Legislature(2025 - 2026)GRUENBERG 120
            
                
                     
03/31/2025 01:00 PM House JUDICIARY
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                        | Audio | Topic | 
|---|---|
| Start | |
| Presentation(s): Inmate Deaths in Custody | |
| Adjourn | 
                                * first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                            
                        + teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 31, 2025                                                                                         
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Andrew Gray, Chair                                                                                               
Representative Chuck Kopp, Vice Chair                                                                                           
Representative Ted Eischeid                                                                                                     
Representative Genevieve Mina                                                                                                   
Representative Sarah Vance                                                                                                      
Representative Mia Costello                                                                                                     
Representative Jubilee Underwood                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S):  INMATE DEATHS IN CUSTODY                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBIN FARMER, representing self                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Gave invited testimony during the Inmate                                                                 
Deaths in Custody presentation.                                                                                                 
                                                                                                                                
ALAINA ZIMMERMAN, representing self                                                                                             
Seward, Alaska                                                                                                                  
POSITION STATEMENT:  Gave invited testimony during the Inmate                                                                 
Deaths in Custody presentation.                                                                                                 
                                                                                                                                
ADAM RUTHERFORD, Deputy Director                                                                                                
Division of Health and Rehab Services                                                                                           
Department of Corrections                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Co-offered the Inmate Deaths in Custody                                                                  
presentation.                                                                                                                   
                                                                                                                                
TIM BALLARD, MD, Chief Medical Officer                                                                                          
Department of Corrections                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Co-offered  the Inmate  Deaths in  Custody                                                             
presentation.                                                                                                                   
                                                                                                                                
ZANE NIGHSWONGER, Director                                                                                                      
Division of Institutions                                                                                                        
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Co-offered  the Inmate  Deaths in  Custody                                                             
presentation.                                                                                                                   
                                                                                                                                
LIEUTENANT RONALD HAYES, Deputy Commander                                                                                       
Alaska Bureau of Investigations                                                                                                 
Alaska State Trooper                                                                                                            
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
                                                                                                                                
POSITION  STATEMENT:   Co-offered  the Inmate  Deaths in  Custody                                                             
presentation.                                                                                                                   
                                                                                                                                
ALYCIA WELCH, Associate Director                                                                                                
Prison and Jail Innovation Lab                                                                                                  
University of Texas                                                                                                             
Austin, Texas                                                                                                                   
POSITION  STATEMENT:   Co-offered  the Inmate  Deaths in  Custody                                                             
presentation.                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:46 PM                                                                                                                    
                                                                                                                                
CHAIR ANDREW  GRAY called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:04  p.m.  Representatives  Kopp, Eischeid,                                                               
Mina, Vance,  Costello, Underwood, and  Gray were present  at the                                                               
call to order.                                                                                                                  
                                                                                                                                
REPRESENTATIVE VANCE  stated that she misspoke  during a previous                                                               
hearing  on HB  118  in  response to  public  testimony on  human                                                               
trafficking.  She  clarified that the advocacy  group in question                                                               
was in  support of her  legislation that changed the  term "child                                                               
pornography"  to "child  sexual abuse  material (CSAM)"  and said                                                               
she  wants to  respect everyone's  opportunity to  provide public                                                               
testimony whether she agrees or disagrees.                                                                                      
                                                                                                                                
CHAIR GRAY clarified  that the organization in  question does not                                                               
support the  legalization of prostitution.   He pointed  out that                                                               
members  of the  committee  are  not working  from  a script  and                                                               
therefore,  may misspeak  or say  something inaccurate;  however,                                                               
what matters  most is their commitment  to getting it right.   He                                                               
said clarifying statements are always welcome.                                                                                  
                                                                                                                                
^PRESENTATION(S):  Inmate Deaths in Custody                                                                                     
           PRESENTATION(S):  Inmate Deaths in Custody                                                                       
                                                                                                                              
1:07:31 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  announced that  the only order  of business  would be                                                               
the Inmate Deaths in Custody  presentation and gave the following                                                               
prepared remarks:                                                                                                               
                                                                                                                                
     Since 2022,  our state  has seen a  spike in  deaths in                                                                    
     custody.   That   year   alone,   the   Department   of                                                                    
     Corrections reported 18  in-custody deaths, the highest                                                                    
     number in over 20 years.                                                                                                   
                                                                                                                                
     Since 2020, at least 67  individuals have died while in                                                                    
     DOC custody. Of those, 17 were suicides.                                                                                   
     These  numbers aren't  just statisticsthey're   people.                                                                    
     And  the  trends  behind these  deaths  are  especially                                                                    
     alarming.                                                                                                                  
                                                                                                                                
     We have seen a disproportionate  number of young people                                                                    
     dying.  Of  the  36  deaths  reported  since  2022,  14                                                                    
     individuals  were under  the  age of  40.  Six were  in                                                                    
     their 20s. Many were still  awaiting their day in court                                                                    
     or   held  on   technical  violations   for  nonviolent                                                                    
     offenses.                                                                                                                  
                                                                                                                                
