Legislature(2013 - 2014)CAPITOL 120

01/25/2013 01:30 PM Senate JUDICIARY


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01:33:31 PM Start
01:34:58 PM Overview: Department of Public Safety
02:57:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Note Location Change --
+ Joint w/ House Judiciary TELECONFERENCED
Overview: Department of Public Safety
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        January 25, 2013                                                                                        
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator John Coghill, Chair                                                                                                    
 Senator Lesil McGuire, Vice Chair                                                                                              
 Senator Fred Dyson                                                                                                             
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Wes Keller, Chair                                                                                               
 Representative Bob Lynn, Vice Chair                                                                                            
 Representative Neal Foster                                                                                                     
 Representative Lance Pruitt                                                                                                    
 Representative Max Gruenberg                                                                                                   
 Representative Gabrielle LeDoux                                                                                                
 Representative Charisse Millett                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Bill Wielechowski                                                                                                      
 Senator Donald Olson                                                                                                           
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 All members present.                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW: DEPARTMENT OF PUBLIC SAFETY                                                                                           
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSEPH MASTERS, Commissioner                                                                                                    
Department of Public Safety (DPS)                                                                                               
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Presented  an  overview  of  Department  of                                                             
Public Safety (DPS).                                                                                                            
                                                                                                                                
COLONEL KEITH MALLARD, Director                                                                                                 
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Anchorage, AK                                                                                                                   
POSITION  STATEMENT: Presented  an  overview of  the Division  of                                                             
Alaska State Troopers.                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:31 PM                                                                                                                    
CHAIR JOHN  COGHILL called  the joint meeting  of the  Senate and                                                             
House  Judiciary  Standing  Committees  to  order  at  1:33  p.m.                                                               
Present at  the call to  order were Senators McGuire,  Dyson, and                                                               
Chair  Coghill; and  Representatives Gruenberg,  Millett, LeDoux,                                                               
Lynn, Foster and Chair Keller.                                                                                                  
                                                                                                                                
^OVERVIEW: DEPARTMENT OF PUBLIC SAFETY                                                                                          
             OVERVIEW: DEPARTMENT OF PUBLIC SAFETY                                                                          
                                                                                                                                
1:34:58 PM                                                                                                                    
CHAIR  COGHILL  stated that  the  business  before the  committee                                                               
would be an overview of the Department of Public Safety (DPS).                                                                  
                                                                                                                                
1:35:23 PM                                                                                                                    
JOSEPH MASTERS, Commissioner, Department  of Public Safety (DPS),                                                               
introduced himself and Colonel  Keith Mallard, Director, Division                                                               
of Alaska State Troopers.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  who from  DPS  would  typically                                                               
appear and testify before the legislature.                                                                                      
                                                                                                                                
COMMISSIONER MASTERS  replied that he would  introduce some bills                                                               
and  Lieutenant Rodney  Dial would  probably  testify on  certain                                                               
issues,  but  the  bulk  would  fall to  Kelly  Howell,  the  DPS                                                               
Legislative Liaison.                                                                                                            
                                                                                                                                
COMMISSIONER MASTERS  reported the  mission of the  Department of                                                               
Public Safety is,  "To ensure public safety and  enforce fish and                                                               
wildlife law."                                                                                                                  
                                                                                                                                
SENATOR DYSON remarked  that the implication with  regard to fish                                                               
and wildlife is that DPS can do  no more than enforce the law. He                                                               
asked if  the same was  true with  regard to public  safety, that                                                               
DPS can only enforce the law.                                                                                                   
                                                                                                                                
COMMISSIONER MASTERS replied that language  is in statute and DPS                                                               
meets its  mission in  a variety  of ways, only  one of  which is                                                               
through  the   enforcement  of  laws.  Other   ways  are  through                                                               
education and assisting other agencies with their missions.                                                                     
                                                                                                                                
1:37:41 PM                                                                                                                    
SENATOR  DYSON  noted  that Governor  Parnell  put  missions  and                                                               
measures information in statute  and the legislature was supposed                                                               
to review  the missions  and analyze  the appropriateness  of the                                                               
measures.  He  recommended  discussing   the  measures  with  the                                                               
departments and taking suggestions about changes.                                                                               
                                                                                                                                
CHAIR COGHILL agreed with the suggestion.                                                                                       
                                                                                                                                
COMMISSIONER  MASTERS reviewed  the  following  core services  of                                                               
DPS:                                                                                                                            
                                                                                                                                
   · Law enforcement patrol and investigations are done                                                                         
     primarily through the Division of Alaska State Troopers and                                                                
     Alaska Wildlife Troopers.                                                                                                  
   · Rural law enforcement.                                                                                                     
   · Domestic violence and sexual assault programs.                                                                             
   · Statewide public safety programs.                                                                                          
   · Resource protection.                                                                                                       
   · Highway safety.                                                                                                            
                                                                                                                                
Also contained in the statutory  mission is a requirement for DPS                                                               
to support other  law enforcement agencies. This  is done through                                                               
direct investigative  support from  the enforcement  divisions to                                                               
other  law  enforcement  agencies.   For  example,  in  2012  AST                                                               
provided  over 7,000  assists to  other law  enforcement agencies                                                               
within the  state. Three hundred  and thirteen were  more serious                                                               
offenses and  were direct investigative assistance  by the Alaska                                                               
Bureau of Investigation.                                                                                                        
                                                                                                                                
