Legislature(2001 - 2002)

03/28/2002 10:22 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                       March 28, 2002                                                                                           
                          10:22 AM                                                                                              
                                                                                                                                
TAPE HFC 02 - 67, Side A                                                                                                        
TAPE HFC 02 - 67, Side B                                                                                                        
TAPE HFC 02 - 68, Side A                                                                                                        
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House  Finance Committee meeting                                                                   
to order at 10:22 AM.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eldon Mulder, Co-Chair                                                                                           
Representative Bill Williams, Co-Chair                                                                                          
Representative Con Bunde, Vice-Chair                                                                                            
Representative Eric Croft                                                                                                       
Representative John Davies                                                                                                      
Representative John Harris                                                                                                      
Representative Bill Hudson                                                                                                      
Representative Ken Lancaster                                                                                                    
Representative Jim Whitaker                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Richard Foster                                                                                                   
Representative Carl Moses                                                                                                       
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Susan  Scudder, Director,  Council on  Domestic Violence  and                                                                   
Sexual Assault,  Department of Public Safety;  Patti Swenson,                                                                   
Staff,    Vice-Chair    Bunde;   Jennifer    Yuhus,    Staff,                                                                   
Representative  Masek; Ben Butler,  Mayor, City of  Whittier;                                                                   
Charles  Campbell,  Juneau; Margot  Margot  Knuth,  Assistant                                                                   
Attorney General,  Department of Corrections;  Frank Prewitt,                                                                   
Consultant, Cornell  Corrections, Inc.; Susan  Burke, Cornell                                                                   
Corrections, Inc.;                                                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Frank  Smith; Marvin  Wiebe, Cornell  Corrections, Inc.;  Bob                                                                   
Loeffler, Division  of Mining, Land and Water,  Department of                                                                   
Natural  Resources;  Jan  Konigsberg,   Alaska  Public  Water                                                                   
Coalition,  Anchorage;  Jim  Lecrone,  PSEA,  Anchorage;  Don                                                                   
Valesk, Anchorage; Dee Hubbard,  Anchorage; John Duffy, Matsu                                                                   
Borough; Pete Halgren, Delta Junction;                                                                                          
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 27     "An Act relating to the licensure and registration                                                                    
          of individuals who perform home inspections;                                                                          
          relating   to  home  inspection   requirements  for                                                                   
          residential  loans  purchased  or approved  by  the                                                                   
          Alaska  Housing  Finance Corporation;  relating  to                                                                   
          civil actions  by and against home  inspectors; and                                                                   
          providing for an effective date."                                                                                     
                                                                                                                                
          HB 27 (FIN) was REPORTED out of Committee with a                                                                      
          "do  pass" recommendation and  with two  new fiscal                                                                   
          impact notes: REV and CED.                                                                                            
                                                                                                                                
HB 332    "An  Act  extending  the termination  date  of  the                                                                   
          Council  on Domestic  Violence and Sexual  Assault;                                                                   
          and providing for an effective date."                                                                                 
                                                                                                                                
          CSHB 332 (FIN) was REPORTED out of Committee with                                                                     
          a "do pass" recommendation  and with and previously                                                                   
          published fiscal notes: (3) DPS.                                                                                      
                                                                                                                                
HB 421    "An Act relating to water use and appropriation."                                                                     
                                                                                                                                
          CSHB 421  (RES) was REPORTED out of  Committee with                                                                   
          "no  recommendation" and  two previously  published                                                                   
          fiscal notes: HRES/DNR (1) and DNR (2).                                                                               
                                                                                                                                
HB 498    "An  Act  expressing legislative  intent  regarding                                                                   
          privately operated correctional  facility space and                                                                   
          services;   relating   to   the   development   and                                                                   
          financing   of  privately   operated   correctional                                                                   
          facility   space  and  services;   authorizing  the                                                                   
          Department   of  Corrections   to  enter   into  an                                                                   
          agreement   for  the   confinement   and  care   of                                                                   
          prisoners   in  privately   operated   correctional                                                                   
          facility  space;  and  providing for  an  effective                                                                   
          date."                                                                                                                
HOUSE BILL NO. 332                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the Council                                                                      
     on Domestic Violence and Sexual Assault; and providing                                                                     
     for an effective date."                                                                                                    
                                                                                                                                
Vice-Chair   Bunde,  Sponsor,   spoke  in   support  of   the                                                                   
legislation. He  explained that the legislation  would extend                                                                   
the  Council on  Domestic  Violence  and Sexual  Assault  and                                                                   
allow  the  executive  director   to  their  hire  staff.  He                                                                   
acknowledged that  an audit pointed out some  problems in the                                                                   
Council  on   Domestic  Violence   and  Sexual  Assault.   He                                                                   
emphasized that  directors must have  tools to do  their jobs                                                                   
and  emphasized the  importance of  having supportive  staff.                                                                   
The Council has 8 staff members.                                                                                                
                                                                                                                                
Representative Harris questioned the fiscal notes.                                                                              
                                                                                                                                
