Legislature(2019 - 2020)ADAMS 519
03/06/2020 09:00 AM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB187 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 187 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
March 6, 2020
9:05 a.m.
9:05:21 AM
CALL TO ORDER
Co-Chair Johnston called the House Finance Committee
meeting to order at 9:05 a.m.
MEMBERS PRESENT
Representative Jennifer Johnston, Co-Chair
Representative Dan Ortiz, Vice-Chair
Representative Andy Josephson
Representative Bart LeBon
Representative Kelly Merrick (via teleconference)
Representative Colleen Sullivan-Leonard
Representative Cathy Tilton
Representative Adam Wool
MEMBERS ABSENT
Representative Neal Foster, Co-Chair
Representative Ben Carpenter
Representative Gary Knopp
ALSO PRESENT
Representative Zack Fields, Bill Sponsor; Tristan Walsh,
Staff, Representative Zack Fields; April Wilkerson,
Administrative Services Director, Department of
Corrections, Office of Management and Budget, Office of the
Governor; Jacob Wilson, Business Agent, Alaska Correctional
Officers Association; Randy McLellan, President, Alaska
Correctional Officers Association; Jennifer Winkelman,
Acting Deputy Commissioner, Department of Corrections.
PRESENT VIA TELECONFERENCE
Scott Nichols, Facilities Manager, Palmer Correctional
Center, Department of Corrections
SUMMARY
HB 187 RESTRICT OUT-OF-STATE CORRECTIONAL FACIL.
HB 187 was HEARD and HELD in committee for
further consideration.
Co-Chair Johnston reviewed the agenda for the day.
HOUSE BILL NO. 187
"An Act relating to correctional facilities; relating
to the authority of the commissioner of corrections to
designate the correctional facility to which a
prisoner is to be committed; and providing for an
effective date."
9:06:06 AM
Co-Chair Johnston invited the bill sponsor and staff to
address the committee.
REPRESENTATIVE ZACK FIELDS, BILL SPONSOR, thanked the
cosponsors of the bill. He explained that the bill
prohibited sending prisoners out of state, with narrow
exceptions i.e., medical treatment, extradition, placement
closer to family, or other sensitive circumstances. He
placed the bill in the historical context of the work the
legislature had accomplished on criminal justice reform. He
introduced a PowerPoint presentation titled "HB 187 An Act
Relating to Correctional Facilities and Department of
Corrections," dated 3/6/20 (copy on file). He turned to
slide 2 titled HB 187:
Would allow for the transfer of prisoners out of
state only for limited circumstances, such as
medical treatment, extradition, or placement closer
to family.
Would prevent prison privatization in State of
Alaska.
Both measures in HB 187 seek to continue work begun
by Legislature in HB 49 in 2019, and in SB 64 in
2004.
Rehabilitation and reentry will be severely impaired
if prisoners are sent out of state and/or to private
prisons.
Representative Fields moved to slide 3 titled Changes in
House State Affairs:
• One amendment, E.6, offered:
• Language added at suggestion of the Department
of Corrections to protect vulnerable
populations, such as former police officers.
• Clarifying language removed possibilities
prisoners could be sent to private facilities
out of state, conforming with departmental
practice.
• At the request of Rep Sharon Jackson, added
language for inmates unlikely to return to
Alaska.
9:08:38 AM
Representative Fields moved to slide 4 titled Private
Prisons in Alaska:
In 2004, the Alaska Legislature passed SB 65, which
effectively ended the practice of sending prisoners
out of state to private prisons and created the
current system of correctional facilities. It would
take over 20 years to bring all out of state
prisoners' home and/or place them in Alaskan
facilities.
Governor Frank Murkowski stated: "Over a decade of
gridlock has led to the failure to improve of what was
supposed to be a temporary solution of sending
prisoners to Arizona?finally, this bill will generate
good paying, long term jobs for Alaskans and end the
export of over $14 million per year to Arizona."
Representative Fields elaborated that the decision to stop
sending prisoner out of state was based on the failure of
decreasing recidivism and achieving cost savings through
private prisons. He referenced a report by the Alaska
Correctional Officers Association (ACOA) [Private Prisons
Do Not Save Money (copy on file)] that included prior
testimony that only 4 out of roughly 900 prisoners housed
out of state had visits from family. He voiced that family
visits were critical to reentry and recidivism reduction.
He noted the public groundswell of opposition to sending
prisoners out of state.
