HOUSE JUDICIARY STANDING COMMITTEE January 27, 1997 1:00 P.M. MEMBERS PRESENT Representative Joe Green, Chairman Representative Con Bunde, Vice Chairman Representative Brian Porter Representative Norman Rokeberg Representative Jeannette James Representative Eric Croft Representative Ethan Berkowitz MEMBERS ABSENT All members were present COMMITTEE CALENDAR OVERVIEW: Department of Public Safety PREVIOUS ACTION No previous action to record WITNESS REGISTER RONALD L. OTTE, Commissioner Department of Public Safety P.O. Box 111200 Juneau, AK 99811-1200 Telephone: (907)465-4322 CRAIG GOODRICH, Director State Fire Marshall Department of Public Safety 5700 East Tudor Road Anchorage, AK 99507 Telephone: (907)269-5722 MARY MORAN, Director Highway Safety Planning Agency Department of Public Safety P.O. Box 111200 Juneau, AK 99811-1200 Telephone: (907)465-4371 LADDIE SHAW, Executive Director Alaska Police Standards Council Department of Public Safety P.O. 111200 Juneau, AK 99811-1200 Telephone: (907)465-4378 COLONEL GLENN GODFREY, Director Division of Alaska State Troopers Department of Public Safety 5700 East Tudor Road Anchorage, AK 99507-1225 Telephone: (907)269-5641 COLONEL JOHN GLASS, Director Division of Fish & Wildlife Protection Department of Public Safety 5700 East Tudor Road Anchorage, AK 99507-1225 Telephone: (907)269-5509 KENNETH E. BISCHOFF, Director Administrative Services Department of Public Safety P.O. Box 111200 Juneau, AK 99811-1200 Telephone: (907)465-4336 JAYNE ANDREEN, Executive Director Council on Domestic Violence & Sexual Assault Department of Public Safety P.O. Box 111200 Juneau, AK 99811-1200 Telephone: (907)465-4356 ACTION NARRATIVE TAPE 97-4 , SIDE A Number 000 The House Judiciary Standing Committee was called to order by Chairman Joe Green at 1:00 p.m. Members present at the call to order were Representatives Brian Porter, Norman Rokeberg, Eric Croft and Ethan Berkowitz. CHAIRMAN JOE GREEN invited Ronald Otte, Commissioner, Department of Public Safety, to come forward with his presentation of the Department of Public Safety. Number 074 OVERVIEW: Department of Public Safety RONALD OTTE, Commissioner, Department of Public Safety, advised members that the department serves the public and the criminal justice community in a wide variety of ways; highway patrol and accident investigations, criminal investigations, search and rescue operations, drivers licensing, motor vehicle registration, concealed handgun permitting, enforcement of sport fish and hunting regulations and criminal history background checks for employment purposes. Number 490 COMMISSIONER OTTE advised members that personnel costs made up the greater share of the department's budget. He pointed out that in the last 10 years, the ratio of troopers to population had decreased approximately 25 percent. COMMISSIONER OTTE pointed out that since 1984, the state had spent approximately $4.5 billion on its capital budget with Public Safety's share amounting to approximately $24 million, or one half of one percent of the statewide total. Representatives Bunde and James arrived. CRAIG GOODRICH, State Fire Marshall & Director of Fire Prevention, Department of Public Safety, advised members that his position was created primarily for the purpose of fostering fire prevention activities in the state. He explained that presently, the State Fire Marshall was responsible for reviewing and acting, in a quasi fashion, as the chief building official in the state of Alaska. Mr. Goodrich noted that during 1996 they had reviewed over 1500 plans for construction in the state which totalled somewhat over $1 billion. MR. GOODRICH pointed out that in 1996, 29 people were killed in residential fires, of which none of households had operating smoke detectors. He advised members that the issue of operable smoke detectors was one area the division were focusing heavily on through various educational programs. MR. GOODRICH advised members that the fire marshall was responsible for licensing all fire departments that operate within the state. He noted that if a particular fire department did not register with the state Fire Marshall's Office they would not have the authority to operate and function in that community and would be required to obtain a search warrant in order to do so. MR. GOODRICH advised members that the state of Alaska had the worst loss of life and property loss due to fires of any state in the nation. He noted that the United States had the worst fire casualty statistic in the world. MR. GOODRICH pointed out that the Fire Marshall had statutory oversite for 321 fire departments. He advised members that in 1995, 40 percent of fire fatalities in the state were a direct result of juvenile arson. REPRESENTATIVE JEANNETTE JAMES referenced the numbers of school fires in the state and asked if the division provided fire inspections for schools and what types of code upgrades were necessary. MR. GOODRICH advised members that there was an emergency regulation that resulted in the adoption of the regulation which requires sprinkler systems to be installed in all new school construction projects, as well as schools requiring