Legislature(2009 - 2010)BUTROVICH 205

01/20/2010 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
01:33:29 PM Start
01:34:10 PM Overview: Cost of Crime - Iser Recommendations and Update
03:03:31 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
+ Overview: Cost of Crime ISER TELECONFERENCED
Recommendations and Update
Stephanie Martin, Institute of Social and
Economic Research (ISER)
Joe Schmidt, Commissioner, Department of
Corrections
Dwayne Peeples, Deputy Commissioner,
Department of Corrections
Bryan Brandenburg, Deputy Director of
Institutions, DOC
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 20, 2010                                                                                        
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Dennis Egan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Ellis                                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Overview: Cost of Crime - ISER Recommendations and Update                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STEPHANIE MARTIN, Assistant Professor                                                                                           
Economics and Public Policy                                                                                                     
Institute of Social and Economic Research (ISER)                                                                                
University of Alaska Anchorage (UAA)                                                                                            
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Presented an overview of recommendations                                                                 
and updates to the ISER study on the cost of crime.                                                                             
                                                                                                                                
JOSEPH SCHMIDT, Commissioner                                                                                                    
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Provided information related to the cost of                                                              
crime overview.                                                                                                                 
                                                                                                                                
DWAYNE PEEPLES, Deputy Commissioner                                                                                             
Department of Corrections                                                                                                       
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information  related to the cost of                                                             
crime overview.                                                                                                                 
                                                                                                                                
BRYAN BRANDENBURG, Deputy Director                                                                                              
Division of Institutions                                                                                                        
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Provided information  related to the cost of                                                             
crime overview.                                                                                                                 
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:29 PM                                                                                                                    
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee  meeting   to  order   at  1:33  p.m.   Senators  Egan,                                                               
Wielechowski,  and French  were  present at  the  call to  order.                                                               
Senator  Ellis was  also present.  Senators  McGuire and  Coghill                                                               
arrived during the course of the meeting.                                                                                       
                                                                                                                                
   ^Overview: Cost of Crime - ISER Recommendations and Update                                                               
                                                                                                                                
CHAIR FRENCH  announced the business  before the committee  is to                                                               
hear an update  on a study on  the cost of crime  and whether the                                                               
state  can  reduce  future  crime and  save  money  by  expanding                                                               
education and  treatment programs. The Legislature  asked ISER to                                                               
do the study, which was completed a year ago.                                                                                   
                                                                                                                                
1:34:10 PM                                                                                                                    
STEPHANIE  MARTIN, Assistant  Professor of  Economics and  Public                                                               
Policy, University of  Alaska Anchorage (UAA), said  she works at                                                               
the Institute of Social and Economic Research (ISER).                                                                           
                                                                                                                                
1:34:30 PM                                                                                                                    
Senator McGuire joined the committee.                                                                                           
                                                                                                                                
MS. MARTIN explained that when the  study began in 2006 there was                                                               
a  general nationwide  shift to  look  at evidence-based  policy.                                                               
Policy  recommendations  are  tested   and  evaluated  much  like                                                               
medical treatments  to see  whether or not  the programs  have an                                                               
effect.  There's a  nationwide push  to fund  programs that  have                                                               
shown  effects, but  the caveat  is that  very few  programs have                                                               
been rigorously evaluated.                                                                                                      
                                                                                                                                
In  response  to  the  skyrocketing   cost  of  incarceration  in                                                               
Washington State, Steve Aos [with  the Washington State Institute                                                               
for  Public   Policy]  applied  a   cost  benefit   analysis  for                                                               
Washington to  that state's evidence-based  policy to see  if the                                                               
programs were  cost effective  and how  long it  took to  be cost                                                               
effective.  He found  that  a  lot of  the  programs that  reduce                                                               
recidivism would  be beneficial in Washington.  The programs that                                                               
were instituted are carefully monitored  and the model is changed                                                               
as needed.                                                                                                                      
                                                                                                                                
1:36:36 PM                                                                                                                    
CHAIR FRENCH asked  if the premise is that it's  a net benefit to                                                               
Alaska if  a program  reduces the  crime rate  and costs  less to                                                               
administer than $44,000/year.                                                                                                   
                                                                                                                                
MS.  MARTIN  said yes;  ISER  worked  with the  Criminal  Justice                                                               
Working Group to identify programs  for adults and juveniles that                                                               
prevent recidivism  and programs  that prevent people  from going                                                               
to prison  in the  first place. Within  those categories  some of                                                               
the adult programs  work inside prisons, some  - like therapeutic                                                               
court - bypass  prisons, and some - like  electronic monitoring -                                                               
provide an  alternative to prison.  For juveniles they  looked at                                                               
pre-school  education  as  a preventative  program  and  programs                                                               
designed  for juveniles  within  the  juvenile detention  system.                                                               
ISER found  that most programs  work and are cost  effective, but                                                               
the  greatest  cost  benefit  comes  from  programs  directed  at                                                               
juveniles.  However, juvenile  programs  take a  number of  years                                                               
before any benefit is reflected  in the prison system. The payoff                                                               
for investing in kids by enrolling  them in a Head Start program,                                                               
for example, is huge, but the  benefit may not be apparent for 15                                                               
years.                                                                                                                          
                                                                                                                                
