Legislature(2023 - 2024)GRUENBERG 120

02/22/2023 01:00 PM House JUDICIARY

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01:34:00 PM Start
01:35:28 PM Presentation(s): Department of Public Safety Operations
03:01:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:30 --
+ Overview: Department of Public Safety Operations TELECONFERENCED
by Commissioner James Cockrell and Pam Halloran,
Administrative Services Director
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 22, 2023                                                                                        
                           1:34 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sarah Vance, Chair                                                                                               
Representative Jamie Allard, Vice Chair                                                                                         
Representative Ben Carpenter                                                                                                    
Representative Craig Johnson                                                                                                    
Representative David Eastman                                                                                                    
Representative Andrew Gray                                                                                                      
Representative Cliff Groh                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S):  DEPARTMENT OF PUBLIC SAFETY OPERATIONS                                                                        
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JAMES COCKRELL, Commissioner                                                                                                    
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Gave a  PowerPoint, titled  "Department of                                                             
Public Safety  Overview," during the Department  of Public Safety                                                               
Operations presentation.                                                                                                        
                                                                                                                                
LISA PURINTON, Legislative Liaison                                                                                              
Office of the Commissioner                                                                                                      
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Assisted  in  giving  a PowerPoint  titled                                                             
"Department of  Public Safety Overview" during  the Department of                                                               
Public Safety operations presentation.                                                                                          
                                                                                                                                
DAVID KANARIS, Chief of Forensic Laboratories                                                                                   
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Assisted  in giving  a PowerPoint,  titled                                                             
"Department  of   Public  Safety   Overview  House"   during  the                                                               
Department of Public Safety operations presentation                                                                             
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:00 PM                                                                                                                    
                                                                                                                                
CHAIR SARAH  VANCE called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:34  p.m.   Representatives  Vance, Allard,                                                               
Carpenter,  Eastman,  Gray, Groh  were  present  at the  call  to                                                               
order.   Representative  Johnson arrived  as the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
CHAIR  VANCE  talked  about  the   Judiciary  Committee  and  its                                                               
purpose.                                                                                                                        
                                                                                                                                
^PRESENTATION(S):  Department of Public Safety Operations                                                                       
    PRESENTATION(S):  Department of Public Safety Operations                                                                
                                                                                                                              
1:35:28 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the only order of  business would the                                                               
Department of Public Safety Operations presentation.                                                                            
                                                                                                                                
1:35:51 PM                                                                                                                    
                                                                                                                                
JAMES COCKRELL,  Commissioner, Department of Public  Safety, gave                                                               
a  PowerPoint, titled  "Department  of  Public Safety  Overview,"                                                               
during the  Department of  Public Safety  Operations presentation                                                               
[hard copy included in the committee  packet].  He began on slide                                                               
1 by introducing all staff present on the phone line.                                                                           
                                                                                                                                
1:36:51 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   COCKRELL  provided   a  broad   overview  of   the                                                               
Department  of Public  Safety (DPS),  and his  presentation.   He                                                               
said that  last year the  department was provided  resources that                                                               
have turned  to positive  public safety results  for Alaska.   He                                                               
reported that the  overall crime rate is lower today  than it was                                                               
in 1974.   He  highlighted DPS  efforts to  seize fatal  doses of                                                               
fentanyl and  other drugs in  2022.   He talked about  hiring two                                                               
new  investigators  of  murdered  missing  Indigenous  women  and                                                               
persons and  said there  are currently  65 village  public safety                                                               
officers (VPSOs) serving rural Alaska.   He announced that DPS is                                                               
moving  forward with  a  new  bodycam program  and  said a  pilot                                                               
program is planned  to be launched in the coming  months ahead of                                                               
full deployment in the summer.                                                                                                  
                                                                                                                                
1:38:34 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL outlined  the department's  key objectives                                                               
on slide  2: recruiting and retaining  troopers/staff, bolstering                                                               
rural  Alaska law  enforcement and  safety, focusing  on domestic                                                               
violence  and   sexual  assault,   staffing  the   VPSO  program,                                                               
protecting  fisheries and  wildlife resources,  and investigating                                                               
narcotics and major  crimes.  He reported that  in the governor's                                                               
amended  budget, the  department  is at  951 permanent  full-time                                                               
staff, 16 full/part-time investigator  positions, and has a total                                                               
budget of $299,938,800.                                                                                                         
                                                                                                                                
1:40:29 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL spoke on  the statewide responsibilities of                                                               
DPS  and  the  Alaska  State  Troopers while  on  slide  3.    He                                                               
explained that the department is  responsible for law enforcement                                                               
patrol   and   investigations,  resource   protection,   domestic                                                               
violence/sexual    assault/victim   services,    special   patrol                                                               
activities, and search and rescues.   He said the department also                                                               
manages  the  Alaska  Scientific  Crime Detection  lab,  and  the                                                               
Alaska Public Safety Information Network (APSIN).                                                                               
                                                                                                                                
1:41:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD asked  Commissioner Cockrell  to speak  on                                                               
sexual assault kits.                                                                                                            
                                                                                                                                