9:10:01 AM
Representative Fields moved to slide 5 that continued the
private prison discussion:
• As Governor Murkowski noted, Alaskan public
dollars should stay in Alaska.
• Despite SB 65, private prisons lobbied for
earmarks and public dollars through 2007 and
were implicated in the VECO scandal.
• By 2007, four cities have voted against
establishing such prisons within their limits:
Anchorage (2019 and 1997) Delta Junction
(1999), Kenai (2001), and Whittier (2005).
• Legislature appropriated $16.7m to reopen
Palmer Correctional Center (PCC) in 12 months.
Representative Fields reported that recently Governor
Dunleavy announced that he was cancelling plans to send
prisoners out of state. He added that HB 187 was not likely
to cost any money because it made the policy of not sending
Alaskan prisoners out of state permanent.
Representative Fields turned to slide 5 titled Public
Safety Risks: Crime University:
In 12/11/19 HSTA Hearing, ACOA President Randy
McLellan noted that Alaskans placed in private
prisons in Arizona and Colorado were forced to join
gangs or seek protection from gangs in private
prisons.
ACOA noted that at least three gangs were brought
back from private prisons:
The Low Lifes, a NY based prison gang.
The 1488s, a white supremacist prison gang.
The Native Brotherhood, formed to protect
Alaska Native prisoners sent to prisons in the
Lower 48.
First-hand accounts from reentry experts and former
prisoners show that Alaskan prisoners faced
discrimination and threats because of racial
injustice and gangs.
Representative Fields expounded that private prisons were
essentially a crime university. He discussed testimony in
the House State Affairs Committee regarding the ubiquity of
gangs in private prisons. He relayed reports of Alaska
Native prisoners forming gangs to protect themselves from
other prison gangs. He indicated that the testimony
confirmed that private prisons were understaffed, and staff
lacked adequate training, which fostered the expansion of
gangs. He had read about one private prison in Idaho
referred to as "gladiator school" because it was so
violent.
9:12:49 AM
Representative Fields turned to slide 6 titled "Private
Prisons: Reentry and Rehabilitation Suffer:"
In the 12/11/19 HSTA hearing:
Corrections Officer Josh Wilson of Alaska
Correctional Officers Assoc. noted that
elimination of rehabilitation and reentry
opportunities will increase costs: 2017 Alaska
Justice Information Center Survey of Reentry
Efforts, every avoided conviction saves between
$100-$150k dollars per conviction.
Chet Adkins, Reentry Coordinator and South-
Central Foundation Men's Wellness Expert
described his experience as an Alaska Native
prisoner: he described private prisons'
elimination of cultural programs such as
potlucks, reentry programs such as craft shops,
and removal of counselors.
The State of Alaska will still have to incur
transportation costs to these remote prisons and
will still be responsible for certain forms of
medical care.
Chet Adkins also described in his letters how
he witnessed delayed or denied prisoner
healthcare, resulting in death, or debilitating
lifelong conditions for multiple prisoners.
Representative Fields related that prior HB 187 testimony
from former inmates, correctional officers, and family
members all stated that sending prisoners outside increased
public safety risks and did not save money. He noted that
95 percent of the private prison population will return to
the state and stressed the importance of keeping formerly
incarcerated prisoners from reoffending. He reported that
the state expanded good reentry programs in Alaska through
the Department of Corrections (DOC), local community, and
faith based efforts. The efforts simply did not work when
prisoners were sent out of state away from their families.
Representative Fields turned to slide 7 titled "US
Department of Justice."
In 2016, the U.S. Dept of Justice decided to end use
of private prisons following an administrative survey.
Concerns centered around rampant safety issues: of
the private prisons contracted with the Bureau of
Prisons (BOP), the survey found higher incidents in
all categories measured: contraband, lockdowns, inmate
discipline, sexual misconduct and more.
BOP report found they do not provide the same level
of services, safety, or rehabilitative programs.
Representative Fields turned to slide 8 titled Other
States:
June 11th, 2019: NV Governor Steve Sisolak signs AB
183, prohibiting state from entering or renewing
contract with private, for-profit prison companies.
22 other states do not use private prisons or
prohibit their use.
Since 2000, New York, Illinois, Iowa, Arkansas,
Kentucky, Maine, Michigan, Nevada, North Dakota, Utah
and Wisconsin have all prohibited their use.
