Legislature(2013 - 2014)BUTROVICH 205
01/31/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview: Department of Correction - Prisoner Reentry & Recidivism | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
January 31, 2013
9:01 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
MEMBERS ABSENT
Senator Bert Stedman
Senator Bill Wielechowski
COMMITTEE CALENDAR
OVERVIEW: DEPARTMENT OF CORRECTIONS - PRISONER REENTRY &
RECIDIVISM
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record.
WITNESS REGISTER
JOE SCHMIDT, Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Presented information on prison reentry and
recidivism.
RON TAYLOR, Deputy Commissioner
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Presented information on prison reentry and
recidivism.
LESLIE HOUSTON, Deputy Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Responded to questions on prison reentry and
recidivism.
ACTION NARRATIVE
9:01:17 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators Coghill, Giessel, and Chair Dyson.
^OVERVIEW: DEPARTMENT OF CORRECTION - PRISONER REENTRY &
RECIDIVISM
9:01:35 AM
CHAIR DYSON announced that the presentation would be on the
topic of prisoner reentry and recidivism.
JOE SCHMIDT, Commissioner, Department of Corrections, introduced
his staff and their duties. He explained that there have been
many changes within the Department of Corrections (DOC). He said
DOC is in a "grade and measure mode" in order to evaluate a
number of new programs. He shared the mission of DOC: provides
secure confinements, reformation programs, and a process of
supervised community reintegration to enhance the safety of
Alaska communities.
He discussed some of the trends in DOC. He related that DOC
processed 40,300 bookings represented by 22,000 individuals.
Almost 2,000 of those were Title 47's - non-criminal inebriants
who are held for 12 hours.
CHAIR DYSON did not know that those people were part of DOC's
responsibility and budget.
COMMISSIONER SCHMIDT explained that they are. He said he does
not know of a solution to the inebriant problem. He suggested
that DOC could research information about that clientele, define
the problem, and then address solutions.
CHAIR DYSON reported that he has ridden with the Community
Service Patrol and noted that many of the inebriants need
medical help. He asked if the commissioner also found that to be
true.
COMMISSIONER SCHMIDT stated that DOC does a medical screening.
9:09:56 AM
SENATOR COGHILL asked if the Title 47 group the commissioner
spoke of consisted of 2,000 unique individuals.
COMMISSIONER SCHMIDT said there were 1,800 admissions.
SENATOR COGHILL mentioned that Fairbanks Community Service
Patrol experiences "frequent flyers" and they are trying to get
the inebriants into facilities other than jail. He asked if that
was also part of DOC's solution.
COMMISSIONER SCHMIDT said yes.
CHAIR DYSON suggested that DOR takes "spillover" from Brother
Francis.
COMMISSIONER SCHMIDT said if DOC is full and unable to take a
Title 47 person, the person is sometimes criminally charged. He
gave an example.
SENATOR COGHILL questioned the relationship between DOC and the
Department of Health and Social Services.
9:12:14 AM
RON TAYLOR, Deputy Commissioner, Department of Corrections, said
work with inebriants is also done through the Mental Health
Trust.
COMMISSIONER SCHMIDT related that there are slightly less than
6,000 prisoners in secured facilities and half-way houses or
using electronic monitoring, as of the end of last year. There
are just over 6,100 on probation or parole.
He summarized the mission statement: secure confinement,
reformative programs, supervised reentry. He said DOC is always
looking for cheaper ways to provide confinement. He informed the
committee that DOC's classification system has been revised
because they tended to over classify prisoners.
SENATOR COGHILL asked how prisoners are classified.
COMMISSIONER SCHMIDT explained that a consultant worked with DOC
to determine how Alaska compared against the national average.
MR. TAYLOR asked if he should discuss the categories.
SENATOR COGHILL requested to know how classifications were
reset.
MR. TAYLOR pointed out that the categories for the
classifications did not change; they remained minimum, medium,
closed, and maximum. He said who went into the classifications
changed.
