Alaska Rural Justice and Law Enforcement Commission

1. Alaska Rural Justice and Law Enforcement Commission Presentation to the Alaska Bar Association June 14, 2006

2. Alaska Rural Justice and Law Enforcement Commission Presentation Summary • History • Commission Membership • Process • Recommendation Highlights • Recommendations Impacting State Law • Commission’s Future • Question and Answer

3. Alaska Rural Justice and Law Enforcement Commission History • Created by Congress in 2004 (PL-108-199) • Charged with studying 4 broad areas: 1. Law Enforcement 2. Judicial Services 3. Alcohol Importation and Sale 4. Domestic Violence and Child Abuse

4. Alaska Rural Justice and Law Enforcement Commission Commission Membership (Nine) • Members appointed by U.S. Attorney General (Department of Justice) on 9/2/2004 • Federal and State Representatives served as Co-Chairs U.S. Attorney and Alaska Attorney General

5. Alaska Rural Justice and Law Enforcement Commission Federal Co-Chair (U.S. Attorney): Deborah Smith (Tim Burgess also served in this position) State Co-Chair (Attorney General): David Márquez (Gregg Renkes & Edgar Blatchford also served in this position) Commissioner of Public Safety: Bill Tandeske Alaska Municipal League: Bruce Botelho (preferably a rural member) An Organized Borough: Empty Seat (Roswell “Ross” Schaeffer resigned from this position)

6. Alaska Rural Justice and Law Enforcement Commission Alaska Federation of Natives: H. Buddy Brown (Ethan Schutt served in Buddy’s seat) Tribal Representative: Wilson Justin Non-Profit Native Corp: Loretta Bullard (that operates a VPSO program) Alaska Native Justice Center: Gail Schubert Non-Voting Federal Court Rep.:James Torgerson

7. Alaska Rural Justice and Law Enforcement Commission Staff • Alaska Native Justice Center – logistical support • Additional support: AFN, AI-TC, Regional Native Non-Profits, Alaska Court System, DHSS and DOC • Various experts on a contract basis • Special Assistant – technical support

8. Alaska Rural Justice and Law Enforcement Commission Process • Commission Meetings October 2004 - Present • Four Working Groups January – April 2005 • Pubic Hearings October 2004 to April 2005 • Finalized Initial Report and Recommendations

9. Alaska Rural Justice and Law Enforcement Commission • Public Hearings (15 total) - Held mainly in Rural Locations - Partnered with meetings of prominent organizations - Recorded and transcribed for review by Commissioners

10. Alaska Rural Justice and Law Enforcement Commission • AFN Convention – Invited Testimony • Alaska Municipal League – Invited Testimony • Alaska Inter-Tribal Council Convention – Invited Testimony • Sitka - Public Testimony • Juneau – Public Testimony • Anchorage – Public Testimony • Southwest Alaska Municipal Conference - Invited Testimony • Bristol Bay Native Association, Dillingham – Public Testimony

11. Alaska Rural Justice and Law Enforcement Commission • Kawerak, Inc. – Public Testimony • Native Village of Kotzebue – Public Testimony • North Slope/NW Arctic Borough (Barrow) – Public Testimony • Tanana Chiefs Conference – Fairbanks Invited Testimony • Assoc. of Village Council Presidents – Bethel • Mt. Sanford Tribal Consortium • Organized Village of Kake

12. Alaska Rural Justice and Law Enforcement Commission • Working Groups - (50 members total) - Formed by topic area: -Law Enforcement -Judicial System -Alcohol Sale and Importation -Domestic Violence/Child Abuse - Chaired by Commission members - 8 – 17 members - Charged with presenting options - Met January – April 2005 - weekly by teleconference - face to face meetings

13. Alaska Rural Justice and Law Enforcement Commission Recommendation Highlights • Working Groups created over 100 options • Commission adopted and organized options • 9 general categories as follows:

14. Alaska Rural Justice and Law Enforcement Commission Recommendations • Engage in More Partnering and Collaboration • Make Systemic Changes to Improve Rural Law Enforcement • Enlarge the Use of Community-based Solutions • Broaden the Use of Prevention Approaches • Broaden the Use of Therapeutic Approaches • Increase Employment of Rural Residents in Law Enforcement and Judicial Services • Build Additional Capacity • Increase Access to Judicial Services • Expand the Use of New Technologies

15. Alaska Rural Justice and Law Enforcement Commission Engage in More Partnering and Collaboration • Develop more effective communication and coordination, including cross training, among and between all governments and service agencies and organizations • Strengthen state policy recognizing tribal civil decision-making • Develop voluntary MOUs between tribes and the state – there is historic precedent and state law expressly authorizes DHSS to enter into agreements under ICWA

16. Alaska Rural Justice and Law Enforcement Commission • Make changes to federal laws to require more coordination • Broaden the cross-recognition of judgments, final orders, laws and public acts of tribal, state and federal governments (e.g., ICWA and VAWA) • Increased funding for DV programs for rural Alaska • Develop agreements to better coordinate law enforcement and judicial services in rural AK

17. Alaska Rural Justice and Law Enforcement Commission Make Systemic Changes to Improve Rural Law Enforcement • Secure funding to ensure that all law enforcement officers in rural Alaska have a basic minimal level of training and certification • Law enforcement should be accomplished in a manner that does not threaten or diminish the sovereignty of either the state or tribes • Cross-deputization of tribal and state/municipal police officers could help meet rural law enforcement needs if the state/tribes can reach agreement on shared training, certification and liability standards

18. Alaska Rural Justice and Law Enforcement Commission • Develop a reliable and up-to-date database identifying rural Alaska officers and current training levels for state/tribal/other village law enforcement to work effectively together • Develop infrastructure to support new rural law enforcement, including housing, communications, technology, transportation, holding facilities, offices, and equipment • Federal government undertake a more active role (including funding) to ensure adequate law enforcement in villages • Examine options for alternative methods of police and public safety training – regional training programs/centers

19. Alaska Rural Justice and Law Enforcement Commission • Change state law to help law enforcement reduce importation of alcohol into dry villages • Change state law to better clarify definition of “manufacture” of alcoholic beverages; remove inconsistencies in existing laws re quantities of alcohol that constitute violations; expand forfeiture and seizure provisions; ban written order sales to dry or damp villages; and establish alcohol distribution sites such as that in Barrow

20. Alaska Rural Justice and Law Enforcement Commission DPS Specific Recommendations • Initiate regional rural recruitment effort for rural police and public safety officers • Develop part-time law enforcement positions for smaller villages and provide intensive training and continuing support • Develop new approaches to provide housing in villages for new officers • Initiate new system to ensure coverage in villages while officers being trained

21. Alaska Rural Justice and Law Enforcement Commission Recent State Efforts to Improve Rural Law Enforcement • New Troopers and Prosecutors • Rural Prosecution Team • Domestic Violence Fatality Review Teams • Cold Case Prosecutor • Village Safety Aides

22. Alaska Rural Justice and Law Enforcement Commission State Efforts to Address Alcohol Importation and Interdiction • Postal Service cross designation authority • Governor’s Omnibus Crime Bill - SB 170 (2004) • Significant Bootlegging Prosecutions

23. Alaska Rural Justice and Law Enforcement Commission Enlarge the Use of Community-based Solutions • Amend state law to allow DJJ to delegate its authority to tribes (as defined in ICWA) in certain juvenile matters • Amend Title 47 to permit tribes to participate in state court juvenile proceedings including sentencing or other proceedings and treatment • Expand funding for local prevention, intervention programs for DV and child abuse • Develop community-based, restorative justice re-entry programs • DOC seek alternatives to out-of-state prisons including working with Native regional and non-profits • Explore alcohol distribution centers

