Legislature(2007 - 2008)CAPITOL 106
01/25/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview(s)|| Department of Administration | |
| Department of Corrections | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 25, 2007
8:06 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Bob Roses, Vice Chair
Representative Kyle Johansen
Representative Craig Johnson
Representative Andrea Doll
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Coghill
COMMITTEE CALENDAR
OVERVIEW(S): DEPARTMENT OF ADMINISTRATION; DEPARTMENT OF
CORRECTIONS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
ANNETTE KREITZER, Acting Commissioner
Office of the Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Presented the overview of the department.
MELANIE MILLHORN, Deputy Commissioner
Office of the Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Answered questions during the overview of
the Department of Administration.
ERIC SWANSON, Director
Division of Administrative Services
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Answered questions during the overview of
the Department of Administration.
KEVIN BROOKS, Deputy Commissioner
Office of the Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Answered questions during the overview of
the Department of Administration.
JOE SCHMIDT, Acting Commissioner
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Presented the overview of the department.
SHARLEEN GRIFFIN, Director
Division of Administrative Services
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Offered information during the overview of
the Department of Corrections.
DWAYNE PEEPLES, Acting Deputy Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Offered information during the overview of
the Department of Corrections.
ACTION NARRATIVE
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:06:10 AM. Representatives Roses, Johnson,
Doll, and Lynn were present at the call to order.
Representatives Johansen and Gruenberg arrived as the meeting
was in progress.
^OVERVIEW(S)
^DEPARTMENT OF ADMINISTRATION
8:06:57 AM
CHAIR LYNN announced that the first order of business was the
overview by the Department of Administration.
8:06:59 AM
ANNETTE KREITZER, Acting Commissioner, Office of the
Commissioner, Department of Administration, presented the
overview of the department. She noted that the 14 offices and
divisions within the department are broken into two sectors.
One sector, she relayed, could be called government support, and
included: the Division of Administrative Services, the Division
of Finance, the Division of Personnel & Labor Relations, the
Division of General Services, the Division of Risk Management,
and Enterprise Technology Services. The other category Ms.
Kreitzer called the private sector division, or those which
interface with the public, which include: the Alaska Oil & Gas
Conservation Commission, the Alaska Public Offices Commission,
the Office of Administrative Hearings, the Public Defender
Agency, the Office of Public Advocacy, the Violent Crimes
Compensation Board, and the Division of Motor Vehicles. Ms.
Kreitzer said she sees the Division of Retirement & Benefits as
supporting both governmental employees and retirees who are no
longer in state or local government service.
8:08:51 AM
ACTING COMMISSIONER KREITZER stated, "When policy makers are
looking for an arm's-length relationship between state agencies,
they tend to look to the Department of Administration to resolve
effusive conflict which could occur if certain functions were
assigned to what on the surface looks [like] more appropriate
departments." She said AOGCC is one of the best examples of
that separation. She related that the Office of Administrative
Hearings was recently created to address concerns that
commissioners were merely upholding the decisions of their
directors and not giving each appeal an independent look. She
noted that the divisions or offices that support other
governmental units are the ones that provide technology,
personnel, and other centralized services, like labor relations.
She listed negotiations in progress between the department and
other associations. She mentioned a handout included in the
committee packet that shows an outline of the responsibilities
of each division and office.
8:10:55 AM
ACTING COMMISSIONER KREITZER directed attention to another
handout in the committee packet entitled, "Results at a Glance,"
which lists the overall work and statistics of the department.
She mentioned the focus on paying vendor bills and employee
paychecks in a timely manner. She revealed that a recent
requirement to provide a birth certificate to enroll in health
care through the state has resulted in a savings of millions of
dollars to the state.
ACTING COMMISSIONER KREITZER highlighted some of the entries in
a two-page handout [included in the committee packet] relating
to the department's operating budget. She offered to answer the
committee's questions.
8:13:59 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Representative Roses, said she is in the process of looking for
ways to improve efficiency in the Office of the Commissioner
and, thus, has not yet made a final decision [related to task
assignments].
8:14:35 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Representative Johnson regarding the aforementioned birth
certificate requirement, explained that the department is
responsible for verifying who it covers, and, for whatever
reason, before that requirement there had been people receiving
benefits from the state who were not qualified to do so. She
said she had been aware of the situation while serving in the
Office of the Lieutenant Governor. She credited Kevin Brooks as
recognizing the need for starting the "positive enrollment"
process. In response to a follow-up comment from Representative
Roses, she agreed to find out the number of people fraudulently
insured.
