Legislature(2019 - 2020)BELTZ 105 (TSBldg)
02/20/2019 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Uniform Crime Reporting Program | |
| Presentation: Alaska Criminal Justice Commission | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 20, 2019
1:33 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator Lora Reinbold, Vice Chair
Senator Mike Shower
Senator Peter Micciche
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION(S):
Uniform Crime Reporting Program (UCR)
- HEARD
Alaska Criminal Justice Commission - Criminal Justice Data
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
KATHRYN MONFREDA, Chief
Criminal Records and Identification Bureau
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Presented the Uniform Crime Reporting Annual
Report.
LISA PURINTON, Program Coordinator
Criminal Records and Identification Bureau
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Presented the Uniform Crime Reporting Annual
Report.
SUZANNE DIPIETRO, Executive Director
Alaska Judicial Council
Anchorage, Alaska
POSITION STATEMENT: Presented an overview of the Alaska Criminal
Justice Commission - Criminal Justice Data.
SEAN CASE, Captain
Anchorage Police Department;
Commissioner
Alaska Criminal Justice Commission
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the overview of
the Alaska Criminal Justice Commission.
MICHAEL DUXBURY, Deputy Commissioner
Department of Public Safety (DPS);
Executive Director
Alaska Judicial Council
Anchorage, Alaska
POSITION STATEMENT: Presented the Uniform Crime Reporting Annual
Report.
ACTION NARRATIVE
1:33:14 PM
CHAIR SHELLEY HUGHES called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Kiehl, Reinbold, Shower, and Chair Hughes.
Senator Micciche arrived as the meeting was in progress.
^PRESENTATION: Uniform Crime Reporting Program
PRESENTATION:
Uniform Crime Reporting Program
1:33:36 PM
CHAIR HUGHES announced that the first order of business would be
a presentation on the Uniform Crime Reporting Program.
1:34:33 PM
LISA PURINTON, Program Coordinator, Criminal Records and
Identification Bureau, Department of Public Safety (DPS),
Anchorage introduced herself.
1:34:45 PM
KATHRYN MONFREDA, Chief, Criminal Records and Identification
Bureau, Department of Public Safety (DPS), Anchorage began a
PowerPoint on the Uniform Crime Reporting (UCR) by paraphrasing
slide 2.
Uniform Crime Reporting (UCR) is a nationwide data
collection effort headed by the FBI to meet the need
for reliable, uniform crime statistics nationwide
18,000 law enforcement agencies participate in the UCR
program nationally, including 32 agencies in Alaska
(representing 99.5 percent of the state's population)
State and local law enforcement agencies in Alaska
report crime statistics to the Department of Public
Safety (DPS), which manages the state UCR program and
provides statewide data to the FBI
The State UCR Program provides training and conducts
biennial audits to ensure accuracy and uniformity of
the data
The program also creates the yearly Crime in Alaska
publication, a major resource for measuring the trend
and distribution of crime in Alaska
She said that Ms. Purinton manages the program and is the sole
employee who handles audits, collection, and reporting of the
crime statistics.
1:36:14 PM
MS. MONFREDA turned to slide 3," UCR in Alaska."
DPS is required to report crime statistics under AS
12.62.130
Summary Reporting System (SRS) - 1930s
?Currently used in Alaska
?Summarized view of an incident with minimal reporting
elements
National Incident Based Reporting System (NIBRS) 1980s
? FBI will only accept NIBRS data as of January 1,
2021
? Federal grants being rewritten to require NIBRS
reporting specifically
MS. MONREDA said the Department of Public Safety (DPS) has used
the Summary Reporting System (SRS). This system provides a
summarized view of the criminal incident, but the information is
limited. For example, it may not link the arrest to the original
offense. She said the department is transitioning into a more
robust reporting program that will allow a more in-depth
analysis on crime. She stated that about 30 states use the
National Incident Based Reporting System (NIBRS). All states
will need to report using NIBRS by January 2021. Alaska is on
track to report using NIBRS, but some states, such as
California, will probably not meet the deadline. She offered her
belief that the Federal Bureau of Investigation (FBI) will
likely continue to accept Summary Reporting System data.
1:37:47 PM
CHAIR HUGHES related her understanding that Alaska is reporting
on crimes that are charged, but the state is not necessarily
reporting the arrest or the sentencing using the Summary
Reporting System (SRS).
MS. MONFREDA said Alaska reports crimes to the law enforcement
agency. She explained that there is no correlation to the final
outcome of the case other than an arrest was made. The DPS knows
how many crimes were reported and how many arrests were made.
1:38:30 PM
SENATOR REINBOLD said that citizens in the Eagle River area have
indicated that they call law enforcement, but police do not show
up. She asked whether those calls would be reported in SRS. She
further asked at what point the data entry happens because she
is concerned that the reporting may not be accurate.
MS. MONFREDA answered that law enforcement receives training on
reporting, but she could not say with certainty that reporting
occurs.
SENATOR REINBOLD asked whether this matter can be audited. She
said that the public complains that their requests for
assistance are unanswered. She characterized this as an
important issue and her sense that the public is frustrated.
MS. MONFREDA responded that the department currently audits each
of the 32 agencies every two years. As previously stated, the
DPS has one employee who reports crime statistics. She said that
her sense is that crime is underreported. She acknowledged that
she has also heard that people do not bother to call law
enforcement and if they do not report crimes, the statistics
cannot be reported. She was unsure of how to capture any crime
information unless people report them. She reiterated that law
enforcement receives training and police agencies are required
to report crimes that come to their attention. If citizens
report crimes, law enforcement should be filling out forms and
if they do, those crimes become part of the statistics, she
said.
CHAIR HUGHES related her understanding that law enforcement
agencies are trained and required to report crimes when calls
for assistance are received, and that this data is collected if
law enforcement agencies follow established procedures. She said
that this issue is separate from the public deciding not to call
and report crimes, which she understands would be impossible to
track.
MS. MONFREDA agreed that law enforcement agencies are required
to report crimes when the public reports them and the data is
collected if agencies follow the requirement.
1:41:30 PM
SENATOR REINBOLD recalled that Ms. Monfreda indicated that crime
is being underreported. She emphasized her belief that people
are not making stories up. She said she has heard anecdotally
about problems in some agencies. She asked what people are
supposed to do when they are told by law enforcement agencies
that nothing can be done because of changes made to the criminal
law in Senate Bill 91.
