Legislature(2009 - 2010)BELTZ 211
02/11/2009 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR3 | |
| Overview: Department of Public Safety | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | SJR 3 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 11, 2009
1:31 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Kim Elton
Senator Lesil McGuire
Senator Gene Therriault
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 3
Relating to carrying firearms in national parks.
MOVED SJR 3 OUT OF COMMITTEE
Overview: Department of Public Safety by Commissioner Joseph A.
Masters
HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record.
WITNESS REGISTER
JOSEPH A. MASTERS, Commissioner
Department of Public Safety
Anchorage, AK
POSITION STATEMENT: Delivered an overview of the Department of
Public Safety.
COLONEL AUDIE HOLLOWAY, Director
Division of Alaska State Troopers
Department of Public Safety
Anchorage, AK
POSITION STATEMENT: Responded to questions related to the
overview of the Department of Public Safety.
DANIAL SPENCER, Director
Division of Administrative Services
Department of Public Safety
Anchorage, AK
POSITION STATEMENT: Responded to questions on the Department of
Public Safety overview.
ACTION NARRATIVE
1:31:09 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Therriault, Wielechowski, Elton and French.
Senator McGuire arrived soon thereafter.
SJR 3-FIREARMS IN NATIONAL PARK
1:31:52 PM
CHAIR FRENCH announced the consideration of SJR 3, which was
held over from the last meeting to give members an opportunity
to think over the policy it urges. Finding no questions, he
asked for a motion.
1:32:05 PM
SENATOR THERRIAULT moved to report SJR 3 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, it was so ordered.
1:32:05 PM at ease to sign papers.
^Overview: Department of Public Safety
1:34:31 PM
CHAIR FRENCH announced the next order of business is to hear an
overview of the Department of Public Safety by Commissioner
Masters.
JOSEPH A. MASTERS, Commissioner, Department of Public Safety
(DPS), described the PowerPoint as an informational brief that
outlines aspects of the department. He provided the committee
with copies of the Council on Domestic Violence & Sexual Assault
(CDVSA) FY2009-2019 Strategic Plan along with several CDVSA data
sheets.
COMMISSIONER MASTERS named the divisions within the DPS
including the Division of Administrative Services, the Division
of Statewide Services, the Division of Fire and Life Safety, the
Division of Alaska State Troopers, and the Division of Alaska
Wildlife Troopers. Administratively housed within DPS are the
Alcoholic Beverage Control Board ("ABC Board"), the Alaska
Police Standards Council (APSC), and the Council on Domestic
Violence and Sexual Assault (CDVSA). The format of the
presentation is that primary functions of the divisions are in
the left column and highlights are on the right.
CHAIR FRENCH said he found the format to be extremely useful.
COMMISSIONER MASTERS relayed that in 2008 the Division of Alaska
State Troopers (AST) responded to more than 119,000 calls for
service, about 10 percent of which were later referred to the
justice system for prosecution. In 2008, 13 homicides were
investigated, all of which have been solved. The bureau of
investigations also assists other entities with investigations;
currently about six are ongoing. There is a cold case unit with
four homicide investigators working 72 cases. To date they have
closed 29 cold cases and expect to close more in coming months.
1:39:09 PM
SENATOR ELTON asked if a closed cold case means that there was
an arrest and referral for prosecution or that DPS closed the
case because of diminishing returns.
COMMISSIONER MASTERS explained that DPS classifies a case as
closed when it's solved, but that doesn't necessarily mean that
a criminal case is brought. The suspect may be deceased, for
example. Several, such as the Bonnie Craig homicide, have been
high profile.
1:39:43 PM
CHAIR FRENCH noted that Senator McGuire had joined the
committee.
COMMISSIONER MASTERS highlighted the declines in marijuana
growing and meth [methamphetamine] lab cases and increases in
heroin, OxyContin and other drug import cases. Fewer meth lab
cases does not mean less drugs on the street, it's that there
are other venues for importation. That could account for the
increase in drug importation seizures.
CHAIR FRENCH said it makes sense with meth that the laws
tightening access to the raw ingredients have made it more
difficult to manufacture meth at home. To the extent that the
amount of meth is steady, it just means that more is imported.
With respect to marijuana he asked if he would contend that less
is grown statewide, that it's not being detected or that more is
being imported.
