Legislature(2011 - 2012)HOUSE FINANCE 519

02/03/2011 01:30 PM House FINANCE


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01:34:58 PM Start
01:36:59 PM Budget Overview: Alaska Court System
02:47:08 PM Budget Overview: Department of Public Safety
03:29:02 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Budget Overviews: TELECONFERENCED
Alaska Court System
Dept. of Public Safety
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 3, 2011                                                                                           
                         1:34 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:34:58 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 1:34 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Chris Christensen, Deputy Administrative Director, Alaska                                                                       
Court System; Joseph A. Masters, Commissioner, Department                                                                       
of Public Safety.                                                                                                               
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Rhonda McLeod, Fiscal Officer, Alaska Court System.                                                                             
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
Budget Overviews:                                                                                                               
     Alaska Court System                                                                                                        
     Department of Public Safety                                                                                                
                                                                                                                                
^BUDGET OVERVIEW: ALASKA COURT SYSTEM                                                                                         
1:36:59 PM                                                                                                                    
                                                                                                                                
CHRIS  CHRISTENSEN, DEPUTY  ADMINISTRATIVE DIRECTOR,  ALASKA                                                                    
COURT SYSTEM,  provided the budget  overview for  the Alaska                                                                    
Court System. He shared that  the judicial branch was unique                                                                    
to other  government departments and that  despite its small                                                                    
size  the judicial  branch  directly  served more  residents                                                                    
than  any  other  governmental   entity.  He  discussed  two                                                                    
judicial entities,  the Judicial Conduct Commission  and the                                                                    
Alaska Judicial  Council. Both entities were  created by the                                                                    
constitution  and  were  independent  of  the  Alaska  Court                                                                    
System.                                                                                                                         
                                                                                                                                
Mr. Christensen stated that employees  working in budget and                                                                    
personnel  constituted 99  percent of  the judicial  branch.                                                                    
There  were four  levels  of court  in  Alaska: the  Supreme                                                                    
Court, the  court of criminal  appeals, superior  court, and                                                                    
district  court.  Additionally,  the  system  contained  the                                                                    
office  of  the administrative  director.  The  system as  a                                                                    
whole  contained  777   permanent  full-time  and  part-time                                                                    
employees (71 justices, 45 magistrates),  and operated in 44                                                                    
locations  across  the  state.  Downsizing due  to  low  oil                                                                    
revenues had caused the closure of 15 rural locations.                                                                          
                                                                                                                                
Mr. Christensen relayed that the  branch was responsible for                                                                    
its  own  human  resources  department.  He  expounded  that                                                                    
Alaska  had  a  unique   judicial  structure  in  a  unified                                                                    
judiciary, which  allowed for  a more  consistent, efficient                                                                    
and cost effective court system.  He stated that funding for                                                                    
the system  came exclusively from  the legislature  and that                                                                    
the position  of the administrative  director of  the courts                                                                    
was created by the Alaska State Constitution.                                                                                   
                                                                                                                                
1:41:25 PM                                                                                                                    
                                                                                                                                
Mr.  Christensen stated  that for  budgetary purposes  there                                                                    
were  three  things  that   distinguished  the  system  from                                                                    
entities in the  executive branch. First, the  court did not                                                                    
engage in  discretionary functions;  everything done  by the                                                                    
court was  mandated by statute or  constitution. Second, the                                                                    
system  was  nearly  completely reactive  in  nature;  cases                                                                    
filed by outside entities initiated  the work of the courts.                                                                    
Third, the court retained no  discretion to refuse work once                                                                    
it had been  initiated. Not only could the  court not refuse                                                                    
work, but  services were  expected be  provided in  a timely                                                                    
manner; the "Speedy Trial Rule",  which exists in both state                                                                    
and U.S.  constitutions. He relayed  that 70 percent  of the                                                                    
cases handled  by the branch  fell under the rule,  and that                                                                    
the  rule pertained  to both  criminal and  civil cases.  He                                                                    
informed the  committee that  at the  time of  statehood the                                                                    
legislature copied  laws from  the State  of Oregon.  One of                                                                    
which  stated that  judges would  not be  paid if  they were                                                                    
behind  in  their  caseloads. Judges  were  the  only  state                                                                    
employees that did not receive  a paycheck if they could not                                                                    
swear under  oath every two  weeks that none of  their cases                                                                    
were past due.                                                                                                                  
                                                                                                                                
1:44:54 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough   wondered  if  there   were  factors                                                                    
intrinsic  of  the  system  that caused  judges  to  be  ill                                                                    
prepared for their cases. She  wondered if judges were being                                                                    
held to a difficult, near impossible standard.                                                                                  
                                                                                                                                
Mr. Christensen responded  that the state had  been lucky to                                                                    
have  had a  successful  partnership  with the  legislature,                                                                    
which had  allowed the system  to meet the terms  set before                                                                    
it by the legislature. The  rule had been challenged both in                                                                    
Alaska and nationally. He  argued that the constitutionality                                                                    
of  the   rule  could  be  argued   either  way.  Currently,                                                                    
Anchorage was short 3 judges, which was causing some delay.                                                                     
                                                                                                                                