MS. MONFREDA offered that educating the public and law
enforcement agencies is key because it is impossible to take
corrective action on the unknown.
1:42:28 PM
CHAIR HUGHES said that she would like to be able to assure the
public that their calls to law enforcement agencies will be
reflected in the criminal statistics even if officers indicate
that they cannot make an arrest due to changes in the crime
statutes because of Senate Bill 91.
MS. MONFREDA answered that is correct.
1:42:48 PM
MS. MONFREDA turned to slide 4, "Sample UCR Report: SRS vs.
NIBRS." This slide illustrates the difference in data being
reported in the two reporting systems:
Report
A 28-year-old female contacts law enforcement to
report she was sexually assaulted by her ex-husband the
previous evening. Law enforcement investigates and a
suspect is arrested.
Under SRS:
- One rape offense reported
- One arrest for rape reported (no correlation of
arrests to reported offenses)
Under NIBRS:
- One rape offense reported
- Victim age, sex, race, injury sustained
- Offender age, sex, race, weapon/force used
- Victim/offender relationship
- Time, date, and location of offense
- Suspect suspected of using alcohol or drugs
- Date of arrest
1:43:50 PM
SENATOR KIEHL asked whether this would better capture
information that is already in the system or if this data system
change will require law enforcement to enter significantly more
data.
MS. MONFREDA answered that this will require additional
information to be collected. In many instances the data is
already being collected, but it is not being reported, she said.
She acknowledged that some level of effort will be necessary
since agencies must change their systems. However, records
management systems are much more automated now, so law
enforcement computers can be programmed to capture certain data.
In addition, many vendors are well aware of the upcoming
reporting system changes, so they are currently working with law
enforcement agencies to assist them with the changes.
1:45:10 PM
SENATOR KIEHL asked whether she has a sense of how this will
affect small law enforcement offices. He pointed out that in his
district some law enforcement agencies have 55 officers, but
others have five or less.
MS. MONFREDA answered that the Department of Public Safety (DPS)
has two potential solutions for small law enforcement agencies.
One option would be for law enforcement agencies to use the
Alaska State Troopers' (AST) Alaska Record Management System
(ARMS). The department is in the process of converting the
collection of data from the Summary Reporting System (SRS) to
the National Incident Based Reporting System (NIBRS), she said.
She highlighted the second way agencies can report is to use the
repository DPS is currently building for agencies to submit
information to the department. Agencies that have a small number
of incidents to report in any given month will be able to enter
information into the repository at no cost.
1:46:23 PM
MS. MONFREDA discussed slide 5, "Crime in Alaska," which
contained tables and figures on the increase. She explained that
violent crimes in every category went up and property crimes
increased except for arson. She reported that vehicle theft
increased by nearly 40 percent. The total number of violent
crimes consisted of 6,320 offenses, including 62 murders, 1,073
rapes, 949 robberies, and 5,236 assaults. The total number of
property crimes consisted of 26,225 crimes, including 139
arsons, 4,250 vehicle thefts, 4,153 burglaries, and 17,683
thefts.
1:46:57 PM
SENATOR SHOWER commented that this slide is the crux of the
discussion on crime trends. He said that pre-Senate Bill 91 laws
were not working, that Senate Bill 91 law was not necessarily
working either. He asked whether she could provide information
on pre-Senate Bill 91 and post Senate Bill 91 to better
understand crime in Alaska.
MS. MONFREDA answered that the upcoming slides do tie them
together.
1:47:55 PM
MS. MONFREDA discussed the four charts on slide 6, "Alaska
Violent Crime Rates 2007-2017." She said the rate of crime is
defined by how many crimes occur per 100,000 of population. She
said that these charts compare the rates of crime to the
national rate. She said that the violent crime rate in Alaska is
higher than in the nation. The murder rate increased in 2013.
She said that the rape rate in Alaska has always been higher a
than in the nation. She said the definition of rape was changed
in 2013 to include victims and offenders of all genders, which
meant that the department began collecting information on sexual
assaults of people not previously reported.
She said that the robbery rate passed the national rate in about
2015. The last chart showed the aggravated assault rate, which
has always been higher than the national average.
1:49:16 PM
CHAIR HUGHES asked for further clarification on the rape data.
She asked whether the increase in the number of rapes in Alaska
is due solely to the change in definition related to gender or
if other factors influenced the rate.
MS. MONFREDA said she did not know the answer.
1:50:18 PM
MS. PURINTON said the department looked at the data for rapes in
Alaska in 2013. The national average was about a 35 percent
increase on the figures due to the definition change. She said
that part of it could be due to the scale on the graph. She said
that the Anchorage Police Department continued to report its
rape figures under the historic definition as well as the new
definition. She said that given the volume of crimes for rape in
the Anchorage area, the department did see that 35 percent
correlation, which is mirrored at the federal level.
CHAIR HUGHES asked for further clarification on the dip in 2011-
2013.
MS. PURINTON responded that she could not provide a definitive
answer. She suggested that it was about the timeframe when the
department implemented biennial audits and training for law
enforcement agencies. She said she would need to research it
further.
1:51:49 PM
SENATOR SHOWER said he noticed that murder spikes in 2015. He
related his understanding from conversations with the law
enforcement community is that homicide has tended to be centered
in the Anchorage vicinity and is related to drug-related gangs
and the opioid crisis and murder spiked in 2015. He offered his
belief that outside the city, the murder rate is lower.
MS. PURINGTON deferred to Mr. Duxbury.
1:53:01 PM
CHAIR HUGHES expressed an interest in the geographic location of
crimes.
MS. PURINTON said that this data provides the statewide totals,
but each law enforcement agency will report statistics to the
Uniform Crime Report on the individual communities. She said
that the on-line publication will have the data broken out for
each of the police departments.
CHAIR HUGHES said it would be helpful to have the data broken
out so the legislature can determine what location has the worst
problem with murder or sex crimes.
MS. MONFREDA responded that the DPS does publish the data by
jurisdiction. She pointed out that the entire Crime in Alaska
publication for 2017 is 512 pages. Further, the sex offense
report is broken down by census area, she said. This
presentation is providing a synopsis of the information, she
said.
