Legislature(2023 - 2024)ADAMS 519
02/12/2024 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| Overview: Fy 25 Budget Department of Corrections | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 268 | TELECONFERENCED | |
| += | HB 270 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HOUSE BILL NO. 268
"An Act making appropriations for the operating and
loan program expenses of state government and for
certain programs; capitalizing funds; amending
appropriations; making capital appropriations; making
supplemental appropriations; making reappropriations;
making appropriations under art. IX, sec. 17(c),
Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing for
an effective date."
HOUSE BILL NO. 270
"An Act making appropriations for the operating and
capital expenses of the state's integrated
comprehensive mental health program; and providing for
an effective date."
^OVERVIEW: FY 25 BUDGET DEPARTMENT OF CORRECTIONS
1:39:41 PM
JENNIFER WINKELMAN, COMMISSIONER, DEPARTMENT OF
CORRECTIONS, introduced herself and available staff in the
room and online. She provided a PowerPoint presentation
titled "Department of Corrections FY2025 Budget Overview:
House Finance Committee," dated February 12, 2024 (copy on
file). She briefly reviewed an organizational chart on
slide 2. She shared that the individuals shown on slide 2
had over 130 years of Alaska Department of Corrections
(DOC) experience. She drew attention to the Parole Board
and relayed that it was housed budgetarily within DOC, but
it operated autonomously. The executive director and staff
worked directly for the Parole Board and the board was
appointed by the governor and confirmed by the legislature.
Commissioner Winkelman turned to the department's mission
and core services on slide 3. She informed the committee
that DOC was originally a division housed under the
Department of Health and Social Services. She detailed that
in 1984 the division had been separated out as its own
department under Governor Bill Sheffield. The department's
mission was grounded by the Alaska Constitution and was to
provide secure confinement, reformative programs, and a
process of supervised community reintegration to enhance
the safety of Alaska's communities. She noted DOC had over
2,100 positions and was second only to the Department of
Transportation and Public Facilities in terms of staff. The
department's FY 25 budget request was $450.65 million. A
table on the bottom of the slide showed the core services
provided by each of the department's four divisions.
1:42:13 PM
Commissioner Winkelman turned to slide 4 titled "Department
of Corrections (DOC) at a Glance." She relayed that DOC was
a unified system and its prisons operated under the same
umbrella. She reported there were seven unified systems in
the United States. She noted that West Virginia was unique
because it housed everything under one umbrella but
separated the holding of prisoners in a sentenced and
unsentenced capacity. She detailed that DOC booked 27,785
offenders into its facilities in FY 23 and 16,662 unique
offenders. She explained the difference between the two
numbers was that individuals were booked in more than one
time per year. For example, one individual had been booked
into a facility 94 times over a three-year period, which
equated to one remand every 1.5 weeks for three years. The
department was responsible for nearly 11,000 individuals at
any given time. She elaborated that there were nearly 4,500
in its facilities, over 200 unsentenced individuals on
electronic monitoring, over 300 in its community
residential centers (CRCs), [3,822] on probation or parole,
and [2,017] on pretrial supervision.
1:44:15 PM
Commissioner Winkelman highlighted the department's major
accomplishments in FY 23 on slide 5. She stated that Senate
Bill 119 had passed the previous year. She detailed that
DOC recognized the challenges offenders face when they were
released from a facility without an ID in terms of getting
a job or opening a bank account. The department had
produced the identification for the inmates' release and
with the legislature's help, the ID became a valid form of
identification. She addressed the second bullet point on
the slide and stated that the health and wellbeing of its
staff and inmates were DOC's most important priorities;
therefore, it had established a wellness coordinator
position in the commissioner's office to help with that
vision.
Commissioner Winkelman reviewed the third bullet point on
slide 5. She relayed that DOC was striving to become a zero
suicide agency with a systemwide approach to improving
outcomes related to suicidal individuals and closing gaps.
The department partnered with American Foundation for
Suicide Prevention (AFSP) on Project 2025 [in efforts to
reduce in-custody annual suicide rates 20 percent by
calendar year 2025]. For nearly two years the DOC
facilities were below capacity. She remarked that it was no
mistake and it contributed to staff and inmate wellness;
however, it came at a cost of moving inmates and staff
around. She shared that DOC had partnered with the
Department of Public Safety to hire an investigator
specifically assigned to DOC for incidences occurring in
DOC facilities. She explained that multiple troopers/law
enforcement may respond, the single individual provided
oversight of the process and provided efficiency within the
department. She relayed that despite facing the same
workforce issues impacting all agencies, DOC had hired 166
new officers. The problem was not solved, but it was
trending in the right direction. The department processed
nearly 2,000 correctional officer applications and 710
probation officer applications in FY 23.
1:46:50 PM
Commissioner Winkelman addressed key challenges on slide 6.
She stated that the department was faced with the same
workforce challenges as others. Additionally, working
inside DOC facilities combined with social unrest around
law enforcement made the jobs tough. The department's
primary key challenge was recruitment and retention of
well-trained staff. She relayed that if DOC could fix the
retention problem it would not have to deal with the
recruitment end of things. The department was the largest
mental health provider in the state. She did not believe
anyone would disagree that sometimes prison was not the
number one place for the mental health population.
Commissioner Winkelman continued to review challenges on
slide 6. She stated that while Alaska had an aging
population, so did DOC facilities. She shared that over
half of the corrections population came with chronic health
conditions, which were often compounded by years of
substance abuse. She remarked that it was a challenge to
address the complex needs, particularly when there were
limited resources available (in facilities and upon release
from custody). The facilities were aging, and the upkeep
and infrastructure of the facilities and technology used to
help with programming and education made it challenging and
expensive to provide innovative programming. She remarked
that unfortunately the items all cost a substantial amount
of money.
Commissioner Winkelman shared that the DOC population was a
result of any changes to policy, law enforcement, the
Department of Law, public defenders, and the courts. She
stated that sometimes it was very tricky to predict. She
explained that one catastrophic case could disrupt DOC's
entire plan. For example, there was a fight in one of the
facilities the previous Friday that involved 17 individuals
and three went to the hospital. The department was
scrambling to separate individuals and move them around to
facilities. Additionally, it required calling in officers
on overtime to oversee the individuals at the hospital. She
stated that accomplishments and challenges came at a cost.
