Legislature(2023 - 2024)BUTROVICH 205
01/31/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| EO 133 Eliminating the Criminal Justice Information Advisory Board | |
| EO 135 Eliminating the Alaska Safety Advisory Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
January 31, 2024
2:19 p.m.
MEMBERS PRESENT
Senator Jesse Kiehl, Vice Chair
Senator Cathy Giessel
Senator Löki Tobin
Senator James Kaufman
MEMBERS ABSENT
Senator Matt Claman, Chair
COMMITTEE CALENDAR
EO 133 ELIMINATING THE CRIMINAL JUSTICE INFORMATION ADVISORY
BOARD
- HEARD
EO 135 ELIMINATING THE ALASKA SAFETY ADVISORY COUNCIL
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
LISA PURINTON, Director
Division of Statewide Services
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Delivered a presentation on EO 133 on behalf
of the administration.
JAMES COCKRELL, COMMISSIONER
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Offered invited testimony in support of EO
133.
ELAINE BANDA, Consultation and Training Chief
Alaska Occupational Safety and Health (AKOSH)
Division of Labor Standards and Safety
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: Introduced EO 135 on behalf of the
administration and answered questions.
ACTION NARRATIVE
2:19:20 PM
VICE-CHAIR JESSE KIEHL called the Senate Judiciary Standing
Committee meeting to order at 2:19 p.m. Present at the call to
order were Senators Giessel, Tobin, and Vice-Chair Kiehl.
Senator Kaufman arrived immediately thereafter.
^EO 133 ELIMINATING THE CRIMINAL JUSTICE INFORMATION ADVISORY
BOARD
EO 133 ELIMINATING THE CRIMINAL JUSTICE
INFORMATION ADVISORY BOARD
2:20:22 PM
VICE-CHAIR KIEHL announced the consideration of Executive
Order (EO) 133, Eliminating the Criminal Justice Information
Advisory Board.
2:20:24 PM
SENATOR KAUFMAN joined the meeting.
2:21:02 PM
LISA PURINTON, Director, Division of Statewide Services,
Department of Public Safety (DPS), Anchorage, Alaska, delivered
a presentation on EO 133 on behalf of the administration,
stating this order would primarily affect the Division of
Statewide Services. The Department of Public Safety already has
statutory guidelines that cover some of the duties currently
handled by the Criminal Justice Information Advisory Board
(CJIAB). This EO proposes transferring all the duties of CJIAB
to DPS.
2:21:37 PM
PURINTON moved to slide 2 and discussed duties statutorily
required of the commissioner:
[Original punctuation provided.]
Department of Public Safety
Duties of the Commissioner as outlined in Alaska
Statute (AS) 12.62.110
• To develop and operate a criminal justice
information system to serve as the state's central
repository of criminal history record information
• To cooperate with other agencies of the state, the
criminal record repositories of other states, the
national repository maintained by the Federal Bureau
of Investigation (FBI), and other appropriate
systems to:
• Develop and operate effective interstate,
national, and international systems of criminal
identification, records, and statistics
2:23:37 PM
MS. PURINTON stated that DPS and contributing agencies adhere to
several statutes that:
- ensure the repository's data is complete and accurate,
- regulate access to information and when information can be
released,
- prescribe procedures for correcting errors in criminal
records,
- in rare instances, address sealing and purging criminal
justice information.
2:23:40 PM
MS PURINTON said slide 3 outlines the statutory cites that
govern these functions:
[Original punctuation provided.]
Statutory and Regulatory Requirements
The department maintains and operates the state's
criminal history repository based on statutory and
regulatory requirements:
• AS 12.62.120. Reporting of criminal justice
information
• AS 12.62.150. Completeness, accuracy, and security
of criminal justice information
• AS 12.62.160. Release and use of criminal justice
information
• AS 12.62.170. Correction of criminal justice
information
• AS 12.62.180. Sealing of criminal justice
information
• AS 12.62.190. Purging of criminal justice
information
2:24:13 PM
MS. PURINTON moved to slide 4 and provided an overview of the
department's central repository replacement project:
[Original punctuation provided.]
