Legislature(2019 - 2020)BELTZ 105 (TSBldg)

02/20/2019 01:30 PM JUDICIARY

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Audio Topic
01:33:14 PM Start
01:33:36 PM Presentation: Uniform Crime Reporting Program
02:31:01 PM Presentation: Alaska Criminal Justice Commission
03:13:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentations: TELECONFERENCED
- Alaska Judicial Council by Suzanne DiPietro
- Uniform Crime Reporting Annual Report by Kathy
+ Bills Previously Heard/Scheduled 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                                                                                                            
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                                                              
LISA PURINTON, Program Coordinator                                                                                              
Criminal Records and Identification Bureau                                                                                      
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Presented the  Uniform Crime Reporting Annual                                                             
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;                                                                                                    
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                                                             
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                                                                                
                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                                                                    
     Summary Reporting System (SRS) - 1930s                                                                                     
     ?Currently used in Alaska                                                                                                  
     ?Summarized view of an  incident with minimal reporting                                                                    
     National Incident Based Reporting System (NIBRS) 1980s                                                                     
     ?  FBI will  only accept  NIBRS data  as of  January 1,                                                                    
       ? 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                                                               
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                                                               
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                                                               
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:                                                                                          
     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                                                               
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                                                               
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                                                               
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-                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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                                                                    
     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                                                               
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                                                               
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                                                                    
     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                                                                    
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                                                                    
     "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                                                                    
     "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                                                                           
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                                                               
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                                                                          
        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                                                               
     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                                                                       
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                                                               
2:27:03 PM                                                                                                                    
MS. MONFREDA reviewed Resources on slide 19:                                                                                    
     Crime in Alaska Publications:                                                                                              
          FBI's Crime Data Explorer:                                                                                            
          Kathryn Monfreda                                                                                                      
          Bureau Chief, Division of Statewide Services,                                                                         
          Department   of   Public   Safety,   269-5581   or                                                                    
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                                                               
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                                                               
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                                                                               
   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                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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                                                                     
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