Legislature(2005 - 2006)BUTROVICH 205
04/05/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Department of Law Presentation: Alaska Rural Justice and Law Enforcement Commission | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 5, 2006
8:41 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
Department of Law Presentation: Alaska Rural Justice and Law
Enforcement Commission
PREVIOUS COMMITTEE ACTION
None to report
WITNESS REGISTER
David Marquez, Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Introduced the PowerPoint presentation and
answered questions
Deborah Smith, Acting US Attorney
District of Alaska
th
222 West 7 Ave
Anchorage, Alaska 99513
POSITION STATEMENT: Delivered the PowerPoint presentation
William Tandeske, Commissioner
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Answered questions regarding the
presentation
Wilson Justin, Commissioner
Alaska Rural Justice and Law Enforcement Commission
POSITION STATEMENT: Spoke on behalf of the Commission
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:41:05 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair Ralph
Seekins.
^Department of Law Presentation: Alaska Rural Justice and Law
Enforcement Commission
Department of Law Presentation: Alaska Rural Justice and Law
Enforcement Commission
8:41:05 AM
CHAIR RALPH SEEKINS recognized Attorney General David Marquez
DAVID MARQUEZ, Attorney General for the State of Alaska
introduced himself and advised the committee that Deborah Smith
would deliver the overview.
8:41:45 AM
DEBORAH SMITH, Acting US Attorney for the District of Alaska,
introduced herself. She appeared before the committee in her
capacity as Co-chair of the Alaska Rural Justice and Law
Enforcement Commission. She delivered the following PowerPoint
slide presentation.
8:43:01 AM
Slide 1 - Presentation Summary
· History
· Commission Membership
· Process
· Recommendation Highlights
· Recommendations Impacting State Law
· Commission's Future
· Question and Answer
MS. SMITH advised the committee that she would briefly discuss
the first three items in the presentation and then Attorney
General Marquez would address the recommendations. She would
then advise the committee on the future of the Commission and
then provide an opportunity for questions at the end of the
presentation.
Slide 2 - History
· Created by Congress in 2004
· Charged with studying 4 broad areas:
1. Law Enforcement
2. Judicial Services
3. Alcohol Importation and Interdiction
4. Domestic Violence and Child Abuse
Slide 3 - Commission Membership
· Appointed by U.S. Attorney General (Department of Justice)
· Federal and State Co-Chairs
U.S. Attorney and Alaska Attorney General
Slide 4 - Members
· Federal Co-Chair: Deborah Smith
· State Co-Chair: David Marquez
· Commissioner of Public Safety: Bill Tandeske
· Alaska Municipal League: Bruce Botelho
· An Organized Borough: Empty Seat
Slide 5 - Members Cont'd
· Alaska Federation of Natives: H. Buddy Brown
· Tribal Representation: Wilson Justin
· Non-Profit Native Corp: Loretta Bullard
· Alaska Native Justice Center: Gail Schubert
· Non-Voting Federal Court Rep: James Torgerson
Slide 6 - Staff
· Alaska Native Justice Center - logistical support
· Various experts on a contractual basis
· Special Assistant - technical support
Slide 7 - Process
· Commission Meetings
October 2004-Present
· Working Groups
January - April 2005
· Public hearings
January - June 2005
· Finalization of Initial Report and Recommendations
The commission met regularly beginning in late 2004 and
established four working groups and developed the calendar and
format for receiving public testimony. They continued to meet
regularly in order to formulate recommendations and present the
th
findings to the 24 Legislature and to the United States
Congress.
Slide 8 - Working Groups (50 members total)
· Formed by topic area
· Chaired by Commission members
8-15 members
· Charged with presenting options
· Met January - April 2005
The Commission established workgroups of professionals, experts
and officials working in fields related to the four topics. The
Commissioners traveled to rural areas to hear public testimony.