The department was working tirelessly with OMB to develop a
budget to true up the department and get it out of the
cycle of supplemental budgets.
Co-Chair Johnson referenced the 166 corrections officers
that had been hired [in FY 23]. She asked for the number of
vacant correctional officer positions.
Commissioner Winkelman replied that the department had an
overall vacancy rate of 12 percent; however, that rate was
much higher in some areas and facilities. She believed the
current vacancy rate for correctional officers was 8.7
percent (down from 10 percent a couple of weeks back).
Additional vacancy rates were over 30 percent for food
service, nearly 20 percent for probation officers, and 8
percent for medical and mental health. She highlighted that
the Spring Creek Correctional Center had a vacancy rate of
over 25 percent. She explained that a correctional officer
vacancy rate of nearly 30 percent at Spring Creek meant DOC
was transferring staff around temporarily to cover the
vacancies.
1:51:33 PM
Co-Chair Johnson asked about the number of vacant
positions.
Commissioner Winkelman replied that as of January 8 there
were 265 vacant positions.
Co-Chair Johnson asked if the 166 [new correctional
officers] had been hired into vacant positions.
Commissioner Winkelman responded that the 265 vacancies
included all positions within the department. In FY 23, the
department had 115 correctional officer separations and
hired 166 new officers.
Co-Chair Johnson asked for the current number of vacant
correctional officer positions.
Commissioner Winkelman replied about 100.
Representative Ortiz asked about the reasons for the
particularly high vacancy rate at the aforementioned
[Spring Creek] facility.
Commissioner Winkelman answered that Spring Creek was
located in Seward. She detailed that it was a maximum
facility and there was very limited housing in the
community, which was responsible for most of the vacancies.
She elaborated that about half of the staff was commuting
from Anchorage or the Kenai area on a week-on, week-off
basis.
Representative Ortiz asked if the 8 percent vacancy rate
was higher than in recent years or reflected a steady
number.
Commissioner Winkelman answered that the number was
declining slightly and the department was making some
headway. She reported that the correctional officer vacancy
rate had been 12 percent at one point during her tenure as
commissioner.
1:54:38 PM
Representative Hannan referenced Commissioner Winkelman's
statement that the department had processed 2,000
applications for correctional officers and had hired 166
individuals. She asked if the department had offered jobs
to individuals who had not accepted or if they had been
washed out in the application process.
Commissioner Winkelman answered that for the most part it
was the psychological exam that eliminated individuals from
the process.
Representative Hannan asked if the department had any
letters of agreement with bonuses and retention efforts
targeting specific facilities. For example, if a person
took a correctional officer position at Spring Creek they
would receive a bonus, whereas the position in Anchorage
would not receive a bonus. She asked how the incentives
were working.
Commissioner Winkelman responded affirmatively. She
detailed that the incentives were offered for the Spring
Creek Correctional Center and Anchorage Correctional
Complex. She shared that they had seen some headway with
regard to hiring at Spring Creek due to the letters of
agreement; however, there continued to be a substantial
vacancy rate. The department had also made a letter of
agreement with the Department of Administration pertaining
to housing. She explained that the administrative code gave
people up to 15 days to find housing in an area and DOC
asked to extend the timeframe to 120 days to give time for
individuals to relocate and have a longer time to find
housing.
Representative Josephson was receiving some correspondence
about deaths in prison, which was an ongoing problem. He
recalled former Senator Hollis French presiding over a
hearing on the topic. He asked what percentage of the
deaths were not a result of suicide.
Commissioner Winkelman would follow up with the breakdown.
She would also touch on the deaths in the system later in
the presentation.
Representative Josephson recalled correctional officers
wanting to be personally involved in the recruiting effort.
To have a couple of people paid to do so, mirroring a
recruiting unit akin to the Department of Public Safety and
the troopers. He asked if correctional officers were
involved in recruitment. He noted that correctional
officers' theory was that they knew the job and could speak
to the applicants.
1:58:18 PM
Commissioner Winkelman responded that it was up and going
and there were two correctional officers working in the
recruitment unit who were able to attend recruitment fairs
and assist with all things pertaining to recruitment.
Representative Josephson stated that sometime staff did not
want overtime and sometimes they did. He asked where the
correctional officers stood on the question of overtime. He
asked if they were frustrated or simply did the overtime
and were rewarded for it.
Commissioner Winkelman responded that anecdotally the
correctional officers were tired of it and wanted their
week off. There was a letter of agreement to pay officers
double time for their overtime. The department discovered
that the change resulted in reduced call outs because
individuals received overtime if they worked their full
workweek and DOC was mandating fewer people in. Some
individuals had become accustomed to the overtime and did
not want it to be reduced, whereas most individuals wanted
their week off.
Co-Chair Johnson acknowledged Representative Andrew Gray in
the room.
2:00:46 PM
APRIL WILKERSON, DEPUTY COMMISSIONER, DEPARTMENT OF
CORRECTIONS, turned to a chart titled "Funding History" on
slide 7. The slide showed FY 23 actuals, the FY 24
management plan, and the FY 24 supplemental. Overall, the
FY 25 budget reflected an increase of about 7.1 percent.
The FY 24 supplemental items reflected an increase of $31.8
million including a $201,000 increase to meet the medical
testing for the APSC [Alaska Police Standards Council]
certified positions (correctional and probation officers).
The budget also included a $15.5 million increase for the
institutions. The $15.5 million request was broken into an
$8 million increase replacing $7.5 million moved out of the
commodity and service line from the previous year into an
overtime allocation and a $7.5 million increase in the
personal service line. The second amount included $2.5
million to meet the 2 percent salary adjustment associated
with the correctional officer bargaining letter of
agreement that was not included in the FY 24 budget. The
remaining $5 million was associated with overtime. There
was $4.6 million in pretrial services. The presentation
would delve deeper into the amounts because DOC was
requesting an increase in the budget associated with each
of the items. The amount for pretrial services was
associated with a continued increase in utilization of the
pretrial services supervision. There was $6.6 million in
the supplemental associated with CRCs. She detailed that
DOC had increased utilization of CRCs in the community
placements. Additionally, there was a significant increase
in a contract negotiated in October [2023] that went into
effect in November [2023].