8:16:52 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Chair Lynn, listed the following problems on which she will be
focusing: the retirement system, the deployment and support of
the Enterprise Technology Services, and existing program
efficiency evaluation.
8:18:47 AM
ACTING COMMISSIONER KREITZER, in response to Chair Lynn, stated
that she has not conducted a comprehensive review of all the
legislation that impacts the department.
8:19:39 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Representative Roses, said she is not comfortable answering
questions regarding fraud, based on her recollection, but she
offered to research an answer. Notwithstanding that, she
recommended against jumping to the conclusion that it was the
individuals who were defrauding the government, because she said
the government has a certain amount of responsibility as well.
REPRESENTATIVE ROSES said if fraud is involved, he wants the
state to pursue the matter.
8:21:33 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Chair Lynn, said same sex benefits "are going forward"; the
Alaska Supreme Court has implemented the regulations. She
opined that the superior court overstepped its bounds in the
matter. She offered her understanding that approximately 91
applications were made to the state for same sex benefits.
ACTING COMMISSIONER KREITZER, in response to a question from
Chair Lynn, offered her understanding that the department is in
the beginning stages of [negotiations] with each of the
bargaining units related to employee union contracts.
8:23:24 AM
MELANIE MILLHORN, Deputy Commissioner, Office of the
Commissioner, Department of Administration, in response to a
question by Chair Lynn regarding the outcome of the new
retirement plan, stated that those parties who are now enrolled
under the new retirement plan did not bring with them unfunded
liability, which stems the growth of that liability. It is
projected, she said, that approximately 4,400 new members will
be appointed under the retirement system on a fiscal-year basis.
8:25:10 AM
ACTING COMMISSIONER KREITZER, in response to concern expressed
by Representative Johnson regarding the problems with
recruitment and retention in the retirement system and the
possible effects of the new defined contribution (DC) benefit
plan, stated her own concern relates to there being no unified
recruitment effort from the state. She expressed discontent
with Workplace Alaska, [the State of Alaska's online recruitment
system], calling it "a very poor system for anybody who's
outside of state government to come in and apply for a job."
She stated her belief that the state system favors those who are
already in the system, and she said the state needs to do a
better job of encouraging young people that the State of Alaska
is a great place to work.
8:27:02 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Representative Doll regarding the Violent Crimes Compensation
Board, said she has yet to meet with the board; however, she
offered her understanding that there are 3 employees of the
board [confirmed correct by Kevin Brooks], but she said she was
not certain of the budget. [Off microphone, Eric Swanson said
the budget is $4.6 million.]
8:28:22 AM
ERIC SWANSON, Director, Division of Administrative Services,
Department of Administration, in response to a follow-up
question from Representative Doll, revealed that the budget for
the Violent Crimes Compensation Board has been "pretty flat."
He offered his understanding that there has been a gradual
increase in the number of claims received annually, partly due
to the increase in program promotion by the law enforcement
agencies throughout the state.
8:29:44 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Chair Lynn regarding the possible effect of upcoming ethics
bills on APOC, said she is happy that Governor Sarah Palin has
provided another investigator for APOC. She said deciding how
much APOC will be involved will be up to the legislature and the
governor; APOC's testimony will be limited to how [proposed
legislation] will affect its operation. She assured Chair Lynn
that any fiscal impact to APOC would be made known to the
legislature by the executive director of APOC.
8:32:10 AM
ACTING COMMISSIONER KREITZER, in response to Representative
Roses and Chair Lynn, confirmed that there were employees who
chose to switch from the defined benefit (DB) retirement plan to
the DC plan. She said she would find out just how many did
switch over, as well as investigate the [unfunded] liability
effects of the various tiers, and she would report back to the
committee with that information.
8:34:36 AM
KEVIN BROOKS, Deputy Commissioner, Office of the Commissioner,
Department of Administration, in response to a question from
Representative Gruenberg, recollected that AOGCC was moved into
the Department of Administration about 10 years ago.
ACTING COMMISSIONER KREITZER, in response to a follow-up
question from Representative Gruenberg, stated that she
absolutely believes that AOGCC belongs in the Department of
Administration, because that entity occasionally has to rule
against the Department of Natural Resources.
8:36:03 AM
DEPUTY COMMISSIONER BROOKS, regarding labor negotiations,
proffered that there is interaction between the House and Senate
Finance Committees and the administration during monetary
considerations. He added that there have also been briefings to
the House State Affairs Standing Committee, because that is the
committee associated with the Department of Administration.
REPRESENTATIVE GRUENBERG said he is not suggesting that
confidentiality should not be upheld for labor negotiations.