Representative Fields turned to slide 9 titled Other
States: Florida:
July 2019: Florida state accountability office ordered
to perform a study on Correctional Health Care in
Florida Dept of Corrections (FDC):
This study, by an independent auditor, recommended
the state ends its private healthcare contract.
The estimated savings of doing so could reach as
High as $40-46 million a year.
It noted that while cost savings appeared in the
short term, consistent service that met contractual
obligations was hard to meet-leading to contractor
turnover, and terminated contracts, increased inmate
health and safety risks and increased litigation.
The same study recognizes Alaska's own system (state
operated) as more inherently stable for attracting
and retaining staff.
Representative Fields concluded his presentation.
Co-Chair Johnston asked to hear the sectional analysis.
TRISTAN WALSH, STAFF, REPRESENTATIVE ZACK FIELDS, reviewed
the sectional analysis (copy on file):
Section 1. This section amends AS 33.30.031(a) to
prevent the Department of Corrections from sending a
prisoner out of state unless doing so would bring the
prisoner closer to family, is necessary to medical
care, is a resident of another state, or the prisoner
has received an aggregate sentence of 99 years or
more-so long as they are not a parent with a child
under 18 or their parental rights to those children
have been terminated.
Section 2. This section amends AS 33.30.031(c) to
prevent prison privatization of correctional
facilities.
Section 3. This section amends AS 33.30.061(a) to make
conforming changes with Sections 1 and 2 of this bill.
Section 4. This section amends AS 33.30.61 (b) to make
conforming changes with Sections 1 and 2 of this bill.
Section 5. This section defines applicability to
statutes referenced in Sections 1-4 to contracts
entered into on or after the effective date of this
act.
Section 6. This section declares the bill takes effect
immediately under AS 01.10.070 (c)
9:17:45 AM
Co-Chair Johnston asked to hear a review of the fiscal note
from the Department of Corrections.
APRIL WILKERSON, ADMINISTRATIVE SERVICES DIRECTOR,
DEPARTMENT OF CORRECTIONS, OFFICE OF MANAGEMENT AND BUDGET,
OFFICE OF THE GOVERNOR, relayed that the department had
submitted one indeterminate fiscal note appropriated to
population management. She indicated that the department
was unable to accurately determine the fiscal impact of the
bill. The offender population projections show a continued
increase to the prison population in the out years. The
full financial impacts associated with increased population
for things like facility renovations and repairs,
potentially building another new prison, and other
associated costs cannot be determined.
9:19:11 AM
Representative Josephson asked what DOC's overall capacity
was including the Palmer Correctional Center. Ms. Wilkerson
answered that Palmer would bring capacity up to over 5,200
beds. The current forecasts predict exceeding the capacity
in 2024 or 2025. She added that the forecast did not
account for rehabilitation efforts for things like
community placement.
Co-Chair Johnston invited members of the Alaska
Correctional Officers Association to address the committee.
JACOB WILSON, BUSINESS AGENT, ALASKA CORRECTIONAL OFFICERS
ASSOCIATION, voiced that the ACOA had approximately 860
members. He cited the ACOAs report and read passages from
the publications Executive Summary as follows:
Alaskans decided private prisons were not in their
best interest and voted multiple times against private
prisons in their communities. In 2006, the Alaska
State Legislature also concluded out-of-state private
prisons do more harm than good and passed legislation
bringing incarcerated Alaskans' home. Unfortunately,
"Those who cannot remember the past are condemned to
repeat it." Alaska should heed the lessons it has
already learned: private prisons are interested only
in increasing profits for their shareholders, do not
save Alaska money, and decrease public safety.
Closing state correctional facilities to send
Alaskans, and Alaska jobs, to out-of-state private,
for-profit prisons fails to consider the hidden costs
associated with private prisons. Private prisons cut
corners and shift costs to the State to increase their
profits. Hidden costs and resulting effects include:
? Increased Recidivism
? Lengthening Incarceration
? Prisoner Security Levels
? Compromised Security
? Medical Expenses
? Transportation
? Prisoner Labor Costs
? Administrative Costs
? Litigation Costs
? Bed Guarantees
? Economic Impact on Alaska Communities
The primary difference between Alaska correctional
facilities and private prisons is that a private
prison's primary purpose is to create a profit for its
shareholders. Because of this mandate, private prisons
cut corners and compromise safety to increase their
bottom line. Compromising safety costs, the State by
increased crime and harm to every Alaskan who is
victimized by a hardened, private prison criminal who
commits another crime upon returning to Alaska.
