00HOUSE BILL NO. 429                                                                                                      
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."                                                                             
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 33.30.031(a) is amended to read:                                                                    
07  (a)  The commissioner shall determine the availability of state correctional                                          
08 facilities suitable for the detention and confinement of persons held under authority of                                
09 state law or under agreement entered into under (e) of this section.  If the                                            
10 commissioner determines that suitable state correctional facilities are not available, the                              
11 commissioner may enter into an agreement with a public or private agency to provide                                     
12 necessary facilities, subject to the following:                                                                        
13   (1)  the commissioner may not enter into an agreement with a                                                         
14 public or private agency that is unable to provide a degree of custody, care, and                                       

01 discipline to the extent required by the laws of this state, including the standards                                    
02 of custody, care, and discipline that are required by order of a court;                                                 
03   (2)  correctional [.  CORRECTIONAL] facilities provided through                                                     
04 agreement with a public agency for the detention and confinement of persons held                                        
05 under authority of state law may be in this state or in another state;                                                 
06   (3)  correctional [.  CORRECTIONAL] facilities provided through                                                     
07 agreement with a private agency                                                                                         
08   (A)  must be located in this state unless the commissioner finds                                                  
09 in writing that                                                                                                         
10   (i)  [(1)]  there is no other reasonable alternative for                                                         
11 detention in the state; and                                                                                             
12   (ii)  [(2)]  the agreement is necessary because of health                                                        
13 or security considerations involving a particular prisoner or class of                                                  
14 prisoners, or because an emergency of prisoner overcrowding is                                                          
15 imminent;                                                                                                              
16   (B)  may provide for the detention and confinement of all                                                           
17 persons held by the commissioner under authority of state law, whether                                                  
18 charged with or convicted of felonies or misdemeanors, without regard to                                                
19 the custody classifications for prisoners as determined by the                                                          
20 commissioner, unless the security of the facility is inconsistent with those                                            
21 custody classifications; and                                                                                            
22   (C)  may not be administratively restricted or limited by the                                                       
23 commissioner to use only for prisoners involved in certain rehabilitative or                                            
24 treatment programs authorized by law.  [THE COMMISSIONER MAY                                                           
25 NOT ENTER INTO AN AGREEMENT WITH AN AGENCY UNABLE TO                                                                    
26 PROVIDE A DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR                                                               
27 TO THAT REQUIRED BY THE LAWS OF THIS STATE.]                                                                            
28    * Sec. 2.  22 AAC 05.300(e) is annulled.