Vice-chair Fairclough  asked if  the caseload  was different                                                                    
for courts  that had  enough judges to  hear all  cases. She                                                                    
referred to her experience observing the California system.                                                                     
                                                                                                                                
Mr. Christensen  remarked that California  was a  state that                                                                    
had  suffered financial  problems  for quite  some time.  He                                                                    
stressed  the difficulty  of comparing  one court  system to                                                                    
another, especially with Alaska's unique court structure.                                                                       
                                                                                                                                
Vice-chair Fairclough  clarified that  the question  was one                                                                    
of caseload; was it standard, low, or high in Alaska.                                                                           
                                                                                                                                
Mr. Christensen did  not believe that the  caseload was low.                                                                    
He added that  in some ways the state had  a higher caseload                                                                    
than the national average.                                                                                                      
                                                                                                                                
Mr.  Christensen continued  that the  primary driver  of the                                                                    
amount cases was population. The  number of police officers,                                                                    
the  economy, and  unfunded federal  mandates also  impacted                                                                    
caseloads.  The  branch received  a  5  percent increase  of                                                                    
cases  last   year  (162,000  cases).  The   superior  court                                                                    
caseload  increased 6  percent  in 2010,  which included  an                                                                    
increase  of approximately  9.5 percent  in felony  filings.                                                                    
There were 6,370  new felony filings in  superior court last                                                                    
year. The number  of felonies had actually  declined but the                                                                    
filing rate had increased.  This indicated that fewer crimes                                                                    
were  being  committed  but  a   larger  percentage  of  the                                                                    
offenders  were being  arrested.  He offered  that this  was                                                                    
positive for society, but difficult  for the justice system.                                                                    
Felonies took  more time and  money to process  because more                                                                    
of the  cases went  to trial  than any  other kind  of case.                                                                    
Additionally,  many felony  cases returned  in future  years                                                                    
due to  probation violations. He opined  that the statistics                                                                    
understated  the  amount of  work  felony  cases caused  for                                                                    
judges.                                                                                                                         
                                                                                                                                
1:54:39 PM                                                                                                                    
                                                                                                                                
Representative  Gara wondered  about the  average number  of                                                                    
misdemeanors.                                                                                                                   
                                                                                                                                
Mr. Christensen responded that he  would get the information                                                                    
to the committee.                                                                                                               
                                                                                                                                
Representative  Gara asked  whether the  change categorizing                                                                    
what used to  be misdemeanors to felonies  had factored into                                                                    
the increased number of felonies.                                                                                               
                                                                                                                                
Mr. Christensen  answered that the  change could be  part of                                                                    
the  reason.   He  thought  that  another   cause  could  be                                                                    
inflation.  Primarily,  more  officers on  the  streets  had                                                                    
resulted  in more  arrests, which  had increased  the felony                                                                    
caseload.                                                                                                                       
                                                                                                                                
Co-Chair Stoltze  asked if  a prosecutor  with a  first case                                                                    
involving  a  small property  crime  would  pursue a  felony                                                                    
charge.                                                                                                                         
                                                                                                                                
Mr. Christensen responded that it  would depend on the local                                                                    
district attorney.  He suggested that the  criminal division                                                                    
might be able to provide more detail.                                                                                           
                                                                                                                                
Mr. Christensen stated that the  system had seen an increase                                                                    
of over  10 percent in "child  in need of aid"  cases in the                                                                    
last  year, as  well as  an  8 percent  increase in  probate                                                                    
cases. Domestic  relations cases had increased  7.5 percent.                                                                    
The  general civil  caseload decreased  by  6.4 percent.  He                                                                    
reiterated  that   the  overall  caseload  increase   was  5                                                                    
percent.  There was  a 2.5  percent increase  in misdemeanor                                                                    
filings, a  6.2 percent increase  in minor offenses,  a 10.5                                                                    
increase    in   domestic    violence   restraining    order                                                                    
applications,  and  a 19  percent  increase  in the  general                                                                    
civil caseload. Small claims cases  dropped 12 percent.  The                                                                    
new  case management  system allowed  for tracking  caseload                                                                    
statistics year-round rather than  compiling them at the end                                                                    
of the  year. This  allowed the system  to track  trends and                                                                    
redistribute   resources  accordingly.   A  review   of  the                                                                    
statistics for the first two  quarters of the current fiscal                                                                    
year  had   revealed  that  the  caseload   should  increase                                                                    
according to historic trends.                                                                                                   
                                                                                                                                
1:59:42 PM                                                                                                                    
                                                                                                                                
Mr.  Christensen   advanced  the  discussion   into  current                                                                    
spending  practices,  accomplishments   and  challenges.  He                                                                    
stated  that costs  to the  system were  primarily personnel                                                                    
related; 77 percent  of the budget. He opined  that on whole                                                                    
branch personnel  was low-paid. Approximately 17  percent of                                                                    
the  employees  were  a  range   15  or  below.  Lower  paid                                                                    
employees  generally lead  to higher  turnover rates,  which                                                                    
had  traditionally  occurred  in  rural  areas.  The  branch                                                                    
employed the  largest block  of non-union  employees outside                                                                    
of the university, which were  represented by two unions. He                                                                    
stated that he  was a firm believer that  employees were the                                                                    
best  judges  of  whether  a union  was  needed  to  protect                                                                    
employee interests. He  added that a union shop  would be of                                                                    
more  cost to  the  state. He  noted that  on  July 1,  2011                                                                    
executive  branch  union employees  living  in  a number  of                                                                    
communities   would  receive   by   contract  an   increased                                                                    
geographic differential.  The court  system had  included an                                                                    
operating budget  increment to extend to  employees in those                                                                    
communities the same geographic differential increase.                                                                          
                                                                                                                                
