Initial Report and Recommendations - Alaska Department of Law
Initial Report and Recommendations - Alaska Department of Law Initial Report and Recommendations - Alaska Department of Law
Current Status:In areas without an active tribal court, victims are forced to go to state court for civil legalproblems. All rural criminal cases go through state court with exception of few diversionprograms such as Kake’s program.Ideal Status:Every state and tribal court open to each rural Alaskan for civil needs. Criminal needs addressedthrough state system with more diversion programs such as Kake’s.Structural Barriers (e.g., statutes, regulations, etc.):a) State’s resistance to tribal courts. PL 280 issues for criminal cases (although not a bar ofdiversion programs).Some tribal courts do not have the infrastructure or desire to handle certain types of cases.b) Geographical barriers make accessing the state system difficult.c) Loss of faith in criminal/civil justice systems lowers reporting of crimes and keeps unhealthyfamilies.Option(s):a) Increase training for tribal courts such as Alaska Inter-Tribal Council’s (AITC)programs/ALSC, TCC, ANJC, UAF-Fairbanks.b) State changes its stance as to tribal courts. 150 Increased training on diversion programs.Training on how to develop culturally relevant, effective models.c) Translators available at all times in state court.d) See "Options" submitted in Problem Area 1 of Development of Local Capacity Issues (i.e., D-LC 1-1) regarding tribes and state reaching agreement on tribal jurisdiction, state reconsideringAG opinion dated October 1, 2004, and funding for tribal courts, which are incorporated here byreference.______________________________________________________________________________Recommendation 51 combines D–AJ3 and D-AJ4D-AJ3Statement of problem(s):Some victims are uncomfortable in accessing tribal justice systems because of inter-relationshipsof opposing party with tribal court administration or adjudicators.Current Status:State court doors remain open to these victims but physical barriers are problematic and culturalconcerns.Ideal Status:Sensitize state court system to be more culturally relevant to Alaska Natives/educate tribal courtpersonnel about domestic violence issues.Structural Barriers (e.g., statutes, regulations, etc.):Money and time.Option(s):Cultural competency training for court staff. 151Tribal courts develop and adopt guidelines for recusing or responding to conflict situations and toprevent a single family group or faction to “take over” court.149 The footnote for this option is in the Report narrative.150 The footnote for this option is in the Report narrative.151 The footnote for this option is in the Report narrative.Alaska Rural Justice and Law Enforcement Commission - Page 109
______________________________________________________________________________D–AJ4Statement of problem(s):State’s courts not physically located in all rural areas making access difficult/Not all tribes havecourts.Current Status:State courts are present in 58 locations. Telephonic participation hearings available. Not alltribes have active tribal courts.Ideal Status:Every rural village that wants one would have an active tribal court and better access to statecourt, including translators.Structural Barriers (e.g., statutes, regulations, etc.):Disagreement over jurisdiction for tribal courts/clarification of jurisdiction.Option(s):Need to change attitudinal policy that divides rather than works on improving services for peopleSee "Options" submitted in Problem Area 1 of Development of Local Capacity Issues (i.e., D- LC1-1) regarding tribes and state reaching agreement on tribal jurisdiction, state reconsidering AGopinion dated October 1, 2004, and funding for tribal courts, which are incorporated here byreference.______________________________________________________________________________Recommendation 52 (JS-24): Electronic Monitoring TechnologyStatement of Need:There is a need to utilize developing technologies to facilitate probation supervision in rural aswell as urban communities.Option:The Department of Corrections should be encouraged to continue the evaluation of electronicmonitoring technology for use in rural Alaska and include training on its use to Village PublicSafety Officers.Rationale for Option:• Current electronic monitoring technology can indicate that the probationer is not where s/heis supposed to be; new GPS technology can indicate where the probationer actually is.• Simultaneously, this technology by itself is not sufficient, in the absence of a lawenforcement presence, to protect the community.Impact Statement:This technology, if used in conjunction with other measures to increase actual law enforcementpersonnel, could enhance probation monitoring and public safety in small communities.______________________________________________________________________________Recommendation 53 (ALC-8): Alcoholic Beverage Control Board (ABC Board) regulationstatute changes: ABC Board to run “alcohol written-order” statewide, compatible database (when alcohol is shipped, the order is electronically entered to track serial purchasing)Statement of Need:To coordinate the records of purchases from liquor stores, so that liquor stores can determinewhether a proposed written order purchaser has already purchased their monthly legal limit, andto help ensure that prohibited individuals can not make the purchases.Option:ABC Board to develop and oversee an “alcohol written-order” statewide database, which wouldinclude prohibitions of purchases based on court proceedings.Alaska Rural Justice and Law Enforcement Commission - Page 110
- Page 66 and 67: skills necessary to communicate wit