Ms. Wilkerson continued to review slide 7. There was a $3.5
million increase in physical healthcare. The department put
forward a decrement in the physical healthcare budget in FY
24; however, DOC did not achieve the savings and reduced
costs it had anticipated. Therefore, DOC was requesting
about 50 percent of the amount to go back into the budget.
There was an $8 million increase to the general funds
associated with a fund change from federal receipt
authority over to general funds specifically associated
with a reduction in DOC's federal manday billings. The
department had seen a substantial decrease in the number of
individuals the department was able to bill the federal
government for.
Representative Stapp looked at the FY 24 supplemental on
slide 7 showing federal receipts of $9 million. He remarked
that the FY 25 request for federal funds of $17.9 million
was very similar to the FY 23 actuals. He asked if the
change in federal receipt authority to general funds was
applicable in the $17.9 million in federal funding for FY
25. Alternatively, he asked if the previous occurrence had
been an anomaly.
Ms. Wilkerson answered that DOC was trying to work with the
federal government to identify whether it would be a
continuation of the reduction in federal receipts. The
department did not know the precise amount, but it would
have to reduce the federal receipt authority for FY 25.
Representative Stapp assumed the close to $18 million in
federal receipt authority [shown for the FY 25 budget on
slide 7] may not materialize.
Ms. Wilkerson agreed. She explained that DOC was uncertain
whether it would need a full $8 million adjustment in FY 25
or if it could be reduced down.
Representative Stapp asked about the 265 vacant positions.
He asked what the salary savings would be above the vacancy
factor when applied to the overtime request.
Ms. Wilkerson replied that she did not have the information
on hand and would provide it to the committee.
2:06:36 PM
Co-Chair Johnson asked for the information to be provided
to her office for distribution to the committee.
Ms. Wilkerson reviewed a pie chart showing the FY 25
operating budget by fund source on slide 8. The department
was primarily funded with general funds. Additionally, the
department's "other" funding category included funding from
the Alaska Mental Health Trust Authority (AMHTA) and
restorative justice funds. The department's designated
general funds (DGF) fund source included recidivism
reduction funds. Additionally, general fund program
receipts were collected through the cost of incarceration
and manday billings to local and municipal entities.
Ms. Wilkerson turned to a pie chart on slide 9 representing
DOC's FY 25 budget broken out by line item. Personal
services accounted for the bulk of the budget and included
benefits. The department did not have a substantial amount
of overtime budgeted; therefore, overtime worked came from
vacant positions. The services line was the second largest
line item and included fixed costs, utilities, contractual
services (e.g., halfway houses, electronic monitoring,
jails, and medical and mental health services). The travel
line was small and was primarily made up of prisoner
transports, point of arrest, field supervision, medical
travel, and temporary duty assignments where DOC moved
officers around to provide coverage.
2:08:29 PM
Ms. Wilkerson turned to a pie chart on slide 10 showing the
FY 25 operating budget request by division. Institutions
was the largest division and made up over 64 percent of the
department's budget. The Health and Rehabilitation Division
was the second largest and included programming.
Ms. Wilkerson turned slide 11 showing the services provided
by each of the department's divisions. She noted that the
Administration and Support Division included the
commissioner's office, employee wellness, and the offender
DNA program where DOC collected DNA from offenders for
qualifying charges.
2:09:31 PM
Representative Coulombe looked at the 259 permanent full
time positions under health and rehabilitation services on
slide 11. She thought most of the positions pertained to
health. She asked about the number of positions and the
amount of funding dedicated towards rehabilitation.
Ms. Wilkerson responded that about $67.5 million was
associated with physical healthcare and 174 positions. The
department could follow up with additional information
showing the breakout. She added that the majority of
services within sex offender management, the domestic
violence program, and education/vocational programs
utilized contracts where contractors provided services.
Representative Coulombe asked if the $94 million [under
health and rehabilitation services] included the contracts.
Ms. Wilkerson responded that it was the total and was not
broken out by line item on slide 11. She offered to follow
up with the information.
Representative Stapp took 2 percent from the personal
services line to estimate vacancy salary savings. He
calculated the amount to be $6 million. He imagined the
department would use the amount before requesting
supplemental funds for overtime.
Ms. Wilkerson replied affirmatively.
Representative Stapp asked how overtime hours were
allocated. He asked if the highest paid senior employees
received overtime first. Alternatively, he wondered if
overtime hours were allocated to everyone who wanted them.
Ms. Wilkerson answered that it depended on bargaining
units. Overtime hours were based on seniority within the
correctional officer bargaining unit. For the other
bargaining units, it depended on the job. She used nursing
as an example. There was a standby list and a cap on
overtime associated with nurses.
Representative Stapp asked if the decision to give the most
senior people overtime was a decision made by DOC or based
on a negotiated agreement by the Department of
Administration (DOA).
Ms. Wilkerson responded it was a negotiated agreement
between the union and DOA.
2:13:36 PM
Representative Ortiz asked how much it cost to house and
care for each individual inmate.
Ms. Wilkerson answered there was an annual cost of care
agreement was coordinated with the U.S. marshals. She
relayed it was generally a calendar year rate. The prior
rate was $176 per inmate per day. The current rate was
under review and the new rate of $202.21 per inmate per day
would go into effect on April 1.
Representative Stapp estimated the number to be $73,000.
Co-Chair Edgmon asked if the number could be broken down
per total cost above the daily operating cost. He
understood the number of prisoners at any time was a moving
number. He asked for the cost per prisoner if the budget
was in the $400 million range and there were around 6,000
inmates. He estimated the amount was several thousand
dollars per prisoner, not $100+ per day. He stated it was
not a "got you" question. He reasoned that the number would
increase if there were 3,000 prisoners instead of 6,000
because it was still necessary to account for the brick and
mortar element of the facilities. He asked the department
to follow up with a ballpark number when it provided its
other responses to the committee.
Representative Ortiz remarked that the question posed by
Co-Chair Edgmon was also the intent of his question.
2:16:27 PM
Representative Galvin stated her understanding that the
larger numbers were around 30 percent higher in one year.