Co-Chair Thomas asked who determined the cost differential.                                                                     
                                                                                                                                
Mr.  Christensen  replied that  each  union  contract had  a                                                                    
differential written  into it, negotiated by  the union. Pay                                                                    
for the  state's non-union employees  in all  three branches                                                                    
was written in  statute. By statute the  Supreme Court could                                                                    
decide what to pay employees.                                                                                                   
                                                                                                                                
Mr.   Christensen   discussed   projects  the   branch   was                                                                    
implementing  to improve  efficiencies  and decrease  costs.                                                                    
Currently, the  branch was running  a 30 day  hiring freeze,                                                                    
which  was problematic  as some  cases had  time restraints.                                                                    
Unanticipated expenses had made money  was very tight for FY                                                                    
10,  and the  lower turnover  rate  was most  likely due  to                                                                    
economic  downturn and  the  longevity  increases that  were                                                                    
approved  by  the legislature  in  the  past. There  was  an                                                                    
incentive for  employees to remain  in positions,  secure in                                                                    
the knowledge that  they would receive a  pay increase every                                                                    
two years.                                                                                                                      
                                                                                                                                
2:07:12 PM                                                                                                                    
                                                                                                                                
Mr. Christensen  pointed out that  the branch rarely  made a                                                                    
supplemental  request.   He hailed  the achievements  of the                                                                    
recently installed  "CourtView" system, which  had increased                                                                    
efficiencies,  made case  details available  online and  had                                                                    
provided  other  states  with  electronic  access  to  court                                                                    
records. Using  capital funds  the department  had purchased                                                                    
software that  would enable  judges to  enter the  terms and                                                                    
conditions of  bail into the  case management  system, which                                                                    
would make  the conditions  available to police  officers on                                                                    
the street.                                                                                                                     
                                                                                                                                
Mr. Christensen  relayed that Alaska  was the only  state in                                                                    
the  country  that  recorded   hearings  rather  than  using                                                                    
stenographers, saving  over $5  million in  personnel costs.                                                                    
The software  or hardware  was replaced  approximately every                                                                    
ten  years.  In   an  effort  to  reduce   jury  costs  jury                                                                    
questionnaires  were  being   electronically  generated  and                                                                    
transmitted to  a private contractor who  printed and mailed                                                                    
them  to prospective  jurors. He  stressed  that the  courts                                                                    
worked  diligently  to  save   money  wherever  possible  to                                                                    
minimize legislative budgetary requests.                                                                                        
                                                                                                                                
2:11:00 PM                                                                                                                    
                                                                                                                                
Mr.  Christensen  discussed  two  final  issues.  The  first                                                                    
related to  the rented Nome  facility. In 2010  the building                                                                    
was surplussed  allowing the facility to  be used rent-free.                                                                    
The  building  had  deteriorated   so  extensively  that  it                                                                    
required  over  $9  million  in  deferred  maintenance.  The                                                                    
courts had  brought the case  to the legislature only  to be                                                                    
denied the budgetary  request. The building will  be put out                                                                    
to bid in  May of 2011, which could force  the court offices                                                                    
out, or increase  the rent. The best case  scenario would be                                                                    
that the  branch had  a year  or two  to resolve  the issue.                                                                    
Second,  the agency  would like  to add  two superior  court                                                                    
judges in Anchorage.                                                                                                            
                                                                                                                                
2:14:07 PM                                                                                                                    
Representative  Gara  asked  about  therapeutic  courts.  He                                                                    
understood  that there  was a  shortage  in substance  abuse                                                                    
services necessary to make the therapeutic courts work.                                                                         
                                                                                                                                
Mr. Christensen  responded that  the therapeutic  courts did                                                                    
work. He admitted that there  were challenges to the program                                                                    
because of  a lack of  resources in certain  communities. He                                                                    
said  he  would  get  back to  the  committee  with  further                                                                    
information.                                                                                                                    
                                                                                                                                
Mr. Christensen  noted that the  court system  was dedicated                                                                    
to  finding alternative  funding  for experimental  programs                                                                    
prior  to   requesting  funds  from  the   legislature.  For                                                                    
example, the  therapeutic courts were initially  funded with                                                                    
federal  grants, and  only  after statistical  demonstration                                                                    
that the  courts were  effective was a  request made  to the                                                                    
legislature to replace disappearing grant funding.                                                                              
                                                                                                                                
Representative  Wilson queried  any  unanticipated costs  to                                                                    
the court system within the recent fiscal year.                                                                                 
                                                                                                                                