1:39:38 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG  asked  if  any thought  was  given  to                                                               
combining under DPS  the various law enforcement  entities of the                                                               
railroad, university, airports, and others.                                                                                     
                                                                                                                                
COMMISSIONER MASTERS  said he had  not seen a strong  argument to                                                               
indicate that such consolidation  would be advantageous, although                                                               
there  were  some  entities  that   have  their  law  enforcement                                                               
authority provided at  the extension of the  Department of Public                                                               
Safety. For example, commercial  vehicle enforcement officers are                                                               
under  the Department  of  Transportation  and Public  Facilities                                                               
(DOTPF). They  carry very specific  special permissions  from the                                                               
commissioner  of  public  safety  and  assist  the  Alaska  State                                                               
Troopers.                                                                                                                       
                                                                                                                                
CHAIR  COGHILL   said  it  was  a   legitimate  question  because                                                               
legislators  make policy  calls regarding  authority and  benefit                                                               
issues.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested  that there  might  be  some                                                               
cost-savings in  doing so.  He related  a personal  experience on                                                               
the Alaska Marine  Highway and wondered if that  state entity had                                                               
limited law enforcement authority.                                                                                              
                                                                                                                                
COMMISSIONER  MASTERS said  something  that needs  to  be in  the                                                               
equation is  the potential for  overextending DPS  personnel. For                                                               
example, under  DNR, the  Alaska State Park  rangers have  a very                                                               
wide  array of  duties but  just a  small portion  relate to  law                                                               
enforcement. It  may not be  cost efficient or effective  for DPS                                                               
to provide  those law enforcement  duties, but the people  in the                                                               
state parks still need to have the other functions served.                                                                      
                                                                                                                                
CHAIR COGHILL  remarked that legislators often  get pushback from                                                               
constituents on how park rangers sometimes use that authority.                                                                  
                                                                                                                                
1:44:45 PM                                                                                                                    
COMMISSIONER  MASTERS stated  that another  statutory requirement                                                               
of DPS  is to provide search  and rescue support to  agencies and                                                               
municipalities.  Last year  the department  participated in  more                                                               
than 700 search and rescues  involving over 1,000 individuals. He                                                               
noted  that  the  state  relies  on  volunteer  and  professional                                                               
organizations  statewide in  this effort.  Another area  that DPS                                                               
meets  its obligations  is  by providing  training  for most  law                                                               
enforcement agencies  within the state, including  Village Public                                                               
Safety Officers (VPSO) and Village  Police Officers (VPO). DPS is                                                               
also  responsible  for  maintaining   the  Alaska  Public  Safety                                                               
Information Network (APSIN). This  includes a number of databases                                                               
and  access  portals  to  systems  such  as  the  National  Crime                                                               
Information Center  (NCIC) that  all law enforcement  agencies in                                                               
the state  use on a  daily basis. Maintaining  evidence submitted                                                               
to  the   Scientific  Crime   Detection  Laboratory   is  another                                                               
important support service.                                                                                                      
                                                                                                                                
COMMISSIONER MASTERS reviewed the  organization of the department                                                               
starting with  the commissioner's  office. The  primary divisions                                                               
within the department are the  Division of Alaska State Troopers,                                                               
the  Division  of  Alaska  Wildlife  Troopers,  the  Division  of                                                               
Administrative Services, the Division  of Statewide Services, and                                                               
the Division of Fire and Life  Safety. Also housed within DPS are                                                               
the Council on  Domestic Violence and Sexual  Assault, the Alaska                                                               
Police Standards Council, and the Alaska Fire Standards Council.                                                                
He  explained that  each council  operates autonomously,  but DPS                                                               
assists with  the administrative  functions of finance  and human                                                               
resources.                                                                                                                      
                                                                                                                                
1:48:11 PM                                                                                                                    
REPRESENTATIVE PRUITT joined the meeting.                                                                                       
                                                                                                                                
COMMISSIONER  MASTERS   said  the  duties  of   the  Division  of                                                               
Administrative  Services are  primarily the  financial components                                                               
related  to   operating  DPS.   [These  include   finance,  human                                                               
resources,    administration,    budget,    grants    management,                                                               
procurement, supply, and facilities management.]                                                                                
                                                                                                                                
He  informed  the  committee  that   the  Division  of  Statewide                                                               
Services provides  the interface  between the  DPS and  other law                                                               
enforcement  agencies. The  Criminal  Records and  Identification                                                               
Bureau  houses  the  Alaska  Public  Safety  Information  Network                                                               
(APSIN), the  Alaska Automated Fingerprint  Identification System                                                               
(AAFIS), Uniform  Crime Reporting (UCR), Civilian  Process Server                                                               
and  Security  Guard  Licensing,   the  Sex  Offender  and  Child                                                               
Kidnapper Registry, and Concealed  Handgun Permits. This division                                                               
is  also responsible  for application  support for  mainframe and                                                               
small  computers, network  development, operation,  and security,                                                               
and Web services.                                                                                                               
                                                                                                                                
CHAIR COGHILL  asked if Uniform  Crime Reporting was part  of the                                                               
national reporting.                                                                                                             
                                                                                                                                