Slide 9 - Public hearings
· Held mostly in rural locations
· Partnered with meetings of prominent organizations
· Recorded and transcribed for review by Commissioners
Slide 10 - List of Organizations Providing Testimony
· AFN Convention
· Alaska Municipal League
· Alaska Inter-Tribal Council Convention
· Sitka, Juneau, Anchorage public testimony
· Southwest Alaska Municipal Conference
· Bristol Bay Native Association
Slide 11 - Continued list
· Kawerak, Inc
· Native Village of Kotzebue
· North Slope/NW Arctic Borough (Barrow)
· Tanana Chiefs Conference - Fairbanks
· Assoc. of Village Council Presidents (Bethel)
· Mt. Sanford Tribal Consortium
· Organized Village of Kake
Slide 12 - Recommendation Highlights
· Working Groups created over 100 options
· Commission adopted and organized options
· Nine general categories as listed on next slide
8:47:51 AM
Slide 13 - Recommendations
· Engage in More Partnering and Collaboration
· Make Systemic Changes to Improve Rural Law Enforcement
· Enlarge the Use of Community-based Solutions
· Broaden the Use of Prevention Approaches
· Broaden the Use of Therapeutic Approaches
· Increase Employment of Rural Residents in Law Enforcement
· Build Additional Capacity
· Increase Access to Judicial Services
· Expand the Use of New Technologies
ATTORNEY GENERAL MARQUEZ advised the committee he would address
all nine options individually.
Slide 14 - Engage in More Partnering and Collaboration
· Develop more effective communication and coordination,
including cross training, among and between all governments
and service agencies and organizations.
· Develop agreements to better coordinate law enforcement and
judicial services in rural Alaska
ATTORNEY GENERAL MARQUEZ reported that a significant outcome of
the Commission's work was to engender collaboration of the
stakeholders to best address the issues before the Commission.
For example, the Commission suggests increased coordination
between state and tribal governments, congressional funding for
tribal justice association, and justice materials made available
in different languages.
Slide 15 - Make Systemic Changes to Improve Rural Law
Enforcement
· Development of uniform statewide-tiered system of
certification and training
· Expansion of police and public safety training
· Further work for cooperation in alcohol interdiction
Responding to its first charge, the Commission offered several
recommendations to improve law enforcement in rural Alaska as
noted above.
Slide 16 - State Efforts to Improve Rural Law Enforcement
· New Troopers and Prosecutors
· Rural Prosecution Team
· Domestic Violence Fatality Review Teams
· Cold Case Prosecutor
· Village Safety Aides
The state is currently undertaking many efforts to improve law
enforcement in rural Alaska. For example, in FY2005 Governor
Murkowski included in his proposed operating budget additional
funding for 20 new state troopers and six new criminal
prosecutors. Also, the DOL received a $2 million dollar grant
from the US Department of Justice to create the Rural
Prosecution Support Team.
In November of 2005, Rick Svobodny was appointed Alaska's first
cold-case prosecutor. DPS is currently working on a pilot
project for Village Safety Aides. The idea is to have a local
resident working with the Village Health Aide to provide very
basic public safety services, such as water safety, fire safety,
curfew and suicide prevention.
Slide 17 - State Efforts to Address Alcohol Importation and
Interdiction
· Postal Service cross designation authority
· Governor's Omnibus Crime Bill SB 170 (2004)
· Significant Bootlegging Prosecutions
The Commission concluded that further cooperation between the
state and federal governments is necessary to enhance drug and
alcohol enforcement, specifically using Postal Service
Investigators to target local option villages and their hub
communities.
Governor Murkowski's Crime Bill provided innumerable
improvements to local option and bootlegging laws and
bootlegging prosecutions have been quite successful since then.
Slide 18 - Enlarge the Use of Community-based Solutions
· DJJ delegate authority to tribes in certain juvenile
matters
· Expand funding for local prevention and intervention
programs for DV and child abuse
· Develop community-based, restorative justice re-entry
programs
· DOC seek alternatives to out-of-state prisons
· Explore alcohol distribution centers
Slide 19 - Broaden the Use of Prevention Approaches
· Insufficient prevention in rural Alaska
· Expand culturally appropriate programs
· Engage youth and adults in healthy activities
· Information in schools - early grades
DV and child abuse
Teaching respect-based values (Elders)
Interpersonal relationships
Alcohol and substance abuse
The Commission ruled that there are insufficient prevention
approaches in rural Alaska. They recommend culturally
appropriate programs to reduce the demand for alcohol, starting
with the youth.
Slide 20 - Broaden the Use of Therapeutic Approaches
· Alcohol and drug abuse
· Therapeutic courts
· Foster care
Although there are a number of programs that target the problems
of substance abuse, domestic violence, child abuse and neglect,
and sexual abuse, there is a great need to expand therapeutic
approaches in relation to alcohol and drug abuse issues.
9:00:11 AM
Slide 21 - Increase Employment of Rural Residents in Law
Enforcement and Judicial Services
· Overrepresentation of Alaska Natives in correctional
systems
· Focused recruiting effort to employ Alaska Natives in
systems
· Train and use VPSOs as Probation Officers
Due to the significant overrepresentation of Alaska Natives from
rural communities, there is a growing need to recruit and employ
Natives in the correctional system.
