Legislature(2007 - 2008)BUTROVICH 205

01/17/2008 08:30 AM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
08:36:51 AM Start
08:36:56 AM Crime Summit
08:37:35 AM Doug Wooliver, Administrative Attorney for the Alaska Court System
08:58:25 AM Larry Cohn, Executive Director, Alaska Judicial Council
09:23:23 AM Steve Mccomb, Director, Division of Juvenile Justice
09:27:20 AM Barb Henjum, Superintendent, Mclaughlin Youth Center
09:51:17 AM Rob Wood, Chief Probation Officer, Division of Juvenile Justice
10:28:10 AM Joe Schmidt, Commissioner, Department of Corrections
11:09:23 AM Sam Edwards, Deputy Commissioner, Department of Corrections
11:22:50 AM John Cyr, Executive Director, Public Safety Employees Association
11:24:41 AM Rob Cox, Alaska State Trooper, Department of Public Safety
11:44:11 AM Diane Schenker, Integrated Justice Project Manager, Alaska Court System
01:43:24 PM Diane Ingle, Director, Municipality of Anchorage Department of Health and Human Services
02:05:08 PM Adrienne Bachman, District Attorney, Department of Law
02:10:34 PM Dan Hoffman, Chief, Fairbanks Police Department
02:14:43 PM Rob Heun, Chief, Anchorage Police Department
02:19:19 PM Janet Mccabe, Chair, Partners for Progress
02:21:06 PM Jeff Jesse, Chief Executive Officer, Alaska Mental Health Trust Authority
02:32:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 8:30 a.m. to 5:00 p.m. TELECONFERENCED
Senate Judiciary Committee Crime Summit
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 17, 2008                                                                                        
                           8:36 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Johnny Ellis                                                                                                            
Representative Jay Ramras                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Crime Summit                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
See Senate Judiciary minutes from January 16, 2008                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DOUG WOOLIVER, Administrative Attorney                                                                                          
Alaska Court System                                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Discussed the dramatic increase in felony                                                                 
filings in Alaska over the last several years.                                                                                  
                                                                                                                                
LARRY COHN, Executive Director                                                                                                  
Alaska Judicial Council (AJC)                                                                                                   
Alaska Court System                                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Commented on studies the Alaska Judicial                                                                 
Council has done and those it has had occasion to review.                                                                       
                                                                                                                                
STEVE McCOMB, Director                                                                                                          
Division of Juvenile Justice                                                                                                    
Department of Health &                                                                                                          
  Social Services                                                                                                               
Anchorage, AK                                                                                                                   
POSITION STATEMENT:   Stated that  DJJ has the opportunity  to be                                                             
the best  juvenile justice system  in the  nation, but it  has to                                                               
bring  the 32  percent recidivism  rate  down to  the 20  percent                                                               
level.                                                                                                                          
                                                                                                                                
BARB HENJUM, Superintendent                                                                                                     
McLaughlin Youth Center                                                                                                         
Division of Juvenile Justice                                                                                                    
Department of Health &                                                                                                          
  Social Services                                                                                                               
Juneau, AK                                                                                                                      
POSITION  STATEMENT:    Delivered a  PowerPoint  presentation  on                                                             
juvenile justice trends in Anchorage.                                                                                           
                                                                                                                                
ROB WOOD, Chief Probation Officer                                                                                               
Division of Juvenile Justice (DJJ)                                                                                              
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:    Delivered a  PowerPoint  presentation  on                                                             
juvenile justice trends in Anchorage.                                                                                           
                                                                                                                                
JOE SCHMIDT, Commissioner                                                                                                       
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:    Responded  to questions  related  to  the                                                             
criminal justice system.                                                                                                        
                                                                                                                                
SAM EDWARDS, Deputy Commissioner                                                                                                
Population Management                                                                                                           
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION   STATEMENT:     Responded  to   questions  related   to                                                             
population statistics in the criminal justice system.                                                                           
                                                                                                                                
JOHN CYR, Executive Director                                                                                                    
Public Safety Employees Association Alaska (PSEA)                                                                               
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Said PSEA  has  a list  of suggestions  to                                                             
potentially change the  way the criminal justice  system works in                                                               
Alaska.                                                                                                                         
                                                                                                                                
ROB COX, Alaska State Trooper                                                                                                   
Department of Public Safety                                                                                                     
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Provided boots  on the  ground perspective                                                             
applying   policies  and   available  resources   to  real   life                                                               
incidents.                                                                                                                      
                                                                                                                                
DIANNE SCHENKER, Integrated Justice Project Manager                                                                             
and Chair of MAJIC                                                                                                              
Alaska Court System                                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Provided  information about the Multi-Agency                                                             
Justice Integration  Consortium (MAJIC) and  what it is  doing to                                                               
improve electronic data sharing.                                                                                                
                                                                                                                                
DIANE INGLE, Health Director                                                                                                    
Department of Health and Human Services                                                                                         
Municipality of Anchorage                                                                                                       
POSITION   STATEMENT:     Discussed   the  relationship   between                                                             
substance abuse and crime.                                                                                                      
                                                                                                                                
JOSH FINK, Director                                                                                                             
Office of Public Advocacy                                                                                                       
Department of Administration                                                                                                    
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supplemented  the record on conviction/report                                                             
ratio for sexual assaults.                                                                                                      
                                                                                                                                
ADRIENNE BACHMAN, District Attorney                                                                                             
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supplemented  the record on conviction/report                                                             
ratio for sexual assaults.                                                                                                      
                                                                                                                                
DAN HOFFMAN, Chief                                                                                                              
Fairbanks Police Department                                                                                                     
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Emphasized the  need and value of electronic                                                             
reporting for  pawn shops  and secondhand  stores and  raised the                                                               
issue of tort reform.                                                                                                           
                                                                                                                                
ROB HEUN, Chief                                                                                                                 
Anchorage Police Department (APD)                                                                                               
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Asked for  assurance that local voices would                                                             
be  heard  because they  are  integral  players in  the  criminal                                                               
justice system.                                                                                                                 
                                                                                                                                
JANET MCCABE, Chair                                                                                                             
Partners for Progress                                                                                                           
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Suggested the  committee ask  the Criminal                                                             
Justice Working Group to investigate a reentry program.                                                                         
                                                                                                                                
JEFF JESSE, Chief Executive Officer                                                                                             
Alaska Mental Health Trust Authority                                                                                            
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Offered support  and  partnership to  form                                                             
community programs  using evidence-based  practices to  work with                                                               
target populations in corrections to reduce recidivism.                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 8:36:51  AM. Present at the call to                                                             
order  were  Senators  Huggins,  Therriault,  and  Chair  French.                                                               
Senators Wielechowski  and McGuire  arrived during the  course of                                                               
the meeting.                                                                                                                    
                                                                                                                                
                         ^CRIME SUMMIT                                                                                      
8:36:56 AM                                                                                                                    
CHAIR  FRENCH  opened  the  second   day  of  the  Crime  Summit.                                                               
Yesterday  the committee  heard  from law  enforcement and  state                                                               
prosecutors. Today  the committee  will hear from  other entities                                                               
that deal with criminal justice beginning with the Court System.                                                                
                                                                                                                                
^DOUG  WOOLIVER, Administrative  Attorney  for  the Alaska  Court                                                               
System                                                                                                                          
8:37:35 AM                                                                                                                    
DOUG  WOOLIVER,  Administrative  Attorney for  the  Alaska  Court                                                               
System and LARRY COHN, Executive  Director of the Alaska Judicial                                                               
Council introduced themselves.                                                                                                  
                                                                                                                                
MR. WOOLIVER said  that when the court system  looked through its                                                               
case statistics one trend that  jumped out is that felony filings                                                               
in Alaska have been rising steadily  for a number of years. "Over                                                               
the  course of  those  years they're  up  dramatically." In  FY02                                                               
about 3,700 felony cases were filed  and by FY07 there were 6,200                                                               
filings, which  is a 68  percent increase. Most of  that increase                                                               
has been in  Anchorage where the filings increased  from 1,200 to                                                               
2,900 for a 140 percent increase.                                                                                               
                                                                                                                                
CHAIR  FRENCH asked  if there  is  really that  much more  felony                                                               
activity in Anchorage  or if it's that the  municipality is doing                                                               
a better job of fighting crime.                                                                                                 
                                                                                                                                
MR. WOOLIVER said  Mr. Aos made the observation  that more police                                                               
on the  street leads to less  crime and it leads  to more arrests                                                               
and more  charges. That's  interesting because  although property                                                               
crime  filings  in Alaska  have  gone  way  up the  instances  of                                                               
property  crimes are  not dramatically  higher. It  could be  the                                                               
situation  that efficiency  has been  improved by  capturing more                                                               
people who commit crimes resulting  in more prosecutions and less                                                               
crime  on the  street.  So filings  are  rising while  presumably                                                               
crime is not rising as much or  perhaps not at all. In Alaska all                                                               
categories of felonies have gone  up, but property crimes are the                                                               
single largest  part of  the felony  caseload. Statewide  in FY02                                                               
there  were 700  property  crime  filings or  20  percent of  the                                                               
felony  caseload. In  FY07 there  were 1,900  cases, which  is an                                                               
increase of  nearly 170 percent.  What the statistics  don't show                                                               
is  why the  number  is up.  It  could be  due  to increased  law                                                               
enforcement  or it  could  be  that the  property  crime rate  is                                                               
rising. The statewide statistics  don't suggest that, however. It                                                               
could be due to more police  or to renewed effort by prosecutors.                                                               
He  understands  that  property crime  prosecution  sections  are                                                               
being fully  staffed now  and that  hasn't been  the case  in the                                                               
past.                                                                                                                           
                                                                                                                                
8:42:06 AM                                                                                                                    
MR.  WOOLIVER  said  one  reason  for  the  increase  relates  to                                                               
inflation and the  theft statutes themselves. In  general a crime                                                               
becomes a  felony once  the value of  the property  reaches $500.                                                               
The Legislature  established that figure  in 1978. When  he looks                                                               
at property  crime statistics he can  tell how many theft  in the                                                               
second degree filings  there were last year, but  he doesn't know                                                               
if somebody stole a pair of skis  or stole a car. He doesn't know                                                               
if  the effect  of  inflation  is that  an  increasing number  of                                                               
crimes that used  to be misdemeanors are now felonies  or if it's                                                               
a small  portion. The statistics  don't provide  that information                                                               
but it seems  likely that 30 years of inflation  plays a part. He                                                               
noted  that both  the Alaska  Judicial Council  and the  Criminal                                                               
Justice Working Group have looked  at the issue. That information                                                               
could be helpful.  The Legislature could look  at the information                                                               
and  decide that  inflation or  not  they are  properly filed  as                                                               
felony crimes.  We're just trying  to understand and  explain the                                                               
increase  in  felony  filings,  he said.  If  they  are  properly                                                               
charged as felonies they belong  in superior court. If that's the                                                               
case,  the system  just  needs  the resources  to  deal with  the                                                               
crimes as felonies.                                                                                                             
                                                                                                                                
MR. WOOLIVER  said regardless of  the reason, felony  filings are                                                               
up  and the  entire criminal  justice  system is  faced with  the                                                               
challenge  of  dealing with  that  increase.  Two years  ago  the                                                               
Legislature  helped the  court  by adding  6  new superior  court                                                               
judges to  the bench. Now  Anchorage now  has 5 judges  to handle                                                               
criminal  cases in  superior court.  That has  helped a  lot, but                                                               
adding more judges isn't the only  way to improve the system. One                                                               
thing the  court has done that  it's very proud of  is to address                                                               
recidivism  issues.   A  number   of  studies  have   shown  that                                                               
therapeutic  courts  reduce  recidivism  for  people  who  commit                                                               
crimes  because  of  addiction. All  chronic  recidivists  aren't                                                               
necessarily addicted to  drugs and alcohol. Jail may  be the only                                                               
option for some people and that  may be the best use of resources                                                               
for  that  population.   But  we  do  know   that  a  significant                                                               
percentage  of chronic  recidivism  is due  to  drug and  alcohol                                                               
addiction,  he  said.  As Mr.  Aos  said  yesterday,  therapeutic                                                               
courts are a critical part of  the portfolio that Alaska needs in                                                               
addressing the entire criminal justice system.                                                                                  
                                                                                                                                
8:46:29 AM                                                                                                                    
MR. WOOLIVER  said another wise  use of  resources is the  use of                                                               
video links between the jails  and courts. The court system works                                                               
closely with  the commissioners of public  safety and corrections                                                               
as well as  the superintendant of the McLaughlin  Youth Center to                                                               
establish  and expand  video conferencing  and links.  This saves                                                               
time  and  resources  for  everyone  involved  in  releasing  and                                                               
readmitting and transporting prisoners  and residents to and from                                                               
court. Also, the new computer  system that the Legislature funded                                                               
increased the overall  efficiency of both the  civil and criminal                                                               
justice system. A web-based system  allows the court to track far                                                               
more  information   and  save  time.   For  example,   the  court                                                               
previously  sent multi-page  daily calendars  by FAX  to numerous                                                               
locations,  which was  problematic. Now  the calendar  is on  the                                                               
Internet, which saves an enormous amount of time and labor.                                                                     
                                                                                                                                
MR. WOOLIVER  said another example  that reflects the  benefit of                                                               
the  system and  cooperation  with other  entities is  electronic                                                               
ticket  filing.   Now  information  from  the   Anchorage  Police                                                               
Department  (APD)  automatically  goes   into  the  court  system                                                               
database so  when the ticket  number is entered,  the disposition                                                               
code is  displayed. This  reduces work  significantly. Eventually                                                               
more criminal  justice information will be  entered and dispersed                                                               
this way.                                                                                                                       
                                                                                                                                
CHAIR FRENCH expressed support for  the effort. He said he's used                                                               
the  CourtView program  and found  it  easy to  use. Citing  bail                                                               
conditions  as  a pet  issue,  he  said those  conditions  change                                                               
rapidly and  officers could do a  better job if they  had instant                                                               
access. He  asked what  the court  system could  do to  make bail                                                               
conditions available to APD and Alaska State Troopers (AST).                                                                    
                                                                                                                                
8:52:02 AM                                                                                                                    
MR. WOOLIVER  explained that the  court system has  grant funding                                                               
for  a  pilot  program  to develop  more  uniform  conditions  of                                                               
release  for  bail and  probation  and  to  make changes  to  the                                                               
computer  system.  Ideally  bail   conditions  or  conditions  of                                                               
release will  be entered in  the courtroom and  directly populate                                                               
APSIN  (Alaska   Public  Safety  Information  Network)   so  that                                                               
officers in  the field  have direct  access. Because  APSIN can't                                                               
always keep up,  the next best option is for  the officer to have                                                               
the ability to check CourtView to see the bail conditions.                                                                      
                                                                                                                                
CHAIR  FRENCH pointed  out  that  it will  still  be  a two  step                                                               
process. APSIN  can't accept  the information  so the  officer or                                                               
dispatcher has  to run the  defendant through CourtView  for bail                                                               
conditions.                                                                                                                     
                                                                                                                                
MR. WOOLIVER said he's not familiar  with what APSIN can or can't                                                               
do. The idea is to make  the information available, but right now                                                               
clerks are busy doing other things.                                                                                             
                                                                                                                                
CHAIR FRENCH suggested that the moment  to capture the data is in                                                               
the courtroom  as the  judge is  announcing the  conditions. When                                                               
the  clerk enters  the data  it ought  to automatically  populate                                                               
CourtView.                                                                                                                      
                                                                                                                                
MR. WOOLIVER  said he  agrees but it  doesn't translate  that way                                                               
now.  Ultimately, conditions  of  release and  judgments will  be                                                               
entered in  the courtroom and  the information will  be available                                                               
when the proceeding is finished.  More staff is needed and that's                                                               
part  of  the  budget  request.   Currently  the  information  is                                                               
captured  by clerks  inputting  "a  ton of  data,"  which is  the                                                               
downside of the computer system.                                                                                                
                                                                                                                                
CHAIR FRENCH  again urged him  to capture  the data just  once in                                                               
the courtroom.                                                                                                                  
                                                                                                                                
MR. WOOLIVER replied they're headed in that direction.                                                                          
                                                                                                                                
8:56:38 AM                                                                                                                    
SENATOR McGUIRE joined the meeting.                                                                                             
                                                                                                                                
MR.  WOOLIVER   agreed  with  Commissioner   Monegan's  statement                                                               
yesterday that everything depends  on communication. He said that                                                               
after a lapse  of five or six years the  Criminal Justice Working                                                               
Group has been reconstituted so  the upper levels of the criminal                                                               
justice agencies  are again  talking together  as a  group. Also,                                                               
the  electronic exchange  of information  has allowed  for things                                                               
such as  electronic tickets and  electronic discovery.  The MAJIC                                                               
group has been instrumental in  helping agencies in this area, he                                                               
said.                                                                                                                           
^LARRY COHN, Executive Director, Alaska Judicial Council                                                                        
8:58:25 AM                                                                                                                    
LARRY COHN,  Executive Director,  Alaska Judicial  Council (AJC),                                                               
reminded  members that  AJC  and the  court  system are  separate                                                               
state agencies  that enjoy a  good working relationship.  AJC was                                                               
created  by  the  constitution  to do  three  things:  1)  screen                                                               
applicants  for  judgeships,  2)   evaluate  the  performance  of                                                               
judges, and 3)  to conduct studies to  improve the administration                                                               
of justice.                                                                                                                     
                                                                                                                                
