Legislature(1999 - 2000)
01/20/2000 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
GENERAL SUBJECT(S): REVIEW OF DEPARTMENTS ACCOMPLISHMENTS
ALASKA COURT SYSTEM
DEPARTMENT OF CORRECTIONS
The following overview was taken in log note format. Tapes and
handouts will be on file with the House Finance Committee through the
21st Legislative Session, contact 465-2156. After the 21st Legislative
Session they will be available through the Legislative Library at 465-
3808.
Time Meeting Convened: 1:45 .M.
Tape(s): HFC 00 - 13, Side 1
HFC 00 - 13, Side 2
PRESENT:
X
Representative G. Davis
Absent
Co-Chair Therriault
X
Representative Foster
X
Co-Chair Mulder
X
Representative Grussendorf
X
Vice Chair Bunde
Absent
Representative Moses
X
Representative Austerman
X
Representative Phillips
Absent
Representative J. Davies
X
Representative Williams
ALSO PRESENT: STEPHANIE COLE, ADMINISTRATIVE DIRECTOR, ALASKA COURT
SYSTEM; CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM;
MARGARET PUGH, COMMISSIONER, DEPARTMENT OF CORRECTION; DWAYNE
PEEPLES, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT
OF CORRECTIONS; ALLAN COOPER, DIRECTOR, DIVISION OF INSTITUTIONS,
DEPARTMENT OF CORRECTIONS.
LOG
SPEAKER
DISCUSSION
TAPE HFC 00 - 13
SIDE 1
000
CO-CHAIR MULDER
Co-Chair Mulder convened the House
Finance Committee meeting at 1:45 .M.
ALASKA COURT SYSTEM
104
STEPHANIE COLE,
ADMINISTRATIVE
DIRECTOR, ALASKA
COURT SYSTEM
Spoke to the handout distributed to
Committee members. [Copy on File]. The
mission of the Alaska Court System is to
provide an accessible and impartial forum
for the just resolution of all cases that
come before it, and to decide such cases
in accordance with the law, expeditiously
and with integrity.
258
MS. COLE
Spoke to the number of cases filed in the
Court system. The predictable results
that have occurred have been delayed.
She acknowledged that waiting for the
result from a court case can be a
difficult time. She reiterated that it
is important that these cases are handled
quickly.
352
MS. COLE
Noted that the Court System is a separate
branch of government. As such, the Court
System has to focus on many systems.
There are four levels of courts in the
Alaska Court System, each with different
powers, duties and responsibilities.
Alaska has a unified, centrally
administered, and totally state-funded
judicial system. Municipal governments
do not maintain a separate court system.
The four levels of courts in this System
are:
*Supreme Court;
*The Court of Appeals are appellate
courts; and
*The Superior and District Courts are
Trial Courts.
She referenced Page 2 of the handout
pointing out the amount of revenue that
the courts have collected.
443
CO-CHAIR MULDER
Asked how many of the cases were settled
out of court of the total number filed.
463
MS. COLE
Advised that when the case is settled
would affect that number. She offered to
provide Committee members the number of
actual number of cases that go to trial.
506
CO-CHAIR MULDER
Requested that the true number be
provided to the Committee.
548
REPRESENTATIVE
AUSTERMAN
Asked if the 5.5% increase of cases was a
normal amount during the last few years.
570
MS. COLE
Explained that number did represent the
trend during the past three or four
years.
590
VICE CHAIR BUNDE
Pointed out that only "some" crimes were
down.
647
MS. COLE
Stated that the caseload does not
necessarily correlate with the crime rate
but instead the number of law enforcement
officers available to enforce the law.
She suggested that with more officers,
there would be less crime charged.
707
REPRESENTATIVE
GRUSSENDORF
Believed that the number of officers
patrolling the street represents a pretty
good law rate.
750
MS. COLE
Referenced Page 3 of the handout, which
outlines the total funds, collected by
the courts in various locations
throughout the State.
794
CO-CHAIR MULDER
Inquired how the last year's collection
compared to the previous year's
collections.