Slide 22 - Build Additional Capacity
· Lack of infrastructure to support rural Alaska public
safety
· Improve housing
· Increase intra-community transportation
· Provide adequate law enforcement offices and holding
facilities
· Improve equipment
· Implement "sub-hub" concept
· Statewide database and reporting requirements to monitor
investigations
The Commission reviewed a multiple of indicators that pointed to
the relative lack of infrastructure to support police and public
safety functions in rural Alaska, which in turn has a
detrimental effect on recruitment and retention of officers. The
Commission recommends improvement and expansion of housing for
officers, increased ability appropriate intra-community
transportation, more law enforcement offices, and improved
equipment. These improvements could be accomplished by
constructing multipurpose facilities in the larger underserved
village locations. Troopers currently assigned to hub
communities would be reassigned to the "sub-hub" posts,
providing significantly quicker response time.
Slide 23 - Increase Access to Judicial Services
· Enhanced funding to increase rural Alaskans' access to
civil legal assistance
· Restore federal funding opportunities for tribal courts
located within the boundaries of municipalities
· Increase use of tribal courts and video-conferencing
capability
· Training and technical assistance for state & tribal judges
The Commission found that residents of rural Alaska do not have
access to sufficient civil legal assistance to redress legal
problems related to domestic violence and child abuse and
recommends enhanced funding to respond to the need. It also
recommends the increased use of tribal courts and video-
conferencing capability, along with training and technical
assistance to judges and support staff in the Alaska Court
System and in tribal courts to instruct participants of the
value of cultural differences in rural Alaska.
Slide 24 - Expand the Use of New Technologies
· Increase access to telecommunications
· Allow law enforcement to use telehealth system in rural
Alaska
· Create system of regional 911 dispatch centers
· Open eligibility to Homeland Security programs and funding
· DOC explore electronic monitoring
· ABC Board develop statewide database
Alaska enjoys the most sophisticated telehealth system in the
world but hundreds of rural villages do not have access to the
already-in-place broadband capabilities in the communities. The
Commission recommends changing current regulations to allow
rural police to utilize the bandwidth.
Slide 25 - Additional Recommendations Impacting State Law
· Most recommendations have at least minor fiscal impacts
o State and federal funding should be sought
· Change definition of alcohol manufacture and expand
forfeiture provisions - SB 210/HB 373
· Ban written order sales to dry towns
· Ban shipping plastic by air
· Change regulatory definition of a village from 1000
individuals to 1500 individuals
Currently more than 100 communities in Alaska have chosen a
local option to combat the problems associated with alcohol
abuse and violence. SB 210 strengthens current forfeiture
provisions in the statutes and the Commission fully supports the
bill. Other Commission recommendations include banning written
order sales and the shipping of plastic by air to dry towns.
They also recommend changing the regulatory definition of a
village from 1000 to 1500 individuals.
9:07:43 AM
Slide 26 - Commission Future
ƒRequest to Congress to extend life of the Commission
ƒExpand representation on Commission
State of Alaska, Commissioner of Health and Social
Services
Representative of Alaska Native Health Care
providers
Non-voting State Court representative appointed by
the Chief Justice of the Alaska Supreme Court
Noting the importance of continued monitoring, the Commission
would like to extend its life and to expand representation.
Slide 27 - Commission Future cont'd
ƒContinue dialogue with stakeholders
ƒMonitor development and implementation of recommendations
ƒConduct additional research
ƒEvaluate the impact of new and expanded activities into the
future
As the Commission moves forward, it will continue the dialogue
among justice stakeholders, monitor the development and
implementation of the recommendations, conduct additional
research, and evaluate the impact of new and expanded activities
into the future.
Slide 28 - Commission Future cont'd
ƒObjectives to ensure implementation of Commission
recommendations:
o Advocate at State and Federal levels
o Educate and obtain buy-in from stakeholders and public
o Advocate for expansion of innovative prevention, early
intervention and treatment programs
o Increase interest in recruitment, training and hiring
of qualified Alaska Natives in the law enforcement and
justice fields
o Further define the role of the Commission
The major issues in rural Alaska are alcohol and substance abuse
and focusing on prevention rather than dealing with it in the
law enforcement department.
[End of presentation]
9:10:24 AM
WILLIAM TANDESKE, Commissioner, Department of Public Safety
(DPS), explained to the committee that DPS has been trying new
concepts in order to make a difference at the ground level in
the villages. They are focusing on public safety in villages as
opposed to law enforcement since it is impossible and
unnecessary to put an officer into every village. Instead, the
pilot project is to obtain an asset from within the village who
would work with the village health aide to make a positive
impact on some social issues.