Mr. Christensen  replied that  the unanticipated  costs were                                                                    
related  to  a  district  judge  in  Anchorage  who  was  on                                                                    
administrative leave, but was still receiving a paycheck.                                                                       
                                                                                                                                
Mr.  Christensen   clarified  that  most  funding   for  the                                                                    
therapeutic courts was  not spent by the  court system. Most                                                                    
funds  were   passed  through  for   treatment  or   to  the                                                                    
Department of  Law for prosecutors  or public  defenders. In                                                                    
2010  the  therapeutic courts  were  added  to the  judicial                                                                    
general  fund resources  received by  the department,  which                                                                    
would be helpful in tracking the funds.                                                                                         
                                                                                                                                
2:21:28 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  asked about funding for  the facility                                                                    
in Nome. She  queried how many cases  were currently running                                                                    
through the facility.                                                                                                           
                                                                                                                                
Mr.  Christensen responded  that he  would get  the detailed                                                                    
numbers  to  the  committee.  He  stated  that  Name  was  a                                                                    
superior  court  cite and  processed  fewer  cases than  the                                                                    
urban courts.                                                                                                                   
                                                                                                                                
Vice-chair Fairclough  requested further explanation  of the                                                                    
magistrate education coordinator position.                                                                                      
                                                                                                                                
Mr.   Christensen  responded   that   the   branch  had   45                                                                    
magistrates,  most   of  whom  were  not   attorneys.  Some,                                                                    
particularly in rural areas, had  little experience with the                                                                    
law before becoming magistrates.  The position of magistrate                                                                    
was  very   complicated  and  powerful,  and   the  law  was                                                                    
constantly  changing. The  educator  position was  necessary                                                                    
for  updating and  training magistrates  in the  law and  in                                                                    
legal procedure.                                                                                                                
                                                                                                                                
Vice-chair  Fairclough noted  page  164  of the  legislative                                                                    
operating  budget  book.  She wondered  how  many  full-time                                                                    
employees would  be necessary to educate  the 69 magistrates                                                                    
in her district.                                                                                                                
                                                                                                                                
Mr.  Christensen   responded  that  he  would   provide  the                                                                    
information to the committee.                                                                                                   
                                                                                                                                
Representative  Joule asked  about the  relationship between                                                                    
federal  law and  state law,  specifically the  Indian Child                                                                    
Welfare  Act  (ICWA).  He  commented   that  the  Office  of                                                                    
Children  Services (OCS)  had experienced  trouble with  the                                                                    
issue of judges being ignorant of ICWA.                                                                                         
                                                                                                                                
Mr. Christensen  answered that there was  training of judges                                                                    
on an  annual basis.  He added that  the training  of judges                                                                    
was a constant  challenge. He hoped that any  instances of a                                                                    
judge  seeming indifferent  or inadequately  trained in  the                                                                    
law would be brought to the attention of administrators.                                                                        
                                                                                                                                
2:27:21 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  noted the  request of $129,000  for a                                                                    
permanent  full-time  contract  and lease  manager  for  the                                                                    
court. She  wondered if the office  currently handling those                                                                    
responsibilities would face a decrement.                                                                                        
                                                                                                                                
Mr.  Christensen  answered  that  there had  been  a  person                                                                    
employed in the  position for 7 years and  that the position                                                                    
had  historically  been  funded by  capital  budget  project                                                                    
funds.                                                                                                                          
                                                                                                                                
Vice-chair Fairclough  asked about  $181,000 to  establish a                                                                    
district  court  in  Hooper   Bay.  She  wondered  how  many                                                                    
residents would fall under the district court jurisdiction.                                                                     
Mr.  Christensen  relayed  that  Hooper  Bay  was  the  most                                                                    
populous community  in the 4th  judicial district  without a                                                                    
resident judicial officer.  The population was approximately                                                                    
1,200.  There  was  a  magistrate in  Chevak,  which  had  a                                                                    
population  of  850, which  served  Cheval,  Hooper Bay  and                                                                    
Scammon Bay.  He hoped that  the magistrate in  Chevak could                                                                    
move permanently to Hooper Bay  in order to more efficiently                                                                    
provide resources to the residents in those communities.                                                                        
                                                                                                                                
Mr.  Christensen  relayed  that   there  would  be  a  lease                                                                    
increase cost  of $86,000 per  year for a  minimal facility.                                                                    
There  would also  be a  $94,000  personnel cost  associated                                                                    
with an additional clerk of court in Hooper Bay.                                                                                
                                                                                                                                
2:31:23 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:38:57 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
^BUDGET OVERVIEW: DEPARTMENT OF PUBLIC SAFETY                                                                                 
                                                                                                                                
JOSEPH  A.  MASTERS,   COMMISSIONER,  DEPARTMENT  OF  PUBLIC                                                                    
SAFETY,   provided   a    PowerPoint   presentation   titled                                                                    
"Department  of  Public   Safety  Department  Overview".  He                                                                    
discussed  the   divisions,  boards  and  councils   of  the                                                                    
department (slide 2):                                                                                                           
                                                                                                                                
