Legislature(1997 - 1998)

03/10/1997 01:20 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HOUSE JUDICIARY STANDING COMMITTEE                                   
                    March 10, 1997                                             
                      1:20 p.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Joe Green, Chairman                                             
Representative Con Bunde, Vice Chairman                                        
Representative Brian Porter                                                    
Representative Jeannette James                                                 
Representative Norman Rokeberg                                                 
Representative Eric Croft                                                      
Representative Ethan Berkowitz                                                 
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
HOUSE BILL NO. 65                                                              
"An Act relating to partial-birth abortions."                                  
                                                                               
     -  MOVED HB 65 OUT OF COMMITTEE                                           
                                                                               
* HOUSE BILL NO. 53                                                            
"An Act relating to the authority of the Department of Corrections             
to contract for facilities for the confinement and care of                     
prisoners, and annulling a regulation of the Department of                     
Corrections that limits the purposes for which an agreement with a             
private agency may be entered into; authorizing an agreement by                
which the Department of Corrections may, for the benefit of the                
state, enter into one lease of, or similar agreement to use, space             
within a correctional facility that is operated by a private                   
contractor, and setting conditions on the operation of the                     
correctional facility affected by the lease or use agreement; and              
giving notice of and approving a lease-purchase agreement or                   
similar use-purchase agreement for the design, construction, and               
operation of a correctional facility, and setting conditions and               
limitations on the facility's design, construction, and operation."            
                                                                               
     - HEARD AND HELD                                                          
                                                                               
CS FOR SENATE BILL NO. 1(FIN) am                                               
"An Act relating to living and working conditions of prisoners in              
correctional facilities operated by the state, and authorizing the             
commissioner of corrections to negotiate with providers of                     
detention and confinement services under contract to apply those               
conditions and limitations on services to persons held under                   
authority of state law at facilities operated under contract or                
agreement; relating to services provided to prisoners; amending the            
definition of `severely medically disabled' applicable to prisoners            
seeking special medical parole; amending provisions of the                     
correctional industries program; and extending the termination date            
of the Correctional Industries Commission and the program."                    
                                                                               
     -  BILL HEARING POSTPONED                                                 
                                                                               
* HOUSE BILL NO. 115                                                           
"An Act making corrective amendments to the Alaska Statutes as                 
recommended by the revisor of statutes; and providing for an                   
effective date."                                                               
                                                                               
     - BILL HEARING POSTPONED                                                  
                                                                               
HOUSE BILL NO. 31                                                              
"An Act relating to civil liability for certain false allegations              
or material misstatements of fact in a civil pleading or                       
proceeding, for certain improper acts relating to signing a civil              
pleading, for certain improper acts relating to civil pleadings or             
proceedings, for making an intentional false statement of a                    
material fact, for acting on a civil claim or defense without                  
probable cause, or for acting for a purpose other than proper                  
adjudication of a civil claim; amending Rules 13(e) and 82(b),                 
Alaska Rules of Civil Procedure; and providing for an effective                
date."                                                                         
                                                                               
     - REMOVED FROM AGENDA                                                     
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL:  HB  65                                                                  
SHORT TITLE: PARTIAL-BIRTH ABORTIONS                                           
SPONSOR(S): REPRESENTATIVE(S) KOTT, Kohring                                    
                                                                               
JRN-DATE          JRN-PG             ACTION                                    
01/13/97        50    (H)   READ THE FIRST TIME - REFERRAL(S)                  