9:13:52 AM
COMMISSIONER TANDESKE advised that they are working on getting
cross designation of authority for drug troopers to work with
the postal service to inspect for drugs and alcohol shipments.
This is a good way to combine efforts and use assets that the
state already has.
The "Sub-Hub" concept works proactively to the issue and would
move troopers out of the hub areas to work surrounding villages
proactively. The first test was to move a trooper from Nome to
Unalakleet. The trooper met with the school and the council and
has already made a positive effect. The DPS is working with
Alaska Housing Finance to utilize projects that are already in
place or being built. This would allow them to move in and out
of certain areas proactively.
9:16:52 AM
One of the bigger projects in the works is to build a facility
in either Savoonga or Gambell to be used as an apartment and
office. This would allow for them to move troopers in and out on
a North Slope schedule of two weeks on and two weeks off. With
this concept the department could have troopers on that island
more than 80 percent of the time. The project plans to use
existing funding to complete the goal.
The department has a well-established village health aide
program and they carry an inordinate amount of the load in the
village. Another individual with some basic training from within
the community to work with the health aide in the form of a
village safety officer would help relieve pressure. The
department would lose nothing by trying something different,
Commissioner Tandeske said.
9:19:27 AM
The Alaska Police Standards Council is meeting in Fairbanks on
May 15,2006. Chief Assistant Attorney General Dean Guaneli and
the Commissioner plan to brief the Council on some of the
recommendations of the Alaska Rural Justice and Law Enforcement
Commission.
COMMISSIONER TANDESKE concluded his comments with an example.
Bethel has been dealing with the alcohol delivery system on the
local level and is seeing a reduction in violent crimes. The DPS
supports them but at some point lawmakers might have to consider
whether to impose some other concepts, such as a mandatory
delivery location for better control of alcohol. Controlling
alcohol and drugs is paramount to helping the community deal
with safety issues, which is not specific to law enforcement but
includes accidental deaths on 4-wheelers and drowning and fire.
The department can make an impact in many ways that doesn't
necessarily require a full force law enforcement presence.
9:22:44 AM
WILSON JUSTIN, Vice President and Acting President of Mount
Sanford Tribal Consortium, introduced himself and described his
community. Mount Sanford is between Tok and Glennallen in terms
of judicial services and outreach. The community is also on the
borderline in terms of enforcement activities for the Alaska
State Troopers and the Alaska Department of Fish and Game.
Most tribal communities are proactive and are trying to develop
restorative justice systems that work to strengthen the
communities. Alignment between the state and tribal communities
is extremely important and it begins with understanding the
language and legal terms necessary to interact with each other.
The Commission has helped tremendously to bring the state and
tribal communities together and the issues to light.
9:25:48 AM
There is a tremendous amount of infusion into the jurisdiction
arenas on both sides and the Commission is a step in the right
direction to bring the two into alignment. Tribal communities
are not a threat and if not for tribal officers and motivated
tribal employees serving their communities; the communities
would have self-destructed a generation ago. He credited the
ability of tribal communities to proactively hold things
together long enough to be assisted by the formation of the
Commission. Mr. Justin related his personal story of growing up
and witnessing the destruction that alcohol brought to his
community.
MR. JUSTIN suggested that it is easy to overlook the rural
communities because of the small population but, he reminded the
committee, those rural communities send millions of dollars each
year into Anchorage and Fairbanks.
9:29:48 AM
MR. JUSTIN said people don't realize the dynamics and the modern
shift in tribal communities. They are working hard to develop
new models that accommodate traditional values and also
encapsulate the younger generation. He said the ultimate issue
that needs to be resolved is whether the State of Alaska wants
to partner with the tribal communities to collaborate and solve
their overlapping problems.
9:31:18 AM
CHAIR SEEKINS spoke of the many opportunities for community
improvement around the state. The Alaska State Legislature
harbors an ongoing commitment to take care of all of the
citizens.
9:39:18 AM
CHAIR SEEKINS shared his experience working with Commissioner
Tandeske and with other legislators to address the issue of
housing accommodations and training for village public safety
officers (VPSOs).
9:43:06 AM
MR. JUSTIN clarified his point about economic measures. The
solutions are all high cost whether the solution is prevention
or building more jails.
CHAIR SEEKINS agreed and said communities need to want the
interaction with the state. He speculated that they only want
state interaction on a selective basis.