1:54:51 PM
SENATOR REINBOLD said this is the first full year after Senate
Bill 91 has gone into effect. She stated that the legislature
passed Senate Bill 64 to create the Criminal Justice Commission
and the state legalized marijuana during that time. She said
that crime in Alaska in 2017 continued to rise. She read crime
statistics from the chart on slide 5: murder at 62, robbery at
949, rape at 11,073, assault at 4,236, arson at 139, vehicle
theft at 4,250, burglary at 4,153, and larceny/theft at 17,683.
She cited total property crime offenses at 26,225 and violent
crimes at 6,320 offenses with a combined total offenses of
32,545.
She said that violent crimes have risen. She reviewed the
[percentage of property crimes for 2017] with larceny/theft
comprising 67.4 percent, burglary at 15 percent, vehicle theft
at 16 percent. She then reviewed the [percentage of violent
crimes for 2017] with assault at 67 percent, rape at 17 percent,
and robbery at 15 percent.
SENATOR REINBOLD said that crime has increased dramatically. She
expressed frustration. She expressed concern that some
organizations massage data to meet misguided objectives. She
eagerly anticipated receiving the 2018 figures and asked when
the figures will be available.
MS. MONFREDA answered that the goal is to have the report out as
soon as possible, but the department is dependent on agencies
submitting the information by mid-March. She said that the
department spends about two months auditing the data and
preparing the 500-page publication. She explained that the
publication is generally completed by mid-August.
1:58:10 PM
CHAIR HUGHES informed members that the publication is on the
Department of Public Safety's (DPS) website. She reverted to
slide 5, to the last column on the right, which shows the
percentage of increase from 2016-2017 for vehicle theft was
nearly 40 percent. She acknowledged that increases were seen in
2011-13, but significant jumps occurred in 2016-2017.
SENATOR SHOWER calculated the per capita rate and said that one
in every 23 Alaskans is touched by crime. He said that in his
neighborhood nearly everyone has been affected.
SENATOR REINBOLD pointed out that all crime increased except for
arson. She expressed an interest in obtaining the 2018 data.
SENATOR SHOWER expressed an interest in the robbery rate, which
increased in 2014-2015. He recalled the drug war and the opioid
crisis also spiked during that time.
2:01:30 PM
MS. MONFREDA turned to slide 7, "Alaska Property Crime Rates
2007-2017" to charts that compared the larceny/theft rate,
burglary rate, and vehicle theft rate in Alaska to the national
average for those crimes. She said that property crime rates
trend upward in all categories.
CHAIR HUGHES said the PowerPoint can be found on the Alaska
legislature's website on BASIS for today's meeting.
2:02:15 PM
MS. MONFREDA turned to slide 8, "Alaska Drug Arrests 2007-2017.
She said that the crimes are trending down. She referred to a
graph on the slide with a gold line indicating possession and
the blue line represents sales or manufacture of drugs. In 2015,
the decriminalization of marijuana went into effect. The slide
also contained this important note:
The UCR program collects data on the number of persons
arrested, not the number of charges.
For example, a person may be arrested on several
charges at one time; in this situation, the agency
only scores one arrest under the most severe offense
category as determined by the agency.
Therefore, this graph does not necessarily count every
person arrested for a drug related offense in this
time period.
2:02:57 PM
CHAIR HUGHES said that the downward trend is surprising since
the opioid crisis has worsened. She asked for further
clarification on the trend.
MS. MONFREDA deferred to the Department of Public Safety (DPS)
to respond.
CHAIR HUGHES advised the department to keep the question in mind
when testifying today. She welcomed hearing the law enforcement
perspective. She acknowledged that possession of marijuana was
decriminalized, too.
SENATOR REINBOLD described the 180 arrests in 2017 as "a joke."
She said that anecdotally, she has heard that offenders are
given "a little slap on the hand" so it is not worth arresting
or prosecuting people. She said that people are not motivated to
get treatment because prosecutors cannot leverage jail time to
ensure offenders receive treatment. She said the streets are
nearly unrecognizable.
2:05:11 PM
SENATOR KIEHL asked for further clarification whether she was
speaking to possession and decriminalization of marijuana.
CHAIR HUGHES answered that it was other drug classifications.
She was unsure of the effective date. She said that under
current law [after Senate Bill 91] it was under one ounce.
MS. MONFREDA said she does not have any information to add.
CHAIR HUGHES suggested that the committee may need to wait for
the 2018 data.
SENATOR KIEHL asked whether it moved from felony to misdemeanor
or if it was decriminalized.
CHAIR HUGHES said decriminalized may be the wrong terminology.
2:06:05 PM
MS. MONFREDA said arrests are reported with respect to the
highest level of crime. For example, if a person possessed drugs
but the person was arrested for robbery, the arrest for robbery
would be reported but the drug offense would not be reported.
She said that the data would not reflect the number of instances
in which drugs were in possession during the arrest in which the
person is charged with a more serious crime.
2:06:51 PM
MS. MONFREDA turned to slide 9, "Murder 2017, Rape 2017." Two
charts show the number of offenses from 2013-2017, showing the
rate per 100,000, and the percentage of the rate of change. In
addition, she provided additional detail:
Murder 2017:
60% of homicides involved a firearm, down from 83% in
2016
56% of female homicide victims were killed by an
intimate partner
59% of male victims were killed by an acquaintance
Of the known suspects, 81% were adults, 80% were male,
and the majority (47%) were White/ Caucasian
Rape 2017:
The rape rate in Alaska is 249% higher than the
national rate
7% of the reported rape offenses were attempts to rape
While 1073 offenses were reported in 2017, 194
offenses were cleared, and 126 persons were arrested
for rape
Of the persons arrested for rape, 79% were adults, 99%
were male, and the majority (60%) were Alaska
Native/American Indian
She pointed out that the murder rate has been steadily rising
with the exception of 2016, when the rate dropped slightly, then
increased. She said that the rape rate dropped during 2013-14
but it cannot be compared, as previously discussed due to rule
changes. She said that the rape rate in Alaska is 249 percent
higher than the national rate.
2:08:20 PM
CHAIR HUGHES related national new reports were reporting that
Alaska has the worst crime rate overall. She said Alaska was
rated either 49th or 50th based on this report.