01/13/97 50 (H) STATE AFFAIRS, JUDICIARY 02/06/97 (H) STA AT 8:00 AM CAPITOL 102 02/06/97 (H) MINUTE(STA) 02/07/97 277 (H) COSPONSOR(S): KOHRING 02/18/97 (H) STA AT 8:00 AM CAPITOL 102 02/18/97 (H) MINUTE(STA) 02/19/97 408 (H) COSPONSOR(S): OGAN 02/20/97 (H) STA AT 8:00 AM CAPITOL 102 02/20/97 (H) MINUTE(STA) 02/21/97 421 (H) STA RPT 4DP 1DNP 1NR 02/21/97 421 (H) DP: JAMES, HODGINS, DYSON, VEZEY 02/21/97 421 (H) DNP: BERKOWITZ 02/21/97 421 (H) NR: IVAN 02/21/97 421 (H) INDETERMINATE FISCAL NOTE (ADM) 02/21/97 421 (H) ZERO FISCAL NOTE (DHSS) 03/05/97 (H) JUD AT 1:00 PM CAPITOL 120 03/07/97 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HB 53 SHORT TITLE: LEASE-PURCHASE CORRECTIONAL FACILITY SPONSOR(S): REPRESENTATIVE(S) MULDER JRN-DATE JRN-PG ACTION

01/13/97 41 (H) PREFILE RELEASED 1/10/97

01/13/97 41 (H) READ THE FIRST TIME - REFERRAL(S)