     In just the first 15  days of 2024, three inmates died,                                                                    
     nearly a  third of all  the deaths recorded  in custody                                                                    
     the year before.  This shows us that our  system is not                                                                    
     working the way it is intended to.                                                                                         
                                                                                                                                
     In addition  to the  deaths, there  is a  serious issue                                                                    
     with how these deaths  have been reported. Reports show                                                                    
     that   the   Department   of   Corrections   does   not                                                                    
     consistently include  deaths that happen  in hospitals                                                                     
     even  when they  result from  medical emergencies  that                                                                    
     started while a person was  in DOC custody. That raises                                                                    
     real concerns about transparency and accountability.                                                                       
                                                                                                                                
     We owe  it to the  people of Alaskato   their families,                                                                    
     their  communities, and  to  justice  itselfto  take  a                                                                    
     hard  look at  what's happening  behind these  numbers.                                                                    
     This conversation today  is the first step  in a series                                                                    
     of steps that  this committee will take  to ensure that                                                                    
     things turn around  and that people in  our custody are                                                                    
     safe.                                                                                                                      
                                                                                                                                
1:09:20 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:09 p.m.                                                                                 
                                                                                                                                
1:09:58 PM                                                                                                                    
                                                                                                                                
CHAIR  GRAY  noted that  a  photo  had  been distributed  to  the                                                               
committee  at  the  request  of   one  of  the  testifiers.    He                                                               
introduced Robin Farmer,  the sister of William  Farmer.  William                                                               
Farmer  Died  in 2025  while  in  custody  of the  Department  of                                                               
Corrections.   In  December of  2024,  less than  24 hours  after                                                               
being placed in  a cell with 2 other inmates,  William Farmer was                                                               
severely   assaulted  by   another  inmate.     Mr.   Farmer  was                                                               
transferred  to  Providence  Alaska   Medical  Center,  where  he                                                               
remained in critical condition until he passed.                                                                                 
                                                                                                                                
1:11:11 PM                                                                                                                    
                                                                                                                                
ROBIN FARMER,  representing self, shared William  Farmer's story.                                                               
She  said  Mr. Farmer  was  murdered  by  his cellmate  while  in                                                               
custody at  the Anchorage Correctional  Complex.  Mr.  Farmer had                                                               
been diagnosed  with paranoid  schizophrenia in  his mid-twenties                                                               
and  arrested  after a  series  of  shoplifting incidents.    She                                                               
shared her  experience with the  Department of  Corrections (DOC)                                                               
while Mr. Farmer  was being treated in  Providence Alaska Medical                                                               
Center, where she  was subsequently banned from  visitation.  She                                                               
said  the  hospital  staff  later   remarked  at  DOC's  inhumane                                                               
treatment of  Mr. Farmer and  cruel behavior towards  his family.                                                               
After  three  weeks  in  the  hospital with  no  changes  in  his                                                               
condition,  Mr.  Farmer's  family   had  to  make  the  traumatic                                                               
decision  to take  him off  life  support.   William Farmer  died                                                               
three days  later on January  6, 2025.   Three months  later, the                                                               
application for burial  assistance still sits at  the Division of                                                               
Public Assistance awaiting processing.                                                                                          
                                                                                                                                
1:20:13 PM                                                                                                                    
                                                                                                                                
ALAINA ZIMMERMAN, representing self, shared Mr. Zimmerman's                                                                     
story from written testimony [included in the committee packet],                                                                
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     I  am writing  this  letter on  behalf  of my  brother,                                                                    
     Joshua   Keith  Zimmerman.   Joshua  was   murdered  in                                                                    
     Anchorage  while in  Alaska DOC  custody  in the  early                                                                    
     hours of January 12th, 2024.                                                                                               
                                                                                                                                
     I remember this morning so  vividly. I woke up like any                                                                    
     other day. I received a  text from my mom shortly after                                                                    
     waking up that I needed to  call her and my dad as soon                                                                    
     as possible.  Hearing a parent  hardly able  to breathe                                                                    
     over  the loss  of their  child is  something you  will                                                                    
     remember  forever. Those  first couple  of weeks  after                                                                    
     Joshua's  death  were  filled   with  empty  words  and                                                                    
     carelessness almost  as if Anchorage  DOC did  not care                                                                    
     and to  them it was  just another inmate. But  we still                                                                    
     had hope.                                                                                                                  
                                                                                                                                