MS.  MARTIN  said  nearly every  program  ISER  reviewed  reduced                                                               
recidivism and  there was no  shortage of  eligible participants.                                                               
Many  of the  programs have  a mental  health or  substance abuse                                                               
basis and  about 96  percent of  the incarcerated  population has                                                               
issues  with substance  abuse, mental  health  or both.  Although                                                               
there's no shortage  of people to participate  in these programs,                                                               
there aren't very many programs  in the system and it's difficult                                                               
to expand.                                                                                                                      
                                                                                                                                
ISER applied Alaska  cost and population data to  Mr. Oas's model                                                               
and  determined  that  it  would  be  highly  cost  effective  to                                                               
implement these  programs in  Alaska. ISER  concurs with  Mr. Oas                                                               
that it is a good  strategy to diversify treatment. People within                                                               
the   prison   population   have   many   different   needs   and                                                               
diversification provides balance.                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  why   Alaska  has  a  [67]  percent                                                               
recidivism rate.                                                                                                                
                                                                                                                                
MS.  MARTIN said  when  she  did the  recidivism  study with  the                                                               
Judicial  Council  they  were  looking at  new  crimes,  but  not                                                               
necessarily the  same type of  crime. Recidivism rates  are lower                                                               
for certain kinds of crimes.                                                                                                    
                                                                                                                                
CHAIR FRENCH  observed that  the figure may  be higher  than [67]                                                               
percent if returns for parole violations are counted.                                                                           
                                                                                                                                
MS. MARTIN  agreed; the study measured  new convictions, remands,                                                               
and arrests and 67 percent represents new convictions.                                                                          
                                                                                                                                
1:42:41 PM                                                                                                                    
MS.  MARTIN said  the prison  population increases  at about  the                                                               
same rate  as the state  population; it's predicted to  double in                                                               
the next  25 years  reaching 10,000. This  will require  at least                                                               
three new prisons.                                                                                                              
                                                                                                                                
CHAIR FRENCH asked  the cost of the new  Goose Creek Correctional                                                               
Center.                                                                                                                         
                                                                                                                                
MS. MARTIN  replied it  keeps going  up but  the current  cost is                                                               
$240 million. The  facility will house 1,500 inmates  and it will                                                               
be full when  it opens; the inmate population will  have grown by                                                               
600 and 900 prisoners will have returned from out of state.                                                                     
                                                                                                                                
SENATOR MCGUIRE asked  if traumatic brain injury  is considered a                                                               
mental health disorder.                                                                                                         
                                                                                                                                
MS. MARTIN said yes.                                                                                                            
                                                                                                                                
SENATOR  MCGUIRE  asked  if  mental  health  transition  programs                                                               
accommodate people with traumatic brain injury.                                                                                 
                                                                                                                                
MS. MARTIN replied about 90  people participate in [Institutional                                                               
Discharge  Projects] each  year, but  she doesn't  know how  many                                                               
have traumatic brain injury.                                                                                                    
                                                                                                                                
1:45:02 PM                                                                                                                    
MS. MARTIN  said ISER  found that some  programs have  short term                                                               
benefits while  others -  like Head Start  - have  huge benefits,                                                               
but they're not  apparent for a long  time. Electronic monitoring                                                               
(EM) is  an example of a  program with a short  term benefit, but                                                               
it has a  tradeoff. EM takes people out of  the prison system and                                                               
it's very cost effective, but  it doesn't affect recidivism so it                                                               
doesn't reduce crime. The sex  offender treatment program was not                                                               
cost effective,  but it  only looked  at the  cost to  the state.                                                               
Victim cost  was not  considered. The  sex offender  program does                                                               
reduce recidivism, but it's very expensive.                                                                                     
                                                                                                                                
CHAIR FRENCH  asked why electronic  monitoring doesn't  produce a                                                               
lower recidivism rate than putting an offender into prison.                                                                     
                                                                                                                                
MS.  MARTIN replied  her  understanding is  that  it's used  very                                                               
short term in Alaska. The average is just 16 days.                                                                              
                                                                                                                                
1:47:01 PM                                                                                                                    
MS.  MARTIN said  ISER modeled  spending $4  million more  on the                                                               
array  of programs  and the  results were  compelling. It  showed                                                               
that it would  save the state some $300 million  over 30 years in                                                               
avoided prison  costs and  costs of  housing prisoners.  Costs to                                                               
the state were measured for  the various kinds of crime including                                                               
arrest, incarceration, and prosecution.                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI asked  what it will cost to  operate the new                                                               
prison for a year.                                                                                                              
                                                                                                                                
1:48:47 PM                                                                                                                    
DWAYNE PEEPLES,  Deputy Commissioner, Department  of Corrections,                                                               
replied he'll probably have an estimate in about two weeks.                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked  for the main reasons  that people are                                                               
put in prison the first time.                                                                                                   
                                                                                                                                
MS. MARTIN  said in  Alaska the  crimes are  usually misdemeanors                                                               
and  low  level  felonies.  She  added  that  Alaska  has  strict                                                               
sentencing  so  serious criminals  are  incarcerated  for a  long                                                               
time.                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  she knows  the specific  types of                                                               
crimes that are generally committed.                                                                                            
                                                                                                                                
MS.  MARTIN named  pot smoking,  underage drinking,  shoplifting,                                                               
petty theft,  and domestic violence. She  then directed attention                                                               
to Figure 2, "Who Gets out of Jail of Prison in Alaska?"                                                                        
                                                                                                                                
1:51:00 PM                                                                                                                    
CHAIR FRENCH  commented that  it's an odd  way of  presenting the                                                               
information.                                                                                                                    
                                                                                                                                