812
MS. COLE
Explained that the collections are up
from pervious years. There is one
program that went into effect in 1998
that has changed the standard procedure.
The change has increased revenues to the
State of Alaska.
916
MS. COLE
In response to Vice Chair Bunde, Ms. Cole
explained that this was all new revenue.
947
REPRESENTATIVE G.
DAVIS
Noted that the surcharge, which the
Courts collected, had been expanded. He
inquired if that was creating more
problems for the court system.
980
MS. COLE
Advised that the court charge is
deposited back into the general fund.
1004
CHRIS CHRISTENSEN,
STAFF COUNSEL,
ALASKA COURT SYSTEM;
Explained that the old system can not
keep track of additional surcharges. He
noted that last year, $362 thousand
dollars was turned over to the State
general fund budget.
1050
CO-CHAIR MULDER
Asked the potential of the $5.8 million
dollars.
1070
MR. CHRISTENSEN
Explained that the Court is attempting to
determine the outstanding dollar amount
of that figure. He reiterated that the
system used by the Court System is
outdated.
1099
REPRESENTATIVE
GRUSSENDORF
Referenced Page 3 of the handout. He
questioned the discrepancy between
Fairbanks and Wasilla.
1129
MS. COLE
Replied that the numbers were taken
directly from the local courts. She
addressed the offenses listed in
Fairbanks and Wasilla.
1157
CO-CHAIR MULDER
Asked where the money collected would go.
1170
MS. COLE
Replied that the money would go directly
to the communities.
1182
MS. COLE
Spoke to the bench warrants.
1209
CO-CHAIR MULDER
Clarified that this is money that court
collects and gives back to the
municipalities. He asked if these were
misdemeanor cases.
1241
MS. COLE
Acknowledged that they were.
1253
MS. COLE
Noted that the Legislature has attempted
to standardize the prosecuting procedure
throughout the state. She noted that the
Court situation in Bethel was a very
difficult situation. She noted that the
Court has supplemented Bethel from other
sources. She added that this is not
enough. Next year, the Court will be
requesting additional resources for this
concern.
1345
MS. COLE
Referenced an additional pilot project
occurring in Anchorage which has been
supported by federal monies.
1400
MS. COLE
This year, the Court is trying to
organize cases without lawyers in Court.
1430
REPRESENTATIVE
PHILLIPS
Asked if there was a correlation with the
people in prison or the general public.
1450
MS. COLE
Replied that most of those cases were
civil cases and are people who come to
handle complex civil circumstances
representing themselves. She commented
that the courts have made a lot
information available on the wed site to
help with these projects.
Ms. Cole continued, there exists three
mediation pilot projects. She noted that
these have been made available through
federal grants to help address certain
situations of self-representation. She
commented that the Small Claims Mediation
Program has provided valuable information
for those persons self-representing.
1540
MS. COLE
Spoke to the child court standards. She
noted that different time standards have
been established for various situations.
Ms. Cole commented that it is hope that
the Supreme Court will adopt time
standards.
1582
MS. COLE
Commented on the modifications to the
administrative concerns especially in
regard to children's cases.
1600
MS. COLE
Addressed the appellate court settlement
matters.
1620
MS. COLE
Referenced drug court - at this time,
Alaska is using federal grant money for
the agreement. She added that the
application to the federal government
does looks hopeful.
1652
REPRESENTATIVE G.
DAVIS
Questioned if the federal monies
allocated for the mediation project,
would be for the current fiscal year.
1667
MS. COLE
Explained that would be a continued
federal grant.
1689
VICE CHAIR BUNDE
Questioned the success of the drug
courts.
1708
MS. COLE
Spoke to the framework used for the court
programs for the offenders. She added
that strict and serious requirements are
required for these offenders and that
recidivism has been reduced.
1746
MS. COLE
Added that there are more hearings and
supervisions imposed.
1769
MS. COLE
Noted that amount of funding used by the
Court System to become Y2K compliant.
