txt

SCS CSHB 428(L&C): "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 the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 428(L&C)                                                                            
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                                               
03 regulation of the Department of Corrections that limits the purposes for which                                          
04 an agreement with a private agency may be entered into; and giving notice of                                            
05 and approving a lease-purchase agreement for the design, construction, and                                              
06 operation of a correctional facility, and setting conditions and limitations on the                                     
07 facility's design, 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;                                                            
05   (2)  correctional [.  CORRECTIONAL] facilities provided through                                                     
06 agreement with a public agency for the detention and confinement of persons held                                        
07 under authority of state law may be in this state or in another state;                                                 
08   (3)  correctional [.  CORRECTIONAL] facilities provided through                                                     
09 agreement with a private agency                                                                                         
10   (A)  must be located in this state unless the commissioner finds                                                  
11 in writing that                                                                                                         
12   (i)  [(1)]  there is no other reasonable alternative for                                                         
13 detention in the state; and                                                                                             
14   (ii)  [(2)]  the agreement is necessary because of health                                                        
15 or security considerations involving a particular prisoner or class of                                                  
16 prisoners, or because an emergency of prisoner overcrowding is                                                          
17 imminent;                                                                                                              
18   (B)  may provide for the detention and confinement of all                                                           
19 persons held by the commissioner under authority of state law, whether                                                  
20 charged with or convicted of felonies or misdemeanors, without regard to                                                
21 the custody classifications for prisoners as determined by the                                                          
22 commissioner, unless the security of the facility is inconsistent with those                                            
23 custody classifications; and                                                                                            
24   (C)  may not by regulation be restricted or limited by the                                                          
25 commissioner to use only for prisoners involved in certain rehabilitative or                                            
26 treatment programs authorized by law.  [THE COMMISSIONER MAY                                                           
27 NOT ENTER INTO AN AGREEMENT WITH AN AGENCY UNABLE TO                                                                    
28 PROVIDE A DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR                                                               
29 TO THAT REQUIRED BY THE LAWS OF THIS STATE.]                                                                            
30    * Sec. 2.  NOTICE AND APPROVAL OF LEASE-PURCHASE AGREEMENT.  (a)  To                                                 
31 provide for the design, construction, and operation of a new correctional facility in order to                          
01 relieve overcrowding of existing correctional facilities, the Department of Administration, on                          
02 behalf of the Department of Corrections, may enter into a lease-purchase agreement under                                
03 AS 33.30.031 for the design, construction, and operation of a correctional facility that will                           
04 house persons who are committed to the custody of the commissioner of corrections.  The                                 
05 project approval given by this subsection is subject to the conditions of (b), (c) and (d) of this                      
06 section and to the following limitations:                                                                               
07   (1)  the total construction and related costs of establishing the correctional                                        
08 facility may not exceed $100,000,000;                                                                                   
09   (2)  the total lease payments for the full term of the agreement may not exceed                                       
10 $200,000,000 and the anticipated annual amount of the rental obligation to be paid by the                               
11 Department of Corrections under the lease must be reasonably commensurate with that total;                              
12 and                                                                                                                     
13   (3)  at the end of the term of the lease-purchase agreement, the state shall own                                      
14 the correctional facility.                                                                                              
15  (b)  The correctional facility to be designed, constructed, and operated under the notice                              
16 and approval given in (a) of this section                                                                               
17   (1)  must be designed and constructed so as to house, in separate housing,                                            
18 female prisoners and male prisoners;                                                                                    
19   (2)  must be operated to provide a degree of custody, care, and discipline to the                                     
20 extent required by the laws of this state, including the standards of custody, care, and                                
21 discipline that are required by order of a court;                                                                       
22   (3)  may not contain a total population of more than 1,000 prisoners, but must                                        
23 be designed and constructed so as to allow expansion of the facility to a greater capacity; and                         
