Ankle monitors only meant to deter — not prevent — crime, DOC leaders say

ANCHORAGE, Alaska (KTUU) - The state’s ankle monitor system, which uses GPS technology to track criminal defendants prior to trial, is only meant to deter not prevent crime, Department of Corrections leaders told Alaska’s News Source Investigates.

“The ankle monitor itself doesn’t prevent somebody from committing another crime,” said Delila Schmidt, who oversees pretrial and probation for the Department of Corrections. “The ankle monitor is a deterrent. And it would notify the Department of Corrections if they entered a zone that was already ordered not to be entered into. But it doesn’t prevent them from doing something else.”

Questions about the state system, spurred by public scrutiny, came after DOC leaders confirmed to Alaska’s News Source Investigates that defendants in two high-profile cases were wearing ankle monitors when prosecutors say they committed new crimes while waiting for hearings related to similar crime allegations.

Two Key Cases

Michael Krischuk, 34, was wearing an ankle monitor, the DOC confirms, when Anchorage police shot and apprehended him in January.

Prosecutors say at the time of the officer-involved shooting, Krischuk was on the run after a botched armed robbery at a midtown Anchorage day spa. Court documents show the same day he was also a suspect, out on bail, for prior cases involving armed robbery, drug possession, and violating conditions of release.

DOC leaders also say Fairbanks first-degree murder suspect Adayus Robertson, 24, was wearing an ankle monitor and out on bail in April on prior assault and violating conditions of release charges when police say the Fort Wainwright soldier killed 37-year-old Joseph Casas.

State numbers show Krischuk and Robertson are just two examples of the 1,397 defendants that DOC’s Pretrial Services staff are responsible for supervising on a statewide level.

Of those, 821 are felony suspects, including 397 in Anchorage and 93 in Fairbanks.

The list also includes 576 misdemeanor suspects, including 161 in Anchorage and 80 in Fairbanks.

According to DOC, there are currently a total of 66 Pretrial officer positions and five supervisory positions. DOC Pretrial Services offices are located in Anchorage, Dillingham, Fairbanks, Kenai, Palmer, Juneau, Ketchikan, and Kodiak.

What Is Pretrial Services?

As explained by Schmidt, Pretrial Services — put simply — is a type of supervision placed on a defendant who is out on bail and awaiting trial.

While the idea is not new throughout the Lower 48, Alaska only first implemented it in 2018.

“When somebody is charged with an offense, they go to arraignments,” Schmidt said. “The court can order conditions of release. Part of those conditions of release can require Pretrial to place a GPS, or some sort of alcohol monitor, on a defendant as part of their condition.”

Additionally, DOC spokesperson Betsy Holley said Pretrial Enforcement officers are responsible for accounting for and regularly scheduling check-ins for each of the 1,397 Pretrial defendants to make sure a defendant adheres to court conditions while also protecting public safety.

In addition to electronic monitoring and regular check-ins, other methods can include treatment for substance abuse or mental health and stay away orders.

“Pretrial Services is able to monitor conditions imposed by the court without a cost to the person accused,” Holley said in a statement. “Whereas if the person was financially responsible for monitoring of the conditions ordered by the court, (GPS, alcohol testing, drug testing), it would impose an unfair monetary requirement to remain out of custody until resolution of the case.”

To see how the system works, Alaska’s News Source Investigates rode along with Pretrial Enforcement officers, observing the check-in process, and observing checks on equipment, including batteries, as well as ensuring defendants are aware of upcoming court dates.

Rather than staff monitoring 24 hours each day, Schmidt said electronic monitoring relies on what are called exclusion zones, which rely on GPS technology to monitor defendants’ locations prior to trial.

DOC leaders say exclusion zones can look different depending on the case, sometimes limiting a defendant’s distance from a location or victim, or can limit a defendant to house arrest.

“The monitor they’re on would notify us that they are in a zone that they’re not supposed to be in,” Schmidt said. “Our officers would respond depending on the resources available. And the person would be taken back into custody.

“We also do place a call to the victim if the defendant is entering the zone in which is around the defendant.”

A System That “Doesn’t Solve Those Problems?”

While DOC leaders argue Alaska’s adoption of a pretrial services system has been successful at keeping defendants on track prior to court hearings, ACLU of Alaska Attorney Doron Levine called electronic monitoring a system that, in his view, does not work.

“As a public defender, I represented hundreds, thousands of people accused of crimes. And I saw many, many, many people get charged with violations of conditions of release,” said Levine, who is part of the nonprofit’s Prison Project Intake program. “Most crime in Alaska, in my experience, is caused by addiction and mental illness. So, if you put a monitor on someone, that doesn’t solve those problems.

“What we need to do, what DOC as an agency needs to be doing, and what we as a community need to be doing is thinking about how we can actually, directly address those issues, and help people with treatment, and gain access to services that they need in order to actually address those root causes.”

The “violation of condition of release” charge, when defendants fail to comply with release conditions while out on bail — which both Krischuk and Robertson face — Levine added is often the most common Alaska crime charged.

Levine argues that results in court system back-ups and causes delays rather than reducing recidivism.

Bail, as shown in Krischuk and Robertson’s cases, is always a part of the pretrial system. Court records show that prior to the Anchorage officer-involved shooting, a judge lowered Krischuk’s bail from $10,000 to $2,000.

The DOC’s Holley, however, maintains Pretrial supervision is more about giving defendants structure and support while waiting on court appearances, instead of moving to immediate punishment.

As for the argument that Pretrial supervision creates court system delays, Holley referenced a recent ProPublica-Anchorage Daily News investigation finding Anchorage felony cases take five to 10 years to resolve, as opposed to the legally required 120 days.

“The truth is most people on pretrial supervision do follow the rules. In fact, research shows that supervision actually helps people stay on track by reducing missed court dates and new offenses,” Holley stated. “These delays aren’t because of pretrial supervision; they’re the result of bigger challenges, like shortages of public defenders and prosecutors, repeated continuances, and system-wide backlogs ... while pretrial supervision isn’t a magic fix for everything, it plays a critical role. It helps people navigate the system, supports public safety, and keeps cases moving — all while respecting each person’s right to be presumed innocent until proven guilty.”

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