Legislature(2011 - 2012)BUTROVICH 205

01/25/2012 08:30 AM Senate JUDICIARY


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Audio Topic
08:37:51 AM Start
08:38:34 AM Crime Summit
02:46:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 8:30 a.m. to 3:00 p.m. TELECONFERENCED
Crime Summit
-- Testimony <Invitation Only> --
Nancy Haag, Executive Director, Standing Together
Against Rape (STAR)
Nancy Meade, General Counsel, Alaska Court System
Diane Schenker, Project Coordinator, Fairbanks
Electronic Bail Conditions Project
Helen Sharratt, Integrated Justice Coordinator
Quinlan Steiner, Director, Public Defender Agency
Richard Allen, Director,Office of Public Advocacy
Walt Monegan, President/CEO, Alaska Native
Justice Center
Jake Metcalfe, Executive Director, Public Safety
Employee Association (PSEA)
Commissioner Joe Schmidt, Dept. of Corrections
Deputy Commissioner Carmen Gutierrez, Dept. of
Corrections
Deputy Commissioner Sam Edwards, Dept. of
Corrections
Andre Rosay, Director, University of Alaska
Anchorage Justice Center
Jeff Jesse, CEO, Alaska Mental Health Trust
Authority
Janet McCabe, Chair, Partners for Progress
Barbara Henjum, Director, Division of Juvenile
Justice
Dean Williams, Superintendent, McLaughlin Youth
Center
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 25, 2012                                                                                        
                           8:37 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Gary Stevens                                                                                                            
Senator Johnny Ellis                                                                                                            
Senator Fred Dyson                                                                                                              
Representative Pete Petersen                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CRIME SUMMIT                                                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ERIN PATTERSON-SEXSON, Lead Advocate                                                                                            
Direct Services Coordinator                                                                                                     
Standing Together Against Rape                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Delivered a presentation to the Crime                                                                     
Summit.                                                                                                                         
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Alaska Court System                                                                                                             
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
DIANE SCHENKER, Project Coordinator                                                                                             
Fairbanks Electronic Bail Conditions Project                                                                                    
Alaska Court System                                                                                                             
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
HELEN SHARRATT, Integrated Justice Coordinator                                                                                  
Alaska Court System and                                                                                                         
Coordinator for MAJIC                                                                                                           
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
RICHARD ALLEN, Director                                                                                                         
Office of Public Advocacy                                                                                                       
Department of Administration                                                                                                    
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
WALT MONEGAN, President and CEO                                                                                                 
Alaska Native Justice Center                                                                                                    
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
JAKE METCALFE, Executive Director                                                                                               
Public Safety Employee Association                                                                                              
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
TERRENCE SHANIGAN, Trooper                                                                                                      
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
Talkeetna, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
JOE SCHMIDT, Commissioner                                                                                                       
Department of Corrections                                                                                                       
Anchorage, AK,                                                                                                                  
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
SAM EDWARDS, Deputy Commissioner                                                                                                
Operations                                                                                                                      
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
CARMEN GUTIERREZ, Deputy Commissioner                                                                                           
Prisoner Rehabilitation and Reentry                                                                                             
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
ANDRÉ B. ROSAY, Ph.D., Director                                                                                                 
UAA Justice Center                                                                                                              
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
LAUREE MORTON, Executive Director                                                                                               
Council on Domestic Violence & Sexual Assault                                                                                   
Department of Public Safety                                                                                                     
Juneau, AK                                                                                                                      
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
JEFF JESSE, CEO                                                                                                                 
Alaska Mental Health Trust Authority                                                                                            
Department of Revenue                                                                                                           
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
JANET MCCABE, Chair                                                                                                             
Partners for Progress                                                                                                           
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
BARB HENJUM, Director                                                                                                           
Division of Juvenile Justice                                                                                                    
Health and Social Services                                                                                                      
Anchorage, AK,                                                                                                                  
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
DEAN WILLIAMS, Superintendent                                                                                                   
McLaughlin Youth Center                                                                                                         
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services,                                                                                       
POSITION  STATEMENT:  Delivered  a   presentation  to  the  Crime                                                             
Summit.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:37:51 AM                                                                                                                    
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 8:37  a.m. Present at the  call to                                                               
order  were Senators  Coghill, McGuire,  Wielechowski, and  Chair                                                               
French.                                                                                                                         
                                                                                                                                
^Crime Summit                                                                                                                   
                          Crime Summit                                                                                      
                                                                                                                                
8:38:34 AM                                                                                                                    
CHAIR  FRENCH convened  the second  day of  the crime  summit and                                                               
thanked  his staff,  Cindy Smith  and Kirstin  Peterson, for  the                                                               
outstanding  work that  had  contributed to  the  success of  the                                                               
summit.  He  introduced  the  first  presenter,  Erin  Patterson-                                                               
Sexson.                                                                                                                         
                                                                                                                                
8:38:48 AM                                                                                                                    
ERIN PATTERSON-SEXSON, Lead  Advocate Direct Services Coordinator                                                               
Standing  Together Against  Rape  (STAR)  provided the  following                                                               
statistics. STAR has been around  for over 30 years, serving men,                                                               
women,  and  children  from  a  wide  range  of  backgrounds  and                                                               
ethnicities  who   are  affected  by  various   forms  of  sexual                                                               
violence. In FY11  STAR served 1,143 clients. Of  those, 900 were                                                               
hospital   responses,  sexual   assault   response  team   (SART)                                                               
callouts, and child advocacy center (CAC) callouts. About one-                                                                  
third of  the 900 were  adults and,  of those, 13  were anonymous                                                               
victim reports.                                                                                                                 
                                                                                                                                
MS.  PATTERSON-SEXON  reported that  Alaska  rape  rates are  2.5                                                               
times the  national average. Five  percent of STAR's  clients are                                                               
under 6  years old; 38 percent  are between the ages  of 6-18; 51                                                               
percent are  19-59; 6 percent  are 60  and older; 16  percent are                                                               
male.                                                                                                                           
                                                                                                                                
CHAIR FRENCH asked the degree to which STAR is found statewide.                                                                 
                                                                                                                                
MS.   PATTERSON-SEXSON  replied   STAR  is   primarily  for   the                                                               
Municipality  of  Anchorage, but  also  serves  victims from  the                                                               
surrounding areas and those flying  in from rural locations. Both                                                               
SART and CAC provide services to rural clients.                                                                                 
                                                                                                                                
8:41:28 AM                                                                                                                    
SENATOR PASKVAN joined the committee.                                                                                           
                                                                                                                                
MS.  PATTERSON-SEXSON   shared  STAR  statistics   regarding  who                                                               
commits assaults. She said that  39 percent are acquaintances, 31                                                               
percent  are family  members, 16  percent are  strangers, and  14                                                               
percent  are intimate  partners. Living  in Alaska  increases the                                                               
risk for assault against women. Half  of the women in Alaska have                                                               
been hurt by some form  of interpersonal violence. The outcome of                                                               
violence  manifests  in many  ways:  homelessness,  a feeling  of                                                               
worthlessness, isolation,  risky behavior,  depression, substance                                                               
abuse,  unemployment, fear,  anxiety,  promiscuity, and  suicide.                                                               
The victims are often marginalized and doubted.                                                                                 
                                                                                                                                
MS.   PATTERSON-SEXON   reported    that   offenders   look   for                                                               
vulnerability,  a person  with a  marginalized lifestyle,  and an                                                               
opportunity to  assault. Offenders  seek out  traumatized persons                                                               
because  they  are less  like  to  fight,  to  report, or  to  be                                                               
believed. She shared stories of two women, Mary and Annie.                                                                      
                                                                                                                                
8:49:59 AM                                                                                                                    
CHAIR  FRENCH   thanked  her  for   highlighting  the   issue  of                                                               
homelessness  and how  it  relates  to becoming  a  victim or  to                                                               
committing a crime.                                                                                                             
                                                                                                                                
MS.  PATTERSON-SEXSON replied  that survival  mechanisms are  not                                                               
always  healthy  and  appropriate. Victims  often  commit  crimes                                                               
which puts  more distance  between them  and law  enforcement, so                                                               
that if  they are hurt again,  they are more reluctant  to report                                                               
it.                                                                                                                             
                                                                                                                                
MS. PATTERSON-SEXON said  that many victim survivors  who have no                                                               
money and no  power are at the highest  risk for revictimization.                                                               
The dilemma is  that many offenders have  numerous victims before                                                               
a  crime is  reported,  investigated,  prosecuted, or  sentenced.                                                               
Untreated  sex  offenders  are   released,  often  ending  up  at                                                               
homeless shelters or camps and the cycle continues.                                                                             
                                                                                                                                
MS. PATTERSON-SEXON stressed that  victims need a safe, reliable,                                                               
respectful place  to go  for services. They  need less  blame and                                                               
more support,  as well as  educated communities and  juries. They                                                               
need to  be believed, seen  and heard and have  real, sustainable                                                               
options such  as housing, child  care, treatment,  education, and                                                               
employment.                                                                                                                     
                                                                                                                                
8:52:35 AM                                                                                                                    
MS.  PATTERSON-SEXON reported  the  trends  are toward  increased                                                               
violent  and  lethal  assaults, and  more  homeless  women  being                                                               
attacked. There are  complex issues in cases  such as immigration                                                               
and  custody concerns.  The Internet  is  being used  to draw  in                                                               
victims.  Revictimization is  occurring. On  a positive  note, in                                                               
Anchorage there have been  increased prosecutions, greater public                                                               
awareness, and  heightened government leadership.  An exceptional                                                               
Special Victims Unit  has been developed and a  dynamic SART team                                                               
is in place.                                                                                                                    
                                                                                                                                
8:53:39 AM                                                                                                                    
MS. PATTERSON-SEXON  concluded that STAR continues  to need help.                                                               
She urged  all legislators to  work with local agencies  to learn                                                               
what can be done to stop  the cycle of sexual assault and support                                                               
education and awareness.                                                                                                        
                                                                                                                                
CHAIR FRENCH  said he appreciated the  presentation. He predicted                                                               
that someday Alaska would not have the worst national average.                                                                  
                                                                                                                                
8:55:09 AM                                                                                                                    
SENATOR  MCGUIRE   asked  for  feedback   on  the   factors  that                                                               
contribute to the lack of housing  issue, which has come up as an                                                               
undercurrent  the   last  several   years.  The   Senate  Finance                                                               
Committee recently  discussed the possibility  of re-establishing                                                               
the Commission on Women. Roughly  26.9 percent of women in Alaska                                                               
live  in  poverty,  have  children,  and  are  the  head  of  the                                                               
household. Part  of the problem  is disparity in pay.  Women make                                                               
roughly  66 percent  of what  men make  for equivalent  work. She                                                               
said she  wanted to explore  investing in preschool  and low-cost                                                               
housing in order to offset the domestic violence rate.                                                                          
                                                                                                                                
MS. PATTERSON-SEXSON  agreed that  housing for  women is  a daily                                                               
challenge. It's  easy to judge  these women, but the  options are                                                               
limited.                                                                                                                        
                                                                                                                                
8:58:04 AM                                                                                                                    
SENATOR  COGHILL agreed  with Chair  French  that someday  things                                                               
will be better.  He pointed out that today in  his district there                                                               
are limited places  to go. There is a women's  resource center in                                                               
Fairbanks. He asked whether STAR  had a working relationship with                                                               
the woman's resource center in Fairbanks.                                                                                       
                                                                                                                                
MS. PATTERSON-SEXSON  replied STAR  and the Fairbanks  agency are                                                               
both  members of  the  Alaska Network  on  Domestic Violence  and                                                               
Sexual Assault and receive similar training and share ideas.                                                                    
                                                                                                                                
SENATOR  COGHILL said  he appreciates  the housing  discussion. A                                                               
problem with  developing a  shelter for the  homeless is  that it                                                               
doesn't become a place people go to look for victims.                                                                           
                                                                                                                                
9:00:19 AM                                                                                                                    
CHAIR FRENCH  thanked Ms.  Patterson-Sexson and  introduced Nancy                                                               
Meade.                                                                                                                          
                                                                                                                                
NANCY MEADE,  General Counsel, Alaska  Court System,  stated that                                                               
unlike some of  the other agencies that have spoken,  most of the                                                               
court's issues  are not  strictly civil or  criminal or  rural or                                                               
urban. There are courts in 43  locations around the state and the                                                               
challenges  are intertwined.  For example,  a Fairbanks  judge is                                                               
often  called upon  to travel  to Bethel.  Anchorage is  the only                                                               
exception where there  are five judges that  only handle criminal                                                               
cases in  the superior court.  In most locations, an  increase in                                                               
civil cases  will impact criminal  cases. The court  is reactive;                                                               
it doesn't control cases coming in.  It views itself as a partner                                                               
within  the  overall Criminal  Justice  System.  New programs  at                                                               
other  agencies  affect the  court,  and  all agencies  view  the                                                               
challenges as joint challenges.                                                                                                 
                                                                                                                                
9:03:24 AM                                                                                                                    
MS.  MEADE explained  court  filings by  showing  pie charts  for                                                               
FY11. About  half of all  superior court and district  court case                                                               
filings  combined  are  minor  offenses,   about  a  quarter  are                                                               
criminal,  and about  a quarter  are civil.  About 29  percent of                                                               
superior court  filings are  felonies. In  addition to  6,450 new                                                               
felony  case  filings,  superior   courts  handled  4,500  felony                                                               
petitions to revoke probation (PTRPs).  The PTRPs do not count as                                                               
new cases,  but greatly impact  the system because they  are time                                                               
consuming.  Of district  court filings,  misdemeanors make  up 23                                                               
percent and minor offenses make up 58 percent.                                                                                  
                                                                                                                                
MS. MEADE  explained criminal case  statistics. In 72  percent of                                                               
felony cases  the defendant  entered a guilty  plea. In  about 23                                                               
percent of  the cases,  charges are  dismissed by  the prosecutor                                                               
before  trail. The  trial  rate  is less  than  5  percent and  2                                                               
percent are found guilty of all charges after trial.                                                                            
                                                                                                                                