Conversely, the Alaska correctional system "provides
secure confinement, reformative programs, and a
process of supervised community reintegration to
enhance the safety of our communities."
In 2016, the Federal Department of Justice completed a
review into the use of private prisons by the Federal
Bureau of Prisons. In conjunction, then Deputy
Attorney General stated:
[Private Prisons] simply do not provide the same level
of correctional services, programs, and resources;
they do not save substantially on costs; and as noted
in a recent report by the Department's Office of
Inspector General, they do not maintain the same level
of safety and security.
Mr. Wilson relayed that in 2018, Governor Dunleavy made the
public commitment to all Alaskans by stating that the
primary function of any governor and state government, to
be frank, is to keep Alaskans safe. He wholeheartedly
agreed with the statement. He concluded that because of
the governors statement he did not support private
prisons.
9:23:44 AM
Representative Sullivan-Leonard predicted that the state
would eventually have to expand the Goose Creek
Correctional Facility. She asked how ACOA was preparing for
the increased correctional officer needs for the Palmer and
Goose Creek facilities. Mr. Wilson answered that ACOA had
been pushing DOC to undertake a robust recruitment effort
to fulfill the commitments. The association maintained a
recruitment website in addition to DOCs website. The
association also asked correctional officers to recruit
individuals. He noted that the house included funding for a
recruitment unit in the current budget. Representative
Sullivan-Leonard asked what numbers they were looking for
with additional recruitment. Mr. Wilson replied that
currently there were 90 vacant Correctional Officer PCNs
not including the Palmer Correctional Center. The Palmer
facility required 75 additional positions for a total of
165. He added that the department lost around 120 officers
per year. Therefore, the total number of positions was
approximately 285 correctional officers.
Vice-Chair Ortiz asked whether there was currently a
significant gang presence in the state's public prisons.
RANDY MCLELLAN, PRESIDENT, ALASKA CORRECTIONAL OFFICERS
ASSOCIATION, responded in the affirmative. He elaborated
that when he began his career in 1997 there had been very
little gang influence prior to sending prisoners to out of
state prisons. When prisoners were sent out of state it
caused the creation of three gangs in the prisons: The
Lowlifes, 1488, and the Alaska Native Brotherhood that,
consequently, currently operate in Alaskas communities. He
purported that the private prison industry only cared about
profit and merely warehoused the inmates, in essence
making them better criminals. The prisoners had been left
with little choice but to join a gang or be killed.
Typically, the Alaska Native inmate population were
compliant and easily managed. However, Alaskan Natives in
the outside prison system had formed their own gangs
because they had been horribly brutalized in prison. He
elucidated that much of the violence in the state was
linked to the three gangs formed in private prisons
currently operating at-large in Alaskas communities. He
referenced a slide in the presentation with an image of a
gang member with a 1488 tattoo [slide 5]. He reiterated
that private prisons did not care about outcomes and were
only interested in its bottom line. He believed that
sending prisoners to private prisons did no justice to
Alaska and wasted the states money. He believed that
lawmakers owed it to the citizens of Alaska to eliminate
the use of private prisons for good. He stressed the
importance of not repeating the mistakes of the past.
Representative Josephson supported the legislation. He
pondered how to deal with the overcrowding concerns raised
by the department. He listed various preventative options
and wondered whether Mr. McLellan had any insights. Mr.
McLellan answered that opening the Palmer Correctional
Center would provide 500 beds and would drop capacity from
the current rate of 97 percent to around 84 percent and
would alleviate much of the current overcrowding. He
suggested focusing on effective programs that actually
work. He offered that some prisoners in the state had
access to many programs. He relayed that he worked at the
Highland Mountain Correctional Center for women and
reported that many effective programs were offered. He
wanted the programs expanded to all facilities in the
state. He reported that there had been some inmate
population increase since the crime bill had passed, but it
had not been as significant as anticipated. He expected the
population to increase in the coming years.
9:32:51 AM
Mr. Wilson added that there were some very effective
programs in the state. He referenced that UAA had published
a paper on the effectiveness of programs in recent years.
He discussed the repercussions from the severe staff
shortage. He explained that for the facility to focus on
programs, the inmates needed to feel safe and secure in the
institution. The shortages meant compromises in safety,
rolling lockdowns, and operating below minimums at times.