SUSAN  SCUDDER, DIRECTOR,  COUNCIL ON  DOMESTIC VIOLENCE  AND                                                                   
SEXUAL ASSAULT,  DEPARTMENT OF  PUBLIC SAFETY explained  that                                                                   
the  fiscal  notes  reflect  the   proposed  budget  for  the                                                                   
Council.                                                                                                                        
                                                                                                                                
PATTI  SWENSON, STAFF,  VICE-CHAIR BUNDE  explained that  the                                                                   
fiscal note reflects  the numbers proposed by  the Governor's                                                                   
budget.                                                                                                                         
                                                                                                                                
Representative  Hudson  MOVED  to  ADOPT  proposed  committee                                                                   
substitute work  draft, 22-LS1290\J, 2/14/02. There  being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Representative Hudson  MOVED to report CSHB 332  (FIN) out of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB  332 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass"  recommendation  and  with   and  previously  published                                                                   
fiscal notes: (3) DPS.                                                                                                          
HOUSE BILL NO. 27                                                                                                             
                                                                                                                                
     "An Act  relating to the  licensure and registration  of                                                                   
     individuals  who perform  home inspections; relating  to                                                                   
     home  inspection  requirements   for  residential  loans                                                                   
     purchased  or approved  by  the Alaska  Housing  Finance                                                                   
     Corporation;  relating to civil  actions by  and against                                                                   
     home inspectors; and providing for an effective date."                                                                     
                                                                                                                                
REPRESENTATIVE NORM  ROKEBERG, SPONSOR, provided  information                                                                   
on the  fiscal note. The startup  cost would be  $64 thousand                                                                   
dollars. The subsequent  annual cost would be  $58.5 thousand                                                                   
dollars. The  fiscal note used  a conservative number  of 100                                                                   
new home  inspector licenses.  New home  inspectors would  be                                                                   
added   to  the   2,716  specialty   contractors.   Specialty                                                                   
contractors currently pay a $200  dollars biannual fee. There                                                                   
would  be  an  increase  of  approximately  $47  dollars  per                                                                   
biannual  fee. He clarified  that home  inspectors would  pay                                                                   
for their  examination. The  specialty contractor  examine is                                                                   
recorded in their  fee. Home inspector examinations  would be                                                                   
offered by an outside entity.                                                                                                   
                                                                                                                                
Representative  Hudson  questioned  the percentage  of  homes                                                                   
bought  through Alaska  Housing  Finance Corporation  (AHFC).                                                                   
Representative  Rokeberg noted that  47 percent of  the homes                                                                   
in Alaska are  purchased through AFHC. The  legislation would                                                                   
cover any home  inspection. The consumer would  contract with                                                                   
the home inspector.                                                                                                             
                                                                                                                                
Representative  Lancaster   clarified  that  only   one  home                                                                   
inspector would be required for each home.                                                                                      
                                                                                                                                
Representative  John Davies  clarified  that the  inspections                                                                   
would  not only  be  on  new homes.  Representative  Rokeberg                                                                   
observed  that there are  three different  types of  licenses                                                                   
and different examination requirements fore each specialty.                                                                     
                                                                                                                                
Representative  Lancaster MOVED to  report CSHB 27  (FIN) out                                                                   
of Committee with  the accompanying fiscal note.  There being                                                                   
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
HB 27 (FIN)  was REPORTED out  of Committee with a  "do pass"                                                                   
recommendation and with two new  fiscal impact notes: REV and                                                                   
CED.                                                                                                                            
HOUSE BILL NO. 421                                                                                                            
                                                                                                                                
     "An Act relating to water use and appropriation."                                                                          
                                                                                                                                
JENNIFER YUHUS, STAFF, REPRESENTATIVE  MASEK spoke in support                                                                   
of the legislation,  on behalf of the sponsor.  Problems were                                                                   
reveled within the Administration  regarding the distributing                                                                   
of  water rights  and  the  processing of  applications.  The                                                                   
sponsor believes  there should be a standardized  process and                                                                   
that people should have access to their records.                                                                                
                                                                                                                                
Representative  Lancaster observed  that the  fiscal note  is                                                                   
only for  one year. Ms.  Yuhus explained that  the department                                                                   
received  $300 thousand  dollars  for a  five-year period  to                                                                   
address  the 3,000-application  backlog.  The  money has  not                                                                   
been completely expended and the  positions have not all been                                                                   
hired. The sponsor believes that  the cost of the legislation                                                                   
could be taken from the appropriation.                                                                                          
                                                                                                                                
BOB LOEFFLER, DIVISION OF MINING,  LAND AND WATER, DEPARTMENT                                                                   
OF NATURAL RESOURCES testified  via teleconference in support                                                                   
of the legislation. He noted that  information is made public                                                                   
to anyone who  asks. The funding would revamp  their computer                                                                   
systems so that  regional information, which  is difficult to                                                                   
collect,  would be  available to  the public.  He noted  that                                                                   
they have funds available in the  current fiscal year [due to                                                                   
vacancy], but expect  to expend all of the funds  in the next                                                                   
year.                                                                                                                           
                                                                                                                                
