00 HOUSE BILL NO. 428 01 "An Act giving notice of and approving a lease-purchase agreement for 02 construction and operation of a correctional facility in the Third Judicial District, 03 and setting conditions and limitations on the facility's construction and operation." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. NOTICE AND APPROVAL OF LEASE-PURCHASE AGREEMENT. (a) 06 To provide for the construction and operation of a new correctional facility in order to relieve 07 overcrowding of existing correctional facilities, the Department of Administration, on behalf 08 of the Department of Corrections, may enter into a lease-purchase agreement with a private 09 third-party contractor under AS 33.30.031 for the construction and operation of a correctional 10 facility in the Third Judicial District that will house persons who are committed to the custody 11 of the commissioner of corrections. The project approval given by this subsection is subject 12 to the conditions of (b) of this section and to the following limitations: 13 (1) the total construction and related costs of establishing the correctional 14 facility may not exceed $100,000,000; 01 (2) the total lease payments for the full term of the agreement may not exceed 02 $200,000,000 and the anticipated annual amount of the rental obligation to be paid by the 03 Department of Corrections under the lease must be reasonably commensurate with that total; 04 and 05 (3) at the end of the term of the lease-purchase agreement, the state shall own 06 the correctional facility. 07 (b) The correctional facility to be constructed and operated under the notice and 08 approval given in (a) of this section 09 (1) must be designed and constructed so as to house, in separate housing, 10  (A) female prisoners; and 11  (B) male prisoners held under conditions that are appropriate for 12 prisoners who have been classified under AS 33.30.011(2) as other than maximum 13 custody; the correctional facility may not be constructed to house prisoners who are 14 classified as maximum custody; 15 (2) may not contain a total population of more than 1,000 prisoners, but must 16 be designed and constructed so as to allow expansion of the facility to a greater capacity; 17 (3) may be constructed only under a public construction project labor 18 agreement between the building construction contractor and one or more building trade unions; 19 the labor agreement must provide 20  (A) a no-strike and no-slowdown pledge by the union or unions; 21  (B) a commitment on the part of the construction contractor to hire 22 through local union hiring halls; and 23  (C) a provision allowing not more than 15 percent of the construction 24 contractor's workforce on the public construction project to be composed of persons 25 who are not members of the union or unions; and 26 (4) may not be operated by the state except temporarily when 27  (A) the private third-party contractor with whom the state has entered 28 into an agreement to operate defaults in performance under the contract and state 29 operation is reasonably necessary to ensure the facility's continued operation; or 30  (B) the state is unable to contract with a private third-party contractor. 31 (c) If required by the commissioner of corrections as a condition of the correctional 01 facility's operation, in the award of a contract for the operation of the correctional facility to 02 be constructed and operated under the notice and approval given in (a) of this section, the 03 Department of Administration shall require that persons employed by the contractor as 04 correctional officers in the facility meet the requirements of AS 18.65.130 - 18.65.290 that are 05 applicable to correctional officers. 06 (d) If directed by the commissioner of corrections as a condition of the correctional 07 facility's operation, in the award of a contract for the operation of the correctional facility to 08 be constructed and operated under the notice and approval given in (a) of this section, the 09 Department of Administration shall require the contractor to seek, obtain, and maintain 10 accreditation of the correctional facility. This requirement is effective only when, as a matter 11 of policy, the commissioner of corrections seeks and obtains accreditation of state correctional 12 facilities. Accreditation under this subsection shall be under standards of accreditation 13 applicable to correctional facilities that are not more stringent than those applicable to state 14 correctional facilities operated by the Department of Corrections. 15 (e) Subsection (a) of this section constitutes the notice and approval required by 16 AS 36.30.085. 17 * Sec. 2. Nothing in this Act precludes operation of the correctional facility described in 18 sec. 1(a) of this Act by a private third-party contractor comprised of persons employed by the 19 Department of Corrections.