Executive Order (EO) 133
Governor Dunleavy issued EO 133 on January 15, 2024,
to transfer the duties of the Criminal Justice
Information Advisory Board (CJIAB) to the Department
of Public Safety (DPS)
• Amends AS 12.62 by adding a new section, AS
12.62.105, requiring DPS to advise criminal justice
agencies on matters pertaining to the development
and operation of the central repository
• DPS is currently undertaking a criminal justice
information system project to replace the central
repository and associated systems; advising all
stakeholders of the project and providing routine
updates regarding the project
2:25:17 PM
MS. PURINTON stated the central repository sits on a legacy
mainframe system that has been around since the late 1980s. DPS
has undertaken a five-year project to replace that system,
primarily using federal funding. She expressed her belief the
department is in year three of a five-year project. The project
is in the discovery phase, which involves deconstructing the
last 40 years of mainframe adaptations to make it into a modern
system. The department is working with the vendor to ensure no
degradation of existing data and that the new platform is
adaptable to current technology platforms.
2:26:10 PM
MS. PURINTON listed the following partner agencies that access
the central repository:
- the Department of Law,
- the Alaska Court System,
- local police departments, and
- other state agencies.
MS. PURINTON said these entities access the system through a
user-direct interface or an automated interface with the other
department's internal data management system. The central
repository system connects the department to nationwide systems,
enabling staff to find warrants, convictions, and driver's
licenses in other states. She stated that DPS has worked
diligently with partner agencies to keep them apprised of the
project and how the new system will affect them. DPS will
conduct training with partner agencies as the project nears
testing and completion.
2:27:22 PM
MS. PURINTON moved to slide 5:
[Original punctuation provided.]
Executive Order (EO) 133
• Amends AS 12.62.100 by removing subsection two and
the requirement for the DPS Commissioner to consult
with the CJIAB regarding the department's criminal
justice information systems
• Amends AS 12.62.120(a) by removing the requirement
for the DPS Commissioner to consult with the CJIAB
regarding which criminal justice agencies are
responsible for reporting information to the central
repository
• Amends AS 12.62.150(c) by removing the requirement
for DPS to provide an audit report to the CJIAB
• Repeals AS 12.62.100 establishing the CJIAB, and AS
12.62.900(3) defining the CJIAB
MS. PURINTON noted that while AS 12.62.150(c) would remove the
requirement that DPS provide audit findings to CJIAB, it would
not remove the requirement to conduct those audits. She
clarified this change cleans up statutory language pertaining to
the elimination of CJIAB, including removing the reporting
requirement to it.
2:28:26 PM
MS. PURINTON moved to slide 6:
[Original punctuation provided.]
CJIAB: Ineffective and Duplicative
• The CJIAB last met on October 15, 2019
• Only four meetings have been held since 2014
• The department has an agreement with the FBI and is
designated as the criminal justice information
services agency (CSA) for Alaska
• Requires the department to ensure standards are
established for criminal justice information
systems in Alaska
• The department and the FBI conduct audits to
ensure compliance, which requires training and
ongoing communication with criminal justice
agencies
MS. PURINTON reiterated the audit requirement is not going away.
She explained that the Federal Bureau of Investigation (FBI)
will conduct audits every three years to ensure DPS is in
compliance. The FBI also requires the State to audit criminal
justice agencies to ensure data is complete and accurate.
2:31:08 PM
SENATOR TOBIN brought up fingerprinting, noting that CJIAB
discussed it in the last few council meetings. She inquired
about the department's strategy for moving forward with
fingerprinting matters in the absence of CJIAB.
2:31:30 PM
MS. PURINTON responded, providing a few examples of how required
fingerprints might be overlooked or omitted, and how DPS
collaborates with other agencies to ensure they are obtained.
• Fingerprinting is a significant issue for criminal history
records.
• Sometimes individuals fail to follow up on fingerprinting
requirements after being cited or summoned to court.