MS. MONFREDA said that she has not looked at the report.
CHAIR HUGHES said that the Uniform Crime Report reported via
national new agencies that Alaska is rated as the 49th or 50th
for property crimes and violent crimes based on this data.
2:09:51 PM
SENATOR KIEHL said some information is more detailed than in the
UCR report. He asked for the source of the additional data, for
example, if the person is killed by an acquaintance.
MS. MONFREDA answered that it is reported via a supplemental
homicide report for robberies and burglaries. For example, the
supplemental report provides a little more detail for robberies
and burglaries, including the type of weapon and if it was
commercial business or residential.
2:11:36 PM
CHAIR HUGHES related her understanding that some data is
collected through a victim survey.
MS. MONFREDA acknowledged that data is collected by others, but
the victim survey is not conducted by the Department of Public
Safety.
2:12:01 PM
SENATOR REINBOLD reviewed the crime statistics on slide 9. She
said 56 percent of the female victims were killed by an intimate
partner. She expressed concern that of 1,073 offenses reported.
only 126 were arrested. She stated that 60 percent of the rape
victims were Alaska Natives. She said a disproportionate number
of Alaska Native women are victims. She expressed alarm that a
previous commissioner could not explain why only one percent of
rapists end up in jail. She asked whether the 249 percent
relates to the national average.
MS. MONFREDA said the FBI collected the data from all 50 states
and determined the rate nationwide. Alaska was 249 percent
higher than the national average.
CHAIR HUGHES recalled that the victims' survey showed that 63
percent of sexual assaults are not being reported, which could
impact the figures. Someone in committee remarked that the
better job the legislature does the more apt that people will
report. The goal is to have fewer victims and more public
safety.
2:16:03 PM
MS. MONFREDA turned to slide 10, "Robbery and Assault 2017." The
slide consisted of two tables titled "Robbery 2017" and "Assault
2017" and she reviewed the following information.
Robbery 2017:
The most common weapon type involved in a robbery was
"hands/fists/feet", followed by "firearm"
The total reported property loss from robbery offenses
was over $850K
Of the persons arrested for robbery, 93% were adults,
84% were male, and the majority (43%) were
White/Caucasian
Assault:
The assault rate in Alaska is 131% higher than the
national rate
The most common weapon type associated with assault
was "other dangerous weapon", followed by
"hands/fists/feet", then "firearms". The least common
weapon was "knife/cutting instrument"
Of the persons arrested for assault, 94% were adults,
75% were male, and the majority (49%) were Alaska
Native/American Indian
2:16:59 PM
MS. MONFREDA turned to slide 11, "Burglary 2017" and the
following information:
57% of reported burglaries were from a residence
The total reported property loss for burglaries in
2017 was over $10.4 million
Of the persons arrested for burglary, 81% were adults,
86% were male, and the majority, (53%) were
White/Caucasian
She said that burglaries have been on the rise.
MS. MONFREDA reviewed the "Larceny/Theft 2017" portion of the
slide. She said that larceny has also seen an increase, with the
largest increase shown in vehicle theft followed by shoplifting.
She reviewed the information on slide 11:
The majority of reported larcenies were "from motor
vehicle", followed by "shoplifting"
The total reported property loss for larcenies in 2017
was over $15.3 million
Of the persons arrested for larceny, 89% were adults,
65% were male, and the majority (60%) were
White/Caucasian
"Vehicle Theft 2017"
The rate of vehicle thefts has increased 150% since
2013, and is up 62% compared to 2007
The total reported property loss for vehicle thefts in
2017 was over $34.1 million
Of the persons arrested for burglary, 89% were adults,
73% were male, and the majority (55%) were
White/Caucasian
"Arson 2017"
The majority of reported arsons were of structures
(48%), followed by mobile property (43.8%)
Of the structural property arsons, 65% were of
residential property
Of the persons arrested for arson, 73% were adults,
64% were male, and the majority (50%) were
White/Caucasian
2:17:47 PM
CHAIR HUGHES encouraged the public to review the crime
statistics. She said that crime has been increasing in Alaska
while population has been decreasing.
2:18:16 PM
SENATOR REINBOLD turned to the statistics and read from slide
10. She read the assaults statistics, with 3,096 assaults in
2013, 3,224 in 2014, 3,654 in 2015, 3,992 in 2016 and 4,236 in
2017. She reviewed the robbery statistics, with 620 robberies in
2013, 627 in 2014, 759 in 2015, 848 in 2016, and 949 in 2017.
She said that releasing criminals is causing harm to Alaskans.
Keeping people behind bars keeps Alaskans safer. She reviewed
vehicle theft with 1,686 in 2013, 1,730 in 2014, 2,040 in 2015,
3,049 in 2016, and 4,250 in 2017. She said it is critical
information.
2:19:41 PM
SENATOR MICCICHE joined the meeting.
2:19:51 PM
CHAIR HUGHES looked at the financial impacts, which are about
$61 million in one year. She has heard some concern about the
additional costs it may take to make communities safer. She said
that these costs do not include costs to individuals, including
therapy sessions that people pay for, as well as rising
insurance costs. She surmised the costs are over $100 million.
2:21:13 PM
MS. MONFREDA turned to slide 13, "Felony Sex Offense Reporting."
DPS collects information on felony level sex offenses,
as defined by AS12.63.100, and required by AS
12.62.130
The felony sex offense (FSO) data collection is
separate from UCR reporting
State and local law enforcement agencies submit
reported felony-level sex offenses to the database
The FSO does not track the life cycle of a sex crime
incident. It is intended to capture the volume of
serious sex crime offenses reported to law enforcement
Findings are published annually, with the first report
published in 2015
She explained that the department started collecting data after
the legislature passed a bill in 2010 requiring the report. It
took some time to create a database and acquire the data from
law enforcement. She reviewed the data that is collected and
published:
Data Elements Collected & Published
Age, sex, race of victim(s)
Age, sex, race of suspect(s)
Victim/offender relationship(s)
Location of offense
Potential charging statute(s)
Weapon type(s), if any
2:22:06 PM
MS. MONFREDA turned to slide 14, "FSO: Incidents and Rates by
Area" which included two graphics that depicted the 2017 rate of
felony sex offense incidents per 100,000 population and the
number of felony sex offense incidents reported by region.
