Legislature(1995 - 1996)

02/09/1995 01:35 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 137    An  Act  making  supplemental  appropriations  for                 
            operating expenses of state government for  fiscal                 
            year 1995; and providing for an effective date.                    
                                                                               
            HB   137  was   HELD  in  Committee   for  further                 
            discussion.                                                        
                                                                               
  HOUSE BILL 137                                                               
                                                                               
       "An   Act   making   supplemental  appropriations   for                 
       operating expenses of state  government for fiscal year                 
       1995; and providing for an effective date."                             
                                                                               
  DEPARTMENT OF CORRECTIONS                                                    
                                                                               
  MARGARET  PUGH,  COMMISSIONER,  DEPARTMENT  OF  CORRECTIONS,                 
                                                                               
                                1                                              
                                                                               
                                                                               
  explained the supplemental  budget request for  Out-of-State                 
  Contract Beds in  the amount of  $2.3 million dollars.   She                 
  continued,   in  order   to   reduce  prisoner   populations                 
  throughout institutions across the State, the Department has                 
  entered into  a professional services agreement,  which will                 
  move 206 prisoners to out-of-state  prison beds.  Action has                 
  been  undertaken  in  order  to   stop  the  court  contempt                 
  sanctions from accruing  at a  rate of approximately  $5,500                 
  per  day.  The  costs of the  beds are $50  dollars per day.                 
  She  added  that the  request  was  necessary  in  order  to                 
  maintain acceptable service levels in non-safety areas.                      
                                                                               
  The State of Alaska  has contracted 206 beds to  the Arizona                 
  facility.   This cost reflects the fixed contract as signed.                 
  Representative Parnell  asked if  the cost included  inmates                 
  health care.   Commissioner Pugh  stated that it would cover                 
  day-to-day medical costs and added it would not be a savings                 
  in  health care spending  when sending the  prisoners out of                 
  state.   Prisoners with on  going health needs were screened                 
  out from those sent out of state.                                            
                                                                               
  Commissioner Pugh noted  that the State has  the flexibility                 
  to send up to a total of 250 prisoners to Arizona within the                 
  contract.  Representative Martin asked if only the long term                 
  prisoners were being sent  out of state.   Commissioner Pugh                 
  responded, the basic criteria used to identify those inmates                 
  to  send were the  ones furthest from  possible release into                 
  the communities and with at least seven years left to serve.                 
  The cost of the contract  does not include medical treatment                 
  or transportation costs.                                                     
                                                                               
  Co-Chair Hanley  asked if  the cost  charged  to Alaska  per                 
  prisoner  per day  included  the  out-of-state debt  service                 
  charge.     Commissioner   Pugh  offered  to   provide  that                 
  information to the Committee at a later date.                                
                                                                               
  Co-Chair Hanley questioned the increased gratuity request in                 
  the amount  of $72.5  thousand dollars.   Commissioner  Pugh                 
  advised that  the number of inmates  has grown at a  rate of                 
  200 per year.  The amount  budgeted last year for gratuities                 
  was  based  on 200  less people  than  are currently  in the                 
  system.                                                                      
                                                                               
  Co-Chair  Hanley  provided  the  Committee  with   handouts.                 
  [Attachments  #1  & #2].   He  asked  the Department  for an                 
  explanation of Attachment #1, the inmate population history.                 
                                                                               
                                                                               
  Commissioner Pugh  voiced the  need for  an additional  $3.1                 
  million dollar  request for  institutions statewide.   While                 
  the   Department  recognizes   that   State  resources   are                 
  declining,  reality  dictates  that   funding  for  adequate                 
                                                                               
                                2                                              
                                                                               
                                                                               
  staffing must be  available in order  to ensure that a  safe                 
  and effective  operation is  maintained at  all times.   She                 
  stressed that the request adds  only enough personal service                 
  funding to  provide stabilization of  the existing personnel                 
  staffing levels within the institutions  to reduce the level                 
  of  risk  to staff  and prisoners  alike.   Due  to depleted                 
  stocks  resulting  from the  sustaining  of  previous budget                 
  reductions, facilities  are not  able to  cover the  support                 
  costs of the increased prisoner populations.                                 
                                                                               
  Co-Chair Hanley interjected  that in order to  determine the                 
  level of funding, more information should be provided to the                 
  Committee  by the  Department.  Commissioner  Pugh explained                 
  that the  prisons are currently at 99% of emergency capacity                 
  which is well over operating  capacity.  She emphasized that                 
  this is a  supplemental need  this year and  that in  summer                 
  months prison loads increase above  the current growth rate.                 
  Co-Chair Hanley  reiterated that this  request has  resulted                 
  from an administrative policy call.                                          
                                                                               
  Commissioner Pugh responded to a  question by Representative                 
  Brown  regarding  the  reduction  levels  provided  in  FY95                 
  budget.  She noted  that the positions authorized to  be cut                 
  were not cut, and that, consequently, drove the need for the                 
  current supplemental request.  The last Administration began                 
  a pattern of spending above authorization levels.                            
                                                                               