     Over the course  of the last 9 months we  have had zero                                                                    
     answers. What  we do  know, or at  least, what  we were                                                                    
     told by the Alaska State  troopers per the Alaska State                                                                    
     Medical Examiner  is Joshua was suffocated  with a soft                                                                    
     object  in  his cell.  He  was  found  in his  bed  the                                                                    
     following morning.  Alaska DOC said foul  play was "not                                                                    
     suspected" and  his cause of  death was  "unknown". But                                                                    
     how could  that be if he  was murdered in your  jail as                                                                    
     told  to  us by  AST?  These  are conflicting  stories.                                                                    
     Joshua  had recently  undergone a  procedure amputating                                                                    
     his foot  that had been  giving him trouble  for years.                                                                    
     So   not  only   was   he   murdered  under   Anchorage                                                                    
     Correctional   Complex   cameras,   he   was   somewhat                                                                    
     defenseless considering he was  learning his new normal                                                                    
     of  using one  foot  to  get around  until  he got  his                                                                    
     prosthetic. It  seems a  bit odd  that with  a building                                                                    
     with so much security and  cameras that no one can give                                                                    
     us  a straight  answer. Besides  the obvious  fact that                                                                    
     these correctional  officers failed miserably  at their                                                                    
     job of  simply keeping the  inmates alive, it  begs the                                                                    
     question of  who are these  people protecting?  We were                                                                    
     told by the Alaska State  Troopers to not speak of this                                                                    
     heinous crime.  Not speak of my  brother being murdered                                                                    
     in state  custody? Who does that  benefit? I understand                                                                    
     the logistics  of keeping cases private  while they are                                                                    
     being  investigated but  to not  give  us anything  for                                                                    
     months  while simultaneously  telling us  to not  speak                                                                    
     about  it? I  feel  strongly that  this  case is  being                                                                    
     swept under  the rug  in hopes  our family  will forget                                                                    
     and move on. Just as they have done to many others.                                                                        
                                                                                                                                
     There  are cases  upon cases  of Alaska  DOC negligence                                                                    
     available  for  public  consumption  online.  When  the                                                                    
     Anchorage                                                                                                                  
                                                                                                                                
     daily  newspaper wrote  an article  on my  brother they                                                                    
     made  sure to  list his  charges before  saying he  had                                                                    
     "passed  away"  in Anchorage  DOC.  They  made sure  to                                                                    
     dehumanize  my  brother  the best  they  could  so  the                                                                    
     public  wouldn't  raise  an   eyebrow  as  to  what  is                                                                    
     actually  happening inside  the  Alaska prison  system.                                                                    
     Just as they have done to so many others.                                                                                  
                                                                                                                                
     I'm  not blind  to  the fact  that  there are  terrible                                                                    
     people sitting in  jails. But there are  good people in                                                                    
     them too. And frankly, the  type of person you are does                                                                    
     not give  someone the right  to take your  life. Joshua                                                                    
     was an  avid fisherman  and loved  his family.  I could                                                                    
     give  so many  examples  of Joshua  helping someone  in                                                                    
     need.  He had  dreams of  becoming a  father and  loved                                                                    
     watching  any sport.  His heart  was  huge. Joshua  was                                                                    
     only 13 months  older than me. He was there  for me the                                                                    
     day I took my first breath  and saw me through 32 years                                                                    
     of life.  My only wish is  I was there for  Joshua when                                                                    
     someone  in  the  Anchorage correctional  complex  took                                                                    
     Joshua's last breath.                                                                                                      
                                                                                                                                
     Just the fact  that someone is walking  the streets who                                                                    
     murdered my brother should  seriously concern you. They                                                                    
     could be  your neighbor. They  could be your  tenant or                                                                    
     your  landlord. They  could be  the person  pumping gas                                                                    
     next to you  or the person in the booth  next to you at                                                                    
     a  restaurant  celebrating their  children's  birthday.                                                                    
     And they are free, with  no remorse and no consequences                                                                    
     for taking Joshua's life.                                                                                                  
                                                                                                                                
     Joshua isn't the  only person who has  died in Alaska's                                                                    
     jail system under unusual  circumstances. Most of these                                                                    
     cases go cold  because they tell the  families the same                                                                    
     thing they  have been  telling us.  Joshua was  in jail                                                                    
     for two  misdemeanor charges. After  a couple  of years                                                                    
     Joshua  found himself  making bad  choices and  decided                                                                    
     enough was enough.  He turned himself in  to Alaska DOC                                                                    
     December  12,2023 in  hopes to  use the  facility as  a                                                                    
     source of  rehabilitation. Isn't that the  intended use                                                                    
     of jails? If  not to rehabilitate humans  then what are                                                                    
     they  for? We  need  compassion  and treatment.  Mental                                                                    
     health and addictions have no place in jails.                                                                              
                                                                                                                                
     I  have personally  witnessed in  my lifetime  a police                                                                    
     department  solve a  murder with  no real  leads in  my                                                                    
     home town  in a span  of just  a few months.  So please                                                                    
     tell me why  this case is over a year  old with no real                                                                    
     answers  when  the  entire  crime   was  in  a  heavily                                                                    
     "secured" building with cameras?  What is the Anchorage                                                                    
     DOC protecting and why?                                                                                                    
                                                                                                                                
     The  pain the  Alaska DOC  has placed  on my  family is                                                                    
     indescribable. While  we sit  with an emptiness  so big                                                                    
     as they just continue their everyday lives.                                                                                
                                                                                                                                