   Divisions:                                                                                                                   
     · Administrative Services                                                                                                  
     · Statewide Services                                                                                                       
     · Fire & Life Safety                                                                                                       
     · Alaska State Troopers (AST)                                                                                              
     · Alaska Wildlife Troopers (AWT)                                                                                           
                                                                                                                                
   Boards and Councils:                                                                                                         
     · Alcoholic Beverage Control Board (ABC)                                                                                   
     · Council on Domestic Violence and Sexual Assault                                                                          
        (CDVSA)                                                                                                                 
     · Alaska Police Standards Council (APSC)                                                                                   
     · Alaska Fire Standards Council (AFSC)                                                                                     
                                                                                                                                
Mr.  Masters discussed  the structure  of  the Alaska  State                                                                    
Troopers (slide 3):                                                                                                             
                                                                                                                                
   · Detachments                                                                                                                
   · Bureau of Alcohol and Drug Enforcement                                                                                     
   · Bureau of Investigations                                                                                                   
   · Bureau of Judicial Services                                                                                                
   · Bureau of Highway Patrol                                                                                                   
   · Village Public Safety Officer Program                                                                                      
                                                                                                                                
Mr. Master highlighted accomplishments within 2010:                                                                             
                                                                                                                                
      • 133,401 calls for service                                                                                               
      • 18 Homicides in 2010, 9 DV related, 1 SA related;                                                                       
         all but one are solved, actively worked.                                                                               
      • 78 open cold cases, 30 cases have been solved, 11                                                                       
         have resulted in arrests for 1st Degree Murder, 20                                                                     
         are actively being worked.                                                                                             
      • Jimmy Eacker: killer of Toni Lister was found                                                                           
         guilty of Murder - First Degree by a Kenai jury in                                                                     
         March 2010.                                                                                                            
      • Rita (Coville) Reth: killer of Scott Coville plead                                                                      
         out to Murder in November 2010.                                                                                        
      • Kenneth Dion: killer of Bonnie Craig is going to                                                                        
         trial May 9th 2011.                                                                                                    
      • Marijuana grow operations, CY10 = 75. Prescription                                                                      
         drug abuse cases increased from 216 in CY09 to 410                                                                     
         in CY10.                                                                                                               
     • Alcohol importation arrests CY10 = 234 arrests                                                                           
      • 400 Sexual Assaults and 363 Sexual Abuse of Minor                                                                       
         cases (CY10)                                                                                                           
      • 63,099 Prisoner transports, 8,302 Arrest Warrants                                                                       
         served or closed, 20,459 Writs served or closed                                                                        
      • 789 SARs, 389 Saves (CY10)                                                                                              
                                                                                                                                
Mr. Masters  stated that  when the  crime rate  remained the                                                                    
same  while the  population increased  it was  an indication                                                                    
that the number of incidents had increased.                                                                                     
                                                                                                                                
2:47:08 PM                                                                                                                    
                                                                                                                                
Representative  Gara   asked  in   how  many   villages  the                                                                    
department  intended  to  place  additional  Village  Public                                                                    
Safety Officers (VPSO).                                                                                                         
                                                                                                                                
Mr.  Masters   responded  that   the  department   hoped  to                                                                    
establish 101 authorized positions in 2011.                                                                                     
                                                                                                                                
Representative Gara understood  that the department intended                                                                    
to increase  the number of  VPSOs 15  per year for  the next                                                                    
ten years. He wondered if  the increase could take less than                                                                    
10 years.                                                                                                                       
                                                                                                                                
Mr. Masters responded  that the governor had  stated that as                                                                    
long as the state had the  funding to fill the positions, 15                                                                    
VPSOs  would   be  added  annually.  If   the  funding  were                                                                    
available then  the positions could be  filled more quickly.                                                                    
More positions could be added.                                                                                                  
                                                                                                                                
Co-Chair Thomas asked  how many troopers were  active in the                                                                    
City of Fairbanks.                                                                                                              
                                                                                                                                
Mr. Masters replied that he  would provide the number to the                                                                    
committee.                                                                                                                      
                                                                                                                                
Co-Chair  Thomas  pointed  out  that VPSOs  were  more  cost                                                                    
effective to  the state and wondered  whether troopers could                                                                    
be replaced with VPSOs.                                                                                                         
                                                                                                                                
Representative Wilson  commented that the city  of Fairbanks                                                                    
and City of Nome had city police officers.                                                                                      
                                                                                                                                
Co-Chair Thomas  reiterated that it could  be cost effective                                                                    
to the state to replace troopers with VPSOs when possible.                                                                      
                                                                                                                                
2:52:42 PM                                                                                                                    
                                                                                                                                
Mr. Masters  explained that funding  for the  VPSO positions                                                                    
was  expected  to  rise  significantly  as  the  state  lost                                                                    
federal funding.  He added that  the rule of thumb  was that                                                                    
one trooper position equaled the cost of two VPSOs.                                                                             
                                                                                                                                
Representative Costello queried  the difference in authority                                                                    
between a VPSO and state trooper.                                                                                               
                                                                                                                                
