Legislature(2019 - 2020)BELTZ 105 (TSBldg)
02/25/2019 01:30 PM Senate JUDICIARY
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| Adjourn |
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 25, 2019
1:06 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator Lora Reinbold, Vice Chair
Senator Mike Shower
Senator Peter Micciche
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Police Standards Council
Jennifer Winkelman - Juneau
Rebecca Hamon - King Salmon
Stephen J. Dutra - North Pole
Joseph White - Ketchikan
Burke Waldron - Bethel
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JENNIFER WINKELMAN, Appointee
Alaska Police Standards Council
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
REBECCA HAMON, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
King Salmon, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
STEPHEN DUTRA, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
North Pole, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JOSEPH WHITE, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
Ketchikan, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
BURKE WALDRON, Chief of Police; Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
Bethel, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
ACTION NARRATIVE
1:30:35 PM
CHAIR SHELLEY HUGHES called the Senate Judiciary Standing
Committee meeting to order at 1:06 p.m. Present at the call to
order were Senators Micciche, Kiehl, Reinbold and Chair Hughes.
Senator Shower arrived as the meeting was in progress.
^CONFIRMATION HEARING(S):
^CONFIRMATION HEARING(S):
Alaska Police Standards Council
1:31:10 PM
CHAIR HUGHES announced that the only order of business would be
the confirmation hearings for Jennifer Winkelman, Rebecca Hamon,
Stephen J. Dutra, Joseph White, and Burke Waldron to the Alaska
Police Standards Council.
1:31:17 PM
CHAIR HUGHES reviewed the mission of the Alaska Police Standards
Council: To produce and maintain a highly trained and positively
motivated professional, capable of meeting contemporary law
enforcement standards of performance. She read the core
services:
• Determine certification eligibility for all police,
probation/parole, and correctional officers and issue
appropriate level of certificate to qualified officers.
• In cases of misconduct by a certified officer, make a
determination whether certification should be revoked.
• Monitor compliance with current regulations and
legislation.
• Develop, monitor, and revise law enforcement training and
training requirements.
• Assist academies and departments with funding for academy
training.
• Fund specialized and advanced training for departments.
• Provide smaller agencies across Alaska with assistance in
obtaining pre-employment polygraph and psychological
testing for officers.
1:33:07 PM
JENNIFER WINKELMAN, Appointee, Alaska Police Standards Council,
Department of Public Safety, stated that she is the director of
the Division of Probation and Parole/ Pretrial Services in the
Department of Corrections. She said that she was raised in
Fairbanks. Her family relocated to Juneau in 2016. She graduated
from University of Alaska Fairbanks with a degree in Justice and
Paralegal Studies.
She has worked for the Department of Corrections (DOC) for 18
years, working in institutions and the field. Her husband worked
for the DOC for 30 years. She would like to serve on the council
because the Alaska Police Standards Council is very important in
maintaining professionalism and integrity within the law
enforcement community. As a probation and parole officer she has
worked hard to make a difference. When she was appointed as
director of Probation and Parole, she was given an opportunity
to serve on the council. She said that she is steadfast that one
cannot work in silos to combat public safety. The state has had
difficulties with recruitment and retention in law enforcement.
She would like to produce and maintain highly trained officers
to protect Alaskans. She would also like to ensure that cases of
misconduct are handled to promote public trust. She said that
she believes in the work of peace officers, but she also
believes that it is imperative to have a check and balance
system in place because of the latitude and authority that is
given to officers.
1:36:01 PM
MS. WINKELMAN highlighted that she would bring to the council
her background in corrections. She stated that she has managed
probation and parole offices in many areas of the state, which
has given her exposure and knowledge of the strengths and
struggles that exist in terms of resources, staffing, and the
unique nature of cases in Alaska and how they can vary from
community to community. She has worked with law enforcement
agencies in communities and said teamwork is imperative to
accomplish the mission, especially in rural Alaska. Although she
has not lived in a rural community in Alaska, she has family and
friends in these communities.
She said that she views herself as a problem solver. She looks
forward to serving on the council. She has managed a caseload of
felons for many years, which means that she is not afraid to
tackle tough, sensitive situations. As a supervisor, she has
listened and empathized to challenges staff face and she
believes that she has been fair and impartial in her decisions.
She emphasized the necessity to ensure that the state produces
highly skilled, trained law enforcement agencies with morals and
integrity. She hopes to bring value to the council and the
state.
1:38:49 PM
SENATOR MICCICHE asked when she became the director of
probation.
MS. WINKELMAN answered that she became the director in December
2018.