COMMISSIONER  COCKRELL  explained  that  when  a  sexual  assault                                                               
occurs in  Alaska, and  the person  has undergone  DNA collection                                                               
and  examination,  then  that  is  when  the  department  has  an                                                               
unprocessed  kit.   The  kit is  then sent  to  the forensic  lab                                                               
("crime  lab") within  30 days,  and the  lab will  hold the  kit                                                               
indefinitely as evidence.   He said a kit  is typically processed                                                               
in  55 days.    He noted  that  several years  ago  there was  an                                                               
estimated the backlog of about 1,800  kits.  He reported that the                                                               
department, after  getting an additional kit  analyst and federal                                                               
funding, had  cleared the 1,800 kit  backlog.  He noted  that DPS                                                               
has one long term non-permanent  sexual assault investigator that                                                               
reviews  the  kits  and conducts  follow  up  investigations.  In                                                               
response to  a question from Representative  Allard, he clarified                                                               
that  the  department  had  cleared   the  previous  backlog  but                                                               
currently has kits within evidence that have not been tested.                                                                   
                                                                                                                                
REPRESENTATIVE  ALLARD asked  for the  date the  department began                                                               
clearing the  1,800-kit backlog, and  the number of  backlog kits                                                               
that were processed.   Further - if there is  a backlog currently                                                               
- if Commissioner Cockrell knows the amount.                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL  clarified  that  the  number  of  cleared                                                               
backlogged kits at  that time, 1,800, is a guesstimate.   He said                                                               
he can  provide Representative Allard  with the dates  and number                                                               
of kits DPS processed.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ALLARD stressed  the  importance  of getting  the                                                               
numbers before the end of Commissioner Cockrell's presentation.                                                                 
                                                                                                                                
1:45:31 PM                                                                                                                    
                                                                                                                                
LISA PURINTON,  Legislative Liaison, Office of  the Commissioner,                                                               
Department of  Public Safety,  said the state  crime lab,  on its                                                               
website within  DPS, tracks  the number  of backlogged  DNA kits.                                                               
Of the  previously mentioned  1,800 untested  kits, she  said DPS                                                               
has processed  all of them.   She explained the  lab's definition                                                               
of a  backlogged kit: a kit  that has not been  processed in over                                                               
30 days.   She said  the number  of backlogged kits  currently is                                                               
48.                                                                                                                             
                                                                                                                                
REPRESENTATIVE ALLARD aired her concern  with the definition of a                                                               
backlogged kit.  She requested the number of processed kits.                                                                    
                                                                                                                                
MS. PURINTON assured Representative Allard  that she will get the                                                               
requested information.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ALLARD asked  Ms. Purinton  to confirm  the total                                                               
number of backlogged sexual assault kits in the entire state.                                                                   
                                                                                                                                
MS.  PURINTON confirmed  that there  are 48  kits that  have gone                                                               
unprocessed for over  30 days.  She said she  will get the number                                                               
of untested kits to Representative Allard.                                                                                      
                                                                                                                                
1:47:31 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  asked why there is  a backlog despite there  being a                                                               
full-time position  in the lab  to process  kits.  She  asked for                                                               
further information  about the timeline of  processing backlogged                                                               
kits.                                                                                                                           
                                                                                                                                
COMMISSIONER  COCKRELL said  DPS is  required by  law to  get the                                                               
kits processed  within 90 days.   He  said he would  not consider                                                               
the  48 kits  to be  backlogged.   He detailed  the kit  process:                                                               
extract DNA  samples, submit data  into evidence, and  upload the                                                               
data  to the  combined DNA  index system  (CODIS).   He said  the                                                               
information  is  then  brought  to  the  officer/trooper  who  is                                                               
working  the  case  and  the  Department of  Law  (DOL);  then  a                                                               
decision is made whether to  arrest the individual and adjudicate                                                               
the case.                                                                                                                       
                                                                                                                                
CHAIR VANCE  asked how long  it took the  crime lab prior  to the                                                               
passage  of House  Bill  31, during  the  Thirtieth Alaska  State                                                               
Legislature.                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL deferred to Mr. Kanaris.                                                                                  
                                                                                                                                
1:49:41 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:49 p.m. to 1:50 p.m.                                                                       
                                                                                                                                
1:50:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE Allard asked  Mr. Kanaris for the  definition of a                                                               
"backlogged" kit that has not been  tested, as well as the number                                                               
of untested and unprocessed kits in the state.                                                                                  
                                                                                                                                
COMMISSIONER COCKRELL  relayed his  understanding to  Mr. Kanaris                                                               
that there are 48 unprocessed kits.                                                                                             
                                                                                                                                
1:52:30 PM                                                                                                                    
                                                                                                                                
DAVID  KANARIS, Chief  of  Forensic  Laboratories, Department  of                                                               
Public Safety, explained that the  crime lab defines "backlogged"                                                               
as  any case  that is  over 30  days old  that has  not completed                                                               
testing,  and  said  this  includes   the  kits  that  have  been                                                               
partially  completed.   He reported  the number  of DNA  cases on                                                               
record statewide  - comprising offences of  either sexual assault                                                               
with an adult or sexual assault of a  minor - as 59.  He said the                                                               
average age  of the  cases is  47 days.   He  said the  crime lab                                                               
would  not  know of  any  unsubmitted  kits  since the  kits  are                                                               
submitted to the lab by law enforcement agencies in the state.                                                                  
                                                                                                                                
1:53:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD asked, since the  kits are submitted to the                                                               
lab  from  law enforcement  agencies  across  the state,  whether                                                               
there might  be unreported cases  that the department may  not be                                                               
aware of.                                                                                                                       
                                                                                                                                
COMMISSIONER COCKRELL responded there's a good chance.                                                                          
                                                                                                                                
REPRESENTATIVE ALLARD  asked about  the potential of  there being                                                               
an unknown number of unreported kits.                                                                                           
                                                                                                                                
