Legislature(2019 - 2020)GRUENBERG 120
02/26/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| Commissioner, Department of Corrections | |
| Commissioner, Department of Public Safety | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 26, 2019
3:03 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair
Representative Gabrielle LeDoux
Representative Andi Story
Representative Adam Wool
Representative Sarah Vance
Representative Laddie Shaw
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commissioner, Department of Corrections
Nancy Dahlstrom - Eagle River
- HEARD
Commissioner, Department of Public Safety
Amanda Price - Anchorage
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
NANCY DAHLSTROM, Commissioner Designee
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointed commissioner of the
Department of Corrections.
AMANDA PRICE, Commissioner Designee
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointed commissioner of the
Department of Public Safety (DPS).
ACTION NARRATIVE
3:03:53 PM
CO-CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:03 p.m.
Representatives Fields, LeDoux, Story, Wool, Vance, Shaw, and
Kreiss-Tomkins were present at the call to order.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
3:06:40 PM
CO-CHAIR KREISS-TOMKINS announced that the only order of
business would be confirmation hearings.
^Commissioner, Department of Corrections
Commissioner, Department of Corrections
3:06:55 PM
NANCY DAHLSTROM, Commissioner Designee, Department of
Corrections (DOC), stated that she has been in Alaska 40 years,
is married to Kit, and they have four children and ten
grandchildren. She mentioned that she has worked in both the
public and private sector and represented Eagle River in the
[Alaska State] House of Representatives.
COMMISSIONER DAHLSTROM stated, "It's no secret that I don't have
a corrections background and, then again, this administration
hasn't been doing business as usual." She offered that she has
the professional and educational skillset and abilities to work
with people, to identify problems and opportunities, to create a
path to address them, and to build a team to implement and
ultimately execute the decisions. This, she maintained, makes
her the right choice for the position. She relayed that she
takes the position very seriously and that she is "up for the
task."
COMMISSIONER DAHLSTROM continued by saying DOC's mission is to
provide secure confinement, performative programs, and community
reintegration. She related her goals: employees and inmates
are safe; re-entry programs help inmates transition back into
society successfully; and qualified employees - correctional
officers, probation officers, and medical staff - are recruited
and retained.
COMMISSIONER DAHLSTROM mentioned the positive changes she has
enacted in the few months she has been in the position -
suspended or amended policies to focus on the safety of
employees and inmates, as well as honoring and recognizing
victims and their rights. She stated that she is committed to
programs that help the incarcerated integrate back into society.
She said that she recognizes that people make mistakes and
through many of the programs - faith-based, work-based,
substance abuse, and others - DOC can encourage people to become
law abiding citizens again. She relayed that she has recently
hired someone with extensive experience in criminal justice and
re-entry.
COMMISSIONER DAHLSTROM reported that DOC has a dedicated staff
of 1,900 men and women throughout the state; recruiting and
retaining staff is difficult. She mentioned that she has
created a working group that is dedicated to addressing the
issues, challenges, and opportunities for recruitment and
retention head-on.
3:11:35 PM
REPRESENTATIVE LEDOUX asked how Commissioner Dahlstrom planned
to respond to the problem of drugs and other contraband smuggled
into the [prison] system.
COMMISSIONER DAHLSTROM acknowledged that was a serious concern
and asserted that she has started to address this problem. She
offered that it would be inappropriate in the committee hearing
to relay the ways that DOC is addressing this concern.
3:12:34 PM
CO-CHAIR FIELDS asked to hear Commissioner Dahlstrom's long-term
and short-term goals for stronger re-entry programs. He cited
that statistics show progress in reducing the recidivism rate,
which has decreased about six percentage points. He added that
part of the success is due to the state working with faith-based
and non-profit organizations to improve re-entry.
COMMISSIONER DAHLSTROM replied that she has a new hire that she
has tasked with assessing every DOC program and other programs
with which DOC could become involved. This will enable staff to
identify what exists and the available resources for DOC to help
the inmate population. She added that she is unable to give
specifics on any of the programs but asserted that there are
opportunities.
CO-CHAIR FIELDS stated that he would like to see consistent
tracking of the percentage of inmates, released and on parole,
having offender management plans, and of those offender
management plans, which plans address employment, substance
abuse, and housing. He expressed his concern that the offender
management plans be meaningful and actually address the critical
factors that influence whether someone will be successful after
release.
COMMISSIONER DAHLSTROM agreed and asserted that such tracking
will be performed. She stated that she looks forward to working
with the representative in the future.
3:15:12 PM
REPRESENTATIVE SHAW asked whether the budget includes the
closing of a correctional facility.
COMMISSIONER DAHLSTROM relayed that the budget has a projection
for closing part of the Wildwood Correctional Complex
("Wildwood").
REPRESENTATIVE SHAW said that he spoke with a social worker at
the facility who mentioned a potential of 46 employees affected
by the partial closure. He asked if that was true.
COMMISSIONER DAHLSTROM responded that there are 46 position
control numbers (PCNs) that could be affected. She stated that
she has expressed to the employees her intention to absorb those
workers into other institutions.
3:15:56 PM
REPRESENTATIVE STORY asked for the reason for the partial
facility closure.
COMMISSIONER DAHLSTROM responded that the budget contains
changes that, if passed, would include the closure. She added
that the budget projects moving 500 inmates to out-of-state
facilities. She offered should that occur, the hope is that the
inmates at Wildwood would be moved to institutions where they
can take advantage of the programs that the other facilities
offer. The Wildwood building would be "mothballed."
REPRESENTATIVE STORY asked whether the closure was part of the
proposal to ship inmates out of Alaska.
COMMISSIONER DAHLSTROM confirmed that was the proposal in the
budget.
REPRESENTATIVE STORY mentioned that shipping inmates out of
state had been done previously with detrimental effects to
families. She asked if there is any reason the negative effects
would be different this time.
COMMISSIONER DAHLSTROM answered that she has reviewed the
previous experience and proposes bringing inmates back into
Alaska sooner - with two or three years left on their sentences
rather than a few months - for better integration. She
maintained that the [negative] effects on families is a natural
consequence of being incarcerated.