CHAIR FRENCH asked for clarification.                                                                                           
                                                                                                                                
MS. MEADE clarified  that 2 percent of all those  who are brought                                                               
to trial are  found guilty. A small percent  are acquitted before                                                               
trial.                                                                                                                          
                                                                                                                                
CHAIR  FRENCH said  it seemed  like a  very high  number. Of  the                                                               
felony charges filed, nearly a  quarter are dismissed between the                                                               
time of arraignment and before trial.                                                                                           
                                                                                                                                
MS. MEADE  agreed, adding that  a small percent of  those against                                                               
whom a  case is  filed are  dismissed before  arraignment. Before                                                               
trial, almost a quarter were dismissed.                                                                                         
                                                                                                                                
CHAIR  FRENCH  stated that  in  FY11,  of  6,450 cases  filed  as                                                               
felonies, over 1,000 would be dismissed.                                                                                        
                                                                                                                                
MS. MEADE agreed.                                                                                                               
                                                                                                                                
CHAIR FRENCH asked how long it  takes between filing and when the                                                               
case goes to trial.                                                                                                             
                                                                                                                                
MS. MEADE said  she'd follow up with the  number. Continuing, she                                                               
addressed the  issue of  the delay in  felony cases.  Three years                                                               
ago the Anchorage court tried to  find a solution to the problem.                                                               
The result was the Phoenix Project.  The court found there is too                                                               
much  delay in  transferring documents  and the  solution was  to                                                               
enhance delivery of documents. Attorneys  are now better informed                                                               
of timelines,  which has led  to some improvements. The  court is                                                               
looking at implementing the same solution in the Bethel court.                                                                  
                                                                                                                                
MS. MEADE highlighted  a successful pilot program  in Juneau, the                                                               
electronic  discovery exchange,  whereby prosecutors  and defense                                                               
attorneys use a secure web portal to exchange documents.                                                                        
                                                                                                                                
9:14:15 AM                                                                                                                    
CHAIR  FRENCH asked  what role  the  court system  played in  the                                                               
Juneau project.                                                                                                                 
                                                                                                                                
MS. MEADE replied  that the court helped to  organize the program                                                               
and the chief justice has been involved.                                                                                        
                                                                                                                                
CHAIR FRENCH asked how long it had been in existence.                                                                           
                                                                                                                                
MS. MEADE said it was scheduled to go live in February.                                                                         
                                                                                                                                
SENATOR PASKVAN asked  if some of the dismissals are  as a result                                                               
of a violation of Rule 45, the right to a speedy trial.                                                                         
                                                                                                                                
MS.  MEADE  replied  she  believes   it's  rare  that  cases  are                                                               
dismissed  for  that  reason.  Most  are  dismissed  because  the                                                               
prosecutor believes  the case shouldn't  go forward.  She offered                                                               
to provide dismissal numbers.                                                                                                   
                                                                                                                                
9:16:16 AM                                                                                                                    
MS. MEADE  discussed trends  in the courts.  The most  notable is                                                               
the growth  in probate cases,  which have grown about  25 percent                                                               
statewide  and 54  percent in  Anchorage in  the last  two years.                                                               
Probate cases  include wills, trusts, and  protective proceedings                                                               
such  as guardianships  and  commitments.  Within probate  cases,                                                               
mental commitments  have grown the  most. New procedures  to deal                                                               
with processing cases have rolled out recently.                                                                                 
                                                                                                                                
MS.  MEADE  addressed  a  second,  non-criminal  trend;  a  sharp                                                               
increase in  the number of  motions filed compared to  the number                                                               
of cases.                                                                                                                       
                                                                                                                                
9:18:49 AM                                                                                                                    
MS.  MEADE  highlighted  another  success;  the  case  management                                                               
system called  Court View which is  now being used in  all courts                                                               
state. All  case files are  now standardized with  data available                                                               
statewide. She noted it was a big accomplishment.                                                                               
                                                                                                                                
CHAIR FRENCH  called Court  View a  fantastic service  and voiced                                                               
his appreciation for it.                                                                                                        
                                                                                                                                
MS. MEADE said  it makes case information  available to attorneys                                                               
and the  public. Court calendars are  now on the web.  Court View                                                               
creates   reports   and   transmits   them   electronically   and                                                               
automatically to other agencies to  make cases move more quickly.                                                               
One limitation is  that the software is about 10  years old.  The                                                               
court  system is  looking to  update or  replace the  software in                                                               
order to improve electronic filing data entry.                                                                                  
                                                                                                                                
MS. MEADE said another success is  the court's role in helping to                                                               
improve the  quality of information  in the Alaska  Public Safety                                                               
Information Network (APSIN), the  state's repository for criminal                                                               
background  information. To  ensure  accuracy,  court rules  were                                                               
changed to require case number  continuity. The APSIN records are                                                               
still not  ideal. Sometimes  a judge needs  a report  quickly and                                                               
that is sometimes  difficult. The system could  use updating. For                                                               
example, the electronic filing of citations is limited.                                                                         
                                                                                                                                
9:23:14 AM                                                                                                                    
MS. MEADE  reported that Therapeutic  Courts have been  proven to                                                               
reduce recidivism  among graduates  because they help  to address                                                               
the underlying cause of criminal  behavior. To improve the system                                                               
a subcommittee of  the Criminal Justice Working  Group is working                                                               
to standardize the statewide structure.                                                                                         
                                                                                                                                
MS. MEADE  spoke of ongoing  challenges. The court would  like to                                                               
expand use of video for more criminal hearings.                                                                                 
                                                                                                                                
CHAIR FRENCH  pointed out  that Anchorage  has been  leading that                                                               
effort. He asked if other courts are using video for hearings.                                                                  
                                                                                                                                
MS.  MEADE said  she understands  it is  not used  extensively in                                                               
Anchorage, but  it is  working in Palmer  and Fairbanks  and will                                                               
soon  be in  Kenai.  In  Kotzebue, whose  court  is scheduled  to                                                               
close, there  is a  video link  from Anvil  Mountain Correctional                                                               
Center to  the Kotzebue Courthouse.  There is a problem  with the                                                               
high cost  of bandwidth in  rural Alaska. Also, some  areas don't                                                               
have the necessary satellites available.  The court is working to                                                               
overcome these challenges.                                                                                                      
                                                                                                                                
SENATOR  FRENCH   agreed  that   rural  Alaska   has  interesting                                                               
challenges.  He said  clear communication  is  very important  in                                                               
court proceedings.                                                                                                              
                                                                                                                                
MS. MEADE  stressed that video  links needs  to be a  priority to                                                               
all agencies, not just the court.                                                                                               
                                                                                                                                
CHAIR  FRENCH asked  if  there  was a  line  item  in the  budget                                                               
request for this program.                                                                                                       
                                                                                                                                
MS.  MEADE  replied   the  court  system  is   working  with  its                                                               
information  technology  (IT)  personnel to  determine  what  the                                                               
costs might be.                                                                                                                 
                                                                                                                                
9:28:19 AM                                                                                                                    
MS. MEADE said that another challenge  to the court system is the                                                               
very high workload  in the Bethel court and the  high caseload in                                                               
the Palmer  court. Urban courts  currently seem to  be adequately                                                               
staffed. The court system is  looking at what additional judicial                                                               
resources might be needed.                                                                                                      
                                                                                                                                
9:29:12 AM                                                                                                                    
SENATOR  COGHILL asked  how a  stressed  court is  affected by  a                                                               
request a different judge.                                                                                                      
                                                                                                                                
MS. MEADE  said that a "pre-emptory  challenge" or a "bump"  is a                                                               
stress  for  the Bethel  court.  If  somebody  bumps a  judge  in                                                               
Anchorage, the impact is small, but  in an outlying area it has a                                                               
ripple effect.  The rural district would  have to spend a  lot of                                                               
money to have a judge travel  there, but it is also stressful for                                                               
court administrators in Fairbanks  to handle reassignments. It is                                                               
a  statutory  right,  but  has   a  big  impact  on  the  court's                                                               
operations and budget.                                                                                                          
                                                                                                                                
SENATOR COGHILL noted that the  Fairbanks court takes care of the                                                               
Bethel  court  overload,  and  asked  if  there's  something  the                                                               
Legislature needs to do or be aware of.                                                                                         
                                                                                                                                
MS. MEADE  reported that this  year's budget contains  no request                                                               
for more  judges in Fairbanks.  She said it  was a strain  to pay                                                               
for  judges to  travel, but  she did  not know  if another  judge                                                               
would be requested in the future.  She said she thought one might                                                               
be needed sooner in Bethel.                                                                                                     
                                                                                                                                
MS. MEADE  noted that Palmer is  growing fast and that  its court                                                               
caseload is also growing. A new  judge position may be funded for                                                               
that area next year.                                                                                                            
                                                                                                                                
MS.  MEADE  addressed another  challenge,  the  high turnover  of                                                               
staff. The  court system  has requested money  from the  "No Dark                                                               
Courtroom" account,  which is money used  for long-range planning                                                               
effort  to address  staff shortages.  There  is a  need for  more                                                               
staff so there is more than one  clerk per judge in order to make                                                               
courtroom use more efficient.                                                                                                   
                                                                                                                                
MS. MEADE  discussed courthouse upgrades and  security. The court                                                               
system  must protect  staff  and  the public  and  has asked  for                                                               
facility upgrades in order to  make criminal case transports more                                                               
secure.  There is  a need  for separate  elevators so  the public                                                               
does  not  have  to  share   space  with  a  defendant  and  more                                                               
courtrooms  that  are  equipped  for criminal  cases.  The  court                                                               
system  is  seeking  an  update  of  the  Palmer  courthouse  for                                                               
security reasons.                                                                                                               
                                                                                                                                
9:34:49 AM                                                                                                                    
DIANE  SCHENKER, Project  Coordinator, Fairbanks  Electronic Bail                                                               
Conditions  Project,  Alaska  Court  System,  Anchorage,  Alaska,                                                               
explained the Electronic  Bail Project, a pilot  in the Fairbanks                                                               
court.  The purpose  of the  project is  to make  bail conditions                                                               
available  in  electronic  form   from  the  source,  the  minute                                                               
conditions  are  created  in  court,   so  that  law  enforcement                                                               
officers  can have  on-line access  to those  conditions, enforce                                                               
them, and  make them available  to the  public. The project  is a                                                               
pilot in order  to determine if it is feasible.  The challenge is                                                               
to use technology to make it  as easy as possible without slowing                                                               
the courtroom down.                                                                                                             
                                                                                                                                
MS.  SCHENKER  described  the  process   used  to  implement  the                                                               
Electronic Bail  Conditions Project. The Court  System first went                                                               
over the requirement  and then met with  law enforcement agencies                                                               
in the Fairbanks area. Next,  the judges tested the equipment and                                                               
gave feedback, and now the project is on its second version.                                                                    
                                                                                                                                
CHAIR FRENCH  said bail conditions  used to be a  cumbersome two-                                                               
step process. He asked how it is done now.                                                                                      
                                                                                                                                
MS. SCHENKER explained that while  the judge is setting bail, the                                                               
information  is electronically  interfaced  with  Court View  and                                                               
custom bail conditions  are entered by the court  clerk. When the                                                               
electronic form  is finished,  it is emailed  to jails  and other                                                               
agencies. Then, it  goes into a repository  so different versions                                                               
of the bail order are available depending on who asks.                                                                          
                                                                                                                                
MS.  SCHENKER contrasted  the current  method of  bail processing                                                               
with the  new electronic  method. When this  project is  done any                                                               
officer will  know when a  person has bail conditions  because it                                                               
will show on the APSIN screen. She gave an example.                                                                             
                                                                                                                                
MS. SCHENKER mentioned  that the court system learned  a lot from                                                               
the Anchorage project. The arrests  for violating bail conditions                                                               
increased by 500 percent.                                                                                                       
                                                                                                                                
CHAIR FRENCH commented  that the project is so  necessary, but so                                                               
difficult technically.                                                                                                          
                                                                                                                                
MS. SCHENKER thanked the Legislature for supporting the project.                                                                
                                                                                                                                
9:41:37 AM                                                                                                                    
HELEN  SHARRATT,  Integrated  Justice Coordinator,  Alaska  Court                                                               
System   and  Coordinator   for  Alaska's   Multi-Agency  Justice                                                               
Integration  Consortium  (MAJIC),  presented  a  chart  depicting                                                               
MAJIC. She referred to a  chart in members' packets which depicts                                                               
the  20 members  in the  consortium, their  responsibilities, and                                                               
MAJIC's website, which is maintained by UAA's Justice Center.                                                                   
                                                                                                                                
MS. SHARRATT informed the committee  that the purpose of MAJIC is                                                               
to  help  agencies  within  the  criminal  justice  system  share                                                               
information  more  efficiently,  accurately,   and  in  a  timely                                                               
fashion.  MAJIC  meets bi-monthly  to  discuss  how data  can  be                                                               
exchanged. Both the  U.S attorney general and  the state attorney                                                               
general stressed  the need  to connect  the dots  in the  wake of                                                               
911. MAJIC  provides that collaboration and  focuses on standards                                                               
needed to communicate system-to-system.                                                                                         
                                                                                                                                
CHAIR FRENCH asked where MAJIC is in this effort.                                                                               
                                                                                                                                
MS. SHARRATT  replied MAJIC has  made staggering progress  in the                                                               
last few years, but still has a long way to go.                                                                                 
                                                                                                                                
CHAIR FRENCH asked if MAJIC is half way.                                                                                        
                                                                                                                                
MS. SHARRATT  cited examples of  successful progress in  the bail                                                               
project  and  electronic  filing  system. She  commented  on  the                                                               
tremendous number of minor offenses that have been identified.                                                                  
                                                                                                                                