COMMISSIONER MASTERS replied it can be difficult to determine,
but one factor could be that huge resources are being diverted
to take care of meth labs leaving fewer officers to handle drug
and other offenses. He doesn't suspect that less marijuana is
being grown in Alaska.
CHAIR FRENCH speculated on the difficulty of measuring effort.
COMMISSIONER MASTERS responded they've tried to judge that by
looking at the value of the seizures. Last year, the value of
illegal drugs taken off the street is estimated at $19 million.
CHAIR FRENCH asked for an email follow up on how that compares
to other years.
COMMISSIONER MASTERS noted that there were 291 alcohol
importation arrests last year - an increase of over 30 percent
from 2007. He's cautious about attaching numbers but it appears
that in Alaska State Trooper areas, sexual assault and sexual
abuse of a minor cases decreased by a noticeable margin between
2007 and 2008. It's not clear whether crimes have been displaced
to other areas such as Anchorage and Fairbanks. "We don't have
numbers that we can report to you regarding how many cases or
what kind of trends Anchorage or Fairbanks has been experiencing
over this past year."
1:44:30 PM
CHAIR FRENCH said from his perspective this is just the
beginning of what he intends to be a long dialog between this
committee, DPS, STAR, and others. "It galls me that we still
have a horrible sex assault and sex abuse of a minor rate in
this state." He intends to work on this until there's nothing
more to be done or his time in office is over. "I hope that we
can work together on that and learn as much as we can and figure
out what we're doing wrong. … I want to figure out what we can
do better."
COMMISSIONER MASTERS continued with the presentation. Prisoner
transports increased to over 67,000 in 2008. Recently the
department identified seven trooper positions that were
primarily dedicated to doing court service officer (CSO)
functions such as transports, serving writs and protecting
courtrooms. Seven CSOs were reallocated to those positions
thereby freeing seven troopers to provide law enforcement
services. There were two conversions in Bethel, two in
Nome/Kotzebue, one in Dillingham, one in Kenai and one in Anchor
Point.
CHAIR FRENCH asked if those were new positions or if personnel
were moved from one place to another.
COMMISSIONER MASTERS explained that the original thought was to
convert vacant trooper positions to CSOs and potentially put the
troopers back on the street more quickly.
1:47:10 PM
SENATOR ELTON asked if the judiciary RSAs (Reimbursable Services
Agreement) money back to DPS for the services it provides or if
it's an item in the DPS budget.
COMMISSIONER MASTERS replied it's a budget item because DPS is
statutorily responsible for prisoner transports and courtroom
security.
SENATOR ELTON said he'd be interested in the history because it
seems that there would be some sort of arrangement if one branch
of government is providing security to another. He suggested Mr.
Spencer might send a response to the committee.
CHAIR FRENCH agreed it would be fine to send the information
through his office.
COMMISSIONER MASTERS explained that in 2008 the division
conducted about 740 search and rescue (SAR) operations,
resulting in 289 saved lives. A new plan in 2009 is the creation
of the Bureau of Highway Patrol. It will focus highway safety
efforts, collaborate with other agencies in regions with high
traffic fatality rates and collaborate with the Alaska Highway
Safety Office.
CHAIR FRENCH reemphasized that 2009 is first year there is a
specific and separate Bureau of Highway Patrol.
COMMISSIONER MASTERS said yes. It's always been a core function
within the department and the trooper division, but early on
when the department's name was changed from the highway patrol
it lost that part of its identity. The responsibilities were
placed on individual detachments and the idea here is to
coordinate the efforts and carry the highway safety plan and
other safety initiatives forward.
CHAIR FRENCH asked him to follow up with data to tell whether or
not the increased safety efforts on the road between Anchorage
and Girdwood have made a difference. The only evidence he has is
anecdotal.
COMMISSIONER MASTERS replied he can say from experience and
studies that increased law enforcement presence does change
driving behavior.
CHAIR FRENCH commented that there's something about seeing
another person getting pulled over that makes you mind your
manners.
1:51:49 PM
COMMISSIONER MASTERS highlighted the highway safety corridors
awaiting implementation and emphasized that they don't make
sense without an enforcement component. Continuing with the
PowerPoint, he reported that in 2008 there were 62 highway
fatalities, 19 of which were alcohol-related. Currently AST has
22 vacancies and the Alaska Wildlife Troopers (AWT) has 5. DPS
anticipates those positions will be filled from the academy and
from lateral hires.