REPRESENTATIVE STORY offered that there are many effects of
being incarcerated and it is important to look at the long-term
effects. She maintained that respect and humane treatment for
the inmates is necessary for successful re-entry, as 90 percent
of inmates come back into the communities. She contended that
the expense of out-of-state incarceration was extensive and
expressed that she would rather see that money stay inside the
state. She opined that inmates being close to home not only
benefits the inmates, but businesses that support the facilities
and, indirectly, the community. She asked if an analysis is
being done to weigh the costs and savings of in-state
incarceration versus out-of-state incarceration.
COMMISSIONER DAHLSTROM responded that an official analysis is
not being done at present but something that she will take into
consideration.
3:20:44 PM
REPRESENTATIVE VANCE asked whether the commissioner had any
input in the implementation of DOC funds and whether the
decisions regarding Wildwood closure and its employees were hers
or belonged to someone else.
COMMISSIONER DAHLSTROM replied that those budgetary decisions
were made by the Office of Management & Budget (OMB).
REPRESENTATIVE VANCE asked how the commissioner plans to work
with each facility and the DOC employees going forward during
future years' budgeting processes in order to maintain the DOC
mission and goal of safety, re-entry, and recruitment.
COMMISSIONER DAHLSTROM answered that she will follow the law and
abide by the budget that is passed by the legislature and the
governor; with any changes, she will reevaluate the
effectiveness of DOC practices, readjust expenditures, and
ensure that funds are spent properly.
REPRESENTATIVE VANCE referred to Alaska's increased number of
inmates who are aging and having increasingly costly medical
needs. She asked whether more affordable treatment of these
conditions in the Lower 48 is a factor in relocating inmates out
of state - in order to maintain inmate safety and find
efficiencies. She asked also if these patients make up the bulk
of inmates to be relocated.
COMMISSIONER DAHLSTROM replied that these patients do not make
up the bulk of the inmates being relocated, but these patients
are in her consideration as far as getting them the care that
they need. She added that DOC medical providers assist in
determining the facilities that are available and have the
services needed so that inmates can receive proper care. She
maintained that inmates with medical issues have not been
identified as a group to be moved out of state.
3:24:27 PM
CO-CHAIR FIELDS mentioned the commissioner's testimony that the
partial closure of the Wildwood facility was OMB's proposal. He
asked whether it was also OMB's proposal to ship inmates out of
state.
COMMISSIONER DAHLSTROM responded that the partial closure was
projected in the budget.
CO-CHAIR FIELDS asked for the recidivism rate for inmates
incarcerated outside of Alaska compared with that of in-state
inmates. He mentioned reports that outside prisons, often run
by private for-profit companies, are a criminal training ground.
COMMISSIONER DAHLSTROM responded that she would provide the
committee with that information, as Alaska has not sent inmates
out of state for several years.
CO-CHAIR FIELDS reiterated the point that Alaska may be saving
"a couple bucks" now but ultimately getting higher recidivism
rates and more crime. He asked, "Are we really saving money?"
3:25:55 PM
CO-CHAIR KREISS-TOMKINS referred to the line between the
commissioner's office and OMB as far as control and policy
making and asked, "Where does your scope of authority begin and
end, vis-a-vis OMB and vis-a-vis the governor's office, in terms
of making DOC policy?"
COMMISSIONER DAHLSTROM answered that she has open communication
with OBM and with the governor's office and is free to discuss
anything she deems important. She stated that she does not take
facility closures and the moving of inmates lightly. She
maintained that nothing would be done without full analysis and
scrutiny; decisions will not be based just on financial issues,
but on proper care of the inmates.
CO-CHAIR KREISS-TOMKINS asked whether there are policy-making
areas in DOC for which she has sole authority; he asked her to
identify those areas.
COMMISSIONER DAHLSTROM responded that she has authority over all
DOC policies.
3:27:47 PM
REPRESENTATIVE WOOL asked for confirmation that the decision to
move inmates to out-of-state prisons would be hers independently
of the administration.
COMMISSIONER DAHLSTROM answered, "That's correct."
REPRESENTATIVE WOOL asked whether she has a position on the
policy of moving inmates out of state. He asked whether moving
inmates is a policy she is interested in pursuing or whether she
could say categorically she is not interested in moving inmates
out of state, if possible.
COMMISSIONER DAHLSTROM responded, "It was proposed in the budget
and I am doing my due diligence in pursuing all the information
I can on that." She maintained that "once that's completed,
we'll make a decision on that."
REPRESENTATIVE WOOL referred to the closure of Wildwood and the
reassignment of employees. He asked if his recollection was
correct that the last time a facility was closed, the personnel
were shifted to other areas where they were needed and,
therefore, were not laid off.
COMMISSIONER DAHLSTROM relayed that she cannot speak
specifically about what happened during a previous closure but
declared that her goal and intent is that DOC would retain
everyone who wished to be retained.
REPRESENTATIVE WOOL asked for clarification on the movement of
employees and inmates due to the [partial] closure of Wildwood.
COMMISSIONER DAHLSTROM responded that there is an official
process of classification of inmates - based on various factors
- that would determine the ones who would be moved out of state
and the ones who would stay. She mentioned that there is one
employee left at DOC who was present during the previous
transfer of inmates, therefore, has experience with the process.
She stated that employees would not be transferred out of state
but may wish to transfer to other in-state facilities.
REPRESENTATIVE WOOL suggested that sending 500 inmates out of
state would result in less need for the 1,900 DOC employees
currently in the department. He offered that releasing unneeded
PCNs would be motivation for the closure.
COMMISSIONER DAHLSTROM opined that the possibility
Representative Wool described was highly unlikely since every
year DOC averages about 120 employment changes, that is, people
leaving the department. She stated that one day last week there
were 55 medical positions, 75 correctional positions, and 30
probation positions open throughout the state. She added that
these people did not transfer. She stated that most likely DOC
would lose a few employees, but her hope and plan is to keep
everyone.