     I am  writing this letter  on behalf of my  brother and                                                                    
     so  many others  who  were wrongfully  killed at  these                                                                    
     correctional facilities across the  state of Alaska. In                                                                    
     hopes to not  only bring awareness to what  is going on                                                                    
     behind closed doors but to  seek justice as well. There                                                                    
     is  a  serious problem  happening  here  and this  will                                                                    
     continue until  something is done.  There are  pages of                                                                    
     proof  against Anchorage  DOC and  the  lies they  tell                                                                    
     families  regarding the  deaths  of  their loved  ones.                                                                    
     Please  tell me  why  you are  funding facilities  that                                                                    
     essentially give people a safe  space to murder humans?                                                                    
     Please  just imagine  someone you  love dying  in their                                                                    
     facility  and  they  treat your  loved  one  less  than                                                                    
     human.                                                                                                                     
                                                                                                                                
     Alaska  DOC  also  listed  my  brother  as  an  Alaskan                                                                    
     Native. My brother and I  are both 1/16 Alaskan Native.                                                                    
     And while  yes, we are proud  of where we come  from. I                                                                    
     do  not think  his heritage  being listed  was anything                                                                    
     more than  a manipulation  tactic. When  our biological                                                                    
     mother  died she  was  listed as  "white"  and she  was                                                                    
     twice as much Aleut as my  brother and I. How does that                                                                    
     make sense? There is right and there is wrong.                                                                             
                                                                                                                                
     Joshua Keith Zimmerman  was a son, a  brother, an uncle                                                                    
     and  a friend.  Joshua  was alive.  He  was right  here                                                                    
     breathing the same  air as you and me. It's  so hard to                                                                    
     explain to someone  what the loss of a  sibling does to                                                                    
     you.  He was  my first  best friend.  He had  his whole                                                                    
     life ahead of him and now  we will never get to see it.                                                                    
     He was  so much  more than  a statistic  and he  was so                                                                    
     much  more than  the  person Alaska  DOC  is trying  to                                                                    
     reduce him  down to. Life  wasn't fair to him  and now,                                                                    
     even in  death, it continues  to be unfair.  Joshua was                                                                    
     the  man  who loved  to  read  and  write. He  was  the                                                                    
     teenager who  got straight A's  without trying.  He was                                                                    
     the little boy who walked  around with a lightsaber and                                                                    
     walked his little sister down  the church steps. Joshua                                                                    
     was an amazing  person and all who knew  him could tell                                                                    
     you about  his infectious  smile and  laugh. He  was so                                                                    
     loved. I  will miss him  for the  rest of my  life. For                                                                    
     the rest  of my life  my father  won't have a  son. For                                                                    
     the  rest of  my life  I won't  have a  brother and  my                                                                    
     daughters won't have an uncle.  He will be photos in an                                                                    
     album and a  brief 5 second clip I have  of him singing                                                                    
     his favorite song. He will  never again be home for the                                                                    
     holidays or call me just to chat. That is real pain.                                                                       
                                                                                                                                
     I  hope that  one day  we  will find  out exactly  what                                                                    
     happened to  my brother in  the early hours  of January                                                                    
     12th, 2024 in Anchorage DOC custody                                                                                        
                                                                                                                                
CHAIR GRAY asked how old Mr. Zimmerman was when he passed.                                                                      
                                                                                                                                
MS. ZIMMERMAN answered 33.                                                                                                      
                                                                                                                                
1:28:39 PM                                                                                                                    
                                                                                                                                
ADAM RUTHERFORD,  Deputy Director,  Division of Health  and Rehab                                                               
Services,  Department  of  Corrections  (DOC),  acknowledged  the                                                               
sensitivity  of the  information  being presented  today and  the                                                               
impact it has on everyone involved.                                                                                             
                                                                                                                                
1:29:22 PM                                                                                                                    
                                                                                                                                
TIM  BALLARD,  MD, Chief  Medical  Officer  (CMO), Department  of                                                               
Corrections  (DOC), summarized  his  professional background  and                                                               
noted  that  DOC provided  a  presentation  on inmate  deaths  in                                                               
custody over the past decade  to the House State Affairs Standing                                                               
Committee.  That PowerPoint is  included in the committee packet.                                                               
He  noted  that  DOC  does not  investigate  inmate  deaths,  and                                                               
instead,   notifies  the   appropriate   legal  authorities   and                                                               
cooperates   with   them   as  they   see   fit.      Separately,                                                               
administrative  reviews of  these  events are  conducted for  the                                                               
purpose of quality improvement.                                                                                                 
                                                                                                                                
1:30:50 PM                                                                                                                    
                                                                                                                                
ZANE NIGHSWONGER, Director,  Division of Institutions, Department                                                               
of  Corrections  (DOC),  noted  that  policy  104.04  guides  the                                                               
department  through  prisoner  deaths  and is  available  to  the                                                               
public  on  DOC's website.    He  summarized  some of  the  steps                                                               
outlined in DOC's policy, including  securing the scene; evidence                                                               
collection and preservation; and a personal property inventory.                                                                 
                                                                                                                                