In response  to a question  by Representative  Lancaster, Mr.                                                                   
Loeffler clarified that the information would be free.                                                                          
                                                                                                                                
In response to a question by Representative  John Davies, Mr.                                                                   
Loeffler  explained  that  the   one-time  cost  would  cover                                                                   
programs to set up the system.  The incremental cost would be                                                                   
part  of  maintaining   the  computer  system.   If  all  the                                                                   
positions  were hired  and the increment  denied there  would                                                                   
not be sufficient funding to hire the programmer.                                                                               
                                                                                                                                
Mr.  Loeffler   noted  that  all   of  the  funds  go   to  a                                                                   
reimbursable  services  agreement.  They already  have  their                                                                   
office equipment.                                                                                                               
                                                                                                                                
JAN  KONIGSBERG, ALASKA  PUBLIC  WATERS COALITION,  ANCHORAGE                                                                   
testified via teleconference in support of the legislation.                                                                     
                                                                                                                                
Representative Hudson  MOVED to report CSHB 421  (RES) out of                                                                   
Committee with the accompanying  fiscal notes. There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB  421  (RES)  was REPORTED  out  of  Committee  with  "no                                                                   
recommendation"  and two previously  published fiscal  notes:                                                                   
HRES/DNR (1) and DNR (2).                                                                                                       
HOUSE BILL NO. 498                                                                                                            
                                                                                                                                
     "An   Act  expressing   legislative   intent   regarding                                                                   
     privately  operated  correctional   facility  space  and                                                                   
     services; relating  to the development and  financing of                                                                   
     privately  operated  correctional   facility  space  and                                                                   
     services; authorizing  the Department of  Corrections to                                                                   
     enter into an agreement for  the confinement and care of                                                                   
     prisoners  in privately  operated correctional  facility                                                                   
     space; and providing for an effective date."                                                                               
                                                                                                                                
Representative  Harris, Sponsor, testified  in support  of HB
498.  He  explained  that  the   legislation  (known  as  the                                                                   
Whittier  prison bill)  was introduced  because  the city  of                                                                   
Whittier  has been  concerned about  economic development  in                                                                   
their  area.  He  observed  that  there  have  been  previous                                                                   
attempts at the private prison  concept in other areas of the                                                                   
state.  These  attempts  failed   during  public  votes.  The                                                                   
residents of the  city of Whittier seem to  be overwhelmingly                                                                   
in support of the process and  facility. The city is in close                                                                   
proximity to Anchorage.                                                                                                         
                                                                                                                                
BEN BUTLER, MAYOR,  CITY OF WHITTIER testified  in support of                                                                   
HB 498.  He observed that the  city of Whittier  followed the                                                                   
Kenai proposal.  The city  is looking  for ways to  diversify                                                                   
its economy. The  city held public hearings  and sent mailers                                                                   
to  residents  to make  sure  that  they  were aware  of  the                                                                   
proposal.  The city received  85 (out  of 100) signatures  on                                                                   
the petition  [in support  of the  prison]. The proximity  to                                                                   
Anchorage makes Whittier a good  location. There is plenty of                                                                   
land for the  project. A competitive bid  procurement process                                                                   
has  been followed.  He  discussed the  procurement  process,                                                                   
which utilized a  private billing contractor, CPA  firm and a                                                                   
local  resident  to review  the  Request  for  Qualifications                                                                   
(RFQ)  sent  by   the  city  of  Whittier.   There  were  two                                                                   
respondents   out   of   four.    The   city   accepted   the                                                                   
recommendation from the group that reviewed the proposals.                                                                      
                                                                                                                                
In  response to  a question  by  Representative Croft,  Mayor                                                                   
Butler explained  that the  city has  signed a contract  with                                                                   
the private contractor (Cornell Corrections, Inc.)                                                                              
                                                                                                                                
Representative  Croft asked  for  more information  regarding                                                                   
the selection of Cornell Corrections  Inc (Cornell). He asked                                                                   
if there  was competitive  criterion  on costs. Mayor  Butler                                                                   
stated that  cost was considered. Representative  Croft asked                                                                   
for  the criteria  used  by  the subcommittee.  Mayor  Butler                                                                   
responded  that he would  provide the  evaluation forms  that                                                                   
were used.                                                                                                                      
                                                                                                                                
Representative  Lancaster  questioned  why the  proposal  was                                                                   
changed  from  an 800  to  1,200-bed proposal.  Mayor  Butler                                                                   
noted that  economy of scale was  the major factor;  plus the                                                                   
fact that  the state has indicated  that there is a  need for                                                                   
1,200+ beds in the state.                                                                                                       
                                                                                                                                
Representative Lancaster questioned  what would be the result                                                                   
of the  passage of  the legislation.  Mayor Butler  explained                                                                   
that there would  be an intergovernmental agreement  with the                                                                   
Department  of  Corrections, the  city  of Whittier  and  the                                                                   
selected contractor.                                                                                                            
                                                                                                                                
Representative  Hudson  questioned  why the  community  would                                                                   
want to encourage the existence  of a prison in its vicinity.                                                                   
                                                                                                                                