24   (4)  may not be operated by the state except temporarily when                                                         
25   (A)  the private third-party contractor with whom the state has entered                                              
26 into an agreement to operate defaults in performance under the contract and state                                       
27 operation is reasonably necessary to ensure the facility's continued operation; or                                      
28   (B)  the state is unable to contract with a private third-party contractor.                                          
29  (c)  The lease-purchase agreement entered into under this section shall provide for                                    
30   (1)  an agreement under which the correctional facility is designed, constructed,                                     
31 and, except for services to prisoners described in (2) of this subsection, operated by a private                        
01 third-party contractor; the agreement described in this subsection is made for the purpose of                           
02 acquiring, improving, and maintaining the correctional facility structure under                                         
03 AS 36.30.085(b), and is exclusive of one or more contracts for the custody, care, and                                   
04 discipline of prisoners housed in the facility as may be authorized by AS 33.30.031(a)(1) and                           
05 (3);                                                                                                                    
06   (2)  an agreement, separate from the agreement described in (1) of this                                               
07 subsection, under which a private third-party contractor or agency operates the facility by                             
08 providing for custody, care, and discipline services for persons held by the commissioner of                            
09 corrections under authority of state law; the operating agreement described in this paragraph                           
10 shall                                                                                                                   
11   (A)  for its initial period, not to exceed five years, be entered into with                                          
12 a private third-party contractor that is the same person as the third-party contractor                                  
13 described in (1) of this subsection; and                                                                                
14   (B)  for the duration of the period of the lease-purchase agreement, be                                              
15 rebid or reoffered at intervals of not more than five years and may be entered into with                                
16 a contractor or agency other than the person described in (A) of this paragraph.                                        
17  (d)  In the evaluation of a bid submitted to construct and operate the correctional                                    
18 facility described in this section, the Department of Administration may provide incentive to                           
19 the maker of a bid that pledges to employ state residents as far as practicable.                                        
20  (e)  If required by the commissioner of corrections as a condition of the correctional                                 
21 facility's operation, in the award of a contract for the operation of the correctional facility to                      
22 be designed, constructed, and operated under the notice and approval given in (a) of this                               
23 section, the Department of Administration shall require that persons employed by the                                    
24 contractor as correctional officers in the facility meet the requirements of AS 18.65.130 -                             
25 18.65.290 that are applicable to correctional officers.                                                                 
26  (f)  In the award of a contract for the operation of the correctional facility to be                                   
27 constructed and operated under the notice and approval given in (a) of this section, the                                
28 Department of Administration shall require the contractor to seek, obtain, and maintain                                 
29 accreditation of the correctional facility by the American Correctional Association.                                    
30  (g)  Subsection (a) of this section constitutes the notice and approval required by                                    
31 AS 36.30.085.                                                                                                           
01    * Sec. 3.  CONSTRUCTION OF CORRECTIONAL FACILITY UNDER PROJECT                                                       
02 LABOR AGREEMENT.  (a)  The purpose of this section is to enable the state to meet its                                   
03 obligation to improve the care and custody of the prisoners for which it is responsible at an                           
04 early date through the completion of construction of a major correctional facility by structuring                       
05 labor relations at the job site of the correctional facility in the interests of industrial harmony                     
06 and in a way that makes optimal use of construction resources.                                                          
07  (b)  Notwithstanding any restrictions that may be applicable under AS 36.30, the                                       
08 correctional facility described in sec. 2 of this Act may be constructed only under a public                            
09 construction project labor agreement between the building construction contractor and one or                            
10 more building trade unions; the labor agreement must provide                                                            
11   (1)  a no-strike and no-slowdown pledge by the union or unions;                                                       
12   (2)  a commitment on the part of the construction contractor to hire through                                          
13 local union hiring halls; and                                                                                           
14   (3)  a provision allowing not more than 15 percent of the construction                                                
15 contractor's workforce on the public construction project to be composed of persons who are                             
16 not members of the union or unions.                                                                                     
17    * Sec. 4.  Nothing in sec. 2 of this Act precludes operation of the correctional facility                            
18 described in sec. 2(a) of this Act by a private third-party contractor comprised of persons who                         
19 are members of labor organizations.                                                                                     
20    * Sec. 5.  22 AAC 05.300(e) is annulled.