major remodeling. COMMISSIONER OTTE advised members that the department operated its own public safety academy in Sitka, Alaska. He pointed out that several years ago the legislature felt the department needed to implement a more efficient way of delivering training services. At that time, Commissioner Richard Burton and Deputy Commissioner C.E. Swackhammer worked out a program they entitled the Alaska Law Enforcement Training (ALET) program at the Sitka Training Academy. Commissioner Otte explained that it basically ran three programs; training of state troopers at the recruitment level, training of municipal police officers around the state and training of VPSO positions for rural Alaska. Commissioner Otte noted that there had been interest, on the part of the university, for the department to start training college students. At that time, the administration of the Department of Public Safety combined all of those programs, with the exception of the VPSO program, into one training program. Because of that effort, the ALET program, municipal police academy and state troopers, simultaneously, attend the same training program in Sitka. COMMISSIONER OTTE advised members that the scientific crime lab was a tremendous asset for law enforcement in the state and was fully accreditied by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board in 1996. Commissioner Ottee pointed out that only about one fourth of crime laboratories in the Unites States had achieved that accreditation. He explained that it provided forensic services with scientists specialized in serology, toxicology, chemical analysis, firearm tool mark, trace evidence, latent finger print case work and DNA testing. He noted that a superglue fuming wand, a hand held device, was invented by scientists in the crime lab to process crime scenes and had become a tremendous tool for law enforcement purposes worldwide. REPRESENTATIVE JAMES referenced the device that had been invented at the crime lab and asked who was entitled to the royalties. COMMISSIONER OTTE pointed out that that was a controversy that raged for some time. He was not sure if the matter was totally settled, however it was his understanding that as the issue was pursued and discussed with the Attorney General's Office, it appeared less likely that the state would receive any royalties. TAPE 97-4, SIDE B Number 000 COMMISSIONER OTTE moved on to explain the responsibilities of the Civil Air Patrol. He advised members that they were a federally chartered civil authority of the U.S. Air Force who receive both federal and state funds. He noted that if the Civil Air Patrol did not exist, the state would incur substantial costs replicating the search capabilities of the patrol. COMMISSIONER OTTE pointed out that the Civil Air Patrol owned 39 aircraft, had 121 volunteers, 20 organized squadrons statewide, and have accounted for 71 percent of all search and rescue flying hours this past year, and 63 percent of all of the searches. He noted that in 1995, 67 people were rescued as a result of their efforts. Number 72 MARY MORAN, Director, Highway Safety Planning Agency, Department of Public Safety, advised members the agency was federally funded. The mission of the Highway Safety Planning Agency was to enhance the health and well being of the people of Alaska through programs to save lives and prevent injuries on Alaska's highways. MS. MORAN pointed out that motor vehicle injuries were the leading cause of all injuries in the state for persons between the age of one and 55. She explained that the agency used their federal funds to work with police departments, community groups, school districts and other programs statewide that in some manner affect highway safety. MS. MORAN advised members the agency also provided funds to police departments, law enforcement agencies around the state, and highway overtime programs for holidays. Number 432 LADDIE SHAW, Executive Director, Alaska Police Standards Council, Department of Public Safety, explained that the council establishes and enforces minimum hiring standards for police, correctional officers, probation officers and parole officers. MR. SHAW stated that in 1994 the legislature supported the establishment of the Alaska Police Standards Training Fund by placing a surcharge on all traffic violations statewide. With those funds, the council was able to implement a huge in-service training support program and a basic training support program. Number 688 COLONEL GLENN GODFREY, Director, Division of Alaska State Troopers, Department of Public Safety, advised members that the state troopers were divided into six detachments throughout the state of Alaska, with each detachment commanded by a Captain or Lieutenant, depending on the size of the detachment. COLONEL GODFREY explained that the state troopers' authority within the McKinley National Park was by invitation only. COLONEL GODFREY explained that the licensing section within the division was responsible for administering the security guard licensing, sex offender registration and concealed handgun permit programs. The division's specialized traffic enforcement program, Step