Mayor  Butler pointed  out  that the  facility  would not  be                                                                   
located in the most attractive  part of town. He stressed the                                                                   
need to  encourage economic  prosperity  and provide  jobs in                                                                   
Whittier. Most jobs are seasonal.  The city lacks an economic                                                                   
base. Opening  the prison  could also  result in lower  fares                                                                   
through the tunnel.                                                                                                             
                                                                                                                                
Representative Whitaker  asked for further  details regarding                                                                   
the competitive procurement process.                                                                                            
                                                                                                                                
Mr. Butler  explained that  the City of  Whittier sent  out a                                                                   
RFQ to  five different correctional  companies. Of  the five:                                                                   
one did  not respond  at all;  two stated  that they  did not                                                                   
want  to  participate;  and two  responded.  Their  Anchorage                                                                   
attorneys  set  up  an  evaluation team  to  review  the  two                                                                   
responses. The  group evaluated both proposals  and came back                                                                   
to  the  city  Council  with   a  recommendation,  which  was                                                                   
adopted.  He noted  that Cornell  Corrections,  Inc. and  CCA                                                                   
responded to the RFQ.                                                                                                           
                                                                                                                                
Representative Croft observed that the legislation states:                                                                      
                                                                                                                                
     In  the  agreement  with   the  City  of  Whittier,  the                                                                   
     commissioner of corrections  shall require that the city                                                                   
     procure  one  or  more  private   third-party  operators                                                                   
     through   a   competitive   procurement   process.   The                                                                   
     procurement   requirements   of  this   subsection   are                                                                   
     satisfied  if the  City of  Whittier  in exercising  its                                                                   
     powers under  AS 29.35.010(15) for procurement  of land,                                                                   
     design,  construction,  and  operation  of  a  facility,                                                                   
     follows  its municipal  ordinances  and resolutions  and                                                                   
     procurement procedures.                                                                                                    
                                                                                                                                
Representative  Croft asked  for  more information  regarding                                                                   
the city's procedures. Mayor Butler  responded that there are                                                                   
requirements  for competitive  solicitations and  competitive                                                                   
bids  with   time  allocations   for  bid  proposals.   Their                                                                   
attorneys followed the municipal code.                                                                                          
                                                                                                                                
Representative Croft  expressed concern that  the legislation                                                                   
only requires the city to follows their normal process.                                                                         
                                                                                                                                
Co-Chair Mulder  spoke in support  of the city  of Whittier's                                                                   
competitive bid procurement process.  He felt that the city's                                                                   
procurement process would reflect state requirements.                                                                           
                                                                                                                                
Representative Hudson observed  that the city of Whittier has                                                                   
authority to issue  bonds and questioned the  city's history.                                                                   
Mayor Butler noted that the city has never issued bonds.                                                                        
                                                                                                                                
Representative Hudson questioned  how the 1,200-bed limit was                                                                   
reached. He noted that the state is underwriting the bond.                                                                      
                                                                                                                                
Mayor Butler clarified  that there is no added  cost with the                                                                   
land. The  facility would be  located on railroad  land under                                                                   
city  control.  The  city  has  a  105-year  lease  with  the                                                                   
railroad for  the land. The railroad  does not object  to the                                                                   
proposal.                                                                                                                       
                                                                                                                                
TAPE HFC 02 - 67, Side B                                                                                                      
                                                                                                                                
Representative Hudson  noted that the  city aught to  own the                                                                   
land. He  suggested that  the legislature  should be  able to                                                                   
transfer railroad land to the city of Whittier.                                                                                 
                                                                                                                                
Co-Chair  Mulder clarified  that  the problem  with  railroad                                                                   
land  exists  throughout  the  state  of  Alaska.  There  are                                                                   
several hotels  that have  been built  on railroad  land that                                                                   
are similar  in nature, in that  a private company  owns them                                                                   
and they are  leased. Representative Hudson  pointed out that                                                                   
the railroad  is getting  money [from  those situations].  He                                                                   
questioned if the railroad would  receive money from the land                                                                   
the prison  would sit on.  Co-Chair Mulder acknowledged  that                                                                   
the  railroad   would  not  receive   money  for   the  land.                                                                   
Representative Hudson  explained that he raised  the question                                                                   
because the  railroad will not  receive money  and questioned                                                                   
why the land should not be transferred  to the city. He noted                                                                   
it legislature could transfer the land within the bill.                                                                         
                                                                                                                                
Mayor  Butler  explained  that  the  city  has  attempted  to                                                                   
receive  non-essential  railroad   lands.  He  stressed  that                                                                   
Whittier is  a railroad  town. He  maintained that  having to                                                                   
lease or get permission from the  railroad [for land use] has                                                                   
stifled economic  growth. The  city would  very much  like to                                                                   
have  nonessential  railroad  lands  deeded to  the  city  of                                                                   
Whittier.                                                                                                                       
                                                                                                                                