01/13/97 41 (H) STATE AFFAIRS, FINANCE 02/19/97 406 (H) JUD REFERRAL ADDED 02/21/97 428 (H) STA REFERRAL WAIVED 02/21/97 428 (H) REFERRED TO JUDICIARY 03/07/97 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER THEDA PITTMAN 4720 Eagle Number 1 Anchorage, Alaska 99503 Telephone: (907) 561-0515 POSITION STATEMENT: Testified in opposition to HB 65. REPRESENTATIVE PETE KOTT Alaska State Legislature Capitol Building, Room 204 Juneau, Alaska 99811 Telephone: (907) 465-6848 POSITION STATEMENT: Prime Sponsor of HB 65 GEORGE DOZIER, Legislative Assistant to Representative Pete Kott Capitol Building, Room 204 Juneau, Alaska 99811 Telephone: (907) 465-6848 POSITION STATEMENT: Provided testimony on HB 65 REPRESENTATIVE ELDON MULDER Prime Sponsor, HB 53 Capitol Building, Room 501 Juneau, Alaska 99811 Telephone: (907) 465-2647 POSITION STATEMENT: Prime Sponsor HB 53 DOUG PERKINS Bayshore/Klatt Community Council 2130 Shore Drive Anchorage, Alaska 99515 Telephone: (907) 276-1592 POSITION STATEMENT: Provided testimony on HB 53 STEVE LARSON 3815 West 44th Avenue Anchorage, Alaska 99517 Telephone: (907) 243-4727 POSITION STATEMENT: Testified in opposition to HB 53 BARBARA WEINIG, President Rabbit Creek Community Council P.O. Box 113849 Anchorage, Alaska 99511 Telephone: (907) 345-1599 POSITION STATEMENT: Testified in opposition to HB 53 CRAIG PERSSON, Vice President Public Safety Employees Association P.O. Box 82324 Fairbanks, Alaska 99712 Telephone: (907) 457-3577 POSITION STATEMENT: Testified in opposition to HB 53 JOAN BENNETT-SCHRADER CLUW Mt. Redoubt Alaska Chapter Coalition of Labor Union Women P.O. Box 1587 Kenai, Alaska 99611 Telephone: (907) 283-4359 POSITION STATEMENT: Provided testimony on HB 53 JOHN YARBOR P.O. Box 671073 Chugiak, Alaska 99567 Telephone: (907) 696-7908 POSITION STATEMENT: Provided testimony on HB 53 JULIE OLSON, President Oceanview/Old Seward Community Council 1501 Oceanview Drive Anchorage, Alaska 99515 Telephone: (907) 786-5265 POSITION STATEMENT: Testified in opposition to HB 53 B.K. POWELL, Spokesperson South Anchorage Coalition 1501 Oceanview Drive Anchorage, Alaska 99515 Telephone: (907) 345-4834 POSITION STATEMENT: Provided testimony on HB 53 ED EARNHART 1043 West 74th Avenue Anchorage, Alaska 99518 Telephone: (907) 345-4834 POSITION STATEMENT: Testified in opposition to HB 53 CHARLES O'CONNELL, Business Manager Alaska State Employees Association 3510 Spenard Road, Number 201 Anchorage, Alaska 99503 Telephone: (907) 277-5200 POSITION STATEMENT: Testified in opposition to HB 53 MARGOT KNUTH, Assistant Attorney General Department of Law P.O. Box 110300 Juneau, Alaska 99811 Telephone: (907) 465-3600 POSITION STATEMENT: Provided testimony on HB 53 ACTION NARRATIVE TAPE 97-35, SIDE A Number 001 CHAIRMAN JOE GREEN called the House Judiciary Standing Committee to order at 1:20 p.m. Members present at the call to order were Representatives Con Bunde, Brian Porter, Eric Croft, Ethan Berkowitz and Chairman Joe Green. Representative Norman Rokeberg arrived at 1:21 p.m., and Representative Jeannette James arrived at 1:22 p.m. CHAIRMAN GREEN announced that members would not consider SB 1, or HB 131 until a later date because of the backlog on HB 65 and HB 53. HB 65 - PARTIAL-BIRTH ABORTIONS Number 151 CHAIRMAN GREEN advised members that the first item of business would be House Bill No. 65, "An Act relating to partial-birth abortions." He pointed out that public testimony had been closed. However, because of audio problems experienced with Anchorage at the previous hearing, he would allow those who had signed up the opportunity to provide testimony on that bill. THEDA PITTMAN testified to via teleconference from Anchorage, Alaska. She made reference to the statement made by Mr. Dozier, legislative aide to Representative Pete Kott, relating to the court cases he cited. Ms. Pittman advised members that his presentation was a report on the cases themselves and what he said was actually quite good; however, one would have to "tear the paper" off at that point; discard his editorial comments and actually compare the casework to the bill in order to understand the many, many problems of HB 65. MS. PITTMAN stated that essentially, although it was possible to ban an abortion after viability, it would be necessary to take into account that the court cases provided that the determination of viability must rest with the doctor. And also the determination of the danger to the life or the health of the woman must rest with the doctor, and that the particular procedure must rest with the doctor, as well. MS. PITTMAN stated that as for viability, abortion was not performed on a healthy woman with a healthy fetus. She noted that the editorial comments on the bill created the illusion that in the seventh, eighth or ninth month, a pregnant woman would get up one morning and suddenly decide not to be pregnant. After viability, abortions were not preformed on healthy women, with a healthy fetus; hence, there was no need for HB 65. Number 267 CHAIRMAN GREEN advised members public testimony would now be closed on HB 65. He asked that the prime sponsor, Representative Pete Kott address the committee. Number 342 REPRESENTATIVE PETE KOTT, Prime Sponsor, HB 65, advised members that Representative Porter had previously requested information regarding the various methods of partial-birth abortions. He advised members one method was the suction curettage/aspiration, which was a method typically employed during the first trimester; however, had been used up to the 15th week of pregnancy. Representative Kott explained that the abortionist mechanically dilates the opening of the uterus, inserts a vacuum device into the uterus, and removes the baby through negative suction. REPRESENTATIVE KOTT explained that a second type was known as D & E, which