3:32:49 PM
REPRESENTATIVE WOOL suggested that due to losing PCNs through
attrition and retirement, employees would not need to be laid
off, yet the payroll would decrease.
COMMISSIONER DAHLSTROM replied, "Correct."
3:33:19 PM
REPRESENTATIVE VANCE asked what cultural shift Commissioner
Dahlstrom plans to implement at DOC considering the employee
attrition and the newly created working group for employees.
She mentioned that the commissioner sets the tone for the
department and that tone impacts every employee. She asked what
tone the commissioner wished to see within the department.
COMMISSIONER DAHLSTROM replied that the working group will be a
combination of employees covering every area of the facility.
She said that she has not given the group a specific goal
because she wants the process to be employee driven. She added
that she wants the working group to come up with recommendations
for the department. She stated that the tone with which she has
always operated is one of an open-door policy, listening to the
suggestions of employees, and implementing them if possible.
3:35:14 PM
CO-CHAIR FIELDS relayed that the state has saved money through
Medicaid expansion and much of the savings has come through
inmates. He asked her to comment on continued opportunities to
achieve general cost savings through the DOC Medicaid expansion
population.
COMMISSIONER DAHLSTROM responded that for anyone in a DOC
facility, all medical costs are incurred by the state. The state
is unable to bill Medicaid for any of the costs for an inmate in
a DOC facility.
CO-CHAIR FIELDS expressed his understanding that Medicaid
expansion does cover the costs of treatment outside of a
facility for someone in DOC custody. He maintained that in
those instances, Medicaid expansion represents a significant
cost savings for the state's general fund.
COMMISSIONER DAHLSTROM replied that she would research that
question and provide information to the committee.
3:36:41 PM
CO-CHAIR FIELDS referred to the state's strong prison industries
program, which he maintained has been an important component of
re-entry. He asked for Commissioner Dahlstrom's vision for
expanding prison industries while at the same time avoiding
competition with the private sector or displacing working
Alaskans.
COMMISSIONER DAHLSTROM responded that she believes in the
importance of work for a person's health - physical, mental,
spiritual, and social - and a strong work ethic is very
important and helps people succeed in life. She concluded that
she is supportive of work programs; there are work programs in
several of the institutions; some pay the inmates an income; and
some do not pay but teach the inmates skills. She stated that
she wishes to expand the programs, improve the programs, and
involve some additional industries.
3:38:25 PM
REPRESENTATIVE STORY mentioned job training programs for inmates
to teach them 21st century skills, prepare them for the existing
job market, and increase the likelihood of success outside of
prison. She asked whether DOC has a system for assessing the
number of [inmates] released, the demands and goals for the work
programs, the goals set by DOC to prepare the inmates for
success when returning to their communities, and timelines.
COMMISSIONER DAHLSTROM responded that DOC has interesting
dynamics; it doesn't choose who comes "in the door" or when the
person leaves; the length of incarceration differs, as does the
attitudes of the inmates. She stated that she knows that
tracking the DOC program offerings and tracking the success of
the programs are very important. She affirmed that measuring
outcomes helps DOC expend time, effort, and resources on
successful programs.
REPRESENTATIVE STORY asked Commissioner Dahlstrom about re-entry
coaches.
COMMISSIONER DAHLSTROM maintained that it would be ideal if
every person who was released from prison had a re-entry coach.
She stated that re-entry is very important to her. She
expressed that she wishes to "grow" those programs and have them
be successful. She mentioned the many different situations
surrounding the release of a prisoner and said that the ideal is
for each one to leave with a plan and a coach or mentor to help
them navigate housing, employment, transportation, and finances.
She added that some of the inmates may never have had those
experiences in life.
REPRESENTATIVE STORY asked what the budget was for re-entry.
She asked why $1 million in federal re-entry funding was turned
down.
COMMISSIONER DAHLSTROM said that she would provide information
on the amount in the DOC budget for re-entry. She explained
that the decision to turn down the $1 million grant funding was
her decision. She maintained that accepting the funds would
have put in place an infrastructure and "things within the
department that really weren't directly touching the client."
She maintained that after several months, the money would be
gone; it was "one-time" and not continued. She expressed her
belief that turning down the funds was the most responsible
action.
3:43:19 PM
REPRESENTATIVE STORY expressed her hope that DOC would take
advantage of such an opportunity for grant money by doing "one-
time" things with it, such as training for re-entry coaches and
other activities, to capitalize on funds that are not ongoing.
She asked whether Commissioner Dahlstrom was open to finding
one-time uses for funds that could not be generated in the
future.
COMMISSIONER DAHLSTROM responded that she is absolutely open to
that, but she wants to ensure that Alaska has the authority to
use the funds as it sees fit and in a way that will help the
inmates.
3:44:30 PM
CO-CHAIR KREISS-TOMKINS asked Commissioner Dahlstrom what
changes she envisioned for DOC that would take the department in
a different direction than the previous administration and what
aspects of the department she planned to continue,
philosophically or programmatically.
COMMISSIONER DAHLSTROM answered that she never had the
opportunity to work with the previous commissioner and never met
him. She maintained that there were many "good things" done in
the department; there are changes that she has made; and there
are changes that she will continue to make. She stated that her
changes are not a reflection of her not liking how the previous
commissioner operated.
CO-CHAIR FIELDS asked her whether she has spoken with the
previous commissioner by phone.
COMMISSIONER DAHLSTROM responded that she has not, and her
understanding is that he is employed out of state.
CO-CHAIR KREISS-TOMKINS commented that although every
commissioner can and should lead an agency as he/she sees fit,
in the course of a transition, there is always information and
knowledge that could be gleaned from one's predecessor, even
given profound philosophical differences, and a benefit for
doing so.
3:46:33 PM
REPRESENTATIVE VANCE referred to the $1 million federal funding
that was rejected and the stated reasoning for that - the funds
would not "reach the actual client; it didn't touch them." She
asked for more information about the grant requirements and the
inability to maintain the grant, to better understand why the
grant was turned down. She opined that the committee was having
difficulty understanding why the grant money was not accepted
and utilized.