CHAIR FRENCH asked if he's saying he expects to have all
positions filled by the end of 2009.
COMMISSIONER MASTERS said yes; the commendation goes to Colonel
Holloway, his recruitment team and the troopers who are doing
recruitments.
CHAIR FRENCH extended congratulations.
1:54:09 PM
SENATOR ELTON asked where the recruits are coming from.
COMMISSIONER MASTERS said it's a combination of in-state and
out-of-state applicants. "We have several in-state lateral hire
applicants that are already certified police officers, but
several from out-of-state as well."
SENATOR ELTON noted that DPS hiring success has sometimes been
difficult for community police departments.
SENATOR WIELECHOWSKI asked how AST per capita numbers compare to
those recommended by national organizations.
COMMISSIONER MASTERS replied there isn't consensus and it can
vary depending on whether you're talking about a municipality or
a rural county. The range is from 1 per 1,000 to 3 per 1,000.
Some of the difficulty DPS deals with is geography and the time
it takes to respond. They also consider the impact of other
officers in the area whether they're VPSOs, tribal police
officers or village police officers. Colonel Holloway has done
work internally, but we could also use some help from outside
the agency to come up with accurate numbers, he said.
1:57:21 PM
SENATOR WIELECHOWSKI said he'd be interested in the data DPS has
compiled because he's heard the state is hundreds of officers
short. He then asked how many people are coming in to fill
positions from out of state.
COMMISSIONER MASTERS offered to supply the information.
SENATOR WIELECHOWSKI asked what it costs to train a state
trooper.
1:58:16 PM
DANIAL SPENCER, Director, Division of Administrative Services,
Department of Public Safety, said it costs about $9,500 to send
a trooper through the academy, not including equipment costs. He
offered to get exact figures.
SENATOR WIELECHOWSKI said he'd also like to know what the
retention rate is for out-of-state recruits, particularly those
assigned to Bush posts.
COMMISSIONER MASTERS suggested that Colonel Holloway could offer
his observations if not numbers.
1:59:08 PM
COLONEL AUDIE HOLLOWAY, Director, Division of Alaska State
Troopers, Department of Public Safety, said he doesn't know
exactly how many out-of-state recruits "make it" particularly
when they're assigned to rural posts. The completion rate thru
the academy is 74 percent and the completion rate through field
training is 83 percent.
SENATOR WIELECHOWSKI asked if the salaries and wage packets are
sufficient to attract and retain troopers, particularly when
compared to the Anchorage and Fairbanks police departments.
COMMISSIONER MASTERS acknowledged that making more money is a
consideration and the Anchorage Police Department (APD) does pay
more. He offered to provide numbers on how many troopers have
gone to other agencies and the APD for a higher salary.
SENATOR WIELECHOWSKI said he would like to see that data.
2:01:12 PM
SENATOR MCGUIRE asked him to expand on efforts in rural Alaska
to address sexual assault and sexual abuse of minors.
COMMISSIONER MASTERS said a number of things are occurring, some
are new. A key to providing better service is to have all
positions filled. That is happening but it will take awhile for
it to filter into rural Alaska. The AST/CSO conversions he
mentioned will have a more immediate effect because that will
put seven people into position to do investigations. In areas
like Bethel and Nome the two extra people primarily will be
doing felony investigations, which will be significant. They are
also continuing sexual assault and domestic violence training of
officers, advocates and judges to better coordinate
investigations. As a result of collaboration the quality of
investigations and the service to victims is getting better.
2:04:05 PM
CHAIR FRENCH informed the committee that there will be a hearing
soon to talk about what happens between the 1,000 cases that are
investigated and the 200 convictions that result - where cases
fall out of prosecution and conviction.
SENATOR MCGUIRE observed that prevention or intervention at the
right time makes the difference. Often, troopers are the only
lifeline in rural areas and she believes that they might play a
broader role than just the traditional response and
investigation. It's something to think on because this is an
epidemic, she said.
COMMISSIONER MASTERS replied something DPS could do better is to
collaborate with entities that are involved in prevention,
victimization and prosecutions. Investigating and gathering
evidence for prosecution is the primary focus but they can and
do work outside those confines. The Council on Domestic Violence
& Sexual Assault (CDVSA) strategic plan outlines the entities
that are working together to do just what you're talking about,
he said. It talks about prevention, providing shelters and
services to victims, where to get immediate assistance, and
holding perpetrators accountable. It involves the advocates,
police entities, courts and prosecutors to figure out how to
move forward on a broad scale and attack the problem.