COMISSIONOR  COCKRELL explained  that,  by  law, law  enforcement                                                               
agencies must return  the kits within 30 days.   He repeated that                                                               
it takes 90 days to process a kit.                                                                                              
                                                                                                                                
REPRESENTATIVE  ALLARD   sought  further  clarification   on  the                                                               
unknown number of unreported kits.                                                                                              
                                                                                                                                
1:54:40 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked Commissioner Cockrell  to explain where the DNA                                                               
test kit  originates and  when the counting  begins to  process a                                                               
kit.                                                                                                                            
                                                                                                                                
REPRESENTATIVE ALLARD  noted that her  question had not  yet been                                                               
answered.                                                                                                                       
                                                                                                                                
1:55:38 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:55 p.m. to 1:56 p.m.                                                                       
                                                                                                                                
1:56:24 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  asked Commissioner Cockrell  to answer  the question                                                               
she had asked prior to the at-ease.                                                                                             
                                                                                                                                
COMMISSIONER COCKRELL answered that,  following a sexual assault,                                                               
an  officer/trooper  handles  the   investigation,  and  a  nurse                                                               
processes  the kit.   The  kit requires  information from  a full                                                               
examination  of   the  person  who  was   assaulted.    Following                                                               
processing,  the  kit  and  evidence   is  sealed,  and  the  law                                                               
enforcement agency then  returns the kit to the  state crime lab.                                                               
He  noted that  in  Alaska, most  sexual  assaults occur  against                                                               
women,  and that  the state  leads the  nation in  the number  of                                                               
sexual assaults per capita.                                                                                                     
                                                                                                                                
CHAIR  VANCE  asked what  entity  initiates  the request  for  an                                                               
unused DNA kit.                                                                                                                 
                                                                                                                                
COMISSIONER  COCKRELL   explained  that  local   law  enforcement                                                               
agencies request  unprocessed sexual assault  kits.  He  said the                                                               
crime lab  keeps track  of every sexual  assault kit  that leaves                                                               
and  returns  to  the  lab,  processed   or  not.    He  said  an                                                               
application ("app")  is being developed that  would allow victims                                                               
of sexual  assault to track  their kits from  initial examination                                                               
to final completion.                                                                                                            
                                                                                                                                
CHAIR VANCE  asked for the number  of unused kits that  were sent                                                               
to local  law enforcement agencies  but were not returned  to the                                                               
state crime lab.                                                                                                                
                                                                                                                                
1:59:21 PM                                                                                                                    
                                                                                                                                
MR. KANARIS  responded that he does  not have a number.   He said                                                               
the  crime lab  is  the  lead entity  in  the  state that  orders                                                               
untested  kits provided  to law  enforcement agencies.   He  said                                                               
batches of  50-100 kits are  typically sent out to  law agencies,                                                               
and  said the  assumption  is  that the  "vast  majority will  be                                                               
used."   He explained that  the kits are  also used to  be broken                                                               
down for  demonstration purposes,  and as a  result, there  is no                                                               
1:1 ratio  between the number  of distributed and  returned kits.                                                               
He talked about the crime lab's  plan to assign a barcode to each                                                               
kit for tracking  purposes, as well as for data  integration to a                                                               
kit tracking  software.   Once the  app is  online, he  said, the                                                               
crime lab  will then  be able  to track  the data  that committee                                                               
members are requesting.                                                                                                         
                                                                                                                                
CHAIR VANCE asked when the tracking software will be online.                                                                    
                                                                                                                                
MR  KANARIS  answered  that the  software  will  be  sequentially                                                               
deployed throughout the  state.  He said  initial deployment will                                                               
begin in April.                                                                                                                 
                                                                                                                                
2:01:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if there  is a desire  to redefine,                                                               
in statue, what is considered a backlog.                                                                                        
                                                                                                                                
COMMISSIONER  COCKRELL  replied   that,  regarding  the  timeline                                                               
outlined  in  AS  44.41.065,  the  crime  lab  does  not  have  a                                                             
processing  backlog.   He said  the lab  is currently  processing                                                               
kits quicker than what is required by statue.                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if  there has been  interest within                                                               
DPS to change the 90-day requirement.                                                                                           
                                                                                                                                
COMMISSIONER  COCKRELL   answered  that  since  kits   are  being                                                               
processed  within the  required legal  timeframe, DPS  is meeting                                                               
current statute requirements.                                                                                                   
                                                                                                                                
2:02:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER asked Mr. Kanaris  for the number of sex                                                               
assault kits that have been  sent out to law enforcement agencies                                                               
in the state to be used.                                                                                                        
                                                                                                                                
MR.  KANARIS explained  that the  crime lab  manually tracks  the                                                               
kits and  will continue to  do so  until the tracker  software is                                                               
operational.   He  offered  to  provide Representative  Carpenter                                                               
with the number of kits sent out in the last few years.                                                                         
                                                                                                                                
2:04:15 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL  presented a  graphic on slide  4 depicting                                                               
an organizational  chart for  DPS.   He walked  committee members                                                               
through the chart.                                                                                                              
                                                                                                                                
2:05:07 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL  detailed  the department's  successes  in                                                               
2022 on  slide 5.  He  said the department added  two missing and                                                               
murdered Indigenous  people investigators  to focus on  cold case                                                               
disappearances and murders  of Alaska Natives.   He reported that                                                               
DPS  seized   13,425,000  potentially  fatal  doses   of  illicit                                                               
fentanyl  last  year,  as  well  as  81  kilograms  of  meth,  40                                                               
kilograms of  heroin, and 3,300  bottles of illegal  alcohol that                                                               
were bound for dry villages.                                                                                                    
                                                                                                                                