COMMISSIONER DAHLSTROM responded that the grant would have
required hiring additional employees with office space and
equipment; a program would have been implemented and then would
need to be terminated.
REPRESENTATIVE VANCE asked whether there was a projected dollar
amount for maintaining the program and what the program would
have been.
COMMISSIONER DAHLSTROM replied that the program would have been
a re-entry program. She explored reapplying for the funds and
received information that DOC could not reapply. She
questioned, "Is there even a 50/50 chance we can ... reapply
every year and maybe we'll get it and we can continue this?"
She stated it was a one-time end-of-discussion grant.
REPRESENTATIVE VANCE asked for confirmation that Commissioner
Dahlstrom [under the grant] would have to hire employees, and
after the money was spent, the employees would have to be let go
or absorbed into the department.
COMMISSIONER DAHLSTROM responded, "Yes. I would have had to let
them go."
3:48:50 PM
CO-CHAIR FIELDS related that when he worked for the Department
of Labor & Workforce Development (DLWD), he visited the
education center at Anvil Mountain [Correctional Center]. He
was shocked to find a roomful of computers that did not work.
He stated that inmates at that facility were not able to do
important re-entry related tasks, such as adult basic education
to obtain General Education Development (GED) [certificates].
He stated that DLWD staff subsequently transferred computers
from DLWD to DOC and sent them to Anvil Mountain so that the
facility would have functional computers. He urged the
commissioner to communicate with the supervisors of all the
[correctional] facilities to ensure the education and training
rooms have functional equipment.
COMMISSIONER DAHLSTROM replied that she can commit to that and
believes it to be an important service.
CO-CHAIR FIELDS referred to DOC's role as a series of substance
abuse treatment centers. He mentioned that inmates
involuntarily go through detoxification (detox) in many
circumstances and DOC has started providing some medically
assisted treatment. He asked her to comment on the high
percentage of inmates with substance abuse issues and to outline
her short- and medium-term plans for integrating substance abuse
treatment for inmates who are going through withdrawal and who
need treatment, in order to reduce the likelihood that they
start using again upon release.
COMMISSIONER DAHLSTROM conceded that the point Representative
Fields makes is very important; it is a problem DOC cannot fix
alone. She stated that addiction and substance abuse are
universal problems dealt with by every department. She offered
that every effort is made to keep a person who is detoxing safe;
they are monitored regularly. She said, "By the same token, we
are not a mental health facility." She maintained that the
current discussions between DOC and the Department of Health and
Social Services (DHSS) are regarding this issue and how to deal
with it. She relayed that she recognizes this as a serious
problem; she is concerned about it; and she is committed to
dealing with it. She said that DOC will be part of the
"positive answer" in working on it; however, she does not have
all the answers.
CO-CHAIR FIELDS responded by saying, "Whether we like it or not,
essentially DOC is a mental health treatment agency." He
mentioned that his hope is that as she continues to look at
dealing with a population with high incidence of addiction, DOC
would work with DHSS on ensuring that there is counseling
available along with medically assisted treatment for inmates
who are detoxing in order to increase the likelihood that they
succeed after they detox - modeling the activities of non-profit
providers outside of correctional facilities.
3:52:50 PM
REPRESENTATIVE WOOL referred to recidivism charts [on slides 5
and 6 of a PowerPoint presentation by DOC dated February 5,
2019, entitled "Alaska Recidivism & Reentry"]. He restated
Commissioner Dahlstrom's testimony that DOC does not control who
comes into its facilities or how long they stay. He suggested
that DOC does have some influence how on how soon they come
back. He cited from the charts that recidivism for new crimes
was 32 percent and recidivism for those convicted of a felony
and returning due to a felony is 22 percent. He mentioned that
Alaska's recidivism rate is 61 percent and asked if the gap
between the lower rates and the 61 percent rate is due to people
violating conditions of parole. He further inquired if
violating conditions of parole is counted in the recidivism
rates.
COMMISSIONER DAHLSTROM responded that she will provide that
information to the committee.
REPRESENTATIVE WOOL referred to the trip that former DOC
Commissioner Dean Williams took to Norway along with Senator
Pete Kelly and Representative Bryce Edgmon [during the Thirtieth
Alaska State Legislature, 2017-2018] to tour its facilities and
speak with the corrections officers. He stated that all three
were very impressed and received a great deal of insight on how
the Norway prison system dealt with recidivism. He asked
whether Commissioner Dahlstrom had familiarized herself with
that trip and the concepts learned through that trip.
COMMISSIONER DAHLSTROM answered that she was aware of the trip
and that those that attended felt they learned a great deal.
She mentioned that she has not been to Norway. She related that
she found documentation in the commissioner's office about the
trip and has read it. She stated that she is open to
considering Norway's institutions and institutions everywhere to
learn how Alaska can "beat" the recidivism.
REPRESENTATIVE WOOL, in reference to prison industries, stated
that he supports inmates earning wages to be used inside prison
and to bank for when they are released. He asked whether she
also supports such goals.
COMMISSIONER DAHLSTROM responded that she absolutely approves of
those goals.
REPRESENTATIVE WOOL asked about the use of telephones in
facilities and the cost of telephone calls.
COMMISSIONER DAHLSTROM answered that there are certain pods and
areas in different facilities providing varying access to
telephones. She expressed her understanding that an inmate can
call anyone on his/her approved call list - developed by the
superintendent - and the calls are collect calls.
3:57:41 PM
REPRESENTATIVE WOOL inquired as to the cost of calls - rate per
minute - and whether that rate is inflated due to prison
personnel needing to monitor the calls. He mentioned that he
heard that the rate was several dollars per minute.
COMMISSIONER DAHLSTROM replied that she did not know but would
provide that information. She offered that rates may be
different in different parts of the state.
REPRESENTATIVE WOOL asked whether pregnant inmates are required
to be in shackles while giving birth.
COMMISSIONER DAHLSTROM expressed her belief that the answer is
not "cut and dried"; it depends on the violation for which they
have been incarcerated. She maintained that DOC wants to keep
these women and everyone else safe.
