Legislature(2005 - 2006)CAPITOL 106
01/13/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
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| Start | |
| Department of Public Safety | |
| Department of Corrections | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 13, 2005
8:11 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Jim Elkins
Representative Carl Gatto
Representative Bob Lynn
Representative Jay Ramras
Representative Berta Gardner
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
OVERVIEW(S): DEPARTMENT OF CORRECTIONS; DEPARTMENT OF PUBLIC
SAFETY
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
WILLIAM TANDESKE, Commissioner
Office of the Commissioner
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Presented an overview of the department.
MARC ANTRIM, Commissioner
Office of the Commissioner - Juneau
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Offered an overview of the department.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House State Affairs Standing
Committee meeting to order at 8:11:03 AM. Present at the call
to order were Representatives Elkins, Gatto, Lynn, Ramras,
Gardner, Gruenberg, and Seaton.
^OVERVIEW(S):
^DEPARTMENT OF PUBLIC SAFETY
CHAIR SEATON announced that the first order of business was the
overview from the Department of Public Safety.
8:13:44 AM
WILLIAM TANDESKE, Commissioner, Office of the Commissioner,
Department of Public Safety (DPS), presented an overview of the
department. He emphasized that the three goals of DPS are to:
plan for the future, focus on results, and do things well. He
turned to a handout [included in the committee packet], which he
followed as a guideline to his overview.
8:15:21 AM
COMMISSIONER TANDESKE said DPS is comprised of three boards and
commissions: the Alcoholic Beverage Control Board (ABC), the
Council on Domestic Violence & Sexual Assault, and the Alaska
Police Standards Council. He expressed pride in the state crime
lab. Other areas covered by the department include: statewide
information services, records and identification, sex offender
registration, concealed carry permits, and security guard and
process server licensing. Residing in DPS is the State Fire
Marshal and the Alaska State Troopers, as well as the following
bureaus: Alaska Bureau of Wildlife Enforcement (ABWE), Alaska
Bureau of Alcohol and Drug Enforcement (ABADE), and Alaska
Bureau of Investigation (ABI). Commissioner Tandeske expressed
pride in the Fire Marshal's office and its attention to
prevention. He offered examples.
8:22:54 AM
COMMISSIONER TANDESKE, in response to a request from
Representative Gatto to explain the difference between boards,
councils, and bureaus, outlined that "the bureaus in question"
are incorporated in the divisions of the department. He added,
"And these are all Alaska State Troopers' core functions of the
department." He explained that the councils and boards are
attached, as are many, to other departments. He offered the
example that, by statute, the ABC Board is in his department for
administrative purposes only and operates as a quasi-judicial
entity, separate from the department. He said where he
interacts with the board is in regard to its budget and
administrative policies - not the policies of the board and what
its priorities are.
8:25:44 AM
COMMISSIONER TANDESKE, in response to a question from
Representative Gatto, offered his understanding that
fingerprints are run both at the state and federal level. He
said efforts are being made to speed the process by moving away
from the paper card system and into the automated fingerprint
system.
8:29:23 AM
COMMISSIONER TANDESKE, in response to a question from
Representative Gruenberg, offered his understanding that it is a
crime not to give one's true identity when voting. He said a
person doesn't get out of jail until his/her identity is known.
He offered an example.
8:30:32 AM
REPRESENTATIVE GRUENBERG spoke of a bill that he and
Representative Gatto introduced last year to "add arson." He
asked about the interaction of the fire marshal and police
regarding arson. He asked, "Have you been called in to deal
with any gang-related arson?"
8:31:52 AM
COMMISSIONER TANDESKE indicated no.
8:32:24 AM
REPRESENTATIVE GRUENBERG mentioned the devises that can be used
to stop traffic lights. He asked if the state has jurisdiction
to make it a crime to sell those devices. He added that it's
more difficult to "cut them off at the buyer than to cut them
off at the seller." He asked if there is enough funding in the
state to have emergency vehicles in the state equipped with such
devices.
8:33:12 AM
COMMISSIONER TANDESKE suggested that that question could be
asked of the Department of Law.
The committee took an at-ease from 8:35:02 AM to 8:39:04 AM, due
to technical difficulties.
8:39:56 AM
REPRESENTATIVE GRUENBERG revisited the subject of devices that
can change traffic lights and asked Commissioner Tandeske to get
back to him on the subject. He emphasized that the devices can
save lives [when used by emergency personnel].