2:06:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked, in reference  to the 13,425,000                                                               
fatal  doses of  fentanyl that  were seized  last year,  how that                                                               
amount would be measured in weight.                                                                                             
                                                                                                                                
COMMISSIONER COCKRELL could not answer.                                                                                         
                                                                                                                                
REPRESENTATIVE C. JOHNSON queried about  the volume of the seized                                                               
drugs, and whether the number  reflects fentanyl seized in "pure"                                                               
or "cut" forms.                                                                                                                 
                                                                                                                                
COMMISSIONER  COCKRELL   answered  that  DPS  has   been  seizing                                                               
fentanyl  in both  forms.    He said  the  department has  seized                                                               
fentanyl that  was laced  with other  substances, like  heroin or                                                               
marijuana.  He said the reason  dealers lace fentanyl in drugs is                                                               
that it makes  "their high, higher" and the  drug more addictive.                                                               
He noted  that last year there  were about 200 drug  overdoses in                                                               
the state.  He noted a rise of seizures in cocaine.                                                                             
                                                                                                                                
REPRESENTATIVE C. JOHNSON  asked if the data on  the 200 overdose                                                               
deaths breaks out into different types of drugs.                                                                                
                                                                                                                                
COMMISSIONER  COCKRELL said  the overdose  death data  touches on                                                               
all  drugs.   During the  autopsies,  he said  the deceased  were                                                               
found to  have a  "cocktail" of  drugs within  their system.   He                                                               
offered  to follow  up  later and  provide  information from  the                                                               
medical examiner's  office regarding  drug overdoses.   He agreed                                                               
to a  request by Representative  C. Johnson to  provide committee                                                               
members with the total weight of  all the possibly fatal doses of                                                               
fentanyl that were seized in 2022.                                                                                              
                                                                                                                                
2:09:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  highlighted Commissioner  Cockrell's comment                                                               
regarding Alaska  having a 15  percent decline in crime  rate but                                                               
also the  highest rate  of domestic  violence and  sexual assault                                                               
per  capita in  the  country.   He asked  what  the committee  or                                                               
legislature could do to reduce the rates in the state.                                                                          
                                                                                                                                
COMMISSIONER  COCKRELL  replied  that  Alaska is  among  the  top                                                               
states  in the  country for  rates  of violent  crime per  capita                                                               
based on  2022 unified  crime reports (UCR)  data.   He addressed                                                               
the rate of  domestic violence and sexual  assault, and explained                                                               
that law enforcement  does play a role in  addressing those acts,                                                               
but he  said the issue is  larger than just law  enforcement.  He                                                               
highlighted  work  the  Council  on Domestic  Violence  &  Sexual                                                               
Assault has done but stressed  that there must be societal change                                                               
before  a real  difference  is  made in  the  offence  rate.   He                                                               
referenced the rates of sexual  assault in rural Alaska, and said                                                               
that between Bethel and the  Northwest Arctic Borough, there were                                                               
over 300 sexual assaults documented.                                                                                            
                                                                                                                                
REPRESENTATIVE  GROH  noted  his   own  experience  as  a  former                                                               
prosecutor.    He  asked  Commissioner Cockrell  if  he  has  any                                                               
suggestions  on how  the legislature  could help  DPS in  getting                                                               
more certainty  of apprehension and successful  prosecutions. For                                                               
example, if  there were  any adjustments to  the budget  or state                                                               
law that could help further that.                                                                                               
                                                                                                                                
COMMISSIONER COCKRELL answered that  passing new laws or tweaking                                                               
existing laws  right now would  not make  a huge difference.   He                                                               
suggested  that   more  resources  go  towards   law  enforcement                                                               
agencies  and prosecution  in certain  areas  of the  state.   He                                                               
explained that, in his experience,  cases do get dismissed due to                                                               
a lack of prosecutors, and he  said the Office of the Governor is                                                               
addressing the  issue.  He  said his  focus is rural  Alaska, and                                                               
stressed  that  DPS does  not  have  the resources  necessary  to                                                               
provide protection  to some  communities in the  state.   He said                                                               
DPS is behind on the power  curve, suggested that until the state                                                               
puts a concentrated effort in  rural Alaska, DPS will continue to                                                               
suffer.                                                                                                                         
                                                                                                                                
2:15:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  asked about  the  state's  declining                                                               
crime rate.  He asked  if the statistical methodology has changed                                                               
since 1974.                                                                                                                     
                                                                                                                                
COMMISSIONER  COCKRELL  replied  that  the  methodology  has  not                                                               
changed.   He said DPS  continues to use  UCR for reports  to the                                                               
Federal Bureau of  Investigations (FBI) and as a  data source for                                                               
yearly reports.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  asked if  the crime  data within  UCR                                                               
accounts for cases where an officer  was present.  He provided an                                                               
example where a person makes a  call only to create a case number                                                               
for insurance.                                                                                                                  
                                                                                                                                
COMMISSIONER COCKRELL explained that  DPS has an online reporting                                                               
system where an  individual can send a report to  the local state                                                               
trooper detachment  regarding criminal  activity and have  a case                                                               
created.  He said UCRs  have remained consistent since the 1930s.                                                               
He spoke  on looking at crime  overall and advised that  the data                                                               
needs to  be viewed in  the long  term over short  term "spikes."                                                               
He said COVID has affected the crime data.                                                                                      
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON asked  if  reports  sent through  the                                                               
online crime report system feed into FBI data.                                                                                  
                                                                                                                                