  Representative Therriault stated  that if the Department  of                 
  Correction's budget was fully funded  last year, it would be                 
  less than  the  requested supplemental.   Commissioner  Pugh                 
  stated that overcrowding combined with a more violent inmate                 
  population,  resulting from  diversion  of low  risk  inmate                 
  community settings  has resulted in  an 84% increase  in the                 
  assaults on correctional staff.                                              
                                                                               
                                                                               
  Representative  Therriault  referenced  Attachment  #2,  the                 
  Fairbanks Correctional Center (FCC) component being far less                 
  than other facilities operational costs.  Commissioner  Pugh                 
  offered to research that component  and then provide further                 
  information to the Committee.                                                
                                                                               
  Commissioner Pugh explained the Inmate Health Care component                 
  request in the  amount of $2.1  million dollars.  She  noted                 
  that the incredibly high expenditures are due to inmates who                 
  have required extended  ICU stays and  surgeries due to  HIV                 
  related  illnesses,  osteomyelitis,  heart   disease  (three                 
  different  inmates  with  serious  heart  problem  requiring                 
  surgery and hospitalization, cancer,  a pancreatic blockage,                 
  and septicemia).   Additionally, there  have been visits  to                 
  the emergency room and hospital  stays for lesser illnesses.                 
                                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
  Commissioner Pugh  presented the  Sixth Avenue  Correctional                 
  Center  administrative  position  increment request  in  the                 
  amount of $51.9 thousand  dollars.  She pointed out  that as                 
  the  prisoner  population  increases  at  the  Sixth  Avenue                 
  Correctional Center, more  and more emphasis must  be placed                 
  on   safety   staffing   needs   within  the   Institutions.                 
  Correctional  officers  are  currently performing  full-time                 
  clerical and computer oriented duties.                                       
                                                                               
  (Tape Change, HFC 95-19, Side 2).                                            
                                                                               
  Commissioner  Pugh  interjected  these   functions  must  be                 
  performed  by  less  costly  and  appropriately   classified                 
  administrative clerks to free  up the correctional  officers                 
  to provide safety and security at the facility.  The request                 
  would fund three  Administrative Clerk II positions  for the                 
  remainder of FY95.                                                           
                                                                               
  The following increment in the  supplemental request for the                 
  Department was in the amount of $928.9  thousand dollars for                 
  bed  increases  at  Spring Creek  and  Wildwood Correctional                 
  Center  (C.C.).    In  order   to  utilize  every  available                 
  institutional  bed,  the  FY95  budget  request  funding  to                 
  increase the Spring Creek Correctional  Center by fifty beds                 
  and to upscale Wildwood C.C. to full capacity by bringing on                 
  line   the  fifty-nine  available  beds  in  that  facility.                 
  Although funding was  rejected, the  over population  crisis                 
  has  required  that these  beds  be  brought on  line.   The                 
  request would provide  the funding necessary to  support the                 
  costs  associated with  the  additional  staff and  programs                 
  allowing  the Department  to legally  add these beds  to the                 
  correctional system.                                                         
                                                                               
  Co-Chair Hanley  questioned  the  decisions  between  double                 
  bunking or  triple bunking  a facility.   Commissioner  Pugh                 
  responded the difference result from the square footage size                 
  of  the cells.    Wildwood C.C.  was  originally a  military                 
  institution; the rooms now used  for housing of inmates  are                 
  larger than the cells constructed at Spring Creek and  would                 
  meet the square footage requirement for three bunks.                         
                                                                               
  Co-Chair Hanley asked about additional employees being hired                 
  at the  Wildwood C.C.   Commissioner Pugh  stated that  past                 
  downsizing  of Wildwood  has made  the supplemental  request                 
  necessary  in  order  that  facility   could  work  at  full                 
  capacity.                                                                    
                                                                               
  She added that  it was her  understanding that there was  no                 
  duplication within the  Department's supplemental  requests.                 
  Co-Chair  Hanley  stressed  that  the  way the  supplemental                 
  requests had been written, it appeared  there was overlap in                 
                                                                               
                                4                                              
                                                                               
                                                                               
  requests.   Representative  Therriault asked  if  the square                 
  footage allocation per  prisoner had been determined  by the                 
  Cleary  case.  Commissioner  Pugh stated that  they had been                 
  and they mirrored the standards  established by the American                 
  Correctional Association (ACA).   Representative  Therriault                 
  asked if those  standards were tied  to the number of  staff                 
  recommended.    Commissioner  Pugh  indicted  that  staffing                 
  considerations are  determined by  the number of  prisoners,                 
  the functioning of cameras and other electronic surveillance                 
  equipment, the number of constraints or barriers constructed                 
  and the layout  of the facility.   Co-Chair Hanley asked  if                 
  the Alaskan facilities are over or under the staffing needed                 
  in  order to  be  a  safe  environment.   Commissioner  Pugh                 
  commented  that   the  National   Security  Consultant   has                 
  recommended more staff than currently used.                                  
                                                                               
