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SB 138: "An Act relating to correctional facilities; relating to the authority of the commissioner of corrections to designate the correctional facility to which a prisoner is to be committed; and providing for an effective date."

00                             SENATE BILL NO. 138                                                                         
01 "An Act relating to correctional facilities; relating to the authority of the commissioner                              
02 of corrections to designate the correctional facility to which a prisoner is to be                                      
03 committed; and providing for an effective date."                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 33.30.031(a) is amended to read:                                                                   
06 (a)  The commissioner shall determine the availability of state correctional                                            
07 facilities suitable for the detention and confinement of persons held under authority of                                
08 state law or under agreement entered into under (e) of this section. If the commissioner                                
09 determines that suitable state correctional facilities are not available, the commissioner                              
10 may enter into an agreement with a public or private agency to provide necessary                                        
11 facilities. The commissioner may not enter into an agreement with an agency                                         
12 unable to provide a degree of custody, care, and discipline similar to that                                         
13 required by the laws of this state. Correctional facilities provided through agreement                              
14 with a public or private agency for the detention and confinement of persons held                                   
01 under authority of state law must [MAY] be located in this state [OR IN ANOTHER                                 
02 STATE. CORRECTIONAL FACILITIES PROVIDED THROUGH AGREEMENT                                                               
03 WITH A PRIVATE AGENCY MUST BE LOCATED IN THIS STATE] unless the                                                         
04 commissioner finds in writing that [(1) THERE IS NO OTHER REASONABLE                                                    
05 ALTERNATIVE FOR DETENTION IN THE STATE; AND (2) THE] agreement                                                          
06       with an agency outside the state is necessary                                                                 
07                 (1)  to locate a particular prisoner closer to family; or                                           
08 (2)  because of health [OR SECURITY] considerations involving a                                                     
09 particular prisoner [OR CLASS OF PRISONERS, OR BECAUSE AN EMERGENCY                                                     
10 OF PRISONER OVERCROWDING IS IMMINENT. THE COMMISSIONER MAY                                                              
11 NOT ENTER INTO AN AGREEMENT WITH AN AGENCY UNABLE TO                                                                    
12 PROVIDE A DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR TO                                                            
13       THAT REQUIRED BY THE LAWS OF THIS STATE].                                                                         
14    * Sec. 2. AS 33.30.031(c) is amended to read:                                                                      
15 (c)  The commissioner may not enter into an agreement with a private                                                
16 agency to establish, maintain, operate, control, or provide necessary facilities                                    
17 located in this state. Notwithstanding AS 36.30.300, an agreement with a private                                    
18 agency to provide necessary facilities outside the state under (a) of this section must                             
19       be based on competitive bids.                                                                                     
20    * Sec. 3. AS 33.30.061(a) is amended to read:                                                                      
21 (a)  The commissioner shall designate the correctional facility to which a                                              
22 prisoner is to be committed to serve a term of imprisonment or period of temporary                                      
23 commitment. The commissioner may designate a facility without regard to whether it                                      
24 is maintained by the state or [,] is located within the judicial district in which the                              
25       prisoner was convicted [, OR IS LOCATED IN THE STATE].                                                            
26    * Sec. 4. AS 33.30.061(b) is amended to read:                                                                      
27 (b)  The commissioner may designate an out-of-state facility under this section                                         
28       only if the commissioner determines that                                                                          
29 (1)  rehabilitation or treatment of the prisoner will not be substantially                                          
30       impaired; and                                                                                                 
31                 (2)  placement in an out-of-state facility                                                          
01                      (A)  would allow a prisoner to serve the prisoner's term of                                    
02            imprisonment closer to family; or                                                                        
03                      (B)  is required because of a prisoner's health                                                
04            considerations.                                                                                          
05    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
06 read:                                                                                                                   
07 APPLICABILITY. AS 33.30.031(a), as amended by sec. 1 of this Act,                                                       
08 AS 33.30.031(c), as amended by sec. 2 of this Act, AS 33.30.061(a), as amended by sec. 3 of                             
09 this Act, and AS 33.30.061(b), as amended by sec. 4 of this Act, apply to contracts entered                             
10 into on or after the effective date of this Act.                                                                        
11    * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).