1:39:25 PM
CHAIR HUGHES asked whether she has been involved in the
Department of Corrections with any misconduct cases and if so,
how she handled the cases.
MS. WINKELMAN said that as a supervisor she has handled cases of
misconduct, primarily with personnel issues. She indicated that
personnel matters would first go through the department's human
resources agency, and when necessary, cases are referred to the
Alaska Police Standards Council (APSC) for consideration. She
said in some instances performance improvement plans have
resulted, in some cases, to non-retention of staff for behaviors
of dishonesty. However, once the matter is before the APSC, it
has been out of her jurisdiction.
1:40:50 PM
CHAIR HUGHES said it was good to know she has some experience
and awareness of these issues.
1:40:56 PM
SENATOR SHOWER joined the meeting.
1:41:01 PM
SENATOR REINBOLD asked whether she has any knowledge of morale
in law enforcement agencies and if the organizations have the
necessary tools.
MS. WINKELMAN answered that she has not. She said that she is
interested in it. She said she has good relationships with
people who have shared their struggles. She recalled people in
some villages express concern they experienced in hiring and
training. She said she has collaborated on ideas for
improvements, but not in this capacity or role.
1:42:37 PM
SENATOR REINBOLD pointed out that law enforcement agencies and
the public are frustrated. She said that law enforcement wants
its tools back.
MS. WINKELMAN said she has heard the frustration with laws being
implemented and tools not being available. She said that she can
make a commitment to doing what she can.
1:44:06 PM
CHAIR HUGHES turned to training and the effort to change laws to
make Alaskans safer. She asked whether the Alaska Police
Standards Council (APSC) will incorporate the changes in law
enforcement training. She wanted law enforcement to know the
tools that will be available to them. She asked whether that
will be part of the training or if each local police department
is responsible to advise its officers on changes to the criminal
statutes.
MS. WINKELMAN responded that each department is responsible for
training their own officers. However, the APSC provides officers
with certifications for training so it is globally responsible.
MS. WINKELMAN, speaking from the Department of Corrections
perspective, she said the APSC has been phenomenal in
communicating information on new laws and training
opportunities. She was uncertain how quickly the department
could respond and if funding will be available for training.
CHAIR HUGHES acknowledged the importance of disseminating
information and hoped it would be an ongoing mission for her.
1:46:23 PM
SENATOR SHOWER said the power of government flows from the
people according to the U.S. Constitution. He related his
understanding that law enforcement does not get much
constitutional training, including citizens' rights. His office
is looking at ensuring that officers are given more training
during their initial academy training and throughout their
career. He asked whether she would support that type of
training.
MS. WINKELMAN answered absolutely. She said that training on
laws and the constitution is imperative. She said she would
fully support it.
1:48:00 PM
REBECCA HAMON, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), King Salmon, said that she
has served two prior terms on the Alaska Police Standards
Council. She said that she is a public member but often works
with police officers. She said that she is an advocate for
victims of domestic violence and sexual assault. She stated that
she works in the courts, with individuals, and with agencies
that assist victims. She lives in King Salmon in Bristol Bay.
Her main organization is in Dillingham about 100 miles away. She
covers approximately 17 villages in the Lake and Peninsula
Borough. Most of the villages do not have specific law
enforcement nearby. Typically, it is 24 hours before law
enforcement can arrive to assess or arrest. She emphasized that
her community must be very creative to provide safety and it
helps people help themselves.
1:49:36 PM
MS. HAMON said that she began serving on the council without
really understanding the role of the Alaska Police Standards
Council. Serving on the APSC has helped her understand the
pressures and challenges of police officers in the state. It has
helped her to be a better team player with law enforcement. She
said she brings the small community viewpoint to the council.
She helps the council understand staffing and training
challenges due to remoteness and access. She said Alaskans in
villages have experienced a loss of trust with law enforcement.
She would like to restore confidence in law enforcement, she
said. She advocates for better training for law enforcement, as
well as providing behavioral health and mental health support
because the law enforcement jobs are demanding and taxing from a
personal standpoint. She emphasized the well-being of law
enforcement since it enhances their ability to do their jobs.
1:51:36 PM
MS. HAMON said she has lived in King Salmon for about 20 years.
She said that her husband is a biologist and pilot. Her 18-year-
old son is a pilot. Her daughter also works for PenAir. She said
that her family is very connected to the community. She serves
on the school board and has served on other boards. In small
communities, people wear a lot of hats. She offered her belief
that she brings a small-town perspective to the council. She
said that she also brings the perspective of people who have
been harmed by others and she wants to help victims find
satisfaction in how the law supports them.
