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Enrolled SB 115: Relating to the correctional industries program; and providing for an effective date.

00 Enrolled SB 115                                                                                                         
01 Relating to the correctional industries program; and providing for an effective date.                                   
02                           _______________                                                                               
03    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
04 to read:                                                                                                                
05       SHORT TITLE.  This Act may be known as the Correctional Industries Program Act                                    
06 of 2003.                                                                                                                
07    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
08 read:                                                                                                                   
09       LEGISLATIVE INTENT.  It is the intent of the legislature by this Act to allow the                                 
10 commissioner of corrections to permit the Correctional Industries Commission to expand the                              
11 existing correctional industries program and provide that the fund created in this Act be used                          
12 to pay for salaries and contracts for Correctional Industries Commission employees; if, in the                          
13 future, the fund is not sufficient to pay those salaries and contracts, the legislature will make                       
01 every attempt to fund those salaries and contracts from other fund sources.                                             
02    * Sec. 3.  AS 33.32.015(b) is amended to read:                                                                     
03            (b)  The commissioner of corrections may                                                                     
04                 (1)  subject to AS 36.30 (State Procurement Code), use, purchase,                                       
05       lease, equip, and maintain buildings, machinery, and other equipment, and may                                     
06       purchase materials and enter into contracts that may be necessary for the correctional                            
07       industries program;                                                                                               
08                 (2)  provide for prisoners to be employed in rendering services and                                     
09       producing articles, materials, and supplies needed by a state agency, a political                                 
10       subdivision of the state, an agency of the federal government, other states or their                              
11       political subdivisions, or for use by nonprofit organizations or other companies as                           
12       approved by the Correctional Industries Commission;                                                           
13                 (3)  if the Correctional Industries Commission established in                                           
14       AS 33.32.070 approves, employ prisoners to provide services or products as needed by                              
15       private industry if the services or products have potential for contributing to the                               
16       economy of the state and will be of benefit to [HAVE MINIMAL NEGATIVE                                         
17       IMPACT ON] an existing private industry or labor force in the state;                                              
18                 (4)  authorize a prisoner to engage in vocational training or in                                        
19       productive employment within or outside a correctional facility, or enter into a                                  
20       contract under AS 33.30.191 for the employment of a prisoner if the Correctional                                  
21       Industries Commission determines that the employment will be of benefit to [HAVE                              
22       MINIMAL NEGATIVE IMPACT ON] an existing private industry or labor force in                                        
23       the state; and                                                                                                    
24                 (5)  subject to the provisions of AS 36.30 (State Procurement Code),                                    
25       enter into joint cooperative ventures with private industry for the establishment and                             
26       operation of "Free Venture" industries under AS 33.32.017 if the Correctional                                     
27       Industries Commission determines at the time of inception that the "Free Venture"                                 
28       industry will not compete with an existing private industry or labor force in the state.                          
29    * Sec. 4.  AS 33.32.020(a) is amended to read:                                                                     
30            (a)  There is established in the Department of Corrections an intragovernmental                              
31       service fund known as the correctional industries fund.  All expenses of the                                      
01       correctional industries program [, EXCEPT SALARIES AND BENEFITS OF STATE                                          
02       EMPLOYEES,] may be financed from the correctional industries fund in accordance                                   
03       with AS 37.07 (the Executive Budget Act). The commissioner of corrections shall                                   
04       prepare a report annually on all activities and balances of the fund and notify the                               
05       legislature that the report is available.                                                                         
06    * Sec. 5.  AS 33.32.030(b) is amended to read:                                                                     
07            (b)  The commissioner of corrections may sell a product or service of a                                      
08       correctional industries program to a private industry, subject to the approval of the                             
09       Correctional Industries Commission established in AS 33.32.070. Before giving its                                 
10       approval, the Correctional Industries Commission must determine that the product or                               
11       service has potential for contributing to the economy of the state and will be of benefit                     
12       to [HAVE MINIMAL NEGATIVE IMPACT ON] an existing private industry or                                          
13       labor force in the state.                                                                                         
14    * Sec. 6.  AS 33.32.080(c) is amended to read:                                                                     
15            (c)  The Correctional Industries Commission shall recommend to the                                           
16       commissioner of corrections the advisability of establishing, expanding, diminishing,                             
17       or discontinuing industrial, agricultural, or service activities to enable the program to                         
18       operate as nearly as possible in a self-supporting manner, to provide as much                                     
19       employment for prisoners as is feasible, to provide diversified work activities that will                     
20       be of benefit to [WITH MINIMAL NEGATIVE IMPACT ON] an existing private                                        
21       industry or labor force in the state, and contribute to the economy of the state.  In                             
22       making recommendations, the Correctional Industries Commission shall consider                                     
23       testimony received at public hearings.                                                                            
24    * Sec. 7.  This Act takes effect July 1, 2003.