That funding not used was lapsed back
into the general fund account.
1792
MS. COLE
She added that because the Court System's
computer system was so out dated, the
system was frugal in using funding.
1824
MS. COLE
Commented that last year, there was a
budget cut to the Court System. She
noted that the Court System was able to
creatively sustain that cut without too
much damage and in truth, not all cuts
were absorbed. She admitted that there
have been changes to services. Most
serious of these concerns is that
protective orders can no longer be
obtainable in Anchorage for sexual
assault and violence 24 hours per day.
1895
MS. COLE
Commented on the hopes of the Court
System. She noted that there is an
*800 number available for assault
concerns; and
*Pilot project for the drug court.
1945
REPRESENTATIVE G.
DAVIS
Inquired what the old CourtHouse in
Anchorage was being used for.
1970
MS. COLE
Both of the buildings are currently used
for court functions. She related that
most of the problems occurring in the
courts are related to domestic cases. The
old court has very good security. Many
cases are multiple litigant proceedings.
2012
CO-CHAIR MULDER
Advised that the Court System should
working with the Subcommittee chair to
work better determine their missions and
measures.
2023
REPRESENTATIVE G.
DAVIS
Pointed out that the largest increment in
that budget was in contractual services.
2036
MS. COLE
Responded that increment had been
included in the budget for the past three
years and would cover the cost of
security systems statewide.
2056
DEPARTMENT OF CORRECTIONS
2063
MARGARET PUGH,
COMMISSIONER,
DEPARTMENT OF
CORRECTIONS
Spoke to the handouts distributed to
Finance Committee members. [Copy on
File]. The handouts address the
performance and measures and the strategy
intended to move toward that goal. She
noted that the Department's mission is
clearly stated in CSSB 169(FIN).
2188
COMMISSIONER PUGH
Noted that the management of offenders,
which protects the public's safety and
welfare, is the most important role of
the Department. Additionally, the
Department
provides effective strategy using current
technologies.
2219
COMMISSIONER PUGH
Reiterated that the mission of the
Department is to protect the public and
encourage the offender to rehabilitate.
Additionally, it is to implement long-
range population management plan to
prevent overcrowding in the in-state
correctional facilities. She admitted
that the Department has made considerable
progress in meeting the short-range
challenges.
2268
COMMISSIONER PUGH
Commented that the customers of the
Department are the people of Alaska who
have a right that this Department is run
correctly and smoothly. She pointed out
that the staff consists of 1400 employees
who perform hard and demanding work. The
benefits listed are relative to the
goals. The performance measures for the
goals include:
? Maintaining inmate populations within
the emergency capacity of each
institution;
? Minimizing the number of major
incidences;
? Increasing probation and parole
supervision of offenders through
increased monitoring and
accountability programs.
2322
COMMISSIONER PUGH
3,500 offenders in FY99 handled. Alaska's
institution can only hold 2,745 inmates,
forcing the State to sent 1,100 inmates
out-of-state. The Department addresses
this by continuing to implement its long-
term population management plan.
4,388 probation cases
TAPE HFC 00 - 13
SIDE 2
000
COMMISSIONER PUGH
Noted that the Department has addressed
many crimes over the past year. She
commented that having a loved in trouble
impacts the entire family. She added
that an entire community is victimized by
crimes. The Department of Corrections
touches great many lives each year.
119
COMMISSIONER PUGH
Listed the goals and strategies for
FY2001.
? manage offenders in a way that
protects public safety;
? provide services and programs that
effect positive change, structure
offender time, and facilitate
successful reintegration of offenders
into society; and
? provide effective correctional
administration through strategic
planning, training, quality assurance
and the use of automation and new
technologies.
Pointed out that the Department is
implementing a long-range plan. She
noted that the court determined mission
is different from that of the
legislature.
195
COMMISSIONER PUGH
Advised that operating the prison
facilities within the caps recommended by
the Legislature does make for a safer
facility.
243
COMMISSIONER PUGH
Stated that the long-range plan developed
for the Court includes expanding
facilities and expanding the use of
alternatives, which would include a
furrow program.