24. Alaska Rural Justice and Law Enforcement Commission Broaden the Use of Prevention Approaches • Insufficient prevention in rural Alaska • Expand culturally appropriate programs • Engage youth and adults in healthy activities • Information in schools – early grades -DV, child abuse -Teaching respect-based values (Elders) -Interpersonal relationships -Alcohol/substance abuse

25. Alaska Rural Justice and Law Enforcement Commission Broaden the Use of Therapeutic Approaches • Alcohol/drug abuse -Local, family-oriented and culturally based substance abuse treatment programs -Long term residential care in hubs – women/children -Network of aftercare services in village to help sobriety -DOC work with nonprofit corporations to develop culturally relevant BH treatment programs for incarcerated individuals -Expand adolescent treatment programs

26. Alaska Rural Justice and Law Enforcement Commission • Court System expand use of additional therapeutic courts in rural Alaska • Make changes to current foster care system -Group homes for youth not eligible for foster care -Change regulations to allow close relatives to receive compensation for foster care • Increase number of Alaska Native foster homes for Alaska Native children

27. Alaska Rural Justice and Law Enforcement Commission Increase Employment of Rural Residents in Law Enforcement and Judicial Services • Overrepresentation of Alaska Natives in correctional systems • Focused recruiting effort to employ Alaska Natives in systems (COs and POs, VPSOs and other local law enforcement programs -Increase number of Alaska Native VPSOs -Increase utilization and training of VPSOs as Probation Officers -Consider contracting with tribal governments to provide oversight of community service work

28. Alaska Rural Justice and Law Enforcement Commission Build Additional Capacity • Lack of infrastructure to support rural Alaska public safety -Improve housing -Increase intra-community transportation -Provide adequate law enforcement offices and holding facilities -Improve equipment

29. Alaska Rural Justice and Law Enforcement Commission -Implement “sub-hub” concept -State-wide data base and reporting requirements to monitor investigations • Consistent training for relevant court personnel and judges in DV, CA and SA

30. Alaska Rural Justice and Law Enforcement Commission Increase Access to Judicial Services • Enhanced funding to increase rural Alaskans’ access to civil legal assistance • Restore federal funding opportunities for tribal courts located within the boundaries of municipalities • Increase use of tribal courts and video-conferencing capability • Training and technical assistance for state & tribal judges re cultural differences • State collaborate more with tribal courts, provide translators and increase training on cultural competency and effective diversion programs

31. Alaska Rural Justice and Law Enforcement Commission Expand the Use of New Technologies Increase access to telecommunications • Allow law enforcement to use telehealth system in rural Alaska • Create system of regional 911 dispatch centers • Open eligibility of tribes and rural Alaska police and public safety officers to Homeland Security programs and funding • DOC explore electronic monitoring pilot project • ABC Board develop statewide database for alcohol written orders

32. Alaska Rural Justice and Law Enforcement Commission What didn’t get done? • Development of uniform statewide tiered system of certification and training • Develop template cross-deputization agreement between state and tribes • Develop voluntary MOUs between tribes and state to coordinate and integrate child protection and DV protective services • Appendix G-Alcohol Jurisdiction

33. Alaska Rural Justice and Law Enforcement Commission Commission Future • Request to Congress to extend life of the Commission • Expand representation on Commission • State of Alaska, Commissioner of Health and Social Services • Representative of Alaska Native Health Care providers • Non-Voting State Court representative appointed by the Chief Justice of the Alaska Supreme Court

34. Alaska Rural Justice and Law Enforcement Commission Commission Future • Continue dialogue with stakeholders • Monitor development and implementation of recommendations • Conduct additional research • Evaluate the impact of new and expanded activities into the future

35. Alaska Rural Justice and Law Enforcement Commission Commission Future • Objectives to ensure implementation of Commission recommendations: • Advocate at State and Federal levels • Educate and obtain buy-in from stakeholders and public • Advocate for expansion of innovative prevention, early intervention and treatment programs • Increase interest in recruitment, training and hiring of qualified Alaska Natives in the law enforcement and justice fields • Further define the role of the Commission

36. Alaska Rural Justice and Law Enforcement Commission Questions and Answers