Legislature(1993 - 1994)

01/26/1993 03:00 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
           HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                         
                       STANDING COMMITTEE                                      
                        January 26, 1993                                       
                            3:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Cynthia Toohey, Co-Chair                                                
  Rep. Con Bunde, Co-Chair                                                     
  Rep. Gary Davis, Vice Chair                                                  
  Rep. Tom Brice                                                               
  Rep. Bettye Davis                                                            
  Rep. Pete Kott                                                               
  Rep. Irene Nicholia                                                          
  Rep. Harley Olberg (arrived later)                                           
  Rep. Al Vezey                                                                
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Overview of the Department of Corrections                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Lloyd Rupp, Commissioner Designee                                            
  Department of Corrections                                                    
  P.O. Box 112000                                                              
  Juneau, Alaska 99811-2000                                                    
  (907) 465-3376                                                               
                                                                               
  Allen Cooper, Interim Deputy Commissioner                                    
  Department of Corrections                                                    
  P.O. Box 112000                                                              
  Juneau, Alaska 99811-2000                                                    
  (907) 465-3376                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-5, SIDE A                                                            
  Number 000                                                                   
                                                                               
  CO-CHAIR CYNTHIA TOOHEY called the meeting to order at                       
  3:04 p.m., announced she would chair the meeting, and noted                  
  members present.  She announced that the purpose of the                      
  meeting was to hear an overview of the Department of                         
  Corrections and to question Commissioner Rupp.                               
                                                                               
  LLOYD RUPP, COMMISSIONER DESIGNEE , DEPARTMENT OF                            
  CORRECTIONS, introduced two members of his staff:  Allen                     
  Cooper, interim deputy commissioner, and Dana Latour,                        
  legislative assistant.                                                       
                                                                               
  COMMISSIONER RUPP read a prepared statement to the                           
  committee.  (Attachment 1)  In it, he described the                          
  department's mission, the rising crime rates, prison                         
  populations, corrections budgets, prison construction costs,                 
  and the long delays between a judge's sentencing and the                     
  actual start of incarceration.  He said he opposed a master                  
  plan consultant's recommendation to build new facilities for                 
  up to 700 new inmates without first trying alternatives to                   
  full-time incarceration.  Commissioner Rupp proposed                         
  addressing alcohol, which he said was a major cause of                       
  crime, and reserving prison cells for serious criminals.  He                 
  proposed using his department to teach basic literacy,                       
  employment, and social skills to reduce recidivism.  He also                 
  proposed alternatives to confinement, such as daily                          
  reporting, fines, restitution, intense supervision, and                      
  electronic monitoring.                                                       
                                                                               
  COMMISSIONER RUPP said such efforts would require                            
  cooperation with the court system, with communities, and                     
  with private organizations.                                                  
                                                                               
  Number 172                                                                   
                                                                               
  COMMISSIONER RUPP referred to a document laying out the                      
  department's organization and some issues it faced.                          
  (Attachment 2)  The statement outlined the increased numbers                 
  of those awaiting incarceration, the general violation of                    
  emergency population caps, and the large backlog of cases                    
  requiring incarceration.  He said the department must                        
  increase its commitment to the use of intermediate                           
  sanctions.  He noted that 1,000 Alaska Natives were                          
  imprisoned in the state, and the department needed to                        
  improve its sensitivity to their different culture.                          
                                                                               
  COMMISSIONER RUPP asked the legislature's help to implement                  
  Project Hope, a "boot camp" type program of early                            
  intervention and financial accountability for substance                      
  abusing criminals.  (An outline of the program is included                   
  in Attachment 2).  He also asked for legislative help in                     
  developing sentencing alternatives, which he defined as                      
  options available to a judge passing sentence on a convict,                  
  other than incarceration, which can cost the state up to                     
  $100 per day per inmate.  He defined intermediate sanctions                  
  as measures, such as half-way houses or community residence                  
  centers, where incarcerated felons may transition to                         
  freedom.  He defined back-end sanctions as those applied to                  
  parolees who may need to be returned to incarceration or to                  
  a half-way house.  He also asked the legislature to return                   
  the Wildwood Correctional Facility to full operating                         
  capacity.                                                                    
                                                                               