2:08:28 PM
SENATOR ELTON said it's important to note that particularly with
sexual assault and sexual abuse cases, the reports represent
just a small percentage of the incidents. Thanks also go to
Deputy Commissioner Glass who was instrumental in getting the
various groups together to talk about the spectrum rather than
just the investigation at the end. "I just really appreciated
his work," he said.
COMMISSIONER MASTERS acknowledged Colonel Holloway's good work
as well and noted that wildlife troopers also attended the
training. "The department is fully involved and fully engaged."
SENATOR MCGUIRE commented that Alaska is the premier in so many
areas and she would very much like it to have the best strategic
plan for preventing sexual abuse and assault. She looks forward
to more dialog.
CHAIR FRENCH added that it's a long-term effort.
2:11:35 PM
COMMISSIONER MASTERS said DPS has 10 contracts with nonprofit
corporations to administer the VPSO program filling 51 positions
statewide. Initially 59 were hired to attend the VPSO academy
but seven resigned; high attrition out of the academy is a
continual problem. The FY09 budget authorizes 60 VPSO hires.
CHAIR FRENCH asked if that's 60 new positions or to bring the
total to 60.
COMMISSIONER MASTERS clarified that it's to bring the total
number to 60. The VPSO program is a little different than the
trooper program in that the number of VPSO positions rise and
fall according to the available money. Significant things within
the program include increasing pay from $17 per hour to $21 per
hour. Coupled with continued funding for probation and parole
responsibilities, individual VPSOs can start out making about
$23 per hour. The increased wage has brought increased interest.
CHAIR FRENCH suggested that with the current economic conditions
DPS could recruit in the Lower-48.
COMMISSIONER MASTERS said that VPSOs that understand the
communities and life in rural Alaska stay longer. They continue
to take advantage of federal grants to assist with equipment,
supplies and VPO (village police officer) training in villages.
Last year there were 2,340 village oversight visits to support
VPSOs and they'll continue to strive for more.
SENATOR ELTON asked if that number is up or down over the last
five or six years.
COMMISSIONER MASTERS replied it's up a bit.
CHAIR FRENCH asked if the visits are to show a presence and not
to investigate or make an arrest.
COMMISSIONER MASTERS clarified that they're for both. If a VPSO
has a problem that required a trooper response, that would be
counted as an oversight visit. If a trooper were to provide one-
on-one training or mentoring, that too would count.
2:17:16 PM
CHAIR FRENCH recalled that during the VPSO task force there was
a recurring cry from four rural villages for more trooper
visits.
COMMISSIONER MASTERS highlighted a study by the UAA Justice
Center from the early 1990s that talked about VPSO retention
issues. It outlined different factors that contributed to VPSO
retention including: wages, support from the nonprofit employer,
support from AST and support from the community.
Over the past several years, VPSOs have received increased
training in DUI [driving under the influence], domestic
violence, and sexual assault enforcement. Last year, VPSOs
conducted 238 domestic violence and assault arrests, which is up
51 percent from the previous year, and 57 DUI arrests, which is
up 63 percent from previous years. VPSOs are becoming more
effective and it's taking the burden off of troopers.
CHAIR FRENCH asked who pays for the D.A.R.E. program and
questioned whether it really works.
COMMISSIONER MASTERS conceded that there is controversy over how
effective it is, but it does have the benefit of getting
positive interaction between officers and kids. If that
interaction reduces criminal acts later on or if it sparks
interest in law enforcement as a profession, that's a huge
benefit.
CHAIR FRENCH applauded the efforts to go to the schools and make
friends with the kids, but he just doesn't know if the D.A.R.E.
program makes a difference. "Maybe you could do exactly what
you're doing now as far as community integration and familiarity
without the program and be money ahead."
COMMISSIONER MASTERS reported that most of the program is funded
with federal grant money.
CHAIR FRENCH suggested that it's something for further
conversation.
MR. SPENCER added that a lot of the funding for D.A.R.E. comes
from the nonprofit via private donations.
2:21:51 PM
COMMISSIONER MASTERS said Alaska Wildlife Troopers (AWT) no
longer operate under the Alaska State Troopers. In 2008, the
wildlife troopers conducted over 58,000 resource-user contacts,
which are up from the previous year. The violation to contact
ratio is 8.5 percent for 2008, which is a decrease from the
previous year. It appears that contacts reduce violations.