Representative  Hudson  stated  that  he would  like  to  see                                                                   
something  positive  happen  for  the city  of  Whittier.  He                                                                   
pointed  out  that  the  city  of  Whittier  would  have  the                                                                   
responsibility.  [This would  be offset]  by the  possibility                                                                   
that there would be greater usage  of the tunnel, which would                                                                   
decrease costs  and increase  access to  the town.  The state                                                                   
has spent millions of dollars  to provide access. He stressed                                                                   
that he  would like to  see [the prison]  become an  asset of                                                                   
value and the leasing  of the land to be included  as part of                                                                   
the pay back.  He maintained that the state  aught to provide                                                                   
[the city] some remuneration for the value of the land.                                                                         
                                                                                                                                
Mayor  Butler  responded  that  the city  would  welcome  any                                                                   
action on  land transfers. Co-Chair  Mulder pointed  out that                                                                   
[land transfers]  would require a second bill  because of the                                                                   
questions   raised  as   to  whether   the  transfer   is  an                                                                   
appropriation.  He  did not  believe  a land  transfer  would                                                                   
constitute an appropriation.                                                                                                    
                                                                                                                                
Representative Lancaster  questioned how the number  of 1,200                                                                   
beds was derived.  Mayor Butler explained that  the bed count                                                                   
was  partially  the economy  of  scale;  to make  the  dollar                                                                   
amount  that the  state put  on  it work.  The Department  of                                                                   
Corrections needs  1,200 beds to cover the  prisoners in out-                                                                   
of-state facilities  and the additional beds  needed in other                                                                   
facilities.                                                                                                                     
                                                                                                                                
Co-Chair  Mulder pointed  out  that the  Governor's  proposal                                                                   
calls for  1,260 beds. He  observed that the  Governor's plan                                                                   
states  that it  hopes to  bring the  Arizona prisoners  home                                                                   
through the development of those  beds. He noted that prisons                                                                   
are a  little like roads:  "you don't necessarily  build them                                                                   
for today or even  tomorrow, but [for] five -  ten years down                                                                   
the line."                                                                                                                      
                                                                                                                                
Representative  John   Davies  observed  that   the  city  of                                                                   
Whittier entered  into a contract  and questioned  under what                                                                   
terms they could "walked away from" the contract.                                                                               
                                                                                                                                
Mayor  Butler assured  Representative  Davies  that the  city                                                                   
included escape clauses. [The  city could break the contract]                                                                   
if  the  bill  does  not go  through  or  the  Department  of                                                                   
Corrections does not sign an agreement, without liability.                                                                      
                                                                                                                                
Co-Chair  Mulder  pointed  out  the  need  for  broad  public                                                                   
support. Mayor  Butler noted that  the city of  Whittier held                                                                   
public  hearings.  The city  also  circulated  a petition  in                                                                   
support  of the  prison. The  opposition to  the proposal  is                                                                   
from outside sources.  He maintained that no  one in Whittier                                                                   
is  against the  project.  The only  opposition  is from  the                                                                   
Public Safety  Employees Association  (PSEA) union.  The PSEA                                                                   
has  sent  flyers  against  the prison  to  the  citizens  of                                                                   
Whittier. He maintained that the  flyers have helped the city                                                                   
of Whittier's  battle  because the citizens  of Whittier  are                                                                   
not union employees. They are  people that are out of jobs or                                                                   
do not have the  benefits of a year around job.  The city has                                                                   
not responded to the union's flyers.                                                                                            
                                                                                                                                
Representative  John  Davies  stressed  concern  that  a  new                                                                   
prison  does not  prevent  needed beds  from  being built  in                                                                   
Fairbanks.                                                                                                                      
                                                                                                                                
In response to  a question by Vice-Chair Bunde,  Mayor Butler                                                                   
observed that the city has not  had a project the size of the                                                                   
prison,  with the  exception of  the road.  He observed  that                                                                   
persons that  opposed the road  construction now  support the                                                                   
prison proposal.                                                                                                                
                                                                                                                                
Mayor  Butler  reiterated  that  there  is  support  for  the                                                                   
project  in the community.  He acknowledged  that there  have                                                                   
been  concerns by  citizens, who  wanted to  make sure  their                                                                   
concerns were  addressed in the contract and  the procurement                                                                   
process. He estimated  that 85 - 90 percent  of the residents                                                                   
support the  prison. He  stressed that the  town is  ready to                                                                   
grow  and wants  the  economic  prosperity that  the  project                                                                   
would  bring. He  noted that  110  people voted  in the  last                                                                   
election.  He  received 85  signatures  on the  petition  [in                                                                   
support of the prison].                                                                                                         
                                                                                                                                
Representative  Lancaster  questioned  if  there would  be  a                                                                   
negative  affect on the  tourism industry.  Mayor Butler  did                                                                   
not anticipate any negative affects  on the tourism industry.                                                                   
                                                                                                                                