SENATOR COGHILL asked if classification was based on interview,
flight risk, or risk to the general population.
MR. TAYLOR said for maximum custody, the classification was
based on flight risk and assaultive behavior. Closed custodies
could be managed in the general population with restrictions.
Medium custodies could be in the general population.
9:17:00 AM
CHAIR DYSON asked if he was referring to the general population
in a facility.
MR. TAYLOR said yes.
CHAIR DYSON asked how vulnerable prisoners are protected from
dangerous inmates.
COMMISSIONER SCHMIDT explained that maximum custody separates
out dangerous inmates. Out of 6,000 prisoners, 70 are under
maximum security. He added that administrative segregation is
used to separate vulnerable prisoners. He spoke of gang
facilities and housing by custody protocol in order to separate
predators from prey.
CHAIR DYSON said he has heard that child molesters have a hard
time in general population.
COMMISSIONER SCHMIDT said yes.
9:19:24 AM
COMMISSIONER SCHMIDT turned to the goals of DOC: protect the
public, reduce recidivism, delay the need for the construction
of a new prison for sentenced offenders, ensure that
incarcerated offenders spend their time in custody productively,
and work collaboratively with stakeholders to achieve these
goals.
CHAIR DYSON requested information about the impact of the new
prison and the ability to bring prisoners back from Colorado. He
also requested information of future overcrowding.
COMMISSIONER SCHMIDT commented on out-of-state versus in-state
prisons. He said it is an expensive goal to bring the prisoners
home. He noted the importance of support for prisoners after
they are released from within the state. He stressed that
transporting prisoners is expensive. Sometimes those who qualify
for a half-way house are not able to go there due to no
available transportation. He concluded that for many reasons, it
is less expensive to house prisoners in Alaska.
He related that Goose Creek has vocational programs to offer,
which will create jobs and help to prevent recidivism.
SENATOR COGHILL asked how the recruitment and training of new
prison workers went.
COMMISSIONER SCHMIDT replied that DOC increased recruitment
efforts and many people were hired. He said DOC still needs 30
staff in Seward. Already-trained security staff moved to Goose
Creek.
9:26:07 AM
CHAIR DYSON asked how much the average correction officer makes
and how that relates to overhead and burden, or the total cost
to the state.
COMMISSIONER SCHMIDT deferred to Ms. Houston to answer later in
the presentation.
He continued to say that since 95 percent of prisoners are
released in their lifetime and 50 percent are getting out in the
next six months, a prisoner's reentry education should begin the
day their sentence begins. This includes behavior in prison and
planning for after release.
COMMISSIONER SCHMIDT presented a graph from November 2006 that
shows Alaska recidivism rates. The graph shows that 66 percent
of prisoners return to jail and 34 percent return in the first
six months of release. In the second six months after release,
the number drops in half. He emphasized that the lesson is to
focus on the first six months of reentry - on housing,
employment, and sobriety support.
CHAIR DYSON mentioned the problem of sorting out repeat
offenders from technical violators of probation terms.
COMMISSIONER SCHMIDT stated that who is put into a program is
less important than who is not put into the program. The
department tries to capture for their programs, the third in the
middle who are amenable to change, not predicted offenders, and
not short-term, first offenders.
He referred to a model called Probation Accountability Certainty
Enforcement (PACE) that is geared for probable re-offenders. If
the person misses an appointment, he or she goes to jail. He
gave an example of the certainty of that population getting
caught.
9:33:10 AM
COMMISSIONER SCHMIDT showed a graph of Alaska institutional
inmate population from 2003 to 2020, and bed availability. He
noted how Goose Creek affected the graph. He said a reduction in
recidivism would decrease prison population growth.
He shared statistics about a trend to an increasing non-violent
population. A larger percent of sex offenders are in prison
today, but the number released is lower. In FY 08, the
department released 137 sex offenders, versus 55 in 2012. The
conclusion is that they are receiving longer sentences and fewer
are being released.