He emphasized that the programming was less effective when
there were security issues in prisons.
Representative Tilton addressed prison programs. She asked
if the department was offering evidence based programs
considered effective. Mr. McLellan offered to speak to the
number of programs he viewed as effective. He indicated
that the drug programs were essential. There was a
significant problem with drugs in the system. He spoke
about the important vocational programming that helped
prepare prisoners for successful reentry. He thought that
more vocational programs were essential. Some programs
involved job placement, which he believed was critical. The
more prepared the prisoners could be for release the better
for the state. He noted the difficulty to obtain employment
without a high school diploma or a GED and favored
educational programs in prison. He voiced that the state
could expect more positive results the more the institution
and community could lay the groundwork for reentry. He
stressed the importance of preparedness programs.
9:36:34 AM
Representative Tilton shared that she had the opportunity
to go to the Lemon Creek Correctional Center the previous
evening and spoke about the value of the experience. She
detailed that many of the incarcerated individuals spoke of
their desire for self-improvement. She asked for the
department to comment.
9:37:38 AM
Co-Chair Johnston noted that Representative Wool had joined
the meeting.
Representative Tilton noted that there were many programs
that existed in prisons. She inquired whether the
department measured outcomes to seek out and implement the
most effective programs.
JENNIFER WINKELMAN, ACTING DEPUTY COMMISSIONER, DEPARTMENT
OF CORRECTIONS, answered in the affirmative. She explained
that Laura Brooks, Division Manager, Health and
Rehabilitative Services (HARS), DOC was arduously working
to ensure the facilities had appropriate evidence based
programs. In addition, the department was developing a core
group of programming that would be available in all
facilities that would provide continuity in cases where
inmates were transferred. She ensured that HARS was working
on a robust system of programs.
9:39:31 AM
Vice-Chair Ortiz asked whether there was a need to provide
access to programs in all facilities. He asked if there was
a difference in programs in rural versus urban prisons. Ms.
Winkelman answered in the affirmative. She elaborated that
the departments goal was to establish a universal core
group of programs and then offer specific programs to meet
the needs of the facilities locations.
Representative LeBon discussed that HB 49 [HB 49 - Crimes;
Sentencing; Drugs; Theft; Reports, Chapter 4 FSSLA 19,
07/08/2019] had passed the previous year and he considered
it the tough on crime session. He spoke to the fallout
and reported that as the chair of the DOC budget
subcommittee he added funding for more state troopers and
VPSOs. He related that the subcommittee had heard from
correctional officers about the need to fill vacancies.
Last fall, many legislators had signed a letter encouraging
the governor not to send prisoners out of state of which he
was a signatory. He asked if the bill may restrict someday
the ability to send prisoners out of state, not because the
state wanted but because it needed to. He read from page 2
of the fiscal note as follows:
Should this legislation pass, the full financial
impacts that could result from facility overcrowding,
increased staff overtime, potential litigation due to
overcrowding, facility renovations and repairs, and
other costs associated with increased bed capacity
Representative LeBon wondered if the flexibility to house
prisoners out of state may be needed in the future.
9:42:49 AM
Ms. Winkelman responded that the department had remained
neutral on the bill. The department had greatly appreciated
working with Representative Fields on the provisions that
still allowed out of state placement for various reasons.
She indicated that she also recognized that reentry and
rehabilitation was much stronger when prisoners remained in
state. She referenced the indeterminate fiscal note and
thought the restriction meant the department may in the
future be faced with asking for additional funding to
expand or build new facilities. Representative LeBon was
not a fan of private prisons. He asked if the department
might need to adopt a private prison business model in
state. He felt that the state may be forced to consider a
private - public model due to overcrowding.
9:45:06 AM
Ms. Winkelman discussed using technology as a solution to
overcrowding. She indicated that technology such as
electronic monitoring had greatly improved. Regarding
utilizing a private model, she could see the department
figuring out where technology could be utilized for lower
risk prisoners using electronic monitoring (EM) or halfway
houses. Representative LeBon referenced halfway houses and
wondered who operated them. Ms. Winkelman replied that they
were operated by a private company. Representative LeBon
surmised that they had were a halfway step towards a
private model. He cautioned against closing the door on
sending prisoners out of state. He inquired whether there
was justification for sending some prisoners out of state.