COMMISSIONER MASTERS said yes.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN noted  that law  enforcement in  Arizona was                                                               
using  small, portable  fingerprint  identification devices  that                                                               
tied  into  a local  database.  He  asked  if  DPS was  using  or                                                               
anticipated using a similar system.                                                                                             
                                                                                                                                
COMMISSIONER  MASTERS responded  that DPS  was always  looking at                                                               
how  new  technology  might  make  the  job  more  efficient  and                                                               
effective, particularly  with regard  to information  sharing and                                                               
record  keeping.  However,  with   the  current  focus  on  basic                                                               
infrastructure  and justice  issues,  DPS probably  would not  be                                                               
looking at that technology in the near future.                                                                                  
                                                                                                                                
He  reviewed the  offices within  the Division  of Fire  and Life                                                               
Safety.  These include  the Training  and  Education Bureau,  the                                                               
Life  Safety Inspections  Bureau,  the Plans  Review Bureau,  the                                                               
Office of Rural  Fire Protection, and the  Joint Pipeline Office.                                                               
The  two broad  areas  of  focus are  fire  safety education  and                                                               
outreach, particularly for homes,  and regulation, primarily plan                                                               
review of  commercial buildings  and residential  structures that                                                               
have more  than three housing  units. He  noted that none  of the                                                               
fire-related fatalities  in the  last several years  had occurred                                                               
in the larger commercial units.                                                                                                 
                                                                                                                                
1:52:45 PM                                                                                                                    
COMMISSIONER MASTERS reviewed the  scientific capabilities of the                                                               
Scientific  Crime Detection  Laboratory.  It provides  biological                                                               
screening as well as tests  for controlled substances, DNA/CODIS,                                                               
evidence,  firearms   and  tool  marks,  fire   debris,  forensic                                                               
toxicology, and latent prints.                                                                                                  
                                                                                                                                
SENATOR  DYSON lauded  the new,  state-of-the-art crime  lab, and                                                               
asked the  commissioner to comment  on the backlog  on processing                                                               
DNA samples and  the issue of removing records  from the database                                                               
when an individual was not charged or found not guilty.                                                                         
                                                                                                                                
COMMISSIONER   MASTERS   responded    that   the   DNA   backlog,                                                               
particularly   in  sexual   assault   cases   had  been   reduced                                                               
dramatically.  He  offered his  understanding  that  none of  the                                                               
backlog  predated  2011.  He  described  this  as  a  significant                                                               
accomplishment and opined that it spoke  well of how the move was                                                               
conducted and the new lab brought on line.                                                                                      
                                                                                                                                
SENATOR  DYSON  maintained  that  on sexual  assault  cases,  the                                                               
evidence should  be turned around  in days  or weeks at  the very                                                               
most.  He added  that having  evidence  that dated  back to  2011                                                               
seemed to be a problem.                                                                                                         
                                                                                                                                
COMMISSIONER MASTERS explained  that in most of  those cases, the                                                               
suspects are  unknown or there  is nothing to compare  the sample                                                               
to.                                                                                                                             
                                                                                                                                
SENATOR DYSON asked how quickly new samples are processed.                                                                      
                                                                                                                                
COMMISSIONER MASTERS estimated that between  80 and 85 percent of                                                               
cases submitted  to the lab  are analyzed and returned  within 30                                                               
days. He offered to follow up with the exact figures.                                                                           
                                                                                                                                
CHAIR COGHILL asked what the CODIS acronym stands for.                                                                          
                                                                                                                                
COMMISSIONER MASTERS answered that  CODIS is the federal database                                                               
where electronic DNA fingerprints  and profiles are collected and                                                               
stored. The  acronym stands for  Combined DNA Index  System. With                                                               
regard to  an earlier question,  he explained that in  Alaska DNA                                                               
information is collected on felony  arrest, not on conviction. If                                                               
an individual  is later found not  guilty, there is a  process to                                                               
remove the information from the database.                                                                                       
                                                                                                                                
1:59:21 PM                                                                                                                    
REPRESENTATIVE  PRUITT asked  if it  was a  laborious process  to                                                               
remove   DNA  information   from  CODIS.   He  opined   that  the                                                               
responsibility to clear  the information should not  be placed on                                                               
an individual who was found not guilty.                                                                                         
                                                                                                                                
COMMISSIONER  MASTERS   offered  to   follow  up   with  specific                                                               
information  about the  process, but  he did  not believe  it was                                                               
laborious.                                                                                                                      
                                                                                                                                
CHAIR  COGHILL   expressed  interest  in  getting   the  specific                                                               
information.                                                                                                                    
                                                                                                                                
2:00:47 PM                                                                                                                    
COMMISSIONER MASTERS  confirmed he would send  all information to                                                               
the respective chairs for distribution.                                                                                         
                                                                                                                                
COMMISSIONER MASTERS  deferred to Colonel Mallard  to discuss the                                                               
Trooper divisions.                                                                                                              
                                                                                                                                