CHAIR FRENCH called minor offenses precursors to major crime.                                                                   
                                                                                                                                
MS. SHARRATT highlighted  HB 386 which was  initially proposed by                                                               
MAJIC. It  streamlined the citation  bill in order  to facilitate                                                               
more  efficient  data  entry  and  communication.  She  spoke  of                                                               
outstanding collaboration facilitated by MAJIC.                                                                                 
                                                                                                                                
9:51:11 AM                                                                                                                    
CHAIR FRENCH thanked Ms. Sharratt  and introduced Quinlan Steiner                                                               
and Richard Allen.                                                                                                              
                                                                                                                                
9:52:04 AM                                                                                                                    
QUINLAN   STEINER,  Director,   Public  Defender   Agency  (PDA),                                                               
Department of Administration,  said PDA is a  primary provider of                                                               
defense  services for  indigent  clients in  the state,  handling                                                               
both   criminal   and    civil   matters,   including   felonies,                                                               
misdemeanors,  juvenile  delinquency cases,  child-in-need-of-aid                                                               
(CINA)  matters,  and  civil commitment.  There  are  13  offices                                                               
statewide  wherever  there is  a  sitting  superior court  judge.                                                               
There  are approximately  100  lawyers and  70  staff around  the                                                               
state. Cases involving a conflict  of interest are handled by the                                                               
Office of Public Advocacy (OPA).                                                                                                
                                                                                                                                
MR. STEINER  addressed trends PDA  is seeing, such as  the nearly                                                               
10  percent   increase  in   felony  filings.   Misdemeanors  are                                                               
relatively flat. Probation revocations  are also increasing by 20                                                               
percent. The  vast majority of what  PDA does is to  review cases                                                               
and communicate with clients about cases.                                                                                       
                                                                                                                                
CHAIR FRENCH asked if the PDA tracks caseloads per attorney.                                                                    
                                                                                                                                
MR.  STEINER answered  yes. Felony  and CINA  cases are  the most                                                               
complex and are weighted differently  than misdemeanors. Over the                                                               
last three years there has been  a steady increase in the average                                                               
caseload per attorney.  With the exception of  last year's fiscal                                                               
note,  an attorney  position has  not been  added since  2009, in                                                               
spite of the steady increase in caseload.                                                                                       
                                                                                                                                
MR.  STEINER  described  the  conflict   cases  as  a  particular                                                               
challenge for PDA.                                                                                                              
                                                                                                                                
CHAIR FRENCH requested more information.                                                                                        
                                                                                                                                
MR. STEINER gave  an example of two co-defendants  charged in the                                                               
same case,  and explained  that the  agency can't  represent both                                                               
clients. However, the bulk of  the conflict problem is related to                                                               
prior representation of  so many clients. A  conflict arises when                                                               
there  is a  new  witness that  PDA  has previously  represented.                                                               
Paralegals are now  doing conflict analysis and  that has helped.                                                               
PDA has  re-addressed how to  handle ethical rules of  conduct in                                                               
regard to  prior files, and  now they  are closed after  they are                                                               
archived  making them  unavailable to  attorneys. The  result has                                                               
been a sharp decrease in conflict.                                                                                              
                                                                                                                                
9:57:51 AM                                                                                                                    
MR. STEINER addressed challenges facing  PDA. As the caseload and                                                               
complexity  of cases  increase, there  is an  enormous amount  of                                                               
pressure  on   staff.  Staffing   shortages  slow  the   flow  of                                                               
paperwork. A  solution is  to get discovery  early and  review it                                                               
early.                                                                                                                          
                                                                                                                                
CHAIR FRENCH asked for information about the trend in discovery.                                                                
                                                                                                                                
MR.  STEINER  replied not  much  has  changed,  but there  is  an                                                               
awareness of  the impact. The  Phoenix Project focused  on delays                                                               
caused  by  meaningless  status hearings  without  discovery.  He                                                               
concluded  that  anything  that promotes  early  review  in  case                                                               
resolution can close cases sooner and more appropriately.                                                                       
                                                                                                                                
10:00:26 AM                                                                                                                   
CHAIR FRENCH  asked Mr. Steiner to  comment on the PDA's  role in                                                               
the statistic that 25 percent of felony filings go away.                                                                        
                                                                                                                                
MR. STEINER replied the question is  how long it takes for a case                                                               
to  be  dismissed. It  is  fine  if  the  case is  arraigned  and                                                               
dismissed quickly due to being  an inappropriate filing, however,                                                               
if it happens  the day before the trial that  means the PDA spent                                                               
a lot of  wasted time on the case. Good,  early screening is key.                                                               
The earlier  plea cases can  be resolved,  the more time  the PDA                                                               
can focus  on trial  cases, which  will benefit  the system  as a                                                               
whole.                                                                                                                          
                                                                                                                                
MR.  STEINER noted  a principle  challenge  of the  system is  to                                                               
reduce crime by  providing rehabilitative services. Comprehensive                                                               
gathering of data to evaluate efficacy is missing.                                                                              
                                                                                                                                
CHAIR FRENCH asked for an example.                                                                                              
                                                                                                                                
MR. STEINER said  he didn't have data to say  whether programs do                                                               
or  don't work,  only anecdotes.  He maintained  that if  someone                                                               
participates in  a program that  doesn't work and they  come back                                                               
into the criminal justice system, it's held against them.                                                                       
                                                                                                                                
10:04:29 AM                                                                                                                   
CHAIR  FRENCH said  he didn't  know if  it was  held against  the                                                               
person or  the program. He  suggested proceeding  cautiously when                                                               
funding rehabilitation programs.                                                                                                
                                                                                                                                
MR.  STEINER said  he  was referring  to  programs that  underlie                                                               
criminal conduct such  as substance abuse, mental  health, or the                                                               
batterer program.  The ability  to resolve  cases goes  down with                                                               
caseload increases.                                                                                                             
                                                                                                                                
CHAIR FRENCH  said he  thought the time  needed to  resolve cases                                                               
and the "wait to trial" had gone down.                                                                                          
                                                                                                                                
MR. STEINER replied he had not looked into that.                                                                                
                                                                                                                                
10:06:35 AM                                                                                                                   
CHAIR FRENCH said he'd like that information.                                                                                   
                                                                                                                                
RICHARD  ALLEN,  Director,  Office   of  Public  Advocacy  (OPA),                                                               
described OPA as  the catch-all agency. Its  cases are two-thirds                                                               
civil and  one-third criminal.  It does  all the  public guardian                                                               
work and  is responsible for about  2,000 wards of the  state. It                                                               
deals with guardian ad litems,  court visitors, CINA cases, elder                                                               
abuse  cases,  as well  as  criminal  defense cases  and  probate                                                               
matters.                                                                                                                        
                                                                                                                                
He  said  that  OPA's  structure  is comprised  of  a  series  of                                                               
separate  law firms,  unlike  the PDA's  structure  which is  top                                                               
down. In OPA,  the administrative section is the hub  of a wheel-                                                               
like  structure of  offices to  allow  handling of  matters in  a                                                               
conflict-free manner.  The various law  firms do not  have access                                                               
to one another's files.                                                                                                         
                                                                                                                                
CHAIR   FRENCH  observed   that  OPA   does  not   impute  client                                                               
information across the boundaries.                                                                                              
                                                                                                                                
MR. ALLEN agreed, and added that  the agency is very careful that                                                               
the  administrative  office  does   not  receive  a  backflow  of                                                               
information.                                                                                                                    
                                                                                                                                
10:09:50 AM                                                                                                                   
CHAIR  FRENCH recognized  that Senator  Gary  Stevens joined  the                                                               
meeting.                                                                                                                        
                                                                                                                                
MR. ALLEN continued with an example of OPA's structure.                                                                         
                                                                                                                                
CHAIR FRENCH summarized that OPA  receives fewer but more serious                                                               
cases.                                                                                                                          
                                                                                                                                
MR. ALLEN agreed. It is  a statewide organization with offices in                                                               
Fairbanks, Anchorage, Bethel,  and Juneau, which does  not have a                                                               
criminal office.  OPA is made  up of  47 attorneys and  77 staff,                                                               
which  includes  public   guardians.  Contracts  for  communities                                                               
without an OPA office are done through the RFP process.                                                                         
                                                                                                                                
He  noted that  OPA  does a  lot  of civil  work  and depends  on                                                               
volunteers.                                                                                                                     
                                                                                                                                
CHAIR FRENCH asked  about the demand for  court appointed special                                                               
advocates (CASA), and if they are volunteers.                                                                                   
                                                                                                                                
MR.  ALLEN said  there  is a  great demand  for  CASA's, and  the                                                               
volunteers save  the state money  and provide an  important role.                                                               
He spoke of recent important partnerships and cited examples.                                                                   
                                                                                                                                
CHAIR FRENCH  compared the CASA  program to having a  big brother                                                               
or sister.                                                                                                                      
                                                                                                                                
MR. ALLEN  agreed; they're  good people who  care about  kids. He                                                               
was  pleased  that the  CASA  program  was expanding  into  rural                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR FRENCH asked when Mr. Allen took over as head of OPA.                                                                     
                                                                                                                                
MR. ALLEN replied it was in April of 2011.                                                                                      
                                                                                                                                
He asked the  committee to support SB 86 on  elder fraud. Most of                                                               
these cases  involve children taking  advantage of  their elderly                                                               
parents.                                                                                                                        
                                                                                                                                
10:18:25 AM                                                                                                                   
CHAIR  FRENCH observed  that  SB  86 was  in  the Senate  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
10:19:17 AM                                                                                                                   
WALT MONEGAN,  President and CEO,  Alaska Native  Justice Center,                                                               
said he's  been on  the job  for about  a year  and has  about 35                                                               
years' experience  in law  enforcement. He  opined that  there is                                                               
not one particular issue that  drives crime, nor one solution. He                                                               
shared his  philosophy on  crime. He  recalled tribal  history in                                                               
Alaska as it relates to crime.                                                                                                  
                                                                                                                                
10:24:06 AM                                                                                                                   
SENATOR DYSON joined the committee.                                                                                             
                                                                                                                                
MR. MONEGAN said that although  Alaska Natives make up 18 percent                                                               
of Alaska's population,  they represent 36 percent  of the prison                                                               
population.  He  asked  the  committee  to  consider  helping  to                                                               
implement  tribal courts.  The idea  is to  get the  people in  a                                                               
community involved with law enforcement.                                                                                        
                                                                                                                                
CHAIR  FRENCH  mentioned  the  problems  highlighted  in  Western                                                               
Alaska. He suggested the name  might be changed to village courts                                                               
or  community courts.  He  agreed  with the  idea  of having  the                                                               
people police themselves.                                                                                                       
                                                                                                                                
10:28:22 AM                                                                                                                   
MR.  MONEGAN  recalled Anchorage  community  courts  of yore  and                                                               
suggested  that  the  same  idea   could  work  in  villages.  He                                                               
suggested a  partnership between  the state and  the tribes  as a                                                               
two-year  pilot, after  which it  would be  evaluated by  the UAA                                                               
Justice Center. It could be funded  from $45,000 from each of the                                                               
departments of  law, corrections, health and  social services and                                                               
the  court.  He  suggested  that the  proposal  would  eventually                                                               
reduce the state's budget.                                                                                                      
                                                                                                                                
10:31:16 AM                                                                                                                   
MR.  MONEGAN explained  that Phase  1  would be  to select  three                                                               
functioning  community courts,  update technology  equipment, and                                                               
retrain judges.                                                                                                                 
                                                                                                                                
In Phase 2 funds would provide  stipends for judges and the court                                                               
clerk on  a case-by-case basis.  After two years the  study would                                                               
be evaluated.                                                                                                                   
                                                                                                                                
CHAIR FRENCH  said it  was a  fascinating concept,  however, past                                                               
discussions have shown  that the state is reluctant to  pay for a                                                               
court in every small community.                                                                                                 
                                                                                                                                
10:35:16 AM                                                                                                                   
MR. MONEGAN  suggested that many  laws are written with  an urban                                                               
perspective and this causes  difficulty in non-urban communities.                                                               
He highlighted the re-entry program for prisoners as an example.                                                                
                                                                                                                                
SENATOR  PASKVAN   commented  that   the  youth  court   is  very                                                               
successful and he  liked the suggestion to build  on that concept                                                               
for communities.                                                                                                                
                                                                                                                                
MR.  MONEGAN  pointed  out  that   what  makes  youth  court  and                                                               
therapeutic courts  successful is  that they  address individuals                                                               
as people, rather than as a number.                                                                                             
                                                                                                                                
CHAIR FRENCH introduced Jake Metcalfe.                                                                                          
                                                                                                                                
10:40:57 AM                                                                                                                   
JAKE  METCALFE,   Executive  Director,  Public   Safety  Employee                                                               
Association, Anchorage,  AK, said he would  discuss the Champions                                                               
of Public Safety  (COPS), a nonprofit foundation.  The belief was                                                               
that  the  members  could increase  public  relations  of  public                                                               
safety members. Membership  is made up of  Alaska State Troopers,                                                               
airport police, firefighters, court  service officers, the deputy                                                               
fire  marshal,  and  municipal  police  agencies  throughout  the                                                               
state.  COPS  has  a  vested interest  in  public  safety,  crime                                                               
prevention,  crime  reduction, and  improving  the  image of  law                                                               
enforcement officers.                                                                                                           
                                                                                                                                
He also described People are  Worth Saving (PAWS,) a project that                                                               
is  directed at  reducing suicide,  substance abuse,  and violent                                                               
crime  in  rural Alaska  and  the  Alaska Native  population.  It                                                               
involves  off-duty Alaska  Native  law  enforcement officers  and                                                               
providing   proactive   versus  reactive   education,   training,                                                               
mentorship, and  leadership. The basis  for PAWS is  the delivery                                                               
of  the  program  through traditional  dog  mushing  expeditions.                                                               
Trooper  Shanigan  brought  the   idea  forward  as  a  mentoring                                                               
program.                                                                                                                        
                                                                                                                                
