Legislature(1997 - 1998)
04/25/1997 01:40 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
April 25, 1997
1:40 P.M.
TAPE HFC 97-113, Side 1, #000 - end.
TAPE HFC 97-113, Side 2, #000 - #264.
CALL TO ORDER
Co-Chair Therriault called the House Finance Committee
meeting to order at 1:40 p.m.
PRESENT
Co-Chair Therriault Representative Kohring
Representative Davies Representative Martin
Representative Davis Representative Moses
Representative Foster Representative Mulder
Representative Grussendorf
Co-Chair Hanley and Representative Kelly was absent from the
meeting.
ALSO PRESENT
Representative Ivan Ivan; Bruce Richards, Department of
Corrections.
SUMMARY
HB 109 "An Act relating to the management and disposal of
state land and resources; relating to certain
remote parcel and homestead entry land purchase
contracts and patents; and providing for an
effective date."
HB 109 was HELD in Committee for further
consideration.
SB 1 "An Act relating to living and working conditions
of prisoners in correctional facilities operated
by the state, and authorizing the commissioner of
corrections to negotiate with providers of
detention and confinement services under contract
to apply those conditions and limitations on
services to persons held under authority of state
law at facilities operated under contract or
agreement; relating to services provided to
prisoners; amending the definition of 'severely
medically disabled' applicable to prisoners
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seeking special medical parole; amending
provisions of the correctional industries program;
and extending the termination date of the
Correctional Industries Commission and the
program."
HCS CSSB 1 (JUD) was reported out of Committee
with a "do pass" recommendation and with a fiscal
impact note by the Department of Corrections; and
with two zero fiscal notes, one by the Department
of Public Safety, and one by the Department of
Law, all dated 1/30/97.
SENATE BILL NO. 1
"An Act relating to living and working conditions of
prisoners in correctional facilities operated by the
state, and authorizing the commissioner of corrections
to negotiate with providers of detention and
confinement services under contract to apply those
conditions and limitations on services to persons held
under authority of state law at facilities operated
under contract or agreement; relating to services
provided to prisoners; amending the definition of
'severely medically disabled' applicable to prisoners
seeking special medical parole; amending provisions of
the correctional industries program; and extending the
termination date of the Correctional Industries
Commission and the program."
SENATOR DAVE DONLEY, SPONSOR SB 1, testified in support of
the legislation. He observed that SB 1 is similar to SB
175, which passed the last legislative session (and was
vetoed by the Governor). He compared SB 1 to SB 175. He
observed that a two year delayed effective date was added to
allow the Department to implement changes. Senate Bill 1
totally bans tobacco use in state correctional facilities.
Senate Bill 1 mandates that food service in correctional
facilities not exceed 90 percent of the per capita
expenditure of the United States Army for food service of
enlisted men in Alaska. Personal computers, VCR's, and
pornographic materials are banned from prisoners' cells.
Senate Bill 175 also banned compact disc players. The
Department of Corrections requested that cassette tapes be
banned instead of compact discs. He explained that cassette
tapes are used to smuggle contra ban. A provision was added
to adopt a fee schedule for utility use by prisoners to help
offset the cost of electrical appliances in prisoners'
cells. Prisoners are limited to no more than three
appliances per cell. He noted that free weights are banned
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under SB 1. Last year all body building equipment was
banned under SB 175. He observed that many states and the
federal government are banning free weights. Senate Bill 1
would also limit access and use of legal materials and legal
assistance in correctional facilities. In an effort to
curtail recreational litigation, guidelines would be placed
regarding the filing of litigation by prisoners. The burden
of proof, as relates to the filing of litigation, would be
placed on the prisoner. He concluded by noting that
additional statutory duties for the commissioner were added
to establish programs that protect the victims of crimes
committed by prisoners.
Co-Chair Therriault referred to section 8. Section 8 allows
the commissioner to limit access and use of legal materials
and legal assistance in a correctional facility. Senator
Donley noted that section 8 provides a standard for the
commissioner to apply in regards to the prisoner's
constitutional access to legal reference materials or
assistance. The court cannot enter an order to gain relief
unless it finds, by a preponderance of the evidence, that
the enforcement of any restriction hinders the prisoner from
access. He noted that there are no current standards.
Under the Cleary settlement every correctional facility has
a full, up to date law library. This is not a United States
constitutional requirement. Private institutions do not
have this requirement.