SENATOR GIESSEL wished to focus on prescription drug abusers and
asked if they could be counted separately.
COMMISSIONER SCHMIDT said DOC can't do that, but other agencies
maybe could.
COMMISSIONER SCHMIDT provided data regarding the length of stay
for prisoners from 2002 to 2012. Prisoners are remaining in
prison longer. Those remaining in for 37 months, ten years ago,
were less than 7 percent; today that number is over 18 percent.
In 2002, the group serving 7 - 12 months was 21 percent and now
that group is only 11.5 percent.
CHAIR DYSON wondered how that data relates to presumptive
sentencing and the removal of judicial discretion.
9:37:39 AM
MR. TAYLOR spoke of three principles of effective correctional
intervention. The philosophy has changed from risk/control to
risk/need/responsivity. More time is devoted to moderate and
high risk cases. Now DOC targets the needs of those offenders,
and designs efforts around behavioral and cognitive-behavioral
techniques. Efforts are tailored to the individual abilities,
strengths, and personality of the client.
9:40:38 AM
He said the focus is on behavior change. The movement is from
custody and monitoring to behavior change; from agency isolation
to collaboration, from unproven methods to using what works;
from measuring inputs to measuring outcomes, and from offender
failure to offender success and improved public safety.
MR. TAYLOR discussed how risk is assessed. He said that since
DOC has updated its classification policies, it is doing a
better job of identifying the true risk level of a person at a
much faster pace.
CHAIR DYSON noted that restorative justice is used in many
places in the country, enabling the perpetrator to try to return
the victim to a pre-offense condition by paying them money or by
restoring relationships. He asked if that was being done in
Alaska.
MR. TAYLOR thought it used to be done in the past; however, the
focus now is more on "risk need and responsivity." He said there
was a victim impact class at some facilities, but he could not
provide more information.
CHAIR DYSON did not think the class was focused on restorative
justice. He recalled his efforts to include that policy years
ago. An example of that policy was, if a client had assets, the
victim would get the money before the court system did.
MR. TAYLOR pointed out that DOC has also updated the offender
management plan, which provides a road map for the prisoner to
determine what programs are needed in order to reenter the
community. Examples of the programs are substance abuse and
anger management classes. The plan becomes a great foundation
for the transfer of the person to supervision when on parole.
He related that the probation and parole division has received
technical assistance from the National Institute of Corrections
and is in the process of modifying the current risk assessment
protocols.
MR. TAYLOR turned to a custody/risk level graph and discussed
how the state has moved toward national standards of
supervision. He explained how the state has moved from a three-
tier probation/parole system to a five-tier system, thus
providing more flexibility in terms of supervision and the
ability to target resources to those who receive services and
are able to complete them successfully.
9:45:12 AM
SENATOR COGHILL brought to attention the effects on the
programmatic approach by movement of population, such as having
to move prisoners from one facility to another. He asked if it
is an issue that some prisoners are unable to get into a program
because of lack of space.
MR. TAYLOR agreed that has been problematic. He suggested that
Goose Creek will take the pressure off of that and make more
programs available.
MR. TAYLOR related criminogenic factors, issues that must be
addressed in order to prevent reoffending. He listed the
factors: anti-social values, beliefs, and cognition, anti-social
companions, anti-social personality or temperament, and family
or marital problems. He continued to say that substance abuse is
a major criminogenic factor. It is important to find ways to
reduce usage and enhance alternatives to abuse. Other factors
are employment, education, and leisure and/or recreation.
9:48:05 AM
SENATOR GIESSEL asked if there is a detoxification program.
MR. TAYLOR said there is not a detoxification program in the
institution. There is a medical screening process.
SENATOR GIESSEL asked what the process is for those who are
addicts.
MR. TAYLOR replied that they are managed through medical
screening.
