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Initial Report and Recommendations - Alaska Department of Law

Initial Report and Recommendations - Alaska Department of Law

Initial Report and Recommendations - Alaska Department of Law

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with intensive training <strong>and</strong> continuing support to maintain skills as needed, (b) developnew approaches to provide housing in the villages for these new positions, (c) recruit <strong>and</strong>train local residents to fill these positions (following a community policing model), <strong>and</strong>(d) initiate a new system that will ensure that law enforcement <strong>of</strong>ficers will betemporarily relocated to cover unfilled positions in the villages while these <strong>of</strong>ficers arebeing trained. 87The final recommendation in this thematic category is that the continuingCommission make addressing the scourge <strong>of</strong> alcohol <strong>and</strong> substance abuse a priority. Themost <strong>of</strong>t-repeated concern <strong>Alaska</strong>ns expressed in their testimony to the Commission wasthe toll taken by alcohol <strong>and</strong> substance abuse. Our fellow <strong>Alaska</strong>ns are, literally, dyingunder the present regime. According to the final report <strong>of</strong> the <strong>Alaska</strong> Commission onRural Governance <strong>and</strong> Empowerment, the alcohol-related mortality rate <strong>of</strong> <strong>Alaska</strong>Natives is three <strong>and</strong> a half times that <strong>of</strong> non-Natives, <strong>and</strong> the incidence <strong>of</strong> fetal alcoholsyndrome (FAS) among <strong>Alaska</strong> Natives is three times that <strong>of</strong> non-Natives. The majority<strong>of</strong> crimes committed in rural <strong>Alaska</strong> are committed under the influence <strong>of</strong> alcohol ordrugs. Substance abuse is devastating rural <strong>Alaska</strong> <strong>and</strong> the current governmental toolsavailable to combat it are inadequate.• Federally recognized tribes have a local governmental presence but havedisputed jurisdiction. The State has jurisdiction but <strong>of</strong>ten lacks an effectivelocal government presence. The result is a gap that leaves many villageswithout effective law enforcement tools to combat substance abuse.• Local option laws enable villages to ban or restrict importation <strong>of</strong> alcohol, butthe laws are enforced <strong>and</strong> prosecuted primarily from regional centers.Defendants are tried, if at all, away from the villages. Geographic <strong>and</strong> costconstraints likely will always prevent the state from having magistrates,Troopers, <strong>and</strong> prosecutors anywhere but in the largest communities.• Second-class city governments in villages cannot effectively addresssubstance abuse. Most have little or no money. State law does not providefor municipal courts <strong>and</strong> the cost <strong>of</strong> prosecuting cases in distant state courtsmeans that small cities rarely enforce municipal criminal ordinances.• Tribal governments are the only government in many villages. Many villageshave tribal courts that h<strong>and</strong>le juvenile <strong>of</strong>fenses <strong>and</strong> child protection cases that<strong>of</strong>ten entail alcohol problems the tribal courts must deal with. The bestsolutions to community alcohol problems involve the community.The tragic consequences <strong>of</strong> substance abuse in rural <strong>Alaska</strong> are well known, <strong>and</strong>all available vehicles should be mobilized to combat this problem: tribal, state <strong>and</strong>federal. Addressing this issue successfully must be the highest priority <strong>of</strong> the federal,state, <strong>and</strong> local governments <strong>of</strong> rural <strong>Alaska</strong>. The Commission believes that the ultimatesuccess <strong>of</strong> other recommendations hinges on addressing the problem <strong>of</strong> alcohol <strong>and</strong>substance abuse in rural <strong>Alaska</strong>. 888788Recommendation 20.Recommendation 21.<strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 50

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