Mr. Masters  responded that the primary  difference was that                                                                    
troopers  operated  more in  a  hub  area and  responded  to                                                                    
higher level  offenses and  felonies. Village  Public Safety                                                                    
Officers were  locally based and concentrated  more on lower                                                                    
level misdemeanor offenses.                                                                                                     
                                                                                                                                
Co-Chair Thomas noted that troopers  could carry weapons and                                                                    
that VPSOs could not.                                                                                                           
                                                                                                                                
Representative  Wilson requested  a  breakdown  of how  many                                                                    
state police and  VPSOs were employed in each  region of the                                                                    
state.                                                                                                                          
                                                                                                                                
Mr. Masters responded that he would provide a list.                                                                             
                                                                                                                                
Representative  Joule  asked  if  VPSOs  ever  attempted  to                                                                    
become troopers.                                                                                                                
                                                                                                                                
Mr. Masters replied  that it was uncommon but  did happen on                                                                    
occasion.                                                                                                                       
                                                                                                                                
Vice-chair  Fairclough wondered  the movement  from VPSO  to                                                                    
trooper was not encouraged.                                                                                                     
                                                                                                                                
Mr. Masters  answered that the department  did encourage the                                                                    
move,  but  it  could  be  difficult due  to  a  variety  of                                                                    
factors.                                                                                                                        
                                                                                                                                
Vice-chair Fairclough wondered  if educational opportunities                                                                    
or benefits packages would  incentivize VPSOs advancement to                                                                    
trooper ranks.                                                                                                                  
                                                                                                                                
Mr. Masters replied  that he was unaware  of any educational                                                                    
benefits offered to VPSOs.                                                                                                      
                                                                                                                                
                                                                                                                                
2:59:41 PM                                                                                                                    
                                                                                                                                
Mr. Masters continued to discuss highway safety (slide 3).                                                                      
                                                                                                                                
      • 57 highway fatalities, 16 alcohol related (CY10)                                                                        
        • 4 Highway Safety Corridors -2 fatalities CY10, 1                                                                      
          alcohol related                                                                                                       
                                                                                                                                
Mr.  Masters shared  that surveys  had shown  that seatbelts                                                                    
were  currently  in  greater  use  than  in  the  past.  The                                                                    
department  had  also seen  a  reduction  in the  number  of                                                                    
fatalities involving alcohol.                                                                                                   
                                                                                                                                
Representative Neuman asked about  moose collisions on state                                                                    
highways. He discussed different  groups that were currently                                                                    
active  in  reducing  incidences  of  moose  collisions.  He                                                                    
wondered  if  the  Alaska State  Troopers  were  working  to                                                                    
reduce  moose   related  accidents  and   promote  education                                                                    
concerning the phenomenon.                                                                                                      
                                                                                                                                
Mr. Masters answered that in  2010 there were two fatalities                                                                    
involving collisions  with wildlife. He understood  that the                                                                    
Department of  Transportation had been working  on right-of-                                                                    
way  and brush-back  issues.  He thought  that  part of  the                                                                    
issue  related  to  organizations  exploring  ways  to  work                                                                    
together on the  issue. He replied that he did  not know the                                                                    
department's current activity concerning the issue.                                                                             
                                                                                                                                
Representative  Doogan  understood  that  the  18  homicides                                                                    
listed on slide 3 had occurred in trooper jurisdiction.                                                                         
                                                                                                                                
Mr. Masters replied in the affirmative.                                                                                         
                                                                                                                                
Representative  Doogan  also  understood that  half  of  the                                                                    
homicides were domestic violence related.                                                                                       
                                                                                                                                
Mr.  Masters replied  yes. He  added that  domestic violence                                                                    
and sexual  assault contributed to  an inordinate  amount of                                                                    
the major offenses in the state.                                                                                                
                                                                                                                                
Representative  Guttenberg queried  how  the state  compared                                                                    
with  the   national  standard   concerning  the   level  of                                                                    
troopers, city police, and VPSO per population.                                                                                 
                                                                                                                                
Mr. Masters  responded that there was  no recommendation per                                                                    
population  at the  national level,  and that  the level  of                                                                    
service  was   dictated  by  the  needs   of  the  different                                                                    
communities being served.  He stressed that there  was not a                                                                    
formula; each area was unique.                                                                                                  
                                                                                                                                
Representative  Guttenberg understood  how  the areas  being                                                                    
served  in  the  state  differed in  need.  He  wondered  if                                                                    
communities had offered feedback as  to the level of service                                                                    
offered by the troopers and VPSOs.                                                                                              
                                                                                                                                
Mr. Masters  responded that the  feedback was  arriving from                                                                    
both  communities  wanting  more  service  and  from  people                                                                    
complaining  that there  was too  much  law enforcement.  He                                                                    
felt  that  adequate service  was  being  provided in  urban                                                                    
areas but  that rural areas were  being served inadequately.                                                                    
He pointed out to the  committee that there were rural areas                                                                    
with no community based law  enforcement. He reiterated that                                                                    
the governor had  stated that he would provide up  to 15 law                                                                    
enforcement officers, per year, to wanting communities.                                                                         
                                                                                                                                