CHAIR FRENCH asked where Trooper Shanigan was based.                                                                            
                                                                                                                                
MR.  METCALF  said  he  is  a Native  Alaskan  trooper  based  in                                                               
Talkeetna.                                                                                                                      
                                                                                                                                
MR. METCALF  listed the challenges  of PAWS:  geography, weather,                                                               
distance,  manpower,  resources,  communication,  transportation,                                                               
and underreporting.  PSEA is  working with PAWS  to meet  some of                                                               
the challenges.                                                                                                                 
                                                                                                                                
He  listed the  benefits of  PAWS: proactive,  prevention-focused                                                               
approach  to  issues,  unique  rapport  building  develops  trust                                                               
relationships,   provides   tools,  strategies,   training,   and                                                               
education to solve  crime issues, and shared values.  He spoke of                                                               
the program as a partnership between PAWS and PSEA.                                                                             
                                                                                                                                
10:48:47 AM                                                                                                                   
CHAIR FRENCH  asked how  many officers  PSEA represents  and what                                                               
percentage of all officers in the state that was.                                                                               
                                                                                                                                
MR. METCALFE said  PSEA represents between 700  and 800 officers,                                                               
and surmised that the percentage was a majority.                                                                                
                                                                                                                                
CHAIR FRENCH asked for information on trends he was seeing.                                                                     
                                                                                                                                
MR. METCALFE replied  a lot of crimes are still  drug and alcohol                                                               
related. Issues  such as sexual  abuse, sexual  assault, domestic                                                               
violence  are   prevalent  in  rural  Alaska.   He  mentioned  an                                                               
agreement with  the Department of  Public Safety (DPS) to  have a                                                               
two-weeks-on and  two-weeks-off presence in Emmonak  and Selawik.                                                               
Anecdotally, it's having an impact.                                                                                             
                                                                                                                                
CHAIR FRENCH  said he thought such  a schedule was a  good way to                                                               
build relationships with the communities.                                                                                       
                                                                                                                                
MR. METCALFE agreed that it is a positive trend.                                                                                
                                                                                                                                
10:52:40 AM                                                                                                                   
TERRENCE SHANIGAN, Trooper, Alaska  State Troopers, Department of                                                               
Public Safety,  shared his background and  personal experience of                                                               
having  been raised  in a  community  with a  history of  violent                                                               
crime. He reflected on why he  and another fellow trooper did not                                                               
fall into that  trap. They recalled that PSEA  talked about being                                                               
proactive rather  than reactive,  a common weakness  of troopers.                                                               
They met with other rural troopers  to discuss this issue and the                                                               
result was  PAWS. They  used their  training and  experience from                                                               
Mt.  Edgecombe  and  personal experience  to  build  the  mushing                                                               
expedition program. The first step  was to build rapport and then                                                               
to provide education, training, and resources.                                                                                  
                                                                                                                                
Last year was  the first long expedition from Nenana  to Nome and                                                               
included  many   villages  in   between.  Many   communities  are                                                               
requesting  a route  from  Nenana to  Galena.  Until PSEA  became                                                               
involved, the program was personally funded.                                                                                    
                                                                                                                                
He said  he has been trying  to track the impact  PAWs is having.                                                               
He is also training community  members to continue the program in                                                               
the individual communities.                                                                                                     
                                                                                                                                
10:57:50 AM                                                                                                                   
SENATOR  WIELECHOWSKI  plugged  "Alaska State  Troopers"  on  the                                                               
National  Geographic Channel  as a  way to  learn more  about the                                                               
program.                                                                                                                        
                                                                                                                                
CHAIR FRENCH expressed appreciation for the program.                                                                            
                                                                                                                                
10:58:29 AM                                                                                                                   
CHAIR FRENCH called an at-ease.                                                                                                 
                                                                                                                                
11:24:28 AM                                                                                                                   
CHAIR FRENCH  reconvened the meeting. He  introduced Commissioner                                                               
Schmidt, Ms. Gutierrez, and Mr. Edwards.                                                                                        
                                                                                                                                
11:25:32 AM                                                                                                                   
JOE  SCHMIDT,  Commissioner,  Department  of  Corrections  (DOC),                                                               
Anchorage, AK,  said the department's  mission is to  enhance the                                                               
safety   of  communities.   DOC   provides  secure   confinement,                                                               
reformative  programs,  and  a process  of  supervised  community                                                               
reintegration. He  explained DOC's  role in  providing dependable                                                               
electronic technology. He said he  wanted to discuss what happens                                                               
when the prisoner reenters the community.                                                                                       
                                                                                                                                
He  shared  statistics   about  the  number  of   DOC  staff  and                                                               
prisoners.  There  are  1509  staff,  about  6,000  offenders  in                                                               
various levels of confinement, and  about 6,000 on probation. One                                                               
out of  36 Alaskan adults  is under DOC's jurisdiction.  In 2010,                                                               
DOC booked 38,000 offenders into its facilities.                                                                                
                                                                                                                                
He  reviewed   DOC's  goals:  protecting  the   public,  reducing                                                               
recidivism,  delaying the  need  for new  prisons, ensuring  that                                                               
offenders  spend  their  time  in  custody  productively  working                                                               
toward  reentry from  day one,  and working  collaboratively with                                                               
outside  stakeholders. He  noted  that  Anchorage's Police  Chief                                                               
Mark Mew had been particularly helpful.                                                                                         
                                                                                                                                
11:33:14 AM                                                                                                                   
COMMISSIONER  SCHMIDT  addressed  recidivism. A  2007  recidivism                                                               
study  showed that  two out  of three  offenders would  return to                                                               
jail.                                                                                                                           
                                                                                                                                
CHAIR FRENCH added  that it was two out of  three offenders would                                                               
return to jail within three years.                                                                                              
                                                                                                                                
COMMISSIONER SCHMIDT  agreed. He discussed the  development of an                                                               
evidence-based model.                                                                                                           
                                                                                                                                
CHAIR FRENCH  noted that GED  is an example of  an evidence-based                                                               
model.                                                                                                                          
                                                                                                                                
COMMISSIONER  SCHMIDT reported  that  the Crime  Summit was  very                                                               
helpful.                                                                                                                        
                                                                                                                                
He discussed  the prisoner population  and the  offender profile.                                                               
The number of offenders in jail  for 6 months or less has dropped                                                               
since 2002.  The number of  those who are  in jail for  more than                                                               
three years  has grown. The  nonviolent population is  larger and                                                               
is serving longer sentences.                                                                                                    
                                                                                                                                
11:37:28 AM                                                                                                                   
CHAIR FRENCH said the most analytic  work that can be done in the                                                               
next  year or  so is  to look  at the  nonviolent population  and                                                               
determine  whether it  is smart  to keep  them in  jail for  long                                                               
periods of time.  He surmised that there was  potential for large                                                               
savings.                                                                                                                        
                                                                                                                                
COMMISSIONER  SCHMIDT  agreed  that  the silver  lining  is  that                                                               
something else can be done for nonviolent prisoners.                                                                            
                                                                                                                                
He displayed a graph of inmate population from 2002-2020.                                                                       
                                                                                                                                
CHAIR FRENCH  asked if there was  a buffer facility to  deal with                                                               
overcrowding.                                                                                                                   
                                                                                                                                
COMMISSIONER  SCHMIDT related  that  out-of-state facilities  are                                                               
the buffer  for overflow,  but soon  it will  be Goose  Creek. If                                                               
something is  done to  address recidivism  the inmate  curve will                                                               
stop trending up by the end of 2011.                                                                                            
                                                                                                                                
He explained  that last year  DOR revamped how medical  costs are                                                               
addressed. DOC  developed a process for  early identification and                                                               
regular  review of  high  cost inmates  to  determine more  cost-                                                               
effective placements.  This is the  first year DOC is  not asking                                                               
for  a supplement.  Next year  the  plan is  to address  Medicaid                                                               
issues.                                                                                                                         
                                                                                                                                
11:42:59 AM                                                                                                                   
SAM EDWARDS,  Deputy Commissioner  for Operations,  Department of                                                               
Corrections,  displayed a  graph of  the offender  population for                                                               
1990-2011.  Current capacity  of  the 12  in-state facilities  is                                                               
3,840, and  when Goose  Creek opens, another  1,556 beds  will be                                                               
added. If half-way  houses are included, the  total capacity will                                                               
be  6,185  in  2012.  Bringing  prisoners  back  to  Alaska  will                                                               
increase that amount by 3 percent.  He stressed the need to get a                                                               
handle on  recidivism or the  institutions will be  over capacity                                                               
by 2015.                                                                                                                        
                                                                                                                                
CHAIR FRENCH asked  when Goose Creek will  house the out-of-state                                                               
prisoners.                                                                                                                      
                                                                                                                                
MR.  EDWARDS replied  out-of-state prisoners  from Colorado  will                                                               
return the last quarter of FY13 and the first quarter of FY14.                                                                  
                                                                                                                                
CHAIR FRENCH asked for the calendar year.                                                                                       
                                                                                                                                
MR.  EDWARDS  said DOC  projects  that  all prisoners  will  have                                                               
returned to Alaska by August 2013.                                                                                              
                                                                                                                                
MR. EDWARDS  discussed halfway house  growth from  2006-2011. The                                                               
population  has increase  by  about 200  people  since 2007.  The                                                               
average number  in custody  in 2011 was  742. Halfway  houses are                                                               
usually about  95 percent full.  He stressed that  the population                                                               
is   not  comprised   of  risky   persons,  but   rather  persons                                                               
appropriate for the re-entry philosophy.                                                                                        
                                                                                                                                
CHAIR  FRENCH said  he  would  ask about  the  management of  the                                                               
community residential centers in another hearing.                                                                               
                                                                                                                                
MR.  EDWARDS discussed  electronic monitoring  counts from  2006-                                                               
2011. The  current average  is about  350 on  a daily  basis. The                                                               
program  is  cost saving  because  those  offenders would  be  in                                                               
prison or in a halfway house if not on electronic monitoring.                                                                   
                                                                                                                                
CHAIR   FRENCH   requested   further  information   about   DOC'S                                                               
electronic monitoring system.                                                                                                   
                                                                                                                                
11:48:11 AM                                                                                                                   
MR.  EDWARDS said  DOC's program  is run  by probation  officers.                                                               
Hard  line  phone  coverage  is  becoming  outdated  and  is  not                                                               
reasonable any longer. Supervision  and screening is probably the                                                               
only significant difference between types of programs used.                                                                     
                                                                                                                                
CHAIR FRENCH asked if the system provides real-time monitoring.                                                                 
                                                                                                                                
MR. EDWARDS  explained that the  system is capable  of collecting                                                               
that data, however,  DOC does not do so. The  current program can                                                               
be expanded as needed to serve a larger population.                                                                             
                                                                                                                                
He shared information  about the cost savings of  the program. An                                                               
institutional  bed costs  $134.90  per day,  $80  for a  half-way                                                               
house  bed  and $22  for  electronic  monitoring. Annually,  that                                                               
comes to about $17 million in  jail costs, $10 million in halfway                                                               
house  costs,  and only  $3  million  for electronic  monitoring.                                                               
Electronic  monitoring is  considerably more  cost effective  for                                                               
the right person.                                                                                                               
                                                                                                                                
11:51:04 AM                                                                                                                   
MR. EDWARDS discussed DOC recruitment.  The department is staffed                                                               
at about  97 percent or  better for correctional  officers, which                                                               
is significant.  The success rate  is partly due  to partnerships                                                               
with the  Alaska Police Standards  Council and the  Department of                                                               
Administration  when doing  background  checks.  There is  active                                                               
recruitment at multiple locations.                                                                                              
                                                                                                                                
11:52:06 AM                                                                                                                   
SENATOR WIELECHOWSKI said he has  heard concerns about unilateral                                                               
shift  changes  imposed  on  correctional  officers,  which  have                                                               
resulted in an unfair labor practice complaint.                                                                                 
                                                                                                                                
MR. EDWARDS explained that a  review of staffing shifts indicated                                                               
that some  officers were working  12 hour shifts versus  8 hours.                                                               
Today, about 90 percent of  the correctional officers are working                                                               
12-hour shifts  today and 10  percent are working  8-hour shifts.                                                               
When a  proposed change is  implemented, it  will be more  like a                                                               
75/25 split. The reason for  the proposed change is efficiency in                                                               
dealing with the facility.                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  said the  issue has  come to  his attention                                                               
and  it's  clear   it's  an  unfair  labor   practice  since  DOC                                                               
negotiates wages and  hours. He said he hopes  a resolution could                                                               
be found during contract negotiations.                                                                                          
                                                                                                                                
MR.  EDWARDS  assured  him  that   DOC's  interpretation  of  the                                                               
proposed schedule was in compliance with the current contract.                                                                  
                                                                                                                                
COMMISSIONER SCHMIDT pointed out that  the contract defines an 8-                                                               
hour shift. He stated that DOC  will comply with the unfair labor                                                               
process.                                                                                                                        
                                                                                                                                
MR. EDWARDS mentioned the focus of  the DOC Academy. New areas of                                                               
interest include how  to handle gangs and  security threat groups                                                               
and   non-lethal  methods   of  dealing   with  disturbances   in                                                               
institutions.                                                                                                                   
                                                                                                                                
MR.  EDWARDS  concluded  with   comments  on  the  classification                                                               
policy, an integral part of  the academy. It deals with assessing                                                               
needs  and risks  of  a prisoner  and  providing correct  program                                                               
placement.                                                                                                                      
                                                                                                                                
CHAIR FRENCH related  that he solicited input from  the public on                                                               
their views  about causes and  solutions of crime in  Alaska. One                                                               
person highlighted  Fetal Alcohol  Spectrum Disorder (FASD)  as a                                                               
cause. He suggested that issue be kept in mind.                                                                                 
                                                                                                                                