• Some individuals may not get fingerprinted during the
correctional facility booking process for various reasons.
Without fingerprint support and biometrics to prove who that
person is, DPS cannot disseminate that information outside
Alaska. This poses significant issues when considering severe
felony person crimes.
2:32:30 PM
• DPS diligently tries to ensure fingerprints are in the system
and works with its agencies. The department manages criminal
history records and checks for fingerprints upon receiving
felony judgments from courts. If fingerprints are missing, DPS
reaches out to the Department of Corrections to close the
omission gaps and ensure fingerprints are obtained.
• DPS collaborates with the Division of Probation, Parole, and
Pretrial, Department of Corrections, to obtain fingerprints
for individuals under supervision.
• DPS utilizes grant opportunities like the National Criminal
History Improvement Program (NCHIP) to acquire additional Live
Scan devices for agencies. The department assists with
funding, policy improvements, training, and maintenance of
Live Scan devices for agencies.
2:34:34 PM
MS. PURINTON explained that DPS has a lot of formal and informal
groups it meets with on a routine basis. She moved to slide 7,
which lists some of those partner organizations:
[Original punctuation provided.]
Other Criminal Justice Advisory Groups
• The Alaska Criminal Justice Data Analysis Commission
• The Criminal Justice Working Group
• Alaska's Multi-Agency Justice Integration Consortium
• Various national working groups for improving
criminal justice information systems
• FBI Advisory Policy Board
• The National Consortium for Justice Information
and Statistics (SEARCH)
2:35:02 PM
MS. PURINTON said these groups regularly convene monthly,
quarterly, or semi-annually. DPS continuously improves the
accuracy and completeness of criminal justice information
systems, particularly the central repository, which contains
criminal history records. She said that the department works
with national and state organizations to ensure it uses best
practices, benefiting from the successes of other states.
2:35:43 PM
MS. PURINTON moved to slide 8:
[Original punctuation provided.]
Criminal Justice Information Data Sharing
• Interoperability between the department's central
repository and several state and local criminal
justice agencies
• Informal and formal data sharing agreements in place
• Internal and external audits are conducted on the
department's central repository
2:36:13 PM
MS. PURINTON concluded the presentation by stating that CJIAB is
somewhat duplicative as DPS already performs many board duties
and exceeds board requirements. She asserted that the absence of
CJIAB would have no adverse effect on DPS nor increase its
workload. She moved to slide 9 to show the benefits of EO 133:
[Original punctuation provided.]
EO 133 Benefits in Summary
• Streamlined operations
• Continued expertise and communication
• Board inactivity
• No increase in workload
• Developed communication strategies
• Cost efficiency
• Enhanced accountability
2:38:36 PM
VICE-CHAIR KIEHL pointed out that the purpose of CJIAB seems to
ensure communication and collaboration before decisions are
made. He brought up financial and other implications of
unilateral decision making, noting that entities other than DPS
could bear the cost and burden of those decisions. He wondered
how to prevent a top-down approach to decision-making without a
formalized, collaborative structure like CJIAB in place.
MS. PURINTON answered that the department has historically had a
good, collaborative relationship with these organizations. She
said that CJIAB has not been effective. Local governments have
not had a voice in almost a decade, yet the department has
maintained a good relationship with these organizations. She
said that DPS is responsive to the needs of organizations and
listed the following examples of collaboration with them:
- DPS just completed a project working with tribal organizations
that allowed the department to input tribal protective orders
into the system. Initially, the system was configured for State
protective orders and lacked the capability to accommodate
anything beyond State law. DPS worked with tribal organizations
to enhance the system's functionality and add tribal protective
orders for those opting in. These orders were structured to
closely resemble State-issued orders.
2:40:55 PM
- DPS partnered with the Alaska Court System (ACS). The court
system developed a bail repository pilot project in Fairbanks,
and it is a phenomenal system. Bail conditions are input in
the court bail repository for persons out on release. DPS
configured the central repository to interface with it
directly. The outcome of this project provided officers with
real-time access to data in the field.