Team, utilizes the latest in radar and speed measuring technology in an effort aimed at reducing injury and fatal traffic accidents. COLONEL GODFREY advised members that the Department of Public Safety instituted open recruitment year around in 1996. He explained that that was very important to the department because it would allow applicants to be hired to fill vacancies as they become available. COLONEL GODFREY stated that as of January 1997, 1,385 persons had registered within the state as sex offenders. He noted that enforcement actions were being taken against persons required to register who had failed to do so. COLONEL GODFREY expressed that to date, 5,827 concealed handgun permits had been issued to Alaskans. He pointed out that 41 applications had been denied due to disqualifying criminal histories and seven permits had been revoked due to recent criminal convictions. COLONEL GODFREY informed members that the search and rescue division was a major part of the Alaska State Troopers responsibility. He noted that in 1996, the department participated in 181 search and rescue operations; saved or assisted 302 people, recovered 37 deceased victims and searched for five victims who were not located. COLONEL GODFREY continued noting that state troopers served 20,065 arrest warrants in FY 96, and 29,630 court writs. In addition, the department issues subpoenas, writs of assistance, restraining orders and garnishments. COLONEL GODFREY advised members that the state troopers administer the Village Public Safety Officers program which involved oversite, training, and indirect supervision of the VPSO positions located in rural communities. He noted that there were 125 authorized VPSO positions in the state. Also is FY 96, the troopers handled 84,602 reported offenses; investigated approximately 4,000 traffic accidents, issued 35,815 traffic citations and investigated 527 incidents involving death. COLONEL GODFREY went on to say that the department provides public education and crime prevention services by giving presentations at schools in an effort to reduce alcohol and drug use. He expressed that the department was also assisting the VPSOs in order that they might provide public safety types of services that prevent injury and death. VICE CHAIRMAN BUNDE referenced the seven concealed handgun permits that had been revoked and asked if the criminal activity involved a handgun. Colonel Godfrey believed the majority of the permits revoked involved criminal activity. DEL SMITH, Deputy Commissioner, advised members that it was his understanding that the permits were revoked because of other crimes committed that would cause them to lose the concealed handgun permit. VICE CHAIRMAN BUNDE referenced the sovereignty issue, and asked whether the state troopers would only be allowed to assist a sovereign nation by invitation only, as was currently done within McKinley Park. COLONEL GODFREY advised members the department would seek direction from the Attorney General's Office regarding law enforcement in sovereign areas. REPRESENTATIVE PORTER asked if that was the situation in Metlakatla at the present time. Colonel Godfrey advised members that troopers only assist in matters in Metlakatla by invitation of that local police department. COLONEL GODFREY touched on the VPSO programs advising members that they were employees of the Native regional nonprofit corporations, not employees of the state of Alaska. He noted that the state troopers were not their supervisors, although do provide technical expertise in areas of public safety and law enforcement issues, as well as the basic and ongoing training for the VPSOs. Colonel Godfrey explained that the regional nonprofits worked cooperatively with the troopers to direct the daily activities of VPSOs by working with the village leaders. Colonel Godfrey did point out that it was quite possible for a VPSO to be related to a majority of the people in his or her community, which would impose a tremendous amount of pressure on that individual. He expressed that the troopers and the nonprofit corporations understood those types of delicate circumstances and attempt to provide support to the VPSOs in dealing with those problems. REPRESENTATIVE ERIC CROFT asked if there had ever been suits brought against the state or the regional nonprofit organizations for the actions of the VPSOs. COLONEL GODFREY advised members there had been suits brought against the state. He noted that some had been settled, although some were ongoing issues. Colonel Godfrey pointed out that the Attorney General's Office was involved in those cases, as well as attorneys with the nonprofit corporations and the individuals bringing suit. VICE CHAIRMAN BUNDE noted that the VPSOs were trained by the state but employed by the regional corporations, and asked which entity would be liable if a VPSO was injured or involved in some type of malfeasance while in office. Colonel Godfrey advised members that was an ongoing issue with the state of Alaska, the VPSO program and the nonprofits. He noted that if an incident occurred that was attributed to some type of training provided by troopers