MR. COHN  relayed that his professional  background includes more                                                               
than 20 years  with the criminal justice system and  six years in                                                               
his  current position.  He said  his remarks  would focus  on the                                                               
studies AJC has  done and those it has had  occasion to review. A                                                               
year ago AJC  published the first general study  of recidivism in                                                               
Alaska.  From that  study a  statistic that  has been  frequently                                                               
cited  is that  in 1999  two thirds  of the  people charged  with                                                               
felonies  and  convicted of  some  offense  were re  incarcerated                                                               
within 3  years of  release from  jail. Also,  59 percent  of the                                                               
people  were rearrested  for a  new  offense. In  that study  AJC                                                               
looked   at  the   factors  associated   with  higher   rates  of                                                               
recidivism.  They  learned  that certain  populations  recidivate                                                               
more   frequently   including:    younger   offenders,   indigent                                                               
offenders,   offenders  with   substance  abuse   -  particularly                                                               
alcohol, and offenders  with mental health problems.  In fact, 68                                                               
percent of defendants  had alcohol problems, 48  percent had drug                                                               
problems,  and  29  percent  had   mental  health  problems.  The                                                               
categories  are  not  mutually  exclusive.  People  with  alcohol                                                               
problems  were  remanded  to  custody within  3  years  of  their                                                               
release 70 percent  of the time as opposed to  57 percent if they                                                               
did not have alcohol problems.                                                                                                  
                                                                                                                                
9:01:47 AM                                                                                                                    
CHAIR FRENCH  asked about the measuring  process for categorizing                                                               
a defendant as someone with an alcohol problem.                                                                                 
                                                                                                                                
MR. COHN explained  that any indication of an  alcohol problem is                                                               
noted. That  includes the nature  of the offense, a  condition of                                                               
release or bail, or a  Department of Corrections record. The same                                                               
standard  is used  for mental  health problems.  If anything  the                                                               
incidence  of  these  problems are  underestimated  because  some                                                               
defendants have  problems that  aren't manifested  in a  way that                                                               
can  be recorded.  Responding to  a question,  he clarified  that                                                               
this  information   is  from  records   and  not   from  prisoner                                                               
interviews.                                                                                                                     
                                                                                                                                
MR.  COHN   added  that  people   with  mental   health  problems                                                               
recidivate  within 3  years 78  percent of  the time  compared to                                                               
people without  mental health problems who  recidivate 62 percent                                                               
of  the time.  Consistent with  Mr. Wooliver's  testimony, people                                                               
who commit  property offenses  are rearrested  67 percent  of the                                                               
time within  3 years of  release compared  to 32 percent  of drug                                                               
offenders and  39 percent of sex  offenders. Recidivism typically                                                               
occurs within the first year  and most frequently within 6 months                                                               
of release.  The study  looked at  the type  of offense  that was                                                               
committed  when a  person  recidivated and  whether  it was  more                                                               
serious  than  the  initial  crime. It  found  that  people  with                                                               
substance  abuse  problems  and   people  who  committed  violent                                                               
offenses were  more likely to  commit more serious  offenses when                                                               
they  recidivated  than  those   who  committed  other  types  of                                                               
offenses.                                                                                                                       
                                                                                                                                
9:04:02 AM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
CHAIR  FRENCH   recapped  some  of   the  findings   for  Senator                                                               
Wielechowski and  asked Mr.  Cohn to articulate  a reason  why so                                                               
many folks reoffend in the first 6-12 months of release.                                                                        
                                                                                                                                
MR. COHN  said the working  group will explore reasons  for that,                                                               
but it's young indigent people  with substance abuse problems who                                                               
are committing  these property offenses.  They have  no realistic                                                               
likelihood of  reintegrating into  the community  because there's                                                               
no established  reentry system  to offer  help. "They  are pretty                                                               
much doomed." The bottom line is  that the more often someone has                                                               
contact with  the criminal justice  system, the more  likely they                                                               
are to reoffend.                                                                                                                
                                                                                                                                
CHAIR  FRENCH said  Mr. Aos  showed  yesterday that  you have  to                                                               
decide  where  to  allocate  scant  resources.  If  most  of  the                                                               
problems are  in the first six  months it sounds like  that would                                                               
be  a good  place to  focus the  effort. Even  a small  reduction                                                               
would produce huge savings for society and the public purse.                                                                    
                                                                                                                                
9:06:00 AM                                                                                                                    
MR. COHN said the AJC studies  suggest that would be a good thing                                                               
to try.                                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI asked how mental health issues are defined.                                                                
                                                                                                                                
MR.  COHN  explained that  the  Department  of Corrections  (DOC)                                                               
screens defendants for mental health  problems. Someone who works                                                               
with DOC  reviewed the defendants and  told AJC who had  a mental                                                               
health issue.                                                                                                                   
                                                                                                                                
CHAIR  FRENCH  observed that  the  DOC  review process  was  more                                                               
formal than the drug or alcohol analysis.                                                                                       
                                                                                                                                
MR. COHN said, "Yes, we relied on their expertise for that."                                                                    
                                                                                                                                
9:07:02 AM                                                                                                                    
SENATOR McGUIRE suggested that it  would be helpful if the intake                                                               
process included  an interview and  questionnaire about  drug and                                                               
alcohol use.  "A lot  of times folks  that have  mental disorders                                                               
are not always cognizant of what they are."                                                                                     
                                                                                                                                
MR. COHN  agreed that more  data is always  useful. Socioeconomic                                                               
data was  lacking when  AJC studied  the criminal  justice system                                                               
and having that information would make the analysis more useful.                                                                
                                                                                                                                
MR.  COHN explained  that AJC  used recidivism  data as  baseline                                                               
data when  it evaluated and  reported on therapeutic  courts. AJC                                                               
has looked  at outcomes for  felony drug court in  Anchorage, the                                                               
felony DUI court in Anchorage,  and the Bethel Therapeutic Court.                                                               
They  are also  concluding a  four  year study  of the  Anchorage                                                               
Wellness  Court in  partnership  with the  Urban  League and  the                                                               
Justice  Center  at  the  University  of  Alaska.  AJC  uses  the                                                               
recidivism  rates  in  the  recidivism   study  to  compare  with                                                               
recidivism  rates of  people in  those  therapeutic courts.  What                                                               
enabled AJC to do the recidivism  study is a prior study that was                                                               
published about four years ago. It  is referred to as "The Felony                                                               
Study."  He  delivered  a presentation  to  the  joint  judiciary                                                               
committees at that time. An excerpt  of that PowerPoint is in the                                                               
packet as  an example  of what  the report  included. To  do that                                                               
study  AJC took  a representative  two-thirds sample  of all  the                                                               
felony  cases  in  Alaska  that  were filed  in  1999.  Data  was                                                               
collected from DOC and DPS and  from court system case files. The                                                               
purpose  of   the  study   was  to   identify  reasons   for  the                                                               
preponderance  of ethnic  and racial  minorities  in the  justice                                                               
system. As a byproduct a lot  of information was collected on the                                                               
criminal justice  system. A lot  of the good questions  that have                                                               
been asked in the last two  days are in the recidivism report and                                                               
the felony  study, he said.  Information collected in  the felony                                                               
study included data on ethnicity,  age, and gender. Data on prior                                                               
records was broken  down by type of offense, the  number of prior                                                               
offenses,  length  of  sentence,   location  of  the  case,  bail                                                               
conditions,  length   of  incarceration   prior  to   trial,  and                                                               
allocation of  cases. They reported  that 63 percent  of criminal                                                               
case defendants  were represented by public  defenders, 5 percent                                                               
by  Office of  Public Advocacy  (OPA)  staff, 12  percent by  OPA                                                               
contractor, and  the rest by  private attorneys. Alaska  data was                                                               
compared to national data; Alaska  convictions were reported as a                                                               
percentage of  the number of  reported crimes; and the  number of                                                               
arrests in Alaska was compared to national data.                                                                                
                                                                                                                                
9:12:14 AM                                                                                                                    
MR.  COHN  referred  to  the discussion  with  Mr.  Wooliver  and                                                               
relayed that  the percentage of  crime that's reported  in Alaska                                                               
that results  in a  felony conviction  is very  low. This  is not                                                               
unique to  Alaska. "By  the time that  we get to  the end  of the                                                               
process,  there  are many  fewer  convictions  than arrests,"  he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR  FRENCH asked  if he  had any  data on  felony arrests  and                                                               
felony resolutions.                                                                                                             
                                                                                                                                
MR.  COHN directed  attention to  page 14  of the  "Alaska Felony                                                               
Process: 1999" PowerPoint presentation.  In Alaska every 100 rape                                                               
reports result in  7 felony convictions. Nationwide  there are 12                                                               
felony convictions  for every  100 reports  of rape.  The numbers                                                               
are  better   once  an   arrest  is   made,  but   they're  still                                                               
substantially less than half, he said.                                                                                          
                                                                                                                                
9:13:50 AM                                                                                                                    
MR. COHN explained  that the AJC study compared  Alaska data with                                                               
data gathered  15 years  earlier when  the judicial  council last                                                               
did a  study. Over that  period felony case filings  increased 86                                                               
percent,  but criminal  justice  resources increased  by only  21                                                               
percent. That budget  trend plays out in a number  of ways. There                                                               
were considerable more  charge reductions in the  1999 cases. The                                                               
percentage of  defendants convicted  of the most  serious offense                                                               
with  which  they were  charged  was  much  lower than  15  years                                                               
earlier. There was  a large increase in the  number of defendants                                                               
charged  with  felonies  who   were  convicted  of  misdemeanors.                                                               
Disparities  were observed  for offenders  represented by  public                                                               
attorneys who lacked the resources  to address their cases. Also,                                                               
there was an increase in case disposition times.                                                                                
                                                                                                                                
MR. COHN  said the AJC hopes  that its data and  recidivism study                                                               
will  provide needed  information  to make  decisions  in how  to                                                               
allocate resources  to best protect  public safety.  He suggested                                                               
that the answer is not  exclusively to increase sentences. Alaska                                                               
is ranked  sixth in the  percentage of  people who are  under the                                                               
supervision  of the  Department of  Corrections and  are actually                                                               
incarcerated. Probation  and parole  are less frequent  in Alaska                                                               
than in most states.                                                                                                            
                                                                                                                                
CHAIR FRENCH asked him to clarify that statistic.                                                                               
                                                                                                                                
MR.  COHN explained  that in  Alaska when  defendants go  to jail                                                               
they  spend  more  time  actually  serving  their  sentence  than                                                               
defendants in other jurisdictions.                                                                                              
                                                                                                                                
9:16:29 AM                                                                                                                    
CHAIR  FRENCH referred  to the  one-third  sentence reduction  he                                                               
spoke to  Ms. Bachman about  yesterday, and asked if  he's saying                                                               
that  that's higher  than average.  Most  states give  a half  or                                                               
three-quarter reduction.                                                                                                        
                                                                                                                                
MR. COHN  said yes. He  doesn't know if  good time is  the factor                                                               
that explains it, but most  jurisdictions put people on probation                                                               
more  often  and  they  get  out  of  jail  earlier.  Alaska  has                                                               
presumptive  sentencing  so  people aren't  eligible  for  parole                                                               
until they've served two thirds of their sentence.                                                                              
                                                                                                                                
CHAIR FRENCH  reviewed a criminal justice  publication that gives                                                               
the incarceration rate  per 1,000 and the crime  rate per 100,000                                                               
and noted that Alaska falls in the middle.                                                                                      
                                                                                                                                
SENATOR HUGGINS asked  how Alaska compares to other  states if 56                                                               
percent of the  corrections population is either  on probation or                                                               
parole.                                                                                                                         
                                                                                                                                
MR. COHN  agreed to  supply the  information. He  summarized that                                                               
AJC asked  the Legislature  to fund the  working group  last year                                                               
and  the stars  aligned. He  is encouraged  by the  collaborative                                                               
approach. Everyone  has a good  appreciation of the need  to work                                                               
together and  cooperate to solve  problems that  agencies working                                                               
alone  have   difficulty  solving.   Finally,  he   reminded  the                                                               
committee that  AJC has a  lot of  data and it  welcomes requests                                                               
for information. "We  have no agenda; we don't offer  our data in                                                               
support of a budget. Our  agenda is our constitutional mandate to                                                               
conduct  studies to  improve the  administration of  justice," he                                                               
stated.                                                                                                                         
                                                                                                                                
9:19:18 AM                                                                                                                    
CHAIR  FRENCH  said he's  been  looking  for  a candidate  to  do                                                               
research in  Alaska like Mr.  Aos does in Washington.  Until this                                                               
morning  he was  thinking  about approaching  ISER (Institute  of                                                               
Social Economic Research) to do  that analysis, but he'd like Mr.                                                               
Cohn to give  it consideration. What they're  doing in Washington                                                               
is worth trying here.                                                                                                           
                                                                                                                                
SENATOR THERRIAULT said  he's trying to figure out  what the data                                                               
on page 14 means. If other  jurisdictions in the U.S. are getting                                                               
more  convictions per  cases reported,  perhaps they're  pleading                                                               
down fewer  charges. "They get  higher convictions, but  they let                                                               
people out of jail more quickly."  He said he's surprised that in                                                               
Alaska every 100 cases of reported  rape results in just 7 felony                                                               
convictions. He  assumes that  a lot  are pled  down to  a lesser                                                               
charge.                                                                                                                         
                                                                                                                                
MR.  COHN  said that's  correct.  The  AJC report  contains  very                                                               
specific data on case disposition, he added.                                                                                    
                                                                                                                                
CHAIR  FRENCH  said  the  cover  of  the  book  provides  a  good                                                               
illustration of why  there are so many more  reported crimes than                                                               
there are  convicted individuals. The  bottom of the  chart shows                                                               
that Alaska is in line  with the national average for burglaries.                                                               
For every  100 reported  burglaries, there  are 3  convictions in                                                               
Alaska  and 4  convictions  nationwide. "It's  a  tough crime  to                                                               
catch, to prosecute, and to wind up with a felony conviction."                                                                  
                                                                                                                                
MR. COHN  observed that  the other  end of  the spectrum  is drug                                                               
offenses.  It's much  easier  to catch  people  on drug  offenses                                                               
because the police often can  observe some bad conduct as opposed                                                               
to a burglary that's difficult to track.                                                                                        
                                                                                                                                
9:22:03 AM                                                                                                                    
SENATOR   THERRIAULT   opined   that  legislative   finance   and                                                               
legislative research  might be able to  do the work that  Mr. Aos                                                               
is  doing. "If  that's  what  we want  to  have  done, we've  got                                                               
divisions that could do that," he said.                                                                                         
                                                                                                                                
^STEVE McCOMB, Director, Division of Juvenile Justice                                                                           
9:23:23 AM                                                                                                                    
STEVE  McCOMB,  Director,  Division of  Juvenile  Justice  (DJJ),                                                               
Department  of  Health &  Social  Services,  said that  while  he                                                               
listened to  Mr. Aos yesterday  he was  reminded of a  quote that                                                               
says, "Allowing  one youth  to leave  high school  for a  life of                                                               
crime  and drug  abuse  costs society  about $1.7-$2.3  million."                                                               
Clearly prevention  for youths  is a  cost effective  measure, he                                                               
said.                                                                                                                           
                                                                                                                                
MR. McCOMB  stated that DJJ  has the  opportunity to be  the best                                                               
juvenile justice  system in the nation,  but it has to  bring the                                                               
32 percent recidivism rate down to the 20 percent level.                                                                        
                                                                                                                                
CHAIR FRENCH asked what the  timeline is for measuring recidivism                                                               
for juveniles.                                                                                                                  
                                                                                                                                
MR.  McCOMB replied  the standard  measure  is within  a year  of                                                               
release.                                                                                                                        
                                                                                                                                
SENATOR HUGGINS  referred to the  chart titled  "Recidivism Rates                                                               
on Institutionalized Youth at MYC  FY01-FY05" and asked why there                                                               
was a peak in FY02.                                                                                                             
                                                                                                                                
^BARB HENJUM, Superintendent, McLaughlin Youth Center                                                                           
9:27:20 AM                                                                                                                    
BARB  HENJUM,  Superintendent,  McLaughlin  Youth  Center  (MYC),                                                               
Department of Health  & Social Services, explained that  a lot of                                                               
new  programs  were instituted  in  FY03  and FY04.  Before  that                                                               
recidivism rates ranged  from 40 percent to 60  percent. About 80                                                               
kids  are  released from  long-term  programs  each year  so  the                                                               
numbers make more sense over time.                                                                                              
                                                                                                                                
MR.  McCOMB  said another  measure  of  excellence looks  at  the                                                               
number  of publishings  and how  many times  other states  ask to                                                               
borrow  procedures.  This morning  he  learned  that the  federal                                                               
Office of  Juvenile Justice  and Delinquency  Prevention (OJJDP),                                                               
asked to borrow the Alaska  compliance monitoring report to share                                                               
with other states.  The Legislature has been  very helpful, which                                                               
also figures into our being a  leader in the field, he said. When                                                               
MYC  was  overcrowded  about  ten   years  ago,  the  Legislature                                                               
provided  support to  build facilities  in Ketchikan,  Kenai, and                                                               
MatSu.                                                                                                                          
                                                                                                                                