She highlighted concerns over recruitment and retention,
housing, healthcare, overtime, transportation, and energy.
She remarked that it sounded similar to what the committee
had been hearing from other departments. She noted that the
unique aspect was what DOC did when someone did not show
up. She did not think it could happen because it would be
unsafe.
Commissioner Winkelman answered it involved shifting staff
from other facilities and shifting inmates. The department
was constantly looking at its staffing profile to move
pieces around to make it safe for everyone.
Representative Galvin highlighted education as another area
of service in the state's constitution. She highlighted the
problems that occurred when there were not adults in the
room, there were too many children in a room with special
needs and no paraprofessionals. She remarked on the
similarity of the challenges pertaining to recruitment and
retention, housing, healthcare, and overtime. She stated
that scaling did not work when there was one facility with
numerous needs and another with fewer needs. She noted that
it was not feasible to just close a facility down. She
believed it was a puzzle that needed to be talked about.
She stated that that particular part of the budget did not
come up in "this body." She thought it was important to
understand because it was another area that required
skilled workers with Alaskans. She asked about mental
health. She recalled a conversation in her office about the
time spent intaking prisoners and whether the department
had the time and resources to identify those individuals
with mental health needs. She wondered what DOC had done to
ensure it could identify individuals with mental health
needs at intake.
2:20:24 PM
Commissioner Winkelman answered that the intake process was
a matter of substantial questioning during a time that a
person may not be at their best and may not divulge
everything that's going on. Intake involved a physical and
written assessment of the individual in addition to trying
to connect with outside resources. She believed the
department did the best it could with the information
provided. She referenced a previous slide where she
addressed working with the Foundation on Suicide
Prevention. One of the key objectives with the group was to
identify gaps in the screening process. She was confident
the department was making headway but it was not balanced
with the incoming volume.
2:22:08 PM
Representative Josephson shared that the past fall his
office had tried to get detailed information about when an
inmate was entitled to exams that should be done at the
interest of the individual. His office had been directed to
a manual that was difficult to find, which included the
model code specifying when an inmate should be entitled to
colonoscopies, mammograms, and other tests. He had heard
that an inmate had been denied a colonoscopy because they
were told it was too expensive and had to be done out of
the prison. He was looking for something concrete as to any
number of basic services provided in the modern world such
as the aforementioned examples.
Commissioner Winkelman deferred to a colleague on the
phone.
2:23:55 PM
Representative Josephson restated his question.
DR. ROBERT LAWRENCE, CHIEF MEDICAL OFFICER, DEPARTMENT OF
CORRECTIONS (via teleconference), responded that in general
the department was responsible for paying for essential
healthcare for inmates. He clarified that it did not mean
DOC provided Cadillac healthcare or any care a person could
otherwise afford in the community, but it also meant DOC
did not provide deficient care. He elaborated that DOC
would pay for and arrange for any care required to prevent
the onset of illness or to prevent a deterioration in
health during the person's incarceration. The types of
screening care to prevent the onset of illness included
colonoscopy and many other forms of care. The department
had basic guidelines in place that followed national
guidelines to ensure individuals received age appropriate
care. There may be discrepancies between what was
recommended for certain age groups depending on which
national agency was followed. The department did its best
to ensure Alaskans were receiving care recommended for
their age in the most cost effective way.
Representative Josephson requested a table showing the
included services.
2:27:16 PM
Ms. Wilkerson turned to slide 12 titled "FY2025 Major
Operating Budget Changes." The slide reflected an $11
million increase to the personal services line associated
with the increase in retirement rates, health insurance,
and collective bargaining unit salary adjustments for
correctional officers, human resources, and GGU [general
government unit] positions. The amount included an increase
of about 2.5 percent associated with the 2 percent salary
adjustment that was inadvertently left out of the FY 24
budget. The amount would be added to the base budget for FY
25.
2:28:21 PM
Ms. Wilkerson turned to slide 13 and continued to review
major operating budget changes. The slide showed an
increase of $5.45 million within the 13 institutions. She
elaborated that the amount would go to the contractual and
commodity line. The FY 24 budget had an increase of $7.5
million that was transferred out into an overtime
allocation. The $5.45 million would replace a portion of
the $7.5 million and was specifically associated with the
cost of operating institutions such as utilities, increased
costs associated with institutional supplies such as food,
clothing, bedding, security, uniforms, and maintenance
needs within institutions.
Co-Chair Johnson looked at slide 13 and asked if the Palmer
Correctional Center or Mat-Su Correctional Center reflected
Mat-Su pretrial.
Ms. Wilkerson answered that they were two different
facilities. She explained that the Mat-Su Correctional
Center or pretrial center was located in downtown Palmer
and the Palmer Correctional Center was located in Sutton.
Co-Chair Johnson asked for verification that the Mat-Su
Correctional Center was the Mat-Su pretrial facility.
Ms. Wilkerson responded affirmatively.
Representative Coulombe asked if the $7.5 million used in
FY 24 was supposed to go to overtime, but it had been used
and subsequently DOC started using the commodities line.
She was unclear what the $5.45 million was for [shown on
slide 13] and how it related to the $7.5 the previous year.
Ms. Wilkerson responded that the $7.5 million was
originally in the commodity and contractual line within the
institutions in the FY 24 budget. Working through the
legislative process, the funding had been moved into the
overtime allocation. The FY 24 supplemental showed that DOC
needed the money back in the contractual and commodity
lines to meet the cost of operating the institutions. The
[$5.45 million] increment request would replace a portion
of the $7.5 million.
2:31:10 PM
Representative Coulombe looked at the box on the right of
slide 13 showing the institutional authority increase by
facility. She asked if it reflected money going to the
commodity line or overtime.
Ms. Wilkerson answered that the money was going into the
commodity and contractual lines.
Representative Coulombe asked for verification that the
money was needed because it had been moved from commodities
in FY 24 and was spent on overtime.
Ms. Wilkerson agreed.
Co-Chair Edgmon referenced community jails. He remarked
that institutions listed on slide 13 had seen requests for
fixed costs. He asked if it was reasonable to expect that
community jails vis--vis local governments facing similar
increased costs would see an increase commensurate with the
rest of the department.