11:58:12 AM                                                                                                                   
CARMEN    GUTIERREZ,    Deputy    Commissioner    for    Prisoner                                                               
Rehabilitation   and   Reentry,    Department   of   Corrections,                                                               
Anchorage, AK,  emphasized that it will  involve all stakeholders                                                               
to solve  the problems  of the offender  population and  crime in                                                               
Alaska.  There  is   a  need  to  do  things   smarter  and  more                                                               
effectively.                                                                                                                    
                                                                                                                                
She compared offender classes of  the prisoner population in 2002                                                               
versus  2011  for   drug  and  alcohol  offences.   In  2002  the                                                               
percentage  of   offenders  incarcerated  for  drug   or  alcohol                                                               
offenses  was  15.39 percent;  in  2011,  that number  was  19.08                                                               
percent, a  20 percent  increase. Many of  these were  for simple                                                               
possession  of   various  drugs.  The  substance   abuse  problem                                                               
continues to grow  and won't change without  a commitment between                                                               
various agencies to address the problem.                                                                                        
                                                                                                                                
12:01:21 PM                                                                                                                   
SENATOR ELLIS joined the committee.                                                                                             
                                                                                                                                
MS. GUTIERREZ said  in 2007 DOC made a commitment  to address the                                                               
substance abuse problem. The strategy  was to identify and employ                                                               
evidence-based substance abuse programs. There are now short-                                                                   
term substance abuse programs in 8  out of 12 institutions, and a                                                               
long-term, intensive  care treatment program in  2 facilities, as                                                               
well as aftercare in communities.                                                                                               
                                                                                                                                
CHAIR FRENCH asked which program was best.                                                                                      
                                                                                                                                
MS. GUTIERREZ said  there are two highly  effective projects. The                                                               
first is a long-term  residential community environment treatment                                                               
program. It  is a six-month-minimum program.  The second project,                                                               
which  needs to  be  expanded, is  community aftercare  programs.                                                               
Those  should  be  run  by  DOC  in  order  to  maintain  quality                                                               
assurance.                                                                                                                      
                                                                                                                                
12:05:20 PM                                                                                                                   
MS.  GUTIERREZ addressed  outcomes of  substance abuse  treatment                                                               
programs.  FY10  performance measures  show  that  58 percent  of                                                               
individuals  that  did  not  participate  in  treatment  programs                                                               
returned  to incarceration.  Of  those  who completed  treatment,                                                               
just  over 36  percent returned  to incarceration,  a substantial                                                               
difference.                                                                                                                     
                                                                                                                                
MS.  GUTIERREZ related  that performance  measures were  revamped                                                               
this year. The target is  to reduce recidivism and the strategies                                                               
are the programs.                                                                                                               
                                                                                                                                
Performance   measures   for   FY11   show   similar   recidivism                                                               
statistics.  The national  standard  for  tracking recidivism  is                                                               
three years and the FY11 data  shows only one year's results. The                                                               
department  is  working  to establish  a  common  definition  for                                                               
recidivism which matches the national tracking rate.                                                                            
                                                                                                                                
MS.   GUTIERREZ  updated   the  committee   on  the   Probationer                                                               
Accountability with Certain Enforcement  (PACE) program. It began                                                               
in  2010 in  Anchorage Superior  Court with  70 high-risk  felony                                                               
probationers. The  Judicial Council  did a  study and  found that                                                               
two-thirds of probationers,  while on PACE, had  no positive drug                                                               
tests compared to one-fifth having  no positive drug tests before                                                               
PACE.                                                                                                                           
                                                                                                                                
CHAIR FRENCH described it as a "short leash program".                                                                           
                                                                                                                                
MS. GUTIERREZ agreed that an  immediate sanction is a key aspect.                                                               
She said  there was also a  pilot project in Fairbanks  and would                                                               
be a future program in Palmer.                                                                                                  
                                                                                                                                
12:10:28 PM                                                                                                                   
MS.  GUTIEREZ turned  to the  sex  offender management  treatment                                                               
program.  Polygraph  testing  is   now  available  in  all  field                                                               
probation offices.  The number of  polygraph exams  has increased                                                               
dramatically in the last years and  DOC has been able to increase                                                               
community-based providers by 15 percent.                                                                                        
                                                                                                                                
There  has also  been an  increase in  the delivery  of education                                                               
programs for offenders.  More are getting GEDs,  and enrolling in                                                               
the  criminal  attitudes  and parenting  programs.  In  order  to                                                               
change criminal  behavior, a cognitive behavior  approach must be                                                               
used.                                                                                                                           
                                                                                                                                
The Alaska Prisoner Re-Entry Task  Force, a community task force,                                                               
has  had many  accomplishments to  date. Ms.  Gutierez introduced                                                               
the new project coordinator.                                                                                                    
                                                                                                                                
MS. GUTIERREZ  commented on  challenges which  include continuing                                                               
collaboration  on data  collection. There  is a  need for  a more                                                               
systematic method to collect and organize criminal justice date.                                                                
                                                                                                                                
CHAIR FRENCH asked where to look for a model.                                                                                   
                                                                                                                                
MS. GUTIERREZ said she'd follow up with that information.                                                                       
                                                                                                                                
12:14:27 PM                                                                                                                   
CHAIR FRENCH recessed the meeting.                                                                                              
                                                                                                                                
12:14:51 PM                                                                                                                   
CHAIR FRENCH reconvened the meeting and introduced Mr. Rosay.                                                                   
                                                                                                                                
12:23:10 PM                                                                                                                   
ANDRÉ B.  ROSAY, Ph.D., Director, UAA  Justice Center, Anchorage,                                                               
AK,  presented  an overview  of  the  Justice Center,  which  was                                                               
established  by the  Legislature in  1975  and has  a mandate  to                                                               
provide  statewide   justice-related  education,   research,  and                                                               
service.                                                                                                                        
                                                                                                                                
The  UAA  Justice  Center  is  an  inter-disciplinary  unit  that                                                               
provides undergraduate, graduate,  and professional education and                                                               
conducts research  in the  areas of crime,  law, and  justice. It                                                               
also  provides  service  to  government  agencies  and  community                                                               
organizations.                                                                                                                  
                                                                                                                                
Four  academic  programs are  offered  in  paralegal studies  and                                                               
justice as  well as  housing pre-law  advising. For  every dollar                                                               
the  state  invested  in  instruction,  the  UAA  Justice  Center                                                               
generated $1.56 in tuition revenue.                                                                                             
                                                                                                                                
UAA  Justice Center  research is  facilitated by  the statistical                                                               
analysis  center,  the  crime  mapping  center,  and  the  survey                                                               
research center. He shared achievements  of the research centers.                                                               
For every dollar the state  invested in research, the UAA Justice                                                               
Center spent $2.21 in external funding.                                                                                         
                                                                                                                                
MR. ROSAY mentioned recent articles in the Alaska Justice Forum.                                                                
                                                                                                                                
CHAIR FRENCH said he's a fan of the publication.                                                                                
                                                                                                                                
12:29:10 PM                                                                                                                   
MR. ROSAY shared  key results of the  Alaska Victimization Survey                                                               
from Bristol  Bay, Anchorage, Fairbanks,  and Juneau.  The survey                                                               
began  in FY10  and  was  designed to  establish  a baseline  for                                                               
estimates  of intimate  partner violence  and sexual  violence in                                                               
Alaska. It was designed to  determine if victimization rates were                                                               
increasing or if the reporting of victimizations had increased.                                                                 
                                                                                                                                
The survey  was modeled after  the National Intimate  Partner and                                                               
Sexual  Violence  Surveillant System.  The  primary  goal was  to                                                               
maximize the safety and the confidentiality of the respondents.                                                                 
                                                                                                                                
The  respondents were  randomly  selected adult  females and  the                                                               
surveys  were conducted  by phone.  The respondents  had to  have                                                               
access to a phone.                                                                                                              
                                                                                                                                
MR. ROSAY  said he believes  that victimization rates  are higher                                                               
among women  that were excluded  from the survey because  they do                                                               
not  have access  to a  phone. All  estimates in  the survey  are                                                               
conservative and may vary across samples.                                                                                       
                                                                                                                                
MR. ROSAY  reported that in  2011, 374  women in the  Bristol Bay                                                               
region were  surveyed, 615  in Fairbanks,  710 in  Anchorage, and                                                               
601  in  Juneau.  He  referred to  handouts  that  summarize  the                                                               
surveys.                                                                                                                        
                                                                                                                                
SENATOR  PASKVAN asked  what percentage  of the  population might                                                               
not have access to a phone.                                                                                                     
                                                                                                                                
MR.  ROSAY said  some  that  were missed  include  women who  are                                                               
incarcerated,  in shelters,  in hospitals,  and the  homeless. He                                                               
assumed  that  the  victim  rates of  those  excluded  were  much                                                               
higher.                                                                                                                         
                                                                                                                                
12:33:13 PM                                                                                                                   
He said the presentation focuses  on sexual violence, in general.                                                               
He   emphasized  that   surveyors  asked   behaviorally  specific                                                               
questions so  the respondents didn't have  to identify themselves                                                               
as a victim and didn't need  to use legal terms. This method also                                                               
attributes  all  of  the  blame  to  the  perpetrators,  not  the                                                               
responders.                                                                                                                     
                                                                                                                                
He  listed   the  results  of   intimate  partner   violence.  In                                                               
Anchorage,  42.2  percent  of   those  surveyed  had  experienced                                                               
intimate  partner  violence  and   8.2  percent  had  experienced                                                               
intimate partner violence in the last year.                                                                                     
                                                                                                                                
In  Fairbanks,  49.5  percent had  experienced  intimate  partner                                                               
violence  and  10.8  percent  had  experienced  intimate  partner                                                               
violence in past year.                                                                                                          
                                                                                                                                
In  Juneau,   47.1  percent  had  experienced   intimate  partner                                                               
violence  and  12.1  percent  had  experienced  intimate  partner                                                               
violence in the past year.                                                                                                      
                                                                                                                                
In the Bristol Bay region,  44.2 percent had experienced intimate                                                               
partner  violence  and  12.3  percent  had  experienced  intimate                                                               
partner violence in the past year.                                                                                              
                                                                                                                                
CHAIR FRENCH  stated that it is  hard to imagine that  50 percent                                                               
of women  in Alaska have  experienced intimate  partner violence.                                                               
He said it defies description.                                                                                                  
                                                                                                                                
MR.   ROSAY  reiterated   that  the   results  are   conservative                                                               
estimates. The conclusion is that  intimate partner violence is a                                                               
serious problem throughout the state.                                                                                           
                                                                                                                                
The numbers  of women  impacted, rather  than a  percentage, make                                                               
the  results more  personal. For  example, in  Anchorage, with  a                                                               
population  of  106,706  adult women,  45,030  adult  women  have                                                               
experienced  intimate partner  violence  at some  point in  their                                                               
lifetime.  In  the  past  year,   almost  9,000  adult  women  in                                                               
Anchorage  have  experienced  intimate partner  violence.  A  gap                                                               
exists  between  the  number  of  women  reporting  violence  and                                                               
utilizing services.                                                                                                             
                                                                                                                                
CHAIR  FRENCH  inquired about  the  percentage  of women  who  do                                                               
report.                                                                                                                         
                                                                                                                                
MR. ROSAY  said he  was not  ready to  provide that  estimate. He                                                               
could safely say that it is less than 20 percent.                                                                               
                                                                                                                                
12:39:04 PM                                                                                                                   
MR.  ROSAY reported  on the  survey's  findings regarding  sexual                                                               
violence.  In  Anchorage,  29.6   percent  of  adult  women  have                                                               
experienced  sexual violence  at  some point  in their  lifetime.                                                               
That is almost  one out of every three. In  addition, 1.4 percent                                                               
of  adult women  have  experienced sexual  violence  in the  past                                                               
year.                                                                                                                           
                                                                                                                                
In  Fairbanks,  31.4  percent of  adult  women  have  experienced                                                               
sexual violence at  some point in their lifetime  and 2.7 percent                                                               
of adult women  have experienced sexual violence  during the past                                                               
year. Results in Juneau and Bristol Bay were similar.                                                                           
The numbers clearly  show that the numbers  are unacceptably high                                                               
in Alaska.                                                                                                                      
                                                                                                                                
He  highlighted limitations  of the  survey. The  survey measures                                                               
the number  of victims, not  the number of  victimizations, which                                                               
would be much  higher. The survey also did not  measure all forms                                                               
of intimate  partner violence or  sexual violence.  Estimates are                                                               
conservative due to  the survey limitations, but also  due to the                                                               
social stigma of reporting sexual violence.                                                                                     
                                                                                                                                
12:41:55 PM                                                                                                                   
LAUREE MORTON,  Executive Director, Council on  Domestic Violence                                                               
&  Sexual  Assault,  Department of  Public  Safety,  thanked  the                                                               
respondents  who  took  the  time to  complete  the  survey.  She                                                               
explained  that the  survey established  a baseline  in order  to                                                               
better  understand  sexual  violence and  develop  strategies  of                                                               
prevention. The intent is to  continue regional surveys in Sitka,                                                               
Kodiak, and  Bethel in 2012.  She mentioned the  governor's rural                                                               
pilot project and the need for baseline information.                                                                            
                                                                                                                                
12:44:45 PM                                                                                                                   
CHAIR FRENCH asked how often the surveys should be done.                                                                        
                                                                                                                                
MS. MORTON replied the intent is to go back every five years.                                                                   
                                                                                                                                
SENATOR COGHILL  said he  expects the  same methodology  would be                                                               
used in order to maintain the integrity of the survey.                                                                          
                                                                                                                                
MR. ROSAY answered yes.                                                                                                         
                                                                                                                                
SENATOR  COGHILL predicted  that  additional  questions would  be                                                               
considered in future surveys.                                                                                                   
                                                                                                                                