2:01:20 PM                                                                                                                    
COLONEL  KEITH  MALLARD,  Director,   Division  of  Alaska  State                                                               
Troopers (AST),  Department of Public Safety  (DPS), informed the                                                               
committee that  AST is comprised of  five detachments distributed                                                               
geographically statewide.  Within the division are  the Bureau of                                                               
Investigations, the  Bureau of Judicial Services,  and the Bureau                                                               
of  Highway Patrol.  AST  also oversees  the  Statewide Drug  and                                                               
Alcohol  Enforcement  Unit and  the  VPSO  Program Office,  which                                                               
oversees  the  VPSO  grant,  the  D.A.R.E.  program,  the  School                                                               
Resource  Officer component,  the  LECC program,  and the  summer                                                               
camp programs for Western Alaska.                                                                                               
                                                                                                                                
The  Alaska Wildlife  Troopers has  four detachments,  a Wildlife                                                               
Investigations  Unit,  a  Marine   Enforcement  Section,  and  an                                                               
Aircraft Section for both wildlife troopers and state troopers.                                                                 
                                                                                                                                
CHAIR  COGHILL  asked  for confirmation  that  the  AST  Aircraft                                                               
Section handled both wildlife enforcement and search and rescue.                                                                
                                                                                                                                
COLONEL  MALLARD said  yes and  added that  the Aircraft  Section                                                               
supervises how aircraft are utilized  and ensures that the pilots                                                               
are  properly   trained  and  licensed.  The   division  has  one                                                               
helicopter  and  will soon  have  a  second,  both of  which  are                                                               
primarily used for search and rescue.                                                                                           
                                                                                                                                
CHAIR COGHILL  offered his understanding  that they were  not air                                                               
ambulances,  which  was  stretching the  division's  capacity  on                                                               
search  and rescue.  He asked  how  the new  helicopter would  be                                                               
configured.                                                                                                                     
                                                                                                                                
COMMISSIONER MASTERS explained  that it would be  the same design                                                               
as  the one  that was  currently located  in Anchorage.  It would                                                               
have a wide  cargo compartment in the back  that would facilitate                                                               
a stretcher.  He confirmed that  AST did not have  the capability                                                               
to act  as an  air ambulance  and did not  have the  personnel to                                                               
staff that sort of response.                                                                                                    
                                                                                                                                
CHAIR COGHILL  said he wanted  to highlight that because  the 911                                                               
working  group  discussion  was  that  the  expectation  is  that                                                               
distress calls  will be picked  up because of  improved cellphone                                                               
and satellite phone coverage. He noted  that AST was often if not                                                               
always  called first,  whereas it  used  to be  the military.  He                                                               
asked  if  any  other  entity or  agency  had  helicopter  rescue                                                               
capability.                                                                                                                     
                                                                                                                                
COMMISSIONER  MASTERS clarified  that the  Alaska National  Guard                                                               
currently  had  a  rescue  squadron   based  out  of  Joint  Base                                                               
Elmendorf/Richardson and  it deployed a Black  Hawk helicopter on                                                               
rescue missions.  He added that  most rescue coordination  in the                                                               
Interior comes  from a  911 phone  call, which  is routed  to the                                                               
Department of  Public Safety or Alaska  State Troopers. Depending                                                               
on the need, the rescue  coordination center would then be called                                                               
for a military assist.                                                                                                          
                                                                                                                                
CHAIR  COGHILL  relayed  that  most  fixed  wing  planes  in  the                                                               
Interior are  not suited to  land where most 911  calls originate                                                               
off the road system, and he  looked forward to the arrival of the                                                               
new helicopter.                                                                                                                 
                                                                                                                                
COMMISSIONER MASTERS  informed the  committee that  the contracts                                                               
were signed,  the civilian  pilot was  being hired,  and delivery                                                               
was anticipated in June 2013.                                                                                                   
                                                                                                                                
2:08:06 PM                                                                                                                    
COLONEL MALLARD reviewed the Uniform  Crime Report (UCR) data for                                                               
Alaska. He  said the  statewide data for  calendar year  2011 was                                                               
based on  34 reporting law  enforcement agencies. He  displayed a                                                               
map to show the locations of the contributing agencies.                                                                         
                                                                                                                                
He  reminded the  committee  that the  crime  index offenses  are                                                               
categorized as either violent crimes  or property crimes. Violent                                                               
crimes  include murder,  forcible rape,  robbery, and  aggravated                                                               
assault.  Property crimes  include  burglary, larceny-theft,  and                                                               
motor vehicle theft.                                                                                                            
                                                                                                                                
COMMISSIONER MASTERS clarified  that this was not  all the crimes                                                               
that  occurred in  Alaska; the  UCR index  was a  select list  of                                                               
crimes  the  FBI compiled  to  utilize  for managers  and  policy                                                               
makers  to  make judgments  on  what  crime  was occurring  in  a                                                               
particular area.                                                                                                                
                                                                                                                                
SENATOR DYSON  highlighted that  the UCR  data was  from reported                                                               
crimes, not  indicted or  convicted. He asked  him to  comment on                                                               
ratios and which crimes were more likely to have false reports.                                                                 
                                                                                                                                
COMMISSIONER  MASTERS confirmed  that  these  were only  reported                                                               
offenses to  law enforcement. He  said that crimes  like homicide                                                               
and  murder were  difficult not  to  report, robberies  generally                                                               
were highly reported, aggravated  assault reports depended on the                                                               
area  of the  state  and circumstances,  forcible  rapes and  sex                                                               
crimes in general were very under-reported.                                                                                     
                                                                                                                                