- Page 68 and 69: and others in the tribal community
- Page 70 and 71: A Comparison of Alaska and the Lowe
- Page 72 and 73: Map Showing the Location of All Ala
- Page 74 and 75: Appendix BBiographical Sketchesof C
- Page 76 and 77: Revenue. Mayor Botelho became Deput
- Page 78 and 79: His wide range of experience includ
- Page 80 and 81: Alaska Rural Justice and Law Enforc
- Page 82 and 83: Workgroup MembersWorkgroup 1: Law E
- Page 84 and 85: Appendix EPhotograph of Commissione
- Page 86 and 87: Appendix FCommission Recommendation
- Page 88 and 89: ) Power differential between govern
- Page 90 and 91: 9. Adequate legal infrastructure to
- Page 92 and 93: ___________________________________
- Page 94 and 95: encouraged and permitted to partici
- Page 96 and 97: ___________________________________
- Page 98 and 99: ___________________________________
- Page 100 and 101: Impact Statement:More culturally ap
- Page 102 and 103: ___________________________________
- Page 104 and 105: Option(s):a) Incorporating attitude
- Page 106 and 107: Current Status:Youth Opportunity Gr
- Page 108 and 109: Ideal Status:a) Aftercare programs
- Page 110 and 111: issues; and in the event this becom
- Page 112 and 113: ___________________________________
- Page 114 and 115: Ideal Status:Mandatory training yea
- Page 118 and 119: Rationale for Option:To reduce the
- Page 120 and 121: All of the workgroups’ options ca
- Page 122 and 123: • All available vehicles should b
- Page 124 and 125: Appendix HAttachments for Recommend
- Page 126 and 127: (2) materials and equipment used in
- Page 128 and 129: under this section if the family me
- Page 130 and 131: AS 04.11.140(g) package store licen
______________________________________________________________________________D–AJ4Statement <strong>of</strong> problem(s):State’s courts not physically located in all rural areas making access difficult/Not all tribes havecourts.Current Status:State courts are present in 58 locations. Telephonic participation hearings available. Not alltribes have active tribal courts.Ideal Status:Every rural village that wants one would have an active tribal court <strong>and</strong> better access to statecourt, including translators.Structural Barriers (e.g., statutes, regulations, etc.):Disagreement over jurisdiction for tribal courts/clarification <strong>of</strong> jurisdiction.Option(s):Need to change attitudinal policy that divides rather than works on improving services for peopleSee "Options" submitted in Problem Area 1 <strong>of</strong> Development <strong>of</strong> Local Capacity Issues (i.e., D- LC1-1) regarding tribes <strong>and</strong> state reaching agreement on tribal jurisdiction, state reconsidering AGopinion dated October 1, 2004, <strong>and</strong> funding for tribal courts, which are incorporated here byreference.______________________________________________________________________________Recommendation 52 (JS-24): Electronic Monitoring TechnologyStatement <strong>of</strong> Need:There is a need to utilize developing technologies to facilitate probation supervision in rural aswell as urban communities.Option:The <strong>Department</strong> <strong>of</strong> Corrections should be encouraged to continue the evaluation <strong>of</strong> electronicmonitoring technology for use in rural <strong>Alaska</strong> <strong>and</strong> include training on its use to Village PublicSafety Officers.Rationale for Option:• Current electronic monitoring technology can indicate that the probationer is not where s/heis supposed to be; new GPS technology can indicate where the probationer actually is.• Simultaneously, this technology by itself is not sufficient, in the absence <strong>of</strong> a lawenforcement presence, to protect the community.Impact Statement:This technology, if used in conjunction with other measures to increase actual law enforcementpersonnel, could enhance probation monitoring <strong>and</strong> public safety in small communities.______________________________________________________________________________Recommendation 53 (ALC-8): Alcoholic Beverage Control Board (ABC Board) regulationstatute changes: ABC Board to run “alcohol written-order” statewide, compatible database (when alcohol is shipped, the order is electronically entered to track serial purchasing)Statement <strong>of</strong> Need:To coordinate the records <strong>of</strong> purchases from liquor stores, so that liquor stores can determinewhether a proposed written order purchaser has already purchased their monthly legal limit, <strong>and</strong>to help ensure that prohibited individuals can not make the purchases.Option:ABC Board to develop <strong>and</strong> oversee an “alcohol written-order” statewide database, which wouldinclude prohibitions <strong>of</strong> purchases based on court proceedings.<strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 110
Change language