that the state could be liable. Colonel Godfrey added that VPSOs were not covered by the state through risk management. COMMISSIONER OTTE reiterated that the VPSOs were employed by the nonprofit corporations and would be covered under whatever type of coverage offered by the each corporation. He felt the coverage did vary between the various nonprofits. TAPE 97-5, SIDE A Number 000 COLONEL JOHN GLASS, Director, Division of Fish & Wildlife Protection, Department of Public Safety, advised members the primary responsibility of his division was to prevent and investigate violations of fish and wildlife laws. To accommodate those responsibilities, the division utilizes aircraft, watercraft and motor vehicles to patrol approximately 586,000 square miles of land; 36,000 miles of coast land, and approximately 230,000 square miles of the Bering Sea. COLONEL GLASS stated that the marine enforcement section and the aircraft section support not only the Fish and Wildlife Protection Agency, but the Alaska State Troopers as well. COLONEL GLASS advised members there were at least seven posts within the state where fish and wildlife troopers were the only public safety representatives in the area. He expressed that there were 200,000 residential sport licenses issued for hunting and fishing within the state, and 250,000 additional nonresident users of the state's wildlife resources. COLONEL GLASS pointed out that between November 20th and December 15th, 1996, a special moose hunt was conducted within the Mat-Su area. He noted that during that period of time the division detected 40 illegal moose kills. COLONEL GLASS advised members that the marine enforcement section was primarily based in Kodiak. He noted that the fleet was getting old and maintenance requirements were increasing on the division's 17 vessels. VICE CHAIRMAN BUNDE referenced enforcement problems in the Bristol Bay fishery and the line at Egegik and asked Colonel Glass what was being done to reduce the incentive to aggressively fish the line. COLONEL GLASS advised members that he had contacted, by mail, the user groups of the Bristol Bay fishery, which involved 1,823 permit holders, as well as spending time with them in Seattle at the Fish Expo. Colonel Glass noted that he had also conducted a survey with the 1,823 Bristol Bay permit holders requesting their input on the situation, as well as input from the Department of Fish and Game. REPRESENTATIVE BERKOWITZ asked how much money had been recovered in fines from commercial fishing violations within the past year. COLONEL GLASS advised members that Bristol Bay, alone, generated between $800,000 to $1 million in fines during the six week fishery. He pointed out that was the assessed amount, not necessarily what was collected. REPRESENTATIVE BERKOWITZ asked if the state was apprehending all commercial fishing violators. Colonel Glass's response was, "absolutely not". Representative Berkowitz asked if Colonel Glass had any idea of the percentage of violators that were being picked up. COLONEL GLASS stated that based on the information he had received from the users themselves, the state was not even touching the tip of the iceberg. KENNETH BISCHOFF, Director, Administrative Services, Department of Public Safety, explained that his division was split into three components; administrative services, the Alaska Public Safety Information Network section, and the Alaska Criminal Records and Identification section. MR. BISCHOFF advised members that the Division of Administrative Services services the Alaska Public Safety Information Network which was currently the core system that reaches out to 2,000 users statewide; local police departments, courts, corrections and other agencies who have need to access criminal history information. The division also has access to the national networks, including the National Crime Information Center (NCIC), National Law Enforcement Telecommunication System (NLETS), which ties in all 50 states, as well as certain motor vehicle networks across the nation. Mr. Bischoff also noted that the department could provide the public with information relating to registered sex offenders within the state. JAYNE ANDREEN, Executive Director, Council on Domestic Violence and Sexual Assault, Department of Public Safety, advised members the mission of the council was to provide immediate safety and support to victims of domestic violence, sexual assault and incest. MS. ANDREEN pointed out that the council was statutorily mandated to provide funding and monitoring to locally based domestic violence and sexual assault programs around the state. MS. ANDREEN pointed out that Alaska had one of the highest rates of sexual abuse in the nation. A study conducted by the University of Alaska revealed that in a single year, 13,200 Alaskan women required medical treatment for injuries sustained through abuse. A detailed booklet was provided by the department that explained the department's mission and the services they provide. Number 2275 ADJOURNMENT There being nothing further to come before the committee, Chairman Green adjourned the House Judiciary Committee meeting at 3:13 p.m.