00                            HOUSE BILL NO. 149                                                                          
01 "An Act relating to correctional facility space and to authorizing the Department of                                    
02 Corrections to enter into an agreement to lease facilities for the confinement and care of                              
03 prisoners within the Kenai Peninsula Borough."                                                                          
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                                
07       AUTHORIZATION TO LEASE CORRECTIONAL FACILITY SPACE WITH                                                           
08 THIRD-PARTY CONTRACTOR OPERATION.  (a)  The Department of Corrections may                                               
09 enter into an agreement with the Kenai Peninsula Borough to lease space within a correctional                           
10 facility located within the Kenai Peninsula Borough that will house persons who are                                     
11 committed to the custody of the commissioner of corrections.  The agreement must provide                                
12 that the state agrees to lease the space for a minimum of 20 years.                                                     
13       (b)  The agreement to lease entered into under this section is predicated on and must                             
14 provide for an agreement between the Kenai Peninsula Borough and a private third-party                                  

01 contractor under which the private third-party contractor constructs and operates the facility                          
02 by providing for custody, care, and discipline services for persons held by the commissioner                            
03 of corrections under authority of state law.  The commissioner of corrections shall require in                          
04 the agreement with the Kenai Peninsula Borough that the Kenai Peninsula Borough procure                                 
05 the private third-party operator through a competitive process similar to the procedures                                
06 established in AS 36.30 (State Procurement Code).                                                                       
07       (c)  The authorization given by (a) of this section is subject to the following                                   
08 conditions:                                                                                                             
09            (1)  the lease must provide a minimum of 800 prison beds;                                                    
10            (2)  the agreement to lease must contain terms providing that the commissioner                               
11 of corrections may terminate for cause a contract with a private third-party contractor                                 
12 operating the facility in accordance with the provisions of (b) of this section;                                        
13            (3)  the commissioner may not enter into an agreement with an agency unable                                  
14 to provide or cause to be provided a degree of custody, care, and discipline similar to that                            
15 required by the laws of this state.                                                                                     
16    * Sec. 2.  Section 4, ch. 15, SLA 1998, and sec. 6, ch. 35, SLA 1999, are repealed.