- The Municipal Prosecutor's Office had a project with the
Anchorage Police Department to enter domestic violence bail
conditions. DPS set up coding and shortcuts to make data entry
easier for the Municipal Prosecutor's Office. The outcome of
this project was that it alerted law enforcement about
individuals on domestic violence bail conditions with relevant
contacts without the need for extensive data entry.
MS. PURINTON said that DPS is responsive to the needs of its
partner organizations to streamline processes and ensure the
system works for everyone's needs.
2:42:11 PM
VICE-CHAIR KIEHL shared an anecdote from when CJIAB met
regularly. He recounted a situation where law enforcement had
expected to have certain data from the Alaska Public Safety
Information Network (APSIN), only to discover that the Division
of Motor Vehicles (DMV) had stopped reporting that information.
He expressed his understanding that having a group that met
regularly was instrumental in identifying data omissions before
they became problematic.
2:42:55 PM
MS. PURINTON said that she is not familiar with that
specifically; however, her division has worked with DMV on the
repository modernization project. DMV provides driver
information that is input into the repository, which is critical
data for law enforcement.
MS. PURINTON illustrated how DPS worked collaboratively with DMV
to resolve a vehicle registration issue. DMV changed its process
for non-expiring, lifetime vehicle registrations. A problem
arose from the way the division input data into the repository.
Law enforcement could only see the last expiration, not the non-
expiring registration which is grounds for a traffic stop. She
worked with DMV to resolve data mapping issues and that is how
the department resolves problems. If the problem is unresolved,
it is elevated up through the chain of command until it is. She
said agencies are rarely at an impasse, but when they are,
problems could be elevated up the command chain to the
commissioner level.
2:45:00 PM
JAMES COCKRELL, Commissioner, Department of Public Safety,
Anchorage, Alaska, offered invited testimony in support of EO
133, stating that DPS is saturated with too many councils. The
department is past capacity, and meetings are seldom fully
attended. He said that he has complete confidence in the
Department of Public Safety. The department's history proves it
works with other agencies to ensure the implementation of data
and procedures for public safety. EO 133 is good for DPS,
relieving it of one less zero-funded responsibility.
^EO 135 ELIMINATING THE ALASKA SAFETY ADVISORY COUNCIL
EO 135 ELIMINATING THE ALASKA SAFETY ADVISORY COUNCIL
2:46:00 PM
VICE-CHAIR KIEHL announced the consideration of Executive
Order 135, Eliminating the Alaska Safety Advisory Council.
2:46:37 PM
ELAINE BANDA, Consultation and Training Chief, Alaska
Occupational Safety and Health (AKOSH) Program, Division of
Labor Standards and Safety, Department of Labor and Workforce
Development (DOLWD), Anchorage, Alaska, introduced EO 135 on
behalf of the administration. She gave a brief overview of the
Alaska Safety Advisory Council (ASAC), explained its connection
with the Governor's Safety and Health Committee, and her role in
both organizations.
MS. BANDA said ASAC is made up of volunteers from around the
state. They share a common interest in Alaska's workforce and
its safety and health. These volunteers are appointed by the
governor and come from various industries, many of whom are in
the safety industry. For several years, their primary function
has been hosting the Governor's Safety and Health Conference.
Under the umbrella of ASAC, the council seeks additional
volunteers to assist with sponsoring the annual conference.
These members make up the Governor's Safety and Health
Committee. She said that she has participated in the committee
since 2012, and in 2020, the governor appointed her to ASAC. She
reiterated that the primary responsibility of ASAC and the
Governor's Safety and Health Committee has been to host the
annual conference.
2:48:32 PM
MS. BANDA referenced the statute in EO 135 that lists ASAC
responsibilities. AS 18.60.030 outlines these duties, which
include:
- Plan and execute programs, such as education and accident
prevention campaigns.
- Study ways to prevent accidents on streets, on highways, in
the water, and in homes.
