00CS FOR HOUSE BILL NO. 53(FIN)                                                                                         
01 "An Act relating to the power of municipalities to provide for the confinement                                          
02 and care of prisoners; relating to authorizing the Department of Corrections to                                         
03 enter into an agreement to lease facilities for the confinement and care of                                             
04 prisoners with the City of Delta Junction; and providing for an effective date."                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1.  AS 29.35.010 is amended by adding a new paragraph to read:                                           
07   (15)  provide facilities or services for the confinement and care of                                                 
08 prisoners and enter into agreements with the state, another municipality, or any person                                 
09 relating to the confinement and care of prisoners.                                                                      
10    * Sec. 2.  AS 29.35.020(a) is amended to read:                                                                     
11  (a)  To the extent a municipality is otherwise authorized by law to exercise the                                      
12 power necessary to provide the facility or service, the municipality may provide                                        
13  facilities for the confinement and care of prisoners,  parks, playgrounds, cemeteries,                               
14 emergency medical services, solid and septic waste disposal, utility services, airports,                                

01 streets (including ice roads), trails, transportation facilities, wharves, harbors and other                            
02 marine facilities outside its boundaries and may regulate their use and operation to the                                
03 extent that the jurisdiction in which they are located does not regulate them.  A                                       
04 regulation adopted under this section must state that it applies outside the municipality.                              
05    * Sec. 3.  AUTHORIZATION TO LEASE CORRECTIONAL FACILITY SPACE WITH                                                 
06 THIRD-PARTY CONTRACTOR OPERATION.  (a)  To take advantage of the unique                                                 
07 opportunity to use surplus military facilities on the road system that are becoming available                           
08 through the United States Army's realignment of Fort Greely's mission, to prevent and                                   
09 ameliorate economic hardship in the Delta region occasioned by that realignment and the                                 
10 consequent reduction in forces and civilian employment at Fort Greely, and to relieve                                   
11 overcrowding of existing correctional facilities within the state and the extensive use of out-of-                      
12 state correctional facilities to house Alaska inmates, the Department of Corrections may enter                          
13 into an agreement with the City of Delta Junction to lease space within a correctional facility                         
14 on the deactivated Fort Greely military reservation that will house persons who are committed                           
15 to the custody of the commissioner of corrections.  The agreement must provide that the state                           
16 agrees to lease the space for a minimum of 20 years.                                                                    
17  (b)  The agreement to lease entered into under this section is predicated on and must                                  
18 provide for an agreement between the City of Delta Junction and a private third-party                                   
19 contractor under which the private third-party contractor operates the facility by providing for                        
20 custody, care, and discipline services for persons held by the commissioner of corrections                              
21 under authority of state law.                                                                                           
22  (c)  The authorization given by (a) of this section is subject to the following                                        
23 conditions:                                                                                                             
24   (1)  the lease must provide a minimum of 800 prison beds;                                                             
25   (2)  the agreement to lease must contain terms providing that the commissioner                                        
26 of corrections may terminate for cause a contract with a private third-party contractor                                 
27 operating the facility in accordance with the provisions of (b) of this section.                                        
28    * Sec. 4.  APPLICABILITY.  The provisions of AS 33.30.031(a) and (c) do not apply to                               
29 an agreement to lease a correctional facility in accordance with the provisions of sec. 3 of this                       
30 Act.                                                                                                                    
31    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).