8:40:17 AM
REPRESENTATIVE ELKINS stated his understanding that the
Alcoholic Beverage Control Board ("ABC Board") director is
appointed by the governor and works at the pleasure of the
board.
8:40:44 AM
COMMISSIONER TANDESKE answered that's correct. He clarified,
"They are members of the Department of Public Safety for
employment purposes." He explained that the actual day-to-day
operations of the ABC Board and its staff are autonomous. He
offered examples.
8:42:14 AM
CHAIR SEATON mentioned residential fire sprinkler systems. He
noted that he had read that 80-90 percent of all fires in homes
occupied by nonsmokers start in kitchens or in mechanical rooms
in houses. He asked if it would be helpful if credit on
insurance or some kind of insurance break could be given if a
house had smoke detectors in those particular high-risk rooms.
8:43:18 AM
COMMISSIONER TANDESKE opined that anything reasonable and cost-
effective that can be installed in homes is a positive thing.
He emphasized the importance of education in preventing fires.
He mentioned a Federal Emergency Management Agency (FEMA) fire
prevention grant, as well as a code red project. He noted that
the number of deaths a year has dropped from between 25-40 to
between 7-9. He offered to work with the legislature on this
issue.
8:46:02 AM
COMMISSIONER TANDESKE expressed pride in the crime lab. He
recollected that the lab made 45 DNA "hits," 22 of which linked
known suspects to known crimes, and 23 of which connected
unsolved crimes to each other. He offered examples.
8:47:40 AM
COMMISSIONER TANDESKE told the committee that federal funds are
available to reduce the current DNA [testing] backlog. He said
the backlog will be caught up by July 1. He spoke of the
benefit of DNA testing to law enforcement and offered examples.
8:51:26 AM
COMMISSIONER TANDESKE, in response to a question from Chair
Seaton, said he thinks all the states are using DNA testing, at
least at some level, and the crime lab in Alaska measures up
quite well nationally. He noted that criminals are transient,
thus it's important that [tracking of criminals] is done on a
national level and information is transferable. He offered
examples.
8:52:47 AM
REPRESENTATIVE RAMRAS referred to sex offender registration. He
offered an example of a person who came to work for him who was
a registered sex offender who had not indicated that on his
application. When his employment ended, the former employee
continued to list that place as his source of employment. He
asked how active DPS is in keeping track.
8:54:31 AM
COMMISSIONER TANDESKE said there have been some organized
efforts around the state in checking a list of sex offenders
"for compliance." He gave details of further efforts. He
concluded, "We will try more and more for compliance, but it is
labor intensive in a big way."
8:57:00 AM
COMMISSIONER TANDESKE, in response to a question from
Representative Gatto, said, to his knowledge, no organization
has challenged the unsolicited collection of a DNA sample. He
estimated that the cost of typical DNA testing done by the crime
lab in Alaska is $100.
8:57:23 AM
REPRESENTATIVE GARDNER offered her understanding that every DNA
sample taken in Alaska has to be sent to a national depository,
and she asked how long it takes to get a response.
8:57:42 AM
COMMISSIONER TANDESKE noted that there is a database in Alaska
called Combined DNA Index System (CODIS), so [DNA samples] can
be run in Alaska's crime lab. He noted that other states can
use that data, as well. In response to a question from
Representative Gardner, he said the ability exists to share data
among states. He said he is not qualified to say whether there
is a national collection, but he offered to find out.
8:58:27 AM
REPRESENTATIVE LYNN asked how long a sex offender must register
as such.
8:58:47 AM
COMMISSIONER TANDESKE said it depends on the offense, but can be
from 15 years to life. He spoke of the administrative end of
keeping track of the sex offenders.
9:01:18 AM
COMMISSIONER TANDESKE said he thinks it's important to know that
DNA is also used to exclude suspects. He gave an example.
9:02:22 AM
COMMISSIONER TANDESKE said the department will be asking for
federal dollars in order to expand the crime lab.
9:02:43 AM
CHAIR SEATON asked if there are good internal checks on Alaska's
crime lab and if legislators can do anything further to help.
9:03:36 AM
COMMISSIONER TANDESKE said that, aside form expanding the lab,
there is a need to remain competitive in order to recruit and
retain the best people. He offered an example of losing good
employees. In response to a question from Chair Seaton, he said
he is comfortable in terms of quality control, but emphasized
the need for long-term stability and the ability to serve all
agencies in Alaska.