While agencies in the Anchorage area reported the
highest volume of incidents (50% of the state total),
agencies in Western Alaska reported the highest rate
of incidents based on population, 106% higher than the
statewide rate.
Both the Anchorage area and Western Alaska have
reported incidents higher than the statewide rate
She reviewed the data on the map that listed the rate of felony
sex offense incidents:
Western Alaska: 410.1
Anchorage Area: 251.7
Southeast Alaska: 133.7
Northern Alaska: 98.5
Southcentral Alaska: 46.4
2:23:18 PM
MS. MONFREDA turned to slide 15, "FSO Victims," which consisted
of two bar charts that illustrated the number of victims by age
in the state. In addition:
In 2017, 47% of victims were under 18 years old
The median age of female victims was 19, while the
most common age was 15
The median age of male victims was 13, while the most
common age was 4
Alaska Native females were reported to have the
highest victimization rate of any gender or racial
group, comprising 42% of all reported victims
2:24:04 PM
MS. MONFREDA turned to slide 16, "FSO: Suspects." She reviewed
the statistics in two bar graphs, the age of suspects: statewide
and race of suspects: statewide.
In 2017, the median age of all suspects was 30 years
old, while the most common age was 18
85% of suspects were over 18 years old
36% of the suspects were Alaska Native, 29% were
White, 20% were unknown race, 11% were Black, and 4%
were Asian/Pacific Islander
She said that the 20 percent listed as unknown probably is
because it was likely not reported.
2:24:35 PM
MS. MONFREDA turned to slide 17, "FSO: Victim/Suspect
Relationships" and reviewed the statistics in three tables and
the following:
She reviewed the tables on the slide. For victims 1-10 years
old, 59 percent of the suspects were a family member, 40 percent
of the suspects were known to victim, and most often the suspect
was a parent or other family member. For victims 11-17 years
old, 61 percent of the suspects were known to victim, 39 percent
of the suspects were a family member, and most often the suspect
was an acquaintance. She reviewed the statistics for victims 18
years and older, that 76 percent of the time the suspect was
known to victim, 19 percent of suspects were a family member,
and 5 percent of suspects were strangers.
For victims under the age of 18, in only 0.3% of
incidents was the suspect a stranger to the victim.
The most common location of reported offenses was a
residence.
2:25:28 PM
MS. MONFREDA turned to slide 18, "FSO: Reported Statute
Violations." She reviewed the statistics for statute violations
2015-17 in two tables and a graph.
Sexual Assault Violations in 2017:
Sexual assault in the first degree - 758
Sexual assault in the second degree - 410
Sexual assault in the third degree - 79
Sexual Assault of a Minor Violations in 2017:
Sexual abuse of a minor in the first degree 195
Sexual abuse of a minor in the second degree - 383
Sexual abuse of a minor in the third degree - 39
She said that the department is reviewing the reason for the dip
in sex assault of a minor in 2016, which may be related to how
the figures were being reported, that they were reported as
sexual assault. She said that the crimes still increased so it
may have been a misunderstanding.
CHAIR HUGHES recalled that she mentioned the most common
location of reported offenses was a residence. She asked whether
she has data on how many involve victims being transported via a
vehicle to another location.
2:26:32 PM
MS. PURINTON answered that if the sexual assault occurred at a
secondary location, it is not data that is collected. The data
would include the place where the sexual assault occurred.
CHAIR HUGHES asked for information on the number of sexual
assaults that happened at residences or if the victim was taken
elsewhere. She asked for data to be reported back to the
committee.
2:27:03 PM
MS. MONFREDA reviewed Resources on slide 19:
Crime in Alaska Publications:
https://dps.alaska.gov/Statewide/R-I/UCR
FBI's Crime Data Explorer:
https://crime-data-explorer.fr.cloud.gov
Kathryn Monfreda
Bureau Chief, Division of Statewide Services,
Department of Public Safety, 269-5581 or
kathryn.monfreda@alaska.gov
MS. MONFREDA said that according to the report 76 percent of
incident locations were reported as residences. She said that
other types include tribal lands, highway, road, alley, street,
hotel, and motel. She said that she has figures but can obtain
percentages and report the information to the committee.
2:28:03 PM
SENATOR REINBOLD remarked that this is one of the most important
presentations, one she wished Ms. Monfreda could present to all
communities. She urged people to review the crime reports posted
on the Department of Public Safety's (DPS) website at
https://dps.alaska.gov/statewide/r-i/ucr and the FBI crime data
reporter.
2:29:21 PM
SENATOR MICCICHE asked how long crime rates have been reported.
MS. MONFREDA answered the data has been collected since the 70s.
SENATOR MICCICHE expressed an interest in reviewing the trends.
He asked for statistics from earlier years. He asked for further
clarification.
MS. MONFREDA said the Justice Center at the University of Alaska
Anchorage has compiled reports from all of the department's
data. She offered to provide it to the committee. She deferred
to the Deputy Commissioner to answer questions in more detail.
^PRESENTATION: Alaska Criminal Justice Commission
PRESENTATION:
Alaska Criminal Justice Commission - Criminal Justice Data
2:31:01 PM
CHAIR HUGHES announced that the final order of business would be
a presentation on the Alaska Criminal Justice Commission,
Criminal Justice Data.
2:31:30 PM
SUZANNE DIPIETRO, Executive Director, Alaska Judicial Council,
said the Alaska Judicial Council is staff to the Alaska Criminal
Justice Commission. She said that Captain Case serves as the
local law enforcement member on the Alaska Criminal Justice
Commission. She said she would like Captain Case to make remarks
and if time permits, she would make a short presentation.
2:31:54 PM
SEAN CASE, Captain, Anchorage Police Department; Commissioner,
Alaska Criminal Justice Commission, Anchorage, said he serves as
the commander for the patrol division. He commented that all of
the officers that respond to calls for service work for him
within the Anchorage area. He stated that the figures Ms.
Monfreda presented are ones the committee is pretty passionate
about. He said that he would like to put some things in
perspective in terms of what law enforcement sees on the street.
He stated that Senator Micciche requested that Ms. Monfreda
review some other societal influences that may affect those
figures.