CHAIR LYNN mentioned the House Labor and Commerce Standing
Committee, and suggested that outside of confidential matters,
some part of the legislature should have some oversight over the
general progress of the labor negotiations.
8:40:43 AM
ACTING COMMISSIONER KREITZER, responding to a question from
Representative Gruenberg about the relationship between APOC and
the Department of Administration, reminded the committee that
she has been Acting Commissioner for merely two weeks, and her
conversations with the executive director of APOC have been only
regarding operational issues.
REPRESENTATIVE GRUENBERG said he would hold additional questions
on this point until Acting Commissioner Kreitzer's confirmation
hearing.
8:41:31 AM
ACTING COMMISSIONER KREITZER, in response to Chair Lynn, said
the department is a good place for APOC to be, and she said she
would not want to see it in the Office of the Lieutenant
Governor, or within the court system, the Department of Health
and Social Services (DHSS), and the Department of Transportation
& Public Facilities (DOT&PF).
8:42:41 AM
REPRESENTATIVE GRUENBERG said there has been reluctance of heads
of the Public Defender Agency (PDA) and the Office of Public
Advocacy (OPA) to testify before the House Judiciary Standing
Committee on crime bills, and he emphasized that he thinks it's
important that they do so.
8:44:19 AM
REPRESENTATIVE GRUENBERG remarked that in the first two years of
the Murkowski Administration, he observed a number of bills
designed to make it more difficult for people with tort claims
against the government to recover. He asked Acting Commissioner
Kreitzer if she is aware of any legislation related to that
issue - "pro or con" - to be proposed by the current
administration.
ACTING COMMISSIONER KREITZER responded that she is not aware of
any.
REPRESENTATIVE GRUENBERG said there was much legislation
regarding the Real ID Act. He said a policy was implemented
directing the personnel in the Division of Motor Vehicles (DMV)
to deny driver's licenses to people who are undocumented aliens.
He said Mr. Bannock, the director of DMV, was told by the House
State Affairs Standing Committee last year that there was no
regulation giving him the authority for such a policy, but the
policy was not changed. He said Mr. Bannock's reason concerns
him, and he urged communication between DOA and Mr. Bannock.
8:48:19 AM
CHAIR LYNN determined that Mr. Bannock would be appearing in the
capitol soon for a meeting with Representative Gruenberg, to
which Representative Gruenberg invited all those interested
parties.
8:49:58 AM
ACTING COMMISSIONER KREITZER offered her understanding that HB 3
addresses this issue.
8:50:14 AM
ACTING COMMISSIONER KREITZER, in response to a question from
Representative Doll regarding PDA and OPA, related that the
caseload of both agencies continues to increase. She said the
heads of those agencies have made a number of attempts to
contain costs, while doing whatever they can do within their
budgets. She said she is impressed with those agencies'
efforts. She noted that software is used to cut down on some of
the workload.
MR. BROOKS reported that OPA's budget is approximately $18.1
million and it has 109 full-time employees, while PDA's budget
is just under $19 million, with 147 full-time employees. Both
agencies are caseload driven and operate with a tight budget.
8:53:28 AM
REPRESENTATIVE JOHNSON encouraged Acting Commissioner Kreitzer
to spend time studying the state's method of recruiting workers.
Furthermore, he encouraged the House State Affairs Standing
Committee to hear union negotiation issues so that he might be a
part of that process.
8:54:43 AM
ACTING COMMISSIONER KREITZER thanked the committee for hearing
the overview.
8:55:05 AM
^DEPARTMENT OF CORRECTIONS
CHAIR LYNN announced that the final order of business was the
overview from the Department of Corrections.
8:56:54 AM
JOE SCHMIDT, Acting Commissioner, Department of Corrections
(DOC), presented the overview of the department. He reviewed
the responsibilities of his deputy commissioners. He noted that
the department is broken into three divisions: the Division of
Institutions, the Division of Probation and Parole, and the
Division of Administrative Services. The department, he
relayed, oversees pre-trial, as well as sentenced prisoners.
8:58:52 AM
ACTING COMMISSIONER SCHMIDT explained that jails are primarily
for pre-sentenced prisoners, while prisons are for those who
have been sentenced. The pre-trial prisoner is more volatile to
manage, he said, whereas someone who has been in prison most
likely wants to serve his/her time in peace and not disrupt the
system. The former would be kept in a more secure area, while
the latter would be in a less secure area.