9:45:06 AM
SENATOR GUESS asked Mr. Justin to comment on the village safety
aide pilot program.
MR. JUSTIN said the idea would work well and since the village
health aide program has been in place for many years, the model
is there. The program, if implemented, should recognize the
cultural competency.
CHAIR SEEKINS opined that there could be a level of trust lost
by replacing a village health aide with someone of a higher
authority.
MR. JUSTIN agreed. Most health aides are put on the spot every
day. There are things that occur that cross the line to
criminality particularly with cases of suspected drug abuse or
domestic violence. A respected tribal member may be suspected of
domestic violence or bootlegging. A family member may be
suspected of substance abuse or sexual abuse. Those are things
that village members face daily and the daily situations
emphasize the need for a system to protect the health aide that
might turn somebody in.
9:52:58 AM
COMMISSIONER TANDESKE recognized that rural communities were not
asking for the government to fix all of their problems and that
there must be local accountability. The village safety aide
program would provide for a local authority to deal with quality
of life issues of the rural communities. The worse thing to do
would be to do nothing, he said.
SENATOR GUESS asked Mr. Justin whether the state justice system
and the tribal community alignment would support and protect the
village health aide.
MR. JUSTIN said yes. Many tribal leaders are faceless and it is
easy to undercut them. An initially simple issue to deal with
can turn into a conflagration because of a lack of alignment and
a language barrier.
9:58:10 AM
SENATOR FRENCH asked whether the law enforcement issues of child
abuse, domestic violence, and felony drug violations were
outside the realistic realm of the VPSO.
MR. JUSTIN said the issue should be looked at in the 100-year-
long arena of exposure to alcohol and the western society. He
said:
The issue of jurisdictional activities is related to
understanding of traditional practices. So many of our
best-informed tribal leaders have passed away before
they had a chance to instill or install or speak to
that traditional knowledge. So now tribal communities
have to look at evolution in terms of practices.
10:02:16 AM
COMMISSIONER TANDESKE followed up with Senator French's
question. He said there does get to be pressure for tribal
solutions. As an example, he said, the village of Kipnuk adopted
a search policy and that made the troopers nervous. On the other
hand it did reduce the amount of alcohol coming into the
community.
SENATOR HUGGINS asked Mr. Justin whether marijuana was a problem
in the rural communities.
MR. JUSTIN said it was part and parcel to the problem but it is
not a large problem.
COMMISSIONER TANDESKE said his understanding statewide that it
is a problem in the western coastal area but not a quick cash
crop. Statistics show alcohol provides a much higher rate of
return on the black market. The DPS moved a drug dog to Bethel
in January and recently intercepted 42 pounds of marijuana, six
ounces of cocaine, and $89,000 in cash. The street value was
estimated to be close to $1 million dollars.
10:06:57 AM
SENATOR HUGGINS said he visited many villages as an advisor to
the Alaska National Guard and expressed concern that the
Legislature could provide a solution to the alcohol and drug
problems.
10:09:22 AM
Senator Gene Therriault joined the meeting.
MR. JUSTIN responded to Senator Huggins and said that he was a
firm believer in local solutions for local problems. But, he
observed, during a collapse of leadership, for example when the
state does not support the village leaders, it drives talent,
skills, values and courage out of the rural arena and leaves the
criminals in place. He said that has been going on for half a
generation and the back up and support needs to be put back into
place.
SENATOR GUESS asked Commissioner Tandeske how to combine the
VPSO and probation officer positions.
COMMISSIONER TANDESKI recalled that the recommendation was to
use the VPSOs as extensions of probation officers and increase
the duties with funding from the money that is currently
available from the 2002 Legislature.
10:13:41 AM
SENATOR GUESS asked whether there was discussion to include
public safety in the USF [Universal Service Fund] funding.
MR. MARQUEZ advised the committee that he would find out.
SENATOR GUESS said that USF works toward education and
healthcare issues and if the fund were broadened to include the
DPS it would be an easy avenue to include public safety for
broadband use.
COMMISSIONER TANDESKE advised the committee that he has been
working on a pilot project to use advanced technology for
domestic violence offenders. For example, a person convicted of
domestic violence in a remote village has no access to
participate in any rehabilitative programs.
10:15:43 AM
CHAIR SEEKINS expressed a willingness to meet with the
Commission during the interim and review the impending
Commission report. He expressed hope that between the two groups
they could implement some programs to the betterment of the
state.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:21:27 AM.
| Document Name | Date/Time | Subjects |
|---|