  Number 248                                                                   
                                                                               
  COMMISSIONER RUPP said he attended a meeting January 26 with                 
  several commissioners involved in the Point Hope project.                    
  He reported that he expected faster-than-expected progress                   
  in laying the groundwork for setting up Project Hope camps                   
  at the site of the state-supported Point MacKenzie dairy                     
  farms.                                                                       
                                                                               
  CHAIR TOOHEY asked Commissioner Rupp to explain his                          
  confrontation with the Speaker of the House over his                         
  supplemental budget request.                                                 
                                                                               
  COMMISSIONER RUPP answered that the department has in the                    
  past often sought $10 million in supplemental                                
  appropriations, but deficits from earlier fiscal years,                      
  combined with more recent budget reductions, had left the                    
  department about $10 million in the hole.  While the                         
  previous commissioner may have accepted such a budget                        
  situation, possibly based on different assumptions about                     
  prison populations, he said he could not accept such a                       
  situation and needed the supplemental funding.                               
                                                                               
  COMMISSIONER RUPP said he had been on the job only three                     
  months, but the recent skyrocketing in the population of                     
  felons in the state also justified the request for                           
  supplementary funding.  He reiterated his desire to move                     
  from a bed-driven system to a system relying more on                         
  alternative sanctions, a desire he predicted would be                        
  reflected in his budget requests and which might lower the                   
  department's budget in the long run.                                         
                                                                               
  Number 331                                                                   
                                                                               
  REP. BETTYE DAVIS asked how much of the department's budget                  
  would be spent on community corrections, and whether it was                  
  higher or lower than the previous year.  She expressed                       
  concern about the cancellation of a probation officer                        
  training academy.                                                            
                                                                               
  COMMISSIONER RUPP replied that the community corrections                     
  budget would be significantly higher this year.  He said                     
  while last year's budget cutback aimed at closing the                        
  academy, there were some staffers remaining.  He believed                    
  training was important, especially in administering                          
  alternative sanctions, and he planned to restart the                         
  training academy.  He noted that the department's training                   
  function has been moved directly under the commissioner.                     
                                                                               
  REP. B. DAVIS asked whether it was true that some parole and                 
  probation officers had received permission to carry guns 24                  
  hours a day, though they may not have completed                              
  psychological testing.                                                       
                                                                               
  COMMISSIONER RUPP answered that that was true.  He said                      
  department staffers in Fairbanks have expressed an interest                  
  in allowing officers to carry weapons, as the department had                 
  caught 36 parolees or probationers carrying guns in the last                 
  18 months.  He said he approved 24-hour weapons carrying                     
  permits for those that requested them, as long as they had                   
  been trained and qualified with their weapons, and as long                   
  as body armor was also made available to them.  Commissioner                 
  Rupp said the state does not now require psychological                       
  testing prior to issuing such permits, though he supported                   
  such tests and wanted to begin administering them.  However,                 
  he declined to put officers at risk by depriving them of                     
  weapons for the weeks or months it may take to get such                      
  tests.                                                                       
                                                                               
  Number 390                                                                   
                                                                               
  REP. BUNDE asked about the possibility of requiring alcohol                  
  abusing offenders to take Antabuse, a drug which induces                     
  violent physical reactions to any alcohol they consume.                      
                                                                               
  COMMISSIONER RUPP answered that the department was planning                  
  a pilot study of using acupuncture, and was soliciting                       
  information from private contractors on methods found to be                  
  successful in other states.  He expressed his opposition to                  
  discussion groups as a waste of money, and his devotion to                   
  job skills training as an important element of                               
  rehabilitating alcoholics inmates.                                           
                                                                               