Ms. Wilkerson responded affirmatively. She noted that the
director of Pretrial, Probation, and Parole was continuing
to work on the standards and budget allocation. The
department anticipated there were some fixed costs that
would have to be readjusted through the process.
2:32:45 PM
Co-Chair Edgmon asked what it meant. He asked if there
would be an increase in funding from the state to local
community jails.
Commissioner Winkelman responded that that the goal was
that the working group would come up with a budget template
for each community jail in the current year. She stated
there were many unknowns currently. She knew there was need
and requests likely to come through, while at the same
time, some community jails were not used very much. The
work group was trying to figure out how the budget was
divided between the 15 community jails. She did not know
whether the work group would ask for additional funding or
direct a larger portion of funding to those needing funding
and a smaller portion of funding to those that were not
being utilized.
Co-Chair Edgmon asked if it was conceivable there could be
a supplemental request for community jails in FY 25. He
asked for verification that there could be an uptick if all
15 of the community jails utilized the local services.
Commissioner Winkelman answered, "Conceivably yes."
2:34:36 PM
Representative Tomaszewski assumed all of the prisoners in
the state's jails were Alaskan residents. He asked if there
were currently any inmates from out of the state or
country.
Commissioner Winkelman replied that she would have to
follow up. She explained that if someone was brought in by
immigration they were considered part of the federal holds.
She detailed that there were currently just under 200
federal inmates and the department charged the federal
government for those individuals. The department would have
to do a poll on whether any of the individuals were
citizens from outside of Alaska.
Representative Tomaszewski stated that $450 million was a
lot of money. He asked if the prisoners were doing anything
to generate revenue for the state to pay their own way. He
used making license plates as an example.
Commissioner Winkelman responded that they were not doing
what they used to do with regard to license plates and
furniture. She explained it had to do with some of the
private businesses being in competition with the inmate
population. The inmate population was currently farming at
Point MacKenzie [Correctional Farm] and the hope was to
expand the program even for the local communities. The
department was working with employers in the community on
where it could help provide inmate labor for the positions
they were having difficulty with. For example, DOC had
recently been in conversations with Bell's Nursery in
Anchorage. The department was looking at utilizing the
inmate workforce for things that were costing the state in
other areas. Additionally, the department was doing
educational and vocational training within its facilities.
2:37:13 PM
Co-Chair Johnson recalled that before COVID-19 there had
been a big push in the building to pass the governor's
legislation to increase penalties for sexual offences in
addition to changes related to DOC. She believed that
because of those changes there would be an increase in the
prison population. She recalled the topic had seemed to
consume an entire session. She considered that perhaps the
pandemic was the reason the increase had not come to
fruition. She stated there had been a big fiscal note and
somehow the funding had been included in the base budget.
She asked for comment from the department.
Commissioner Winkelman answered it had been somewhat of a
perfect storm on trying to determine. She explained that
the prison population had not grown as much as the
department thought it would as a result of some of the
legislation. Anecdotally, the department was seeing
individuals come in with much more serious charges for much
longer stays. She listed potential reasons including court
backlogs, complicated cases, complicated mental health
concerns related to the cases. She informed the committee
that three-quarters of the sentenced population were in
custody for a crime against a person or a sex offence.
There had been some wiggle room to move inmates around
because capacity was running at about 84 percent. She
reiterated it had been a perfect storm. She detailed that
HB 49 passed and then COVID-19 hit, which resulted in
reduced contact of law enforcement in the communities and
backlogs in court. The department had anticipated that
courts would reopen and there would be a flood of
sentencings; however, that had not been the case. She
suggested it could be a result of more complicated cases
dragging on for significantly more time because there was a
mixture of reasons the individuals were in the prison
system. She stated there were many very different reasons
driving the prison population.
Co-Chair Johnson noted that without fail all of the budgets
seemed to always be increasing. She was trying to find some
explanation and way it could be changed.
Representative Stapp observed it looked like it would cost
the state about $78,000 per inmate per year based on the
new daily rate. He relayed that he had checked the daily
rate in numerous other states and those rates ranged from
$28,000 to $34,000 per year per inmate. He remarked that in
the past Alaska had outsourced its prisoners to Arizona. He
asked why the practice had stopped. He vaguely recalled the
state receiving hardened criminals back. He wondered if the
department had looked into the policy again. He remarked on
the escalation of cost drivers and thought the cost would
likely be over $100,000 per prisoner per year in several
years' time. He wondered if the state should be thinking
about alternatives.
2:41:54 PM
Commissioner Winkelman answered that the state had opened
the Goose Creek Correctional Center and brought prisoners
back to the state. There had been a lot of conversations
regarding bringing back hardened criminals with more of the
gang affiliations. The department had not talked about
gsending prisoners out or shuttering a facility.
Representative Stapp asked what the state used to pay the
State of Arizona per prisoner in the past.
Ms. Wilkerson believed the cost in Arizona had been just
under $100 per day when the state had removed its
prisoners. When the state moved prisoners to Colorado the
cost had been around $115 to $125 per day in addition to
outside medical costs.
Representative Stapp asked for verification that the cost
was increasing to $204 per day in Alaska.
Ms. Wilkerson answered, "Yes, just under that." She added
that when the state had brought prisoners home from
Colorado in 2013 it was an increase of about $30 per day to
house them in Alaska. She stated the cost between Colorado
and Alaska had been pretty comparable at that time.
2:43:45 PM
Representative Josephson relayed that his office had been
tracking what he viewed to be a positive development on the
competency and commitment reform front. He elaborated that
DOC had elected to take 10 individuals that would be
screened for their competency to stand trial. He wondered
whether the costs were factored into a budget component. He
understood it was a physically separate area.
Commissioner Winkelman believed Representative Josephson
was talking about a partnership between DOC and the Alaska
Psychiatric Institute (API) related to restorative
competency for standing trial. She could not speak to the
separate cost and how the agreement worked. She deferred to
a colleague to address the funding component.
2:44:53 PM
TRAVIS WELCH, DIRECTOR, HEALTH AND REHABILITATION SERVICES,
DEPARTMENT OF CORRECTIONS (via teleconference), answered
that the department would have to follow up in writing. The
partnership was in the beginning stages of the project with
API in terms of the jail-based restoration component.