MS. MARTIN explained that it was  presented that way to convey to                                                               
the public that prisons are not releasing serious criminals.                                                                    
                                                                                                                                
CHAIR FRENCH said it's a good question to pursue.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if the  prisons are  full of  repeat                                                               
low-level offenders.                                                                                                            
                                                                                                                                
MS.  MARTIN replied  the consensus  in this  type of  research is                                                               
that  the  prison  system  should   be  for  hardened,  difficult                                                               
criminals  that have  no desire  to  change. She  added that  she                                                               
doesn't have an answer to his question.                                                                                         
                                                                                                                                
CHAIR  FRENCH said  his experience  as a  prosecutor is  that the                                                               
average  offender has  racked up  many  convictions. However,  he                                                               
wants analysis rather than anecdotes to use as a guide.                                                                         
                                                                                                                                
1:53:58 PM                                                                                                                    
SENATOR WIELECHOWSKI questioned  what to do with  the people that                                                               
commit repeated  petty crimes;  they probably  victimize hundreds                                                               
if not thousands of people over the course of their lifetime.                                                                   
                                                                                                                                
MS. MARTIN  replied those  are presumably  the people  that would                                                               
benefit from these  programs. She said her  understanding is that                                                               
treating a  person's alcohol or  mental health problem  does away                                                               
with a  lot of  the incentive to  commit further  crimes. Whereas                                                               
not fixing the problem perpetuates the crime cycle.                                                                             
                                                                                                                                
SENATOR MCGUIRE stated  her belief that spending  time, money and                                                               
effort on  juveniles produces the  largest payoff. She  noted the                                                               
statistic in  Figure 6  that states  that "Programs  for juvenile                                                               
offenders  save  7  to  13   times  what  they  cost  and  reduce                                                               
recidivism  among juveniles  by about  5 to  8 percentage  points                                                               
(from 70%  without the programs).  She asked Chair French  if the                                                               
committee could spend a day focusing on juveniles in the state.                                                                 
                                                                                                                                
1:57:16 PM                                                                                                                    
CHAIR  FRENCH said  he  would grant  the  request; his  committee                                                               
aide,  Cindy  Smith,  just  wrote  a  note  suggesting  that  the                                                               
committee do a juvenile justice overview next week.                                                                             
                                                                                                                                
MS.  MARTIN  related  that  ISER is  working  with  the  Judicial                                                               
Council to get funding to  track recidivism in the adult programs                                                               
and future  plans are  to track  juvenile programs.  The juvenile                                                               
system is a little different  and more difficult to evaluate, but                                                               
a  good  intermediate  measure   of  recidivism  is  high  school                                                               
graduation. Also, there's  less domestic violence if  kids are in                                                               
Head Start.                                                                                                                     
                                                                                                                                
CHAIR FRENCH agreed that the Head Start numbers are striking.                                                                   
                                                                                                                                
                                                                                                                                
SENATOR  MCGUIRE  said  going  to   prison  is  a  life  altering                                                               
experience  that affects  self  worth and  esteem. She  suggested                                                               
that the outcomes  might be different if  juveniles were punished                                                               
differently  for low  level offenses  so they  don't get  to that                                                               
crossover point.                                                                                                                
                                                                                                                                
1:58:57 PM                                                                                                                    
REPRESENTATIVE COGHILL joined the meeting.                                                                                      
                                                                                                                                
MS. MARTIN  highlighted that ISER  did a study with  the Judicial                                                               
Council looking at  the statistical likelihood of  a person being                                                               
convicted  of a  felony after  being  charged with  a felony.  It                                                               
showed  that  people  with  drug,  alcohol,  and  mental  illness                                                               
problems  were much  more likely  to  be convicted;  there was  a                                                               
slight  effect for  Alaska Natives;  and were  was an  effect for                                                               
indigents.  People  that fall  in  all  of those  categories  are                                                               
pretty  much doomed  in  the legal  system. A  lot  of low  level                                                               
incarcerations put  a person  out of  work for  30 days  and then                                                               
they lose their job, which starts a down-hill spiral.                                                                           
                                                                                                                                
2:01:25 PM                                                                                                                    
SENATOR ELLIS  asked if ISER  has information about  cost savings                                                               
to   the  Washington   State  system   if  these   programs  were                                                               
instituted.                                                                                                                     
                                                                                                                                
MS.  MARTIN  said  yes;  Washington  State  tracks  the  programs                                                               
closely and  they are  working well. They  are also  sticklers to                                                               
program  fidelity  and have  legislative  auditors  who check  to                                                               
ensure that the programs are  properly implemented. This rigorous                                                               
self investigation  indicates that  the programs  do pay  off and                                                               
they  do work.  Every year  more programs  are subjected  to this                                                               
type of  scrutiny. Ms. Martin  noted that the programs  listed in                                                               
the  ISER report  aren't the  only  ones that  work; many  simply                                                               
haven't  been  rigorously  evaluated. One  program  that  clearly                                                               
doesn't work is "Scared Straight;" it actually increases crime.                                                                 
                                                                                                                                
SENATOR ELLIS asked  for the study citations. He  said he intends                                                               
to  introduce legislation  to  put 100  percent  of the  existing                                                               
alcohol taxes into alcohol prevention and treatment programs.                                                                   
                                                                                                                                