1:33:32 PM                                                                                                                    
                                                                                                                                
MR.  RUTHFORD discussed  the  department's administrative  review                                                               
process, which is focused on  continuous quality improvement.  He                                                               
said   internal   investigations   would   not   provide   enough                                                               
transparency, so  the Alaska  State Troopers  (AST) took  on that                                                               
responsibility to offer a third-party,  independent review of the                                                               
incidents.  The administrative reviews  focus on the department's                                                               
immediate response  to the incident, the  environment surrounding                                                               
the incident, what went well or  could be improved upon, and what                                                               
might prevent future incidents from occurring.                                                                                  
                                                                                                                                
1:38:37 PM                                                                                                                    
                                                                                                                                
MR.  BALLARD explained  that immediately  following an  incident,                                                               
the superintendent  contacts the AST, and  medical staff notifies                                                               
the  chief medical  officer (CMO)  who then  reviews the  medical                                                               
record  and relays  pertinent information  to  the State  Medical                                                               
Examiner's Office.                                                                                                              
                                                                                                                                
1:39:18 PM                                                                                                                    
                                                                                                                                
MR. NIGHSWONGER  discussed the process  of notifying next  of kin                                                               
and releasing the prisoner's personal property.                                                                                 
                                                                                                                                
1:40:24 PM                                                                                                                    
                                                                                                                                
MR.  BALLARD spoke  to the  classification of  deaths that  occur                                                               
within custody.   He said a death occurring  after being released                                                               
from custody  are not  reported by DOC,  as the  department lacks                                                               
the legal or  medical authority to gather that  information.  The                                                               
decision  to release  an inmate  from custody  while hospitalized                                                               
can occur for  a myriad of reasons and ultimately,  lies with the                                                               
Board of Parole.                                                                                                                
                                                                                                                                
1:42:05 PM                                                                                                                    
                                                                                                                                
MR. NIGHSWONGER shared a  historical perspective on institutional                                                               
safety  and risk  management,  as  well as  the  creation of  the                                                               
population  management team  whose responsibilities  were focused                                                               
on balancing the prisoner population  to ensure greater safety at                                                               
each facility.  As a result  of these efforts, the facilities are                                                               
consistently operating under the established capacity levels.                                                                   
                                                                                                                                
1:44:08 PM                                                                                                                    
                                                                                                                                
MR.  BALLARD  explained  that during  the  administrative  review                                                               
process for  any inmate death,  the CMO conducts  a comprehensive                                                               
review of the electronic medical  record to determine whether any                                                               
facets  of care  or lack  thereof could  have contributed  to the                                                               
outcome.                                                                                                                        
                                                                                                                                
1:44:47 PM                                                                                                                    
                                                                                                                                
MR.  RUTHFORD  acknowledged  that  DOC  is  one  of  the  largest                                                               
behavioral health  providers in the  state, which the  system was                                                               
not designed for.  He  described the new electronic health record                                                               
that  was purchased  in  2022, which  allowed  the department  to                                                               
access industry standards and add  evidence-based tools to screen                                                               
for  and  triage individuals  with  addiction  and mental  health                                                               
issues.   In addition,  the department  has identified  high risk                                                               
areas, such as booking, intake,  and segregation, and established                                                               
mandatory  posts and  additional rounds  conducted by  healthcare                                                               
staff.    The  department's  employees are  one  of  its  biggest                                                               
assets,  and  as  such,  it  has invested  more  in  training  to                                                               
identify folks who are detoxing  or struggling with mental health                                                               
issues.                                                                                                                         
                                                                                                                                
1:52:53 PM                                                                                                                    
                                                                                                                                
MR. RUTHFORD  informed the committee  that he could not  speak to                                                               
the specifics  of any particular case.   In response to  a series                                                               
of committee  questions, said  the vast  majority of  inmates who                                                               
are treated  for mental illness  are not  violent and there  is a                                                               
process for housing them appropriately based on need.                                                                           
                                                                                                                                
1:56:47 PM                                                                                                                    
                                                                                                                                
MR.  BALLARD,  in response  to  the  chair's assertion  that  Mr.                                                               
Farmer's death  should have been ruled  a death in custody  as he                                                               
sustained  a [life-ending]  traumatic brain  injury while  in his                                                               
cell,  said once  the  inmate  is released  from  custody, he  no                                                               
longer has  the legal allowance  to investigate the death  due to                                                               
Health Insurance Portability and Accountability Act (HIPAA) law.                                                                
                                                                                                                                
MR. NIGHSWONGER, in  response to a question from  the chair about                                                               
who  determines whether  the death  should be  investigated as  a                                                               
crime,  said  the cause  of  death  is outside  the  department's                                                               
scope.                                                                                                                          
                                                                                                                                
2:00:53 PM                                                                                                                    
                                                                                                                                
MR.  NIGHSWONGER,  in response  to  a  series of  questions  from                                                               
Representative  Kopp, spoke  to the  initial booking  process and                                                               
staffing levels.   He explained  that mandatory minimums  at each                                                               
facility establish a staffing profile  for safe operations.  If a                                                               
facility  dips  below  that  level,  people  are  called  in  for                                                               
overtime to  ensure safe operating  levels.  He said  overtime is                                                               
often  used to  fill  shortages  and offered  to  follow up  with                                                               
numbers of DOC staff, which  he described as getting increasingly                                                               
better.                                                                                                                         
                                                                                                                                