1:53:00 PM
SENATOR REINBOLD said her community is fortunate to have someone
with her accomplishments to serve and work on domestic violence
and sexual assault issues.
1:53:45 PM
SENATOR MICCICHE asked whether she feels at a disadvantage in
dealing with career law enforcement and correctional
professionals. He asked whether she can relate to the technical
aspects.
MS. HAMON answered that she had some difficulties initially in
understanding their perspective. However, she eventually found
her voice on the council. She said that overlap exists because
she often works with the same people and types of cases. She has
discovered that police officers have the same struggle she has,
such that they do everything they can for victims, but must then
trust the courts and help people navigate the system. She said
she has found many allies on the board and they are able to see
the perspective of advocates and those in social services.
1:55:46 PM
MS. HAMON said that during her time serving on the Alaska Police
Standards Council, four officers have had their certifications
revoked. She said that it was complex, with a lot of public
emotion, but it has brought to light the struggle small
departments have in recruiting and retaining quality law
enforcement officers. She said it has helped her community to
have higher standards for law enforcement care. She offered her
belief that she was able to be unbiased, even though she knew
the law enforcement officers.
1:56:57 PM
SENATOR SHOWER asked whether she supported law enforcement
officers receiving training on the constitution during the
initial law enforcement academy and for recurrent training. His
goal is for law enforcement officers to understand citizens'
rights so they can protect those rights, he said. He asked for
her thoughts on the Village Public Safety Officer (VPSO)
program, whether it is working or if it needs changes.
MS. HAMON responded that she is a huge advocate of training. She
said that law enforcement officers work in complex communities.
She suggested that many young officers begin their jobs with
minimal training and must learn many things the hard way. She
has worked with the village public safety officers (VPSOs)
program and has found their presence to be very valuable. She
said that the troopers are stretched thin and it can take up to
36 hours for them to arrive. She said that 36 hours is important
in sexual assault cases. She emphasized that it is helpful to
have VPSOs in rural communities to provide some limited help
prior to the trooper's arrival. She would like to see them
receive additional training to reach a "highly-trained" level.
2:00:14 PM
CHAIR HUGHES said that the committee has been working on sexual
crime bills and have reviewed some of the statistics. Nationally
63 percent of sexual assaults are not reported, and these rates
could be much higher in Alaska for various reasons, including
cultural ones, she said. She recalled her mentioning she would
like to rebuild trust between the community and law enforcement
officers. She asked whether she has seen any progress in her
eight years serving on the council. She welcomed suggestions on
how to increase reporting and ways to make victims feel more
comfortable in doing so.
MS. HAMON said she enthusiastically supports a team approach.
She would like to see officers, advocates, and social services
staff attend programs together to provide services in a more
streamlined and coordinated way. She acknowledged communities
have a lack of trust in law enforcement officers and a lack of
reporting. She said that victims have come forward with sexual
assaults, that often the officers do everything they can, but
the district attorneys do not proceed with the case. She has
heard one reason is because cases are so expensive to try. She
acknowledged that other reasons exist, but victims do not feel
closure happens. She said that even with DNA evidence many cases
are not pursued. People watch crime shows and see how DNA is
used to solve cases, which confuses them because that does not
happen in their cases. She suggested education and teamwork
could help build trust. Sexual assault is a huge problem in her
community, including generational trauma. In some instances, the
mother, the grandmother, and the aunts have all had similar
experiences. She said that it is a complex, many-layered issue.
Any support for officers can only help her community.
2:04:07 PM
CHAIR HUGHES thanked her for having her sights on rebuilding
trust, improving reporting, and breaking down silos.
2:04:27 PM
SENATOR REINBOLD related a scenario that illustrated the
problems teenage sexual assault victims experience when police
disregard their assaults due to the lack of evidence. She said
she welcomes hearing from her ways to help stop this epidemic.
2:06:03 PM
STEPHEN DUTRA, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), stated that he came to Alaska
about 25 years ago from California. He started his law
enforcement career in Juneau, completed the State Trooper
Academy in Sitka and worked as a police officer for the City and
Borough of Yakutat. He had a wide range of duties, including
conducting arraignments, jail guard, and prisoner transports. He
met his wife and they moved to Fairbanks. He attended the
University of Alaska Fairbanks and obtained a Bachelor of Arts
Degree in Criminal Justice in 2007. During that time, he worked
for the City of North Pole, Police Department, first as an
officer and going up through the ranks. He has served as the
Chief of Police for seven years. He said he is proud of the
improvements made at the department. He expressed pride for the
professionalism and that people respect his department and
offices demonstrate. He remarked that he earned the Alaska
Police Officers Association (APOC) police chief of the year
award.