MS.  MARTIN   recalled  that  substance  abuse   programs  reduce                                                               
recidivism about seven percent.                                                                                                 
                                                                                                                                
2:03:36 PM                                                                                                                    
CHAIR  FRENCH highlighted  that a  seven percent  reduction isn't                                                               
transforming, but  it is "bending  the curve." Small  changes add                                                               
up to large savings over time.                                                                                                  
                                                                                                                                
MS. MARTIN agreed and added that  it's a 7 percent reduction only                                                               
for those who  participated so recidivism won't be  reduced to 60                                                               
percent. There's no  quick fix to this very  complex problem, she                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR FRENCH referenced Figure 6  that asks how effective various                                                               
programs are at saving money and  reducing crime and how that can                                                               
be reduced to a net present value.                                                                                              
                                                                                                                                
MS. MARTIN offered to provide the information.                                                                                  
                                                                                                                                
CHAIR FRENCH  asked her to also  include an analysis of  where to                                                               
put the first rehabilitation dollar assuming there was just one.                                                                
                                                                                                                                
2:06:23 PM                                                                                                                    
SENATOR WIELECHOWSKI asked Ms. Martin  her perspective on why the                                                               
U.S. has far more people in prison than any other nation.                                                                       
                                                                                                                                
MS.  MARTIN  replied  she  doesn't have  the  answer,  but  given                                                               
similar  situations the  U.S. does  incarcerate  more than  other                                                               
countries.                                                                                                                      
                                                                                                                                
CHAIR FRENCH commented that  European sentencing is comparatively                                                               
lenient.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked how  Alaska recidivism  rates compare                                                               
to other states.                                                                                                                
                                                                                                                                
MS. MARTIN replied the rates are similar at 67 percent.                                                                         
                                                                                                                                
CHAIR FRENCH thanked Ms. Martin for the overview.                                                                               
                                                                                                                                
2:08:02 PM                                                                                                                    
                                                                                                                                
JOSEPH  SCHMIDT, Commissioner,  Alaska Department  of Corrections                                                               
(DOC),  introduced  himself  and expressed  appreciation  to  the                                                               
legislators  who are  willing to  serve on  committees that  deal                                                               
with corrections issues.                                                                                                        
                                                                                                                                
COMMISSIONER  SCHMIDT   said  that  he  views   the  delivery  of                                                               
correctional  services  as  "through"   rather  than  "from"  the                                                               
department. They  bring in  the best people  they can  find, they                                                               
listen to  what the public thinks  they should do, and  then they                                                               
bring in experts  to implement those ideas. For  example, when he                                                               
first started  in this  position there were  few if  any programs                                                               
that were being  used to change behavior. Although  he hadn't had                                                               
time yet to study  it yet, he knew the direction  he wanted to go                                                               
was  toward  not  only  safe and  secure  prisons,  but  changing                                                               
inmates' behavior while the department has their full attention.                                                                
                                                                                                                                
At  the  end  of  2006  DOC hired  Bryan  Brandenburg  as  deputy                                                               
director of institutions  and tasked him with  building a program                                                               
plan  around evidence-based  programs. Then  at the  crime summit                                                               
Steven Aos  from Washington State, brought  statistics to support                                                               
the use  of evidence-based programs  and further  confirming that                                                               
this was the right direction.                                                                                                   
                                                                                                                                
The  Legislature and  the  Mental Health  Trust  funded the  ISER                                                               
Study to  "Alaskanize" Washington's  numbers; using  the modified                                                               
numbers, the Criminal  Justice Working Group developed  a list of                                                               
programs  that  had been  proven  to  work.  As Ms.  Martin  said                                                               
however,  these  programs have  to  be  implemented as  they  are                                                               
written and  that can be difficult,  particularly with culturally                                                               
relevant programs.  It is important not  to change the core  of a                                                               
program  to  make it  culturally-based  or  its efficacy  may  be                                                               
compromised.                                                                                                                    
                                                                                                                                
2:12:41 PM                                                                                                                    
COMMISSIONER  SCHMIDT said  they now  had data  to support  using                                                               
evidence-based programs and the  Legislature provided funding for                                                               
the program  plan that Mr.  Brandenburg will present  today. This                                                               
is a  great example of  the three branches of  government working                                                               
together to accomplish an important goal, he said.                                                                              
                                                                                                                                
CHAIR FRENCH noted that the ISER  study said DOC spends about $17                                                               
million  per year  for rehabilitation  programs. He  asked if  he                                                               
agrees that was the figure at the end of the last fiscal year.                                                                  
                                                                                                                                
COMMISSIONER  SCHMIDT said  mental  health might  be included  in                                                               
that figure.                                                                                                                    
                                                                                                                                
MS. MARTIN  clarified that figure represents  state-wide spending                                                               
across all agencies, not just corrections.                                                                                      
                                                                                                                                
CHAIR FRENCH thanked her for the clarification.                                                                                 
                                                                                                                                
2:14:59 PM                                                                                                                    
COMMISSIONER SCHMIDT said that while  he recognizes that the ISER                                                               
and  Judicial Council  numbers  are the  telling  ones, it  takes                                                               
three to five years to get those  so in the meantime DOC is self-                                                               
tracking. The people  who started the program in  April have been                                                               
out of  jail about six months  so it's early in  the process, but                                                               
the numbers  are encouraging. DOC  processes about  38,000 people                                                               
each year and about half of those are sentenced.                                                                                
                                                                                                                                