SENATOR PASKVAN asked  if respondents are asked  how the violence                                                               
might be stopped.                                                                                                               
                                                                                                                                
MR. ROSAY replied  some of the questions ask if  the violence was                                                               
reported and  how it went, and  if it was not  reported, what the                                                               
barriers to reporting were.                                                                                                     
                                                                                                                                
SENATOR  PASKVAN  said  he  believes that  would  be  a  valuable                                                               
question in order to find solutions on how to stop violence.                                                                    
                                                                                                                                
SENATOR  COGHILL expressed  interest in  the male  perspective of                                                               
violence. He  brought up the  issue of child pornography  and the                                                               
detrimental effect it has. He  stressed that males have issues to                                                               
deal with and often are victims, too.                                                                                           
                                                                                                                                
MS. MORTON  said that  separate from the  survey, the  council is                                                               
working on a  prevention curriculum called "The  Fourth R", which                                                               
is about healthy relationships. It  will help young men and women                                                               
in high school  examine their interactions and will  give them an                                                               
opportunity to talk about violent situations.                                                                                   
                                                                                                                                
SENATOR COGHILL cautioned to be  aware how young boys think about                                                               
relationship  issues.  Victimization  happens to  both  boys  and                                                               
girls.                                                                                                                          
                                                                                                                                
12:51:05 PM                                                                                                                   
MR.  ROSAY  reported  that the  2012  Alaska  Dashboard  includes                                                               
population   indicators  for   childhood  exposure   to  domestic                                                               
violence, child  and youth victimization, reports  of harm (child                                                               
and  youth),  adult  and elder  victimization,  reports  of  harm                                                               
(adults and  elders), primary prevention and  protective factors,                                                               
reports  to   law  enforcement,  utilization  of   services,  and                                                               
offender  accountability. These  are  population indicators  that                                                               
provide  a   general  overview,  not  performance   measures  for                                                               
individual departments.  The goal  is to see  an increase  in the                                                               
reports of harm and a decrease in victimization rates.                                                                          
                                                                                                                                
SENATOR COGHILL asked  how to distinguish between  trust and fear                                                               
of  authority,  family  or  government,  when  looking  at  these                                                               
questions.                                                                                                                      
                                                                                                                                
MR. ROSAY replied he didn't have an answer.                                                                                     
                                                                                                                                
MR. ROSAY related  that the Dashboard was created  by the Council                                                               
on Domestic Violence and Sexual  Assault (CDVSA) data group which                                                               
was convened by  the governor's Choose Respect  Initiative to end                                                               
the epidemic of  domestic violence and sexual  assault in Alaska.                                                               
The CDVSA  work group  includes approximately  15 representatives                                                               
from  the university,  state  agencies,  non-profits, and  tribal                                                               
partners.  The   CDVSA  work  group  identified   key  population                                                               
indicators  that  could  be  replicated over  time,  as  well  as                                                               
accurate data sources. Some comparisons to U.S. data were made.                                                                 
                                                                                                                                
12:56:27 PM                                                                                                                   
SENATOR COGHILL asked  if there is room in the  indicators to say                                                               
the programs morphed into better programs.                                                                                      
                                                                                                                                
MR. ROSAY said  it could not be done on  the Dashboard, but could                                                               
be included elsewhere.                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if previous  data is  from different                                                               
years.                                                                                                                          
                                                                                                                                
MR. ROSAY answered that it sometimes  it is. He referred to pages                                                               
3-7  of  the document  for  extensive  definitions of  each  data                                                               
point.                                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked if previous  Alaska data was from 2006                                                               
and current Alaska data was from 2009.                                                                                          
                                                                                                                                
MR. ROSAY said it was and  thanked the governor's office for help                                                               
with  the  document.  The  CDVSA   finalized  the  document  this                                                               
morning. Many of  the changes may be random  variations. Years of                                                               
future data will show the trends more clearly.                                                                                  
                                                                                                                                
12:59:51 PM                                                                                                                   
MS.  MORTON said  they  looked  at results-based  accountability,                                                               
such as  population measures,  performance measures,  and outcome                                                               
measures. The  current document contains population  measures. It                                                               
is the first  in a series of ways to  attempt to measure reducing                                                               
domestic violence and sexual assault.                                                                                           
                                                                                                                                
She  pointed out  that this  information has  been gathering  for                                                               
years, but this is the first  time that it has all been collected                                                               
in one  place. She  cautioned that when  looking at  the progress                                                               
column,  to   keep  the  definitions   in  mind.  There   are  no                                                               
satisfactory  numbers,  only  satisfactory  changes  between  the                                                               
data. Progress will take time.                                                                                                  
                                                                                                                                
1:03:46 PM                                                                                                                    
CHAIR    FRENCH   the    final   category    regarding   offender                                                               
accountability reinforces  the belief  that there  is a  need for                                                               
additional focus on arresting more offenders.                                                                                   
                                                                                                                                
MS.  MORTON  continued  to  explain  that  the  gage  of  whether                                                               
progress has been made is plus or  minus 5. She said she wants to                                                               
see  more  improvement  in  utilization   of  services  and  more                                                               
interaction in the early part  of the program. She concluded that                                                               
there is  hope in that  people and communities are  talking about                                                               
the  issue. She  predicted  that someday  there  wouldn't be  the                                                               
stigma of reporting violence and sexual assault.                                                                                
                                                                                                                                
1:06:58 PM                                                                                                                    
MR.  ROSAY  explained that  the  UAA  Justice Center's  strategic                                                               
priorities  are  to  continue  to lead  Alaska  toward  a  safer,                                                               
healthier,  and more  just society.  There are  seven preliminary                                                               
strategic directions: expand  degree programs, facilitate student                                                               
engagement and  success, continue to increase  research capacity,                                                               
develop  a  justice  information  center,  expand  the  scope  of                                                               
research by  identifying new opportunities,  disseminate research                                                               
results  more   broadly,  and  improve   the  focus   of  service                                                               
activities.                                                                                                                     
                                                                                                                                
MR.  ROSAY addressed  a  continuing need  to  expand five  degree                                                               
programs.  He  said  there  was no  anticipated  cost  for  these                                                               
programs. The programs  will build a pipeline  for rural students                                                               
and  for first  generation  college students  to  pursue a  legal                                                               
career. They will increase the diversity on the bar and bench.                                                                  
                                                                                                                                
He  requested  help  documenting   the  need  for  legal  studies                                                               
programs in Alaska and showing  that they would satisfy important                                                               
needs.  He said  he  would contact  legislators individually  for                                                               
support.                                                                                                                        
                                                                                                                                
MR.  ROSAY focused  on developing  a justice  information center.                                                               
There is  a need  for more systematic  and collaborative  ways to                                                               
compile, analyze, and report justice data.                                                                                      
                                                                                                                                
1:12:55 PM                                                                                                                    
SENATOR  COGHILL asked  if  the  structure would  be  based on  a                                                               
national model.                                                                                                                 
                                                                                                                                
MR. ROSAY answered it probably would.                                                                                           
                                                                                                                                
SENATOR  COGHILL said  he was  impressed by  what the  Washington                                                               
Institute for  Public Policy did. He  liked the idea of  a center                                                               
and using a national model to meet Alaska's needs.                                                                              
                                                                                                                                
CHAIR FRENCH asked when the proposal would come forward.                                                                        
                                                                                                                                
MR. ROSAY  replied the  UAA Justice  Center was  building support                                                               
for the idea.                                                                                                                   
                                                                                                                                
The proposed  mandate would  focus on  three primary  tasks: hold                                                               
offenders  accountable, reduce  recidivism, and  protect Alaska's                                                               
citizens.  It would  prepare  reports,  facilitate research,  and                                                               
respond to policy questions.                                                                                                    
                                                                                                                                
MR.  ROSAY stressed  the need  for an  organizational process  to                                                               
review models  in other states; develop  an Alaska-specific plan;                                                               
create  policies  and  procedures;  structure  interactions  with                                                               
agencies; and assign and direct the workload.                                                                                   
                                                                                                                                
1:16:22 PM                                                                                                                    
CHAIR  FRENCH  suggested  Mr.  Rosay  look  at  a  slow  phase-in                                                               
approach.                                                                                                                       
                                                                                                                                
He thanked the presenters and introduced Jeff Jesse.                                                                            
                                                                                                                                
1:17:22 PM                                                                                                                    
JEFF   JESSE,  CEO,   Alaska  Mental   Health  Trust   Authority,                                                               
Department  of  Revenue (AMHTA),  said  AMHTA's  interest in  the                                                               
crime summit relates  to trust beneficiaries who  are involved in                                                               
the criminal justice  system. He reported that 42  percent of all                                                               
inmates are trust beneficiaries.                                                                                                
                                                                                                                                
CHAIR FRENCH asked for a definition of trust beneficiary.                                                                       
                                                                                                                                
MR.  JESSE explained  that trust  beneficiaries  are people  with                                                               
mental  health   issues  or   chronic  substance   abuse  issues,                                                               
developmental disabilities, dementia,  or traumatic brain injury.                                                               
He  explained that  in order  to qualify,  the condition  must be                                                               
chronic  and have  a  major  impact on  the  person's ability  to                                                               
fulfill primary functions in life.                                                                                              
                                                                                                                                
CHAIR FRENCH asked if there was a list of qualifications.                                                                       
                                                                                                                                
MR. JESSE  answered no, but AMHTA  does prioritize beneficiaries.                                                               
Prevention is a key component of the trust's work.                                                                              
                                                                                                                                
CHAIR FRENCH concluded that the  term "trust beneficiary" was not                                                               
a legal definition, but a population served by AMHTA.                                                                           
                                                                                                                                
MR. JESSE said he was on  the Criminal Justice Working Group, and                                                               
that it  was a  great forum for  getting agencies  to collaborate                                                               
and cooperate.  He suggested,  however, that  more could  be done                                                               
regarding interagency cooperation.                                                                                              
                                                                                                                                
He suggested  that the Department  of Health and  Social Services                                                               
(DHSS), which had  not testified in the Crime  Summit, would have                                                               
a  great  impact  on  turning  the curve  on  challenges  in  the                                                               
criminal justice system. DHSS  has highly cost-effective programs                                                               
for  successful  reentry into  a  community.  There needs  to  be                                                               
better  communication and  data connection  between DOC  and DHSS                                                               
for housing, employment, and support systems.                                                                                   
                                                                                                                                
He highlighted the Department of  Education and Early Development                                                               
(DEED)  as another  important agency  to help  turn the  curve of                                                               
crime.  Early  childhood  education   is  a  very  cost-effective                                                               
strategy to combat crime. He suggested  engaging DEED to add to a                                                               
long-term portfolio of strategies to turn the curve.                                                                            
                                                                                                                                
CHAIR  FRENCH  agreed  that  early   childhood  education  was  a                                                               
powerful program and could make a difference.                                                                                   
                                                                                                                                
MR. JESSE  stated that it  is tragic that  the state has  taken a                                                               
huge dividend  out of Alaska  Housing Finance  Corporation (AHFC)                                                               
and  put it  into the  general fund,  because every  day it  is a                                                               
struggle to  house beneficiaries. Of  those people coming  out of                                                               
the  corrections  system,  a  large   percentage  ends  up  being                                                               
homeless. He highlighted  that over $1 billion  in AHFC dividends                                                               
has gone into the general fund  rather than housing and the state                                                               
is reaping the consequences.                                                                                                    
                                                                                                                                
CHAIR  FRENCH asked  what  the  rate of  homelessness  is in  the                                                               
general population versus the beneficiary population.                                                                           
                                                                                                                                
MR. JESSE  replied there are  over 3,000 homeless  individuals in                                                               
Alaska  on any  given night,  and the  fasted growing  segment is                                                               
families with children.                                                                                                         
                                                                                                                                
CHAIR FRENCH observed that transitional housing is a problem.                                                                   
                                                                                                                                
MR. JESSE noted that to be able  to afford the average rent for a                                                               
one-bedroom apartment  in Anchorage, with  a minimum wage  job, a                                                               
person has to work 138 hours per week.                                                                                          
                                                                                                                                
CHAIR FRENCH  asked how  the Mental  Health Trust  Authority uses                                                               
its assets.                                                                                                                     
                                                                                                                                
MR.  JESSE  explained  that  the MHTA  has  about  $425  million,                                                               
managed by the  Permanent Fund Corporation, and  receives about a                                                               
4.25 percent  payout every year.  Revenue is also  generated from                                                               
land holdings. Combined, the MHTA  has about $24 million to spend                                                               
a year.  Mental health  program costs are  about $160  million in                                                               
general funds and Medicaid brings  the total program cost to well                                                               
over $300  million. If the Trust  were to use more  of its assets                                                               
each  year, he  said it  might be  possible that  the Legislature                                                               
would reduce its  general fund contribution for a  zero sum gain.                                                               
"We have reason to believe  that might happen." He explained that                                                               
the MHTA  tries to use its  resources as a catalyst  for changing                                                               
the  system to  make  it  more effective  and  efficient. It  has                                                               
invested in  things like Bridge  Home, mental health  courts, and                                                               
the woman's mental health unit  at Highland Mountain Correctional                                                               
Center. For the latter, the MHTA  paid for the entire program the                                                               
first  year,   two-thirds  the  next  year,   and  one-third  the                                                               
following year. Another  project was to help  the Legislature add                                                               
dental, vision,  and hearing to  the Medicaid program,  paying an                                                               
incremental cost initially and phasing out over time.                                                                           
                                                                                                                                
1:32:00 PM                                                                                                                    
MR.   JESSE  stated   that  both   the  Alaska   Housing  Finance                                                               
Corporation  (AHFC) and  the Department  of  Labor are  essential                                                               
partners  in helping  people reintegrate  into a  community after                                                               
they  leave prison.  They  need  housing and  jobs,  but the  492                                                               
barrier statutes in  this state make this difficult,  and not all                                                               
of these laws  make sense. For example, why  should a non-violent                                                               
felon  who  has  paid  his   debt  to  society  be  automatically                                                               
ineligible to become a big game  guide? When people coming out of                                                               
prison  can't  get  a  job,  can't  find  housing,  and  have  no                                                               
continuity of  service for  alcohol or  mental health  issues, it                                                               
should come as no surprise that  the recidivism rate is more than                                                               
60 percent.                                                                                                                     
                                                                                                                                