ACTING COMMISSIONER SCHMIDT highlighted some of the department's
features: 12 correctional institutions with 3,122 beds; an
emergency capacity of 3,232 beds; 13 probation offices,
currently supervising 5,560 offenders on probation or parole - a
ratio he said he has been told is high.
9:02:15 AM
ACTING COMMISSIONER SCHMIDT listed parole office locations and
details of supervision. He continued listing the departments
features: 15 contract jails throughout the state, totaling 153
beds; 7 community residential centers, totaling 614 beds -
recently reduced by 100 beds; 7 contract treatment centers, with
26 beds; 160 inmates currently being held at the Red Rock
Correctional Center in Arizona; and an electronic monitoring
program supervising 194, operating at a success rate of
approximately 95 percent. The five percent, he explained are
usually using drugs and getting caught on a urine analysis (UA)
test.
9:04:18 AM
ACTING COMMISSIONER SCHMIDT noted the department also has 17
prisoners in the category of "other out-of-state" [facilities].
He explained that may include high-profile people who would not
be safe in Alaska. Three prisoners are receiving permanent
dialysis in other states where the expense is not so
astronomical.
9:04:55 AM
ACTING COMMISSIONER SCHMIDT listed what the department has done
since December, including: assembling its management staff;
holding its first executive meeting to outline goals and
objectives; and forming a committee to outline its statewide
offender program plan.
9:05:52 AM
ACTING COMMISSIONER SCHMIDT, in response to a question from
Representative Gruenberg, confirmed that the Prison Industries
Program was eliminated and is now called the Prison Employment
Program (PEP).
9:07:11 AM
SHARLEEN GRIFFIN, Director, Division of Administrative Services,
Department of Corrections, offered details regarding the end of
the former program and the beginning of PEP.
REPRESENTATIVE GRUENBERG expressed interest in following up the
issue.
9:10:15 AM
ACTING COMMISSIONER SCHMIDT talked about working toward being
able to transfer an inmate who is within one program and having
him/her be able to pick up at the same place in the other
facility's program. He talked about "Lockup USA" coming to
Seward and the accidental viewing by a victim of the perpetrator
of the crime on television. He said the department will, in an
effort to avoid that occurring in the future, provide victim
notification.
ACTING COMMISSIONER SCHMIDT said the new prison site selection
has been a contentious process; however, Point Mackenzie was
selected, with a secondary site being Sutton, in case Point
Mackenzie cannot get enough water to the site. The projected
date for opening the prison is January through March, 2011. In
response to a question from Representative Gruenberg, he said
the land at Mackenzie is Matanuska-Susitna Borough land, and he
does not know about the land at Sutton, but will find out.
9:13:01 AM
ACTING COMMISSIONER SCHMIDT noted the following works in
progress: a review of staff and their duties; a move of both
the function of the institution director and the community
residential centers under the direction of the Division of
Probation and Parole director; and a study of population
management; an analyzation of medical costs. Regarding the
latter, he noted that three years ago the medical cost for
inmates from Alaska housed in Arizona cost $750,000, and that
amount increased to $1.9 million last year. Although high, he
said, the cost in Alaska would be higher.
9:16:53 AM
ACTING COMMISSIONER SCHMIDT, in response to a question from
Chair Lynn, said the solution to the loss of the previous
governor's jet airplane is to use the 727 aircraft flown by the
[United States Marshals Service], which is capable of moving 100
prisoners at a time. He said this is the most economical method
of transporting prisoners to Arizona.
9:20:35 AM
ACTING COMMISSIONER SCHMIDT, in response to Representative Doll,
discussed the issue of aging prisoner population. He noted that
there is a related page in the committee packet. He said
approximately 10 percent of the prison population is over the
age of 50.
9:21:56 AM
DWAYNE PEEPLES, Acting Deputy Commissioner, Department of
Corrections, on behalf of the department, highlighted the most
prominent diseases seen within the prison system, including:
diabetes, hypertension, and cancer. He said those in prison
appear 10 years older than the rest of the population. In
response to Representative Doll, he discussed the issue of
pharmaceuticals and the related contracts that save the state
money.
9:24:21 AM
ACTING COMMISSIONER SCHMIDT, in response to Representative
Johansen, talked about the constant drive to fill empty beds.
He said, "Policy tells us to keep prisoners in the least
restrictive environment that we safely can."
9:26:48 AM
ACTING COMMISSIONER SCHMIDT addressed the changes in building
design concept. He said originally, the design concept was for
a block design, but recently that design has changed to
something more like a campus, where the first building would be
the most secure and those radiating out from that less
restrictive. The prisoner would start in the first building
and, as his/her time was served, would be moved progressively to
outward buildings until being released back into society.