He provided his background. He has been law enforcement for 20
years in two different jurisdictions, one in the Lower 48. He
graduated from high school in Anchorage, obtained his bachelor's
degree in justice from the University of Alaska Anchorage (UAA).
He has a master's degree from Indiana State in criminology and
he is currently in his last course at Penn State University to
complete a master's degree in industrial organizational
psychology and the psychology of leadership. He acknowledged
that his perspective is different than a strict street law
enforcement officer.
CAPTAIN CASE indicated that stolen vehicles is one of the
categories that the Uniform Crime Reporting (UCR) Program
reports.
2:33:19 PM
SENATOR REINBOLD said that it is important to note that
Anchorage Police Department (APD) did not have a position on the
preliminary reports from the Criminal Justice Commission. She
asked whether APD has always served on this commission. She
further asked where he worked in law enforcement in the Lower
48.
CAPTAIN CASE said that APD was not the municipal jurisdiction
that served on the Criminal Justice Commission at the time that
Senate Bill 91 was researched and [became law] in 2016. He
previously worked for the Los Angeles Police Department.
2:34:32 PM
CAPTAIN CASE acknowledged that stolen vehicle figures are very
high. Many people throughout the state have felt the impact of
stolen vehicles, particularly in Anchorage. It is not just
property that is stolen but the means of transportation used to
commute to jobs and to transport children. In the last few years
the APD has increased its staffing levels quite dramatically,
adding 100 new employees. Several years ago, the APD had 148
officers in the patrol division. In February 2019, the
department has 197. He stated that some of the 100 officers were
assigned to patrol and others were detectives who were assigned
to investigations. In 2018, the department saw a six percent
decline in stolen vehicles and an 11 percent increase in arrests
for stolen vehicles. The stolen vehicle data was increasing pre-
Senate Bill 91, and the numbers continued to rise. The statutes
that apply to stolen vehicles have not changed since July 2016.
The APD is currently experiencing a decrease in stolen vehicles,
he said. During the last 11 months the APD has added resources
in the detective division to investigate stolen vehicles. That
effort has shown that 55 of those arrested were repeat offenders
and 12 have committed three stolen vehicle offenses. The
department has seen some fourth repeat offenders.
2:36:12 PM
CHAIR HUGHES recapped that vehicle theft was on the rise and
then began to decline. She asked for his sense of the reason for
the decline.
CAPTAIN CASE said vehicle theft continued to rise until 2018. He
attributed the decline to increased staffing on the street. He
said stolen vehicles is one of the crimes in which increased
police presence can have an impact because more officers on
street observe stolen vehicles and are able to apprehend the
suspects. Further, he said it helps to have an increase in
detectives investigating stolen vehicles.
CHAIR HUGHES asked whether an adjustment in Senate Bill 54
addressed that change.
2:36:56 PM
SENATOR REINBOLD pointed out that Senate Bill 54 provided jail
time for the first offense, a class C felony. She said that
Senate Bill 91 did not impose jail time for vehicle theft. She
said that is a critical point. She reviewed vehicle theft
statistics, that vehicle thefts totaled 1,730 in 2014, 2,040 in
2015, 3,049 in 2016, and 4,250 in 2017, which is triple from
pre-Senate Bill 91 levels, she said. A tiny dip from a really
high number is nothing to brag about, she said.
2:38:08 PM
SENATOR SHOWER added that last year House Bill 312 contained a
provision that allowed judges to hold someone if the person
posed a threat or risk to the public. The bill was signed into
law during the summer, which means that law enforcement would
have six months of data. He explained that a dip in data might
be due to the bill. One of the issues discussed last year was
that offenders were appearing before judges five or more times.
He said that the dip might be due to holding offenders who had
multiple arrests.
2:39:34 PM
CHAIR HUGHES said that any increase in judicial discretion, a
change in classification, and more officers on the street are
factors. She said some policy decisions very likely impacted the
reduction in vehicle theft statistics.
2:40:06 PM
SENATOR MICCICHE said the vehicle theft rate essentially doubled
during 2013-2017. He asked the reason that burglary, thefts, and
robbery rates did not increase since it seemed as though those
crimes should have some correlation to vehicle thefts. He asked
for an explanation for the increase in vehicle theft.
CAPTAIN CASE answered that during the increase in vehicle theft
and other crime, stolen vehicles were linked to drug selling and
burglary. People selling drugs would use cars to transport drugs
or goods. The offenders would burglarize a home and take the
car, he said. The crime of opportunity, such as a person leaving
the car running to warm it up, stayed the same. Those big
increases in vehicle theft were linked to drug use. Most of the
people being arrested have a connection to drugs.
2:41:30 PM
SENATOR MICCICHE said that thefts and other property crimes
increased, as well. He acknowledged that vehicle thefts were off
the chart.
2:41:47 PM
CAPTAIN CASE said that the department has seen situations in
which offenders are arrested for vehicle theft and they have one
or two pending cases. He acknowledged that some offenders are
being arrested a third time before they have made it through the
judicial process. He said the APD has observed this even with
the increased judicial discretion in House Bill 312, in which
offenders can be held on bond, the department still sees
multiple pending charges. He characterized some of these
offenders as dangerous. Catching people who steal vehicles can
cause increased risk to the public, he said.
He applauded the time, energy, and resources spent over the last
11 months, as detectives conducted 532 interviews of 453
individuals 24 hours a day, 7 days a week to try to make
connections. This resulted in 1,062 total charges and a decrease
in vehicle theft, he said.
CHAIR HUGHES said the committee appreciates the work of law
enforcement.
2:43:37 PM
SENATOR REINBOLD said anything that can be done to reduce
vehicle theft is good. She related her understanding that the
pre-trial risk assessment tool process was releasing defendants,
which she characterized as a complete failure, including that no
jail time was given for first-time class C felonies. In
addition, [Senate Bill 91] dramatically reduced sentencing
across the board, she said. She said that Senate Bill 54 helped
by eliminating one way that offenders were getting out of jail.
She emphasized that the public needs to know that the statistics
are dramatic and impacting Alaskans immensely.
2:45:04 PM
SENATOR KIEHL asked if other adjustments in Senate Bill 54 and
House Bill 312 have reduced crime.
