Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/19/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB122 | |
| HB312 | |
| SB214 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 122 | TELECONFERENCED | |
| += | HB 312 | TELECONFERENCED | |
| *+ | SB 214 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 214-ESTABLISH CORRECTIONAL INDUSTRIES PROGRAM
2:22:46 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 214. This is the first hearing.
2:23:13 PM
CLARE SULLIVAN, Deputy Commissioner, Department of Corrections
(DOC), Anchorage, Alaska, said she would provide an overview of
SB 214 and the benefits of establishing a correctional
industries program and Juliana Melin would provide a sectional
analysis. She reviewed her background with the Department of
Corrections, most of which was in the institutions.
She explained that correctional industries programs are designed
to help prisoners leave prison with meaningful skills that are
necessary for a successful transition into the community. This
means getting a job, reporting to the job, getting paid and
paying bills, including restitution and child support. The idea
is to develop a program within the correctional facilities that
is not detrimental to outside work groups or labor. The
correctional industries board that the bill establishes will
provide direction on the industries that each correctional
facility should focus on. The industries program is also a
potential feeder program for unions.
She said research from other states shows that correctional
industries programs help reduce recidivism. Inmates who have
been in the program for any length of time have a far better
chance of a successful transition. They are far less likely to
think in a criminal fashion because they have established a
fairly normal process within the institution. Research also
shows that the institutions that provide some form of economic
diversity help businesses and communities on the outside by
providing products or services that are not otherwise readily
available. Another benefit of these programs is that they reduce
collateral department costs. When people in prison are engaged
in productive and pro-social activities, assaults go down and
medical costs are reduced. Those people also do better after
they are released.
MS. SULLIVAN said DOC is looking at four possible industry
venues that have unmet needs. These are flash freezing of
Alaskan-grown vegetables, continuing and possibly expanding the
Alaska Marine Highways laundry service, restarting the custom
furniture and specialty item business that Spring Creek used to
have, and making and selling Alaska-unique items to wholesalers
in the state.
2:29:20 PM
CHAIR COGHILL asked if they'd thought about steering certain
industries to certain prisons or if that would be left to the
discretion of the board. For example, growing would be much
easier in Palmer than in Southeast.
MS. SULLIVAN said she believes the board would provide that
guidance and DOC would provide the staffing.
CHAIR COGHILL asked if DOC would implement security and safety
measures to ensure that tools aren't misused or stolen. He noted
that mishandling tools was part of the reason the earlier
programs folded.
MS. SULLIVAN said the institutions reworked and enhanced their
tool safety procedures and accountability after a 2014 audit
highlighted deficiencies.
CHAIR COGHILL asked if the Point MacKenzie Correctional Farm was
still vibrant.
MS. SULLIVAN said the farm is still producing enough that they
donate their excess to local charities.
SENATOR WIELECHOWSKI said this is a commendable effort, but he's
concerned about diminishing jobs and wages. He asked what
industries they expect to target, the expected impact on the
labor force, and the expected wage for inmates.
MS. SULLIVAN said the objective is to establish a program in the
prison so inmates can develop skills and be productive when they
are released. The jobs wouldn't be high paying and there is no
intention to compete with businesses on the outside. She noted
that DOC has a program where inmates on ankle monitors go
outside during the day to be trained as ironworkers with the
idea that they will feed into that industry once they're
released.
2:35:32 PM
SENATOR COSTELLO asked if the legislation contemplates that the
inmates would leave with an agreement for future work like the
ironworker example or if it contemplates a correctional industry
program like those in the past which included the laundry
service and furniture building.
MS. SULLIVAN said it's different than the example she cited. The
idea is to have most of the programs within the facilities.
SENATOR COSTELLO noted the proposed board makeup and asked if
they would be opposed to adding a business seat.
MS. SULLIVAN said that's a good idea because labor and business
view some things differently.
SENATOR COSTELLO noted the bill going through the process to
exempt DOC from the procurement process and asked how this
legislation would be impacted if that bill were to pass.
MS. SULLIVAN said she would follow up with an answer.
SENATOR KELLY said he was initially concerned about unemployment
but was encouraged when he realized that a lot of things are
imported now. He cited the hypothetical example of a prison
industry that makes patio furniture. Today most of that is
imported from China or Pakistan.
2:39:27 PM
SENATOR SHOWER said he had the same concern that Senator
Costello voiced. He referenced the language in Section 7 and
opined that there could be a conflict with the typical
competitive bidding process.
2:40:58 PM
JULIANA MELIN, Legislative Liaison, Department of Corrections
(DOC), Juneau, Alaska, clarified that Section 7 does not change
the existing procurement rules for the proposed correctional
industries program. It replaces the old program with the new
correctional industries program. She added that it's not related
to the procurement legislation going through the process.
SENATOR SHOWER asked her to clarify the meaning of the language
on page 2, lines 9-10.
MS. MELIN said the idea is that when the department enters a
contract with a private organization, that employer would be
required to provide workers' compensation.
CHAIR COGHILL deferred further discussion until after Ms. Melin
presented the sectional analysis.
2:42:24 PM
SENATOR WIELECHOWSKI said he was curious about the workers'
compensation implications and whether someone who is injured
would receive temporary total disability or permanent total
disability. He also asked about the potential impacts on Davis-
Bacon wages and the prevailing wage standards.
CHAIR COGHILL deferred the question until after the sectional
analysis.
2:43:19 PM
MS. MELIN paraphrased and supplemented the following sectional
analysis for SB 214.
Section 1: Amends 33.30.191(e) to clarify that
Worker's Comp (AS 23) does not apply to the employment
of prisoners under this particular section.