Representative  Hudson questioned if  a dollar return  to the                                                                   
city of Whittier  had been estimated. Mayor  Butler explained                                                                   
that  the  city would  receive  approximately  $200  thousand                                                                   
dollars  from the prison  company select,  in recognition  of                                                                   
the impact  to the  town. The city  can include the  prisoner                                                                   
count  in  their municipal  assistance  and  revenue  sharing                                                                   
calculations.  The city  of Whittier's  municipal  assistance                                                                   
and  revenue sharing  would be  increased  from $26  thousand                                                                   
dollars to $85 thousand dollars.  The city estimates it would                                                                   
receive  a total of  $300 -  $350 thousand  dollars with  the                                                                   
additional growth in sales taxes, property taxes, etc.                                                                          
                                                                                                                                
Mayor  Butler   responded  to  questions   by  Representative                                                                   
Hudson.  He  noted  that  the tunnel  cost  is  dependent  on                                                                   
volume. The  city has 17 hours  a day access  through summer;                                                                   
winter  is less  than  10 hours  a day.  If  the prison  were                                                                   
opened  the tunnel  would be  opened  17 hours  a day,  year-                                                                   
round. Increased  volume could reduce  the cost of  using the                                                                   
tunnel to  $5 dollars;  the cost is  dependent on  volume. He                                                                   
acknowledged that  Whittier does  not have the  capability to                                                                   
handle all  the housing  needed to  facilitate the  prison in                                                                   
Whittier.  The  city  is  20 minutes  from  Girdwood  and  45                                                                   
minutes  from  Anchorage.  He  added that  the  prison  would                                                                   
stimulate  housing and  allow the community  to develop.  The                                                                   
railroad owns the  vast majority of the land,  which inhibits                                                                   
development. They  would also be able to count  prisoners for                                                                   
federal census.                                                                                                                 
                                                                                                                                
Representative  Harris  asked  if the  Alaska  Federation  of                                                                   
Natives had been  involved. Mayor Butler noted  that they had                                                                   
not addressed the  Council, but are working  with Cornell. to                                                                   
offer  programs   that  benefit  the  Native   community  for                                                                   
rehabilitation. Close to 40 percent  of the prisoners out-of-                                                                   
state is Native.                                                                                                                
                                                                                                                                
In  response to  a  question  by Representative  Harris,  Mr.                                                                   
Butler   observed   that   Cornell   would   enter   into   a                                                                   
project/labor  agreement with the  unions. The project  would                                                                   
be built with union labor.                                                                                                      
                                                                                                                                
FRANK   PREWITT,   CONSULTANT,  CORNELL   CORRECTIONS,   INC.                                                                   
provided  information  to  the Committee.  He  observed  that                                                                   
under current  state law the Department of  Corrections could                                                                   
buy  services directly  from a  private  company through  the                                                                   
competitive bid  process. The  Department of Corrections  can                                                                   
also buy beds  through another government entity,  which have                                                                   
purchased  their  beds through  their  own bid  process.  The                                                                   
disadvantage  of the  first option  is the  state's power  of                                                                   
eminent  domain.  The state  can  build  a prison  where  and                                                                   
whenever it  wants and  solicit a  private company  to manage                                                                   
it. The  state can  also solicit  private companies  to build                                                                   
and operate prisons that they  own; thereby avoiding problems                                                                   
of deferred  maintenance and  other problems associated  with                                                                   
ownership. The problem is that  when a state builds a prison,                                                                   
or buys the service from a private  company, the local public                                                                   
process  is generally  circumvented.  The Administration  has                                                                   
argued that the disadvantage of  the Whittier process is that                                                                   
the state does not control where  the prison is built and who                                                                   
builds and operates the prison.                                                                                                 
                                                                                                                                
Mr. Prewitt  pointed out that  the Department  of Corrections                                                                   
does not have to buy the service  unless it meets the state's                                                                   
standards,  conditions and  requirements. State  requirements                                                                   
are met  through the  intergovernmental agreement  that would                                                                   
be  negotiated   between  the   city  of  Whittier   and  the                                                                   
Department of  Corrections. If  the standards and  conditions                                                                   
can't  be met  then  the prison  simply  doesn't happen.  The                                                                   
state's needs are apparent. Standards are not unique.                                                                           
                                                                                                                                
Mr. Prewitt  maintained  that the advantage  of the  proposal                                                                   
[contained  in HB  498] is  that  the local  community has  a                                                                   
choice and has  chosen to participate. He emphasized  that it                                                                   
is unusual for the state to establish community support.                                                                        
                                                                                                                                
Mr. Prewitt observed that there  are five prison bills before                                                                   
the legislature that represent  two different approaches. Two                                                                   
of the bills seek to establish  the Administration's plan. He                                                                   
asserted  that  the Administration's  plan  does  not  return                                                                   
prisoners from Arizona. He maintained  that the Whittier plan                                                                   
would  return  prisoners, provide  in-state  flexibility  and                                                                   
help  control   the  Department  of  Corrections'   operating                                                                   
budget.                                                                                                                         
                                                                                                                                