  Number 431                                                                   
                                                                               
  REP. BUNDE expressed an interest in learning recidivism                      
  rates in Alaska, and also asked whether the state provides                   
  tobacco to inmates.                                                          
                                                                               
  ALLEN COOPER, INTERIM DEPUTY COMMISSIONER, DEPARTMENT OF                     
  CORRECTIONS, remarked that this question had been raised by                  
  Rep. Jerry Sanders and an answer would be available the next                 
  day.                                                                         
                                                                               
  COMMISSIONER RUPP said the department was studying the                       
  possibility of having smoke-free corrections institutions                    
  and the legal ramifications.                                                 
                                                                               
  REP. BUNDE asked whether recent reports on the dangers of                    
  second-hand tobacco smoke would bring changes in prison                      
  smoking policies.                                                            
                                                                               
  COMMISSIONER RUPP responded that the report would likely                     
  have a major impact on such policy considerations.                           
                                                                               
  Number  456                                                                  
                                                                               
  REP. BRICE asked whether probation officers were covered by                  
  the Alaska Police Standards Commission.                                      
                                                                               
  COMMISSIONER RUPP said they were, but he was not sure                        
  exactly how the commission's standards applied and he would                  
  have to get more detailed information later.                                 
                                                                               
  REP. B. DAVIS asked how many members of minority groups were                 
  employed in the department, particularly upper management.                   
                                                                               
  COMMISSIONER RUPP stated the department employed 106 Alaska                  
  Natives and 36 American Indians, but he was not sure of the                  
  number of Blacks or Hispanics.  At Rep. B. Davis' request,                   
  he promised to forward a thorough breakdown.  Commissioner                   
  Rupp expressed concern that, except for one deputy                           
  superintendent and a recent hire to address Native cultural                  
  issues, few minority employees were at ranks higher than                     
  sergeant.  He said the department had formed an ad hoc                       
  committee to address the small numbers of minority and                       
  female employees.                                                            
                                                                               
  Number 496                                                                   
                                                                               
  REP. BRICE asked whether the department had any long-term                    
  departmental budget projections.  He also asked for                          
  projections for a new women's facility, for any planned                      
  changes to the Wildwood Correctional Facility, or any                        
  proposed locations for new facilities.                                       
                                                                               
  COMMISSIONER RUPP answered that the lack of a management                     
  information system handicapped production of such                            
  projections, and the department has started a three-year                     
  program to develop such a system.  He pointed out his                        
  obligation to accommodate all inmates sent him by the                        
  courts, and his lack of control over the process.  However,                  
  some computer models allowed some projections, though he                     
  disagreed with a master planning consultant's recommendation                 
  to build a new 700-bed facility by 1996.  He said the demand                 
  did not justify building a separate women's facility but                     
  supported studying the possibility of building a women's                     
  unit adjacent to some existing correctional facility.                        
                                                                               
  COMMISSIONER RUPP projected a 2.5 percent to 4.5 percent                     
  annual increase in convictions, which would justify expanded                 
  intermediate sanctions programs instead of more building.                    
  Building more prisons to handle large loads of convicts                      
  felons would be an expensive and not always successful                       
  tactic, he said.  He commented he would prefer to address                    
  the causes of crime, and to work with minor criminals before                 
  they commit offenses necessitating long-term imprisonment.                   
  With such an effort, he said, the department could meet its                  
  long-term inmate housing needs without new construction,                     
  though with some adjustments.                                                
                                                                               
  Number 555                                                                   
                                                                               
  REP. BRICE asked about the department's policy on                            
  procurement, and said small Interior businesses had                          
  expressed interest in this area.                                             
                                                                               
  COMMISSIONER RUPP said the department had both state-wide                    
  and single-institution procurement policies, and was trying                  
  to reduce procurement costs.  He asked permission to respond                 
  in writing with more information.                                            
                                                                               