MR. RUTHEFORD,  in response to  a question  about the need  for a                                                               
third-party response  team to  prisoner death,  acknowledged that                                                               
DOC  has  discussed  different   options  and  engaged  with  the                                                               
National  Commission on  Correctional Health  Care, which  offers                                                               
industry  standards  and  oversight  for  accredited  facilities.                                                               
Ultimately, DOC believes that the  administrative reviews and the                                                               
partnership with AST is the best option for Alaska's system.                                                                    
                                                                                                                                
2:08:58 PM                                                                                                                    
                                                                                                                                
MR.  RUTHERFORD,  in  response  to a  series  of  questions  from                                                               
Representative Vance, estimated that  approximately 80 percent of                                                               
the DOC  population struggles with  addiction related  issues and                                                               
spoke  to  the challenges  of  recruiting  mental health  service                                                               
providers.    He  discussed  the  interface  between  the  Alaska                                                               
Psychiatric Institute (API) and  DOC, which includes a jail-based                                                               
restoration  pilot program  and weekly  meetings between  the two                                                               
agencies  regarding  the  competency evaluation  and  restoration                                                               
process.   He  added that  housing is  largely determined  by bed                                                               
availability and the severity of the crime.                                                                                     
                                                                                                                                
2:15:56 PM                                                                                                                    
                                                                                                                                
MR.  RUTHEFORD,  in  response  to  a  series  of  questions  from                                                               
Representative   Mina,  explained   that  DOC   tries  to   avoid                                                               
segregating  individuals on  suicide  precautions.   If  external                                                               
factors of the  case were identified as a concern,  they would be                                                               
reported on  in the administrative  review process.  He  said the                                                               
administrative reviews have resulted  in policy changes, staffing                                                               
changes, and other measurable items and mitigation factors.                                                                     
                                                                                                                                
2:19:24 PM                                                                                                                    
                                                                                                                                
MR. RUTHEFORD,  in response to  a series of questions  from Chair                                                               
Gray about the  recording of inmate deaths  within versus outside                                                               
of  custody, stressed  the role  that HIPPA  and patient  privacy                                                               
plays.                                                                                                                          
                                                                                                                                
2:23:15 PM                                                                                                                    
                                                                                                                                
MR. BALLARD explained that if  procedural issues were identified,                                                               
medical  operating procedures  could  be updated  to ensure  that                                                               
staff are  providing consistent care  systemwide.  He  added that                                                               
he  had  never  witnessed  individual  neglect,  but  if  it  had                                                               
occurred,  a discussion  on appropriate  care would  be had  with                                                               
leadership  and clinical  providers.   He  assured the  committee                                                               
that medical  operating procedures  give a foundation  for junior                                                               
providers to  consistently practice  in an  evidence-based manner                                                               
across all DOC facilities.                                                                                                      
                                                                                                                                
MR.  RUTHEFORD said  neglect  could  result in  a  wide array  of                                                               
actions ranging from additional training to termination.                                                                        
                                                                                                                                
2:25:38 PM                                                                                                                    
                                                                                                                                
LIEUTENANT  RONALD  HAYES,  Deputy Commander,  Alaska  Bureau  of                                                               
Investigations (ABI),  Alaska State Trooper (AST),  Department of                                                               
Public  Safety  (DPS),  Anchorage,   Alaska,  gave  a  PowerPoint                                                               
presentation,   titled  "Investigations   into  Inmate   Deaths,"                                                               
beginning  on slide  2, "Notification  &  Scene Security,"  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
       When an inmate death occurs, DOC staff notify the                                                                        
     Alaska State Troopers.                                                                                                     
                                                                                                                                
      For unanticipated deaths, DOC staff secure the area                                                                       
      where the death occurred until Troopers and/or State                                                                      
     Medical Examiner Staff arrive.                                                                                             
                                                                                                                                
2:28:18 PM                                                                                                                    
                                                                                                                                
LIEUTENANT  HAYES continued  to  slide 3,  "State Troopers  Death                                                               
Investigation,"  which  read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Troopers  arrive  and   begin  a  death  investigation                                                                     
     regardless  of  whether   the  death  appears  natural,                                                                    
     accidental, or suspicious.                                                                                                 
                                                                                                                                
     AST  treats  all  unanticipated  deaths  as  suspicious                                                                    
     until proven otherwise.                                                                                                    
                                                                                                                                
     AST  will investigate  the death  in  a similar  manner                                                                    
     that  we  investigate  all  unanticipated  deaths  that                                                                    
     occur across Alaska.                                                                                                       
                                                                                                                                
LIEUTENANT  HAYES  described  the  investigative  steps  and  the                                                               
challenges faced during investigation.                                                                                          
                                                                                                                                
2:31:54 PM                                                                                                                    
                                                                                                                                
LIEUTENANT HAYES moved to slide  4, "Autopsy & Medical Examiner,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     The body is typically  transferred to the State Medical                                                                    
     Examiner's   Office  in   Anchorage.   An  autopsy   is                                                                    
     conducted  by the  Medical  Examiner  to determine  the                                                                    
     cause and manner of death.                                                                                                 
                                                                                                                                