3:10:43 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  understood  that the  Uniform  Crime                                                                    
Reporting  Code (UCR)  took submissions  in both  electronic                                                                    
and paper form.  She wondered which way  the state submitted                                                                    
submissions.                                                                                                                    
                                                                                                                                
Mr. Masters  believed that  DPS transmitted  the information                                                                    
electronically  to  the  Federal  Bureau  of  Investigations                                                                    
(FBI).                                                                                                                          
                                                                                                                                
Vice-chair Fairclough  wondered if the  classification codes                                                                    
had  been  aligned  to ensure  the  indication  of  domestic                                                                    
violence and  sexual assault in the  electronic submittal of                                                                    
homicide  cases to  the FBI.  She relayed  that in  her past                                                                    
experience electronic filing  of the UCR was  the only means                                                                    
of indicating  the role of  domestic violence in  a homicide                                                                    
and that  the indication was  directly linked to  the access                                                                    
of federal funds.                                                                                                               
                                                                                                                                
Mr.  Masters replied  that the  UCR was  limited because  if                                                                    
there  were multiple  offenses in  one  offense, the  single                                                                    
most egregious was  submitted as the offense.  If a homicide                                                                    
involved  kidnapping and  rape,  the homicide  would be  the                                                                    
only  offense  listed for  the  jurisdiction.  At the  state                                                                    
level offense  based crime reporting was  being developed to                                                                    
maximize  the  collection  of  information  by  categorizing                                                                    
offenses by statute type rather than UCR code.                                                                                  
                                                                                                                                
Vice-chair Fairclough  understood the state was  not aligned                                                                    
with  the  federal  level  codes  that  would  allow  for  a                                                                    
secondary reporting feature. She  believed this put state at                                                                    
a disadvantage.                                                                                                                 
                                                                                                                                
Mr.  Masters clarified  that the  department was  working to                                                                    
alleviate the discrepancy.                                                                                                      
                                                                                                                                
3:16:01 PM                                                                                                                    
                                                                                                                                
Mr. Master  explained that  the VPSO  program began  in 1979                                                                    
and was initially designed as  a joint collaboration between                                                                    
the state,  the non-profit corporations that  administer the                                                                    
program, and  the communities that benefitted  from the VPSO                                                                    
program. Mr.  Masters moved on  to discuss the  specifics of                                                                    
the VPSO program (slide 4):                                                                                                     
                                                                                                                                
   · As of November 2010 83 of 86 positions were filled                                                                         
   · 24 VPSO's are currently at Academy                                                                                         
   · 40 percent reduction in the rate of serious injury                                                                         
     from assault in communities with VPSO or VPO                                                                               
   · Prosecution for sexual assault is 3.5 times higher in                                                                      
     communities with VPSO or VPO                                                                                               
   · Governor's commitment to place VPSO's in all                                                                               
     communities: 15 per year                                                                                                   
   · VPSO Alaska Housing Finance Corporation housing                                                                            
     projects in Iguigig, Sleetmute, and Akiak were                                                                             
     approved                                                                                                                   
                                                                                                                                
Representative Joule wondered if  all communities with VPSOs                                                                    
had cell phone coverage.                                                                                                        
                                                                                                                                
Mr. Masters replied that he  did not know if all communities                                                                    
had  cell   phone  capabilities.   He  believed   that  most                                                                    
communities had coverage.                                                                                                       
                                                                                                                                
3:22:26 PM                                                                                                                    
                                                                                                                                
Mr.  Masters continued  to discuss  the VPSO  program (slide                                                                    
4).                                                                                                                             
                                                                                                                                
   · Rural Grants - equipment, supplies and training                                                                            
   · Trooper support - village visits 4,113                                                                                     
   · VPSO's investigated 6,020 incidents                                                                                        
   · 173 DV and Assault arrests, 52 DUI arrests                                                                                 
   · Cross department effort related to the Mt Edgecumbe                                                                        
     High School - exposing students to the justice system                                                                      
     - started out with 24 kids and is now at 20 -                                                                              
     successful program that keeps kids interested                                                                              
   · Probation and parole                                                                                                       
   · 10 VPSO's attended DARE sponsored training                                                                                 
   · Established regional VPSO support Trooper in Bethel -                                                                      
     3 additional positions projected for FY12                                                                                  
                                                                                                                                
Mr. Masters  stated that one additional  funding request for                                                                    
FY  11  was  for  three  troopers: one  in  Bethel,  one  in                                                                    
Fairbanks, and one in Kotzebue  to oversee the VPSO programs                                                                    
in  those  areas.  The  troopers   would  work  to  identify                                                                    
applicants  for  the  VPSO  program,  assist  in  background                                                                    
investigation,  identify communities  that were  in need  of                                                                    
VPSOs, and work  with communities to determine  the need and                                                                    
the  duties of  the  VPSO in  communities.  The decision  to                                                                    
place one  position in Kotzebue  had been made  because that                                                                    
specific region had shown the greatest need for a VPSO.                                                                         
                                                                                                                                
Mr.  Masters  moved  on  to   address  the  Alaska  Wildlife                                                                    
Troopers (slide 5):                                                                                                             
                                                                                                                                