  Number 572                                                                   
                                                                               
  CHAIR TOOHEY asked whether, given budget restrictions, the                   
  department could train prison inmates to serve as alcoholism                 
  peer counselors.                                                             
                                                                               
  COMMISSIONER RUPP said it was inappropriate to allow inmates                 
  to provide their fellow inmates some services, such as                       
  medical care, as such work involved delicate issues of                       
  health and confidentiality.  However, inmates can be                         
  successfully used to provide vocational training to other                    
  inmates.                                                                     
                                                                               
  TAPE 93-5, SIDE B                                                            
  Number 000                                                                   
                                                                               
  REP. OLBERG asked whether the committee could visit the                      
  Wildwood Correctional Facility.                                              
                                                                               
  COMMISSIONER RUPP answered that such a visit would be                        
  beneficial and possible, and visits were now being scheduled                 
  around legislators' schedules, possibly early in the                         
  morning.                                                                     
                                                                               
  REP. B. DAVIS asked whether the department's plans for                       
  Operation Hope required enactment of a bill.                                 
                                                                               
  COMMISSIONER RUPP said some attorneys have told him that the                 
  commissioner has power to enact many of the provisions in                    
  Project Hope, but other advice has indicated that sending                    
  those convicted of driving under the influence of alcohol to                 
  Project Hope "boot camps" might require some clarifying                      
  changes in laws.  The commissioner said he wanted to scope                   
  out problems, generate a consensus, and come up with a                       
  thoroughly researched plan to be presented to the                            
  legislature next year.                                                       
                                                                               
  Number 086                                                                   
                                                                               
  COMMISSIONER RUPP, responding to questions from REP. BRICE,                  
  said the state's prison industries program was alive and                     
  well, though its focus was changing under his new                            
  leadership.  He said he wanted to involve businesses and                     
  unions to help determine what job skills would help inmates                  
  get jobs, then help teach such skills.  He expressed                         
  enthusiasm at the prospect of providing inmates with useful                  
  work skills.                                                                 
                                                                               
  REP. NICHOLIA encouraged Commissioner Rupp to hire more                      
  Alaska Natives in the department, including administration,                  
  and also to promote Natives already employed.  She also                      
  asked the percentage of minority workers at Lemon Creek                      
  Correctional Center.                                                         
                                                                               
  MR. COOPER said there were now 60 workers, but he did not                    
  know the number of minorities.                                               
                                                                               
  COMMISSIONER RUPP said that when he first joined the                         
  department, he found little awareness of minority                            
  employment.  He stated he would provide more information on                  
  minority employment.  He also said the department was                        
  interested in using interns this summer to provide executive                 
  training for university students or others, and possibly                     
  providing scholarships for such a program.                                   
                                                                               
  Number 196                                                                   
                                                                               
  CHAIR TOOHEY suggested offering internships to lower-level                   
  departmental employees.                                                      
                                                                               
  COMMISSIONER RUPP said the department's training academy was                 
  a good way to achieve such training.                                         
                                                                               
  Number 216                                                                   
                                                                               
  REP. B. DAVIS asked Commissioner Rupp whether he was happy                   
  to be in his current position, and whether he planned any                    
  major changes in the department.                                             
                                                                               
  COMMISSIONER RUPP answered that, on balance, he was glad to                  
  be in his current position, though he recognized the                         
  difficulty of his position.  Insofar as making changes, he                   
  noted that he had already reestablished the training academy                 
  under his direct authority.  He said he was proposing other                  
  changes, including adding staffers to deal with special                      
  needs and Alaska Native offenders.  He also praised the                      
  professional qualifications and dedication of his staff.                     
                                                                               
  Number 268                                                                   
                                                                               
  There being no more questions, CHAIR TOOHEY adjourned the                    
  meeting at 4:05 p.m.                                                         

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