2:10:11 PM                                                                                                                    
COLONEL MALLARD  reviewed the Alaska Crime  Index Offense Summary                                                               
from 2001  through 2011;  these were  reported incidents  and the                                                               
trend was downward.                                                                                                             
                                                                                                                                
He reviewed the  Alaska Crime Rate Summary for  2001 through 2011                                                               
and explained that the crime  rate relates the incidence of crime                                                               
relative to population.  He pointed out that the  crime rate also                                                               
trended down.                                                                                                                   
                                                                                                                                
REPRESENTATIVE FOSTER  asked if the  trend was the same  in rural                                                               
Alaska.                                                                                                                         
                                                                                                                                
COLONEL MALLARD said he would follow  up with data broken down by                                                               
region, but these were statewide numbers.                                                                                       
                                                                                                                                
SENATOR MCGUIRE  asked if  DPS attempted  to discern  the reasons                                                               
for trends in crime statistics.                                                                                                 
                                                                                                                                
COMMISSIONER MASTERS  responded that  DPS does look  at movements                                                               
in crime  rates and  it appears  that they  are driven  by policy                                                               
changes  and  departmental  activities.  The  Governor's  "Choose                                                               
Respect" initiative,  for example, has increased  reporting rates                                                               
for sexual assault.                                                                                                             
                                                                                                                                
2:13:22 PM                                                                                                                    
SENATOR  MCGUIRE suggested  that  it would  be  helpful if  those                                                               
observations  were  shared  with the  legislature,  because  that                                                               
could be a place to allocate resources.                                                                                         
                                                                                                                                
SENATOR  DYSON commented  that, "The  improvements all  correlate                                                               
with Commissioner Masters assuming the responsibility."                                                                         
                                                                                                                                
COMMISSIONER MASTERS expressed appreciation for the comment.                                                                    
                                                                                                                                
CHAIR COGHILL  observed that  the Department  of Law  (DOL) would                                                               
provide  a different  view  of  the issue  when  it presents  the                                                               
Governor's   proposed  crime   bill  to   the  Senate   Judiciary                                                               
Committee.                                                                                                                      
                                                                                                                                
COMMISSIONER MASTERS  informed the  committees that the  next few                                                               
charts would  show that in most  areas the raw numbers  of crimes                                                               
were dropping. He also pointed  out that crime rates (per 100,000                                                               
population) were on the decline in all crime areas.                                                                             
                                                                                                                                
SENATOR DYSON  encouraged members to  look at the last  5-6 years                                                               
for the trend, not back as far as 2001.                                                                                         
                                                                                                                                
CHAIR COGHILL commented that when  the population is small, a few                                                               
major events make big difference in the trend lines.                                                                            
                                                                                                                                
2:17:00 PM                                                                                                                    
COLONEL  MALLARD  reviewed  the   Alaska  Violent  Crime  Offense                                                               
Summary for 2001 through 2011 and  pointed out that the number of                                                               
offenses  trends  upward, whereas  the  rate  summary shows  some                                                               
decline.  The  reported instances  of  violent  crime show  mixed                                                               
results: aggravated assault trends  up, robbery trends up, murder                                                               
generally  trends  down,  and  the trend  for  forcible  rape  is                                                               
stagnant.  He opined  that increased  reporting in  the last  3-4                                                               
years probably accounted for the latter.                                                                                        
                                                                                                                                
COLONEL  MALLARD  reviewed  the  Alaska  Property  Crime  offense                                                               
Summary for  2001 through 2011  and highlighted that  the numbers                                                               
of reported property crimes were declining.                                                                                     
                                                                                                                                
CHAIR COGHILL commented that the  cynical view is that the number                                                               
of  reports has  declined because  the victims  have given  up on                                                               
getting help.  "In some  areas that is  actually true  because of                                                               
your workforce," he added.                                                                                                      
                                                                                                                                
COLONEL MALLARD  responded that the  detachment commander  in the                                                               
Fairbanks area  designated a patrol unit  to investigate property                                                               
crimes  and  it   has  shown  some  success.   In  addition,  two                                                               
investigators  in  the  Mat-Su   Valley  have  been  assigned  to                                                               
property crimes.                                                                                                                
                                                                                                                                
CHAIR COGHILL observed that property  crimes cause people to feel                                                               
hugely violated and very unrepresented.                                                                                         
                                                                                                                                
2:19:32 PM                                                                                                                    
COLONEL  MALLARD  reviewed  the  2011  data,  which  showed  that                                                               
property  crimes represented  81 percent  of reports  and violent                                                               
crimes represented 19 percent. Violent  crime reports were broken                                                               
down  as follows:  murder 1  percent, forcible  rape 10  percent,                                                               
aggravated assault 76 percent, and robbery 13 percent.                                                                          
                                                                                                                                
CHAIR COGHILL  asked if violent crime  included both misdemeanors                                                               
and felonies.                                                                                                                   
                                                                                                                                
COLONEL  MALLARD  responded  that  they  were  just  felony-level                                                               
cases.                                                                                                                          
                                                                                                                                