MR.  JESSE   said  DOC  understands   what's  needed   after  its                                                               
responsibility  ends  in  order   for  other  agencies  to  carry                                                               
forward.  It has  been very  proactive and  has even  helped some                                                               
felons  pre-qualify   for  Social  Security,  but   all  relevant                                                               
agencies  need to  be brought  in to  look at  what the  criminal                                                               
justice system  is doing  and how  they can  all partner  to help                                                               
drive  down  and  turn the  prison  need/overcapacity  curve.  He                                                               
suggested  having the  agencies work  cooperatively to  develop a                                                               
portfolio  of intervention  strategies and  then do  exactly what                                                               
Andre  Rosay  has done  with  the  domestic violence  initiative.                                                               
Develop  the tools  and the  population measures  and performance                                                               
measures  for  the  individual  programs  and  projects  so  it's                                                               
possible to  analyze the outcomes  so as  to know what  gives the                                                               
best bang for the buck, and if anybody is better off.                                                                           
                                                                                                                                
1:36:40 PM                                                                                                                    
MR. JESSE  stated that the  Bridge Home program  outcomes clearly                                                               
show  that when  people coming  out of  corrections are  provided                                                               
housing and  support there are subsequent  dramatic reductions in                                                               
the  use  of  the  Alaska Psychiatric  Institute  (API)  and  the                                                               
Department of Corrections.  This program serves 55  people and is                                                               
100  percent trust-funded,  but  it's the  type  of program  that                                                               
should go to scale.                                                                                                             
                                                                                                                                
MR.  JESSE directed  attention to  a bar  chart showing  rates of                                                               
alcohol and tobacco  sales to minors and questioned  why the rate                                                               
of  illegal sales  of alcohol  should  be twice  that of  illegal                                                               
sales  of tobacco  to minors.  He suggested  that there  were two                                                               
bills  relating to  alcohol that  bear  particular scrutiny  this                                                               
session. One  bill would move  the ABC Board from  the Department                                                               
of Public Safety to the Department  of Commerce and the second is                                                               
an  omnibus sunset  bill that  would  extend the  ABC Board,  and                                                               
others. He  explained that  the ABC  Board initiated  the request                                                               
for  the transfer  to commerce.  The argument  is that  alignment                                                               
with enforcement  makes for a more  adversarial relationship with                                                               
the industry, whereas commerce promotes business.                                                                               
                                                                                                                                
He stated  his belief that because  the ABC Board is  tasked with                                                               
oversight  of  the alcohol  industry,  it  is very  appropriately                                                               
domiciled  within  public  safety. He  questioned  whether  state                                                               
policy should further  enhance the ability to  promote alcohol in                                                               
this state,  and observed that  the alcohol industry does  a very                                                               
good job of promoting itself.                                                                                                   
                                                                                                                                
                                                                                                                                
MR. JESSE opined  that it was highly unlikely that  the ABC Board                                                               
would be  allowed to  sunset, and wondered  what the  chances are                                                               
that on the last day of the  session the ABC Board will be pulled                                                               
from the omnibus sunset bill,  inserted into the bill to transfer                                                               
the ABC  Board from public safety  to commerce, and sent  back to                                                               
the Senate at about 11:55  p.m. He suggested legislators consider                                                               
whether that was  going in the right direction,  because the word                                                               
in  the hall  is  that  the lobbyists  for  the alcohol  industry                                                               
believe  they've got  the  votes to  move the  ABC  Board to  the                                                               
Department of Commerce.                                                                                                         
                                                                                                                                
CHAIR FRENCH  commended Mr. Jesse  for having the courage  to say                                                               
that in  the light of day  with the cameras on  because thousands                                                               
of people  will become  aware of  the situation.  This is  how to                                                               
change public opinion and votes, he stated.                                                                                     
                                                                                                                                
MR. JESSE  stated that another  place where things could  be done                                                               
differently would be to offer  treatment on demand to any victims                                                               
of domestic  violence or sexual  assault who thinks she  would be                                                               
safer if  she were sober. The  outcomes would be easy  to measure                                                               
and  starting sooner  rather than  later would  really help  this                                                               
problem.                                                                                                                        
                                                                                                                                
1:43:44 PM                                                                                                                    
SENATOR  PASKVAN asked  what the  population trend  is for  trust                                                               
beneficiaries.                                                                                                                  
                                                                                                                                
MR.  JESSE replied  the  fastest growing  segment  of the  Alaska                                                               
population is seniors and with  that increase will come a greater                                                               
incidence  of   dementia  and  other  issues   that  affect  that                                                               
population. In the child and  adolescent population, the rates of                                                               
fetal  alcohol  syndrome  disorder  (FASD)  and  autism  spectrum                                                               
disorder  are  still  climbing. Attention  deficit  hyperactivity                                                               
disorder  (ADHD) is  also  a  concern. The  Bring  the Kids  Home                                                               
Project  is an  initiative  to return  to  Alaska children  being                                                               
served  in out-of-state  facilities. After  about seven  years of                                                               
this  initiative, the  Division  of  Behavioral Health  collected                                                               
data on  the 133  complex adolescents that  are still  in out-of-                                                               
state facilities. These kids have  all been diagnosed as severely                                                               
emotionally disturbed  (SED), and  many have also  been diagnosed                                                               
as  FASD, ASD  and  IQ under  70. About  8  percent have  stacked                                                               
disorders.                                                                                                                      
                                                                                                                                
The value  of this data  is that it  shows that one  reason these                                                               
children are  sent out-of-state is  that they're  falling between                                                               
two service delivery systems. Behavioral  Health can handle their                                                               
mental health issues,  but their treatments are  not designed for                                                               
people with  an IQ under  70 and the  lack of impulse  control of                                                               
FASD. Disability  Services can handle  those issues, but  not the                                                               
mental   health   aspect.   Just    last   week   DHSS   convened                                                               
representatives  from  the  Division  of  Senior  and  Disability                                                               
Services  and  the  Division  of Behavioral  Health  as  well  as                                                               
providers from both systems to review  each case and look at what                                                               
needs to be done to bridge the gap between the delivery systems.                                                                
                                                                                                                                
MR. JESSE said the ravages  of alcoholism are a constant problem,                                                               
which  is  why  the  AMHTA  works  hard  in  both  Anchorage  and                                                               
Fairbanks on  the Housing  First Initiative.  Karluk Manor  was a                                                               
fairly controversial project, but the  mayor of Anchorage wants a                                                               
second Housing  First project to be  open by the end  of 2013. He                                                               
said  even people  who aren't  philosophically attracted  to this                                                               
type  of program  are starting  to  realize that  the impacts  on                                                               
public resources are profound.                                                                                                  
                                                                                                                                
CHAIR FRENCH thanked Mr. Jesse and introduced Janet McCabe.                                                                     
                                                                                                                                
1:49:07 PM                                                                                                                    
JANET MCCABE, Chair, Partners for  Progress (PFP), said PFP works                                                               
with the court system and  others to support therapeutic justice,                                                               
which  she believes  is cost  effective  justice. She  introduced                                                               
retired Judge  Peter Froehlich  who is a  member of  the Partners                                                               
Advisory Council and mentioned that  retired Judge Tricia Collins                                                               
recently joined the council.                                                                                                    
                                                                                                                                
CHAIR FRENCH  asked what the  number one crime problem  in Alaska                                                               
is and what can be done about it.                                                                                               
                                                                                                                                
MS. MCCABE replied  it's alcohol and the solution is  to "keep up                                                               
the pressure." Senator  Dyson once said "Do the  smart thing, not                                                               
just the  tough thing"  and that  is another  way of  saying cost                                                               
effective  smart  justice.  It  will need  a  lot  of  continuing                                                               
attention  by   the  Legislature  as   well  as  all   the  other                                                               
departments and the public. It's all about the community.                                                                       
                                                                                                                                
She displayed a slide of South  Dakota that shows that 10 percent                                                               
of all males  under 50 have been on the  24/7 program. Apparently                                                               
there is  a correlation between the  increase in the use  of 24/7                                                               
and the decrease of fatal traffic accidents involving alcohol.                                                                  
                                                                                                                                
MS.  MCCABE explained  that  the 24/7  project  in Anchorage  was                                                               
formed  last  summer  with  help   from  the  Division  of  Motor                                                               
Vehicles,  the Department  of Corrections,  the municipal  public                                                               
health  and safety,  and was  based  on the  South Dakota  model.                                                               
Anchorage  Mayor  Dan  Sullivan  supports  the  program  and  has                                                               
proposed  including a  funding item  next year  in the  Anchorage                                                               
Blue Book.  She said  PFP used  money from  a couple  grants that                                                               
were about to expire.                                                                                                           
                                                                                                                                
The  current   target  group  came  from   the  Anchorage  Police                                                               
Department and  from Cynthia Franklin, municipal  prosecutor, who                                                               
has seen  many cases of  domestic violence, child  neglect, child                                                               
abuse, that are misdemeanors. These  people are fairly new in the                                                               
justice process, and evidence indicates  they are not controllers                                                               
or  violent except  when they  were drinking.   Participants  are                                                               
from Anchorage and  the rural areas. Dillingham  uses the program                                                               
on weekends when  people need more coverage, but in  Juneau it is                                                               
provided  by Gastineau  Human  Services  through the  therapeutic                                                               
courts.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH asked  if  a  key aspect  of  the  program is  that                                                               
participants  are selected  by the  municipal prosecutor  and the                                                               
public defender.                                                                                                                
                                                                                                                                
MS. MCCABE answered yes, and  explained that both the defense and                                                               
prosecution have  to agree to  put the defendant in  this program                                                               
and accept it as an alternate to regular sentencing.                                                                            
                                                                                                                                
CHAIR FRENCH asked  who the "prime mover" is,  the prosecution or                                                               
the defense.                                                                                                                    
                                                                                                                                
MS. MCCABE replied it's the prosecution.                                                                                        
                                                                                                                                
CHAIR FRENCH  recognized that Representative Peterson  had joined                                                               
the committee.                                                                                                                  
                                                                                                                                
MS. MCCABE said the biggest site  in South Dakota operates out of                                                               
a shopping  mall. The Anchorage  site is right across  from Chuck                                                               
E. Cheese, and was chosen  because of its centrality. The manager                                                               
is  a  retired Department  of  Corrections  sergeant who  does  a                                                               
wonderful job.                                                                                                                  
                                                                                                                                
CHAIR FRENCH asked how the program is supported.                                                                                
                                                                                                                                
MS. MCCABE replied  the Partners for Progress  funded the program                                                               
with remaining  Department of  Justice grants  a state  grant and                                                               
support from  Representative Rokeburg.  To get the  program going                                                               
costs about $100,000.                                                                                                           
                                                                                                                                
The process is straight forward she  said. Two testers are at the                                                               
site from 7 to  9 in the morning and 7 to  9 in evening including                                                               
holidays. It  has been open  since July  23 and is  working well.                                                               
The cost  is $2  per person  and if a  person blows  positive for                                                               
alcohol the police are notified  immediately. It goes directly to                                                               
the prosecutor and taken up at the next court session.                                                                          
                                                                                                                                
CHAIR FRENCH  asked if  both the  morning and  evening appearance                                                               
were compulsory.                                                                                                                
                                                                                                                                
MS. MCCABE replied yes. It's  a tight-leash program that has lots                                                               
of  human  contact, which  is  immensely  important in  making  a                                                               
change for a  lot of people. Seeing that you  did something right                                                               
360  times  and  being  congratulated  for it  is  "sort  of  the                                                               
educational  process"   and  it  does  make   a  difference.  The                                                               
evidence-based South  Dakota study  by the Rand  Corporation will                                                               
be released at the end of  January. South Dakota has 1,600 people                                                               
a day in its 24/7 programs.                                                                                                     
                                                                                                                                
She  said one  of the  key elements  is size  and how  to expand.                                                               
Right  now  there are  10  participants  there  will be  30  more                                                               
referred  by the  municipal prosecutor,  some from  probation and                                                               
some  from  parole.   That's  the  proof  that   it  will  reduce                                                               
incarceration. She  asked the  committee to  consider legislation                                                               
for a  pilot project test case  for people who graduate  from the                                                               
therapeutic courts  that would otherwise  lose their  license and                                                               
essentially not being  able to work. It's very  important to look                                                               
at  different ways  of address  license revocation.  This project                                                               
would  allow  people to  be  monitored  after they  graduate  for                                                               
absolute sobriety for a predetermined period of time.                                                                           
                                                                                                                                
South Dakota started  with a pilot and now uses  the program as a                                                               
bond condition;  it is very similar  to the one in  Anchorage. It                                                               
takes 45 seconds  to test and Anchorage could  handle 100 people.                                                               
South Dakota has  done 20,000 tests since 2005  and Anchorage has                                                               
done  1,450  tests; 1,448  have  been  successful, a  99  percent                                                               
success rate  (same as  South Dakota). Sixty  percent show  up on                                                               
time.                                                                                                                           
                                                                                                                                
One  of Ms.  McCabe's  slides  showed a  study  showing a  direct                                                               
correlation   between   motor   vehicle   fatalities   and   24/7                                                               
participation.                                                                                                                  
                                                                                                                                
2:05:44 PM                                                                                                                    
CHAIR FRENCH thanked Ms. McCabe  for the interesting presentation                                                               
and introduced Barb Henjum and Dean Williams.                                                                                   
                                                                                                                                