2:32:33 PM                                                                                                                    
                                                                                                                                
LIEUTENANT  HAYES, in  response  to a  series  of questions  from                                                               
members,  confirmed that  AST  investigates  assaults and  deaths                                                               
that occur  both in  and out  of custody.   He  said AST  has not                                                               
experienced  delayed reporting  from  correctional staff,  adding                                                               
that  DOC  is  responsive  in   securing  the  scene,  separating                                                               
witnesses, and preserving  evidence.  He said AST did  not play a                                                               
role in  DOC's Internal Affairs  (IA) unit  when it existed.   He                                                               
confirmed that in custody deaths must be reported.                                                                              
                                                                                                                                
2:38:13 PM                                                                                                                    
                                                                                                                                
ALYCIA  WELCH, Associate  Director,  Prison  and Jail  Innovation                                                               
Lab, University  of Texas (UT),  gave a  PowerPoint presentation,                                                               
titled  "The Landscape  of Prison  Oversight in  the U.S."  [hard                                                               
copy  included  in  the committee  packet],  beginning  with  the                                                               
agenda  on slide  2.   She  continued to  slide 3,  "What is  the                                                               
Prison and  Jail Innovation  Lab (PJIL),"  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The  Prison  and  Jail  Innovation   Lab  (PJIL)  is  a                                                                    
     national policy  resource center  at the LBJ  School of                                                                    
     Affairs at  the University of  Texas at Austin  that is                                                                    
     transforming  the landscape  of correctional  oversight                                                                    
     and helping to ensure the  safe and humane treatment of                                                                    
     people in custody.                                                                                                         
                                                                                                                                
     We  serve  as  a   bridge  between  academic  research,                                                                    
     practical experience, and policy.                                                                                          
                                                                                                                                
     Since launching  in late  2021, PJIL  has been  a go-to                                                                    
     resource for  policy makers, the media,  justice system                                                                    
     practitioners, advocates, and  corrections officials on                                                                    
     three main issues:                                                                                                         
                                                                                                                                
     1) Effective oversight of prisons and jails                                                                                
     2)  Dehumanizing and  dangerous conditions  behind bars                                                                    
     3) Deaths in custody                                                                                                       
                                                                                                                                
2:40:08 PM                                                                                                                    
                                                                                                                                
MS. WLECH continued to slide 4, "What is the National Resource                                                                  
Center for Correctional Oversight (NRCCO)?"  Slide 4 read as                                                                    
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     The National Resource  Center on Correctional Oversight                                                                    
     (NRCCO)  is  a signature  project  of  PJIL. The  NRCCO                                                                    
     provides  guidance and  research on  how to  develop or                                                                    
     strengthen  correctional  oversight mechanisms  and  it                                                                    
     operates  an  online   clearinghouse  of  resources  at                                                                    
     www.prisonoversight.org.                                                                                                   
                                                                                                                                
2:42:55 PM                                                                                                                    
                                                                                                                                
MS. WELCH continued to slide 5, "What is Correctional                                                                           
Oversight?"  Slide 5 read as follows [original punctuation                                                                      
provided]:                                                                                                                      
                                                                                                                                
     An independent,  external mechanism designed  to ensure                                                                    
     the  collection, dissemination,  and  use of  unbiased,                                                                    
     accurate,    and     first-hand    information    about                                                                    
     correctional   conditions   of  confinement   and   the                                                                    
     treatment   of   incarcerated  individuals,   primarily                                                                    
     through on-site access to the facilities.                                                                                  
                                                                                                                                
MS. WELCH turned to slide 6, "Why is Correctional Oversight                                                                     
Important?"  Slide 6 read as follows [original punctuation                                                                      
provided]:                                                                                                                      
                                                                                                                                
     Oversight bodies  can help prevent harm  by identifying                                                                    
     problems at an early stage.                                                                                                
                                                                                                                                
     Oversight  bodies  provide  objective  information  for                                                                    
     policy makers, advocates, and the media.                                                                                   
                                                                                                                                
     The presence  of an  oversight body  in a  facility can                                                                    
     change staff behavior.                                                                                                     
                                                                                                                                
     Oversight   bodies  provide   a  trusted   place  where                                                                    
     incarcerated people and loved ones can raise concerns.                                                                     
                                                                                                                                
2:45:08 PM                                                                                                                    
                                                                                                                                
MS. WELCH turned to slide 7, which highlighted the following                                                                    
goals of correctional oversight: improve transparency and                                                                       
increase accountability.                                                                                                        
                                                                                                                                
2:45:40 PM                                                                                                                    
                                                                                                                                
MS. WLECH continued to slide 8, "Internal Accountability v.                                                                     
External Oversight," which read as follows [original punctuation                                                                
provided]:                                                                                                                      
                                                                                                                                
     Effective  prison  management   demands  both  internal                                                                    
     accountability measures  and external  scrutiny. States                                                                    
     can and should ensure that both exist.                                                                                     
                                                                                                                                