315
COMMISSIONER PUGH
Spoke the number of programs contained
within the correctional facilities
throughout the State. She pointed out
that continuous adherence to the strategy
has created a safe level and has
minimized the number of incidents within
the system. She noted that there have
been no escapes from any facility this
year. There was an attempted escape from
Spring Creek but it was intercepted
successfully.
485
COMMISSIONER PUGH
Added that there were 12 attempted and 6
successful escapes from the Arizona
prison. The Department is pleased to
report a minimum of disturbances within
the system here in Alaska.
586
COMMISSIONER PUGH
Pointed out that the other part of
managing offenders has to do with the
surveillance. If tension in an area is
minimized, the conditions will flow more
smoothly. She noted that this past year,
the caseloads did increase. The DOC
officers did increase court work. One of
the performance measures was to expand
the management information system to
include medical, clinical and
programmatic data.
725
COMMISSIONER PUGH
Stated that one of the biggest obstacles
was impeding the release of some
offenders into rural and bush communities
where there is a lack of available
treatment and supervision programs. The
circumstances have made it necessary for
some rural and bush offenders to reside
in hub communities during their terms of
probation and parole, which lessens the
chance of their successful reintegration
into their home community. The
Department is working to develop
partnerships between criminal justice
system agencies, health and social
service agencies, and regional and
village or tribal organizations to help
meet offenders' needs for supervision and
treatment in rural and bush communities.
785
COMMISSIONER PUGH
Outside of the major cities, the
Department is providing the "blow-tech"
video link to allow probation officers
more contact with their parolees. Such
an action will increase the role that the
probation officers are responsible from
being in.
870
VICE CHAIR BUNDE
Commented on the grade of the video.
898
DWAYNE PEEPLES,
DIRECTOR,
ADMINISTRATIVE
SERVICES, DEPARTMENT
OF CORRECTIONS
Responded that this video was a low grain
and not high quality. He added that the
cost of that equipment was $600 dollars.
940
COMMISSIONER PUGH
Agreed that there is nothing that can
take the place of personal contact, but
the video does provide an "extra tool" to
the probation officers.
980
REPRESENTATIVE
GRUSSENDORF
Noted that the Governor had recommended
that the DOC budget be increased by $100
million dollars.
1005
COMMISSIONER PUGH
Explained that the intent for that money
would be associated with projected growth
within the system. Any remainder would
be used for mental health services,
pervious commitments with the Division of
Mental Health and matching funds for a
men's alcohol treatment program and
substance abuse program.
1110
CO-CHAIR MULDER
Commented that last year's trends will
continue. He pointed out that a few
years ago, the Department provided a
projected scenario. He added that the
good news is that there will not be a lot
of growth in the Arizona prison from
Alaska prisoners.
1172
CO-CHAIR MULDER
Recommended that the Committee ask
questions from the Department.
1190
CO-CHAIR MULDER
Asked if there was a filing made to get
beneath the Clearly settlement.
1218
COMMISSIONER PUGH
Replied that effective date was June,
2000; anything prior to that, the
Department will have to file. She noted
that the Department is near compliance
across the board.
1256
CO-CHAIR MULDER
Misunderstood when the effective date
was.
1274
COMMISSIONER PUGH
Offered to provide that info to the
Committee members.
1286
CO-CHAIR MULDER
Questioned the measurement established in
SB 169 for the Division of Correctional
Industries.
1310
COMMISSIONER PUGH
Corrected that within SB 169, only
measures established for that Division.
1333
COMMISSIONER PUGH
Noted that the Division of Correctional
Industries has a specific mission. She
pointed out that the Board was appointed,
and that Board establishes the missions
and measures. That Board votes on their
missions and that the purpose of that
industry is to provide meaningful
activities and life skills and work
experiences for the inmates.
1396
CO-CHAIR MULDER
Referenced the work on the outside.