MR. McCOMB relayed that 69 percent  of the youths in the facility                                                               
have some  sort of a  DMS IV mental health  diagnosis (Diagnostic                                                               
and Statistical  Manual of Mental  Disorders). In  recognition of                                                               
that the  Alaska Mental Health  Trust Authority has  provided MYC                                                               
with funding for two mental health clinicians for two years.                                                                    
                                                                                                                                
CHAIR FRENCH  said that's an  interesting disparity  because they                                                               
were told  that the  incidence of mental  health problems  in the                                                               
adult  prison  population  was around  29  percent.  "And  you're                                                               
telling  me that  in the  juvenile population  it's almost  three                                                               
times that - 69 percent."                                                                                                       
                                                                                                                                
MR. McCOMB said  he can't speak for the adult  population, but 69                                                               
percent is consistent nationwide for juveniles.                                                                                 
                                                                                                                                
CHAIR FRENCH asked if the same measures are used for evaluation.                                                                
                                                                                                                                
MR. McCOMB  said he believes  that both use the  DMS-IV diagnosis                                                               
tools.                                                                                                                          
                                                                                                                                
SENATOR  McGUIRE opined  that  29 percent  is  not accurate;  the                                                               
figure is closer to 80 percent.                                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI  pointed out  that  Mr.  Aos said  that  in                                                               
Washington about  72 percent of  the adult  correction population                                                               
had been  in the  juvenile system.  He asked  if he  sees similar                                                               
statistics in Alaska.                                                                                                           
                                                                                                                                
9:32:22 AM                                                                                                                    
MR. McCOMB said it  could be things like a kid  who was picked up                                                               
in Nenana for  shoplifting. If that kid later on  got involved in                                                               
the adult  system, then  it's possible.  Continuing, he  said the                                                               
following  are  things  that make  the  Alaska  juvenile  justice                                                               
system  as   good  if  not   better  than   other  jurisdictions:                                                               
nationally  recognized  experts;  the  Juvenile  Justice  Working                                                               
Group  in  Anchorage;  youth   courts;  Reclaiming  Futures;  the                                                               
transitional service unit; the  McLaughlin sex offender treatment                                                               
program;  and the  Bethel Youth  Facility Detention  Program. "We                                                               
have things in place to make  us one of the best juvenile justice                                                               
systems in the nation," he said.                                                                                                
                                                                                                                                
9:37:26 AM                                                                                                                    
MR. McCOMB said  the juvenile crime rate has been  flat, which is                                                               
different  than  the  adult  system. In  2004  there  were  6,237                                                               
referrals  statewide  and  in  2007 there  were  5,709.  In  2003                                                               
aggression replacement training,  performance-based standards and                                                               
a  strength-based  model were  integrated  into  the system.  The                                                               
learning curve was steep, but it's been successful.                                                                             
                                                                                                                                
MR.  McCOMB  mentioned  the  judges who  have  been  helpful  and                                                               
willing to think "outside the box."                                                                                             
                                                                                                                                
9:42:09 AM                                                                                                                    
MR.  McCOMB touched  on aggression  replacement  training in  the                                                               
Fairbanks and  Anchorage schools. The  goal is to work  with kids                                                               
who  demonstrate aggressive  and bullying  behavior to  keep them                                                               
from committing  crimes in the  future. Responding to  a question                                                               
from  Senator  Huggins,  he  said   the  program  will  start  in                                                               
September 2008 if the funding comes through.                                                                                    
                                                                                                                                
MR. McCOMB  summarized the following needs:  continuation of full                                                               
funding for staff in the  institutions, juvenile probation office                                                               
caseload  study, the  capital project  for McLaughlin,  community                                                               
resources for mental health and  substance abuse facilities to be                                                               
at  full capacity,  and additional  staff for  quality assurance.                                                               
Citing an  example of  restorative justice, he  said he  likes to                                                               
come to work because the staff  is willing to take extra time and                                                               
help the citizens of Alaska.                                                                                                    
                                                                                                                                
SENATOR  McGUIRE  said  as  a  general  practice  supporting  the                                                               
juvenile justice  system has a  very high return.  She questioned                                                               
the wisdom of  splitting personnel time between  the juvenile and                                                               
adult systems.                                                                                                                  
                                                                                                                                
^ROB WOOD, Chief Probation Officer, Division of Juvenile Justice                                                                
9:51:17 AM                                                                                                                    
MS.  HENJUM  told the  committee  that  she  and Mr.  Wood  would                                                               
deliver a PowerPoint presentation on the trends in Anchorage.                                                                   
                                                                                                                                
ROB WOOD,  Chief Probation Officer, Division  of Juvenile Justice                                                               
(DJJ), Department of  Health & Social Services,  reviewed a chart                                                               
of juvenile  referrals to  Anchorage DJJ  between FY02  and FY07.                                                               
DJJ statistics show  that Anchorage received about  40 percent of                                                               
the  delinquency  referrals  to   the  division  in  FY07;  2,200                                                               
juveniles  were arrested  and charged  with  3,532 offenses.  The                                                               
number of  offenses per  juvenile has  increased and  the overall                                                               
number of  delinquency referrals has increased  slightly over the                                                               
last several years.                                                                                                             
                                                                                                                                
MR. WOOD  referred to a  chart showing  charges by type  of crime                                                               
and noted  that crimes against persons,  crimes against property,                                                               
and drug and  alcohol offenses are up. Weapons  offenses are down                                                               
but that may mean the  charges are categorized as assaults rather                                                               
than weapons offenses.                                                                                                          
                                                                                                                                
9:54:11 AM                                                                                                                    
CHAIR  FRENCH  commented that  the  number  of drug  and  alcohol                                                               
referrals indicated is astonishingly low.                                                                                       
                                                                                                                                
MR. WOOD  explained that  often the DJJ  statistics are  based on                                                               
the most serious  offense in a packet of offenses  in a referral.                                                               
For  example, alcohol  or  marijuana  use tends  to  result in  a                                                               
misdemeanor arrest  and that  isn't necessarily  going to  be the                                                               
most serious offense.                                                                                                           
                                                                                                                                
CHAIR  FRENCH  observed  that  the   chart  doesn't  reflect  the                                                               
prevalence of drug use by Anchorage juveniles.                                                                                  
                                                                                                                                
MR.  WOOD said  it's significant  that DJJ  doesn't see  a higher                                                               
number. That  indicates that these  offenses are tied  to others,                                                               
he said. "We  believe our … involvement with drug  and alcohol in                                                               
relation to  other offenses is probably  somewhat consistent with                                                               
that 78 percent we heard from earlier presenters," he said.                                                                     
                                                                                                                                
MS.  HENJUM said  the next  chart shows  the number  of detention                                                               
admissions at  McLaughlin over the  last five years.  The opening                                                               
of the Kenai Peninsula Youth  Facility in FY03 accounts partially                                                               
for the drop from 1,237 to  978 between FY03 and FY04. Admissions                                                               
in FY05  and FY06  were level  at 906  and 903  respectively, but                                                               
FY07 shows an increase to 970.                                                                                                  
                                                                                                                                
MR. WOOD explained  that MYC is now using  a detention assessment                                                               
instrument  in its  desire to  be  more evidence  based and  data                                                               
driven.  Basically it's  a colorblind  tool to  help address  the                                                               
disproportionate minority contact. That may  have had some impact                                                               
on the numbers as well.                                                                                                         
                                                                                                                                
9:57:32 AM                                                                                                                    
CHAIR FRENCH asked  for an explanation of  the difference between                                                               
a detention admission and a program admission.                                                                                  
                                                                                                                                
MS. HENJUM  characterized MYC as  two institutions with  the same                                                               
name. As a  detention facility it serves kids who  are awaiting a                                                               
court decision.  Basically that's  anyone who  walks in  the door                                                               
and  meets  the  detention admissions  instrument  criteria.  The                                                               
length of  stay could  be as  short as  a couple  of hours  or it                                                               
could be a couple of months.  Program admissions are the kids who                                                               
are institutionalized by  court order. Those kids are  in a long-                                                               
term  treatment program.  The average  length of  stay is  over a                                                               
year. Court  orders for institutionalization usually  call for up                                                               
to two years or until age 19.                                                                                                   
                                                                                                                                
CHAIR  FRENCH asked  if  all the  youth  facilities statewide  do                                                               
program admissions.                                                                                                             
                                                                                                                                
MS. HENJUM said  no. The facilities that  have program admissions                                                               
include  Bethel,   Fairbanks,  Johnson  Center  in   Juneau,  and                                                               
McLaughlin.                                                                                                                     
                                                                                                                                
CHAIR  FRENCH  asked if  the  kids  are  held  until the  age  of                                                               
majority.                                                                                                                       
                                                                                                                                
                                                     th                                                                         
MS. HENJUM  said generally  they stay until  their 19   birthday,                                                               
but some agree to stay until age 20.                                                                                            
                                                                                                                                
MR. WOOD added  that that is by stipulation in  a serious case or                                                               
if the person has volunteered  to extend to continue treatment or                                                               
aftercare.                                                                                                                      
                                                                                                                                
MS.  HENJUM  directed  attention  to a  chart  reflecting  gender                                                               
differences  in detention  admissions over  the last  five years.                                                               
She said that the girls  who enter McLaughlin are committing more                                                               
serious   juvenile  offenses,   but  the   percentage  has   been                                                               
incredibly stable. Females represent  22-24 percent and males 76-                                                               
78 percent.                                                                                                                     
                                                                                                                                
The next chart indicates the  percentage of juveniles that have a                                                               
mental health diagnosis.  Statewide 46 percent of  the kids under                                                               
juvenile justice  jurisdiction have  a DSM IV  primary diagnosis.                                                               
As  Mr. McComb  said earlier,  69  percent of  juveniles who  are                                                               
institutionalized have a DSM IV diagnosis.                                                                                      
                                                                                                                                
10:01:19 AM                                                                                                                   
SENATOR McGUIRE asked how often schizophrenia is seen.                                                                          
                                                                                                                                
MR. WOOD  said it  is seen  but he  doesn't know  the percentage.                                                               
Over  the last  few years  the nationwide  trend is  to diagnosis                                                               
people as  bipolar. "There's some  concern that people  are being                                                               
over diagnosed."                                                                                                                
                                                                                                                                
CHAIR  FRENCH asked  Ms. Henjum  to spend  a few  minutes talking                                                               
about recidivism.                                                                                                               
                                                                                                                                
MS. HENJUM  displayed a chart  and said that recidivism  rates at                                                               
McLaughlin have been  tracked for a long time. It's  a measure of                                                               
whether they  really are  changing kids'  behavior so  they don't                                                               
continue  to offend.  She noted  that between  FY03 and  FY04 the                                                               
timeframe  for tracking  recidivism  rates was  changed from  two                                                               
years  to  one  year.  In   FY04  research  based  programs  were                                                               
implemented   including  aggression   replacement  training   and                                                               
transitional services  - the aftercare  program. "Our  measure of                                                               
success is  how well they do  when they get out."  Research shows                                                               
that job  preparedness, job  training, and  job placement  make a                                                               
big difference  in whether  or not the  kids will  be successful.                                                               
MYC has  some excellent examples  of giving kids  tangible skills                                                               
and placing them  in apprentice positions while  they're still in                                                               
the facility.  This helps to place  them in jobs once  they leave                                                               
the facility.                                                                                                                   
                                                                                                                                
10:06:07 AM                                                                                                                   
SENATOR HUGGINS  asked if  many kids who  "graduate" from  MYC go                                                               
into Job Corp.                                                                                                                  
                                                                                                                                
MS. HENJUM explained that Job  Corp has strict entry requirements                                                               
for kids who  are still involved in the  juvenile justice system.                                                               
It has  worked well  for the  few kids who  have gone  there, she                                                               
added.                                                                                                                          
                                                                                                                                
SENATOR HUGGINS asked if GED instruction is part of the program.                                                                
                                                                                                                                
MS. HENJUM explained that with  "No Child Left Behind" the school                                                               
district can't teach toward GED  preparation. They work with Nine                                                               
Star  Education  and  Employment  Services  and  GED  testing  is                                                               
offered at McLaughlin.                                                                                                          
                                                                                                                                
10:07:40 AM                                                                                                                   
SENATOR WIELECHOWSKI  recognized Nine  Star for doing  great work                                                               
on GEDs. He asked  if the drop in admissions at  MYC in FY04 when                                                               
the Kenai center opened impacted recidivism rates.                                                                              
                                                                                                                                
MS.  HENJUM replied  Kenai is  a  detention facility  so when  it                                                               
opened MYC was  no longer overcrowded in  the detention facility.                                                               
Program numbers didn't change.                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI asked if there  was more one-on-one time and                                                               
if that had an impact on recidivism.                                                                                            
                                                                                                                                
MS. HENJUM  explained that  the recidivism  numbers in  the chart                                                               
reflect the number  of kids who leave the  long-term program, not                                                               
detention. "The advantage  that the Kenai and  the MatSu facility                                                               
have  had  is that  as  kids  leave  our long-term  programs,  we                                                               
transition  them   out  through  those  other   facilities."  For                                                               
example,  if they're  from the  MatSu  Valley they'll  go to  the                                                               
MatSu  facility  for 30-60  days  before  transitioning into  the                                                               
community. That's been helpful to the kids and their families.                                                                  
                                                                                                                                
CHAIR FRENCH asked if MYC tracks  the kids it has touched to know                                                               
if they  go on to  enter the adult  system. He surmises  that the                                                               
public  believes that  troubled  youths  become troubled  adults.                                                               
"What  can  you tell  the  public  about  your analysis  of  that                                                               
question?"                                                                                                                      
                                                                                                                                
MS. HENJUM said it's a great  question, but there isn't any data.                                                               
That's  one  example  of  the  many data  gaps  between  the  two                                                               
systems.                                                                                                                        
                                                                                                                                
CHAIR FRENCH said that's one reason for this meeting.                                                                           
                                                                                                                                
MR. WOOD  told the committee  that his master's thesis  was about                                                               
that  issue. He  learned  that  in Oregon,  85  percent of  adult                                                               
offenders  had  had contact  with  the  juvenile system.  But  85                                                               
percent  of juvenile  offenders never  had an  adult record.  The                                                               
numbers  may be  different  now but  they're  probably within  10                                                               
percent.  "You're  right;  it'd  be   nice  to  have  that  exact                                                               
research," he added.                                                                                                            
                                                                                                                                
Recess from 10:10:35 AM to 10:27:31 AM                                                                                      
                                                                                                                                
CHAIR FRENCH  reconvened the meeting and  recognized Commissioner                                                               
Schmidt.                                                                                                                        
                                                                                                                                
^JOE SCHMIDT, Commissioner, Department of Corrections                                                                           
10:28:10 AM                                                                                                                   
JOE  SCHMIDT,  Commissioner,  Department  of  Corrections  (DOC),                                                               
introduced himself,  Sam Edwards who  is in charge  of population                                                               
management, Bryan  Brandenburg who has  a background as  a mental                                                               
health clinician, and  Dwayne Peeples who runs the  budget in the                                                               
medical department.                                                                                                             
                                                                                                                                
COMMISSIONER  SCHMIDT said  the  DOC  mission statement  includes                                                               
three core  functions: secure confinement;  reformative programs;                                                               
and  a process  of supervisory  integration. He  said the  system                                                               
provides a  confinement process  that accommodates  Alaska's most                                                               
dangerous criminals  and reformation opportunities  for offenders                                                               
preparing  for release.  Noting that  the Governor  recently said                                                               
that 95  percent of  Alaska prisoners go  to release  sometime in                                                               
their  life, he  said  it  illustrates where  a  larger focus  is                                                               
needed.                                                                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT  highlighted mental  illness. Of  the 38,000                                                               
people  who were  processed in  and out  of the  system statewide                                                               
last  year,  over 3,000  were  Title  47 chronic  inebriates.  43                                                               
percent of  the prisoners are  Mental Health  Trust beneficiaries                                                               
and 18  percent are chronically  mentally ill. The  mental health                                                               
staff sees about  100 new patients each month and  it had contact                                                               
with 12,000 prisoners in 2006.                                                                                                  
                                                                                                                                
COMMISSIONER  SCHMIDT referred  to  questions  about the  current                                                               
state  of criminal  activity and  how DOC  gets along  with other                                                               
agencies and said he's pleased  that law enforcement agencies use                                                               
discretion in picking people up  and sending them to jail. "We're                                                               
not building prison beds in our  expansion plan … because we have                                                               
too many  prisoners …  I would argue  that we're  building prison                                                               
beds to cause people to make a change," he said.                                                                                
                                                                                                                                
COMMISSIONER SCHMIDT  said the female population  is a noteworthy                                                               
trend. About  10 percent  of the  prisoner population  is female,                                                               
but it accounts for 20 percent  of the overall growth. The female                                                               
facility  at Highland  Mountain is  at capacity.  It will  either                                                               
have to  be moved or  split into  two facilities sometime  in the                                                               
future.  An  advantage in  having  all  the females  at  Highland                                                               
Mountain  is  that  they  have  access to  the  "Inside  and  Out                                                               
Program" that  Chief Justice Dana  Fabe oversees. It's  harder to                                                               
deliver various types  of programs when prisoners  are spread out                                                               
into multiple facilities. "We're going  to try to keep that group                                                               
as contained as we can." The  same philosophy applies to the male                                                               
population.  Whenever possible,  sex  offenders  are grouped  and                                                               
younger  offenders are  grouped. "The  better we  group them  the                                                               
better they are to manage," he said.                                                                                            
                                                                                                                                