2:08:01 PM
MR. DUTRA said he participates in many activities in his
community. He said that he reads to fourth grade boys twice a
year in the "Guys Read" program. He has also been a Cub Scout
leader and baseball coach. He stated that he currently serves as
secretary for the Alaska Association of Chiefs of Police, Inc.
During that service, he discovered that giving back to the law
enforcement community is pretty important to him. He stated that
he recently became an ethics instructor at the University of
Fairbanks. He offered his belief that what law enforcement
stands for is critical and the importance of holding the
standard high.
He said that he would bring value to the council because he has
learned how to be understanding yet firm, a team player, and a
good listener. He said he values and facilitates teamwork and he
would like to give back to law enforcement. Thus far he has
attended two council meetings and believes that the core
services that the council provides is something that has
similarities to his current work. He said that he is motivated
to keep police standards high.
2:10:37 PM
SENATOR MICCICHE asked whether he attended the academy in 1996.
He said that some costs were shifted to municipalities for
training. He asked whether shifting costs has helped improve the
quality of the academy.
MR. DUTRA responded that the cost shifting has impacted his
budget. He said he would like the Alaska Police Standards
Council to find other ways to help some of the smaller agencies
fund the academy since it is costly. He pointed out that the
police officers in his agency work and then move on to other
departments, which is expensive.
2:12:03 PM
SENATOR MICCICHE responded that typically municipalities did not
have any influence in training content at the academies. Now
that municipalities are covering their own costs, he asked
whether he had more interest in the academy curriculum.
MR. DUTRA stated that his department has direct contact with the
academy. He said that the academy is very good about reaching
out to police chiefs. He offered his belief that the academy
does a good job.
2:13:09 PM
SENATOR REINBOLD remarked that she re-read the Chiefs of Police,
Inc.'s adamant letter against Senate Bill 91. She recalled that
the letter had indicated that at the core of its policy, that
Senate Bill 91 was dangerous for victims and all those in law
enforcement who strive every day to protect Alaskans. She said
that letter resonated with her. She solicited his help on
upcoming crime bills.
MR. DUTRA said he was one of the only police chiefs who signed
their name to one of the letters in opposition to Senate Bill
91. He said he serves on the legislative committee for the
Alaska Chiefs of Police, Inc. and the committee has been
reviewing the crime bills. He said they will be sending letters
of support for the bills.
2:14:58 PM
SENATOR SHOWER asked if he would support a changed policy to
increase the constitutional training at the academy and
recurrent training to help officers more fully understand the
rights of citizens. He said it is not that law enforcement in
Alaska has been doing things wrong, but the legislature finds it
important that officers always remember it starts with the
[U.S.] Constitution and we protect those rights because they are
critical rights.
MR. DUTRA agreed it is important to have constitutional training
at the academy and recurring training every four years to
reinforce the knowledge. He agreed that it is important to keep
law enforcement officers sharp.
2:16:50 PM
JOSEPH WHITE, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), gave a brief work history. He
is currently the Chief of Police for the Ketchikan Police
Department. He began working for the department in 1996, worked
up the ranks, and became Chief of Police about two years ago.
He said one of his big goals in his current role is to improve
community involvement. Under his leadership, the department has
started a citizens' academy and he instituted "Coffee with
Cops" to solicit citizen input. They are currently recreating a
team with the hospital, troopers, and Women in Safe Home (WISH)
advocates to provide the best quality of service. He has
attended two Alaska Police Standards Council meetings. He
characterized the council as being an important aspect for
Alaska law enforcement. The state gives police, probation, and
correctional officers so much power and control over citizens,
that it is important to ensure that it has oversight and abuse
does not occur. One of the biggest functions of the council is
to ensure that disciplinary action occurs and revoke
certification. If a law enforcement officer is having problems
and loses their certification, they should not work in a
position of authority in any other law enforcement agency.
MR. WHITE advocated for the need for highly trained officer. He
referred to constitutional training. "If we don't do it right
and its wrong, everybody loses," he said. This training helps
ensure that the department does not have internal issues and to
ensure that it does not impact communities when the department
loses cases.
2:19:38 PM
MR. WHITE said he believes in working collaboratively. He said
throughout his career he has observed multiple internal issues
for officers that resulted in verbal counseling to termination.
He said they always ask recruits if law enforcement needs to be
held to a higher standard and everyone agrees it should. He
offered his belief that the Alaska Police Standards Council
members must be fair and impartial when considering cases, but
if action is needed, it is important for them to act.