1402
COMMISSIONER PUGH
Agreed that was important, however, not
just job skills of folding laundry. She
emphasized that these people are being
taught life skills.
1478
CO-CHAIR MULDER
Asked if these tasks could be
simultaneously addressed. He questioned
if the inmate could get a job in their
field today.
1488
COMMISSIONER PUGH
Listed the various work training
industries:
* Furniture
* Laundry systems
* Metal plant
* Auto body plant
* Meat packing plant
* Garment shop
1563
CO-CHAIR MULDER
Inquired how many of those jobs, could an
inmate be able to transfer out to.
1576
REPRESENTATIVE
GRUSSENDORF
Warned that it was important that the
State institution was not competing with
the private industry. He acknowledged
that skills are limited and hopefully the
inmates will not be confined to only what
they have learned in prison.
1615
CO-CHAIR MULDER
Suggested that this was a policy question
- do we want these people to succeed on
the outside? He agreed that the best
thing for them is to have a meaningful
job. They must learn how to compete. He
recommended that the present policy be
reevaluated.
1656
REPRESENTATIVE
PHILLIPS
Suggested that the mission statement was
in statute. She asked if the board had
determined a different mission statement.
1689
COMMISSIONER PUGH
Explained that through SB169, the Board
supports that mission.
1713
REPRESENTATIVE
PHILLIPS
Asked about the functions and work being
done in the correctional institute. She
believed that the job skills could be
transferred except with the coffin
building.
1737
COMMISSIONER PUGH
Acknowledged that coffin building was a
private venture that is not being offered
any more.
1752
REPRESENTATIVE G.
DAVIS
The mission of correctional industries,
is a definition of rehabilitation to
learn how to deal with other people. He
believed that continuation of that aspect
was of vital importance to any mission
statement.
1803
REPRESENTATIVE G.
DAVIS
Stated that he was impressed with the
Tele-a-Medicine counsel, and thought that
counsel would be interested in hearing
about these interagency interactions. He
acknowledged that this idea is
complicated and exciting.
1855
VICE CHAIR BUNDE
Recommended providing that service
between Alaska and Arizona.
1871
COMMISSIONER PUGH
Stated that the Department has considered
various applications of communication for
the offenders in Arizona. She reiterated
that it has been addressed with
difficulty because of video capability
for various reasons in Arizona. She
added that none of these considerations
have yet been implemented. DOC does have
a toll free number to contact the Arizona
unit.
1945
ALLAN COOPER,
DIRECTOR, DIVISION
OF INSTITUTIONS,
DEPARTMENT OF
CORRECTIONS
Commented that the Department has tried
to implement some of these criteria
considerations. He stressed that if the
teleconferencing can be done, it will be
implemented. The problem stems from
being able to have the necessary staff on
site for using that service level.
1996
VICE CHAIR BUNDE
Stated that he was referencing the
prisoner population.
2009
REPRESENTATIVE
GRUSSENDORF
Noted that in the last 1.5 years, he has
not received any calls regarding negative
circumstances occurring in the State
prisons. He appalled that.
2072
REPRESENTATIVE G.
DAVIS
Observed that the Department had realized
a savings through food grown at the Point
McKenzie.
2145
COMMISSIONER PUGH
In response to a question from the
Committee members, Commissioner Pugh
noted that the State can not file for one
year.
2152
REPRESENTATIVE G.
DAVIS
Referred to an attempted escape from a
facility in his district. He asked the
Department's comfort level with the Fort
Greely negotiations.
2188
COMMISSIONER PUGH
HB 53 enacted last year authorized some
new facilities. She warned that the Fort
Greely project was moving slower than the
Anchorage project. It is anticipated that
the Anchorage facility will be open in
FY02. She noted that it is premature to
discuss moving the Greely project. The
hope it that it will be opened by FY03.
2258
VICE CHAIR BUNDE
ADJOURNMENT
The meeting adjourned at 3:15 p.m.
HOUSE FINANCE COMMITTEE
LOG NOTES
January 20, 2000
H.F.C. 12 1/20/00
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