CAPTAIN CASE responded that as Ms. Monfreda presented the
statistics, it appears that crime continues to rise in the
state, at least according to the 2017 figures. He reported that
property crimes in Anchorage have not dropped significantly,
except for vehicle theft.
SENATOR KIEHL echoed his thanks to law enforcement for the
efforts made to reduce crime.
2:46:03 PM
CAPTAIN CASE contrasted vehicle theft with shoplifting, which is
a misdemeanor crime. He said that the Anchorage Police
Department (APD) has targeted shoplifting offenses since it has
cost businesses "hundreds of thousands of dollars" throughout
the years. Law enforcement typically makes over 20 arrests per
targeted detail, he said.
The department tracked recidivism and found that 75 percent of
those released resulted in failure to appear. On average, all
shoplifters had one prior misdemeanor arrest, 81 percent had
prior drug and alcohol arrests, 90 percent had records, and 48
percent were arrested on new criminal charges not related to the
original shoplifting offense within the following five months.
He emphasized his point is that a drug element exists with both
of these crimes. As he mentioned previously, it is the
trafficking that contributes to stolen vehicles and that
shoplifting is typically done by drug users.
CAPTAIN CASE said that any drug or street law enforcement
officer will acknowledge the benefits of having drug possession
increased to a felony, in particular, given the difficulty in
getting people to participate in treatment or provide
information in long-term drug investigations. He cautioned that
even with two property crimes in which drugs are involved, the
criminal justice response should be different. He suggested that
offenders who have stolen vehicles probably should spend some
time in jail, with harsher penalties because of the crimes being
committed. He said these are generally people whose business is
to sell drugs and steal cars. The underlying problem with
shoplifters is a drug nexus, most commonly methamphetamine or a
type of opioid. He emphasized the importance of treatment in the
criminal justice system response.
2:49:41 PM
CHAIR HUGHES asked him to provide the statistical data. She
asked for further clarification and whether he said that five
months later the offenders were still committing crimes.
CAPTAIN CASE answered yes.
CHAIR HUGHES said that he emphasized treatment. However, these
offenders were on the street. She said that these drugs are
powerful, so it is likely drug offenders will commit another
crime. She suggested that in terms of public safety that the
state needs to rethink and consider that the treatment should
happen behind bars.
2:50:25 PM
SENATOR REINBOLD related her understanding from talking to law
enforcement that it is a drug nexus. She agreed that increasing
drug offenses to felonies could provide a solution. She said
that prosecutors might be more likely to press charges and the
perpetrator is more likely to get treatment since the offender
faces jail time.
2:51:15 PM
CAPTAIN CASE said the "jury is out" and that people are split
about 50-50 as to whether to incarcerate people and put them in
treatment or to divert them from jail and get them into
treatment. He said that models suggest that both methods are
effective. He said that a system that has only one solution is
probably not the best and most effective system.
He said he is not advocating that offenders who are arrested for
shoplifting never go to jail. He hoped to provide data to
illustrate specifically the issues that law enforcement sees, so
laws can address them. He said he is not testifying to defend
Senate Bill 91, but instead is trying to defend a criminal
justice system that is a little more inclusive and can be more
effective.
2:52:44 PM
CHAIR HUGHES remarked that she would like Ms. DiPietro to
testify. She expressed concern that time is running low since
some members have another committee meeting.
SENATOR MICCICHE said he is interested in Ms. DiPietro's report.
He asked if she could come back and provide more data.
CHAIR HUGHES agreed to try to do so.
2:53:51 PM
MS. DIPIETRO responded that the first part of her presentation
would be about the processing of sex offense cases. The
legislature asked the Criminal Justice Commission to provide a
report, which she anticipated would be completed in the next
couple of months. The information in her presentation is
included in the report.
CHAIR HUGHES appreciated knowing that; however, the committee
does not have a couple of months to wait for the information.
She offered to try to have her return.
2:54:52 PM
MICHAEL DUXBURY, Deputy Commissioner, Department of Public
Safety (DPS); Executive Director, Alaska Judicial Council,
Anchorage, presented the Uniform Crime Reporting Annual Report.
He said that he was a 30-year trooper whose emphasis was drug
enforcement. He said he was the supervisor for the drug
enforcement unit and the Alaska Bureau of Investigation. In
response to Senator Shower's earlier comments he said is not a
scientist. However, he could provide members with feedback from
officers who are the "boots on the ground." He said that Captain
Case related the rationale behind an increase in the penalties
for drug possession. For example, individuals could have 2.5
grams of opioids in possession, but only receive a citation. He
explained that an inertia developed with passage of Senate Bill
91, in part, because officers could make arrests, but it was not
beneficial to do so because they did not have leverage for
offenders to seek treatment or assist law enforcement.
He said that what drives property crimes of all types is heroin
and opioids and what drives violent crimes is methamphetamine,
followed by opioids. He characterized this as a correlation, not
causation of crime.
2:57:30 PM
MR. DUXBURY reported that a dip in crime occurred in 2011 when
the state had a robust program on education and a motto, "Choose
Respect." After Senate Bill 91 passed in 2016 the [criminal
justice system] suffered budget cuts. This meant that state
agencies were not able to sustain educational components, which
he emphasized as really important to teach youth how not to get
involved [with drugs and crime]. The opioid crisis also [fueled
crime] and law enforcement officers always found
methamphetamines in conjunction with opioids. The source of
opioids is outside Alaska, he said. In 2006, the legislature
helped law enforcement get control [of the opioid flow] when it
required these drugs be placed behind the counter. Still,
Alaska's methamphetamine prevalence is almost five times as much
as opioids. Methamphetamine use drives crime and assault, he
said.
MR. DUXBURY highlighted another significant issue known as
"catch and release" in the law enforcement community and by the
public. He said that law enforcement was unable to make a dent
in the "quality of life issues" [or public peace of mind]
because of crime related to illicit controlled substance abuse
and trafficking. As [methamphetamine and opioid use] ramped up,
law enforcement officers began to see an increase in vehicle
theft. For example, addicts stole vehicles and sold them for
$300 to buy drugs. He said people should have compassion for
those addicts, but also for victims who were dramatically
impacted by drug-related crimes. He acknowledged the rationale
that criminals in possession of 2.5 grams would not deal drugs.