                                                                                                                                
2:06:51 PM                                                                                                                    
BARB HENJUM,  Director, Division of Juvenile  Justice, Department                                                               
of  Health and  Social Services,  Anchorage, AK,  said she  would                                                               
focus on  trends, successes  and challenges.  The mission  of her                                                               
division is  three-pronged: accountability for  action, promotion                                                               
of safety  and restoration of  victims, and developing  skills in                                                               
the offenders and their families to prevent crime.                                                                              
                                                                                                                                
CHAIR FRENCH  asked the  age range  of the  youth in  the justice                                                               
system.                                                                                                                         
                                                                                                                                
MS. HENJUM  replied they get  referrals on  kids as young  as age                                                               
three although  statute does  not have  a lower  limit. Generally                                                               
they are 14-15 years old and  the majority of court orders expire                                                               
on the  19th birthday.  A few  remain with  DJJ until  their 20th                                                               
birthday due to plea agreements.                                                                                                
                                                                                                                                
CHAIR FRENCH observed  that a fairly large cohort  go straight to                                                               
the adult system.                                                                                                               
                                                                                                                                
MS. HENJUM  said referrals to  her division have trended  down in                                                               
the last  10 years.  This means fewer  kids referred  to juvenile                                                               
probation offices and fewer admissions  to detention units. There                                                               
has  been less  change  in  the Nome  and  Kotzebue  area and  in                                                               
Southeast Alaska.                                                                                                               
                                                                                                                                
Anecdotally, the referrals now are  "higher needs kids." DJJ used                                                               
to get  a broader range  and that's  what they should  be dealing                                                               
with.                                                                                                                           
                                                                                                                                
CHAIR FRENCH asked what percentage  of youth are incarcerated and                                                               
what percentage are at home with DJJ involvement.                                                                               
                                                                                                                                
MS. HENJUM said she'd follow up with specific figures.                                                                          
                                                                                                                                
CHAIR FRENCH  said most people  think of youth services  as being                                                               
McLaughlin Youth Center, but that is probably a small sliver.                                                                   
                                                                                                                                
MS.  HENJUM said  a  majority of  kids  in her  care  are in  the                                                               
community.  But the  absence  of  crime is  only  one measure  of                                                               
whether they are doing what is  needed for the kids. She is proud                                                               
that  kids who  complete  juvenile probation  supervision have  a                                                               
recidivism rate  of 23 percent, but  she is more proud  that last                                                               
year  34 kids  in the  juvenile facilities  statewide received  a                                                               
high  school diploma.  The challenge  is that  when working  with                                                               
kids you  are responsible not  only for the prevention  of crime,                                                               
but the positive development of the youth.                                                                                      
                                                                                                                                
She  said the  division  has worked  on utilizing  evidence-based                                                               
interventions like appropriate screening  through the youth level                                                               
of service, aggression replacement  training in all the long-term                                                               
programs,  cognitive behavior  therapy,  and  youth court,  among                                                               
others.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH  asked  her  to  comment  on  cognitive  behavioral                                                               
treatment.                                                                                                                      
                                                                                                                                
MS.  HENJUM explained  that  cognitive  behavioral work  involves                                                               
interventions  that help  the  youth learn  that  how they  think                                                               
directly  impacts  how they  behave.  It  helps them  reason  and                                                               
manage situations that  require making good choices -  how to use                                                               
moral reason  to see if  it's a good choice  or a bad  choice. It                                                               
challenges thought patterns that obviously are there.                                                                           
                                                                                                                                
It's challenging  in Alaska to duplicate  evidence-based programs                                                               
that  are  working  in  other  places,  because  they  are  often                                                               
validated  on populations  very different  than here.  Alaska has                                                               
small numbers  of kids  and families  that are  spread out  a lot                                                               
more,  and  there  is  the   question  of  cultural  response  to                                                               
interventions that were  validated on a group of  white kids from                                                               
Georgia. DJJ  will often talk about  evidence-informed solutions,                                                               
trying  to  take  the  essence  of what  the  research  said  was                                                               
important and try to duplicate that here.                                                                                       
                                                                                                                                
CHAIR  FRENCH   asked  where  DJJ's  incarceration   centers  are                                                               
located.                                                                                                                        
                                                                                                                                
MS. HENJUM  replied that  there are  eight facilities;  four have                                                               
just  detention  and  four  have  both  detention  and  long-term                                                               
treatment.  The largest  is in  Anchorage,  the McLaughlin  Youth                                                               
Center,  followed by  the Fairbanks  Youth Facility,  the Johnson                                                               
Center in  Juneau, and the  Bethel Youth Facility.  The Ketchikan                                                               
Regional Youth Facility, the Kenai  Peninsula Youth Facility, the                                                               
Nome  Youth Facility  and the  Mat-Su Youth  Facility are  solely                                                               
detention facilities.                                                                                                           
                                                                                                                                
2:17:47 PM                                                                                                                    
CHAIR  FRENCH asked  if all  eight facilities  are needed  if the                                                               
overall youth crime rate is declining.                                                                                          
                                                                                                                                
MS. HENJUM  replied the challenge  is to  meet the needs  of kids                                                               
statewide and  a facility  costs almost the  same whether  it has                                                               
capacity  numbers  or  not.  And  moving  kids  closer  to  their                                                               
families and  communities is good  for both the youths  and their                                                               
families and that  is the push nationwide even though  it is more                                                               
expensive.                                                                                                                      
                                                                                                                                
2:19:03 PM                                                                                                                    
She highlighted  the trauma informed  care project  at McLaughlin                                                               
and the compelling research on the  role of trauma. Two units are                                                               
at Dean's  facility; one is a  detention unit and one  is a long-                                                               
term  treatment unit  that had  very  challenging behaviors.  DJJ                                                               
instituted a trauma  informed care pilot project  and has already                                                               
seen significant  reductions in  use of restraints  and incidence                                                               
of  assault. The  expectation  is to  expand  to more  facilities                                                               
statewide.                                                                                                                      
                                                                                                                                
CHAIR FRENCH said  an article in the New York  Times related that                                                               
a child's brain can be damaged in the womb.                                                                                     
                                                                                                                                
MS. HENJUM  highlighted that the division  embraces results-based                                                               
accountability  and  is  working on  five  performance  measures:                                                               
Alaska   Native   recidivism,   behavioral   health   recidivism,                                                               
substance   abuse,   education   and  employment,   and   overall                                                               
recidivism.                                                                                                                     
                                                                                                                                
2:22:03 PM                                                                                                                    
MS.  HENJUM said  it  continues  to be  a  challenge to  evaluate                                                               
programs  and  efforts; DJJ  is  working  to expand  its  quality                                                               
assurance efforts.                                                                                                              
                                                                                                                                
She said  the Legislature's  invitation asked what  it can  do to                                                               
help and  the commissioner often  says "to get the  right service                                                               
for the right  person at the right time." She  interprets that to                                                               
imply  integration  into  services  at not  just  the  department                                                               
level, but across  other service providers not  within the state.                                                               
She  said DJJ  enjoys  a good  relationship  with other  criminal                                                               
justice  agencies; the  Criminal Justice  Working Group  has been                                                               
important in bringing common issues  together and resolving them.                                                               
DJJ  is also  a member  of the  governor's domestic  violence and                                                               
sexual  assault  initiative  and  appreciates the  focus  on  the                                                               
issues that  are so critical  to the kids  in their care.  It has                                                               
led to  some joint training  efforts, better data  collection and                                                               
hopefully for additional support for evidence-based programs.                                                                   
                                                                                                                                
2:24:49 PM                                                                                                                    
DEAN WILLIAMS, Superintendent,  McLaughlin Youth Center, Division                                                               
of Juvenile  Justice, Department  of Health and  Social Services,                                                               
described   the   genesis   of    the   Step   Up   program   for                                                               
expelled/suspended youth. The  goal is to save  the diploma, keep                                                               
them  off the  street, connect  them to  a job  and treatment  if                                                               
needed. The stats are promising.                                                                                                
                                                                                                                                
A need  is continued  will for the  continuation of  the program,                                                               
with replication in other areas of the state.                                                                                   
                                                                                                                                
2:32:10 PM                                                                                                                    
SENATOR  COGHILL asked  the  issues for  getting  the youth  from                                                               
school to the program.                                                                                                          
                                                                                                                                
MR.  WILLIAMS replied  loopholes allow  exchange of  information,                                                               
but there is a bureaucratic  mindset of doing things a particular                                                               
way.                                                                                                                            
                                                                                                                                
2:33:54 PM                                                                                                                    
CHAIR  FRENCH summarized  the responses  he got  from the  public                                                               
about the number one crime problem in Alaska.                                                                                   
   · Alcohol-fueled violence, no particular solution.                                                                           
   · Decriminalize drugs - mostly marijuana for nonviolent                                                                      
     offenders, saving millions of dollars and freeing up the                                                                   
     legal system to focus on people who are actually a danger                                                                  
     to society.                                                                                                                
   · Be creative with crime prevention and enforcement programs;                                                                
     hire more law enforcement officers, pay them well and                                                                      
     provide attractive benefits.                                                                                               
   · Provide swift and hard justice.                                                                                            
                                                                                                                                
He  said a  most thoughtful  response  came from  a former  rural                                                               
Alaska judge. He wrote:                                                                                                         
     The  number  one crime  issue  in  this part  of  rural                                                                    
     Alaska  is that  it  is generational.  The children  of                                                                    
     criminals and victims are much  more likely than others                                                                    
     to  offend in  the future.  The  good news  is that  in                                                                    
     small villages it is relatively  easy to identify these                                                                    
     families.  The bad  news is  that a  significant number                                                                    
     have fetal  alcohol syndrome disorder and  are not easy                                                                    
     to help.  But the state  should double fund  the Office                                                                    
     of Children's Services and offer  a variety of programs                                                                    
     for  those  with  alcohol  and  mental  health  issues,                                                                    
     intervening  much   earlier  than  is   now  occurring.                                                                    
     Facilities  offering structure  and guidance  should be                                                                    
     created   throughout   the   state   and   correctional                                                                    
     facilities should  be located in regional  hubs so that                                                                    
     offenders could  have contact  with their  families and                                                                    
     take advantage of local program.                                                                                           
                                                                                                                                
SENATOR   COGHILL  said   the   alcohol   problem  shows   itself                                                               
repeatedly. He thanked the chair  for bringing the many voices to                                                               
the table. A resounding theme  is the public private partnerships                                                               
and  difficulty  in  communication.  Hopefully  things  will  get                                                               
better and  better. One  of the toughest  issues will  be getting                                                               
communities  involved   in  justice.  Mr.   Monigan's  suggestion                                                               
appears to  be a good way  to navigate the problem.  Having local                                                               
communities  sit in  on local  issues reaches  into every  agency                                                               
that is participating.                                                                                                          
                                                                                                                                
2:41:24 PM                                                                                                                    
SENATOR  PASKVAN  said  he  agrees with  the  idea  of  community                                                               
courts.  Mr. Jesse's  statistic that  42 percent  of inmates  are                                                               
trust beneficiaries  was startling.  The points  regarding issues                                                               
of housing,  education, and  dental health  care were  well made.                                                               
The presentations overall were excellent.                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI said  the professionals  in this  state are                                                               
amazing and he continues to be  struck by the impacts of drug and                                                               
alcohol abuse,  mental health issues,  and domestic  violence. He                                                               
said  he  is  heartened  that  there  is  increased  interest  in                                                               
evidence-based solutions; there  is a foundation in  place and he                                                               
looks forward to building on it.                                                                                                
                                                                                                                                
2:45:00 PM                                                                                                                    
CHAIR FRENCH  thanked his thanks  his staff and  the participants                                                               
that  took  time  from  busy  schedules to  come  to  Juneau.  He                                                               
emphasized  the importance  of talking  on a  regular basis;  the                                                               
first crime  summit was four years  ago, this is the  second, and                                                               
hopefully there will be another on in 2016.                                                                                     
                                                                                                                                
He said it will take some  time to digest this friendly avalanche                                                               
of information.  While there is  no clear solution at  this time,                                                               
it   will  involve   four  things:   information,  collaboration,                                                               
incremental  change  across  a  broad  spectrum  of  arenas,  and                                                               
willpower. Senator  French stated, "I'm  a firm believer  that we                                                               
can change the world; we're going to do it working together."                                                                   
                                                                                                                                
2:46:12 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French  adjourned the  Senate Judiciary  Standing Committee                                                               
hearing at 2:46 p.m.                                                                                                            

Document Name Date/Time Subjects
STAR Presentation.pdf SJUD 1/25/2012 8:30:00 AM
STAR Presentation
Courts Presentation Page 1.pdf SJUD 1/25/2012 8:30:00 AM
Courts Presentation Page 1
Courts Presentation Page 2.pdf SJUD 1/25/2012 8:30:00 AM
Courts Presentatino Page 2
Courts Presentation Page 3.pdf SJUD 1/25/2012 8:30:00 AM
Courts Presentation Page 3
Courts Presentation Page 4.pdf SJUD 1/25/2012 8:30:00 AM
Courts Presentation Page 4
Walt Monegan Presentation.pdf SJUD 1/25/2012 8:30:00 AM
Alaska Native Justice Center Presentation
PSEA Presentation.pdf SJUD 1/25/2012 8:30:00 AM
PSEA Presentation
DOC Presentation.pdf SJUD 1/25/2012 8:30:00 AM
DOC Presentation
Partners for Progress Pages 1-3.pdf SJUD 1/25/2012 8:30:00 AM
Partners for Progress Pages 1-3
Partners for Progress Page 4.pdf SJUD 1/25/2012 8:30:00 AM
Partners for Progress Page 4
Partners for Progress Page 5.pdf SJUD 1/25/2012 8:30:00 AM
Partners for Progress Page 5
Partners for Progress Page 6.pdf SJUD 1/25/2012 8:30:00 AM
Partners for Progress Page 6
Partners for Progress Presentation.pdf SJUD 1/25/2012 8:30:00 AM
Partners for Progress Presentation