Another fairly new area for wildlife troopers is recreational
boater safety. In 2008 they had about 8,200 contacts. The number
of recreational boating deaths in 2007 was 17, and in 2008 it
was 12. The decline has been steady and can be attributed to the
combined efforts of the U.S. Coast Guard, Department of Natural
Resources, and the Boating Safety Program.
COMMISSIONER MASTERS said the AWT continues its cooperative
efforts with the U.S. Fish and Wildlife Service and the National
Marine Fisheries Service (NMFS). A joint enforcement agreement
protects fisheries primarily in areas of joint jurisdiction and
funds public safety technicians. AWT this year wants to focus
more on wild fish stock protection as opposed to hatchery fish.
For example, less focus on Ship Creek hatchery fish and more
focus on the protection of wild streams. There's an increase in
the computer forensics component of wildlife investigations. As
wildlife violators use more technology, more of that technology
can be used as evidence of the violation.
2:25:57 PM
SENATOR ELTON compared the 119,000 AST calls for service and the
58,000 AWT resource-user contacts and assumed that the
difference is that the state troopers are reacting to reports
while the wildlife troopers may, for example, be contacting 500
people on the Kenai River in the course of a day.
COMMISSIONER MASTERS replied all AWT contacts, whether they
generate a case or not, are tabulated as a contact.
CHAIR FRENCH suggested he skip ahead to page 7, Statewide
Services.
COMMISSIONER MASTERS described the Division of Statewide
Services as the backbone of the department. It provides the
network for information, data storage, and implementation of new
technologies that affect trooper efficiency. The Alaska Public
Safety Information Network (APSIN) re-design is almost complete.
Mr. Schade the director of statewide services could provide
further information.
CHAIR FRENCH said he's interested in knowing if this is the
final year in which an appropriation is being sought to complete
the work to re-design APSIN and if the funding is enough.
MR. SPENCER relayed that the capital budget has a $2 million
final funding general fund request for the project, which is
sufficient to finish the design.
2:29:29 PM
COMMISSIONER MASTERS said the Division of Statewide Services is
continuing to phase in mobile data terminals in vehicles and to
hand carry on rural service calls. Also they are continuing with
in-car video (iCOP) and the records management system to tie in
to the information sharing system known as ALEISS [Alaska Law
Enforcement Information Sharing System]. There is a budget
request item for that, he said.
CHAIR FRENCH said he received an overview of the history of the
project in Anchorage before the session started. He was told of
the plan to try and replace federal funds with state funds this
year to keep the project going.
COMMISSIONER MASTERS said they've also applied for other federal
funding grants. It's an important program that DPS relies on
heavily.
CHAIR FRENCH emphasized the need to have people talk to each
other through computer networks. Returning to the discussion
about APSIN, he referenced a recent case in Anchorage where a
man was arrested and charged with sex assault in what turned out
to be an unquestionably false charge. He said he wants to start
a dialog about what you do about that innocent person who now
has an arrest record for sex assault. He understands that
records are not expunged and wonders how you make it right with
that person. He asked if some states have methods of expunging
records, if Alaska has ever done so.
COMMISSIONER MASTERS explained that there is a mechanism for
people to have their records sealed in APSIN under specific
circumstances so that their name would not come up on a records
check. One of those circumstances is where the allegations were
patently false. If the person is unquestionably innocent, the
record is removed from APSIN. However, DPS does not have the
authority to remove those records from other systems. The court
system or APD , for example, may still have the name in their
records system.
2:34:07 PM
CHAIR FRENCH asked if his authority to remove a name is placed
in regulation or statute.
COMMISSIONER MASTERS replied it's in statute. He offered to
provide specifics and added that DPS did send a packet [to
expunge] through in the case he cited.
CHAIR FRENCH said he's happy to hear that, and if someone would
point him to the specific statute he'd like to take a look.
COMMISSIONER MASTERS continued. The noncompliance rate of
registered sex offenders is about 5 percent. There are 2,458
registered sex offenders and 7,802 concealed handgun permittees.
The Automated Fingerprint Identification System processed over
60,000 fingerprint cards last year; 26,000 were for criminals.
The remainder are applicant cards for background investigations
for things like teachers, bus drivers and security guards.