However, 2.5 grams of heroin is 25 doses, which may also contain
fentanyl. Decriminalizing drug possession of 2.5 grams often
resulted in addicts keeping a few doses for their personal
addiction but selling the rest.
3:00:37 PM
MR. DUXBURY emphasized the need to make changes in the crime
bills. He related scenarios to illustrate problems law
enforcement officers face, including that some offenders commit
three or four crimes in 10 days. People would call to inform
police that they have a crack house, a meth house or drug dealer
on their streets. This type of criminal activity adversely
affects people and families in neighborhoods. For example, a
drug dealer might be making a deal in a supermarket parking lot
and people are thrust into those types of criminal situations
just going to the store. He characterized these occurrences as
"quality of life" issues. Further, when the public does not
believe law enforcement is able to help them, law enforcement
officers become demoralized and that creates inertia within the
criminal justice system. He characterized it as "institutional
inertia" when the criminal justice system simply did not have
the discretion or tools it had pre-Senate Bill 91. For example,
prosecutors might not be available on Friday nights or have
sufficient resources to prosecute drug or other cases because of
the increased crime level. He recalled cases in which criminals
would take eight ounces [of controlled substances] and an ounce
of methamphetamine into a village in Western Alaska near Nome.
These offenders with prior criminal histories were arrested and
within 30 days they would be back on the streets doing the same
thing. He emphasized that this was the major impact that Senate
Bill 91 had on the public and the criminal justice system.
3:03:08 PM
CHAIR HUGHES thanked him for his perspective on crime and for
explaining why these bills are so important. She asked whether
data was recorded and reflected in the UCR for calls troopers
were unable to respond to because of the high volume of criminal
activity. She acknowledged his experience as a trooper. She
expressed an interest in his sense of how much crime is
unreported because of public frustration at the unresponsiveness
of law enforcement to their calls.
MR. DUXBURY responded that he fielded calls in his role as
commander and routine calls to the trooper offices. People have
said they did not report crimes because nothing gets done and
they would rather handle it themselves. This was evidenced in
Anchorage when some people started their own patrol units. He
acknowledged that he could not provide figures. However,
anecdotally he believed that people stopped calling troopers.
Further, they blamed law enforcement when they were victimized
and law enforcement officers [told them that they could not make
arrests.]
3:05:17 PM
CHAIR HUGHES asked whether calls that come in are reported to
the database even if the trooper does not respond. She further
asked whether local police report calls even if they cannot
respond.
MR. DUXBURY related his understanding that local police collect
information as the calls come in and the information is
captured. He related that not all information is reported to the
UCR, but it is captured.
3:06:00 PM
SENATOR REINBOLD recalled predictions of the adverse effects of
downgrading possession of 2.5 grams [of controlled substances]
during the hearings on Senate Bill 91. She said returning tools
to law enforcement would be a good start. She said she reviewed
criminal justice reform in California. She recalled a mayor in
Los Angeles said the criminal justice system is so broken it was
difficult to figure out how to fix it. She said that crime is
rampant and 60,000 homeless people live on skid row. She offered
her belief that it starts with the homeless and then spirals
down. California is a horrible example to follow, she said. She
hoped Alaskans will be able to get criminal justice and victim
justice under control. She said the Senate Labor and Commerce
Standing Committee will consider vehicle theft and perhaps can
hold a joint meeting with this committee to address it. She
concluded by applauding Mr. Duxbury's testimony.
MR. DUXBURY said the Department of Public Safety (DPS)
administration's mission is to find the best ways to support law
enforcement staff to be successful. He said nothing the
department does happens in a vacuum, and the department uses its
state, local, and tribal partners to help achieve success. He
said that giving tools back to law enforcement can help the
agency become successful. He pointed out the cost of crime,
which represents $61 million out of the people's pockets. Since
the state is also number one in sexual assaults, it is time to
provide law enforcement with appropriate resources to serve the
people.
3:10:02 PM
CHAIR HUGHES acknowledged those are two key takeaways. She said
beyond the $61 million in crime costs, the public also absorbs
costs for therapy and increased insurance rates. She said the
[committee and legislature] wants to provide tools for success,
but ultimately for the department to carry out its mission for
public safety.
3:10:35 PM
SENATOR MICCICHE remarked that the committee did not get a
chance to hear the presentation by the Alaska Criminal Justice
Commission. He acknowledged that as the legislature considered
Senate Bill 91, it reviewed statistics on incarceration, which
was sold as a reduction in crime. The state now has fewer
criminals in jail, but we now know that fewer criminals in jail
does not correlate to reduced crime.
He related his understanding that previously the DPS was not
free to openly discuss issues it had, but it appears that the
agency can now do so. He asked whether the department was
willing to give the legislature its priorities in the crime
bills that will help make law enforcement's job easier. He
acknowledged that many of the provisions in the bills are
prosecutor oriented. He said that the committee would like to
hear "from the street" what is most frustrating and how the
legislature can best help in the legislation.
3:12:17 PM
SENATOR KIEHL said he thought the discussion has been
interesting. He said he looked forward to receiving more data
from the Criminal Justice Commission. He said the evidence
provides some hints about what might work. He said that it is
pretty clear from what the committee heard today that increased
sentences did not drive down crime. He acknowledged that in some
instances that may work. When evidence shows it works, it is
important to make those changes to create fewer victims, but
without evidence he was not sure that is the direction to head.
He appreciated Captain Case's testimony that targeting resources
has made a difference in Anchorage. He hoped that the
legislature would take a hard look at where that can be
extrapolated so we have fewer victims throughout the state. He
said Captain Chase said it well, that a one size fits all
approach does not seem to make a lot of sense.
SENATOR SHOWER said he did not have any further comments to
make.
3:13:34 PM
CHAIR HUGHES reviewed upcoming committee announcements.
3:13:58 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Judiciary Standing Committee
meeting at 3:13 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| DPS Crime in Alaska Presentation 02.20.19.pdf |
SJUD 2/20/2019 1:30:00 PM |
|
| 2017-Felony-Level-Sex-Offenses.pdf |
SJUD 2/20/2019 1:30:00 PM |
|
| ACJC - criminal justice data for SJUD.pdf |
SJUD 2/20/2019 1:30:00 PM |