Property crimes reports were broken  down as follows: burglary 15                                                               
percent,  larceny/theft 78  percent,  and motor  vehicle theft  7                                                               
percent.                                                                                                                        
                                                                                                                                
2:20:30 PM                                                                                                                    
COLONEL  MALLARD  informed  the  committee  that  data  for  2008                                                               
through 2011 shows a clear  upward trend of assaults on Troopers.                                                               
The reports differentiate assaults  with a firearm, knife, other,                                                               
and hands/feet.  He said hands/feet  assaults increased  the most                                                               
and this might  be due to efforts to educate  Troopers about when                                                               
it  is  appropriate to  charge  assault  when there  is  physical                                                               
contact with an  officer. He noted that the  national trends were                                                               
similar; physical assaults on police officers were rising.                                                                      
                                                                                                                                
CHAIR  COGHILL  asked in  what  venue  Troopers receive  training                                                               
about when to charge assault.                                                                                                   
                                                                                                                                
COLONEL  MALLARD said  training continues  throughout a  person's                                                               
career.  Troopers are  initially  educated at  the Public  Safety                                                               
Academy  followed  by  ongoing   in-service  training  about  the                                                               
difference  between   physical  contact   with  an   officer  and                                                               
hands/feet assault of an officer.                                                                                               
                                                                                                                                
SENATOR DYSON  asked if he would  expect the rates to  be similar                                                               
for all police officers.                                                                                                        
                                                                                                                                
COLONEL  MALLARD  surmised  that   the  trend  would  be  similar                                                               
statewide if all the data were collected and analyzed.                                                                          
                                                                                                                                
SENATOR  DYSON  observed that  knife  assaults  on Troopers  were                                                               
close to zero  and highlighted that both bodies would  see a bill                                                               
to remove specialty knives from  the list that were illegal under                                                               
Alaska law.                                                                                                                     
                                                                                                                                
2:23:23 PM                                                                                                                    
CHAIR  KELLER asked  if data  on Trooper  assaults was  collected                                                               
before 2008.                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS  said  there  was no  specific  reason  for                                                               
providing just four  years of data because it  had been collected                                                               
for a number of years. However,  it was his belief that there was                                                               
better reporting by law enforcement agencies in recent years.                                                                   
                                                                                                                                
CHAIR  COGHILL commented  on the  change in  Trooper demographics                                                               
and society in general.                                                                                                         
                                                                                                                                
COMMISSIONER MASTERS  added that  the anecdotal  perception, both                                                               
statewide and  nationally, is  that assaults  on officers  are on                                                               
the rise and they seem more severe.                                                                                             
                                                                                                                                
CHAIR  COGHILL expressed  interest  in knowing  how  many of  the                                                               
assaults  on  Troopers  fall  inside  the  category  of  domestic                                                               
violence and sexual assault.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  indicated  that  correctional  officer                                                               
data would likely show a similar trend.                                                                                         
                                                                                                                                
COMMISSIONER MASTERS said he would agree anecdotally.                                                                           
                                                                                                                                
2:27:31 PM                                                                                                                    
COMMISSIONER MASTERS enumerated the following FY13 successes:                                                                   
                                                                                                                                
   · Completion of the new crime lab as previously discussed.                                                                   
   · The Public Safety Academy dining hall addition, which will                                                                 
     help meet some of the requirements of feeding officers in                                                                  
     training while in Sitka, will be completed in about a                                                                      
     month.                                                                                                                     
   · A new Post in Selawik opened the first part of the year and                                                                
     crime statistics and anecdotal  information indicate that it                                                               
     is having a  positive effect. The 2012 assault  data shows a                                                               
     large  increase   in  misdemeanor  assault  arrests   and  a                                                               
    corresponding, significant decrease in felony assaults.                                                                     
   · A new King Air 350 was placed into service several months                                                                  
     ago and, as previously discussed, there would be a new                                                                     
     helicopter based in Fairbanks.                                                                                             
  · Domestic violence and sexual violence prevention planning.                                                                  
   · Highway safety.                                                                                                            
                                                                                                                                
2:29:05 PM                                                                                                                    
CHAIR COGHILL asked if the community still had a VPSO.                                                                          
                                                                                                                                
COMMISSIONER MASTERS  said yes, although the  position was vacant                                                               
until recently. He  offered his belief that  the Northwest Arctic                                                               
region  was  still  underserved,  but DPS  had  made  significant                                                               
efforts to get VPSOs in communities in that region.                                                                             
                                                                                                                                
CHAIR COGHILL asked  if the Troopers in Selawik had  land and air                                                               
capabilities.                                                                                                                   
                                                                                                                                
COMMISSIONER  MASTERS  said the  aircraft  that  operates out  of                                                               
Kotzebue is dedicated to moving  Troopers where needed within the                                                               
region.                                                                                                                         
                                                                                                                                
CHAIR COGHILL asked about prisoner transport to the Lower 48.                                                                   
                                                                                                                                
COMMISSIONER  MASTERS  explained  that DPS  has  moved  prisoners                                                               
between Alaska  and the Lower  48 using seat fares  on commercial                                                               
aircraft  and  the  King  Air, which  accommodates  up  to  eight                                                               
prisoners at  a time. When  Goose Creek opens, the  Department of                                                               
Corrections  has  another  way   to  bring  prisoners  back  more                                                               
economically.                                                                                                                   
                                                                                                                                
