Legislature(2021 - 2022)BARNES 124
03/22/2022 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Presentation: Department of Corrections | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
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| + | TELECONFERENCED | ||
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NICEALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 22, 2022
8:03 a.m.
MEMBERS PRESENT
Representative Sara Hannan, Co-Chair
Representative Calvin Schrage, Co-Chair
Representative Josiah Patkotak, Vice Chair
Representative Harriet Drummond
Representative Mike Prax
Representative Ken McCarty
Representative Kevin McCabe
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION: DEPARTMENT OF CORRECTIONS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
KELLY GOODE, Deputy Commissioner
Office of the Commissioner
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation on the Department of Corrections.
JEN WINKELMAN, Director
Division of Pretrial, Probation, and Parole
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation on the Department of Corrections.
JEFF EDWARDS, Executive Director
Parole Board
District Probation Offices
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation on the Department of Corrections.
APRIL WILKERSON, Director
Division of Administrative Services
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Provided information during the
presentation on the Department of Corrections.
LAURA BROOKS, Director
Division of Health and Rehabilitation Services
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation on the Department of Corrections.
ACTION NARRATIVE
8:03:03 AM
CO-CHAIR CALVIN SCHRAGE called the House Community and Regional
Affairs Standing Committee meeting to order at 8:03 a.m.
Representatives Patkotak, Drummond, Hannan, and Schrage were
present at the call to order. Representatives McCarty, McCabe,
and Prax arrived as the meeting was in progress.
^PRESENTATION: Department of Corrections
PRESENTATION: Department of Corrections
8:03:32 AM
CO-CHAIR SCHRAGE announced that the only order of business would
be the Department of Corrections presentation.
8:04:09 AM
KELLY GOOD, Deputy Commissioner, Office of the Commissioner,
Department of Corrections (DOC) co-presented a PowerPoint
presentation, titled "Department of Corrections" [hard copy
included in committee packet].
8:05:17 AM
JEN WINKELMAN, Director, Division of Pretrial, Probation, and
Parole, Department of Corrections, co-presented a PowerPoint
presentation, titled "Department of Corrections" [hard copy
included in committee packet]. She explained that the pretrial
service program, established in 2018, has pretrial service
officers who are responsible for completing risk assessments
with release recommendations and providing supervision for
defendants placed on pretrial. The court may order electronic
monitoring (EM) as a part of the release conditions. She said
2,600 people are under community supervision and 1,600 are under
electronic monitoring. EM equipment has increased by 98.4
percent in the last three years. Pretrial Electronic Monitoring
devices include GPS bracelets, radio frequency bracelets, and
alcohol detecting devices.
8:08:51 AM
MS. WINKELMAN, in response to committee questions, attributed
the growth of EM equipment to the COVID-19 pandemic and will
continue to be used. Based on risk assessment, the EM system is
a great tool for the DOC to use based on the decreased rate of
repeat offenses and increased likelihood of court attendance;
though there are some instances were clients remove the
bracelets and are repeatedly put through the EM system despite
previous bracelet damage or removal.
8:16:40 AM
MS. WINKELMAN explained that there would be concerns about space
availability at corrections facilities if the EM system was
optional or had a rental rate and replacement rate put upon the
client. She pointed out that it costs $176 per day for a "hard
bed." With EM, people on pretrial can still work and support
their families. Courts perform a risk assessment to determine
if a candidate is eligible for an EM device. There are many
factors that are considered to determine EM eligibility.
8:23:31 AM
MS. GOOD responded to committee questions and said there are
currently no laws or statutes that address damage inflicted on
EM bracelets. Whether or not an offender could make bail, EM is
utilized in lieu of excessive bail. A speedy trial is at the
hands of the courts, and offenders are using EM for longer
periods compared to before the COVID-19 pandemic.
REPRESENTATIVE MCCABE suggested making a law that if an EM is
damaged or cut off, then a charge would be inflicted.
8:32:00 AM
MS. WINKELMAN said that EM is available across the state.
8:34:48 AM
JEFF EDWARDS, Executive Director, Parole Board, District
Probation Offices, Department of Corrections, co-presented a
PowerPoint presentation, entitled "Department of Corrections"
[hard copy included in committee packet]. He discussed the
discretionary parole process on slide 7. The time accounting
record provides the discretionary parole eligibility date and
the projected mandatory release date. Not all incarcerated
Alaskans are eligible for discretionary parole. The board
reviews case plans at parole hearings and makes program and
treatment referrals based on assessment.