10:35:29 AM                                                                                                                   
COMMISSIONER  SCHMIDT  noted  that the  Alaska  Judicial  Counsel                                                               
reported that  66 percent  of "our people"  have been  in custody                                                               
within 3 years. That raises the  question of what is a first-time                                                               
offender. 2007  data will  show that 22  percent are  actual true                                                               
first-time offenders, he said.                                                                                                  
                                                                                                                                
CHAIR FRENCH  asked if that  means they  had no contact  with the                                                               
juvenile system.                                                                                                                
                                                                                                                                
COMMISSIONER SCHMIDT said he doesn't know; it's worth review.                                                                   
                                                                                                                                
CHAIR FRENCH asked if he has access to juvenile system data.                                                                    
                                                                                                                                
COMMISSIONER  SCHMIDT said  the juvenile  system is  purposefully                                                               
inaccessible, but  if a separate  entity were to run  numbers for                                                               
DOC,  there might  be a  way  it could  retrieve the  data in  an                                                               
anonymous  fashion.  He  warned against  indicting  the  juvenile                                                               
system by overstating or understating the numbers.                                                                              
                                                                                                                                
10:37:14 AM                                                                                                                   
SENATOR WIELECHOWSKI  referred to  the statement that  22 percent                                                               
of  the   people  in  the  correctional   system  are  first-time                                                               
offenders  and asked  if that  means that  78 percent  are repeat                                                               
offenders.                                                                                                                      
                                                                                                                                
COMMISSIONER SCHMIDT  said yes, but  a repeat offender  might not                                                               
have been in jail for 15 or 20 years.                                                                                           
                                                                                                                                
CHAIR FRENCH said the difference  is that recidivism has a 3-year                                                               
look back.                                                                                                                      
                                                                                                                                
COMMISSIONER  SCHMIDT  agreed  and  added  that  most  recidivism                                                               
occurs within  the first  6-12 months.  He supports  the judicial                                                               
council's decision  to look back  3 years,  but it did  raise the                                                               
question about what is a first time offender.                                                                                   
                                                                                                                                
COMMISSIONER  SCHMIDT said  a recent  success  is the  correction                                                               
officer  vacancy  issue.  Through  2007  there  were  737  funded                                                               
correction  officer positions  and  736.6 of  those were  filled.                                                               
There is an overtime issue. In  particular, extra staff has to be                                                               
brought in to maintain safety in pre-trial facilities.                                                                          
                                                                                                                                
CHAIR FRENCH remarked that budget hearings are upcoming.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked how  many people are  incarcerated in                                                               
Alaska and how many are incarcerated outside the state.                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT  said today 853  prisoners are in  prison in                                                               
Arizona and 3,746 are in Alaska facilities.                                                                                     
                                                                                                                                
CHAIR FRENCH  recalled that the  average experience  for Troopers                                                               
is  7.5  years.  He  asked  if there  is  a  similar  number  for                                                               
correctional officers.                                                                                                          
                                                                                                                                
COMMISSIONER  SCHMIDT said  he doesn't  have a  statewide number,                                                               
but he could look it up.                                                                                                        
                                                                                                                                
COMMISSIONER SCHMIDT  explained that  DOC relocated  the training                                                               
academy to  the old Palmer  Hospital. Now  it's in the  middle of                                                               
four  facilities and  in a  couple of  years it'll  be within  40                                                               
miles  of   five  facilities.  Now  there's   adequate  space  to                                                               
accommodate recruitment for the new facility, he said.                                                                          
                                                                                                                                
COMMISSIONER SCHMIDT  mentioned the expansion plan.  Phase I uses                                                               
existing   capital  or   operating   funds   to  expand   current                                                               
infrastructure.  The first  part is  to fill  all in-state  beds.                                                               
"Before we send money  outside … we owe it to  Alaska to have our                                                               
state at capacity."                                                                                                             
                                                                                                                                
10:41:08 AM                                                                                                                   
SENATOR WIELECHOWSKI  asked the comparative cost  per prisoner in                                                               
Arizona and Alaska.                                                                                                             
                                                                                                                                
COMMISSIONER SCHMIDT  said the  cost per  prisoner in  Arizona is                                                               
$62  per day  and  the  cost in-state  differs  according to  the                                                               
location  of the  facility. DOC  charges  the federal  government                                                               
$121.60  per   bed  per  day,   but  that  number   has  building                                                               
depreciation  and other  costs  factored in.  It  makes sense  to                                                               
bring prisoners back from Arizona  to fill empty beds because the                                                               
incremental cost  is small  as long as  the infrastructure  is in                                                               
place.                                                                                                                          
                                                                                                                                
COMMISSIONER SCHMIDT  explained that  the Phase I  expansion plan                                                               
includes the 80-bed minimum custody/work  release facility at the                                                               
Wildwood Correctional  Center in  Kenai. The  Palmer Correctional                                                               
Center has 100 beds built  under the prisoner apprentice program.                                                               
Those are in moveable buildings  and eventually will be relocated                                                               
to Point MacKenzie. In Fairbanks  the medical area is being moved                                                               
and 37  beds are  being installed. Also  a 20  bed prisoner-built                                                               
unit will be put in at Spring  Creek. "That's a total of 237 beds                                                               
in hopefully the next 18 months or so."                                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT said  Phase II implements SB  65 to increase                                                               
beds by 1,995  by 2012. That includes a 144  bed expansion at the                                                               
Seward Spring Creek  facility; a 68 bed unit at  the Bethel Yukon                                                               
Kuskokwim Correctional  Center, which  will increase  the ability                                                               
to  accommodate the  inebriate population;  and a  new 1,530  bed                                                               
facility at  Point MacKenzie. The plan  also calls for an  80 bed                                                               
expansion  at  Fairbanks but  the  community  hasn't agreed.  The                                                               
option is open until July 2009.                                                                                                 
                                                                                                                                
CHAIR FRENCH  asked the  estimated cost  for the  Point MacKenzie                                                               
facility.                                                                                                                       
                                                                                                                                
COMMISSIONER SCHMIDT replied it's $257 million.                                                                                 
                                                                                                                                
CHAIR FRENCH asked if that's in the DOC capital budget request.                                                                 
                                                                                                                                
COMMISSIONER  SCHMIDT clarified  that it  will be  funded through                                                               
revenue bond sales in the MatSu Valley.                                                                                         
                                                                                                                                
SENATOR HUGGINS asked when ground will be broken.                                                                               
                                                                                                                                
COMMISSIONER  SCHMIDT replied  it will  be late  summer or  early                                                               
fall. The projected opening is at the end of 2012.                                                                              
                                                                                                                                
CHAIR FRENCH asked about the bonding authority.                                                                                 
                                                                                                                                
COMMISSIONER   SCHMIDT  explained   that  SB   65  provided   the                                                               
authorization and the MatSu Borough will sell the revenue bonds.                                                                
                                                                                                                                
10:46:12 AM                                                                                                                   
COMMISSIONER  SCHMIDT  said  currently there  are  121  probation                                                               
officers; 20 positions  are vacant and 7 job  offers are pending.                                                               
To address  the issue DOA  is conducting  a class study  and will                                                               
provide recommendations  in about six  months. Also, when  it was                                                               
difficult  to  fill a  probation  officer  vacancy in  Bethel,  a                                                               
criminal  justice  technician was  hired  under  a one-year  work                                                               
study. That  was a success and  she is currently enrolled  in the                                                               
probation officer academy. Two more technicians have been hired.                                                                
                                                                                                                                
SENATOR  HUGGINS asked  what the  salary range  is for  probation                                                               
officers and if most officers are educated in Alaska.                                                                           
                                                                                                                                
COMMISSIONER SCHMIDT  replied the position  is a Range 15  and he                                                               
isn't sure where the officers come from.                                                                                        
                                                                                                                                
SENATOR  HUGGINS said,  "That's important  for us.  If we  have a                                                               
demand in a vocation that we can't  meet then we ought to look at                                                               
where they're coming from and what we can do to assist that."                                                                   
                                                                                                                                
CHAIR FRENCH  said it strikes  him that the probation  officer is                                                               
the  person who  is best  able to  help prisoners  appreciate the                                                               
importance  of  controlling  their  actions so  that  they  don't                                                               
reoffend.  His expectation  is to  have highly  qualified, tough,                                                               
fair  probation officers  and Range  15 seems  fairly low.  "I'll                                                               
renew  my desire  to you  to have  that system  be as  vetted and                                                               
tough  as  we  can  possibly  do under  the  constraints  of  the                                                               
system," he said.                                                                                                               
                                                                                                                                
10:50:10 AM                                                                                                                   
SENATOR WIELECHOWSKI noted  that Mr. Aos said  that ISP treatment                                                               
had a larger impact on crime than surveillance after release.                                                                   
                                                                                                                                
COMMISSIONER SCHMIDT said reintegration  comes after a safe clean                                                               
secure facility  is up  and running.  Continuing, he  said inmate                                                               
health care  costs were  $29.3 million in  '07 and  the projected                                                               
need in '09 is $30.9 million.                                                                                                   
                                                                                                                                
COMMISSIONER  SCHMIDT said  when the  new  beds come  on line  he                                                               
would  like  the police  agencies  to  maintain status  quo  with                                                               
regard to arrests so DOC can  use the bed space to affect change.                                                               
The idea  is to get  prisoners to  think about their  release and                                                               
getting themselves into programming.                                                                                            
                                                                                                                                
COMMISSIONER  SCHMIDT said  DOC  would like  help evaluating  how                                                               
different programs are working overall.  "We don't care … if it's                                                               
program  A or  program B.  I want  the best  numbers for  it." It                                                               
would be  more credible if  an outside  entity were to  grade DOC                                                               
and report on how each program is doing, he said.                                                                               
                                                                                                                                
10:57:19 AM                                                                                                                   
SENATOR HUGGINS suggested  that DOC spend more  time working with                                                               
the juvenile  justice system  to make  sure that  juveniles don't                                                               
wind up in  the adult penal system. Go and  speak in the schools;                                                               
it's important, he said.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked what policy  makers can do  to reduce                                                               
the recidivism numbers.                                                                                                         
                                                                                                                                
COMMISSIONER  SCHMIDT   said  there's  not  a   set  answer,  but                                                               
utilizing good  time properly is  very important. It's  become an                                                               
automatic for a three year sentence  to be reduced to two, but it                                                               
doesn't  have to  be  that way.  We know  the  prisoners who  are                                                               
exhibiting   bad  behavior   and   obviously   aren't  ready   to                                                               
reintegrate. "We live with them every day."                                                                                     
                                                                                                                                
CHAIR FRENCH commented that one  of the most shocking crimes that                                                               
has been  committed in  his community recently  was by  folks who                                                               
had not served their original  sentences. If they had, they would                                                               
have  been  under DOC  care  and  not  out committing  crimes  in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
COMMISSIONER SCHMIDT  said if  there are  plenty of  prison beds,                                                               
the  prisoners  who  exhibit  behavior   that's  not  within  the                                                               
community norm should remain incarcerated.  "They can do a lot of                                                               
things  when they  want  to. When  they know  we  don't have  the                                                               
beds…they know  they don't have  to act  to a certain  level," he                                                               
said.                                                                                                                           
                                                                                                                                
11:01:29 AM                                                                                                                   
SENATOR WIELECHOWSKI asked if there  are people in the system who                                                               
shouldn't be there and if  it's necessary to rethink prosecutions                                                               
so more  bed space is  available for recidivists or  more violent                                                               
criminals.                                                                                                                      
                                                                                                                                
COMMISSIONER  SCHMIDT   said  he  doesn't  think   so.  "We  find                                                               
ourselves  aligned tightly  with the  judges. When  we're talking                                                               
about different laws  … we have the same kind  of direction. … To                                                               
be a  judge and  see the same  person four or  five times  a year                                                               
would be frustrating."                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked if laws and sentences on recidivists                                                                 
need to be tightened.                                                                                                           
                                                                                                                                
11:04:02 AM                                                                                                                   
COMMISSIONER  SCHMIDT said  no; longer  prison terms  is not  the                                                               
answer. We're satisfied  with the actions of the court  as far as                                                               
what's brought to us by the people, he said.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI cited  the 66  percent recidivism  rate and                                                               
questioned why  he doesn't think  there's anything that  needs to                                                               
change.                                                                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT explained  that DOC is reviewing  how to use                                                               
good time, furlough reintegration  programs, programs inside, and                                                               
programs  that follow  the prisoner  outside  through a  seamless                                                               
integration.  "There's a  lot that  we  can do  better, but  it's                                                               
internal, it's within our department."  The police and the courts                                                               
aren't  causing that,  they're reacting  to the  laws the  people                                                               
want.  Once there  are  effective programs  there  will still  be                                                               
recidivism but  perhaps there will  be a better  understanding of                                                               
why  people recidivate.  "Right now  I wouldn't  feel comfortable                                                               
saying something  else is broken  when we  still have the  work …                                                               
that we have to  do in front of us. When we  have our prison beds                                                               
and we're  using good time  [and] people who misbehave  are doing                                                               
more  time as  they should  be,  programs are  working and  being                                                               
tracked,  then we  might  want to  talk  about longer  sentences,                                                               
shorter  sentences. But  right now  I  think there  are too  many                                                               
variables out there and what is causing this."                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI asked what those variables are.                                                                            
                                                                                                                                
COMMISSIONER  SCHMIDT   replied  they  could  include:   lack  of                                                               
treatment, lack  of treatment ability,  lack of  supervision, not                                                               
enough prison time, or too much prison time.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI said  he's not  happy with  the 66  percent                                                               
recidivism and  he wants to know  what legislators can do  to fix                                                               
that.  "There's something  we're  not doing  system  wide that  I                                                               
think that we need to do. … I'm  just trying to get to the bottom                                                               
of that," he said.                                                                                                              
                                                                                                                                
COMMISSIONER  SCHMIDT responded  the victims  would probably  say                                                               
more prison  time is the answer.  You can't blame them,  but that                                                               
may not be the answer, he said.                                                                                                 
                                                                                                                                
11:07:14 AM                                                                                                                   
SENATOR  HUGGINS   asked  how  successful  it's   been  to  allow                                                               
prisoners  to attend  events such  as a  funeral while  under the                                                               
supervision of their mother or another responsible party.                                                                       
                                                                                                                                
COMMISSIONER  SCHMIDT   said  those  requests   are  accommodated                                                               
whenever possible.                                                                                                              
                                                                                                                                
CHAIR  FRENCH noted  that Representative  Ramras  had joined  the                                                               
committee.                                                                                                                      
^SAM EDWARDS, Deputy Commissioner, Department of Corrections                                                                    
11:09:23 AM                                                                                                                   
SAM  EDWARDS,  Deputy  Commissioner, Department  of  Corrections,                                                               
responded to  a list of  questions. He  relayed that in  2007 the                                                               
prison population  included 3 percent Asian  Pacific Islander, 10                                                               
percent  Black, 50  percent  White, 2  percent  Hispanic, and  35                                                               
percent  Native. 1  percent indicated  they were  Native American                                                               
from the  Lower 48 and  4 percent indicated Native  American with                                                               
no  further clarification.  The  average length  of sentence  for                                                               
those entering  the system  in 2007 was  150 days.  That includes                                                               
misdemeanants and felons who are sentenced and unsentenced.                                                                     
                                                                                                                                
CHAIR  FRENCH surmised  that  the public  would  be surprised  to                                                               
learn  that   the  average  criminal   entering  the   system  is                                                               
incarcerated just 150 days.                                                                                                     
                                                                                                                                
MR.  EDWARDS said  the next  question  asked about  incarceration                                                               
rates. He has  two numbers. The DOC 2006  offender profile, based                                                               
on the  combined system, indicates  510 incarcerated  per 100,000                                                               
population.  The  PEW  Charitable   Trust  projections  for  2007                                                               
through 2011  indicate that in  2006 440 Alaskans  were sentenced                                                               
per  100,000 population.  Nationwide the  PEW incarceration  rate                                                               
for  2006 was  447 per  100,000 population  so Alaska  is in  the                                                               
middle.                                                                                                                         
                                                                                                                                
11:13:12 AM                                                                                                                   
CHAIR FRENCH  observed that  according to  PEW the  data suggests                                                               
that Alaska is essentially at the national average.                                                                             
                                                                                                                                
MR.  EDWARDS agreed;  29 states  had  higher incarceration  rates                                                               
than Alaska and  20 were lower. However, the  PEW projection also                                                               
showed  Alaska rates  increasing  34 percent  in that  timeframe.                                                               
It's  one of  just  a handful  of states  that's  showing such  a                                                               
significant  increase.  Obviously  that   would  bump  us  higher                                                               
nationally if that were to occur, he said.                                                                                      
                                                                                                                                
CHAIR FRENCH said it's always  dangerous to generalize from a few                                                               
data  points but  as  Senator Wielechowski  said,  if Alaska  has                                                               
higher than average national crime  rates and is incarcerating at                                                               
the  national average,  that  suggests that  Alaska  needs to  be                                                               
incarcerating  longer.   Indications  are  that  Alaska   has  an                                                               
underserved criminal population  that needs to be  moved from the                                                               
outside to the  inside. "Maybe I'm missing  something, but that's                                                               
… what pops into my mind as you give me those numbers," he said.                                                                
                                                                                                                                
MR.  EDWARDS responded  that's part  of the  answer but  he would                                                               
hope  that that  isn't the  only  answer. Looking  at why  people                                                               
return is part of it as well.                                                                                                   
                                                                                                                                