He asked if capital crime prisoners were sentenced to life
in prison in Alaska or whether they ever had a chance for
parole. He wondered whether any Alaskan prisoners had a 50
year sentence. Ms. Winkelman answered that there were 750
inmates with a sentence of 20 years or more, 220 were
projected to be imprisoned beyond their life expectancy for
various crimes. She understood that the bill allowed for
someone serving 99 years to be sent out of state.
9:48:51 AM
Representative Fields added that it was an issue talked
about in the House State Affairs Committee. He recounted
that he had added the language per Representative Jackson
to send someone serving 99 years out of state. The bill
maintained the flexibility of using Community Residential
Centers (CRCs). He advocated maximizing the use of CRCs as
an important part of the broader solution to ensure they
did not run out of space. Representative LeBon asked if the
bill provided a provision to send outside a prisoner who
would likely spend their life in prison due to their
lifespan in order to make room for someone with a shorter
sentence. He asked if there was flexibility allowed in the
bill. Representative Fields answered there was a provision
in the bill that allowed it but did not mandate it.
Representative Sullivan-Leonard spoke to the transport of
prisoners out of state. She asked how the bill would affect
the Interstate Corrections Compact (ICC). She queried
whether the bill interfered with the ability to transfer
prisoners to a federal or public prison elsewhere.
Representative Fields answered that the issue had been
addressed in the House State Affairs Committee and with
Legislative Legal Services. He understood that the
legislation maintained the states ability to engage in the
ICC. Representative Sullivan-Leonard requested
clarification that the compact would apply to public and
federal facilities, but not private. Representative Fields
replied in the affirmative.
9:51:23 AM
Representative Tilton asked for the status of the
renovation on the Palmer facility. Ms. Winkelman deferred
to a colleague online.
Representative Tilton restated her question.
SCOTT NICHOLS, FACILITIES MANAGER, PALMER CORRECTIONAL
CENTER, DEPARTMENT OF CORRECTIONS (via teleconference),
replied that he was also the project manager for reopening
PCC. He reported that the Department of Transportation and
Public Facilities (DOT) was performing the design and
construction facilitation for the project. The design
contracts would be awarded soon. He was overseeing some
fire and safety repair contracts currently underway.
Representative Wool asked if the plan was to open the
Palmer facility in stages.
9:53:19 AM
Mr. Nichols answered that it had not yet been determined if
it would be possible. He elucidated that the design work
had not taken place and it was impossible to know without
it.
Ms. Winkelman interjected that if it were possible to open
the facility in phases DOC would do so.
Representative Wool recommended holding a future hearing
with DOT and DOC on the project. He did not think they were
redesigning the facility. He understood that only upgrades
were necessary. Mr. Nichols answered that the designs were
for construction repairs and reiterated that extensive
repairs were needed. He commended the facility maintenance
staff who attempted to band-aid the facilities, but more
extensive repairs were necessary. He added that the design
work was needed for the contractors to perform the repairs.
Ms. Winkelman interjected that the department had
identified 8 key positions that would be open to applicants
in the near-term. The positions would work with DOT through
completion of the work to reopen the prison.
Representative Wool discussed that many other states had
dealt with overcrowding issues in prisons. He noted the
states attempt at criminal justice reform that was
overturned and thus the reason for the overcrowding. He
supported the intent of the bill, which eliminated the
option to send prisoners out of state. He pointed out that
the First Step Act was a new federal law that included a
provision prohibiting sending federal prisoners more than
500 miles away from their home. He reasoned that since the
federal government did not agree with sending inmates far
away, he hoped the state would also adhere to the practice.
9:57:52 AM
Representative Fields commented that other states had heard
the siren song that sending prisoners out of state would
save money, but it never did and merely created greater
criminality. He believed that one of the benefits of the
bill was to prohibit the state from answering the call of
the sirens song.
Representative Josephson spoke to the issue of private
prisons in Alaska. He asked how margins were made in the
private prison industry. He deduced that a private prison
had to warehouse more inmates and pay staff less to achieve
savings. He did not understand why it was a good business
model. Representative Fields replied that there were many
studies regarding the issue. He indicated that short
staffing and the failure to provide rehabilitative programs
defined the model, which were the reasons for the pervasive
violence and poor results.
Representative Wool interjected that along with underpaid
and overworked staff, food quality and medical care were
also downgraded in private prisons.