   • 89,312 resource user contacts                                                                                              
   • 4.3% violation to contact rate                                                                                             
   • Boating Safety - 10,702 contacts                                                                                           
  • Deaths: 2010 = 11   2009 = 12   2008 = 14     2007 =                                                                        
     17                                                                                                                         
   • Cooperative Agreements with USFWS, NMFS-JEA, NPS                                                                           
   • Aircraft section participation in the Medallion                                                                            
     Aviation Safety Program                                                                                                    
   • Lake Hood Hangar is complete                                                                                               
    Recent Enforcement Success -                                                                                                
   • Illegal Guiding and Outfitting; Same Day Airborne;                                                                       
     Sport Fish Guide Violations - Kurt Lepping: 700 days                                                                     
    jail, fined $45,000, forfeited both Cessna 206 and                                                                          
     Piper Super-cub used in commission of the violations.                                                                      
   • Father, Son Plead Guilty to Big Game Guiding                                                                             
     Violations in Brooks Range - Michael H. Vanning Sr and                                                                   
    Michael C. Vanning Jr. Each fined $7,000, forfeited                                                                         
     Piper Super-cub used in the commission of the                                                                              
     violations.                                                                                                                
   • Ninilchik Sport Fishing Guide's License Revoked and                                                                      
     Jail imposed for illegal Acts - Arthur C. Aho, halibut                                                                   
     sport fishing guide, sentenced with 90 days in jail,                                                                       
     fined $5,000, 40 hours of community work service, and                                                                      
     six years' probation.                                                                                                      
                                                                                                                                
                                                                                                                                
Mr. Masters moved on to discuss FY 11 and FY 12 increments                                                                      
(slide 10 through 11):                                                                                                          
                                                                                                                                
FY 11                                                                                                                         
Alaska State Troopers                                                                                                         
  • Continue illegal drug and alcohol initiative, replace                                                                       
     federal funds:  $656.5 GF                                                                                                  
   • Three new troopers for domestic violence and sexual                                                                        
     assault investigations, additional domestic violence                                                                       
     and sexual assault training capability, and increased                                                                      
     sexual assault exam costs:  $725.0 GF                                                                                      
   • Increased prisoner transportation costs:  $300.0 GF                                                                        
  • Five new troopers to enhance Alaska Bureau of Highway                                                                       
     Patrol:  $1,206.8 CIP Rcpts                                                                                                
VPSO                                                                                                                          
   • Contract for 15 new VPSO:  $1,261.5 GF                                                                                     
  • VPSO cost-of-living adjustments and merit increases:                                                                        
     $223.8 GF                                                                                                                  
Council on Domestic Violence and Sexual Assault                                                                               
   • Support shelters with increased operating funds:                                                                           
     $381.9 GF                                                                                                                  
   • Provide increased services to victims:  $325.0 GF                                                                          
   • Maintain shelter services, replace permanent fund                                                                          
     dividend appropriations in lieu of dividends to                                                                            
     criminals:  $651.4 GF                                                                                                      
Laboratory Services                                                                                                           
   • Develop and purchase pediatric sexual assault evidence                                                                     
     collection kits:  $12.3 GF                                                                                                 
   • Continue funding for DNA analyst for unknown sexual                                                                        
     assault cases:  $92.8 GF                                                                                                   
                                                                                                                                
FY 12                                                                                                                         
Alaska State Troopers                                                                                                         
   • Three new troopers for VPSO support:  $1,056.2 GF,                                                                         
     $15.4 GFPR                                                                                                                 
  • New investigator and criminal justice technician for                                                                        
     internet crimes against children investigations:                                                                           
     $359.6 GF                                                                                                                  
VPSO                                                                                                                          
   · Contract for 15 new VPSO:  $2,299.5 GF                                                                                     
Alaska Police Standards Council                                                                                               
   • Fund training in new developments in sexual assault                                                                        
     investigations and prosecutions, including child abuse                                                                     
    cases and child forensic interview training:  $50.0                                                                         
     GFPR                                                                                                                       
Council on Domestic Violence and Sexual Assault                                                                               
   • Support shelters with increased operating funds:                                                                           
     $550.0 GF                                                                                                                  
  • Year 2: Universal public marketing campaign:  $450.0                                                                        
     IAR (RSA from Governor's Office)                                                                                           
   • Year 2: Victimization study, evaluation, planning:                                                                         
     $400.0 IAR (RSA from Governor's Office)                                                                                    
   • Year 2: Pro bono attorney clearinghouse:  $60.0 IAR                                                                        
     (RSA from Governor's Office)                                                                                               
   • Continue legal advocacy program, replace federal                                                                           
     earmark funds:  $697.4 GF                                                                                                  
   • Maintain shelter services, replace permanent fund                                                                          
     dividend appropriations in lieu of dividends to                                                                            
     criminals:  $1,001.9 GF                                                                                                    
                                                                                                                                
Representative Doogan asked whether the FY12 increments had                                                                     
been put forward by the governor.                                                                                               
                                                                                                                                
Mr. Masters responded in the affirmative.                                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
3:29:02 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 3:31 PM.                                                                                           
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HFC DPS Overview 02032011.pdf HFIN 2/3/2011 1:30:00 PM