Mr.  Prewitt observed  that the  Administration would  spread                                                                   
1,269 beds throughout  the state for a total  capital cost of                                                                   
$239 million  dollars. He  noted that a  couple of  years ago                                                                   
the state's  per capita  daily average  was $111 dollars.  At                                                                   
$111  dollars  a  day  per  inmate  the  state's  plan  would                                                                   
increase the department's budget  by $50 million dollars, not                                                                   
including  debt service.  He estimated  the combined  capital                                                                   
and operating  per diem rate at  over $150 dollars a  day per                                                                   
bed.  The Whittier  plan adds  the  same amount  of beds  for                                                                   
$110 million  dollars with a  combined capital  and operating                                                                   
cost of $89 -  $91 dollars per day, which is  the legislative                                                                   
ceiling. This  does not  include major  medical, some  of the                                                                   
Department of Corrections' administrative  costs, or prisoner                                                                   
transportation, but none of these  costs are likely to exceed                                                                   
$15 dollars a  day. He concluded that the difference  is $150                                                                   
dollars a day  per bed [under the Administration's  plan] and                                                                   
$105 dollars  a day per bed  [Whittier plan]. Both  plans are                                                                   
designed to  meet state and  national standards.  He observed                                                                   
that  the Administration's  plan  provides  jails and  prison                                                                   
services under one roof and intentionally  avoids the economy                                                                   
of scale by duplicating programs  and services throughout the                                                                   
state. He  stressed that  jails are  meant to hold  prisoners                                                                   
from the  point of  arrest through  sentencing or appeal  and                                                                   
sometimes for  short-term misdemeanor  offenders (as  long as                                                                   
12 months,  usually less). Jails  are meant to have  safe and                                                                   
secure confinement:  no thrills,  no programs. He  maintained                                                                   
that   long-term   misdemeanants   and   felons   should   be                                                                   
transferred.   Most   state   and   federal   offenders   are                                                                   
transferred to central prisons  that are designed to meet the                                                                   
security and program  needs of those defenders. It  is at the                                                                   
end of the sentence, a year or  so before release, that long-                                                                   
term prisoners  transfer back  to their communities,  to pre-                                                                   
release facilities.  There are community  residential centers                                                                   
in  Bethel,  Nome, and  Anchorage.  Pre-release  centers  are                                                                   
designed   to  help   felons   to  reintegrate   into   their                                                                   
communities through  a supervised  program. He asserted  that                                                                   
the Administration's plan swims  against affordable practice.                                                                   
Affective  prison  programs have  to  have access  to  mental                                                                   
health services,  adult education,  vocational training,  and                                                                   
substance  abuse services.  All of the  resources go  through                                                                   
private sector  contracts and employees of the  Department of                                                                   
Corrections. Resources are in  limited supply in many Alaskan                                                                   
communities. Duplicating  programs for offenders  in regional                                                                   
facilities   throughout  the   state  is  inefficient,   cost                                                                   
prohibitive  and  ineffective  because  it  is  difficult  to                                                                   
maintain  quality  control  and  program  continuity  without                                                                   
resources.  He  maintained  that  it is  more  efficient  and                                                                   
effective to house long-term prisoners  in larger centralized                                                                   
prisons  near communities  that  have abundant  resources.  A                                                                   
12,000  bed is  about one-half  the  size of  these types  of                                                                   
facilities around  the nation.  It is twice  the size  of the                                                                   
proposed expansion  of the Spring Creek  Correctional Center.                                                                   
He maintained  that Whittier  would be  a modest size  prison                                                                   
that would capture  the economy of scales that  are necessary                                                                   
to sustain cost effective programs.                                                                                             
                                                                                                                                
Mr. Prewitt  maintained that  there has  been an impasse  for                                                                   
the last seven  years. He asserted that the  contract to send                                                                   
prisoners  out-of-state was  never  meant to  be a  long-term                                                                   
plan  for the  state  of  Alaska. It  was  intended  to be  a                                                                   
stopgap measure.                                                                                                                
                                                                                                                                
Representative  John Davies asked  why it is not  appropriate                                                                   
to send prisoners out-side the  state if it is appropriate to                                                                   
send them to a centralized long-term facility.                                                                                  
                                                                                                                                
Mr.  Prewitt acknowledged  that  there are  some benefits  to                                                                   
retaining prisoners  in-the-state in order to  have access to                                                                   
families and friends.  He noted that it is  cheaper to travel                                                                   
from  Bethel to  Anchorage than  from Bethel  to Arizona.  He                                                                   
noted that  if cost were the  only factor that it  would make                                                                   
sense to  keep prisoners outside.  Some of the  best programs                                                                   
are delivered in Arizona. There  is also a cultural issue for                                                                   
the Native  offenders, which account  for 40 percent  Alaskan                                                                   
offenders in Arizona.                                                                                                           
                                                                                                                                
Mr. Prewitt  summarized that  the issue  is whether  there is                                                                   
support  for a  regional expansion  plan, where  correctional                                                                   
services  are duplicated  throughout the  state; or  to limit                                                                   
regional  services  to  jail  and  pre-release  services  and                                                                   
develop  larger   facilities  closer  to  the   resources  or                                                                   
programs.  He asserted that  the impasse  has created  one of                                                                   
the worse  situations in corrections  that he has seen.   Mr.                                                                   
Prewitt referred  to the number  of days that  facilities are                                                                   
over capacity.  The system is  operating at 108  percent over                                                                   
its maximum  capacity. He claimed,  "bad things  happen" with                                                                   
overcrowding.                                                                                                                   
                                                                                                                                