CHAIR  KELLER asked  for  information  on the  cost  per hour  to                                                               
operate the King Air 350 as opposed to using charter services.                                                                  
                                                                                                                                
COMMISSIONER MASTERS agreed to follow up with the information.                                                                  
                                                                                                                                
CHAIR COGHILL said that when he  last fished on the Gulkana River                                                               
a Fish and Wildlife Trooper was  flying around in either a J-4 or                                                               
J-5. He asked if DPS or ADF&G managed that plane.                                                                               
                                                                                                                                
COMMISSIONER MASTERS responded that  the Alaska Wildlife Troopers                                                               
have a number  of Piper Super Cubs. Those  are maintained through                                                               
the  DPS  Aircraft  Section  and   primarily  used  for  wildlife                                                               
enforcement.                                                                                                                    
                                                                                                                                
He  said he  also  wanted  to highlight  that  there  had been  a                                                               
concerted  effort to  get domestic  violence  and sexual  assault                                                               
primary prevention  programs into CDVSA. He  explained that these                                                               
programs  deal  with  very specific  attempts  to  change  public                                                               
norms,  social norms,  how people  view  relationships, how  they                                                               
view what is acceptable and  what is not acceptable. For example,                                                               
"Green Dot"  is a bystander intervention  and prevention program,                                                               
"Lead On" is a teen  leadership program in schools, and "Coaching                                                               
Boys  into  Men"  uses  coaches  to  demonstrate  leadership  and                                                               
educate student athletes.                                                                                                       
                                                                                                                                
2:37:07 PM                                                                                                                    
SENATOR  DYSON asked  to receive  a  copy of  the curriculum  and                                                               
lesson plans used in the schools.                                                                                               
                                                                                                                                
COMMISSIONER  MASTERS  said  he  could  provide  information  for                                                               
"Coaching Boys into Men" and possibly for "Fourth R."                                                                           
                                                                                                                                
CHAIR COGHILL  recognized that the  Council on  Domestic Violence                                                               
was represented in the audience.                                                                                                
                                                                                                                                
2:38:03 PM                                                                                                                    
COMMISSIONER MASTERS  told the committee that  highway safety was                                                               
both a success  and challenge. The concerted efforts  in the last                                                               
four  years resulted  in the  lowest number  of fatal  crashes on                                                               
record. The preliminary  data from 2012 indicates that  it is the                                                               
lowest on  record for the  percentage of DUI  and alcohol-related                                                               
fatalities.  There  also  appears  to  be  the  highest  rate  of                                                               
voluntary  seatbelt   use.  He  attributed  these   successes  to                                                               
enforcement efforts of the Bureau  of Highway Patrol, the efforts                                                               
of the Alaska  Highway Safety Office, and the  efforts within the                                                               
Department of  Transportation and  Public Facilities  (DOTPF) and                                                               
EMS organizations in the state.                                                                                                 
                                                                                                                                
CHAIR COGHILL  mentioned [double] fines  and asked the  number of                                                               
safety corridors in the state.                                                                                                  
                                                                                                                                
COMMISSIONER MASTERS described the  five highway safety corridors                                                               
on the Sterling Highway, Seward  Highway, KGB Road, Parks Highway                                                               
exiting  Wasilla northbound,  and  another section  of the  Parks                                                               
Highway.  He highlighted  that  DOTPF does  not  establish a  new                                                               
safety corridor  without an  enforcement component.  He confirmed                                                               
that the fines were double in the safety zones.                                                                                 
                                                                                                                                
SENATOR DYSON  asked about a  forthcoming report on  the meetings                                                               
that followed the 8.5-hour shutdown of the Glenn Highway.                                                                       
                                                                                                                                
COLONEL   MALLARD  relayed   that   the   report  would   include                                                               
suggestions  that  could  be  used statewide.  He  noted  that  a                                                               
similar  group was  meeting to  discuss the  Seward and  Sterling                                                               
highways and the Peninsula.                                                                                                     
                                                                                                                                
SENATOR DYSON  said part of  the discussion was about  options to                                                               
keep traffic  moving, and those suggestions  could affect budgets                                                               
for highways.                                                                                                                   
                                                                                                                                
2:42:08 PM                                                                                                                    
REPRESENTATIVE  FOSTER asked  if any  consideration was  given to                                                               
doubling fines in school zones.                                                                                                 
                                                                                                                                
COMMISSIONER MASTERS offered to follow up with an answer.                                                                       
                                                                                                                                
SENATOR   MCGUIRE  complimented   Commissioner  Masters   on  the                                                               
improvements   due  to   the  safety   corridor  and   additional                                                               
patrolling on the Seward Highway.                                                                                               
                                                                                                                                
CHAIR COGHILL  spoke of the inconvenience  associated with having                                                               
a  car  impounded  as  evidence   after  a  fatal  accident.  The                                                               
insurance company has no access  to the vehicle and cannot settle                                                               
the claim. He suggested that there might be a better protocol.                                                                  
                                                                                                                                
COLONEL MALLARD  said the agencies  were looking  at alternatives                                                               
to  reduce  shutdown  times  on  highways.  With  regard  to  the                                                               
insurance  issue, he  expressed  hope that  the circumstance  was                                                               
atypical and if not, he would like to hear about it.                                                                            
                                                                                                                                