2:20:44 PM
SENATOR REINBOLD asked whether he was interested in speaking on
the record about Senate Bill 91. She asked whether he was
interested in getting tools back for law enforcement. She asked
whether he could provide any assistance with the crime bills,
including SB 12 and SB 32, 33, 34, and 35.
MR. WHITE answered yes. He acknowledged that significant
frustration has occurred. He offered his belief that some reform
in Senate Bill 91 was needed, but overall it has caused some
serious restrictions on public safety. He acknowledged that
providing additional tools to law enforcement would be positive
for communities.
SENATOR REINBOLD said that she welcomed letters of support on
the crime bills.
2:22:53 PM
BURKE WALDRON, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), provided a brief work history
that includes 25-year history in public safety. He worked in the
Division of Wildlife Troopers and the Alaska State Troopers. He
retired in 2015 and moved to Bethel about a year and a half ago.
He currently works as the Chief of Police for the Bethel Police
Department. He said he would like to serve on the Alaska Police
Standards Council because there has been a paradigm shift
nationwide on how people view law enforcement. He said that
ethics and integrity are very important to him. He said law
enforcement does a lot of good every day. However, a single
misstep or misdeed by a law enforcement officer can have
nationwide implications. He would like to help maintain ethics
and integrity for law enforcement.
2:25:07 PM
MR. WALDRON said that troopers do receive substantial
constitutional training at the academy and recurring training.
This includes training on use of force, search and seizure, use
of taser or pepper spray. He said this training usually has a
constitutional component. He related that two states have had
legislation introduced to change police standards. As those
standards change, and because court rulings interpret the
constitution, law enforcement must stay on top of it. He said
changes happen at the local, state, circuit court, and sometimes
even the U.S. Supreme Court.
2:26:54 PM
SENATOR REINBOLD referred to the high impact of sexual assault
and domestic violence in the Bethel region. She said his resume
indicates he was the deputy commander of the Alaska Bureau of
Investigations from 2005-2007, focusing on major criminal
investigations, including homicides and sexual assaults. She
said that she is alarmed over the epidemic of sexual assault and
domestic violence in Alaska. She asked that he help the
legislature figure out a strategy to prevent cases from being
dismissed and to ensure that their voices are heard. She
acknowledged that generational issues happen. She asked for his
help in generating support to help get the crime bills through
the legislature and deal with this crime epidemic in Alaska.
MR. WALDRON said he supports all of it. He was almost shocked to
see the level of abuse and the struggles victims have in the
Bethel region and offered to help.
SENATOR REINBOLD said she hoped to get letters of support for SB
12 and SB 35.
MR. WALDRON responded that he certainly would be willing to do
so.
2:31:05 PM
SENATOR KIEHL said he has the most experience of all the
candidates. He asked if there were gaps or specific things the
Alaska Police Standards Council should address.
MR. WALDRON answered that he has not specifically identified
anything yet.
2:31:56 PM
SENATOR SHOWER recalled he served as the operations commander
for the Alaska Wildlife Troopers from 2007-2013, which had a
fleet of helicopters and vessels. He asked whether that size
fleet is necessary or if the state could divest of some of the
assets. He expressed an interest in focusing funding on the core
responsibilities
MR. WALDRON said he has been absent for over five years, so he
no longer has the detailed knowledge. He said as fisheries, law
enforcement missions and budget constraints occur, these things
must evolve together. He thinks that some changes have been made
to the fleet.
2:34:12 PM
CHAIR HUGHES stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Alaska Police Standards Council
Jennifer Winkelman - Juneau
Rebecca Hannon - King Salmon
Stephen Dutra - North Pole
Joseph White - Ketchikan
Burke Waldron - Bethel
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
2:34:54 PM
CHAIR HUGHES stated upcoming committee announcements.
2:35:34 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Judiciary Standing Committee
meeting at 2:35 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJUD Agenda 2.25.19.pdf |
SJUD 2/25/2019 1:30:00 PM |
|
| JUD Police Standards Council Dutra #6.pdf |
SJUD 2/25/2019 1:30:00 PM |
|
| JUD Police Standards Council Hamon #6.pdf |
SJUD 2/25/2019 1:30:00 PM |
|
| JUD Police Standards Council Waldron #6.pdf |
SJUD 2/25/2019 1:30:00 PM |
|
| JUD Police Standards Council White #6.pdf |
SJUD 2/25/2019 1:30:00 PM |
|
| JUD Police Standards Council Winkelman #6.pdf |
SJUD 2/25/2019 1:30:00 PM |