Representative Josephson stated he was also interested in
whether the program required any additional training or
certification. Separately, he asked what percentage of
inmate deaths were a result of suicide. He asked what the
department proposed to do to mitigate the deaths.
2:46:19 PM
Ms. Wilkerson turned to slide 14 reviewed the remaining
major operating budget changes in FY 25. The first item was
for pretrial services associated with the increase in the
usage by the courts of placing individuals into the
community on pretrial supervision. The costs had increased
over the past several years and the department had been
able to absorb them until the FY 22 and FY 23 budgets when
DOC began requesting a supplemental. The department had
expected that once the courts returned to full operation
there would be a decline in the number of individuals
placed in the program; however, that had not been the case.
Subsequently, DOC was requesting funding to increase the
budget to accommodate the cost.
Ms. Wilkerson moved to the second item on slide 14. She
detailed that $3 million of the $5.7 million increment for
CRCs (halfway houses) was associated with an increased
contract with the Juneau halfway house. The remainder was
associated with the utilization. She noted there were five
other contracts up for renegotiations currently under
review. The contract term ended May 31 and the department
was hoping to realign its contracts to a more equitable
funding; however, DOC was uncertain what to expect due to
the substantial increase in the Juneau contract. The
department had increased its utilization of CRCs and over
400 individuals were currently placed in halfway houses.
Ms. Wilkerson moved to the third item on slide 14. The
request pertained to healthcare cost increases and
reflected 50 percent of the reduction taken by the
department in FY 24. The department was requesting the
amount [of $3.75 million] to be returned to the base budget
due to increased healthcare costs. She detailed that some
of the contracts had increased substantially, and some were
30 to 50 percent less. The department was unable to meet
the full decrement it took in the FY 24 budget.
2:48:53 PM
Representative Coulombe asked if Ms. Wilkerson stated that
the healthcare cost was reduced in FY 24.
Ms. Wilkerson agreed. She explained that DOC took a $7.5
million reduction in Health and Rehabilitation Services in
FY 24.
Representative Coulombe asked if the reduction had come
from the legislature, the executive branch, or a proposal
by the department.
Ms. Wilkerson responded that DOC had proposed the
reduction. The department felt that based on several items
it put into place including the 340B pharmaceuticals
pricing program and implementation of dialysis that it
could take the decrement. However, it did not turn out to
be the case moving into FY 25 and the department could not
meet the entire decrement.
Representative Coulombe stated that she did not know of
anyone who would project a decrease in their healthcare
costs. She had been surprised the department thought it
could happen. She asked if the increased cost under the CRC
increment [slide 14] was related to Juneau.
Ms. Wilkerson answered that $3 million of the $5.7 million
was for the Juneau contract.
Representative Coulombe asked if it was a halfway house.
Ms. Wilkerson responded affirmatively.
Representative Coulombe asked about the reason for the
increase.
Ms. Wilkerson replied that the contracts lasted for a five-
year period. The department did not allow the reopening of
the contracts to negotiate for inflation to meet the
increased cost of food or other items. The current increase
was a result of that with built in inflation.
2:51:04 PM
Representative Stapp asked how many people were currently
in Alaska prisons for life sentences.
Ms. Wilkerson would follow up with the information.
Co-Chair Edgmon recalled from his time as the DOC
subcommittee chair that it was a relatively small number in
terms of the overall population of around 6,000 inmates.
Ms. Wilkerson agreed with the statement made by Co-Chair
Edgmon. She moved to the request pertaining to medical
testing for and travel cost related to testing for
correctional and probation officers [slide 14] as required
by the Alaska Police Standards Council. The department was
looking at deferring individuals with prior military
service to the Veterans Administration (VA) clinic for the
testing. The department had been in contact with the VA
clinic, which was willing to take on the applicants.
Additionally, the department had renegotiated its contract
to allow for individuals out of state to not require use of
the contractor. The department would coordinate out of
state medical with individuals' local provider or VA
clinic.
Ms. Wilkerson addressed the last bullet point shown on
slide 14. The item reflected the department's increase in
utilization of the electronic monitoring (EM) component.
The department was placing more individuals out on EM, and
it saw an increase in FY 24. She shared that in July [2023]
there were 207 on sentenced EM and as of January 2024 the
number increased to 238.
2:53:21 PM
Representative Coulombe remarked that the same request had
been included in the supplemental the previous year for 221
individuals. She recalled there had been an operational
change and the department had not anticipated having so
many people on EM. She wondered if the operational change
had occurred. She asked why the number was increasing when
the previous year DOC anticipated the number would
decrease.
Commissioner Winkelman responded that the conversation the
previous year pertained to individuals on EM under pretrial
supervision. She elaborated that the department had
anticipated the courts would open fully and begin
sentencing individuals, meaning they would no longer be on
EM; however, that had not been the case and the situation
had been continuing. She referred back to her earlier
statement about there being a perfect storm where
individuals were not taking up a hard bed and were left on
EM for a significantly longer time; however, there was a
fee associated. She noted it separate from the rising costs
associated with the use EM (instead of a jail bed) for
sentenced individuals.
Representative Coulombe asked if the increment was in the
base budget.
Ms. Wilkerson responded that the department was requesting
to add the amount to the base.
Ms. Wilkerson moved to slide 15 and continued to review
fund source changes in the FY 25 budget. The item would
replace $12.5 million of restorative justice funds with
general funds associated with the reduction in the
Permanent Fund Dividend (PFD) criminal funds. She
elaborated that $6.8 million of the amount was decremented
throughout the 13 institutions and $5.68 million was
decremented and replaced with general funds within the
physical healthcare component. The change would leave a
balance of about $7.8 million of restorative justice funds
within the physical healthcare component.
Co-Chair Johnson asked if it was because the PFD went up
and down each year, but it always remained the same or
increased in the budget.
Commissioner Winkelman agreed. She detailed that as the
amount and the number of individuals deemed ineligible [for
a PFD] fluctuated, the amount available for allocation also
changed.
Co-Chair Foster stated that the previous year the PFD was
around $3,500. He assumed the item was reflecting a smaller
PFD. He asked what [PFD] number had been used.