CHAIR KELLER highlighted the need for the Knik Crossing.                                                                        
                                                                                                                                
2:46:53 PM                                                                                                                    
COMMISSIONER MASTERS  reviewed the following challenges  that DPS                                                               
is currently facing:                                                                                                            
                                                                                                                                
   · In the last several years, the Division of Alaska State                                                                    
     Troopers has articulated the need to increase core police                                                                  
     services  in  large urban  areas.  The  population in  these                                                               
     areas  has increased  steadily, particularly  in the  Mat-Su                                                               
     Valley.  With  the  exception of  Anchorage,  the  municipal                                                               
     police departments  have very small footprints  within AST's                                                               
     areas of responsibility. The growth  areas are outside those                                                               
     municipalities  so  they   are  dramatically  affecting  the                                                               
     Troopers'  calls for  service.  Since 2000,  the numbers  of                                                               
     calls  for service  have doubled  in the  Mat-Su Valley  and                                                               
     increased  markedly in  the Fairbanks  region and  the Kenai                                                               
     Peninsula. Seventeen  Troopers from  that post  are assigned                                                               
     to patrol and  that is not enough to  provide 24/7 coverage.                                                               
     Staffing  deficiencies   manifest  in   a  number   of  ways                                                               
     including complaints that Trooper  responses are not timely.                                                               
     He  relayed that  DPS was  addressing the  need to  increase                                                               
     staffing levels in finance subcommittee discussions.                                                                       
                                                                                                                                
CHAIR COGHILL  said he'd  noticed that  when Trooper  response is                                                               
slow, property crime victims are  tempted to vindicate themselves                                                               
and that may result in another crime.                                                                                           
                                                                                                                                
COMMISSIONER MASTERS agreed.                                                                                                    
                                                                                                                                
   · VPSO infrastructure and retention is another challenge. DPS                                                                
     has made concerted  efforts to put law  enforcement in rural                                                               
     communities, some  with Trooper  posts but mostly  by adding                                                               
     VPSOs. In 2008, 45 communities had  VPSOs and today 67 or 68                                                               
     communities  are  covered.  About 65  communities  in  rural                                                               
     Alaska  would still  benefit  from VPSO  coverage.  It is  a                                                               
     shared  responsibility  with  the  community  and  state  to                                                               
     recruit and support these positions.                                                                                       
                                                                                                                                
REPRESENTATIVE  FOSTER emphasized  the  importance of  supporting                                                               
VPSOs  in rural  Alaska and  that the  legislature needs  to fund                                                               
things like  rents, supplies, and  equipment. The  positions that                                                               
haven't been filled  should be funded because they  help with the                                                               
infrastructure.                                                                                                                 
                                                                                                                                
COMMISSIONER MASTERS  said the personal services  funds for VPSOs                                                               
that are available  because the position hasn't  been filled, are                                                               
reinvested into the program to  assist communities in basic unmet                                                               
infrastructure needs like helping  to finish an office, finishing                                                               
a  roof, changing  electrical,  putting a  heating  unit in,  and                                                               
purchasing gasoline for patrol.                                                                                                 
                                                                                                                                
   · Another challenge is the impact of federal grant                                                                           
     reductions.  DPS currently  receives  about  $15 million  in                                                               
     federal funding and  about $4.2 million is  needed this year                                                               
     to  backfill that  federal funding.  In  FY14 federal  funds                                                               
     available to  the department total about  $10 million. Those                                                               
     funds are  used to fund  successful positions at  the Bureau                                                               
     of  Highway Patrol  and Sexual  Assault  Units. The  finance                                                               
     subcommittee   meetings  will   include  discussions   about                                                               
     maintaining those successful positions.                                                                                    
                                                                                                                                
CHAIR COGHILL asked  if the positions in the  Sexual Assault Unit                                                               
were heavily dependent on federal funds.                                                                                        
                                                                                                                                
COMMISSIONER  MASTERS  explained  that   DPS  has  several  grant                                                               
programs, the largest of which  is American Reinvestment Recovery                                                               
Act   (ARRA)   stimulus   funds.  Those   funds   were   utilized                                                               
specifically to  fund sexual  assault investigators  and increase                                                               
capabilities  in the  area of  Internet crimes  against children,                                                               
Internet child  pornography, and distribution as  well as putting                                                               
investigators  in  child  sexual  abuse units  and  adult  sexual                                                               
assault  units in  several  locations. Those  funds  will end  in                                                               
2013.                                                                                                                           
                                                                                                                                
   · The last challenge was the Bureau of Highway Patrol                                                                        
     funding, which is also federal.                                                                                            
                                                                                                                                
CHAIR COGHILL  and CHAIR KELLER thanked  Commissioner Masters and                                                               
Colonel Mallard.                                                                                                                
                                                                                                                                
2:57:42 PM                                                                                                                    
There being  no further business  to come before  the committees,                                                               
Chair Coghill  adjourned the Senate and  House Judiciary Standing                                                               
Committees at 2:57 p.m.                                                                                                         

Document Name Date/Time Subjects
Public Safety Judiciary Committee Presentation.pdf SJUD 1/25/2013 1:30:00 PM