COMMISSIONER  COCKRELL clarified  that  the crime  must meet  UCR                                                               
criteria  to  be  reported.    He explained  that,  in  order  to                                                               
decrease the call  volume to DPS and its  detachments, the online                                                               
crime report system  was created to capture  "lower level" crimes                                                               
for individuals  seeking an  insurance claim.   He said  the data                                                               
from a case sent online would be submitted into UCR.                                                                            
                                                                                                                                
REPRESENTATIVE C. JOHNSON  asked if the UCR  criteria is publicly                                                               
available.                                                                                                                      
                                                                                                                                
COMMISSIONER COCKRELL  responded that the UCR  data is accessible                                                               
to the public on the Internet, and  all 2022 crime data is on the                                                               
DPS website.  He stressed that  the data in UCR only accounts for                                                               
reported crimes.                                                                                                                
                                                                                                                                
REPRESENTATIVE   C.   JOHNSON    stressed   the   difficulty   in                                                               
understanding  that,   while  the   crime  rate  is   going  down                                                               
statewide, he still hears about and  sees signs of petty crime in                                                               
his community.  He said some  of those crimes also go unreported;                                                               
therefore, he is unsure the crime rate is going down.                                                                           
                                                                                                                                
COMMISSIONER COCKRELL  said the visual  signs of crime  depend on                                                               
the  area  individuals live  in  and  how  active the  local  law                                                               
enforcement agency is.  He explained  that if the local agency is                                                               
engaged and  responds to  every call in  the community,  then the                                                               
community will be  more apt to report crimes.   Conversely, if an                                                               
agency is overburdened  and unable to respond to  calls, he said,                                                               
there is a tendency of lower level crimes going unreported.                                                                     
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked  if Commissioner  Cockrell could                                                               
name  one  law  enforcement  agency  in the  state  that  is  not                                                               
overburdened.                                                                                                                   
                                                                                                                                
COMMISSIONER COCKRELL replied no, "not really."                                                                                 
                                                                                                                                
2:21:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER asked how often  cases or arrests in the                                                               
state  were   dismissed  due  to   a  lack  of  process   on  law                                                               
enforcement's part.                                                                                                             
                                                                                                                                
COMMISSIONER COCKRELL said DPS does  not keep track of the number                                                               
of dismissed cases.   He explained that the case  is submitted to                                                               
DOL,  regardless if  there was  an arrest  or not.   He  said DPS                                                               
submits  cases where  an arrest  was not  made based  on a  legal                                                               
review of the case prior to charging.                                                                                           
                                                                                                                                
REPRESENTATIVE  CARPENTER asked  if the  number of  cases between                                                               
DPS and  the DOL match.   He explained  he is seeking  "where the                                                               
problem is breaking down."  He said  he wants to know the data on                                                               
why the DA could not prosecute a  case.  He asked if DPS has data                                                               
that reflects why  a case was dismissed, and whether  if DPS does                                                               
not track that, DOL does.                                                                                                       
                                                                                                                                
COMMISSIONER  COCKRELL  said  DPS   does  not  collect  the  data                                                               
Representative Carpenter  is seeking.   He said DOL  has criteria                                                               
for screening cases, and part of  the decision is whether DPS has                                                               
enough  evidence  to  convict  the  individual.    He  said  each                                                               
community is different, and shared  an example from Cordova where                                                               
prosecution would  not take a  driving under the  influence (DUI)                                                               
case on a resident because the jury would not convict.                                                                          
                                                                                                                                
REPRESENTATIVE  CARPENTER  asked   if  the  example  Commissioner                                                               
Cockrell shared  is anecdotal,  and if  there is  data supporting                                                               
that instance.                                                                                                                  
                                                                                                                                
COMMISSIONER COCKRELL  confirmed that  the example  is real.   He                                                               
said in Cordova there was not one DUI case.                                                                                     
                                                                                                                                
REPRESENTATIVE CARPENTER  opined on  the lack  of case  data, and                                                               
stressed  that  cases  not  being prosecuted  is  a  problem  the                                                               
legislature needs  to better understand.   He said he  needs data                                                               
from  law  enforcement  on cases  that  are  going  unprosecuted,                                                               
whether it be due to lack of evidence or a jury problem.                                                                        
                                                                                                                                
2:28:24 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked Commissioner Cockrell  for the number of sexual                                                               
assaults reported where the victim seeks  a case.  She said it is                                                               
her  understanding that  often women  will be  too scared  to act                                                               
against the offender.   She asked for the ratio  of women who say                                                               
yes to move forward, and who have a case.                                                                                       
                                                                                                                                
COMMISSIONER  COCKRELL could  not answer  but suggested  that the                                                               
question may touch on anonymously  submitted sexual assault kits.                                                               
He said  anonymously submitted  kits are  stored in  the evidence                                                               
locker  at  DPS  indefinitely  until the  person  decides  to  go                                                               
forward in the legal process.                                                                                                   
                                                                                                                                
2:29:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  asked  what  the  department  understands                                                               
regarding  marijuana laced  with fentanyl  reaching Alaska.   She                                                               
said her  understanding is that  fentanyl reaches the  state from                                                               
Mexico and overseas, and asked if marijuana is affected.                                                                        
                                                                                                                                