MR. EDWARDS moved to slide 8 and said eight to ten weeks before
the parole board visit, institutional parole officers (IPOs)
provide applications for discretionary parole. Six weeks before
the Parole Board visit, inmate applications are due to IPOs.
Two weeks before the Parole Board visit, the IPO submits a
completed case plan. The IPO reaches out to the victim's family
to help guide them through the process. The parole hearing is
about 30 minutes long with three to five members of the Parole
Board present.
8:41:32 AM
MR. EDWARDS, in response to Representative Hannan, said that in
2019 there were about 900 discretionary parole hearings. In
2020, there were just over 200 parole hearings. He mentioned
legislation that made discretionary parole eligibility more
limited.
8:46:11 AM
MS. GOOD explained in response to committee questions, that IPOs
work for the DOC and report to the superintendent of the
institution they are employed with. They work within the
institution for the purpose of working directly with inmates.
She explained that victim notifications via the IPOs come into
play once the perpetrator is within the DOC system, not during
the indictment process or before incarceration.
8:49:45 AM
MR. EDWARDS discussed the effects of the COVID-19 pandemic on
discretionary parole on slide 10. She noted that hearings were
conducted via video conferencing. There was a pause in some
programs, but it didn't impact the discretionary parole
decision-making process. During the COVID-19 pandemic, 69
percent of those eligible for parole completed precondition
programs like alcoholics anonymous or other substance abuse
programs. He said 29 percent failed to complete necessary
programs due to their own behaviors or choice and 2 percent are
on a treatment waitlist. He responded to Representative Hannan
and said that there are four decision-making criteria that are
mandated by the legislature and are used to determine parole
eligibility for each case. Release decisions are taken very
seriously. There is an internal policy within the Parole Board
that if an individual has a long enough sentence, if parole is
denied, there will be an opportunity to reapply in 10 years.
8:59:03 AM
MR. EDWARDS responded to Representative McCabe and said that
video conferencing may have had a small impact on the reduced
rate of discretionary parole. He agreed that there was no
significant difference in the parole board's actions because of
new legislation or COVID-19 pandemic teleconferencing needs.
9:03:26 AM
MS. GOOD said that visitation is now available at all
facilities. Contact visitation is not yet permitted but is
expected to reopen soon.
9:04:58 AM
APRIL WILKERSON, Director, Division of Administrative Services,
Department of Corrections, referenced slides 12 and 13 in the
PowerPoint presentation, titled "Department of Corrections." In
Fiscal Year 2021 (FY 21) the total number of overtime hours
worked was 337,817. Critical support staff includes
maintenance, food services, laundry services, administrative,
and criminal justice technicians. Overtime for critical support
staff included 14,963 hours for FY 21. The primary drivers for
overtime included, COVID-19 pandemic impacts, high employee
turnover, scheduled and unscheduled leave, retirements, and
position vacancies in important roles. She gave an example of
facilities that need to contract out food services and during
the gap in service, the superintendent and other administrative
staff stepped in to assume food service roles. Even though
there are inmate workers, oversight is needed.
9:08:31 AM
MS. WILKERSON said there has been an increase in overtime during
the COVID-19 pandemic and in prior years there hasn't been a
budget for overtime. Premium pay, which includes holiday hours,
overtime from excess hours, and overnight shifts, is budgeted
just under 2 percent.
9:11:10 AM
MS. WILKERSON explained to Representative McCabe that overtime
hours will always be needed. Even if institutions were more
appropriately staffed, those individuals who seek overtime hours
will still be able to get them. Overtime availability is based
on seniority.
9:14:30 AM
LAURA BROOKS, Director, Division of Health and Rehabilitation
Services, Department of Corrections, continued on slide 15 of
the PowerPoint presentation, titled "Department of Corrections."
She said that although not all programs are back up and running
since the COVID-19 pandemic, they are expected to be fully
operational soon. There is a statutory requirement and
responsibility to provide physical healthcare and mental health
services. Slide 15 shows a list of the services that are
provided. She said 65 percent of the offender population have a
diagnosed mental health disorder. Of those, 22 percent have a
serious and persistent mental illness such as schizophrenia or
bi-polar disorder. About 80 percent of the incarcerated
population qualify to be mental health trust beneficiaries.
About 75 percent of the female population have histories of
sexual victimization. Most resources have been utilized in
crisis intervention and stabilization.