Ms. Wilkerson responded there was a memorandum and
allocation sheet generated by the Permanent Fund Dividend
Division through the Office of Management and Budget (OMB).
She would provide the information to the committee. She
relayed that they were two years behind in the budget;
therefore, the item would be based on the $1,600 or $1,300
amount.
2:57:14 PM
Representative Hannan asked about healthcare cost increases
on slide 14 related to a dialysis unit. She understood
healthcare cost savings had not been achieved in other
areas. She asked if the department had been able to reduce
costs of care in the dialysis unit. She asked how many
other locations there were where inmates had to receive
outside dialysis.
Ms. Wilkerson answered that she did not have the numbers
and would follow up in writing.
Commissioner Winkelman addressed goals and objectives on
slide 16. She shared her three primary goals beginning with
the health and wellbeing of staff. She relayed that if she
could get trained staff, it would be easier to budget and
easier to take care of individuals in the department's care
and custody. The second goal was for those in DOC's care
and custody to leave better than they came. She realized
the state was safer because some of the individuals were in
DOC's custody; however, the bulk of the individuals would
get out of prison and DOC wanted them to be healthier, so
they did not return. The last goal was trying to identify
efficiencies and resources within DOC's system and giving
individuals tools to use on the outside so they did not
return.
Commissioner Winkelman ended the presentation with
discussion on inmate deaths. She stated that in 2022 there
had been a record number of deaths of 18 individuals. In
2023, the number had decreased to 10 individuals and 10
percent were suicides. There had been four deaths in 2024,
which was a huge number. She assured committee members that
the four deaths were completely different circumstances and
happened at all different facilities and hospitals. She
relayed that the department dealt with critical incidents
within its facilities with equal importance. She
underscored that her team spent countless hours every time
a critical incident occurred. She noted that critical
incidents included deaths and other situations. The
department worked with the individuals in its care day-in
and day-out with correctional officers standing guard 12
hours per day. She noted they were someone's son, daughter,
and friend. She elaborated that guards spend substantial
time doing CPR while waiting for emergency medical services
to show up. She emphasized that it was a very heavy topic
for DOC and it was working hard on the back end. She
expounded that an internal investigative review team was
dispatched out for every incident that occurred. The teams
reported to the executive team on any improvements that
could be made. She assured the committee that the
department wanted to be the best it could be and take care
of individuals the best it could.
Commissioner Winkelman relayed that thanks to the
legislature the department was assigned a Department of
Public Safety investigator. Additionally, the department
had a medical examiner. She stated that unfortunately
because DOC was an extension of a medical facility it was
bound by the Health Insurance Portability and
Accountability Act (HIPAA), meaning there were things that
could not be shared related to personnel and potential
ongoing litigation. She stated there were pieces she wanted
to be able to talk about to the legislature but was unable
to do so. She stated, "We become sort of that small
community of what's out in the community." She assured the
committee it impacted everyone at DOC every day.
Commissioner Winkelman communicated that DOC posted
aggregate data on deaths at the end of the year. She stated
that if the department was fortunate enough to only have a
couple of deaths and the suicide number changed, the public
could know the last death was a suicide; therefore, out of
protection of the family, the information was not given
out.
Commissioner Winkelman highlighted that the department also
had saves every day. She stated there were really good
things happening and sometimes it was not quantifiable. She
elaborated that an example included a conversation that may
have changed the direction an inmate was going. She
stressed the topics were heavy on a daily basis at a time
when DOC was trying to figure out budget efficiencies and
to put things into place to help some of the unhealthy
mental and physical state of inmates in its care and
custody. The department was working hard with Project 2025
to reduce suicides within its facilities by 20 percent. She
remarked that she would like to think DOC met that goal in
the first year by going down to 10 percent. The department
was partnering with the American Foundation for Suicide
Prevention to identify gaps in the system. The department
was constantly talking about installing jump barriers,
larger windows in certain doors, and things recommended to
better care for the population. She shared that the
department had a pilot project working on tablets and she
hoped to potentially provide telehealth and additional
education opportunities for the prison population to drive
down cost and some of the unhealthy thoughts that may exist
with the population. She lauded her staff who worked
tirelessly on the topics daily.
3:04:32 PM
Co-Chair Johnson asked for the recidivism rate and whether
it was trending up or down.
Commissioner Winkelman answered that she did not have the
number on hand, but it was trending down very slightly. She
explained that by statute recidivism rates were compared
every three years; therefore, the slight downward trend
compared current numbers to the rate three years ago. She
relayed that where the number landed would be something to
be watching going forward. She stated it was a challenge to
compare to other states when there were certain crimes
considered such as probation or parole violations that may
not be considered in a recidivism rate in another state.
She stated recidivism was tricky because she saw success
sometimes when an individual returning to the system did
not create a new victim.
Co-Chair Johnson asked for status on the Lemon Creek
Facility [in Juneau].
Ms. Wilkerson responded that the contract had been awarded.
She relayed that the department was working with the
Department of Transportation and Public Facilities (DOT);
construction had not yet started, and DOC was expecting it
to start likely by the end of March. The department had
already identified it was short on funding and it would be
seeking some additional funding to continue the work. She
relayed that DOT and the contractor were working diligently
to try to ensure the floor could be salvaged. She explained
that the floor had in-floor heating and settling of almost
two inches had occurred, meaning the floor may not be
salvageable. There had been a delay in the contract due to
additional settling occurring on the west side of the
building. In response, DOC brought the contractors in to do
more ground penetrating radar to ensure all of the areas
and issues had been identified prior to awarding the
contract. The department currently expected construction to
be completed by the end of the calendar year with occupancy
within three months following completion.
3:08:20 PM
Co-Chair Edgmon remarked that questions on trend analysis
had been asked every year he had been in the legislature
and the analysis was very difficult to do. He referenced
broader demographics, homelessness, and crime statistics.
He referenced Representative Josephson's broader question
about the number of deaths that had occurred. He asked if
there was more or less a profile of a person who dies in
prison such as an older inmate in for misdemeanor offences.
He considered minority status and other things. He knew
Commissioner Winkelman had personally invested herself in
the issue and he commended her for it. He thought it seemed
there was a certain profile of an inmate that dies that
could be provided.