CHAIR FRENCH  asked if  it is  fair to say  that 38,000  spend at                                                               
least one night in jail.                                                                                                        
                                                                                                                                
COMMISSIONER SCHMIDT  offered to provide those  numbers and added                                                               
that the range  is from book and bail to  several days to several                                                               
years.  The  average length  of  sentence  for misdemeanants  and                                                               
felons is 160 days.                                                                                                             
                                                                                                                                
He continued  to explain  that over time  they realized  that the                                                               
existing long and comprehensive  programs produced few successful                                                               
graduates. Ms.  Martin suggested they diversify,  which they did.                                                               
The current programs  run 90 to 120 days and  give a large number                                                               
of prisoners the opportunity to  finish. We'll talk about whether                                                               
this is the best model as the numbers come in, he said.                                                                         
                                                                                                                                
CHAIR FRENCH  asked what these  90 to  120 day programs  focus on                                                               
generally.                                                                                                                      
                                                                                                                                
2:18:41 PM                                                                                                                    
COMMISSIONER  SCHMIDT  replied  it's substance  abuse,  primarily                                                               
alcohol.                                                                                                                        
                                                                                                                                
He related  that Alaska prisoners  were transferred  from Arizona                                                               
to  Hudson Colorado  for economic  reasons; the  cost per  bed in                                                               
Colorado is about $2 less than  it had been in Arizona. The 1,536                                                               
bed  Goose Creek  facility is  scheduled to  open in  March 2012,                                                               
which  will make  it possible  to bring  those prisoners  home so                                                               
that they're closer to their family and community.                                                                              
                                                                                                                                
Responding to  an earlier question from  Senator Wielechowski, he                                                               
said  the director  of  probation  and parole  told  him that  on                                                               
average 190 parolees  end up back in jail each  month. About half                                                               
of those  parolees have committed a  new crime and about  half of                                                               
those new  crimes were committed  after the parolee had  had some                                                               
contact with  the court.  We're not sure  why we're  seeing those                                                               
numbers, but  we believe that  the probation officers  are making                                                               
good  decisions. Perhaps  it  would make  a  difference if  those                                                               
people had  contact with the  court right away. We're  looking at                                                               
that, he said.                                                                                                                  
                                                                                                                                
2:22:11 PM                                                                                                                    
COMMISSIONER SCHMIDT  said another notable mention  is the Bethel                                                               
halfway house.  The facility  holds about  130 prisoners  and the                                                               
halfway house  generally had 20  to 25  empty beds the  state was                                                               
paying for.  After considerable research and  discussion with the                                                               
community, those  beds were  transitioned to  a program  for sex-                                                               
offenders who have finished their sentences.   It is too early to                                                               
predict success, but  there have been no complaints  and it still                                                               
has community support.                                                                                                          
                                                                                                                                
2:23:47 PM                                                                                                                    
SENATOR EGAN  asked if Lemon  Creek is still  under consideration                                                               
[for a sex-offender program].                                                                                                   
                                                                                                                                
COMMISSIONER SCHMIDT  said yes;  it's a  25-bed program  and it's                                                               
close to up and running.                                                                                                        
                                                                                                                                
SENATOR EGAN asked if there has been any community opposition.                                                                  
                                                                                                                                
COMMISSIONER SCHMIDT said no. DOC was  careful not to ask for any                                                               
public support because they know  it isn't a popular program. The                                                               
one concern that came to  them was whether sex-offenders from all                                                               
over Alaska  were going  to be  released in  Juneau; that  is not                                                               
going  to happen.  Upon release,  offenders will  be returned  to                                                               
their point of arrest.                                                                                                          
                                                                                                                                
2:25:46 PM                                                                                                                    
CHAIR FRENCH asked if he agrees with the ISER analysis that sex-                                                                
offender programs reduce recidivism but produce no savings.                                                                     
                                                                                                                                
COMMISSIONER SCHMIDT  confirmed that  the study he  saw indicates                                                               
an  eight percent  reduction  in recidivism,  but  it's not  cost                                                               
effective.  However, the  question he  would  ask is  "What is  a                                                               
victim worth?"  I think this  is the right  thing to do;  we know                                                               
what happens if we do nothing, he said.                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  referred  to  Figure  seven  in  the  ISER                                                               
summary that  shows that preschool programs  for at-risk children                                                               
cost  about $1,000  per child  but  saves much  more by  reducing                                                               
future   crimes.  He   asked  if   the  administration   supports                                                               
increasing preschool education.                                                                                                 
                                                                                                                                
COMMISSIONER  SCHMIDT agreed  with  the ISER  finding. When  they                                                               
began  looking at  evidence-based programs  the research  quickly                                                               
went outside  the adult  system; everything  pointed to  the fact                                                               
that  the younger  children  start in  these  programs, the  more                                                               
effective it is.                                                                                                                
                                                                                                                                
                                                                                                                                
2:28:02 PM                                                                                                                    
                                                                                                                                
MR.  PEEPLES,   responding  to  Senator   Wielechowski's  earlier                                                               
question,  said  operating  costs  for  Goose  Creek  will  range                                                               
between  $30 million  and  $35  million per  year.  He will  have                                                               
confirmation of the numbers within two weeks.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked  if $46,000 per inmate  factors in the                                                               
court costs.                                                                                                                    
                                                                                                                                