9:05:34 AM
COMMISSIONER TANDESKE turned to the issue of the Alaska State
Troopers. He pointed to the handout in the committee packet,
which outlines the six core missions of the Alaska State
Troopers: statewide drug and alcohol enforcement, statewide
major crimes investigations, wildlife enforcement, statewide
training, highway traffic enforcement, and rural law
enforcement. He noted that the budget request asks for 8 new
trooper positions, of which 5 would be funded from the general
fund to bolster the road system and 3 would be funded from the
federal fund.
9:07:13 AM
COMMISSIONER TANDESKE talked about drugs. He said there are
more methamphetamine "meth" labs now. He stated that he wants
to focus on what will give the best return to constituents. He
noted that 19 out of 20 homicides have been solved, some of
which were drug related. Neighborhood crimes can end up drug
related. Commissioner Tandeske also mentioned the abuse of
prescription drugs, accidental deaths, and suicides.
9:10:15 AM
COMMISSIONER TANDESKE said the department has done well solving
its cold case files. He offered anecdotes and stressed the
importance of communication.
9:11:42 AM
REPRESENTATIVE RAMRAS opined that meth abuse is the single worst
abuse. He gave examples. He asked what direction Commissioner
Tandeske could recommend to him and the legislature to introduce
a bill to fight the use of crystal meth.
9:16:36 AM
COMMISSIONER TANDESKE noted that the governor's crime package
deals with this issue. It also deals with children being on the
premises of meth labs. He said there is a major offender unit
that focuses on the higher-volume drug traffickers, and an
attorney from the Department of Law is assigned to it.
9:17:49 AM
REPRESENTATIVE LYNN asked if there is any cooperative
interaction between state troopers and federal immigration
authorities when, for example, illegal aliens are found at a
traffic stop.
9:18:19 AM
COMMISSIONER TANDESKE said contact is made with [the Department
of Homeland Security, under which the Bureau of Citizenship and
Immigration Services and the Bureau of Immigration and Customs
Enforcement are located]. He offered examples. He described
police officers as "the eyes and ears out in the field."
9:19:42 AM
COMMISSIONER TANDESKE, in response to a question from
Representative Gardner, explained that regarding cold cases,
"solved" means, "This is the individual that committed that
crime," whereas "resolved" means, "That wasn't a homicide at
all; it was a suicide ...."
9:20:51 AM
CHAIR SEATON, in response to a question from Representative
Gardner, noted that last year a law was passed so that there is
a way to know if a building previously used as a meth lab is
clean or not.
9:21:19 AM
CHAIR SEATON noted that some communities are shutting down
because of a lack of funds. He asked what the impact to the
department would be.
9:21:38 AM
COMMISSIONER TANDESKE said it has tremendous impact. He
mentioned some communities that have disbanded.
The committee took an at-ease from 9:23:49 AM to 9:28:57 AM to
prepare for the next overview.
^DEPARTMENT OF CORRECTIONS
CHAIR SEATON announced that the next order of business was the
overview for the Department of Corrections.
9:29:10 AM
MARC ANTRIM, Commissioner, Office of the Commissioner - Juneau,
Department of Corrections (DOC), offered an overview of the
department. He read the department's mission, as written in the
handout [included in the committee packet]: "To Protect the
Public by Incarcerating and Supervising Offenders."
9:30:39 AM
COMMISSIONER ANTRIM said resources are available for those
inmates who want to make changes in their lives. He spoke of
referrals that are made to jobs.
9:31:36 AM
COMMISSIONER ANTRIM said Alaska has a unified system, which
means better control than some other states. This covers
discretionary and mandatory parole and informal and formal
probation. In response to a request by Representative
Gruenberg, he offered to provide the committee with a sheet
defining the types of probations and paroles.
9:38:04 AM
COMMISSIONER ANTRIM turned to a chart in the handout titled,
"Instate Inmate Count - Alaska Department of Corrections -
January 2005." He explained that the shaded columns show which
facilities are over capacity on any given day. He pointed to a
page titled, "Inmate Population Statistics," also in the
handout, which shows the increase of the inmate population in
the last 20 years. In response to a question from
Representative Gruenberg, he said the increase in prisoners is
due to many reasons, one of which is any new legislation
introducing criminal law.