MR. EDWARDS referred  to the question about  recidivism rates for                                                               
prisoners housed  in Arizona  versus those  housed in  Alaska and                                                               
acknowledged  that there  isn't any  data on  that. "We  possibly                                                               
could if we just did a name  search of every person that had been                                                               
through  Arizona."  Basically  it's the  same  population  that's                                                               
housed  in Alaska  but they're  all sentenced  and have  been for                                                               
more than a year before they're sent to Arizona, he added.                                                                      
                                                                                                                                
11:14:45 AM                                                                                                                   
CHAIR  FRENCH said  the purpose  of the  question is  to look  at                                                               
whether it's  more advantageous for  someone to be  sentenced and                                                               
incarcerated  closer  to  their  family and  where  they  have  a                                                               
relationship to their  community. "It sounds like  we don't quite                                                               
have the  numbers on whether  people held in Arizona  commit more                                                               
crimes  when they  get out  than people  held say  in Nome  or in                                                               
Anchorage or in Seward," he said.                                                                                               
                                                                                                                                
COMMISSIONER  SCHMIDT  said  the   next  recidivism  study  might                                                               
provide that information, but he isn't sure when that will be.                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI said he'd be  very interested in seeing that                                                               
data because a number of  his constituents have made the argument                                                               
that it's  better to house  prisoners in the  state. "Intuitively                                                               
it sounds correct, but  I'd like to see the data  on it. It would                                                               
be valuable," he said.                                                                                                          
                                                                                                                                
11:15:54 AM                                                                                                                   
MR.  EDWARDS said  the  next question  asked  what percentage  of                                                               
prisoners  have diagnosed  mental  health issues.  He noted  that                                                               
that has been  addressed several times. The  DOC numbers indicate                                                               
that  43 percent  of the  prison  population have  issues and  18                                                               
percent are chronic.                                                                                                            
                                                                                                                                
Referring  to the  question about  the percentage  of the  prison                                                               
population  that  have  a GED  Certificate  [general  educational                                                               
development certificate],  he said  DOC doesn't track  that. They                                                               
do track the number of people who  get a GED in a given year. For                                                               
example, in 2007 185 GED  Certificates were issued. Over the last                                                               
5 years that number has been increasing by 5 to 15 a year.                                                                      
                                                                                                                                
CHAIR FRENCH  said it sounds  as though  you wouldn't be  able to                                                               
provide  an answer  to  a question  about how  many  have a  high                                                               
school diploma and how many don't.                                                                                              
                                                                                                                                
MR. EDWARDS agreed he couldn't do that today.                                                                                   
                                                                                                                                
The next  question asks  what percentage  of the  population have                                                               
substance abuse  issues. He said  the number  DOC is using  is 92                                                               
percent. That number combines both drugs and alcohol.                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked if he had a breakdown on the data.                                                                   
                                                                                                                                
MR. EDWARDS  replied not  on the  92 percent,  but the  number of                                                               
people incarcerated for  a crime related to alcohol  is about the                                                               
same as for drugs. That's about 7.5 percent.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI remarked that's an astonishing number.                                                                     
                                                                                                                                
11:18:03 AM                                                                                                                   
MR. EDWARDS  said the next  question asks what  alcohol treatment                                                               
is offered for incarcerated  prisoners. The Residential Substance                                                               
Abuse  Treatment (RSAT)  Program is  offered in  three locations;                                                               
one is  at Highland Mountain  Correctional Center for  Women, one                                                               
is in Arizona, and one is  at the Wildwood Correctional Center in                                                               
Kenai.  At  this  time  no other  substance  abuse  treatment  is                                                               
offered in the facilities.                                                                                                      
                                                                                                                                
CHAIR FRENCH asked how many beds the Wildwood program has.                                                                      
                                                                                                                                
COMMISSIONER SCHMIDT said 42.                                                                                                   
                                                                                                                                
CHAIR  FRENCH asked  if  he's  saying that  of  the 3,700  Alaska                                                               
inmates that are  in custody, 92 percent or  3,300 have substance                                                               
abuse problems, and there are just  42 beds to serve them here in                                                               
the state.                                                                                                                      
                                                                                                                                
MR. EDWARDS said no; that  does not include the Highland Mountain                                                               
beds. But it would still be a small number, he added.                                                                           
                                                                                                                                
CHAIR FRENCH  commented that it's  an astonishingly  small number                                                               
for an astonishingly large problem.                                                                                             
                                                                                                                                
COMMISSIONER  SCHMIDT  said  they'd  like to  keep  that  program                                                               
healthy, but they'd also like  to focus on an outpatient approach                                                               
-  "a shorter  version  where we  can run  more  people per  year                                                               
through  it." If  there were  20 beds  in a  3-month program,  it                                                               
would be  possible to run 80  to 100 people through  a year. That                                                               
would give  better bang  for the buck.  Again, a  follow-up study                                                               
will show  whether that's a  good way to go.  We want both  so we                                                               
can draw a comparison, he said.                                                                                                 
                                                                                                                                
MR. EDWARDS added that they're  hearing that they'd be better off                                                               
focusing  on an  outpatient  program inside  the facility  rather                                                               
than trying to increase the number of RSAT beds in the system.                                                                  
                                                                                                                                
CHAIR  FRENCH  asked  him to  elaborate  on  outpatient  programs                                                               
inside the facilities.                                                                                                          
                                                                                                                                
11:21:07 AM                                                                                                                   
MR.  EDWARDS explained  that  RSAT  [residential substance  abuse                                                               
treatment] is like  a treatment community. Everyone  lives in the                                                               
same house  and does everything together.  The outpatient program                                                               
is  still in  a correctional  facility but  the people  don't all                                                               
live together. They come together for treatment.                                                                                
                                                                                                                                
COMMISSIONER  SCHMIDT  added  that prisoners  would  have  better                                                               
access to programs they might need  such as GED. It's better than                                                               
having them  live in an enclosed  unit where services have  to be                                                               
brought in.                                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI, noting  that the  state cut  treatment for                                                               
alcohol  by  $1  million  last  year, asked  if  he  thinks  that                                                               
spending for substance  abuse treatment in the state  needs to be                                                               
increased.                                                                                                                      
                                                                                                                                
COMMISSIONER SCHMIDT said,  "We're going to be  asking for more."                                                               
This year  the overall  package for  mental health,  sex offender                                                               
treatment, and  substance abuse is  $3.1 million. More  is coming                                                               
next year  but only so much  can be implemented at  any one time,                                                               
he said.                                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if he  thinks  it would  be wise  to                                                               
increase spending for alcohol treatment outside of DOC.                                                                         
                                                                                                                                
COMMISSIONER  SCHMIDT replied  it  wouldn't  hurt. "Don't  forget                                                               
about mental health,"  he added. "If 43 percent of  our people do                                                               
have issues, more  community resources for them  will very likely                                                               
result in less of them coming to jail."                                                                                         
                                                                                                                                
^JOHN   CYR,   Executive   Director,  Public   Safety   Employees                                                               
Association                                                                                                                     
11:22:50 AM                                                                                                                   
CHAIR  FRENCH thanked  Commissioner Schmidt  and Mr.  Edwards for                                                               
the informative  conversation. He  said Mr. Cyr  and Mr.  Cox are                                                               
next.                                                                                                                           
                                                                                                                                
JOHN   CYR,   Executive   Director,   Public   Safety   Employees                                                               
Association  (PSEA), said  the bargaining  unit  has 700  members                                                               
statewide. He introduced  Rob Cox and said he thinks  it would be                                                               
valuable for the committee to hear  him talk about the reality of                                                               
being out in the field every  day. PSEA has a list of suggestions                                                               
to potentially change  the way the criminal  justice system works                                                               
in Alaska, he added.                                                                                                            
                                                                                                                                
CHAIR  FRENCH again  said  he'd  be happy  to  make all  prepared                                                               
remarks part of the record.                                                                                                     
                                                                                                                                
^ROB COX, Alaska State Trooper, Department of Public Safety                                                                     
11:24:41 AM                                                                                                                   
ROB COX, Alaska State Trooper,  Department of Public Safety, said                                                               
his  perspective is  from  17 years  "in  the trenches"  applying                                                               
policies  and  available resources  to  real  life incidents.  As                                                               
previously  stated,  recruitment and  retention  is  a very  real                                                               
problem. He said he would go  over some of the symptoms exhibited                                                               
and borne by field  officers as a result of a  lack of ability to                                                               
recruit  and  retain.  Nationwide   there's  a  serious  manpower                                                               
problem in law enforcement.                                                                                                     
                                                                                                                                
Currently  people  working  in  the   field  have  60  plus  open                                                               
investigations,  which is  half what  it was  18 months  ago. The                                                               
local administration  recognized that it wasn't  possible to keep                                                               
up  so they  authorized overtime  to follow-up  on investigations                                                               
and write  reports. "Some guys are  working 20 plus hours  a week                                                               
overtime just to stay on top" and it's still a problem.                                                                         
                                                                                                                                
CHAIR  FRENCH  ask for  clarification  that  line officers,  like                                                               
himself, are paid hourly so overtime is time and a half.                                                                        
                                                                                                                                
TROOPER COX said that's correct.  In Palmer, which covers an area                                                               
that's  about the  size of  West  Virginia, a  three Trooper  per                                                               
shift  minimum  staffing  policy was  implemented  recently.  The                                                               
Palmer and  Wasilla police provide  assistance, but  working with                                                               
just the minimum staff does  create officer safety issues. "We're                                                               
seldom  ever working  with  more  than the  minimums  … and  that                                                               
causes the  need for  additional overtime in  order to  just stay                                                               
current with  new cases  that are  taken on  a daily  basis." The                                                               
service to citizens suffers. Colonel  Holloway said that Troopers                                                               
are good at  the immediate response, but he  would suggest that's                                                               
a  relative  perspective.  "It's   relatively  good  compared  to                                                               
everything else we do so poorly," he said.                                                                                      
                                                                                                                                
TROOPER  COX said  that citizens  have  told him  that they  file                                                               
false reports in  the belief that Troopers only  respond to cases                                                               
where guns  or knives  are involved. When  those reports  come in                                                               
all  three on-duty  Troopers  respond. "The  guys  are tired  and                                                               
they're  suffering  as a  result  of  the  hours and  the  stress                                                               
because every  hour that  they're working  is a  stressful hour."                                                               
Their car  is their office  and it's not  secure so they  must be                                                               
ever vigilant.                                                                                                                  
                                                                                                                                
11:30:02 AM                                                                                                                   
TROOPER  COX said  that  some local  detachments  have taken  the                                                               
desperate step  of authorizing citizen report  forms (CRF). Those                                                               
were used a number of years  ago and he continues to believe that                                                               
they are a  poor policy and a bad way  of doing business. They're                                                               
used when  a citizen  reports something in  a remote  location or                                                               
when a  crime either  has no leads  or is unlikely  to lead  to a                                                               
prosecution.                                                                                                                    
                                                                                                                                
For  example if  a rock  is thrown  through a  window, even  in a                                                               
populated area,  there isn't  any evidence and  there may  not be                                                               
any  leads.  "There's nobody  really  to  go after  and  question                                                               
because  there's just  nothing there."  Citizen report  forms are                                                               
authorized  to give  to the  victim essentially  telling them  to                                                               
conduct  their own  investigation,  write their  own report,  and                                                               
submit it  to the Troopers. The  use of CRFs doesn't  improve the                                                               
image of  the Troopers and  it denigrates the seriousness  of the                                                               
complaint, the incident, and the victim.                                                                                        
                                                                                                                                
TROOPER COX explained  that due to the  recruitment and retention                                                               
issues, junior Troopers  are used to train new  recruits. It used                                                               
to be  the exception to have  a Trooper with a  year's experience                                                               
field  training a  new Trooper  and  now it's  the rule.  Ongoing                                                               
training  is  lacking  because  manpower  shortages  don't  allow                                                               
people to be  gone. We're just not getting training  in those low                                                               
frequency high  risk things such as  emergency vehicle operation,                                                               
firearms,  defensive tactics,  and  methods of  arrest, he  said.                                                               
Population   growth  is   a  recognized   challenge  and   that's                                                               
exacerbated by the geographic area that Troopers have to cover.                                                                 
                                                                                                                                
11:33:48 AM                                                                                                                   
TROOPER  COX  said  the  only  real  difference  between  writing                                                               
reports  now and  in the  1960s is  that there's  a keyboard  and                                                               
spell check so corrections are easier.                                                                                          
                                                                                                                                
CHAIR FRENCH asked  if his patrol car is equipped  with a laptop.                                                               
Six months  ago when  he did  a ride along  with APD  officers he                                                               
observed that  during the  course of a  shift the  officers spent                                                               
every spare  minute on  their laptops  trying to  stay on  top of                                                               
their reports.                                                                                                                  
                                                                                                                                
TROOPER COX explained that this  administration is headed in that                                                               
direction,  but it's  a huge  and costly  challenge to  integrate                                                               
every Trooper and agency in the state with wireless technology.                                                                 
                                                                                                                                
In  an  effort   to  smooth  the  workload  some   of  the  local                                                               
detachments  have become  creative with  the work  schedules. For                                                               
example, graveyard  shifts start anywhere  from 10:00 pm  to 2:00                                                               
am  and end  from 6:00  am to  10:00 am.  This is  disruptive and                                                               
families suffer, he said.                                                                                                       
                                                                                                                                
11:37:12 AM                                                                                                                   
CHAIR FRENCH asked  what one or two things  the Legislature might                                                               
do to help.                                                                                                                     
                                                                                                                                
TROOPER COX deferred to Mr. Cyr.                                                                                                
                                                                                                                                
MR. CYR  said there are things  that can be done.  It's a problem                                                               
that there's been  no commitment to drug  or alcohol interdiction                                                               
and there  isn't a real  port authority  in this state.  One drug                                                               
dog works at  the Fairbanks airport and it's owned  by one of the                                                               
officers. Security  for the Port  of Anchorage and  the Anchorage                                                               
airport is handled by private  security firms and there's no port                                                               
security in  Dutch Harbor  at all  despite the  fact that  it's a                                                               
major  port of  call.  Again he  said  that we  need  to look  at                                                               
establishing real port authority in the state.                                                                                  
                                                                                                                                
CHAIR  FRENCH asked  if Unalaska  has a  customs and  immigration                                                               
center.                                                                                                                         
                                                                                                                                
MR.  CYR explained  that officials  come out  of Anchorage  on an                                                               
intermittent  basis.  He  continued  to say  that  the  authority                                                               
should  be established  under the  Department  of Public  Safety.                                                               
Currently  airport  safety  is   handled  by  the  Department  of                                                               
Transportation. Our conversations indicate  that it doesn't work,                                                               
he said. "What  we have here is a sieve."  Nobody in Alaska grows                                                               
cocaine; all if  it comes from somewhere else.  He suggested that                                                               
putting  drug dogs  in  all the  international  and regional  hub                                                               
airports to  do drug and  alcohol interdiction would cause  a lot                                                               
of  the problems  articulated today  to go  away. The  other side                                                               
that needs  to happen is  to establish regional drug  and alcohol                                                               
treatment  centers.  Those should  be  community  based so  folks                                                               
could stay at home. A  large percentage of the transient problems                                                               
in Juneau,  Anchorage, and Fairbanks  are folks who came  to town                                                               
for treatment. They  end up having trouble out on  the street. We                                                               
know those guys well, he said.                                                                                                  
                                                                                                                                
There  aren't any  real community  service  facilities in  places                                                               
like Bethel and  Juneau and Ketchikan and they're  needed so that                                                               
officers aren't stuck dealing with  the same inebriates day after                                                               
day. That  should be outside  of what Rob has  to do. It's  not a                                                               
wise use of our resource, he said.                                                                                              
                                                                                                                                
MR.  CYR   suggested  looking   at  regional   low-risk  offender                                                               
facilities  like  halfway houses  and  job  training centers  for                                                               
young offenders. The  folks at juvenile justice are  doing a good                                                               
job but  there aren't enough  of them. "Take  a look at  the 2006                                                               
national report  if you want  to look at statistics  about Alaska                                                               
and where everybody  else is and what's going on  in the field of                                                               
juvenile justice."  He spent 20  years in education and  the same                                                               
kids that  had problems and  were in the juvenile  justice system                                                               
went  from  his  classroom  to  out  of  school  to  Commissioner                                                               
Schmidt's shop.                                                                                                                 
                                                                                                                                
11:42:46 AM                                                                                                                   
MR. CRY said increased law  enforcement presence across the state                                                               
is  needed.  Conservatively another  200  sets  of boots  on  the                                                               
ground   is  needed;   a  salary   and  benefit   package  that's                                                               
commensurate  with   the  responsibility  is   needed;  increased                                                               
supervision  is  needed;  mentoring  is needed;  a  deep  support                                                               
system is  needed. Troopers  have housing  issues and  it affects                                                               
their families.  There's also a  need for holding cells  in rural                                                               
Alaska  so that  when  Troopers  go out  and  arrest somebody  in                                                               
Selawick, for  example, and  the weather  goes down  there's some                                                               
place to put that prisoner.                                                                                                     
                                                                                                                                
CHAIR FRENCH  thanked Mr. Cyr  and Trooper Cox for  their service                                                               
and time in front of the committee.                                                                                             
                                                                                                                                