- Confer with public agencies responsible for safeguarding
accidents, specifically with the Department of Transportation
and Public Facilities (DOTPF), the Department of Education
and Early Development (DEED), the [Department of Health], and
various other state entities.
2:49:37 PM
MS. BANDA said that ASAC offers recommendations on state policy
and programs for the safety and health of Alaskans. She noted
that the membership of ASAC and the Governor's Safety and Health
Committee are predominately made up of individuals who work
full-time jobs. They volunteer their spare time to work on
hosting the conference and preparation for it takes at least
seven or eight months. Volunteers do not have enough time to
fulfill the duties and responsibilities outlined in statute. She
emphasized her longstanding involvement on the committee since
2012, asserting that the only function that the council
currently fulfills is the conference. She stated that
transferring ASAC responsibilities to DOLWD will ensure the
department carries out all the duties beyond organizing the
conference.
2:51:59 PM
SENATOR TOBIN said this is helpful to hear. She acknowledged
that managing volunteers can be challenging. She said, on the
one hand, the work falls upon a handful of people when there is
a shortage of volunteers. On the other hand, volunteers bring
expertise, insight, and citizen engagement, particularly in
government. She said that she is a big advocate for citizen
engagement. She said ASAC's membership is derived from multiple
sectors: industry, municipal government, and other sectors. She
asked how the department would source that kind of expertise
without volunteers on the council.
2:52:53 PM
MS. BANDA replied, making these points:
- DOLWD would be accountable.
- Volunteers would continue to participate.
- Volunteers would perform all the functions that ASAC is not
doing.
- An entity would oversee the work to ensure it is on task.
- Oversight would ensure all duties are fulfilled.
2:53:57 PM
MS. BANDA explained that Alaska Occupational Safety and Health
(AKOSH) already performs many ASAC functions. She said that she
represents the consultation and training half of AKOSH; the
other is enforcement. Volunteers do not have the authority to
enforce. AKOSH is fulfilling that duty, not volunteers. She
explained that AKOSH is already in the community working,
campaigning, and consulting and has programs in place, such as:
- the Voluntary Protection Program,
- the SHARP Program, and
- the CHASE Program
MS. BANDA said the department would streamline some duties. She
pointed out that someone needs to ensure the work gets done,
that is not happening right now.
2:54:59 PM
SENATOR TOBIN said her first job out of college was as a
volunteer coordinator for Boys and Girls Clubs. She appreciated
the organization for providing her with training and
professional development. It took effort, and the organization
paid someone to perform the job. She pointed out that EO 135
does not have a fiscal note outlining the cost to do critical
volunteer management work. She asked her to expound on funding.
MS. BANDA replied that the budget always provides source funding
for the Governor's Safety and Health Conference. She said that
she would get back to the committee with specific costs.
2:56:20 PM
VICE-CHAIR KIEHL noted that, if he interprets the governor's
budget correctly, there is some funding available. He asked what
the position count is for the Alaska Safety Advisory Council
(ASAC).
MS. BANDA replied ASAC has 14 members from various industries.
The department would consider creating the following three
positions if ASAC were eliminated and its functions transferred
to DOLWD:
- A liaison-type position.
- A project manager.
- An administrative assistant.
MS. BANDA said that she does not know the cost associated with
these three positions.
2:57:33 PM
SENATOR GIESSEL asked whether ASAC has a full complement of 14
members.
MS. BANDA replied no. She stated her belief that a generous
estimate would be 8 or 9 members. She said a core group of five
active members consistently participate, including herself. She
emphasized the challenge of fulfilling the council's duties with
a shortage of members and doing this while having a State job.
2:58:25 PM
VICE-CHAIR KIEHL thanked Ms. Banda for her presentation and for
taking committee questions.
3:00:07 PM
There being no further business to come before the committee,
VICE-CHAIR KIEHL adjourned the Senate Judiciary Standing
Committee meeting at 3:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Department of Public Safety Executive Order 133 Presentation to Senate Judiciary 1.31.2024.pdf |
SJUD 1/31/2024 1:30:00 PM |
EO 133 |