CSHB 428(JUD): "An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; and giving notice of and approving a lease-purchase agreement for construction and operation of a correctional facility in the Third Judicial District, and setting conditions and limitations on the facility's construction and operation."
00CS FOR HOUSE BILL NO. 428(JUD) 01 "An Act relating to the authority of the Department of Corrections to contract 02 for facilities for the confinement and care of prisoners, and annulling a regulation 03 of the Department of Corrections that limits the purposes for which an agreement 04 with a private agency may be entered into; and giving notice of and approving 05 a lease-purchase agreement for construction and operation of a correctional facility 06 in the Third Judicial District, and setting conditions and limitations on the 07 facility's construction and operation." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 33.30.031(a) is amended to read: 10 (a) The commissioner shall determine the availability of state correctional 11 facilities suitable for the detention and confinement of persons held under authority of 12 state law or under agreement entered into under (e) of this section. If the 13 commissioner determines that suitable state correctional facilities are not available, the 14 commissioner may enter into an agreement with a public or private agency to provide
01 necessary facilities, subject to the following: 02 (1) the commissioner may not enter into an agreement with a 03 public or private agency that is unable to provide a degree of custody, care, and 04 discipline to the extent required by the laws of this state, including the standards 05 of custody, care, and discipline that are required by order of a court; 06 (2) correctional [. CORRECTIONAL] facilities provided through 07 agreement with a public agency for the detention and confinement of persons held 08 under authority of state law may be in this state or in another state; 09 (3) correctional [. CORRECTIONAL] facilities provided through 10 agreement with a private agency 11 (A) must be located in this state unless the commissioner finds 12 in writing that 13 (i) [(1)] there is no other reasonable alternative for 14 detention in the state; and 15 (ii) [(2)] the agreement is necessary because of health 16 or security considerations involving a particular prisoner or class of 17 prisoners, or because an emergency of prisoner overcrowding is 18 imminent; 19 (B) may provide for the detention and confinement of all 20 persons held by the commissioner under authority of state law, whether 21 charged with or convicted of felonies or misdemeanors, without regard to 22 the custody classifications for prisoners as determined by the 23 commissioner, unless the security of the facility is inconsistent with those 24 custody classifications; and 25 (C) may not be administratively restricted or limited by the 26 commissioner to use only for prisoners involved in certain rehabilitative or 27 treatment programs authorized by law. [THE COMMISSIONER MAY 28 NOT ENTER INTO AN AGREEMENT WITH AN AGENCY UNABLE TO 29 PROVIDE A DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR 30 TO THAT REQUIRED BY THE LAWS OF THIS STATE.] 31 * Sec. 2. NOTICE AND APPROVAL OF LEASE-PURCHASE AGREEMENT. (a) To
01 provide for the construction and operation of a new correctional facility in order to relieve 02 overcrowding of existing correctional facilities, the Department of Administration, on behalf 03 of the Department of Corrections, may enter into a lease-purchase agreement with a private 04 third-party contractor under AS 33.30.031 for the construction and operation of a correctional 05 facility in the Third Judicial District that will house persons who are committed to the custody 06 of the commissioner of corrections. The project approval given by this subsection is subject 07 to the conditions of (b) of this section and to the following limitations: 08 (1) the total construction and related costs of establishing the correctional 09 facility may not exceed $100,000,000; 10 (2) the total lease payments for the full term of the agreement may not exceed 11 $200,000,000 and the anticipated annual amount of the rental obligation to be paid by the 12 Department of Corrections under the lease must be reasonably commensurate with that total; 13 and 14 (3) at the end of the term of the lease-purchase agreement, the state shall own 15 the correctional facility. 16 (b) The correctional facility to be constructed and operated under the notice and 17 approval given in (a) of this section 18 (1) must be designed and constructed so as to house, in separate housing, 19 (A) female prisoners; and 20 (B) male prisoners held under conditions that are appropriate for 21 prisoners who have been classified under AS 33.30.011(2) as other than maximum 22 custody; the correctional facility may not be constructed to house prisoners who are 23 classified as maximum custody; 24 (2) may not contain a total population of more than 1,000 prisoners, but must 25 be designed and constructed so as to allow expansion of the facility to a greater capacity; and 26 (3) 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. 3. CONSTRUCTION OF CORRECTIONAL FACILITY UNDER PROJECT 18 LABOR AGREEMENT. (a) The purpose of this section is to enable the state to meet its 19 obligation to improve the care and custody of the prisoners for which it is responsible at an 20 early date through the completion of construction of a major correctional facility by structuring 21 labor relations at the job site of the correctional facility in the interests of industrial harmony 22 and in a way that makes optimal use of construction resources. 23 (b) Notwithstanding any restrictions that may be applicable under AS 36.30, the 24 correctional facility described in sec. 2 of this Act may be constructed only under a public 25 construction project labor agreement between the building construction contractor and one or 26 more building trade unions; the labor agreement must provide 27 (1) a no-strike and no-slowdown pledge by the union or unions; 28 (2) a commitment on the part of the construction contractor to hire through 29 local union hiring halls; and 30 (3) a provision allowing not more than 15 percent of the construction 31 contractor's workforce on the public construction project to be composed of persons who are
01 not members of the union or unions. 02 * Sec. 4. Nothing in sec. 2 of this Act precludes operation of the correctional facility 03 described in sec. 2(a) of this Act by a private third-party contractor comprised of persons 04 employed by the Department of Corrections. 05 * Sec. 5. 22 AAC 05.300(e) is annulled.