^DIANE  SCHENKER,  Integrated  Justice  Project  Manager,  Alaska                                                               
Court System                                                                                                                    
11:44:30 AM                                                                                                                   
DIANE SCHENKER, Integrated Justice  Project Manager, Alaska Court                                                               
System,  said part  of her  job is  to chair  MAJIC. This  multi-                                                               
agency  justice   integration  consortium  is  comprised   of  20                                                               
agencies and organizations that  signed a memorandum of agreement                                                               
to  work  together.  Their mission  is,  "Helping  agencies  more                                                               
efficiently  share  complete,  accurate,  timely  information  in                                                               
order to enhance  the performance of the  criminal justice system                                                               
as a whole."  To do that MAJIC members meet  regularly to educate                                                               
each another about  specific projects or needs  that aren't being                                                               
addressed. Sometimes  information sharing problems  are addressed                                                               
on  the spot  and  sometimes  they get  status  reports and  work                                                               
together as  a group to look  at the areas where  their interests                                                               
intersect.                                                                                                                      
                                                                                                                                
CHAIR FRENCH  commented that he  attended two meetings  and found                                                               
it  refreshing to  see  15 agencies  meeting  informally to  work                                                               
through  problems.  He  was  struck with  how  complex  deep  and                                                               
intractable some  of the communication  issues are.  For example,                                                               
getting one  computer system  talk to  another sounds  simple but                                                               
that's  not the  case  at all.  "I commend  you  for what  you're                                                               
doing," he said.                                                                                                                
                                                                                                                                
11:47:02 AM                                                                                                                   
MS. SCHENKER  explained that membership  in MAJIC is open  to any                                                               
agency or  organization that does  exchange or needs  to exchange                                                               
information with  the criminal justice  system. You  see agencies                                                               
such  as  the Department  of  Transportation,  the Department  of                                                               
Revenue  and  the Division  of  Elections  that aren't  typically                                                               
thought  of  as  criminal  justice.  The  Division  of  Elections                                                               
contacted  MAJIC because  it is  charged  with determining  voter                                                               
eligibility  based on  whether  someone has  a  conviction for  a                                                               
crime  of   moral  turpitude.  They   asked  if  that   piece  of                                                               
information about  various laws  was in MAJIC's  shared statewide                                                               
uniform  offense table.  The Department  of Transportation  works                                                               
with grant  funds to help improve  any kind of traffic  record so                                                               
there's  interface  between  their records  and  law  enforcement                                                               
agencies that write traffic citations.  The Department of Revenue                                                               
looks at eligibility  to receive a permanent  fund dividend (PFD)                                                               
based  on  certain  criminal convictions  combined  with  certain                                                               
patterns of incarceration.  That set of data  comes from multiple                                                               
sources  in the  criminal justice  system. "We  never run  out of                                                               
issues to discuss at our meetings," she said.                                                                                   
                                                                                                                                
MS. SCHENKER said that MAJIC  maintains a database about criminal                                                               
justice exchanges.  This includes who exchanges  what information                                                               
at what point,  what triggers the exchange, what  laws govern it,                                                               
the  volume  of  the  exchange, and  under  what  conditions  the                                                               
exchange  is  made.  MAJIC  received a  free  software  tool  and                                                               
training  to create  that  database when  the  group formed.  One                                                               
useful aspect of that is it  can produce reports. For example, if                                                               
you're  thinking  about  changing   an  exchange  from  paper  to                                                               
electronic you  can go into the  database and see how  many times                                                               
the paper  form is  used, how many  different agencies  touch it,                                                               
how many  different events will  be affected. It helps  to ensure                                                               
that something  isn't accidentally eliminated when  you're trying                                                               
to improve something else, she said.                                                                                            
                                                                                                                                
MS.  SCHENKER said  that MAJIC's  main  focus is  to develop  and                                                               
promote the  use of standards. The  idea is to capture  data just                                                               
once at the  source and exchange it electronically.  It's a waste                                                               
of time for multiple criminal  justice employees to type the same                                                               
information into different systems.  When information is moved on                                                               
paper it slows  the process and increases the risk  of data entry                                                               
errors.  MAJIC tries  to endorse  and adopt  standards that  have                                                               
been  vetted in  other jurisdictions  and are  likely to  improve                                                               
efficiencies.                                                                                                                   
                                                                                                                                
11:50:02 AM                                                                                                                   
CHAIR  FRENCH  asked  who  is  leading  the  way,  nationally  or                                                               
internationally, on data integration.                                                                                           
                                                                                                                                
MS.  SCHENKER   said  that  the  National   Law  Enforcement  and                                                               
Corrections   Technology  Center   (NLECTC)  is   able  to   pull                                                               
information from across the country and  has been a great help in                                                               
all MAJIC's  projects particularly the ALEISS  project. The other                                                               
organization that has provided lots  of free technical assistance                                                               
is called  SEARCH. It  is a  consortium of  nearly all  50 states                                                               
that relies  on federal funding  to focus  on the issues  of data                                                               
integration.  That organization  has provided  the free  training                                                               
and  software  tool  for  maintaining   the  database  about  the                                                               
exchanges. Members in that organization  meet regularly and share                                                               
information about  project successes  and lessons  learned. MAJIC                                                               
has used  some of  what's worked in  other jurisdictions  but has                                                               
had  to  be  careful  because  things  that  a  county  or  large                                                               
metropolitan  area can  do  with lots  of  bandwidth and  network                                                               
infrastructure may  not be a solution  here. "We have to  look at                                                               
what other states  have done but apply anything  that's unique to                                                               
Alaska when we try to do it here," she said.                                                                                    
                                                                                                                                
11:52:15 AM                                                                                                                   
CHAIR FRENCH referred  to an article in the New  York Times about                                                               
roving  data centers  in New  York  City and  noted that  sharing                                                               
information  between  detective  groups could  really  focus  law                                                               
enforcement efforts  to get  on top of  crime problems.  "I can't                                                               
say enough  about how  badly we  need to  grab those  methods and                                                               
make them ours," he said.                                                                                                       
                                                                                                                                
MS.  SCHENKER said  she was  asked to  comment on  some successes                                                               
MAJIC  has  had and  some  have  been  in  the area  of  adopting                                                               
standards and  promoting wider adherence to  standards. Sometimes                                                               
there's  a  regulation  or  court rule  that  recommends  how  to                                                               
identify persons or  events or offenses to  help move information                                                               
across  agency boundaries,  but compliance  is a  problem. "We've                                                               
found that  you can require something  even by law and  not get a                                                               
high level  of compliance."  But when  people are  educated about                                                               
why they  need to  put a tracking  number on the  top of  a form,                                                               
they're much more willing to comply with the standard.                                                                          
                                                                                                                                
MS.  SCHENKER said  there are  standards for  identifying persons                                                               
that  rely on  multiple identifiers  rather than  a very  tightly                                                               
defined  identification number  that  people have  agreed to  use                                                               
according to  certain rules.  This brings  more integrity  to the                                                               
numbers  when  counting  people,  she  said.  There's  also  been                                                               
improvement  in the  rate of  fingerprinting in  Alaska over  the                                                               
last  10 years.  Habitual offenders  often weren't  fingerprinted                                                               
because  everyone  knew who  they  were,  she said.  What  people                                                               
throughout the  system didn't  realize is  that if  a fingerprint                                                               
isn't attached  to each  criminal charge,  it's never  indexed at                                                               
the  FBI.  Someone could  be  arrested  and  convicted of  a  sex                                                               
offense in Alaska,  serve 8 years and then go  to Texas and apply                                                               
for a teaching position. When  that person's fingerprints are run                                                               
through the  FBI database  there wouldn't  be a  criminal history                                                               
record.  Without  fingerprints  that  person is  likely  to  slip                                                               
through the  cracks. "So  we've done  education projects  and the                                                               
rate has gone  up from 50 percent to 70  percent." There are also                                                               
standards for referencing offenses  and tracking charges to avoid                                                               
losing  charges  that should  be  on  someone's criminal  history                                                               
record, she said.                                                                                                               
                                                                                                                                
11:55:39 AM                                                                                                                   
MS.  SCHENKER responded  to the  question about  specific project                                                               
successes. She  said ALEISS  (Alaska Law  Enforcement Information                                                               
Sharing  System) is  a  very successful  project  that NLECTC  is                                                               
responsible  for.  It's  grown steadily  and  the  agencies  that                                                               
participate are  very satisfied.  She referred to  information in                                                               
the  packet that  describes  how member  agencies  have used  the                                                               
system  to  solve  crimes  that might  otherwise  not  have  been                                                               
solved. The system relies on  annual federal grant funding. Every                                                               
time a  new police agency  joins and  wants to add  their records                                                               
management system data to the  pool there's an associated cost to                                                               
migrate the data to the uniform format.                                                                                         
                                                                                                                                
CHAIR FRENCH  asked if  there's any downside  to a  police agency                                                               
joining ALIESS.                                                                                                                 
                                                                                                                                
MS.  SCHENKER replied  she's not  aware of  any downside  and the                                                               
list  of agencies  that  have joined  is  growing rapidly.  "It's                                                               
almost easier  to say who  isn't in there  yet than who  is." The                                                               
grant funds  are limited each year  but they pay for  as many new                                                               
members as possible.                                                                                                            
                                                                                                                                
Another  successful   project  that's   been  mentioned   is  the                                                               
electronic  filing of  citations from  APD to  the court  system.                                                               
That change  eliminated multiple data entry  and paper processing                                                               
for about  2,400 tickets a  month. That  will be expanded  to all                                                               
law  enforcement  agencies  through another  electronic  citation                                                               
project  that  DOT is  funding  with  federal grants.  The  court                                                               
adopted a  rule to  allow police officers  to sign  those tickets                                                               
electronically   so  Alaska   is   ahead  of   other  states   or                                                               
jurisdictions that create electronic  citations but still require                                                               
ink signatures on paper that has to be filed.                                                                                   
                                                                                                                                
11:58:31 AM                                                                                                                   
MS. SCHENKER said  the other project that's  been mentioned makes                                                               
bail  conditions  available  to  law  enforcement  officers.  The                                                               
Municipality of  Anchorage got a  grant to enter  bail conditions                                                               
in  the   electronic  database  for  Anchorage   cases  involving                                                               
domestic  violence. Three  fulltime positions  were allocated  to                                                               
capture and  enter that information  so that it's  accessible for                                                               
sharing. We've requested  funding in the state  capital budget to                                                               
study   the  alternatives   for  entering   bail  conditions   as                                                               
efficiently  as  possible, she  said.  "Everybody  in the  entire                                                               
criminal justice  system I  think agrees that  that's one  of the                                                               
biggest gaps in  information … that prevents  officers from being                                                               
able to enforce those bail conditions."                                                                                         
                                                                                                                                
The transfer  of fines and  other costs due for  collections also                                                               
have  been automated  thereby  eliminating  wasteful retyping  of                                                               
data. As Mr. Wooliver mentioned,  the project to expand CourtView                                                               
statewide  is  a huge  timesaver  for  agencies that  need  court                                                               
records.  "Now  instead  of  having  to  go  over  to  the  court                                                               
physically or phone or have  something faxed, they just go online                                                               
and get the information that they need."                                                                                        
                                                                                                                                
CHAIR FRENCH remarked that it's a big success.                                                                                  
                                                                                                                                
MS. SCHENKER responded to the  question about challenges MAJIC is                                                               
facing. She  said one project they  hope to finish by  the end of                                                               
the  year   is  the  enhanced  system-wide   statewide  table  of                                                               
offenses. That  is a table  of all  the crimes listed  in statute                                                               
and regulation  as well  as all  the local  ordinances throughout                                                               
the state.  If the various crimes  aren't listed in a  table it's                                                               
difficult  to get  good statistics  on  occurrence rates  because                                                               
descriptions of the  same crime vary. It's also  an efficient way                                                               
to capture data. If there is  a good identifier for a statute, it                                                               
isn't necessary to  pass every bit of information  about that law                                                               
every time  the record moves  through the system.  The identifier                                                               
is linked  to a table  that tells if  it's a felony  or something                                                               
that makes  a person ineligible to  vote because it's a  crime of                                                               
moral turpitude  or something that  triggers DNA  registration or                                                               
something  that triggers  sex offender  registration. Instead  of                                                               
rewriting  every bit  of  the  information at  each  step as  the                                                               
offense moves through the system, it's captured just once.                                                                      
                                                                                                                                
MS.  SCHENKER  said automating  the  way  court dispositions  are                                                               
reported to the state central  repository is close. Currently the                                                               
Department  of Public  Safety has  over 100,000  criminal charges                                                               
that  are  more than  two  years  old  and have  no  disposition.                                                               
Improving the  way charges are  tracked and identifiers  are used                                                               
will reduce backtracking that all agencies currently have to do.                                                                
                                                                                                                                
12:02:48 PM                                                                                                                   
MS.  SCHENKER  said  MAJIC  is very  pleased  that  the  Criminal                                                               
Justice  Working  Group  has reconvened.  They  are  thinking  of                                                               
things to focus  on and they're helping us  prioritize, she said.                                                               
They pointed  out the  importance of  e-discovery and  the delays                                                               
that  are caused  when  it's lacking  so we  know  that that's  a                                                               
project  that needs  to be  done  sooner rather  than later,  she                                                               
said.                                                                                                                           
                                                                                                                                
MS. SCHENKER noted  that Chief Long mentioned the  role that pawn                                                               
shop  information plays  in investigations  and said  that NLECTC                                                               
has  the  resources available  for  a  web based  pawn  reporting                                                               
program. Several  municipalities have  adopted laws  that require                                                               
pawn records  to be  reported electronically,  but there  isn't a                                                               
statewide reporting requirement.                                                                                                
                                                                                                                                
MS. SCHENKER referred  to the question about  how the Legislature                                                               
can assist  and said it'd be  helpful to work with  a legislative                                                               
liaison on the offense table  project. The liaison could keep the                                                               
Legislature informed  and notify  MAJIC in  a timely  manner when                                                               
statutes  change. Earlier  this year  MAJIC members  reviewed the                                                               
projects they  had worked  on and  the laws  that didn't  seem to                                                               
serve electronic  information sharing.  They prepared a  list and                                                               
asked  the Department  of  Law  to review  the  list and  provide                                                               
feedback about how to make changes.                                                                                             
                                                                                                                                
CHAIR FRENCH asked Ms. Schenker to return after the noon recess.                                                                
                                                                                                                                
Recess from 12:05:40 PM to 1:38:25 PM.                                                                                      
                                                                                                                              
CHAIR FRENCH  reconvened the  meeting and  asked Ms.  Schenker to                                                               
continue.                                                                                                                       
                                                                                                                              
MS. SCHENKER  continued to explain  that Audie Holloway  from the                                                               
Department of  Public Safety worked  with MAJIC to  identify laws                                                               
that might  be improved to better  support electronic information                                                               
sharing. MAJIC  prepared a list  and asked the Department  of Law                                                               
to   provide  suggestions   on  whether   legislation  might   be                                                               
appropriate.  One   example  that   was  identified   relates  to                                                               
CourtView,  which allows  people to  pay minor  offence citations                                                               
electronically. The problem is that  the defendant has a deadline                                                               
for paying  the ticket,  but the agency  doesn't have  a deadline                                                               
for entering  the ticket  into the system.  "You can't  find your                                                               
ticket online  because it hasn't  been filed with us,"  she said.                                                               
So the defendant ends up writing  a check and mailing it in. That                                                               
minor sort of problem could easily be addressed, she said.                                                                      
                                                                                                                                
Referring   to  the   previously  mentioned   electronic  traffic                                                               
citation  project that  DOT spearheaded,  she explained  that the                                                               
Division  of Motor  Vehicles (DMV)  puts a  bar code  on driver's                                                               
licenses  and vehicle  registrations.  Now  when officers  create                                                               
electronic traffic tickets  they simply scan the  barcode and all                                                               
the  identifying information  automatically goes  on the  traffic                                                               
ticket. That's an  example of the benefit in  capturing data once                                                               
electronically.  "The officers  love  it because  they can  write                                                               
those tickets much  much faster and they don't  introduce as many                                                               
errors by mistyping numbers."                                                                                                   
                                                                                                                                
1:41:43 PM                                                                                                                    
MS. SCHENKER  said another  tool that NLECTC  is offering  is the                                                               
free web-based  open source records  management system.  It's for                                                               
police agencies that are so small  that they don't have a records                                                               
management system of their own.                                                                                                 
                                                                                                                                
CHAIR FRENCH  observed that  this would be  an opportunity  for a                                                               
community that might have only a VPSO.                                                                                          
                                                                                                                                
MS.  SCHENKER said  it would  also  benefit a  very small  police                                                               
agency. The Alaska Railroad Police is  a pilot; it doesn't have a                                                               
lot  of records  but it  still  needs to  manage them  and do  so                                                               
efficiently.                                                                                                                    
                                                                                                                                
The final  question asked about  how MAJIC gets along  with other                                                               
agencies.  MAJIC has  a very  good strong  model, she  said. When                                                               
experts  come up  to give  training and  when the  group goes  to                                                               
other states  for seminars, the  experts in the field  are always                                                               
impressed at  how often MAJIC  members meet and how  well members                                                               
communicate. "They're always surprised  at how tightly integrated                                                               
we are with each other and how much communication we have."                                                                     
                                                                                                                                
CHAIR FRENCH  thanked Ms. Schenker  and Ms. Andrews, who  is with                                                               
ALEISS, for their work.                                                                                                         
                                                                                                                                