3:59:30 PM
CO-CHAIR KREISS-TOMKINS moved on to the confirmation hearing for
the commissioner of the Department of Public Safety (DPS).
^Commissioner, Department of Public Safety
Commissioner, Department of Public Safety
3:59:52 PM
AMANDA PRICE, Commissioner Designee, Department of Public Safety
(DPS), stated that she has lived in Alaska 40 years; she and her
husband live in Anchorage and have three children. She relayed
that 20 years ago she accepted a position managing a small non-
profit organization in Alaska, which gave her the opportunity to
travel to very rural communities to provide immediate and
necessary services to Alaskans in those communities. She
maintained that the rewards of being able to provide needed
services for people in the communities changed the direction of
her life. She moved from that position to several other
executive director positions for non-profit organizations and
served on boards for non-profit organizations; her sole focus
was improving and expanding services to Alaskans in the most
rural communities. She relayed that these opportunities
afforded her extensive and profound knowledge on strategic
planning, operational management, operating a significant
budget, being very conscientious on how dollars are spent, and
getting the most output for every dollar utilized. She added
that she also had the opportunity to engage in media relations
and public relations and to start to delve into policy
development and legislative interaction.
COMMISSIONER PRICE relayed that when she accepted the position
as executive director of Standing Together Against Rape (STAR) -
the sole rape crisis center for the state - her passion for
service came together with her genuine passion, which is working
with victims of violence in Alaska. She said that while she was
employed as executive director for STAR, she benefitted from
working with exceptional professionals in the Special Victims
Unit (SVU), the Crimes Against Children Unit (CACU), the Alaska
Bureau of Investigations (ABI), the Office of Children's
Services (OCS), forensic nursing, and family care coordinators
and advocates. She saw firsthand and developed a
multidisciplinary, coordinated, collaborative response that
improved the state's ability to hold offenders accountable while
also supporting victims in the process. She maintained that
these experiences opened her eyes and gave her a deep
understanding of the gaps in service that Alaska's criminal
justice system faces and the challenges that law enforcement
faces, particularly in rural communities.
COMMISSIONER PRICE stated that when she moved from STAR to
become the senior advisor on crime policy and prevention under
Governor Bill Walker, three unrelated cases crossed her desk
that motivated her to require on the governor's behalf a
statewide audit of Alaska's law enforcement entities. This
ultimately led to the current focus on unprocessed and
unsubmitted sexual assault kits. She asserted that work on this
issue influenced a sustainable change in how Alaska addresses
forensic evidence, not just in sexual assault cases but across
the board, and how the state will process them, be responsible
to victims of violent crime, and ensure that there is adequate
response.
COMMISSIONER PRICE relayed that she has been a member of the
Alaska Network on Domestic Violence and Sexual Assault (ANDVSA),
the National Criminal Justice Association (NCJA), public safety
focused national organizations, federal entities focusing on
public safety, and housing and homeless coalitions; she has
committed a great deal of her time as a volunteer to expand
services throughout the state. She added that she has a very
strong understanding of Adverse Childhood Experiences (ACEs) and
of how ACEs link directly to the current crime rate. She
advocated for Alaska to address such experiences in children and
determine how to move forward in preventing this generation from
re-victimizing and re-perpetrating at the same level as
currently.
COMMISSIONER PRICE declared that her prior work has allowed her
to develop strong relationships within the Division of Alaska
State Troopers (AST), including retired Colonel Jim Cockrell,
former DPS Commissioner Gary Folger, and former DPS Commissioner
Walt Monegan - her former supervisor. She attested to the value
of connecting with former commissioners during transition and
looks forward to sitting down with Mr. Monegan after his
recovery from knee surgery.
4:06:11 PM
COMMISSIONER PRICE conceded that she is an unconventional choice
for the position of commissioner of DPS in terms of historical
practices in Alaska; historically governors have appointed a
career law enforcement professional to serve as commissioner.
She offered that there has been great benefit for doing so over
the years and the men who have served have served well. She
stated that the position of DPS commissioner was not a law
enforcement position, but a civilian administrator position. It
is tasked specifically with: providing overall policy and
management to the department; overseeing the boards, councils,
and divisions of the department; working with the legislature to
ensure that the governor's and the department's initiatives and
goals are being met; and ensuring that the resources allocated
to the department are parsed out to ensure that mission critical
services are being delivered.
COMMISSIONER PRICE continued by saying that the core mission of
DPS is very clear: the statutory obligation is to protect life
and property; the constitutional authority identifies the need
to protect the public. She stated that there are several
divisions, boards, and councils housed under DPS that serve
those critical public safety functions. She expressed her
belief that the department has been remiss in supporting a
variety of the divisions that exist within the department. Most
people think of the department solely in terms of AST; there is
a great deal more work put forward on behalf of Alaska from DPS.
She added that more than half of DPS employees are not AST or
[Division of] Alaska Wildlife Troopers (AWT). She cited the
other entities within DPS and the work they do. The Council on
Domestic Violence and Sexual Assault (CDVSA) funds 24 emergency
shelter programs in very rural communities throughout the state;
the programs have a focus on primary prevention efforts; they
work with advocacy centers to provide services for children who
witness or experience trauma; they serve a critical function in
providing emergency safe placement for individuals who
experience domestic violence; and they work diligently to
prevent crimes of domestic violence.
COMMISSIONER PRICE reported that the Division of Fire and Life
Safety (DFLS) has statewide jurisdiction for plan review and
fire code enforcement. She opined that DFLS has been one of the
most under supported divisions within DPS. She maintained that
having a focus on evaluating plan reviews and ensuring that
there are safe building constructs in place in the communities
reduces fire fatalities; however, historically this division has
been consistently underfunded. She stated that she plans to
ensure that DFLS has an adequate number of deputy fire marshals,
who perform arson investigations and fire fatality
investigations, and adequate staffing to ensure that the impact
to commerce is lessened and plan reviews can be approved in a
more streamline fashion.