Senator Donley discussed section 3. He noted that inmates
that do not present a danger to the public or are
incapacitated to the point that they could not commit a
crime could be paroled for medical conditions. He observed
that the State bears the cost of medical care for prisoners
while they are in a state facility. The federal government
will pick up 50 percent of the cost if they are outside of a
state facility. He emphasized that one case could cost the
State $250 thousand dollars. This provision would expand
the existing law. The existing law requires that an inmate
be bedridden to be eligible. Under SB 1, a prisoner in a
wheel chair could be eligible. He stated that the intent is
to capture 10 cases a year under the change. He noted that
the fiscal notes do not reflect an estimated reduction. He
explained that a typical case would be someone who is
terminal ill.
BRUCE RICHARDS, DEPARTMENT OF CORRECTIONS recounted a case
where a prisoner jumped out of a second floor window and
became paralyzed. The prisoner was no longer a threat to
public safety.
Representative Davies noted that prisoners' medical costs
would be shifted to the federal government. Senator Donley
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observed that state prisoners are not eligible for medicaid.
Representative Davies suggested that the congressional
delegation be approached about changing the federal law.
Representative Davis stressed that correctional officers
should not be restricted from using whatever techniques are
needed to control hazardous situations. He asked what is
the current food standard.
Senator Donley noted that each facility has its own rules.
Some institutions are already tobacco free. The bill would
adopt statewide standards. Other states with total tobacco
bans have been successful. He observed that food standards
would be 90 percent of the Department of Defense's cost of
feeding soldiers in Alaska. The Department of Corrections
currently meets this criteria. The cost of feeding a
soldier in Alaska is $6.85 dollars a meal. In March, it cost
the Department of Corrections $4.20 dollars per meal to feed
prisoners. He acknowledged that food costs in March were
low. He observed that there must be a balance between
keeping the prisoners happy and the public's perception that
prisons should be for punishment.
Representative Mulder observed that SB 1 has improved the
provisions of SB 175. He asked if the purchase of Alaska
seafood was addressed in the legislation. Senator Donley
noted that the use of salmon is encouraged by the
legislation. Representative Mulder stated that prison
supervisors have indicated that the flow of outside money
into prisons is a problem. He suggested that the flow of
money should be reduced to allow better management of
prisoners. He noted that there may be some constitutional
problems with an amendment to restrict prisoners from
obtaining money while in prison.
In response to a question by Representative Davies, Senator
Donley clarified that the cost of feeding soldiers in Alaska
is readily available through the Department of Defense. He
observed that last month was a particularly good month for
the Department of Corrections. The Department's average
food cost is approximately 85 percent of the Department of
Defense's cost of feeding enlisted men in Alaska.
Representative Davies acknowledged that there was a strong
public reaction to the use of king crab in prisons. He
questioned if food quality in state correctional facilities
is too high. Senator Donley did not think there is a
problem with the current Administration. He stressed the
need to balance the public's and inmates' interests.
Representative Davies referred to page 6, lines 3 and 4
which encourages the use of Alaska salmon. He maintained
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that there is not a major over expenditure in food costs.
He recounted that the food in facilities is pretty poor.
Representative Davies questioned if language on page 3, line
4, regarding living conditions pertain to private prisons.
Senator Donley observed that private prisons are not under
the same restraints. He emphasized that private prisons
have an economic restraint.
Representative Davies stressed that private prisons could
allow a higher standard. Senator Donley noted that the
commissioner can impose restrictions on private facilities.
He maintained that the commissioner should have the
flexibility to negotiate the best package they can for the
State. He observed that private facilities are trying to
meet a price. He noted the difficulty of convincing the
public of the need for additional prisons when the public
perceives that there are "frills" in the prisons. He
maintained that the public will be more willing to finance
additional facilities if there are standards.
Representative Davies referred to section 5. Senator Donley
explained that the intent is to make sure there are no
facilities in the State where people have total privacy. An
exception is included for state purchases of existing
buildings that may not be setup as a prison, such as a
military base. This only applies to public facilities. He
noted that some private facilities operate dormitories. The
State's use of dormitories is limited under the Cleary
settlement.
Representative Davies discussed the limit of computer use on
page 5. He questioned why personal letters were being
restricted. Senator Donley noted the difficulty of keeping
track of material on hard drives. The legislation allows
the use of computers in a public space. Representative
Davies asked why computers could not be used as a typewriter
in a public space to write letters. Senator Donley noted
that the question was not previously raised. Representative
Davies pointed out that commuters are commonly used as
typewriters. Senator Donley did not see a problem with use
of computers for personal letters. He did see a problem
with "opening the window for personal uses other than
employment, education, or vocational training.