9:43:05 AM
REPRESENTATIVE GRUENBERG said he would like to devote a hearing
to addressing the inmate population statistics and the reason
for them.
9:43:56 AM
COMMISSIONER ANTRIM listed the places in state and out of state
in which Alaska houses its inmates.
9:46:00 AM
COMMISSIONER ANTRIM said the Division of Administration [in DOC]
oversees the community jails program, which currently has 14
facilities operated under contract by police chiefs in smaller
communities around the state. He said the governor is
proposing, in the Fiscal Year 2006 (FY 06) budget, to increase
"this increment" by 10 percent. Commissioner Antrim revealed
that the last increase was over ten years ago and was only a 4
percent increase; therefore, he urged the committee to consider
the governor's proposal.
9:47:01 AM
COMMISSIONER ANTRIM said the other major operational division
the department has is the Division of Probation and Parole,
which currently supervises 4,907 offenders in the community. He
said there are approximately another 850 people who have run
away. He noted that there has been a 3.9 percent increase in
the parole caseload. The rate of sex offenders on those
caseloads has increased by 7.5 percent. The Division of
Probation and Parole works for three entities: the department,
to supervise offenders; the court system, to develop pre-
sentence reports (PS); and the parole board. The number of pre-
sentencing reports has increased, and Commissioner Antrim said
this is a problem that the department needs to address.
9:51:28 AM
COMMISSIONER ANTRIM turned to the subject of sex offenders. He
said he used to believe that sex offenders could be treated and
cured. He stated that they can't be fixed, but there is a
containment model whereby their behavior can be controlled. He
said this program can give the people supervising the offenders
an idea of how these people are behaving out in the community.
He mentioned the use of polygraph testing to see whether or not
offenders are seeing their counselors. In response to questions
from Chair Seaton and Representative Gruenberg, he gave examples
of the use of the polygraph. He said it has the benefit of
imposing self-control and is used not as a truth finder but as a
"finder of elusiveness about truth."
9:54:56 AM
COMMISSIONER ANTRIM said DOC wants to put together a
presentation in March regarding sex offenders.
9:57:00 AM
COMMISSIONER ANTRIM mentioned offender programs that are
available. He talked about prisoner medical coverage and health
services, noting that one catastrophic medical issue can throw
costs out of control and put the department out of budget.
Notwithstanding that, he saluted the legislature for having
passed a parole bill that gave the department the capability to
deal with that problem. Commissioner Antrim said DOC is the
largest provider of mental health service in the state, with 30
to 35 percent of its inmates diagnosed with mental disorders.
He offered details. He mentioned jail alternative services that
aim to get people with mental disorders into the right programs.
10:00:56 AM
COMMISSIONER ANTRIM, in response to a question from
Representative Gardner said he doesn't recall how many of the
inmates in psychiatric care continue with those programs once
they are released, but he said he could find out. He said the
department has relationships with agencies that can help, and he
listed some of them.
10:02:15 AM
COMMISSIONER ANTRIM emphasized the department's commitment to
address substance abuse. He mentioned some residential
substance abuse treatment places with 24-hour reinforcement. He
said the programs usually last 18 months. He predicted a higher
level of success from the men and women released from those
programs.
10:03:09 AM
COMMISSIONER ANTRIM noted that the department has always had
education programs, including adult basic education, life
skills, post-secondary education, vocational programs, domestic
violence programs, and the youth offender program. He expressed
pride in the faith-based program funded by private donations and
a grant.
10:05:12 AM
COMMISSIONER ANTRIM talked about a large re-entry grant, which
operates in two areas. He said the re-entry initiative is a
federal program designed to assist violent offenders in re-
entering the community after long periods of incarceration. He
noted that the grant in Alaska is focused in Juneau and Bethel -
the latter being more problematic, because Bethel is a tough
market in which to hire.
10:06:19 AM
COMMISSIONER ANTRIM concluded the overview by addressing the
subject of recruitment and retention. He spoke of turnover,
attrition, and the large number of vacancies across the state.
He said the department will be conducting a formal recruitment
campaign for the first time. He said the screening process has
been simplified in an attempt to get people working within 30 to
60 days of recruitment. Regarding probation hiring, he said
some changes have been made to good effect.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
10:09:59 AM.
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