SENATOR GIESSEL asked if they would be put into a medical
facility, not a prison.
MR. TAYLOR said not necessarily.
CHAIR DYSON asked how addicts are managed and supported during
detoxification.
COMMISSIONER SCHMIDT explained that medical and mental health
staff evaluate and monitor that population. It is not a
comprehensive program. He assumed that the courts might have
options for addicts other than jail.
SENATOR COGHILL asked if criminogenic factors are dealt with by
connecting prisoners with outreach agencies.
MR. TAYLOR said yes.
SENATOR COGHILL asked what kind of entertainment or rewards are
provided in prison.
COMMISSIONER SCHMIDT explained that television is available if a
person is enrolled in a GED program. All Xboxes are being
eliminated. Supervised internet and email could be offered with
the right technology.
9:53:57 AM
CHAIR DYSON talked about court appearances via video
conferences. He mentioned low cost reward options, such as
jogging clubs, a band, and dog training, which he said are good
for morale.
He requested more information about medical costs.
9:55:15 AM
LESLIE HOUSTON, Deputy Commissioner, Department of Corrections,
introduced herself.
CHAIR DYSON asked about Medicare and Medicaid reimbursements for
medical treatments.
MS. HOUSTON said that currently there is no Medicare or Medicaid
available to incarcerated individuals. In January of 2014, if
the state participates in Health Care Reform, DOC will be able
to collect some of the 50 percent Medicaid and Medicare
reimbursements for inmates eligible for outside medical care.
CHAIR DYSON understood that many inmates have complex medical
needs. He asked how those needs can be met.
MS. HOUSTON agreed it was a difficult problem. She said that
general fund health care is very expensive. If the inmate
becomes eligible for Medicare and Medicaid then DOC could
collect.
CHAIR DYSON asked if DOC can, and will, receive reimbursements
in 2014.
MS. HOUSTON said both Medicare and Medicaid will come on board
at that time.
CHAIR DYSON asked if providers come into the facility in order
to treat those with complicated conditions.
MS. HOUSTON said some are handled with in-house medical staff;
others must be taken to a community provider under contract with
DOC.
CHAIR DYSON gave an example of an extremely ill, non-violent
person and asked if they could be moved to another facility.
MS. HOUSTON said that is called medical parole.
9:59:08 AM
SENATOR GIESSEL asked how an addicted person is managed.
MS. HOUSTON explained that during the booking process, if it is
determined by medical staff that the person's life is in risk
from detoxification, they are taken to a hospital. Others are
handled by a step-down drug process in the prison facility.
CHAIR DYSON inquired if there is a level of security provided in
the hospital and if it was costly.
MS. HOUSTON said yes, and agreed it was expensive.
CHAIR DYSON asked if there are other places in the country where
there is a secure hospital wing within the prison.
MS. HOUSTON replied that in most of the Lower 48 there are
"special needs prisons" for providing medical services and end-
of-life care.
CHAIR DYSON suggested moving toward that direction in Alaska.
SENATOR GIESSEL understood that the private sector has to cover
the expenses of drug detox before the person is incarcerated.
10:01:27 AM
MS. HOUSTON said that is not typically the case; DOC picks up
the health care costs.
CHAIR DYSON assumed drug detoxification was a part of the
judgment and was based on risk.
MR. TAYLOR continued with information on high probation
violations. He reported that in 2002, jail admissions for
probation violations increased from 1,641 to 2,737 in 2011. In
the last year there has been a slight decrease. He noted that
DOC is beginning to halt the growth of probation violations,
even though probation caseloads have increased by over 20
percent during that time. In 2011, more than 50 percent of the
6,000 probationers had a Petition to Revoke Probation filed.
Most violations are for technical violations.
SENATOR COGHILL saw that some probation violations were for
those who committed misdemeanors and some were for felons.
MR. TAYLOR added that some were for both felony and misdemeanors
and for both legal and technical violations.
SENATOR COGHILL asked for clarification of technical violations
of probation.