9:30:48 AM
ACTING COMMISSIONER SCHMIDT mentioned an upcoming plan regarding
substance abuse, the GED and adult-based education, a chaplain,
and a transitional community model. He talked about vegetable
production and a processing facility that was built, that will
allow vegetables grown instate to be preserved.
9:32:20 AM
ACTING COMMISSIONER SCHMIDT discussed goals. He said the
department moved to a behavioral interview system a couple years
ago, and he said it will be challenging to hire for the new
facility.
9:33:16 AM
ACTING COMMISSIONER SCHMIDT, in response to a question from
Chair Lynn regarding a possible $20 million budget cut by the
governor, said he will adopt a wait-and-see attitude rather than
committing to statements about something that may happen.
9:34:32 AM
ACTING COMMISSIONER SCHMIDT, in response to a question from
Representative Johnson, said by the completion of the new
facility in 2011, there will be space in a housing unit to hold
400-500 more inmates. He suggested it may be possible to
continue building. He confirmed it is the intent of the
department to eventually move the Alaska inmates out of Arizona
and bring them back home, both "for reformation and for
economics." He said it is a little early to be able to project
the cost per bed in [the new facility] versus a regional
facility. Once personnel hours are known, the cost can be
determined, he concluded.
9:38:15 AM
REPRESENTATIVE DOLL expressed interest in getting a breakdown of
crimes and where the highest "rise" will be.
ACTING COMMISSIONER SCHMIDT said many of the beds in the new
facility will be filled by those already incarcerated, while
others will be filled by "new crimes."
9:39:59 AM
ACTING COMMISSIONER SCHMIDT reported that the department plans
to reorganize, consolidate, and relocate its central office in
Anchorage. There will be a focus on looking for less expensive
space to rent. The department will also examine regional
expansion needs. Regarding team concept, he said the department
moved the director's offices next to each other in Anchorage,
which he indicated has increased communication and cooperation.
He said American Correctional Association (ACA) accreditation is
being considered. He said it involves three steps: one, the
policy writer reviews all policies and ensures they all include
an ACA reference and compliance with an ACA standard; third,
facility training would take place; and third, audits will be
conducted to test for compliance. He stated that ACA represents
national standards under which correctional facilities and
departments operate. He said [being accredited by ACA] puts the
department in a better stead when asking for resource while
defending itself in court. He mentioned a law suit as an
example.
9:43:28 AM
ACTING COMMISSIONER SCHMIDT listed the following department
challenges: aging facilities, an aging prisoner population, and
medical issues.
9:45:28 AM
ACTING COMMISSIONER SCHMIDT talked about recruitment and keeping
abreast of employee vacancies. Currently 726 of the 780
correctional officer positions are filled. The expected vacancy
is 30, due to retirement and rehiring practices. He addressed
the issue of overcrowding and explained that statewide design
capacity is 3,122 beds, while statewide emergency capacity is
3,232.
9:48:28 AM
ACTING COMMISSIONER SCHMIDT, in response to a question from
Chair Lynn regarding gang activity, said the department
identifies gang members in the pre-trial process, and avoids
gang problems in the system through the use of smaller units,
unit management, and direct supervision.
ACTING COMMISSIONER SCHMIDT revealed his resume to date, in
response to a request from the chair.
9:50:38 AM
CHAIR LYNN shared his own work background related to
corrections.
9:51:06 AM
ACTING COMMISSIONER SCHMIDT, in response to Chair Lynn, listed
the following actions as those that the department will be
focusing on: moving toward ACA accreditation, pushing
population management and bed use, encouraging a team concept,
building and maintaining credibility with the legislature
regarding allocated funds, announcing changes in spending
practices upfront, developing hiring and training programs, and
building the new prison.
9:51:56 AM
REPRESENTATIVE ROSES indicated that he would like to be informed
of any findings resulting from the department's study of the
increase in [medical costs].
9:52:22 AM
ACTING COMMISSIONER SCHMIDT, in response to a question from
Representative Doll, noted that Laura Brooks is in charge of the
department's "mental health function" statewide and is on the
committee that will be building the department's statewide
program; therefore, she will have a say in how prisoners can
interface in and out of mental health treatment, versus other
treatments. When inmates are stable, he said, they should and
need to be able to participate in another program. He talked
about the existence and importance of facilities to which
unstable prisoners are sent to "get stabilized."
9:53:48 AM
CHAIR LYNN expressed appreciation of the work of the department.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
9:54:10 AM.
| Document Name | Date/Time | Subjects |
|---|