Mr. Prewitt stated that the question  is not whether beds are                                                                   
needed in the state. The question  is where and what types of                                                                   
beds are  needed. The  state has  an overabundance  of medium                                                                   
custody inmates.  The state wants to add 270  medium security                                                                   
beds in Palmer.                                                                                                                 
                                                                                                                                
TAPE HFC 02 - 68, Side A                                                                                                      
                                                                                                                                
Mr. Prewitt  maintained that the  department needs  all 1,200                                                                   
beds proposed by the Whittier  plan, but emphasized that more                                                                   
beds are needed  throughout the state. Bethel  is filled with                                                                   
pretrial offenders.  Youthful offenders need to  be separated                                                                   
from  adult offenders.  There  is a  large  waiting list  for                                                                   
youthful offender  beds. The Whittier prison  does not assume                                                                   
to  meet  all  of  the state's  needs.  It  is  difficult  to                                                                   
determine what the regional demand is.                                                                                          
                                                                                                                                
Mr.  Prewitt   referred  to  sentenced  versus   un-sentenced                                                                   
offenders.  Anvil Mountain,  Nome is  a 100-bed facility.  He                                                                   
observed  that on  a  particular day  Anvil  Mountain had  42                                                                   
sentenced  offenders   and  61  un-sentenced   offenders.  He                                                                   
maintained that  any long-term sentenced felons  should be in                                                                   
a large facility with adequate programs.                                                                                        
                                                                                                                                
Mr.  Prewitt  acknowledged  the   difficulty  of  determining                                                                   
statewide  bed demand,  but stressed the  difference  in cost                                                                   
between a  medium security bed  (Whittier Plan) and a  bed in                                                                   
South-central operated  by the state of Alaska.  The combined                                                                   
average daily  operating costs for the  Wildwood Correctional                                                                   
Center and  the Kenai  Correctional Center  is $89  dollars a                                                                   
day,  which  includes  inmate  programs,  administrative  and                                                                   
support,  and  statewide  indirect  less  major  medical.  He                                                                   
compared  the   Department  and  Whittier  Plan   costs.  The                                                                   
Department of  Corrections would  supply 473 medium  security                                                                   
beds  for  a  capital cost  of  $94.5  million  dollars.  The                                                                   
Whittier Plan  offers 12,000 beds  for $110 million  dollars.                                                                   
If you amortize  the state's cost over the  25 years proposed                                                                   
by  the  Whittier  Plan  there  would  be  a  combined  daily                                                                   
operating/capital  cost of $125  dollars a  day per  bed. The                                                                   
Whittier  Plan's combined  operating/capital  costs would  be                                                                   
$89 - $91 dollars a day. The Whittier  Plan may not solve all                                                                   
the Department  of Corrections'  needs,  but it would  return                                                                   
$118 million  dollars to the  to Alaska economy;  create over                                                                   
1,000 jobs; and require the purchase  of materials associated                                                                   
with operations  for a  25 year period.  He noted  that 1,200                                                                   
prisoners can  "eat a lot of  potatoes" and consume  a lot of                                                                   
contract  services.  The  plan  would  mitigate  the  state's                                                                   
exposure to prison overcrowding.  The state was relieved from                                                                   
court  oversight based  on the  state's  commitment that  the                                                                   
overcrowding  conditions  were  resolved. The  Whittier  Plan                                                                   
would  return  prisoners  to  Alaska and  add  value  to  the                                                                   
tunnel.                                                                                                                         
                                                                                                                                
Mr. Prewitt spoke to overrepresentation  of Natives in Alaska                                                                   
state  correctional  systems.   Seven  percent  of  the  male                                                                   
population  in  Alaska  is  Alaskan   Native  men,  yet  they                                                                   
represent 37%  of the prison population.   There is  a crisis                                                                   
in that population.  The Department has not  offered services                                                                   
specifically  for  Alaska  Native   offenders.  The  proposed                                                                   
facility  hopes  to  break the  cycle  of  recidivism,  which                                                                   
predominately  concerns  alcohol,   by  allowing  the  Native                                                                   
community  access   to  the   facility  and  development   of                                                                   
programs. There  is a teaming  agreement between  Cornell and                                                                   
the Alaska Native Brotherhood.  He maintained that Cornell is                                                                   
a treatment-oriented company and  stressed that there will be                                                                   
a commitment  to the Native  community, which allows  an open                                                                   
door  policy  to  the  degree   that  it  doesn't  compromise                                                                   
security.  The  difference  between   a  private  and  public                                                                   
facility is flexibility.  There are only a certain  amount of                                                                   
programs that can exist under  the $89 dollar a day rate, but                                                                   
they hope to  supplement Native programs through  the help of                                                                   
the Native community and organizations.                                                                                         
                                                                                                                                
HB  498  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 12:15 PM                                                                                           

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