MR. PEEPLES said  that is a statewide average of  total costs for                                                               
all incarcerations from Bethel to  Ketchikan. Some of the state's                                                               
smallest  institutions  are the  most  expensive  to run  due  to                                                               
economies  of  scale;  each  institution  has  a  different  cost                                                               
factor. When he refers to the  cost of running an institution, he                                                               
is  referring  to  that institution.  All  outside  services  are                                                               
contracted.                                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  how   much  the  state  incurs  for                                                               
inmates' medical care.                                                                                                          
                                                                                                                                
MR. PEEPLES  said he expects it  to be close to  $30 million this                                                               
year. Those costs grow by a couple of million dollars each year.                                                                
                                                                                                                                
CHAIR FRENCE asked if that cost is for 5,600 inmates.                                                                           
                                                                                                                                
2:30:24 PM                                                                                                                    
MR. PEEPLES  replied the current  average daily census  is 5,650;                                                               
the  number  of  people  under their  jurisdiction  per  year  is                                                               
38,000. One year ago the  average daily census dropped to between                                                               
5,200  and 5,300,  which he  can't explain.  By April  it started                                                               
climbing the normal  projected base. The ISER  projection was for                                                               
an  additional 200  inmates per  year and  although they  will be                                                               
under that for awhile, it  will continue to grow. The projections                                                               
are  straight-line  based  on population  growth  but  there  are                                                               
variables that will  affect it. One of them is  the transition of                                                               
an  age cohort;  there's a  bulge of  males in  their late  teens                                                               
through their late 30s, which will increase incarceration rates.                                                                
                                                                                                                                
2:31:57 PM                                                                                                                    
CHAIR FRENCH said  he is aware that statistically  21 to 28-year-                                                               
old males are the chief offenders.  He asked what the average age                                                               
of Alaska's population is now.                                                                                                  
                                                                                                                                
MR. PEEPLES said he did not know.                                                                                               
                                                                                                                                
CHAIR  FRENCH asked  if  he's saying  that  the population  bulge                                                               
hasn't yet passed through the corrections system.                                                                               
                                                                                                                                
MR. PEEPLES  clarified that Alaska  is in  the middle of  a bulge                                                               
that  is expected  to cause  an  increase in  that census.  Other                                                               
trends  include  recent  statutory   changes  that  make  certain                                                               
misdemeanants felons. One  example is a law passed  two years ago                                                               
that made third-time assaults a  felony. He also expects problems                                                               
as  facilities from  Dillingham to  Fairbanks come  under greater                                                               
pressure   from  the   un-sentenced  population.   Most  of   the                                                               
facilities up north are inadequate;  the Fairbanks facility needs                                                               
to be  replaced in  the near future  and Bethel's  facility needs                                                               
expensive alteration and expansion.                                                                                             
                                                                                                                                
Costs for medical  care will continue to accelerate  because of a                                                               
growth in the  mental health population and  the declining health                                                               
status of the general population coming through their doors.                                                                    
                                                                                                                                
2:35:04 PM                                                                                                                    
COMMISSIONER SCHMIDT  interjected that  while Goose Creek  is not                                                               
their measure  of success, it  is a  good thing in  that provides                                                               
beds to bring people home.  However, those are sentenced beds; if                                                               
a person is  arrested for something in Bethel, there  has to be a                                                               
place to hold  them.  DOC is  moving toward a model  in which the                                                               
city takes  care of misdemeanants in  the jails and felons  go to                                                               
prisons run by the state. During  the last of their sentence they                                                               
will be returned to facilities closer to home.                                                                                  
                                                                                                                                
2:36:12 PM                                                                                                                    
BRYAN  BRANDENBURG, Deputy  Director,  Division of  Institutions,                                                               
Department of Corrections, said he  has worked for the department                                                               
for  over 20  years, 18  of those  as a  mental health  clinician                                                               
providing direct  services to inmates in  various facilities. His                                                               
passion has always  been programs for the population  that is not                                                               
mentally ill; those that have been funneling through the system.                                                                
                                                                                                                                
When he became deputy director he  was able for the first time to                                                               
put  together a  comprehensive plan  that addresses  the criminal                                                               
attributes  that  make an  offender  prone  to reoffend.  Studies                                                               
suggest that  evidence-based programs  can effect change  in that                                                               
population. A  lot of the  research indicates that 20  percent of                                                               
the offenders  are committing 80  percent of the crimes.  A small                                                               
percentage  of   offenders  are  what  might   be  called  career                                                               
criminals; they  really need to  be locked up because  they don't                                                               
respond  to treatment.  The other  80  percent can  be helped  to                                                               
become productive citizens using evidence-based programs.                                                                       
                                                                                                                                
2:38:56 PM                                                                                                                    
SENATOR WIELECHOWSKI asked how other  states deal with people who                                                               
have committed  30 or 40  petty crimes and  are still out  in the                                                               
communities.                                                                                                                    
                                                                                                                                
MR.  BRANDENBURG said  the evidence  indicates  that most  states                                                               
look at the  offender's level of risk to re-offend  and use it as                                                               
one of the criteria in setting  sentence length. DOC uses the LSI                                                               
(Level of  Service Inventory Revised)  risk-needs-assessment tool                                                               
to determine  what programs  offenders need to  go into  and what                                                               
level of  risk they  pose for re-offending.  Lots of  states have                                                               
looked at reducing  sentences for some of the  less severe crimes                                                               
through  the  use  of  diversion  programs  and  alternatives  to                                                               
sentencing such  as CRCs [Community  Residential Centers]  and EM                                                               
programs [electronic  monitoring]. Some  states have also  set up                                                               
ways  for people  to  earn  their way  out  early.  The state  of                                                               
Washington, for example, has a 50  percent rule set up so inmates                                                               
can earn up to 50 percent off their sentences.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI  asked if people  who commit  repeated petty                                                               
crimes  could be  turned around  if  they were  put in  effective                                                               
treatment programs.                                                                                                             
                                                                                                                                