                                                                               
  Commissioner Pugh continued explaining the next supplemental                 
  increment request in the amount of $1.47 million dollars for                 
  Community Residential Treatment Beds.   She pointed out that                 
  the FY95 operating budget included funding for 412 CRC beds.                 
  To reduce overcrowding, classification criteria changes were                 
  implemented in FY95.  The change required an increase in CRC                 
  beds  in  order to  accommodate  increased placements.   The                 
  Department  contracted  for  567  CRC  beds.   In  order  to                 
  maintain the higher level of beds for the remainder of FY95,                 
  supplemental  funding is  required.   Representative  Mulder                 
  pointed  out  concerns  regarding  the   standards  used  in                 
  determination   of   CRC   beds  in   the   Anchorage  area.                 
  Commissioner Pugh noted that the costs for a CRC bed per day                 
  varied between $37/$70 dollars per day.  The average cost is                 
  $42 dollars per day.                                                         
                                                                               
  BOB  COLE,  DIRECTOR, DIVISION  OF  ADMINISTRATIVE SERVICES,                 
  DEPARTMENT OF CORRECTIONS, pointed out that there has been a                 
  dispute of the average daily cost of the CRC beds.  He noted                 
  that the Department is currently  using the formula provided                 
  by the Legislative Finance Division to determine those costs                 
  and  will  provide  the  average  cost  information  to  the                 
  Committee at a later date.                                                   
                                                                               
  Continuing,  Commissioner  Pugh  explained the  supplemental                 
  request  in  the amount  of $31.8  thousand dollars  for the                 
  Southeast Region Probation.  The Southeast  Region Probation                 
  component is currently unable to conduct field visits to the                 
  smaller towns  and communities  under its  supervision.   In                 
  addition, management cannot audit district probation officer                 
  and  the  staff  cannot  meet  the Alaska  Police  Standards                 
  Council  training  requirements, potentially  subjecting the                 
  State  and  the Department  to  substantial liability.   She                 
  stressed  that  all  these  needs  are not  enhancements  to                 
  services but are  basic needs which  were not funded in  the                 
                                                                               
                                5                                              
                                                                               
                                                                               
  FY95 operating authorization.                                                
                                                                               
  Commissioner  Pugh  spoke  to the  supplemental  request  of                 
  $362.5   thousand   dollars   for    the   Point   MacKenzie                 
  Rehabilitation Program;  the program  has been  in existence                 
  for just over a year and  has an operational presence on two                 
  farms.    There  is  housing  for ninety-two  prisoners  but                 
  staffing  and  fiscal  support to  maintain  the  safety and                 
  security of prisoners at  that level is not available.   The                 
  supplemental request  would provide  the additional  funding                 
  support required by the reclassification of LTC positions to                 
  Correctional  Officers, fund  the  six correctional  officer                 
  positions  which  were  transferred   without  funding  from                 
  Wildwood  Correctional   Center  and   enhance  the   fiscal                 
  resources needed to feed, clothe, and provide gratuities for                 
  prisoners.                                                                   
                                                                               
  Commissioner  Pugh completed  the supplemental  overview for                 
  the Department of Corrections.                                               
                                                                               
  DEPARTMENT OF REVENUE                                                        
                                                                               
  ROBERT   BARATKO,   DIRECTOR,  DIVISION   OF  ADMINISTRATIVE                 
  SERVICES,  DEPARTMENT OF  REVENUE,  provided  a letter  from                 
  Nancy  Slagle, Director,  Office  of Management  and Budget,                 
  indicating a  change to Section  2 amended from  $711,100 to                 
  $313,300  dollars.    [Attachment  #3].   The  change  would                 
  reflect  the  most pressing  start-up  costs for  the Mental                 
  Health Trust Authority.  Mr.  Baratko provided the Committee                 
  with  an additional handout.   [Attachment #4].   He pointed                 
  out  an  additional  reduction  in  the  amount  of  $15,000                 
  dollars;  the  total   request  for  that  portion   of  the                 
  supplemental would now be $298,300 dollars.                                  
                                                                               
  Co-Chair  Hanley  remarked that  the statute  indicated that                 
  executive  director position  would be  paid  at least  at a                 
  range #26  although had been budgeted  at a range  #29.  Mr.                 
  Baratko responded that  the range would be  dependant on the                 
  experience of that  person.   Co-Chair Hanley supported  the                 
  Executive Director position being hired at a range #26  with                 
  the extra funds spent on services.                                           
                                                                               
  Representative Brown observed that the request for equipment                 
  had   not    been   reduced    following   past    Committee                 
  recommendations.    Mr. Baratko  responded  that a  "rule of                 
  thumb" had been applied; as a cubby is established in a pre-                 
  established  work   environment,  one  should   budget  $6.5                 
  thousand dollars  per  work space.   This  was the  planning                 
  guideline used to determine that request.                                    
                                                                               
  Mr. Baratko concluded the supplemental overview  request for                 
  the Alaska Mental Health Trust  Authority for the Department                 
                                                                               
                                6                                              
                                                                               
                                                                               
  of Revenue.                                                                  

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