     INTERNAL     ACCOUNTABILITY     Tools    for     agency                                                                    
     administrators  that allow  them  to self-identify  and                                                                    
     address operational problems at an early stage.                                                                            
     Examples:                                                                                                                  
     • Internal Affairs                                                                                                         
     • Grievance System                                                                                                         
     • Internal Auditors                                                                                                        
                                                                                                                                
     EXTERNAL  OVERSIGHT  Entities  that exist  outside  the                                                                    
     agency and are responsible for:                                                                                            
     • Routinely monitoring and inspecting facilities;                                                                          
     • Investigating complaints;                                                                                                
     • Reporting  their findings and recommendations  to the                                                                    
     public.                                                                                                                    
                                                                                                                                
2:47:49 PM                                                                                                                    
                                                                                                                                
MS. WELCH advanced to slide 9, which outlined 9 essential                                                                       
functions of correctional oversight: monitoring/inspection,                                                                     
investigation,  data collection  and analysis,  reporting, legal,                                                               
regulation,   legislative,  accreditation,   and   audit.     She                                                               
emphasized that there  should be a variety  of separate oversight                                                               
mechanisms in place to serve each function.                                                                                     
                                                                                                                                
2:52:38 PM                                                                                                                    
                                                                                                                                
MS. WLECH continued to slide  10, "What are the Hallmark Features                                                               
of   Correctional  Oversight,"   which   listed  the   following:                                                               
Independence, mandated  inspections, unfettered  and confidential                                                               
access, adequate  resources, duty  to report,  holistic approach,                                                               
mandated  agency cooperation.   She  added that  oversight bodies                                                               
should not  be enforcers and  instead, sanction  authority should                                                               
be reserved for regulatory bodies with standards.                                                                               
                                                                                                                                
2:55:46 PM                                                                                                                    
                                                                                                                                
MS. WELCH  proceeded to slide  11, "Models of  Prison Oversight,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Governmental Agency or Inspectorate                                                                                        
     Ombuds Office                                                                                                              
     Inspector General                                                                                                          
     Legislative Committee with Inspection Responsibilities                                                                     
     Non-Governmental Organization with Right of Access                                                                         
     Citizens' Board/Visiting Committee                                                                                         
                                                                                                                                
2:56:31 PM                                                                                                                    
                                                                                                                                
MS. WELCH advanced to slides 12-13,  which showed a map of states                                                               
with  prison oversight  in the  U.S  and touched  on the  growing                                                               
movement to establish prison oversight.   She concluded on slides                                                               
14-15  by  sharing  further resources  prison  oversight  and  an                                                               
overview of NRCCO's website.                                                                                                    
                                                                                                                                
3:00:44 PM                                                                                                                    
                                                                                                                                
MS. WELCH, in  response to a series of  committee questions, said                                                               
there's no overlapping  data on deaths in custody  in states with                                                               
external oversight.   Part of the challenge is  the federal Death                                                               
in Custody Reporting  Act.  With regard to the  deaths at Riker's                                                               
Island,  she pointed  out that  Rikers Island  is a  jail, not  a                                                               
statewide prison  system and therefore,  does not fall  under the                                                               
external  oversight.   She offered  to follow  up with  the lab's                                                               
report on natural deaths in custody.                                                                                            
                                                                                                                                
3:08:22 PM                                                                                                                    
                                                                                                                                
MR. RUTHEFORD added that Alaska  is not currently accredited with                                                               
the National Commission on Correctional  Health Care (NCCHC), but                                                               
recently went through a review  for pre-accreditation to identify                                                               
areas of improvement.                                                                                                           
                                                                                                                                
3:09:24 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:09 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|---|---|
| DOC - Health Rehabilitation Services Deaths While in Custody 3.31.25.pdf | HJUD       3/31/2025 1:00:00 PM | Deaths in Custody - HJUD | 
| AST HJUD Investigations into Inmate Deaths 3-31-2025.pdf | HJUD       3/31/2025 1:00:00 PM | Deaths in Custody - HJUD | 
| ASTPublic Saftey HJUD Investigations into Inmate Deaths 3-31-2025.pdf | HJUD       3/31/2025 1:00:00 PM | Deaths in Custody - HJUD | 
| Joshua Zimmerman Family's Testimony.pdf | HJUD       3/31/2025 1:00:00 PM | Deaths in Custody - HJUD | 
| University of Texas PJIL.pdf | HJUD       3/31/2025 1:00:00 PM | Deaths in Custody - HJUD | 
| HJUD DPS Follow-Up 4-2-25.pdf | HJUD       3/31/2025 1:00:00 PM | HJUD Deaths in Custody | 
| attachment one - Mortality in State and Federal Prisons 2001-2019.pdf | HJUD       3/31/2025 1:00:00 PM | HJUD Deaths in Custody | 
| attachment two - DOC - Health Rehabilitation Services Deaths While in Custody 3.31.25.pdf | HJUD       3/31/2025 1:00:00 PM | HJUD Deaths in Custody | 
| DOC Response to H-JUD 3.31.25.pdf | HJUD       3/31/2025 1:00:00 PM | HJUD Deaths in Custody |