MR.  BRANDENBURG   said  DOC   releases  over   15,000  sentenced                                                               
offenders  per  year, 3,700  of  which  are felons.  The  average                                                               
length of  stay for a  felon in Alaska's  system is 285  days and                                                               
the average  length of  stay for a  sentenced misdemeanant  is 27                                                               
days, so  they release about  287 felons each month.  The problem                                                               
is  that   huge  numbers  of   people  get  out   without  having                                                               
participated  in  programming that  might  help  turn around  the                                                               
recidivism rate.                                                                                                                
                                                                                                                                
2:42:41 PM                                                                                                                    
MR. BRANDENBURG highlighted that the  department is focused on is                                                               
the re-entry  process that  starts when  the offender  enters the                                                               
system.  When  the offender  is  sentenced  DOC  will do  a  risk                                                               
assessment using the  LSIR and other screening  tools to identify                                                               
specific  problem  areas  such   as  substance  abuse  and  anger                                                               
management. Then  they will  develop what  is called  an Offender                                                               
Management Plan  that will include  a preliminary  re-entry plan.                                                               
They have  been revising the  classification system to  develop a                                                               
behavior driven tool that will  allow inmates to earn a reduction                                                               
in  custody levels  if they  participate in  recommended programs                                                               
and stay discipline free.                                                                                                       
                                                                                                                                
2:44:29 PM                                                                                                                    
COMMISSIONER  SCHMIDT  added  that   DOC  is  doing  side-by-side                                                               
comparisons between  the new  and old  systems to  determine what                                                               
percentage  of prisoners  are minimum,  medium or  close custody.                                                               
They found  that the  proposed system  does not  radically change                                                               
any of the groupings.                                                                                                           
                                                                                                                                
MR. BRANDENBURG  said when they  identify the  programs prisoners                                                               
need, they hope to stop the  cycle that brings them back to jail.                                                               
The  largest piece  of that  is the  substance abuse  program. He                                                               
added that all  of their programs follow the  American Society of                                                               
Addiction Medicine criteria for  programming. They now have three                                                               
six-month intensive inpatient programs.  These were previously 12                                                               
to   18  month   programs   that  weren't   getting   a  lot   of                                                               
participation. They have the ability  to run 240 people each year                                                               
through the new, shorter programs.                                                                                              
                                                                                                                                
2:46:47 PM                                                                                                                    
REPRESENTATIVE  COGHILL  asked  if this  accommodates  population                                                               
movement from one facility to another.                                                                                          
                                                                                                                                
MR. BRANDENBURG replied that was the idea from the beginning.                                                                   
                                                                                                                                
CHAIR FRENCH  recapped that they  can treat 240 inmates  per year                                                               
in their  substance abuse programs, which  are six-month programs                                                               
analogous to those  studied by Steve Oas and ISER.  He mused that                                                               
240 inmates out of 5,600 is about 5 percent.                                                                                    
                                                                                                                                
MR.  BRANDENBURG said  that when  they have  finished later  this                                                               
fiscal year  they will be  able to  treat over 1,000  inmates per                                                               
year.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL said  he will  be watching  to see  which                                                               
mental health services will be available.                                                                                       
                                                                                                                                
2:49:10 PM                                                                                                                    
MR.  BRANDENBURG continued.  DOC has  five 90-day  intensive out-                                                               
patient programs  in its facilities  in Bethel,  Nome, Fairbanks,                                                               
Juneau and  Spring Creek.  500 inmates per  year will  be served.                                                               
The  programs   meet  level  2   criteria  for   substance  abuse                                                               
programming and  allow inmates to participate  in other programs.                                                               
They also  have two level-2  CRC programs  that are based  on the                                                               
same model;  one is in Anchorage  at Akeela House and  another at                                                               
the North Star Residential Center.                                                                                              
                                                                                                                                
There  is a  pretrial  assessment and  referral  program for  the                                                               
Anchorage  complex,   MatSu  Pretrial  and   Palmer  Correctional                                                               
Center. From that  assessment, people will either  be referred to                                                               
a program in  one of their facilities or to  a community provider                                                               
for services. At  Palmer there will also be  a 30-day educational                                                               
program that will accommodate about 250 people per year.                                                                        
                                                                                                                                
2:51:44 PM                                                                                                                    
CHAIR FRENCH asked what sort of  effect they expect to get from a                                                               
30-day educational component.                                                                                                   
                                                                                                                                
MR.  BRANDENBURG replied  they'll  have a  treatment and  control                                                               
group for  all phases of the  program and in a  year they'll know                                                               
how the 1,000  people who went through a  substance abuse program                                                               
compare to the 1,000 that were in the control group.                                                                            
                                                                                                                                
2:52:33 PM                                                                                                                    
CHAIR FRENCH  asked what Mr. Oas  or ISER suggest about  what the                                                               
reduction in recidivism will be from attending a 30-day class.                                                                  
                                                                                                                                