COMMISSIONER  COCKRELL   relayed  his  understanding   from  drug                                                               
investigators that DPS has seized  marijuana laced with fentanyl.                                                               
He said  fentanyl is  primarily produced in  China.   He outlined                                                               
the route the  drugs go through to reach  Alaska: manufactured in                                                               
China;  shipped  to  Mexico;   traveled  north  through  Phoenix,                                                               
Arizona, Los  Angeles, California;  and then shipped  to Seattle,                                                               
Washington, before reaching Alaska.                                                                                             
                                                                                                                                
REPRESENTATIVE ALLARD asked, since  marijuana has become legal in                                                               
Alaska,  whether there  has been  an uptick  in usage  by minors.                                                               
Further,  regarding  the black  market  of  marijuana, she  asked                                                               
whether fentanyl is being brought in at the same time.                                                                          
                                                                                                                                
COMMISSIONER  COCKRELL  explained   that  fentanyl  is  primarily                                                               
coming to  the state in pure,  pill form.  Further,  fentanyl has                                                               
been  found laced  in other  drugs like  marijuana.   He couldn't                                                               
answer  on  whether  the  state is  getting  large  shipments  of                                                               
marijuana since Alaska is a marijuana state.                                                                                    
                                                                                                                                
2:32:42 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL continued  to slide 5.  He  reported 51 new                                                               
troopers  started training  in 2022.   He  said DPS  expanded the                                                               
department's  wellness program,  which  he  said provides  mental                                                               
health support for  troopers and staff.  He shared  his hope that                                                               
a project to  equip all state troopers with body  worn cameras be                                                               
completed by  the end of  the summer.   He said the  body cameras                                                               
add transparency to DPS.                                                                                                        
                                                                                                                                
2:33:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRAY   returned   to   a   question   posed   by                                                               
Representative  Allard.    He   shared  his  understanding  that,                                                               
because  of  the legalization  of  marijuana  in Alaska  and  the                                                               
availability  of  dispensaries,  there are  checks  and  balances                                                               
available now  that make buying  fentanyl laced marijuana  from a                                                               
licensed dispensary unlikely.                                                                                                   
                                                                                                                                
COMMISSIONER COCKRELL clarified  that the data on  slide 5 covers                                                               
illicit  fentanyl  and said  there  is  legal fentanyl  used  for                                                               
medical  purposes.    On  addressing  the  likelihood  of  buying                                                               
fentanyl  laced marijuana  at a  dispensary, he  agreed that  the                                                               
chances are very slim.                                                                                                          
                                                                                                                                
2:34:47 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE requested Commissioner  Cockrell to continue with his                                                               
presentation.                                                                                                                   
                                                                                                                                
2:36:27 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL  talked about the Division  of Alaska State                                                               
Troopers  on  slide 6.    He  highlighted  the Alaska  Bureau  of                                                               
Investigation, and  said it  conducts major  crime investigations                                                               
in  the state,  as well  as financial  crime investigations.   He                                                               
explained  the division's  enforcement of  drugs and  alcohol and                                                               
said that  most troopers participate  in drug task  forces across                                                               
the state.  He  pointed to a graphic on slide  6 showing the four                                                               
Alaska State Trooper detachments  and what region each detachment                                                               
covers:  A  detachment  covers  Kenai  and  Southeast  Alaska,  B                                                               
detachment  covers  the  Matanuska-Susitna Valley,  C  detachment                                                               
covers Western Alaska, and D detachment covers Interior Alaska.                                                                 
                                                                                                                                
2:37:50 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked why there is no detachment on the North Slope.                                                                
                                                                                                                                
COMISSIONER COCKRELL  said the  North Slope  Borough has  its own                                                               
police department.                                                                                                              
                                                                                                                                
2:38:15 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   COCKRELL   talked    about   accomplishments   and                                                               
challenges for the Division of  Alaska State Troopers on slide 7.                                                               
He spoke on the accomplishments  and challenges for the division.                                                               
In comparing 2022  to 2021, he reported that  the division seized                                                               
215 percent more methamphetamine,  440 percent more fentanyl, 334                                                               
percent  more  heroin,  solved 85  percent  of  homicides  within                                                               
trooper jurisdiction,  and expanded  the two-on/two-off  posts in                                                               
rural Alaska.  As for  challenges, he said the division continues                                                               
to struggle  with recruitment  and retention  and noted  that new                                                               
troopers are being offered a  $20,000 signing incentive.  He said                                                               
the  technological changes  in  how  crime is  carried  out is  a                                                               
challenge.    He  explained  that the  importation  of  drug  and                                                               
alcohol  into rural  Alaska, and  providing adequate  housing for                                                               
troopers in that region, are challenges facing the division.                                                                    
                                                                                                                                
2:40:35 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL  presented  changes  of  interest  in  the                                                               
division's 2024  budget on  slide 8.   He outlined  the requests:                                                               
digital   evidence  management   software  for   online  evidence                                                               
management,  one  or  two   criminal  justice  technician(s)  for                                                               
Anchorage, two  forensic technicians  for Wasilla and  Kenai, and                                                               
expanded  internet connectivity  in rural  posts.   He said  that                                                               
once all troopers are outfitted  with body worn cameras, adequate                                                               
Internet connectivity in  rural areas will be needed  in order to                                                               
better download data.                                                                                                           
                                                                                                                                