SENATOR WIELECHOWSKI noted that some people are concerned about
creating databases of personal biometric information and asked
what happens to the fingerprints of non-criminals.
COMMISSIONER MASTERS said he would have Director Schade provide
an answer as to what happens after the record check is
completed.
CHAIR FRENCH told him to direct the information to his office.
COMMISSIONER MASTERS said a significant challenge in the area of
information technology is data storage capacity, particularly
for digital video and photography. That issue will be reflected
in the DPS capital budget request.
2:37:31 PM
COMMISSIONER MASTERS highlighted the new Office of Professional
Standards under the commissioner's office that will focus on
administrative investigations as well as tracking and monitoring
complaints from all sources. Also DPS is looking at software to
track trends, identify training issues and to use as an early
warning tool to identify potential problem employees.
CHAIR FRENCH suggested they meet and talk about getting SB 19 to
mesh with the new office.
COMMISSIONER MASTERS agreed.
The Alaska Police Standards Council (APSC) was legislatively
expanded last year to include two line officers. APSC also has
accepted VPSO training toward basic police certification. The
Alaska Fire Standards Council is offering training and
certification to 6,100 career firefighters and volunteers. The
Council on Domestic Violence and Sexual Assault (CDVSA) provided
funding to 24 victim service programs across the state,
servicing over 8,000 victims. There's more detail in the CDVSA
Strategic Plan handout. 77 domestic violence/sexual assault
training sessions were conducted in partnership with DCVSA. Many
were conducted out of Colonel Holloways AST office for law
enforcement advocates, prosecutors and first responders.
The Alcohol Beverage Control (ABC) Board has a new director and
the investigative position has been changed to full-time.
SENATOR ELTON asked if the ABC Board also has contract employees
who do investigations.
COMMISSIONER MASTERS said no, but some people who are not DPS
employees are used undercover to do sting operations.
In 2008 4,500 cases were submitted to the crime lab, and 78
percent were turned around within 30 days. Currently there is a
case backlog, but over the last year it's been reduced by more
than 24 percent. In large part that's because the lab has filled
all its vacant positions.
CHAIR FRENCH asked if forensic data is being sent Outside
because the Alaska crime lab is congested.
COMMISSIONER MASTERS replied DPS has an agreement with a
Washington state lab to do toxicology and blood screening. It's
about 300 cases a year.
CHAIR FRENCH mentioned an email and asked if the Washington lab
analyzes blood samples from accidents or DWIs.
COMMISSIONER MASTERS deferred to the lab director; he doesn't
have the specific answer.
CHAIR FRENCH said it's more a curiosity and he learned what he
needs to know, which is that the email is true. He assumes that
it's just a function of the lab being overwhelmed with work.
COMMISSIONER MASTERS replied it all comes down to capability if
you don't have the space or location.
The CODIS (Combined DNA Index System) sample backlog was 8,000
several months ago and now it's 6,000. Because the lab positions
have been filled, the expectation is that the backlog will be
eliminated by July of this year.
2:44:58 PM
CHAIR FRENCH noted that some informed observers have said that
the new crime lab is too large to be achievable. He asked if
there is any thought about scaling back from $100 million.
COMMISSIONER MASTERS said there is an ongoing validation study
to answer that sort of question. He conceded that some call the
current plan the Taj Mahal of labs while others say that it will
be at capacity in a few years. The opinions range widely. The
reality is that there is need for a new lab, but in these
economic times it might not need to be quite so big. The
validation study will look at the assumptions that were made on
need and if those are correct it will look to see if the size of
the lab is also correct. It makes sense to build out for the
future, but the size must be correct. We're waiting on the
review, he said.
2:47:34 PM
CHAIR FRENCH asked when he expects the study to be finished.
COMMISSIONER MASTERS replied it was supposed to be ready by the
end of January, but they're still waiting on the executive
summary of the review. That could be finished this week or next.
An emerging trend is the advancements in DNA testing. "Low-copy"
and mitochondrial DNA testing are new and much more effective,
but the existing lab doesn't have the space to support these
procedures. DNA testing is also used more frequently to solve
cold cases and post conviction. Future DNA testing is discussed
in many regards including property crimes.
CHAIR FRENCH expressed interest in the outcome of the Osborne
case with respect to new requirements for holding evidence for
potential retesting.