Representative Mulder maintained that it is important that
public safety standards be placed upon private facilities.
He stressed that management tools need to be flexible. He
observed that the daily food costs in Alaska are two to
three times higher than food costs in Arizona.
Representative Davis noted that the commissioner has the
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latitude to require private facilities to implement whatever
provisions are needed.
Mr. Richards observed that the Department of Corrections has
worked with Senator Donley on the legislation. He
acknowledged that there are always concerns when management
tools are limited. He noted that some of the provisions
have already been implemented. He stated that many of the
Department's concerns have been addressed.
Representative Davies asked if electrical charges were
reasonable. Mr. Richards stated that the amount collected
from a $3 dollar fee would be approximately equal to the
cost of implementation. He did not know the exact fee
necessary to break even.
Representative Davis questioned if "appliance" should be
used instead of "utility" on page 6, line 6. Representative
Mulder observed that the Department needs to determine how
much electricity is being consumed by the total inmate
population, as relates to appliances, before the cost for
each appliance can be factored. Co-Chair Therriault thought
that "utility" was appropriately used.
Co-Chair Therriault noted that the fiscal notes from the
Department of Law and the Department of Public Safety are
zero. The Department of Corrections has a $20 thousand
dollars fiscal note.
(Tape Change, HFC 97-113, Side 2)
In response to a question by Representative Davies, Senator
Donley emphasized that there is not enough work for all the
inmates. He noted that the legislation increases vocational
training opportunities. He did not think that inmate work
hours should be limited.
Representative Davies MOVED to insert "premium" before
"cable" on page 4, line 2; and delete "other than a level of
basic cable television service". He explained that the
intent is to prohibit premium cable service. Co-Chair
Therriault OBJECTED.
Senator Donley pointed out that the legislation already
prohibits premium cable. He noted that in areas where
broadcast television service is not available basic cable
would be allowed. The amendment would state that basic
cable is allowed in all cases.
Representative Davies expressed concern that litigation will
occur in regards to what broadcast services are available.
He spoke in support of the amendment. He stated that
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broadcast television may disappear.
Representative Davis spoke against the amendment. He
clarified that the intent is not to get rid of major sport
coverage.
Senator Donley noted that there are seven facilities that
have no cable, five facilities that have basic cable, and
three facilities that have premium cable, in Alaska. He
explained that the intent is to allow prisoners the same
access to television as the average citizen. He stated that
it is appropriate that prisoners have to use broadcast
television that is available to the normal population.
A roll call vote was taken on the MOTION to adopt Amendment
1.
IN FAVOR: Moses, Davies
OPPOSED: Davis, Foster, Kohring, Mulder, Therriault
Co-Chair Hanley and Representatives Grussendorf, Kelly, and
Martin were absent for the vote.
The MOTION FAILED (2-5).
Representative Davies MOVED to insert "correspondence with
the prisoner's family" after "education" on page 5, line 5.
Senator Donley stated that the criteria in the bill is good.
He stressed that people in prison give up some of their
privileges.
A roll call vote was taken on the MOTION to adopt Amendment
2.
IN FAVOR: Moses, Davies
OPPOSED: Davis, Foster, Kohring, Mulder, Therriault
Co-Chair Hanley and Representatives Grussendorf, Kelly, and
Martin were absent for the vote.
The MOTION FAILED (2-5).
Representative Foster MOVED to report HCS CSSB 1 (JUD) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
HCS CSSB 1 (JUD) was reported out of Committee with a "do
pass" recommendation and with a fiscal impact note by the
Department of Corrections; and with two zero fiscal notes,
one by the Department of Public Safety, and one by the
Department of Law, all dated 1/30/97.
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HOUSE BILL NO. 109
"An Act relating to the management and disposal of
state land and resources; relating to certain remote
parcel and homestead entry land purchase contracts and
patents; and providing for an effective date."
Co-Chair Therriault provided members with amendments for HB
109 (copies on file). He explained that Amendment 1
addresses submerged land along the river system. Amendment
3 addresses mariculture. He explained that the Court ruled
that the Department of Natural Resources has invalidated the
process for issuances of mariculture leases because some of
the process was skipped in issuing permits. The amendment
would save permits and leases that were invalidated.
Amendment 2 would provide that an appraisal for utilization
in sale or lease of land would be good for two years.
HB 109 was HELD in Committee for further consideration.
ADJOURNMENT
The meeting adjourned at 2:50 p.m.
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