2:41:59 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL  presented the Division of  Alaska Wildlife                                                               
Troopers on slide  9.  He said there are  90 wildlife troopers in                                                               
the state.  He explained  that wildlife troopers are commissioned                                                               
troopers and  receive the  same training as  state troopers.   He                                                               
highlighted  that  a  challenge  for  the  division  is  managing                                                               
Alaska's 6,640 miles  of coastline, as well  as significant hunts                                                               
and  fisheries.     Another  challenge  he  pointed   to  is  the                                                               
complicated regulatory structure  while having limited resources.                                                               
He  illustrated  the  challenge  by  reporting  that  there  were                                                               
891,000 licenses sold and only  90 troopers to provide management                                                               
statewide in 2022.   He noted that the Alaska  Department of Fish                                                               
and  Game (ADF&G)  has  been putting  out  emergency orders  more                                                               
frequently, and  it has  been difficult for  the public  to track                                                               
the orders.                                                                                                                     
                                                                                                                                
2:43:17 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE asked  if the ADF&G hunting app is  in real time, and                                                               
if it could help the public to better follow the regulations.                                                                   
                                                                                                                                
COMMISSIONER COCKRELL  said he did  not know  about the app.   He                                                               
stated  that  individuals need  to  know  the regulations  before                                                               
going out to hunt or fish.                                                                                                      
                                                                                                                                
2:44:15 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL  presented slide  10, which showed  a graph                                                               
on state trooper and VPSO staffing.   He reported that within the                                                               
last two years the department has  been able to fill all the open                                                               
VPSO positions.   He  said the department  has 143  memorandum of                                                               
understanding (MOU)  agreements with  villages in the  state, but                                                               
stressed  the department  only has  65 VPSOs.   He  corrected the                                                               
slide, which shows 68  but the number of actual VPSOs  is 65.  He                                                               
said the  number if MOUs  show the  importance of the  program to                                                               
rural Alaska.                                                                                                                   
                                                                                                                                
2:45:41 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL described the  aircraft and marine sections                                                               
within DPS  while on slide 11.   He reported that  the department                                                               
has  44 aircraft  in  19  separate bed-down  bases.   He  further                                                               
reported  that the  aircraft  section had  flown  5,667 hours  in                                                               
2022.  He  spoke on the department's marine section,  and said it                                                               
operates both large  and small vessels.  Considering  the size of                                                               
the state's coastline, fisheries,  and hunting resources, he said                                                               
the  marine section  is a  backbone  for the  Division of  Alaska                                                               
Wildlife Troopers.   He said the section's largest  vessel is 160                                                               
feet in length and  is stationed in the Bering Sea.   He said the                                                               
department has  put in  a budget request  to replace  the 84-foot                                                               
vessel P/V Enforcer due to major failures.                                                                                      
                                                                                                                                
2:47:10 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL reported the status  of the VPSO program in                                                               
2022  while  on slide  12.    He  said  the program  was  awarded                                                               
$15,207,700  in funds  last year.   He  said the  program has  10                                                               
grantees  and  presented  a  map  of  Alaska  showing  where  the                                                               
grantees are located.                                                                                                           
                                                                                                                                
2:47:51 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL moved to slide  13 to talk about the Public                                                               
Information Office within the Commissioners  office.  He reported                                                               
that  the department  averages 9,027  record requests  each year.                                                               
Since 2018,  the department received 45,135  requests with 29,178                                                               
hours logged  by staff to fulfill  the requests.  He  advised the                                                               
committee that  the number  of requests  is expected  to increase                                                               
once body  worn cameras  are launched,  and to  address statutory                                                               
requirements  as  well  as  the  additional  requests  for  video                                                               
recordings,  he  said the  department  is  requesting four  staff                                                               
positions: An information systems  coordinator and three criminal                                                               
justice technicians.                                                                                                            
                                                                                                                                
2:48:50 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL presented on the  Division of Fire and Life                                                               
Safety while on  slide 14.  He said the  department is requesting                                                               
resources  to  hire a  deputy  fire  marshal to  serve  Southeast                                                               
Alaska, and said  his goal is to also hire  a deputy fire marshal                                                               
for the Kenai Peninsula area.                                                                                                   
                                                                                                                                
2:49:28 PM                                                                                                                    
                                                                                                                                
COMISSIONER   COCKRELL  moved   to  slide   15  to   outline  the                                                               
responsibilities  of the  Division  of  Statewide Support,  which                                                               
includes   duties  within   the  Office   of  the   Commissioner,                                                               
Administrative Services,  and Statewide  Services.  He  said when                                                               
he became commissioner,  he had moved components  of the Division                                                               
of   Alaska  State   Troopers  and   other  divisions   into  the                                                               
commissioner's office in  order to lighten the  workload of state                                                               
troopers.  An  example he shared was the VPSO  program, as it was                                                               
moved  to  be under  the  commissioner's  office.   He  said  the                                                               
department is  requesting a full-time  director position  for the                                                               
VPSO program.   He explained the  administrative support services                                                               
the division is responsible  for: central administrative support,                                                               
grants, finance, budget,  procurement, and facilities management.                                                               
As  for  statewide support  services,  he  said the  division  is                                                               
responsible  for:  information   systems,  Alaska  Public  Safety                                                               
Communication  Services,  criminal  justice  information  systems                                                               
programs, and the Alaska Scientific Crime Detection Laboratory.                                                                 
                                                                                                                                