MR. TAYLOR explained that technical violations do not involve
any new criminal behavior. Some examples are missed appointments
or failure to do a urinary analysis.
SENATOR COGHILL referred to a study that said the recidivism
rate is higher in misdemeanants.
MR. TAYLOR suggested not comparing felony recidivism to
misdemeanor recidivism because of the difference supervision
requirements.
10:05:23 AM
CHAIR DYSON restated the question to ask if, of the present
prisoner population going on probation, the misdemeanants were
more likely to have technical violation, than felons.
MR. TAYLOR agreed that misdemeanors do recidivate at a higher
rate.
COMMISSIONER SCHMIDT added that probation officers do not
supervise misdemeanants because they have informal probation
requirements.
SENATOR COGHILL said that is the information he was looking for.
MR. TAYLOR listed the rehabilitative programs: substance abuse,
education, and faith-based. He said there is a Life Success
Skills Alcohol Treatment (LSSAT) program and a Residential
Substance Abuse Treatment (RSAT) program for substance abusers.
Over half of those enrolled in LSSAT have completed the program.
A high number of RSAT participants have completed their program.
There are also persons enrolled in an Aftercare program out in
the community. The recidivism rate for those who have completed
the substance abuse program is 14 percent lower than the control
group.
He related that DOC provides two education programs, the Adult
Basic Education/GED program and a vocational education program,
which has been expanded considerably. Quite a few prisoners have
been participating in those programs; however, DOC has not
measured the effectiveness of them yet. He said that DOC also
offers a faith-based program.
CHAIR DYSON asked about potential training programs.
MR. TAYLOR discussed the proposed and current programs at the
Goose Creek Correctional Center. Currently, several substance
abuse services, educational services, and vocational services,
are in place. Pending are the RSAT program and under vocational
services, Microsoft Certification, Building Trades, and an
introduction to construction trades program.
CHAIR DYSON asked about the equipment needed for some of the
programs, such as safe food handling or seafood working.
MR. TAYLOR said those programs do require food. He referred back
to how prisoners are classified. Those who are not high risk are
allowed into those programs.
CHAIR DYSON asked if they go off-campus to work in plants.
MR. TAYLOR said no.
CHAIR DYSON asked if the prepared food is served to the
prisoners.
MR. TALYOR said yes.
CHAIR DYSON asked if the McKinley Meat Plant was still in
operation.
COMMISSIONER SCHMIDT said it was still operational and DOC sends
15 people there each day from Palmer.
CHAIR DYSON asked if it provided slaughtering services and wild
game packaging.
COMMISSIONER SCHMIDT did not know if it still processed wild
game.
CHAIR DYSON asked if those who are trained are tracked for job-
rate success.
MR. TAYLOR said not yet, but DOC hopes to add the ability to do
so for vocational services.
CHAIR DYSON asked if the prisoners complete a building trade
project.
COMMISSIONER SCHMIDT explained that the prisoners are taught how
to build a house, using a small model within the shop facility.
CHAIR DYSON asked about traditional vocational training and
apprenticeships.
MR. TAYLOR reported that the Department of Labor works well with
DOC toward developing certificated programs.
10:13:41 AM
CHAIR DYSON requested information on passive and active
monitoring.
MR. TAYLOR explained that DOC uses a passive GPS system for
monitoring prisoners. Also used is the non-passive Transdermal
Alcohol (TAD) Unit to test for alcohol and monitor curfews.
SENATOR COGHILL asked for a further description of the TAD Unit.
MR. TAYLOR explained that it is operated via telephone. The
active GPS system involves a screen that can be monitored by a
person, and the passive GPS involves the ability to download
information that can be evaluated.
CHAIR DYSON asked for clarification.
MR. TAYLOR replied that a TAD Unit shows where a person is, but
not what they are doing.
SENATOR COGHILL asked if it is an ankle bracelet or a phone.