COMMISSIONER PRICE relayed that the Division of Statewide
Services (DSS) houses DPS's Criminal Records and Identification
Bureau (CRIB) led by nationally recognized professional Kathy
Monfreda. She said that DSS includes the sex offender registry;
the state has approximately 3,500 registered sex offenders. The
division also manages the concealed carry permits, of which
there are currently approximately 11,000. The division also
houses the fingerprint identification (ID) system, the Alaska
Public Safety Information Network (APSIN), and emergency
dispatch and 911 services. Commissioner Price also mentioned:
the Scientific Crime Detection Laboratory ("state crime lab"),
providing forensic services for all law enforcement statewide;
the State Police Standards Council (APSC); the Alaska Fire
Standards Council (AFSC); the Division of AWT numbering 88
troopers; and the Division of AST numbering 301 troopers. She
added that 19 new members of AST and 5 lateral recruits just
started at the academy. She relayed that AST administers the
Village Public Safety Officer (VRSO) program; she cited concern
regarding this program and stated that she is eager to discuss
the program with legislators.
4:11:10 PM
COMMISSIONER PRICE asserted that the direction of DPS is clear
as far as priorities. The department aims to improve the access
and response time in rural communities, to recruit and retain
troopers, and to maintain personnel that support the troopers.
She stated that she considers it a significant personal
responsibility to support the men and women who serve the
department by serving them and ensuring that they have adequate
training and adequate equipment to safely do their jobs. She
emphasized the department's obligation to be cognizant of
employee wellness and emotional well-being given the difficulty
of the jobs. She declared that she is passionate about the work
of DPS and opined that with her experience coupled with the law
enforcement experience of the deputy commissioner [Deputy
Commissioner Michael Duxbury], the colonels named to lead AST
and AWT [Colonel Barry Wilson, AST, and Colonel Doug Massie,
AWT], and the incredibly talented staff members housed
throughout the department, DPS is exceptionally positioned to
move forward in a positive direction and meet [Governor Michael
J. Dunleavy's] goal of improving public safety for Alaska.
4:12:15 PM
CO-CHAIR FIELDS stated that countless rural communities without
local public safety presence have reported that AST refuses to
deploy troopers to rural areas when residents call for public
safety help with individuals who are threatening violence; it
has been reported that the trooper dispatcher says, "Call us
when you have a body." He asked, "Is it a DPS policy not to
dispatch troopers until a violent crime has actually been
committed, even when we have advance warning of potentially
dangerous and even potentially deadly behavior?"
COMMISSIONER PRICE responded that DPS must follow state law, and
the governor's proposed crime bill provides a fix to the
challenge that the representative has identified. She stated
that if there is not a threat of harm, but a generalized
terroristic threat, currently AST may or may not, depending on
the scenario, have the legal right or responsibility to respond.
She relayed that the governor has introduced a bill providing
that a generalized threat of harm would receive a response from
law enforcement prior to an actual incident of harm occurring;
it is a provision which DPS deems to be an improvement; and it
would be a tool allowing law enforcement to arrive and
deescalate the scenario before an incident of harm occurs. She
expressed her belief that the scenario described reflects a flaw
in state law.
CO-CHAIR FIELDS relayed that the Office of Management & Budget
(OMB) Director Donna Arduin stated that the commissioners of the
various departments have suggested areas of their budgets that
could be cut by the administration. He asked Commissioner Price
whether she proposed a $3 million VPSO cut or whether Ms. Arduin
proposed that cut. He asked additionally whether she was aware,
when the cut was proposed, that there was still five months
remaining for contractors to use the previously appropriated $3
million.
COMMISSIONER PRICE responded that she was aware of the timeframe
of the cut, and the negative supplemental was introduced by the
governor and OMB. She maintained that she will work within the
budget that is ultimately appropriated for the VPSO program to
ensure that the grantees have adequate funding to continue to
recruit and hire VPSOs and to continue to purchase the supply,
the fuel, the travel, and the training. She asserted that she
is 100 percent confident that all ten grantees have adequate
funding to do so for the remainder of this fiscal year.
CO-CHAIR FIELDS said that he heard that DPS has been slow to
issue and clear background checks for candidates who are ready
to begin work, causing delays in the VPSO hiring process. He
asked if she had heard that and if the department was addressing
it.
COMMISSIONER PRICE replied that she has not heard of that
specifically. She said that, barring any additional knowledge
of the source of the complaint, it is something she has not
witnessed; she is currently directly involved with hiring
because filling these positions is an area of focus for DPS; and
she maintained that the background checks are clearing quickly.
She offered that the concern may refer to individuals with
recent felonies in their background who are seeking appeals for
their denials; she maintained that in these cases the process
does take time, because DPS must do their due diligence to
ensure that the individuals in these positions will serve the
communities safely.
CO-CHAIR FIELDS asked for strategies being employed by DPS to
ensure the [the presence of] VPSOs and other first responders in
every community in Alaska.
COMMISSIONER PRICE responded that the concept and the deployment
of improving rural public safety - both the response and the
number of professionals and first responders available to
provide that response - is a priority of the department and most
likely the single item which consistently fills her time and
that of the command staff. She offered some ideas with the
caveat that they have not been vetted and the department is not
ready to move forward on them until it can collaborate with the
grantees. She said that the grantees have indicated that one of
the challenges they experience in hiring VPSOs is the
regulations associated with how the grant funds can be used.
She offered that DPS is evaluating the grant agreements; it is
trying to find opportunities for allowing more control to the
grantees; it is considering easing regulations and allowing the
grantees an easier funding mechanism and more freedom in hiring.
She conceded that since the state is responsible, it wants to
ensure that the decisions DPS makes is in the best interest of
the state. Providing villages with a more "hands off"
experience and greater control is new and somewhat concerning.
She mentioned the possibly of funding a "straight dollar" amount
to incorporated villages with 50 or more people to hire a
village police officer. She maintained that discussions are
ongoing about the most effective way to improve rural public
safety.
4:18:38 PM
REPRESENTATIVE VANCE asked for a clarification of the
commissioner's jurisdiction over VPSOs and the difference
between a VSPO and an AST.