^DIANE INGLE,  Director, Municipality of Anchorage  Department of                                                               
Health and Human Services                                                                                                       
1:43:24 PM                                                                                                                    
CHAIR FRENCH said  Diane Ingle would talk  about the relationship                                                               
between substance abuse and crime.                                                                                              
                                                                                                                                
DIANE INGLE,  Director, Municipality  of Anchorage  Department of                                                               
Health and  Human Services, said  people don't often  think about                                                               
violent crime  and public  health together but  there is  a large                                                               
nexus.  Former  Surgeon  General   Dr.  Koop  made  a  compelling                                                               
statement about that. He said:                                                                                                  
                                                                                                                                
     Identifying  violence as  a public  health  issue is  a                                                                    
     relatively new  idea. Traditionally when  confronted by                                                                    
     the circumstance  of violence, we have  deferred to the                                                                    
     criminal  justice  system.  Over   the  years  we  have                                                                    
     tacitly,   and  I   believe  mistakenly,   agreed  that                                                                    
     violence was the exclusive province  of the police, the                                                                    
     courts, and the  penal system. To be  sure those agents                                                                    
     of public  safety and justice  have served us  well but                                                                    
     when we ask them to  concentrate more on the prevention                                                                    
     of  violence and  to  provide  additional services  for                                                                    
     victims  we may  begin to  burden the  criminal justice                                                                    
     system beyond reason. At that  point the professions of                                                                    
     medicine,  nursing   and  the  health   related  social                                                                    
     services must  come forward  and recognize  violence as                                                                    
     their issue and one  that profoundly affects the public                                                                    
     health.                                                                                                                    
                                                                                                                                
MS. INGLE  said that  to explain why  she's talking  about public                                                               
health at  a crime  summit she'd first  talk about  three murders                                                               
that  occurred in  Anchorage and  MatSu Valley  on New  Years Day                                                               
2007. She warned that although  people have been charged with the                                                               
murders they have  not been adjudicated so  there's a presumption                                                               
of innocence.                                                                                                                   
                                                                                                                                
The first  defendant is  charged with  killing a  45-year-old man                                                               
who came  to the defendant's  apartment with  the mother of  a 17                                                               
year-old who  he is also  charged with sexually  assaulting. "She                                                               
was  passed out;  he had  been partying."  The defendant  has had                                                               
multiple encounters with the criminal justice system, she said.                                                                 
                                                                                                                                
The second case involves a baby.  When she was six months old her                                                               
father  was charged  with her  death. Her  mother had  previously                                                               
been  threatened with  violence by  the father  and he  had prior                                                               
alcohol-related encounters  with the criminal justice  system. At                                                               
the time of her death,  health professionals reported that one in                                                               
three toddler  and infant deaths  in the intensive care  unit was                                                               
at the hands of someone who hurt them.                                                                                          
                                                                                                                                
The third case  involves a woman who is charged  with killing her                                                               
eight-year-old daughter while she  was intoxicated. The defendant                                                               
had  a prior  conviction  for child  maltreatment  while she  was                                                               
intoxicated and  taking care  of children. She  also had  DWI and                                                               
assault convictions.                                                                                                            
                                                                                                                                
In  2007 there  were  29  homicides in  Anchorage  and the  MatSu                                                               
Valley and at least 30 percent were alcohol related.                                                                            
                                                                                                                                
1:47:50 PM                                                                                                                    
MS. INGLE  said the  public health approach  is to  study disease                                                               
and its determinates. Violent crime  is the disease we're talking                                                               
about, but what  are its determinates? In the last  two days many                                                               
people have talked about different  predictors or determinates of                                                               
violent crime  including alcohol and  drug use and being  a youth                                                               
offender.  "We  think  about  this  a lot  when  we  think  about                                                               
disease," she said.  It's not uncommon to ask what  puts a person                                                               
at  risk for  diabetes  or tuberculoses,  for  example. The  same                                                               
approach  can be  applied to  violent crime.  "What makes  you at                                                               
risk  of  being either  a  perpetrator  or  a victim  of  violent                                                               
crime?" Although  the victim should at  no time be blamed,  it is                                                               
known  that victims  and perpetrators  have high  risk activities                                                               
that  may be  predictors of  violent crime.  These are  things on                                                               
which we may want to intervene, she said.                                                                                       
                                                                                                                                
MS.  INGLE  said  she manages  her  department's  sexual  assault                                                               
center  in  Anchorage. That  nursing  unit  sees many  women  who                                                               
should be  able to  wear whatever  they want  or go  to a  bar or                                                               
safely ride  home if someone offers  them a ride, but  who can't.                                                               
They're homeless. "We  see them for sexual assault;  we see women                                                               
more than  one time." These  women didn't deserve to  be sexually                                                               
assaulted, but there are risk  behaviors that are associated with                                                               
sexual  assault, domestic  violence,  child  sexual assault,  and                                                               
child abuse. We tell kids do not  take a ride with a stranger and                                                               
we tell people to participate  in Neighborhood Watch. "We have to                                                               
extend this  more to  violent crimes  where people  sometimes are                                                               
repeat  victims,  where  people  have  high-risk  lifestyles.  We                                                               
should always  enforce it on  the perpetrators. It's  never okay.                                                               
We  should  look early  and  often  and see  what  we  can do  to                                                               
intervene there as well," she said.  In her mind public health is                                                               
connected to violent crime.                                                                                                     
                                                                                                                                
MS.  INGLE  called attention  to  alcohol  and violent  crime  in                                                               
Anchorage.  Statistics   for  2006  indicate  that   alcohol  was                                                               
involved  in  28  percent  of homicides,  64  percent  of  sexual                                                               
assaults,  54  percent  of  other assaults,  and  31  percent  of                                                               
robberies.  Some  people  were  arrested for  driving  under  the                                                               
influence of a substance other  than alcohol, but most were DUIs.                                                               
Work the  Department of Health and  Human Services has done  in a                                                               
14-year  analysis of  domestic violence  in Anchorage  shows that                                                               
almost half of  the domestic violence cases  are alcohol related.                                                               
Alcohol is  a large determinant in  crime, she said. "How  can we                                                               
deal with the most high-risk folks?"                                                                                            
                                                                                                                                
1:51:07 PM                                                                                                                    
MS.  INGLE  said  Anchorage  has  problems  with  chronic  public                                                               
inebriates and rising  issues with alcohol in  the community. The                                                               
resources  aren't adequate  to  sustain services  and  this is  a                                                               
problem in  Anchorage and other communities.  Places are closing:                                                               
Salvation Army closed  all detox beds last  year, Juneau Alliance                                                               
for Mental  Health closed respite  beds, and  Fairbanks Community                                                               
Behavioral  Health is  closing residential  beds. And  $1 million                                                               
was cut  from the  state operating budget  for mental  health and                                                               
substance abuse  services. "That doesn't help  us with treatment,                                                               
intervention,   or  prevention,"   she  said.   Resources  aren't                                                               
adequate to break the cycle  of chronic alcoholism. There isn't a                                                               
quick fix. "This is a part of  public health that's in it for the                                                               
long haul."                                                                                                                     
                                                                                                                                
MS.  INGLE  reminded  the  committee   that  it  used  to  be  an                                                               
unfortunate event for  someone to kill another  person by driving                                                               
drunk and now it's a crime.  Similarly, when she was an Anchorage                                                               
high school  student smoking areas  were provided on  campus. Now                                                               
it's a crime for a high school  student to smoke. When she was an                                                               
infant coming home  from the hospital her parents put  her on the                                                               
car seat and merrily  drove her home. Now it would  be a crime to                                                               
do that with your infant.  "These are public health interventions                                                               
that  save lives,  that  change  things for  the  long haul,  but                                                               
they're not the quick fix," she said.                                                                                           
                                                                                                                                
MS.  INGLE  said  the Legislature's  approach  needs  to  address                                                               
problems for  the short  term and  the long  term. For  the short                                                               
term:  don't  put people  back  into  society without  a  reentry                                                               
program;  don't  send  people home  from  jail  without  adequate                                                               
treatment;  don't  give  short   sentences  to  people  who  have                                                               
committed violent crimes such that  they don't have adequate time                                                               
for rehabilitation.  With regard to  the long haul, she  said she                                                               
told Mayor Begich that some  things that public health does don't                                                               
get people elected.  That's why some of them take  a long time to                                                               
institute. "But  if we don't invest  now for the future  and have                                                               
faith  about things  that might  work, we'll  always be  30 years                                                               
from that solution."  Somebody needs to stand up  and say, "Let's                                                               
be 30 years from that solution now, not in 10 years."                                                                           
                                                                                                                                
1:53:36 PM                                                                                                                    
MS. INGLE  suggested the committee look  at issues of title  47 -                                                               
the issues related to helping  very high risk folks. For example,                                                               
there are about 100 public inebriates  in Anchorage who use up 42                                                               
percent of  the resources. "We  have to  look at ways  of dealing                                                               
with that," she  said. That includes putting  people into housing                                                               
to meet some of their basic needs.                                                                                              
                                                                                                                                
1:54:02 PM                                                                                                                    
CHAIR FRENCH  said he'd be  interested to  see Mr. Aos's  sort of                                                               
analysis  applied to  a six  month  in-custody alcohol  treatment                                                               
program for  chronic inebriates to  see what benefit  there might                                                               
be  from even  a  10  percent reduction.  These  people cost  the                                                               
public hundreds  of thousands  of dollars  every year  and create                                                               
real  discomfort to  the community  when they're  panhandling and                                                               
drinking in public.                                                                                                             
                                                                                                                                
MS. INGLE said  she believes that the municipality  would like to                                                               
participate in that as a potential solution.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked the  dollar amount expended  on those                                                               
100 public inebriates who use 42 percent of the resources.                                                                      
                                                                                                                                
MS. INGLE said she believes it's in the $500,000 range.                                                                         
                                                                                                                                
1:55:25 PM                                                                                                                    
MS. INGLE provided a call to action.                                                                                            
                                                                                                                                
     I think  that you should provide  adequate resources to                                                                    
     fund  strategies  that  work  to  either  eliminate  or                                                                    
     reduce the problem. Things like  that are treatment and                                                                    
     secondary prevention.  Perhaps if we found  housing for                                                                    
     people, jobs for people, reentry  programs. I think you                                                                    
     need to  choose things  that work,  that are  proven to                                                                    
     work,  but then  I also  caution you  that you  have to                                                                    
     make sure that  when we apply the  model, we're staying                                                                    
     faithful to  the model.  … We  know that  programs like                                                                    
     Weight Watchers  work in helping people  reduce weight,                                                                    
     but the model includes going  to the meeting and making                                                                    
     behavior modifications.  If I  just go to  the meeting,                                                                    
     that's probably not  going to work. So we  have a model                                                                    
     and  we  have  to  make  sure that  when  we  fund  and                                                                    
     implement, that we have some fidelity to the model.                                                                        
                                                                                                                                
     Provide  adequate  funding  for programs  and  services                                                                    
     that develop protective factors.  I can't stress enough                                                                    
     how much I believe as  the director of public health in                                                                    
     Anchorage, that raising the  general education level of                                                                    
     our  population   would  go   to  solving   and  making                                                                    
     incremental  change  in  a  lot   of  areas.  The  more                                                                    
     educated a person is, the  less likely they are to live                                                                    
     in poverty, to be homeless,  to commit crimes, to binge                                                                    
     drink,  to  smoke.  … Think  about  collateral  damage,                                                                    
     think  about  housing,  think  about  mentoring,  think                                                                    
     about  providing  adequate   childcare.  We  know  from                                                                    
     research that  kids in their  very little  stages, that                                                                    
     it matters  what we see,  what we  do. We know  that 42                                                                    
     percent  of the  domestic violence  cases in  Anchorage                                                                    
     have  child  witnessing.  We  know  that  that  impacts                                                                    
     people.  We   know  that  people  who   need  childcare                                                                    
     assistance are  probably not able  to afford  the high-                                                                    
     end quality  childcare centers that  we can  provide if                                                                    
     we're  a double-income  family or  have more  resources                                                                    
     available to  us. Yet  that's a time  in life  where we                                                                    
     really  have a  chance to  make a  difference. Work  on                                                                    
     parenting   skills.  Our   department  has   worked  on                                                                    
     developing parenting  booklets in  English and  the top                                                                    
     five   languages  spoken   in   the  Anchorage   school                                                                    
     district. Provide resources.                                                                                               
                                                                                                                                
1:57:58 PM                                                                                                                    
MS. INGLE continued:                                                                                                            
                                                                                                                                
     Work  to build  collaboration  not competition  between                                                                    
     those entities  engaged in  solving the  problem. Don't                                                                    
     fund  one system  at the  expense  of another.  Develop                                                                    
     trainings  that address  problems  from  more than  one                                                                    
     perspective.  This is  something  that's happened  with                                                                    
     the  Anchorage  domestic violence  prevention  project.                                                                    
     That's the  project where we record  conditions of bail                                                                    
     release. It's  a labor-intensive project. It's  nice to                                                                    
     spur discussion  of how we  should do it  statewide for                                                                    
     all crimes, but  it gives us a sense  of what's working                                                                    
     there.  There's  many  partners  in  that  -  Anchorage                                                                    
     Police   Department,  the   Department  of   Law,  [the                                                                    
     municipal]  Department of  Law. But  since the  program                                                                    
     started in 2006 there's  been 218 compliance checks for                                                                    
     conditions of release; 52 arrests  were made - about 25                                                                    
     percent  of  going  and  having  people  do  compliance                                                                    
     checks. It's a program that's having impact.                                                                               
                                                                                                                                
     We also  partner with a  way to provide  victim service                                                                    
     support  to  help  women  who   have  been  victims  of                                                                    
     domestic violence  get transitional housing,  get legal                                                                    
     services,  to  participate   in  the  criminal  justice                                                                    
     system,  to  help them  to  take  advantage of  violent                                                                    
     crimes compensation, to relocate.                                                                                          
                                                                                                                                
     The other thing  that I would bring up here  - and some                                                                    
     of   you   visited   the   Anchorage   sexual   assault                                                                    
     multidisciplinary  center for  child  and adult  sexual                                                                    
     assault - that's a community  collaboration as well. It                                                                    
     looks  at  bringing  the partners  together  -  various                                                                    
     disciplines. We don't all have  to agree to find better                                                                    
     solutions. And  take the all-hazards approach.  So much                                                                    
     is interrelated.  Take the opportunity to  address core                                                                    
     risk and protective factors that  have a bigger payoff,                                                                    
     not just  in criminal  justice but  things that  have a                                                                    
     payoff and your  ability to have housing,  to deal with                                                                    
     substance abuse. Take the all-hazards approach.                                                                            
                                                                                                                                
MS. INGLE said that when she  thinks about how to do these things                                                               
she's reminded of a former boss  who once said that a rising tide                                                               
floats all  boats. Now she  sees the point.  It may cost  more to                                                               
help people  reenter society after  they've been in  the criminal                                                               
justice system  and it may  cost more to raise  education levels,                                                               
but the benefit may be better.                                                                                                  
                                                                                                                                
2:00:52 PM                                                                                                                    
SENATOR ELLIS mentioned  a bill he sponsored last  year to update                                                               
the substance abuse  statutes. He said that one  project that was                                                               
pulled  out for  further discussion  was money  for an  appellate                                                               
project in Anchorage and Kotzebue.  Those communities were chosen                                                               
for  a secure  treatment pilot.  He believes  that Alaska  judges                                                               
would use title  47, the involuntary commitment  statute, to send                                                               
for  treatment the  people who  are  a danger  to themselves  and                                                               
others.  "The  hardcore  of  the  hardcore  inebriates  that  you                                                               
mentioned."  It follows  a  successful model  from  the State  of                                                               
Washington for detox  and treatment in a  secure setting. There's                                                               
a  judge's review  for taking  freedom from  those people.  After                                                               
detox most of  the people are thankful for  the intervention. "We                                                               
save  a  lot of  money  on  those folks,  "  he  said. Those  100                                                               
hardcore chronic  inebriates actually  cost more than  $4 million                                                               
when  all  costs  to  the Anchorage  social  safety  network  are                                                               
counted. Most of those folks are  from other places and have come                                                               
to Anchorage as a social hub and service center.                                                                                
                                                                                                                                
SENATOR   ELLIS  said   he's   been  working   with  the   Begich                                                               
Administration, the Palin Administration  and the Legislature and                                                               
the good  news is that there  is money in the  governor's budget.                                                               
The Legislature  will have to put  some capital money in  for the                                                               
urban and rural demonstration project  in Anchorage and Kotzebue.                                                               
There's great interest  for this in the Legislature,  he said. In                                                               
fact, every person sitting at  the finance table said they'd like                                                               
to  have the  same  project in  their  community because  they're                                                               
tired of doing  the same old thing. "Look for  a new approach and                                                               
some very positive  intervention in the next  fiscal year." We'll                                                               
need your help, he said.                                                                                                        
                                                                                                                                
MS. INGLE replied, "We'll be happy to help."                                                                                    
                                                                                                                                
2:03:05 PM                                                                                                                    
SENATOR WIELECHOWSKI commented that a  new approach is needed. 92                                                               
percent of the  people who are incarcerated  have substance abuse                                                               
problems, 80  percent of  those who  are arrested  have substance                                                               
abuse issues, and  the DHSS substance abuse  funding between 2002                                                               
and 2007 has been  cut 55 percent. We need a  new approach and we                                                               
to look into an evidence-based program  to see where it's best to                                                               
allocate the money, he said.                                                                                                    
                                                                                                                                