MR. BRANDENBURG replied  most of it is to set  up a scenario that                                                               
encourages participation in treatment.                                                                                          
                                                                                                                                
COMMISSIONER  SCHMIDT  said pretrial  has  a  high turnover.  The                                                               
other problem  they run  into with programs  in pretrial  is that                                                               
defense   counsel    often   advises   their    clients   against                                                               
participation for fear it will  compromise a defense. So although                                                               
they want  to focus on those  who have been convicted,  they need                                                               
to do something in the pretrial period.                                                                                         
                                                                                                                                
CHAIR FRENCH  said he is  skeptical and  will be curious  to hear                                                               
what they found out, perhaps in a future meeting.                                                                               
                                                                                                                                
MR. BRANDENBURG  said he is sure  there will be some  benefit but                                                               
doesn't know how much.                                                                                                          
                                                                                                                                
2:55:25 PM                                                                                                                    
MR. BRANDENBURG said they have  also paired anger management with                                                               
their  substance abuse  programs to  increase the  effectiveness.                                                               
They  have a  48-week offender  treatment program  that addresses                                                               
some different aspects of the criminal personality.                                                                             
                                                                                                                                
He is  particularly proud of their  Parenting Inside/Out Program.                                                               
A  lot of  offenders have  children  and very  little idea  about                                                               
parenting; this  program is available  at every facility  and can                                                               
accommodate  four  groups of  20  inmates  each year.  About  162                                                               
inmates have  gone through the  program since it  was implemented                                                               
in June.                                                                                                                        
                                                                                                                                
The 25-bed  sex-offender treatment  unit he mentioned  is getting                                                               
ready  to open  in Juneau;  they have  the CRC  based program  in                                                               
Bethel with 19  beds, 15 of which are filled  and there are seven                                                               
intensive out-patient programs available  in the communities that                                                               
include polygraph testing.                                                                                                      
                                                                                                                                
Domestic  violence programming  is  provided  in four  facilities                                                               
through the Council on Domestic  Violence and Sexual Assault. DOC                                                               
monitors the programs but is  looking for evidence-based programs                                                               
that the  council can  implement in  other facilities  around the                                                               
state.                                                                                                                          
                                                                                                                                
GED and Adult Basic Education  classes are offered; the number of                                                               
people getting their GED each year  has increased from 82 to 247.                                                               
This year they expect to increase that number to 285.                                                                           
                                                                                                                                
2:58:35 PM                                                                                                                    
Vocational rehabilitation is also  offered. Currently DOC has 760                                                               
inmates  in vocational  programs and  136 in  apprentice programs                                                               
for a total of 890 inmates participating.                                                                                       
                                                                                                                                
Finally,  the re-entry  program focuses  on ensuring  that people                                                               
being released have  a job, a place to stay  and can be reunified                                                               
with family. People who have those  things in place when they get                                                               
out of jail  are less likely to come back.  There is no price-tag                                                               
available for that yet.                                                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT  said they are  working to gather  that data                                                               
and they  will have the  information during this budget  cycle if                                                               
necessary.                                                                                                                      
                                                                                                                                
CHAIR FRENCH asked  if the sex-offender program is  only at Lemon                                                               
Creek.                                                                                                                          
                                                                                                                                
MR.  BRANDENBURG said  yes.  It is  a 12  to  18 month  intensive                                                               
program.                                                                                                                        
                                                                                                                                
CHAIR FRENCH  said at  25 beds  it sounds as  if that  is costing                                                               
$100,000 per bed.                                                                                                               
                                                                                                                                
MR. BRANDENBURG agreed that it is expensive.                                                                                    
                                                                                                                                
3:01:04 PM                                                                                                                    
REPRESENTATIVE COGHILL  commented that one of  the things they've                                                               
struggled with over  the years is the assets that  DOC has access                                                               
to in  any community. It  will be  interesting to learn  what the                                                               
cooperation looks like and where the blank spots might be.                                                                      
                                                                                                                                
MR.  BRANDENBURG said  one piece  of  this re-entry  plan is  the                                                               
transition  between  the  institution  and  the  field  probation                                                               
officer [FPO]. They  are talking about sentenced  felons who will                                                               
be on supervision  when they are released. This  plan starts upon                                                               
sentencing  and  follows  them  throughout  their  incarceration.                                                               
Three to  six months  prior to  release there  will be  a meeting                                                               
with  the FPO  to talk  about the  transition and  what resources                                                               
will be needed when the offender is released into the community.                                                                
                                                                                                                                
CHAIR FRENCH asked Mr. Peeples to confirm the cost of the plan.                                                                 
                                                                                                                                
3:02:20 PM                                                                                                                    
MR.   PEEPLES  clarified   that  the   cost-allocation  for   the                                                               
institution-based program  was $200,000 starting at  Lemon Creek.                                                               
It is  not $2.6 million. He  directed attention to page  4 in the                                                               
ISER summary, the second block  of numbers under the sex-offender                                                               
treatment program.                                                                                                              
                                                                                                                                
CHAIR  FRENCH said  he  sees  that Lemon  Creek  program is  just                                                               
$200,000.                                                                                                                       
                                                                                                                                
MR. BRANDENBURG admitted he is not a numbers guy.                                                                               
                                                                                                                                
3:03:31 PM                                                                                                                    
There being nothing  further to come before  the committee, Chair                                                               
French adjourned the meeting at 3:03 p.m.                                                                                       
                                                                                                                                

Document Name Date/Time Subjects