9:18:55 AM
MS. BROOKS, in response to committee questions, explained that
mental health services continued during the COVID-19 pandemic
and some group therapy was temporarily converted to one-on-one
therapy. Psychiatric care was not paused. She explained that
Title 47 management involves non-criminal holds for those
experiencing extreme public intoxication or are experiencing a
serious mental health problem and are awaiting a bed at the
psychiatric unit. She stated that Alaska has the highest
incidence of sexual assault in the country which is translated
to the victims who are in custody.
9:24:33 AM
MS. BROOKS, in response to Representative McCabe, said that the
department provides some programming that is not necessarily
considered treatment. She said a busy inmate is less likely to
get into more trouble while they are incarcerated. Mentorship
and role models are an important part of activities provided for
the incarcerated population. She is hesitant to tie recidivism
numbers to one program, because there are a variety of needs
that need to be met for an individual to be successful.
Transformational Living Community (TLC) provides mentorship,
guidance, and many other skills intended to address criminogenic
needs.
MS. BROOKS, in response to Representative McCarty, said that
over the last five years there has been a concerted effort to
adjust the curriculum to ensure evidence-based programming.
Staff have been trained in cognitive behavioral interventions,
which is an evidence-based approach that has proven efficacious
for the criminal justice population. There has been a shift to
ensure an evidence-based approach. The department utilizes
programs certified by the Substance Abuse and Mental Health
Services (SAMHSA). Medications are sometimes limited or changed
for individuals who are incarcerated because of the availability
of 24/7 monitoring. She noted that narcotics are not provided
to the inmate population. Evidence based interventions are used
to deal with problems like anxiety in lieu of medications like
Xanex. There is a high instance of abuse and redistribution
amongst the inmate population, therefore narcotics are not
allowed. Other ways of addressing mental health needs are
utilized.
9:32:58 AM
MS. BROOKS showed slide 16, which shows Alaska's psychiatric
treatment unit locations. There are 340 beds dedicated to the
severely mentally ill population. She responded to
Representative Schrage and said there was a decision made in the
courts that changed the way that Title 47 beds are handled.
This high-needs population needs effective programs. The need
has shifted to a crisis intervention model, instead of a
treatment model because of the high number of those in need.
The ability to treat pretrial defendants is very complicated.
She explained to Representatives McCarty and Schrage that
capacity in psychiatric care units is always at 100 percent.
The DOC and the Department of Health and Social Services (DHSS)
have worked together to ensure that individuals lacking criminal
charges and are awaiting a bed at Alaska Psychiatric Institute
(API), are provided care as soon as possible.
9:40:40 AM
MS. BROOKS responded to Representative Hannan, and said that on
any given day, there might be 10-15 men and 4-5 women in Alaska
waiting for a bed at one of the acute care psychiatric units.
If the capacity of these units were doubled, a shift away from a
crisis-intervention model could be possible and more effective
treatment and care could be given. More bed space could allow
for more time for treatment and prevent premature patient
movement through the system.
9:41:18 AM
MS. BROOKS provided a substance abuse treatment overview on
slide 17. In-custody services are mostly provided by
contractors. Residential treatment and intensive outpatient
treatment involves a treatment community "mod" within the
facility. Slide 18 shows the substance abuse treatment program
locations.
9:44:47 AM
MS. BROOKS, in response to Representative McCarty, said that
blood panels are not taken at the time of incarceration due to a
lack of funding and resources. All medical needs, health
issues, and substance abuse histories are self-reported by the
incarcerated person. She said etiology is secondary to the
symptoms and that there are detailed protocols to address
symptoms such as those associated with detox. Substance abuse
councilors are a mix of DOC staff and contractors. Some
programs regarding substance abuse were paused during the COVID-
19 pandemic but now are being made available once again.
9:51:30 AM
MS. BROOKS discussed the sex offender management overview on
slide 19. There are 6 institutions that provide sex offender
treatment and about a 120-bed capacity for treatment. There are
about 300 community sex offender treatment slots. There is also
a new rural telehealth treatment, which allows offenders to stay
in their rural home communities, keep their jobs and living
situations and still receive treatment instead of needing to
move to an urban environment for treatment.
CO-CHAIR SCHRAGE thanked the presenters and provided closing
remarks.
9:54:01 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:54 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HC&RA DOC Presentation 3.22.22.pdf |
HCRA 3/22/2022 8:00:00 AM |