COMMISSIONER PRICE explained that the VPSO program is governed
by state statute, which mandates that the VPSO program is
created within DPS, that the legislature appropriate funding to
DPS, and DPS grant those funds to the regional non-profit
corporations for hire and oversight of those positions. She
stated that the legislature and the governor appropriate the
line item to DPS and as commissioner, she must grant that
funding to the ten different non-profit organizations. She
clarified that the non-profit organizations are ten different
employers with ten different levels of compensation, ten
different levels of benefits, and ten different work hour and
payment schedules. She emphasized that this creates one of the
structural challenges with the development of the VPSO program;
the VPSOs have indicated to the department that they do not feel
supported or that they are getting adequate training. She
relayed that DPS is responsible for delivery of grant funding,
with line items to fund travel and training; however, it is the
grantees obligation and accountability to ensure that their
VPSOs are receiving the training. She emphasized that DPS
provides the training; however, it is still the grantees'
responsibility that the funds are used for that purpose. She
added that there may be discrepancies among the grantees' in
using the line item for training and ensuring that the VPSOs are
trained. She concluded that there is no uniformity or
standardization, and she, as commissioner, has no authority over
the delivery of services.
4:21:27 PM
REPRESENTATIVE LEDOUX expressed her understanding that of the
ten VPSO employers, the administrative charges range from 7-10
percent at the lower end to 48 percent at the upper end. She
asked whether this was correct and whether Commissioner Price
was concerned with the amount of money that is going to
administration of the grants, as opposed to actual VPSO
services.
COMMISSIONER PRICE said it is correct that the top indirect rate
is 48 percent and one grantee charges a 9 percent administrative
fee. She stated that the average administrative cost across the
board for the ten programs is 33.4 percent. She maintained that
she is quite concerned about the high administrative costs, as
the intent of the legislature and the governor in appropriating
that funding is to improve rural public safety; her concern is
that the high administrative costs are impeding that effort.
She mentioned that intent language was drafted by the
legislature two years ago [in the fiscal year 2017 (FY 17)
operating budget] indicating that if the average indirect cost
associated with the program exceeded 30 percent, the program
should be reevaluated, and structural shifts or caps should
occur. She stated that she did not know whether the grantees
have been engaged in discussions about that legislative intent
language or what changes might be made. She reiterated that DPS
was concerned about 48 cents on every dollar for rural public
safety going to overhead.
REPRESENTATIVE LEDOUX asked what the grant administrators do for
the administrative costs and whether there is any difference
between what is done for 48 percent versus the 9 percent.
COMMISSIONER PRICE replied that that there is no difference in
the administrative work capacity of the program coordinators
administering the fund. She offered that the difference in the
indirect rate was due to DPS entering into agreements with the
grantees - six or seven years ago - allowing them to charge the
federally negotiated indirect rate. This occurred because the
Department of Health and Social Services (DHSS) was paying its
contractors the federally negotiated indirect rate, prompting
the VPSO grantees to request the same percentage as the other
state agency was paying. She said that at that time, DPS
decided that allowing the grantees to charge the federally
negotiated indirect rate was appropriate; however, she expressed
her belief that the practice should be reevaluated.
REPRESENTATIVE LEDOUX asked whether the federal government
allows a 48 percent indirect charge on grants it gives.
COMMISSIONER PRICE replied yes. She expressed her belief that
there are a variety of reasons that the indirect rate negotiated
by the federal government makes sense. She opined that those
reasons do not necessarily apply to the rate that the state
should pay for indirect and expressed that the issue deserves
additional analysis.
4:26:09 PM
CO-CHAIR KREISS-TOMKINS asked the commissioner whether she
thinks the trooper academy should be in Sitka, Alaska.
COMMISSIONER PRICE expressed that she is not opposed to or
supportive of the academy moving; she does not have enough
information. She expressed that she would expect to see a
diligent and significant cost analysis, if there was a
recommendation for it to move. She maintained that any time the
state considers moving a program, it must perform a cost-benefit
analysis. She opined that there is a benefit for the academy,
which operates under a paramilitary style of training, to be
removed from an urban area. The trainees are housed in dorms
and collectively immersed in the experience.
CO-CHAIR KREISS-TOMKINS asked the commissioner to speak to any
changes proposed in the governor's budget intended to create the
capacity to achieve her desired outcomes, and he asked how she
envisions pursuing them without additional money for the
department.
COMMISSIONER PRICE relayed that the governor's proposed budget
for DPS has not specified cuts outside of the $3 million
reduction to the VPSO program, although there is a 50 percent
cut in travel costs in every administrative budget, and there is
some realignment of funds for fiscal "clean-up." She continued
by saying that the budget allows DPS the opportunity to make
significant improvements under the budget appropriated by the
legislature last year [Thirtieth Alaska State Legislature, 2017-
2018]. She relayed that Colonel Doug Massie put forth a
supplemental budget request for an essential vessel repair;
capital appropriations were available and identified in the
budget to fund the repair and to replace a recently
decommissioned vessel to meet the needs of AWT. She concluded
that evaluation of the budget with a critical eye provides her
the opportunity to ensure that every division has adequate
resources, including additional opportunities to support DPS
plan review inspectors and ensure an adequate number of
personnel - without having to request additional funding this
year. She stated, "We will absolutely have to request more
money next year."
4:30:37 PM
REPRESENTATIVE VANCE mentioned her trooper ride-along
[experience] and stated that she became aware of the need for
better information technology (IT) equipment. She said there
was a large compilation of equipment that didn't work. She
relayed that the trooper needed to print a warrant in order to
transfer an individual to a local facility; due to one problem
after another in trying to print the warrant, the trooper's time
not "on the street" was prolonged. She asked whether the
commissioner has funds in the budget this year to create
efficiencies for the troopers and maximize their time with
"boots on the ground."