2:51:09 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL  moved to  slide 16  to further  present on                                                               
statewide support  services.  He  talked about the  Alaska Public                                                               
Safety Communication  Service, a service that  provides emergency                                                               
communication for  first responders.   He said  DPS is  where the                                                               
program  belongs   after  previously   being  housed   under  the                                                               
Department  of Administration  and the  Department of  Military &                                                               
Veterans'  Affairs.    He reported  that  the  service  supported                                                               
12,409,758 calls.                                                                                                               
                                                                                                                                
2:52:10 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL  skipped  slides 17-19,  citing  that  the                                                               
information was already discussed earlier in the meeting.                                                                       
                                                                                                                                
2:53:07 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL  talked  about  the  Council  on  Domestic                                                               
Violence and Sexual  Assault in slide 20 and shared  that he is a                                                               
board member.   He explained that  the goal of the  council is to                                                               
reduce the amount  of violence and sexual assaults  in the state.                                                               
He said  the council  has 11 members,  11 full-time  staff, hosts                                                               
trainings, manages 90 grant awards,  and funds 34 community-based                                                               
agencies.  He said the  council is implementing a language access                                                               
plan allowing  for online information  on what agencies  to visit                                                               
in Alaska's most commonly spoken languages.                                                                                     
                                                                                                                                
2:54:12 PM                                                                                                                    
                                                                                                                                
COMMISSIONER COCKRELL  presented on  slide 21 the  Violent Crimes                                                               
Compensation Board.   He said  the board exists to  alleviate the                                                               
financial  burden victims  face following  a violent  crime.   He                                                               
noted  that this  was another  program DPS  had brought  in after                                                               
previously  being under  the  Department  of Administration,  and                                                               
reported the board  having three staff, three  board members, and                                                               
over 1,000  applications.  He  said the program started  in 1973,                                                               
and  at that  time had  15  applications three  staff, and  three                                                               
board members.   He said  DPS is requesting two  additional staff                                                               
positions for the board.                                                                                                        
                                                                                                                                
2:54:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY asked how many staff would be adequate.                                                                     
                                                                                                                                
COMMISSIONER  COCKRELL  replied  that, looking  at  the  national                                                               
average  based  on  the  number  of  applications  received,  the                                                               
department  will  need to  increase  staffing.   He  relayed  his                                                               
concern about the existing two  staff positions, as the positions                                                               
came with  no funding.  He  explained that the program  is funded                                                               
by restorative justice via the permanent  fund.  He said his fear                                                               
is that,  since the funding  is for  both staff salaries  and the                                                               
victim's claims,  he does  not want to  reduce claims  because of                                                               
the cost  of additional staffing.   He  shared his hope  that the                                                               
legislature will provide funding to the board.                                                                                  
                                                                                                                                
2:56:09 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  COCKRELL presented  slide 24  on the  Alaska Police                                                               
Standards  Council.   He  explained  that  the council  seeks  to                                                               
produce and  maintain a highly  trained and  positively motivated                                                               
professional  capable  of  meeting contemporary  law  enforcement                                                               
standards of performance.   He then presented  slide 25 regarding                                                               
the Council  on Human and Sex  Trafficking.  He said  the program                                                               
is new.                                                                                                                         
                                                                                                                                
2:57:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER asked about  the Fire Standards Council.                                                               
He  asked   if  the  requested  position   Commissioner  Cockrell                                                               
mentioned could help with certification paperwork.                                                                              
                                                                                                                                
COMMISSIONER COCKRELL  shared that  the requested position  is an                                                               
additional  deputy  fire  marshal  and  is  not  related  to  the                                                               
council.     He   shared  his   understanding  that   a  previous                                                               
legislature "really did  not want" the Alaska Fire  Council to be                                                               
set  up  like the  Police  Standards  Council  and took  a  staff                                                               
position from the  fire council.  Commissioner  Cockrell said DPS                                                               
is  working to  decrease the  time it  takes to  get certificates                                                               
out.  He said the legislature  must decide what direction to take                                                               
the council.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  said it  is his understanding  that the                                                               
Fire  Standards Council  would be  responsible  for updating  the                                                               
states standards that firefighters adhere  to.  Further, he asked                                                               
if the standards are tied to  federal funding, and whether by not                                                               
having  a  council,  the  state would  not  receive  the  federal                                                               
funding.                                                                                                                        
                                                                                                                                
COMMISSIONER  COCKRELL  said  he   believes  the  Fire  Standards                                                               
Council  is needed,  but  said he  does not  know  if having  the                                                               
council is tied  to federal funding.  If  the legislature decides                                                               
to  change statute  and  makes  it so  there  "shall"  be a  Fire                                                               
Standards  Council,  and  funds  positions,  he  said  DPS  would                                                               
support that.   He said the  council is not a  mandatory function                                                               
of DPS.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CARPENTER asked if the council falls under DPS.                                                                  
                                                                                                                                
COMMISSIONER COCKRELL confirmed that it does fall under DPS.                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  asked  if  the  committee  could  have                                                               
confirmation from  DPS that there  needs to be a  function within                                                               
the  Fire Standards  Council in  order to  maintain certification                                                               
for firefighters, and whether that function is tied to funding.                                                                 
                                                                                                                                
COMMISSIONER COCKRELL said he can find that out.                                                                                
                                                                                                                                
3:01:35 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:01 p.m.                                                                 

Document Name Date/Time Subjects
Department of Public Safety Overview House Judiciary 2 22 2023.pdf HJUD 2/22/2023 1:00:00 PM
DPS Objectives.pdf HJUD 2/22/2023 1:00:00 PM