SENATOR ELLIS  responded that  with passage of  SB 100  last year                                                               
there's  a statutory  requirement  for the  state  to invest  its                                                               
dollars  in evidenced-based  substance  abuse programs.  Although                                                               
some key  legislatures were concerned  that a 20  percent success                                                               
rate  isn't enough  for the  money  invested, that  isn't out  of                                                               
whack  with reality  in the  treatment community.  Evidence-based                                                               
programming will  give legislators  confidence that the  state is                                                               
getting the best results for the dollars invested, he said.                                                                     
                                                                                                                                
^ADRIENNE BACHMAN, District Attorney, Department of Law                                                                         
2:05:08 PM                                                                                                                    
CHAIR FRENCH said  Ms. Bachman asked to supplement  the record on                                                               
some of  the statistics that  were given earlier with  respect to                                                               
rape. He  directed attention to page  14 of the handout  from the                                                               
Alaska  Judicial Council  titled, "Alaska  Felony Process:  1999"                                                               
comparing  Alaska  convictions  to  nationwide  numbers.  So  the                                                               
public  doesn't  misunderstand   how  Alaska  district  attorneys                                                               
handle these most serious cases, she would provide some insight.                                                                
                                                                                                                                
ADRIENNE   BACHMAN,  District   Attorney,   Department  of   Law,                                                               
Anchorage, said there  are about 500 reported  sexual assaults in                                                               
Alaska  each year.  About 350  of the  reports are  in Anchorage.                                                               
Using the number from the table  on page 14, that would calculate                                                               
to about 35 convictions statewide.  Mr. Fink looked at it another                                                               
way. She suggested the committee ask  him to explain how he looks                                                               
at the  statistics. "Because I  know that  we don't have  just 35                                                               
convictions  [per year]  for this  most serious  crime throughout                                                               
the State of Alaska." If there  were just 35 there wouldn't be so                                                               
many prosecutors  dedicated to this  area. There's  one statewide                                                               
prosecutor  based  out  of  Fairbanks  and  four  prosecutors  in                                                               
Anchorage that deal  with nothing but sex  assaults, child abuse,                                                               
and child pornography cases. "I'm going  to look at the data that                                                               
Mr. Cohn  offered up and  see where that  mesh is because  I know                                                               
that that has to  be a number that concerns you  all if, in fact,                                                               
that's  a true  number." She  said she  doesn't want  to say  the                                                               
number isn't true,  based on the criteria that was  used and what                                                               
was  gathered. "But  we  aggressively  prosecute reported  sexual                                                               
assaults in  Alaska and  we've only  gotten more  aggressive." In                                                               
large part she has prosecuted these cases for 13 years.                                                                         
                                                                                                                                
CHAIR  FRENCH said  he  spent a  year in  the  same office  doing                                                               
nothing but those crimes. It was a huge focus of the office.                                                                    
                                                                                                                                
2:08:52 PM                                                                                                                    
MS. BACHMAN  added that  the caseloads are  large. "In  that unit                                                               
back in our time  the caseload was 70 or 80  cases." If this were                                                               
reflective of dispositions, those 70  or 80 cases would result in                                                               
just  1 or  2 convictions.  "I'm confident  that you  didn't have                                                               
[only] one  or two convictions  during your year and  I certainly                                                               
know that I did not."                                                                                                           
                                                                                                                                
MS. BACHMAN said that was a  perspective she wanted to clarify in                                                               
case  it  somehow reflected  adversely  on  the criminal  justice                                                               
community as a whole.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked Mr. Fink to provide his observations.                                                                        
                                                                                                                                
^JOSH FINK,  Director, Office of  Public Advocacy,  Department of                                                               
Administration                                                                                                                  
JOSH  FINK, Director,  Office of  Public Advocacy,  Department of                                                               
Administration, said his comment to  Ms. Bachman was that if that                                                               
ratio is  correct and  there are  just 7  convictions out  of 100                                                               
reports, then there would be  tens of thousands of reports. There                                                               
aren't that many.  "We have about 500 a  year." Working backwards                                                               
from the number of convictions, something seemed off.                                                                           
                                                                                                                                
CHAIR FRENCH asked Ms. Bachman and  Mr. Fink to check the numbers                                                               
and  the committee  would post  any corrected  statistics on  the                                                               
website.                                                                                                                        
                                                                                                                                
He  asked if  anyone would  like to  come forward  to correct  or                                                               
supplement the record.                                                                                                          
                                                                                                                                
^DAN HOFFMAN, Chief, Fairbanks Police Department                                                                                
2:10:34 PM                                                                                                                    
DAN HOFFMAN,  Chief, Fairbanks Police  Department, said  he would                                                               
address  two issues  briefly. First,  he applauds  and encourages                                                               
the use  of the  judicial commitment  process that  Senator Ellis                                                               
talked  about to  address the  chronic inebriate  issue. He  said                                                               
he's hopeful that  the pilot will prove to be  successful and can                                                               
then be implemented in other communities.                                                                                       
                                                                                                                                
CHAIR  FRENCH clarified  that it's  the money  for beds  that was                                                               
lacking  and continues  to  be lacking.  Senator  Ellis was  onto                                                               
something, he  said. "Where  I live in  West Anchorage  there's a                                                               
group of hardcore  inebriates that hang out at  the corners, they                                                               
panhandle,  they  hold  up  signs,  they're  a  disgrace  to  the                                                               
community,  but there's  nothing to  be done.  They have  chronic                                                               
alcoholism."                                                                                                                    
                                                                                                                                
CHIEF HOFFMAN  agreed that  needs attention.  He said  the second                                                               
issue he'd  like to address is  the need and value  of electronic                                                               
reporting  for pawn  shops and  secondhand  stores. Although  the                                                               
Legislature may  not feel  it is  in a  position to  mandate what                                                               
communities  do in  this  regard, it  could  offer incentives  to                                                               
communities  that require  electronic  reporting. When  Fairbanks                                                               
tried to institute  this in the past, there  was local resistance                                                               
from pawn  shops that didn't want  to be bothered with  that sort                                                               
of rigmarole, he said.                                                                                                          
                                                                                                                                
CHIEF HOFFMAN  said he wanted  to speak to the  chronic inebriate                                                               
issue  to  raise the  larger  issue  of  tort reform.  He's  very                                                               
concerned to see that the  community service shelter in Anchorage                                                               
is being  sued over the  death of  an inebriate. That  person was                                                               
picked up  from under a  bridge and  taken to a  sleep-off center                                                               
where he  died. The fact  that he died is  tragic, but this  is a                                                               
high-risk  population  and  concerns about  liability  keep  some                                                               
shelters from  opening. He encouraged the  Legislature to provide                                                               
as  much  blanket  liability protection  as  possible  for  these                                                               
shelters and the  people working in them. If  somebody is willing                                                               
to  take  a  chronic  inebriate  off the  street  and  out  of  a                                                               
dangerous  environment, they  should not  be held  responsible if                                                               
that person ends up dying.                                                                                                      
                                                                                                                                
2:13:48 PM                                                                                                                    
SENATOR ELLIS asked if Fairbanks  has problems with illegal trade                                                               
in prescription drugs.                                                                                                          
                                                                                                                                
CHIEF HOFFMAN  replied it's  a significant  issue. More  and more                                                               
often the  cases of misconduct  involving a  controlled substance                                                               
involve prescription drugs.                                                                                                     
                                                                                                                                
SENATOR ELLIS mentioned that  he co-sponsored legislation related                                                               
to  tracking prescription  drugs and  that there  will likely  be                                                               
discussion of that this year.                                                                                                   
                                                                                                                                
^ROB HEUN, Chief, Anchorage Police Department                                                                                   
2:14:43 PM                                                                                                                    
ROB  HEUN, Chief,  Anchorage Police  Department, said  the summit                                                               
has  been   encouraging.  He  understands  that   Justice  Fabe's                                                               
committee is looking at the  criminal justice system and he would                                                               
like assurance that  local voices will be heard  because they are                                                               
integral players  in that system.  Listening to the  testimony of                                                               
others  in  the  criminal  justice   system,  he's  heard  common                                                               
threads. He looks  forward to seeing those posted  on the website                                                               
and that they  continue to be distilled and  worked through. It's                                                               
enlightening  to hear  the  commonalities that  the  system as  a                                                               
whole faces. He looks forward to  the next step although he isn't                                                               
sure where it comes from.  He isn't sure there's enough oversight                                                               
of the system  from an entity that's empowered  to prioritize and                                                               
balance  the system.  "Don't forget  there are  locals who  don't                                                               
necessarily fall  under the  state umbrella  who are  an integral                                                               
part of  that system. But  we want to play,  we want to  fix this                                                               
thing," he said.                                                                                                                
                                                                                                                                
CHAIR FRENCH commented  that a theme they've heard  is that there                                                               
isn't  really a  system;  it's a  series  of disparate  entities.                                                               
Sometimes they work well together  and sometimes they could stand                                                               
better  integration. How  to  coordinate those  has  been on  his                                                               
mind.  There's  need  for an  overarching  apolitical  entity  to                                                               
coordinate criminal justice matters, he said.                                                                                   
                                                                                                                                
2:17:41 PM                                                                                                                    
CHIEF HEUN said he likes to  hear the term apolitical. Looking at                                                               
the system  as a  whole and diminishing  the perspectives  of the                                                               
individual players  regarding budgets and resources  would result                                                               
in  a more  balanced and  effective criminal  justice system,  he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR  FRENCH said  he'll  follow  up on  the  idea of  community                                                               
oriented policing grants as a way to fund officers.                                                                             
                                                                                                                                
CHIEF HEUN  clarified that the  context he  used it in  wasn't to                                                               
fund officers.  It was for  localized state level grants  for the                                                               
criminal  justice system  to ensure  balanced  resourcing in  the                                                               
system.  "Without the  balance in  the  criminal justice  system,                                                               
this is  just an exercise  that's making  us all feel  like we're                                                               
making progress."                                                                                                               
                                                                                                                                
^JANET MCCABE, Chair, Partners for Progress                                                                                     
2:19:19 PM                                                                                                                    
JANET MCCABE,  Chair, Partners for  Progress, said  the nonprofit                                                               
supports therapeutic justice.  She suggested that this  is a good                                                               
time  to  investigate a  reentry  program  because the  Anchorage                                                               
federal courts have  decided to do this.  "Programs really should                                                               
be state, local, and federal  because it's a system for providing                                                               
one-stop  services and  one-stop supervision  to people  that are                                                               
leaving  prison." There  isn't any  reason  to separate  programs                                                               
between  jurisdictions because  these  people all  need jobs  and                                                               
housing.   Generally  they   need  treatment   and  a   carefully                                                               
supervised program of reentry. She  suggested asking the criminal                                                               
justice working  group to establish a  subcommittee that includes                                                               
all  the  agencies and  nonprofit  representatives  to develop  a                                                               
proposal.                                                                                                                       
                                                                                                                                
^JEFF JESSE, Chief Executive Officer,  Alaska Mental Health Trust                                                               
Authority                                                                                                                       
2:21:06 PM                                                                                                                    
JEFF JESSE,  Chief Executive Officer, Alaska  Mental Health Trust                                                               
Authority ("Trust"), said, "We're ready  to get to work." Clearly                                                               
mental  health  and  substance  abuse are  key  drivers  to  some                                                               
criminal  justice issues.  Nonetheless they  are optimistic  that                                                               
Alaska can  put together  a good and  effective program  that can                                                               
affect  the  corrections  population   and  perhaps  avoid  major                                                               
facilities and operating costs down  the road. For example, using                                                               
the same  approach as the  bring-the-kids-home program, a  lot of                                                               
issues can be  addressed. Over a three-year period  the number of                                                               
kids housed out  of state has dropped from 428  to 260. "We think                                                               
that we  can look  at these target  populations in  corrections -                                                               
people  with   chronic  mental  illness  [and]   substance  abuse                                                               
problems  -  we can  invest  in  community programs  using  those                                                               
evidence-based practices  that were  identified [and] we  can set                                                               
measurable  targets  for  reducing  recidivism  rates  for  those                                                               
target populations and  over time turn the curve on  at least our                                                               
beneficiaries  in  the criminal  justice  system."  He said  that                                                               
Trust resources  can be used  to help develop  the infrastructure                                                               
to accomplish this. "We're ready to be full partners."                                                                          
                                                                                                                                
MR.   JESSE   said   that  the   current   administration,   with                                                               
Commissioners  Schmidt, Monegan,  and Jackson,  is a  great team.                                                               
"They get it."  Commissioner Schmidt has been  very supportive of                                                               
core  infrastructure  pieces  such  as the  housing  trust.  With                                                               
interagency cooperation  in the executive and  similar support in                                                               
the  Legislature,  the success  in  Washington  is attainable  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:24:17 PM                                                                                                                    
CHAIR  FRENCH  thanked  Mr.  Jesse  for  the  can-do  spirit  and                                                               
reminded  anyone who  had  electronically  prepared testimony  to                                                               
submit it to his  office so it could be made  part of the record.                                                               
He also thanked  his staff member, Allison  Biastock, for keeping                                                               
things moving forward and making the summit happen.                                                                             
                                                                                                                                
CHAIR FRENCH said that over the last  two days he kept a tally of                                                               
things he was hearing and he put  a green sticky note next to the                                                               
ideas he wanted to implement.  Those include expanding the use of                                                               
electronic web-based information  and information-sharing methods                                                               
for  citations,  discovery,  conditions of  bail,  probation  and                                                               
parole, and  DUI forms. Getting  laptops in patrol cars  and pawn                                                               
shop reporting  is important as  Chief Hoffman  said. Recruitment                                                               
and retention are  obvious areas that need focus.  It's a problem                                                               
they heard  about from the  DAs, the  PDs, the Troopers,  and the                                                               
probation officers.  APD seems  to be the  only group  that's not                                                               
impinged, but  they are  recruiting aggressively.  It's something                                                               
to look  hard at to  determine whether the  pay for the  boots on                                                               
the ground is sufficient to get  the best and brightest out there                                                               
on the  front line. Also, statistics  need to be reviewed  to see                                                               
if  the right  data is  being  collected to  get the  information                                                               
that's  needed.  "When  I  ask  simple  questions  about  whether                                                               
juveniles wind up  in the adult system we find  out that we don't                                                               
know."   The  average   citizen   would   say  that's   important                                                               
information to know.                                                                                                            
                                                                                                                                
CHAIR FRENCH  said it sounds like  the crime lab is  a bottleneck                                                               
and it  will probably need  to be  expanded. That's where  a huge                                                               
amount of information  can be processed so the guilty  can be put                                                               
in  jail  and the  innocent  can  be  kept  out. DNA  testing  is                                                               
enormously  powerful  and it's  got  to  be available.  Effective                                                               
juvenile  intervention is  vital.  Mr.  Aos clearly  demonstrated                                                               
that pennies spent on juveniles  produces thousands of dollars in                                                               
results. Voluntary pre kindergarten,  keeping kids in school, and                                                               
having cops  in schools all  produce huge results. "I'm  eager to                                                               
keep  working  on all  those  things."  He thanked  everyone  for                                                               
attending  and  in particular  he  thanked  the criminal  justice                                                               
professionals from  across the state  who came and  helped inform                                                               
legislators to make their jobs more productive and meaningful.                                                                  
                                                                                                                                
2:28:35 PM                                                                                                                    
SENATOR THERRIAULT  asked if he  envisions the  committee helping                                                               
to  shape something  or if  he's  working to  add to  legislation                                                               
that's been  introduced or  if he's looking  at how  to integrate                                                               
with the  program the administration  is working on,  which might                                                               
not be ready until next year.                                                                                                   
                                                                                                                                
CHAIR FRENCH  replied it depends  on whether it's  an incremental                                                               
task  like pawnshop  reporting  or  something that's  overarching                                                               
like  finding  an  entity  to  take  over  the  criminal  justice                                                               
integration to provide continuity  from one administration to the                                                               
next. Something definitely has to come out of this, he said.                                                                    
                                                                                                                                
2:29:58 PM                                                                                                                    
SENATOR WIELECHOWSKI said he sees  things that clearly need to be                                                               
done right  away. Obviously  there are  good people  in a  lot of                                                               
areas doing  a good job, but  there are gaps in  the system. When                                                               
the Legislature  is deciding where  to make an  investment, there                                                               
are things  that aren't known.  He appreciates that  in substance                                                               
abuse there will finally be  evidence-based results so it will be                                                               
known if the  investments are working. He would like  to see some                                                               
organization do  a study  like was done  in Washington  to figure                                                               
out where  Alaska would  get the  best bang for  the buck  to cut                                                               
crime.  It would  be a  tremendous investment  for Alaska.  "That                                                               
would be my suggestion of where we go with this," he said.                                                                      
                                                                                                                                
2:31:55 PM                                                                                                                    
CHAIR FRENCH said  he intends to reach  out to Mr. Aos  and get a                                                               
copy of  the Washington enabling legislation  so that legislative                                                               
research, the judicial  council or some other entity  can do some                                                               
number crunching to provide guidance.                                                                                           
                                                                                                                                
SENATOR  ELLIS  said he  appreciates  bringing  in the  nexus  of                                                               
substance  abuse  with  criminality  and  social  dysfunction  in                                                               
Alaska.  It's  something that's  not  been  recognized by  enough                                                               
legislators, but  we're on the  cusp of  making a change  for the                                                               
better, he said.                                                                                                                
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 2:32:53 PM.                                                                             

Document Name Date/Time Subjects