She explained that later in the bill a large portion of the
section is deleted. An example of what remains is the
commissioner's ability to direct a prisoner to participate in
productive employment while incarcerated, including routine
facility maintenance, academic or vocational education, and
public conservation projects. The exemption from workers'
compensation from these types of activities is consistent with
current statute.
MS. MELIN noted the drafting error in Section 2 on page 1, lines
10-11. The phrase, "In addition to entering contracts or
cooperative agreements under AS 33.30.191," should have been
deleted.
Section 2: Amends 33.30 by adding a new section,
33.30.195, that establishes the correctional
industries program, detailing that in addition to
cooperative agreements listed under 33.30.191, the
commissioner may establish & administer correctional
industries programs upon approval of the Correctional
Industries Board created later in the bill under
33.30.196. Under (b)-(f), operational details of the
newly established correctional industries program is
laid out.
She noted that on page 2, subsection (f) on lines 17-19
clarifies that prisoners employed under this section are not
entitled to unionize and they do not have the rights of state
employees, including the right to participate in collective
bargaining.
Under the new section, 33.30.196, the Correctional
Industries Board is established. The board consists of
four members: the commissioner of labor (or designee),
the commissioner of corrections (or designee), and two
representatives of organized labor that the governor
shall appoint from a list submitted by a labor
organization. These members serve staggered three-year
terms.
The duties of the board include meeting quarterly or
at regularly scheduled times determined by a majority
of members, approve, monitor, and make recommendations
for proposals for prison industry programs, and hold
public hearing to provide opportunity for persons or
organizations to submit written comments or oral
testimony on proposals that may affect them. The board
will also keep public record of all meetings and
hearing and make this information public.
Section 3: Amends 33.30.201(a) by distinguishing
prisoners employed under the new prison industries
program (33.30.195) and removes them from this
particular statute detailing compensation of prisoners
who fall under current statute. It also removes
33.30.191(g)(5) from applying to this section as
"other work performed inside or outside a facility"
now falls within the newly established prison
industries program.
She noted that the outdated language, "if the money is available
from legislative appropriations" is also deleted. The Department
of Law determined that language should be deleted from the
section when it was drafted in 1986.
Section 4: Amends 33.30.201(c) by requiring
compensation of employed prisoners established under
the new section, (g), to follow the priority order of
compensation dispersion as laid out in this section.
It also reorders the priority list, making restitution
payments a higher priority.
Section 5: Amends 33.30.201(d) to include the newly
established prisoner employee's compensation section
(g), detailing that any remaining compensation after
any deduction under (b) or (c) of this section will be
credited to the prisoner.
Section 6: Adds a new section (g) under 33.30.201
describing the compensation of prisoners employed
under the newly established prison industries program
(33.30.195). [It clarifies that compensation for work
performed under contract or agreement with an
individual or private entity may not be less than the
minimum wage required by AS 23.10.065.]
Section 7: Amends 36.30.313 by including the newly
established prison industries program, 33.30.195, in
this statute that precludes the procurement of
products or services provided through the employment
of prisoners from competitive sealed bidding or
competitive sealed proposals.
Section 8: Amends 37.05.146(c) by adding a new section
allowing the Department of Correction to collect
receipts from contracts or agreements under the new
prison industries program (33.30.195)
Section 9: Amends 41.21.026(f) by deleting the old
employment of prisoners language (33.30.191(b)) and
replaces it with the new prison industries program
established under 33.30.195, allowing the department
to charge fees as listed under this section.
Section 10: Repeals AS 33.30.191(b) which is the
current (and limiting) prison industries language as
well as 33.30.191(g)(5) that describes other work
performed inside or outside of a correctional facility
which is now incorporated under the newly established
prison industries program 33.30.195.
Section 11: Effective date July 1, 2018.
2:51:53 PM
SENATOR WIELECHOWSKI said he'd like a discussion on Section 1
that says the provisions of AS 23 do not apply because Title 23
contains the entire work standards.
2:52:31 PM
SENATOR COSTELLO noted that the language on page 1, lines 11-13,
gives the commissioner the ability to establish and administer a
correctional industries program and the language on page 2, line
22, talks about the board providing general policy direction to
the commissioner. She asked the commissioner if he reads that
the way she does, which is that the board would provide general
direction and the program would be run by the commissioner.
2:53:46 PM
DEAN WILLIAMS, Commissioner, Department of Corrections (DOC),
Juneau, Alaska, said the intent is for the board to vet any
permissible business opportunities and give them a red or green
light. He said he'd take another look at the language because
the board is not intended to be a figurehead. He agreed with the
earlier suggestion to include a business member on the board.
SENATOR COSTELLO asked what assurance the legislature would have
that the department would promulgate regulations should this
bill pass.
COMMISSIONER WILLIAMS said this is a good example of a statute
that would require the department to promulgate regulations.
They are necessary to articulate things like board and meeting
processes, the procedure for approving business opportunities,
and how inmates would get paid.
SENATOR COSTELLO asked if he heard the question about how this
legislation would be affected if the legislation about changing
the procurement code were to pass.
2:57:13 PM
COMMISSIONER WILLIAMS clarified that the procurement exception
in HB 325 is specifically about reentry transition housing
services. That bill was not designed or intended to impact
anything regarding procurement in this legislation.
2:58:15 PM
CHAIR COGHILL held HB 214 in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 214 - Version A.PDF |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 214 - Sponsor Statement.pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 214 - Sectional Summary (ver. A).PDF |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 122 - Version O.pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 122 |
| SB 122 - Summary of Changes (ver. J to ver. O).pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 122 |