Co-Chair Johnston recalled the HB 49 discussions and noted
that the current year was going to be the year of
behavioral health within the correctional system. She asked
where the department was in terms of providing behavioral
health. She cautioned that the issue had long term
consequences on mental health facilities outside the
system and on the Alaska Psychiatric Institute (API). She
voiced that the issue was the large elephant in the room.
10:00:34 AM
Ms. Winkelman replied that it was an excellent question.
She wanted to inform the public about the rehabilitative
services the department did offer. She reiterated that
Laura Brooks had been steadfastly working on prison
programming. She remembered the committee hearing in the
prior session concerning the issue. She expounded that the
department had made strides with reentry program coalitions
in communities. She believed that programs were necessary
in the institutions and wrap-around services that would
happen in communities. Staff had been working arduously to
identify what programs were necessary within the prison and
working with probation and parole on reentry. The goal was
to ensure that as individuals were released there was a
more seamless transition into communities.
Co-Chair Johnston noted that it had been generally
acknowledged that the state's largest behavioral health
facilities were the state's prisons. She believed it needed
to be acknowledged and remain the focus of the legislative
bodies. She believed that much of the cost of the
indeterminate fiscal note was due to behavioral health and
recidivism and more hard work was necessary.
10:03:00 AM
Representative Fields replied that the House State Affairs
Committee had recently held a hearing on the topic, and he
believed the department deserved credit for ensuring that
Vivitrol treatment did not lapse when inmates left a
facility. He related testimony from therapeutic court
participants that reported receiving Vivitrol treatments
after leaving prison, which led to controlling their
addiction. He praised the expansion of therapeutic courts,
improving medically assisted drug treatment, and more focus
on jobs and housing. He reported a 10 percent reduction in
recidivism over the last few years. He believed that they
could arrest the growth in the prison population by working
together and decrease crime.
Ms. Winkelman agreed with Representative Fields statement.
She relayed that there had been a presentation in the House
State Affairs Committee that had focused on the report the
department provided to the legislature on prison programs
and outcomes.
Co-Chair Johnston noted that the Department of Health and
Social Services, Division of Juvenile Justice was also
working on the issue and reporting benefits. She warned
that all involved could not take their eyes off the
issue.
Representative Wool noted that DOC was the largest provider
of psychiatric care in the state. He mentioned that API had
only 60 beds. He reported that there was a shortage of
psychiatric facilities in the state. He had heard that
inmates received very good psychiatric and medical care. He
lauded the department for a job well done in the area.
10:06:06 AM
Co-Chair Johnston thanked the department. She recognized
that she had used the fiscal note to stray somewhat from
the bills focus.
Representative LeBon considered that if the prison
population continued to grow, he thought they needed to be
open to the option that a capital prisoner could be sent
out of state if they were never going to reenter society.
He referenced the CRC model and thought the model needed to
be studied more deeply. He commented that technology needed
to be explored and developed further as a way to mitigate
future overcrowding. Representative Fields agreed that more
needed to be done with technology not only with electronic
monitoring but providing computer tablets to inmates to
assist with rehabilitation and reentry. He thought it would
be unwise if the state were not committed to broader
efforts of reforms and recidivism.
10:08:25 AM
Representative Josephson clarified that the state did not
have capital prisoners unless they were federal prisoners.
He thought that Representative LeBon was referencing
prisoners in for a life sentence. He wondered whether the
state had a moral obligation to protect all prisoners
from the dangers in private prisons.
Ms. Winkelman replied in the affirmative. She added that
the bill allowed for the flexibility if something was
needed in specific situations.
Co-Chair Johnston set the bill aside.
HB 187 was HEARD and HELD in committee for further
consideration.
Co-Chair Johnston reviewed the schedule for the following
week.
ADJOURNMENT
10:10:34 AM
The meeting was adjourned at 10:10 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 187 Sectional Analysis ver. G 2.4.2020.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |
| HB 187 Change Summary ver. E to ver. G 2.4.2020.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |
| HB 187 Internal DoC OT Fact Sheet and OT Sheet 2.4.2020.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |
| HB 187 Mojave Daily News-Nevada Bans Use of Private Prisons 6.11.2019.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |
| HB 187 News Clip Newsminer Editorial Against Sending Prisoners Outside 11.3.2019.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |
| CSHB 187 PPT 3.6.2020 UPDATED.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |
| Sectional Analysis for HB 187 Ver G 3.6.2020.pdf |
HFIN 3/6/2020 9:00:00 AM |
HB 187 |