COMMISSIONER MASTERS highlighted the two pages of data on sexual
assault and sexual abuse of a minor cases that DPS investigated
between 2000 and 2008 that's broken out by census areas. Overall
there is a decrease over the years.
2:50:47 PM
SENATOR ELTON noted the imbalance in the numbers for Anchorage,
Fairbanks North Star and Juneau in particular, and asked if
troopers are investigating cases in Fairbanks that are also
being investigated by a municipal police department.
COMMISSIONER MASTERS explained that the numbers only include
reports and investigations within AST's jurisdiction.
SENATOR ELTON observed that the Fairbanks North Star census area
isn't the borough so the numbers are driven by things that are
happening outside the borough.
COMMISSIONER MASTERS said that's correct; the data reflects
cases that are within the AST jurisdiction and responsibility.
CHAIR FRENCH asked where he could get aggregated statewide
numbers that include all municipal and DPS investigations.
COMMISSIONER MASTERS replied the FBI Uniform Crime Report (UCR)
statistics is one area, but that information might be up to 18
months old. DPS prefers to use more current numbers to get a
better picture of what's happening today.
CHAIR FRENCH recapped that APD reports crimes to the FBI and
that data sits for 18 months before the public or policy makers
can look at them.
COMMISSIONER MASTERS said he isn't sure if the 2007 FBI UCR
statistics are available but he knows that 2008 data isn't
available.
COLONEL HOLLOWAY confirmed that the UCR statistics are delayed
because it takes time to report and compile the data. Small
agencies in particular take a lot of time to report.
COMMISSIONER MASTERS cautioned that the numbers on the data
sheets are only for the AST. The numbers show what's happening
in the jurisdictional areas in the cases AST is investigating,
but it doesn't show trends for the Anchorage Police Department
(APD), for example. APD may be experiencing an increase in cases
while AST is seeing a decrease.
CHAIR FRENCH observed that DPS also reports to the FBI so once
all the reports are compiled, it gives an integrated statewide
look.
COLONEL HOLLOWAY highlighted the difference in the way the FBI
classifies the information. The UCR counts forcible rape of a
woman in the statistics but there is no parallel tracking for
many of the other sexual assault charges that AST investigates.
CHAIR FRENCH said he appreciates the highlight.
COMMISSIONER MASTERS noted that 9 of the 13 homicide
investigations last year were domestic violence related. In
another coordination effort, investigators are sometimes located
in child advocacy centers (CAC), which makes it more effective
for prosecutions and evidence gathering and it's much easier on
victims.
CHAIR FRENCH asked if there's a new CAC in Fairbanks; he
attended the opening of the new Anchorage CAC about a year ago.
COLONEL HOLLOWAY explained that AST began co-locating
investigators in the Fairbanks CAC in the middle of last year.
2:56:50 PM
COMMISSIONER MASTERS described the successful relationship
between DPS and UAA, utilizing the UAA Justice Center to analyze
crime trends. One study looked at all 2003-2004 trooper cases
for domestic violence/sexual assault. Now discussions are
underway to expand to a running real-time study to look at
emerging trends so that the information can be used immediately.
CHAIR FRENCH referenced the final bullet point and asked what he
hopes will come of the UAA Justice Center Study on sexual
assault and sexual abuse of a minor cases.
COMMISSIONER MASTERS replied they'll be able to see who the
victims are by cohort groups; they can see who the
suspects/assailants are by group; they can see where the
investigations and prosecutions may be breaking down; they can
see the number that are accepted for prosecution and how many
continue on to prosecution and conviction. The information will
be used to make improvements in the entire system.
CHAIR FRENCH asked who at UAA is heading the study.
COMMISSIONER MASTERS replied if they're able to pull it together
the participants will include AST, DPS, CDVSA, and probably Dr.
Rosay and Dr. Wood from the UAA Justice Center.
CHAIR FRENCH asked if it's still on the drawing board.
COMMISSIONER MASTERS said yes; they're putting the building
blocks together and exploring funding avenues.
CHAIR FRENCH asked if it's in this year's budget request.
COMMISSIONER MASTERS replied it's not that far along.
SENATOR ELTON asked what overhead the university charges for
this kind of study; he's heard it's about 40 percent.
MR. SPENCER replied he doesn't know.
3:00:49 PM
CHAIR FRENCH thanked the participants and adjourned the Senate
Judiciary Standing Committee meeting.
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