MR. TAYLOR explained the TAD Unit is the bracelet itself; the
GPS goes through the cellphone.
CHAIR DYSON asked what active monitoring involves.
MR. TAYLOR offered to provide that information.
COMMISSIONER SCHMIDT clarified that active monitoring is knowing
where the prisoner is in real time and passive monitoring is
having the ability to download information about the prisoner's
location. He added that DOC has chosen the passive system
because of its ability to monitor low-risk persons and due to
the lower cost. That program is more than 90 percent successful.
The 10 percent that come back have usually committed a technical
violation.
10:18:11 AM
CHAIR DYSON requested more information about pre-trial
monitoring.
MR. TAYLOR replied that there is some pre-trial monitoring, but
most monitoring is done on sentenced persons. He added that
DOC's capacity to monitor electronically has tripled. Currently,
329 persons are under electronic monitoring.
CHAIR DYSON recalled that a pre-trial perpetrator pays some of
the cost.
COMMISSIONER SCHMIDT said that was correct. He noted that the
cost is about $35 per day and the offender would pay $14 of that
cost. It is very effective and very cheap. He offered to provide
further information.
CHAIR DYSON pointed out that often a judge's orders will include
place restrictions. He inquired how that is monitored.
MR. TAYLOR explained that a contractor monitors those offenders
and provides reports to DOC.
CHAIR DYSON recalled a personal experience.
10:20:43 AM
MS. HOUSTON spoke of monitoring costs for the alcohol device.
She related that if the person uses a cell phone for monitoring
it would cost roughly $234 a month. A hard line would cost $182
per month. For an active GPS system, it would cost $330 per
month, and a passive GPS system would cost $165. The majority of
the people on electronic monitoring have the TAD device. If an
active system is required, the person would have to wear two
devices, which would double the cost.
CHAIR DYSON asked if electronic monitoring saves money down the
line.
COMMISSIONER SCHMIDT said it does. He explained that there are
over 330 inmates currently on electronic monitoring, which is
equal to one prison facility. If they were incarcerated, it
would cost much more. He described electronic monitoring as a
very successful program.
CHAIR DYSON suggested making those savings figures available.
MS. HOUSTON provided the costs of care within an institution.
She said it costs $147.21 per bed per day versus $50 per day for
electronic monitoring.
CHAIR DYSON asked if Commissioner Schmidt wanted to say anything
more about PACE.
10:24:07 AM
COMMISSIONER SCHMIDT reviewed Probation Accountability with
Certain Enforcement (PACE). He stressed that swift, certain
enforcement of consequences works.
CHAIR DYSON called it "tough love in action."
MR. TAYLOR offered to provide information on the Prisoner
Reentry Task Force (PRTF).
CHAIR DYSON asked for a typical scenario of what happens when a
prisoner is released.
MR. TAYLOR explained that prisoners' reentry plans are based on
their needs regarding substance abuse, employment, and housing.
He pointed out that as part of PRTF, there are several reentry
coalitions in various communities. He stressed that the
coalitions are responsible for reentry successes.
CHAIR DYSON commented that many of the coalitions are non-profit
volunteer programs.
MR. TAYLOR said they are all volunteer programs that try to fill
gaps in resources in the community. That is where DOC begins to
identify ways to help prisoners to return to their communities,
given the resources found there.
CHAIR DYSON recalled that Alcoholics Anonymous operates in most
prison facilities and provides follow up in communities. He
asked if Narcotics Anonymous is active in Alaska.
MR. TAYLOR said it was.
CHAIR DYSON voiced appreciation for the presentation.
COMMISSIONER SCHMIDT offered to return to provide more
information.
10:28:02 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Committee at
10:28 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Final Senate State Affairs 1-31-13 Presentation Prisoner Re-Entry Recidivism.pdf |
SSTA 1/31/2013 9:00:00 AM |
Department of Corrections - Prisoner Re-Entry/Recidivism |