Commissioner Winkelman answered that the department could
break down some numbers and provide information to the
committee. She stated there had not necessarily been a
rhyme or reason in terms of deaths. The deaths happened at
different facilities, different times of the day, and to
individuals of varying ethnicities. Her goal had been to
identify exactly what was going on; however, that had not
been the case. She shared that nearly 30,000 people came
through DOC's doors annually. She referenced an aging and
unhealthy population and noted that even the younger
inmates under the age of 30 should not have chronic medical
conditions; however, compounded years of substance abuse
resulted in in deteriorated health beyond a person's years.
She offered to follow up with a more detailed breakdown of
where there was not a lot of rhyme or reason to the
population and how it involved different times of day,
different genders, and different reasons. The department
had devoted time to try to target where deaths were taking
place. She relayed that 50 percent of the natural deaths in
2023 were end of life care. She detailed there were 10
deaths in 2023, eight of those were natural, and four of
those were end of life care. Additionally, there was a
small group of individuals who were spending a substantial
portion of their lives in custody and were receiving end of
life care similar to hospice in the DOC facilities. She
added there was an increasing dementia population as well.
3:13:21 PM
Representative Stapp appreciated the presentation and
thanked the department. He noted that he had not heard any
cost containment or cost reduction strategies in the
presentation. He highlighted the growth of the department's
budget since 2019. He hoped DOC would explore some of the
measures and look at best practices. He discussed hearing
from educators and parents that music and after sports
programs were being cut and constituents wondering why the
legislature did not deliver a statutory PFD. He did not
want to tell them sorry, but the state had to spend
$100,000 per year jailing a person who dealt fentanyl to
kids resulting in many of their deaths. He wanted the
department to help the legislature find ways to contain
costs and control measures so that he did not have to tell
constituents the state "spent all of this money on housing
a fentanyl dealer."
3:14:57 PM
Representative Galvin thanked the presenters. She discussed
cost containment items she thought the department may
already be doing. She had heard from "the justice" the
other day that the state was doing less with travel, which
was a very expensive piece of the work according to staff
at the Court System. She asked if the department had
considered site care and other things done virtually. She
thought it was the time to work on recidivism, the death
count, and addiction. She thought delivering services
virtually was a great way to contain costs and meet the
department's mission to provide confinement and reformative
programs, and a process of supervised community
reintegration to enhance safety of the state's communities.
She remarked she had been unable to find the specific
mission in the constitution, but she thought whatever DOC
had done to it was great. She thought it was a great way to
reach the goals of the department and legislature.
Commissioner Winkelman appreciated the comments by
Representative Galvin and responded to Representative Stapp
that his point was definitely taken. Measures were being
taken and the department would make a better effort at
providing them in the future. The department was working
with the Alaska Court System on enabling inmates to have
the ability to attend court hearings no matter where they
were located in the state. She believed virtual attendance
was what Representative Galvin may be referring to, which
would provide less transportation and lessen security risk.
The department was getting a pilot program going in order
to utilize tablets in its facilities. In the future, if
legislation passed, the department could look at using
measures such as telehealth.
3:17:50 PM
Representative Hannan requested a breakdown showing
sentenced versus unsentenced in the inmate death statistics
the department would provide. She thought legislators often
heard more about the unsentenced versus natural causes in a
long-term inmate. She appreciated the cost containment
efforts such as the dialysis unit where over a period of
years DOC knew its population was frequently hepatitis B or
C positive. She understood it was not a silver bullet and
whether the one element could be contained, care for
inmates was still very expensive. She appreciated the
follow up by the department communicating that healthcare
costs had not been contained as much as it anticipated.
Representative Coulombe looked at slide 16 showing goals
and objectives. She asked if the department had specific
measurements when looking at goals and objectives. For
example, she wondered how the department was measuring the
health and wellbeing of staff. She thought it seemed pretty
broad. She thought it was important, especially in the
department's line of work and especially given the
discussion earlier in the meeting about how it was hard to
compare recidivism.
Commissioner Winkelman agreed that the goals and objectives
were broad. She stated that in her opinion, if she could
get her vacancies filled and there were fewer people
leaving for reasons other than retirement, it indicated
staff needs were being met. She noted that overtime rates
and budget would decrease as a result. She addressed the
second goal on slide 16 for inmates to leave the system
better off than when they entered the system. She could
provide specifics with regard to measuring the idea that
people were coming out with a certification or some sort of
education or vocational training, GED, or professional
licensing program such as barbershop. She emphasized that
the department could always do better. She thought it was
indicative of getting down to what caused a person to come
back. She stated that the department could give lots of
certificates and things, but if it was not helping
individuals on the outside and they were winding up back in
custody, it was perhaps not the right measurement tool. The
department tracked the number of individuals in certain
programming, whether they were completing it, whether they
were coming back, and whether they were utilizing it when
they leave. She reported that only 25 percent getting out
of custody went on to probation or parole, while 75 percent
were released. She explained that whether or not
programming was successful during a person's custody was
only based on whether they returned to custody or not.
Representative Coulombe suggested that the goal or
objectives needed to be measurable. For example, the
department could track the number of people getting
certificates and the number of correctional officers who
stayed longer than three years. She noted that legislators
were only looking at the department's budget once a year to
determine whether what the department was doing was
working. She reasoned that a goal that was not measurable
made it difficult for the legislature to determine whether
to continue funding something. She thanked the department.
Commissioner Winkelman answered that she had thought she
would like to change the title to guiding principles and
within the principles there would be specific goals to
reduce recidivism by a given amount and have a given number
of inmates graduate from "x" program. She appreciated the
comments.
Co-Chair Johnson thanked the presenters.
HB 268 was HEARD and HELD in committee for further
consideration.
HB 270 was HEARD and HELD in committee for further
consideration.
Co-Chair Johnson reviewed the schedule for the following
day.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HFIN - DOC FY2025 BUDGET Overview 2.12.24.pdf |
HFIN 2/12/2024 1:30:00 PM |
HB 268 HB 270 |
| DOC Overview Response to Q HFIN 2.12.24.pdf |
HFIN 2/12/2024 1:30:00 PM |
HB 268 |