COMMISSIONER PRICE responded that she does not have enough
information on what improvements and repairs are needed to
responsibly ask for a dollar amount; however, it will be
included in the strategic planning. She conceded that troopers
should not be in the position of having to concern themselves
with such details; it is not safe for them or their communities
to be engaged that way; and it is a waste of DPS money. She
stated that DPS will need to do a full analysis and evaluation
of equipment. She referred to the build-out of the drug
enforcement unit and lamented that there is a lack of timeline
for the build-out, a lack of an IT department that has been
supported or encouraged to ensure prioritization of incoming
projects, and a lack of communications regarding the build-out.
She stated that there is a tremendous amount of opportunity to
improve the IT capacity of the department; before requesting
more money, DPS leadership needs to understand the challenges
and the options going forward.
REPRESENTATIVE VANCE asked whether Commissioner Price has the
latitude to work with the [Office of Information Technology
(OIT), Department of Administration (DOA)] for its IT needs, or
whether it can be handled by IT within DPS.
COMMISSIONER PRICE answered that DPS has in-house IT staff
within DSS. Half of the IT employees are OIT employees and half
are DPS employees, but all identify DPS as their primary
customer. She added that these employees are exceptionally
talented; however, DPS lacks a system for the prioritization of
IT projects, how IT staff will communicate with outside
contractors, and a schedule for appropriate maintenance and
replacement [of equipment].
4:35:26 PM
REPRESENTATIVE STORY asked how the commissioner planned to
recruit and retain troopers and officers; she mentioned the
importance of the state returning to a defined benefit
retirement plan option.
COMMISSIONER PRICE replied that for AST and AWT, DPS currently
has a "perfect recipe": the recruitment unit has excellent
leadership; DPS has changed the culture of recruiting from "you
as an applicant are lucky if you are selected" to "you as an
applicant are valuable to us and we want to see you succeed."
She said that expectations for the applicants remain high; and
she reiterated that the culture of the DPS Recruitment Unit
under Lieutenant Derek DeGraaf and Sergeant David Willson is one
of "you are important to us and we're going to help you through
this." She reported that the largest academy class since 2003
has just started. She expressed her commitment and relayed that
she has communicated clearly to the unit "what you need, you
will get." She stated that DPS is aggressively pursuing lateral
recruits - individuals with prior law enforcement experience -
and that the department has never had a strategic plan for how
to approach and recruit laterals. She said that DPS currently
has five laterals in training and it anticipates another lateral
academy, which is an abbreviated academy, therefore, less
expensive to the state.
COMMISSIONER PRICE relayed that in December when she first
joined the department, she evaluated a 2017 commissioned officer
employee survey; the results were disturbing but not unexpected.
The surveys indicated low morale, questioning of the integrity
of leadership, and many negative comments about the culture of
leadership, such as it being a "good old boys' club." She
established a voluntary recruitment work group, sent out an
invitation to employees, and received a response from 52
employees interested in serving on the group. She stated that
she placed the human resources manager and the training director
in charge of the workgroup; the directives were to develop three
to five policy recommendations for the categories in the survey
receiving a sub-average score; the recommendations are due March
8, 2019. She gave examples of categories that scored low. One
was the category of "inadequate training"; she asked the group
for a definition of inadequate training and corresponding
recommendations. Another category that scored low was reflected
in the comment, "My commander doesn't know what I do every day."
She explained that the response was directly related to travel
restrictions; because of the travel freeze, commanders were
unable to travel to post; Commissioner Price explained to the
commanders that travel to post was mission critical.
4:41:06 PM
REPRESENTATIVE STORY asked about a defined benefits retirement
plan option.
COMMISSIONER PRICE relayed that DPS has not taken a position on
any legislation that has been introduced regarding defined
benefits. She expressed her belief that no legislation has been
introduced regarding defined benefits.
REPRESENTATIVE STORY mentioned that Senator Jesse Kiehl has
introduced such legislation [SB 46]. She then referred to
murdered and missing indigenous women and asked whether the
commissioner planned to focus resources in this area.
COMMISSIONER PRICE responded that the department has always
focused resources in that area. She said the recent arrest in
the Sophie Sergie case [a 25-year-old cold-case involving the
sexual assault and murder of Sophie Sergie at the University of
Alaska Fairbanks in 1993] reflects that the department
consistently and diligently has been investigating cold cases
and cases of missing and murdered Alaskans and will continue to
do so.
REPRESENTATIVE LEDOUX asked from where DPS gets lateral hires.
COMMISSIONER PRICE answered, "Wherever we can get them." She
confirmed they are from in state and out of state.
REPRESENTATIVE LEDOUX asked why a resident of Anchorage would be
happy to learn that the state was hiring from the Anchorage
Police Department (APD).
COMMISSIONER PRICE answered that DPS is not actively recruiting
APD officers; however, working for the state is a choice for
them if they decide to leave APD for any number of reasons. She
maintained that APD is a strong partner of DPS; a collaborative
partnership is important to deliver public safety services.
4:43:50 PM
CO-CHAIR FIELDS stated his desire that the governor clearly
support a defined benefit retirement plan; he maintained that
from what he has heard, it is the most important issue for
recruitment and retention of frontline safety personnel.
CO-CHAIR FIELDS asked whether she supports adding additional
capacity to the ABI, which has one cold-case investigator for
130 cold cases - 13 times fewer than national best practices
recommend. He said that it is known from other jurisdictions
that in terms of missing and murdered indigenous women,
inadequate cold case investigatory capacity can be responsible
for failing to catch serial killers. He asked, "Will you commit
to seeking additional resources for the ABI so that we are
actually tracking down these ... cold cases?"
COMMISSIONER PRICE stated that she commits to ensuring that the
available troopers are placed in the most responsible positions
necessary for the betterment of public safety in Alaska. She
said that she cannot at this time commit directly to what he
requested.
4:45:29 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:45
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Dept. of Corrections Appointee Nancy Dahlstrom - Resume.pdf |
HSTA 2/26/2019 3:00:00 PM |
|
| Dept. of Public Safety Appointee Amanda Price - Resume.pdf |
HSTA 2/26/2019 3:00:00 PM |
|
| Dept. of Public Safety Commissioner Price - PSEA Letter of Support.pdf |
HSTA 2/26/2019 3:00:00 PM |