stood for dilation and evacuation. The cervix was dilated slowly, over a one or two day period, by the insertion of laminaria, and a suction curettage is inserted through the cervix and the baby is removed. He noted that frequently, the baby's head and torso were too large to be removed in that manner, and consequently, the abortionist dismembers the baby by the use of suction curettage or forceps. Representative Kott expressed that sometimes the size of the head, because it was too hard to be removed in the womb, would be decompressed either by crushing it, or inserting a suction device and removing the contents, which then allows for its removal. He added that that was a common second trimester abortion. Representative Kott stated that again, with both procedures he had mentioned, there was no life. REPRESENTATIVE KOTT advised members that the third method was what was termed installation/induction procedures, where the abortionist injects a substance, usually a saline solution, or combination of prostogladen and urea. He explained that that was injected into the amniotic cavity, or prostogladen suppositories placed into the vagina. The mother then goes into labor, and the dead fetus is expelled. Number 571 CHAIRMAN GREEN noted that Representative Kott was making reference to a "dead fetus", and asked if those method were only used if the fetus was dead, or did the procedure, itself, kill the fetus. REPRESENTATIVE KOTT advised members that the fetus, he would suspect in some circumstance, would already be dead; however, the intent was to extract, or eliminate a fetus or pregnancy of a woman. REPRESENTATIVE KOTT advised members that the fourth method involved a hysterectomy, which was a caesarian section preformed before term, or hysterotomy, which was the removal of the entire uterus. He pointed out that those methods were seldom used. REPRESENTATIVE KOTT informed members that the last method was dilation/extraction, known as D & X. He explained that dilators were inserted in the cervix for two days, and on the third day, the abortionist removes the dilators and ruptures the membranes, which he suspected was a rupture of the water bag, and with the use of forceps, the baby was delivered, except for the head; scissors would be inserted in the baby's skull, and spread in order to make the opening larger, at which time a suction catheter was inserted and the contents of the skull evacuated. Representative Kott advised members that with the skull depressed, the baby would be completely delivered. He expressed that as noted by the court, the primary distinction between the D & X procedure, and the D & E procedure, was that the D & E procedure resulted in dismemberment and piece by piece removal of the fetus from the uterus, and the D & X procedure resulted in a fetus being removed, basically, intact except for a portion of the skull contents, which would be suctioned out after the head was placed next to the opening of the uterus. Representative Kott explained that the D & X procedure was a more broad term, coined by Dr. McMahon, as killing the baby, or fetus, and then removing it, often times head first, as opposed to what Dr. Haskell had coined as a partial birth procedure, where the baby was actually spun around and delivered feet first. He pointed out that the fetus, in both cases, would be dead, which was where they got into the difference of the D & X procedure, as coined by Dr. Haskell. REPRESENTATIVE KOTT stated that it could be noted that the term D & X, as used by the court in Voinovich, was not a recognized medical term. He pointed out that again, it was coined by Dr. James McMahon, who used it to describe procedures, not within the definition of partial-birth abortion, as used in the proposed legislation. REPRESENTATIVE KOTT advised members that the definition of partial- birth abortion, as used in HB 65, did not overlap with other abortion methods. He noted that with suction curettage-aspiration, the baby was not partially vaginally delivered and then killed. Representative Kott explained that with the D & E procedure, the baby was partially delivered before it was killed. HB 65 required that before the procedure fell within the scope of the bill. With installation type methods, the baby would be vaginally delivered, but only after the death in the womb. He noted that in rare cases, the baby survived delivery, and therefore could not be legally killed because that would result in a substantial problem for the abortionist. REPRESENTATIVE KOTT explained that HB 65, by way of contrast, required that the abortionist partially, vaginally, deliver a live fetus and then kill the baby before complete delivery of the fetus. He noted that with the hysterectomy and hysterotomy procedure, there was no vaginal delivery, partially or otherwise. REPRESENTATIVE KOTT expressed that as stated by Dr. Joseph Riederer, who was the premier expert in Juneau who had delivered 2000 plus Juneau babies, that "The proposed definition of the bill is specific, and no other medical procedure would be restricted or affected by banning partial-birth abortion. The language is clear and specific." Representative Kott noted that was a quote from the Doctor's written testimony. Number 988 CHAIRMAN GREEN asked if the baby was dead before it was removed if that would be a D & X procedure, and if still alive when the body of the fetus came out and actually had the shears inserted in the head, if that was a different procedure. REPRESENTATIVE KOTT stated that that was what Dr. Haskell coined as a D & X, which was later referred to, and coined now as partial- birth abortion, and not to be confused with Dr. McMahon's procedure. CHAIRMAN GREEN asked if the procedure only dealt with dead fetuses. REPRESENTATIVE KOTT agreed that it did. Number 1033 REPRESENTATIVE BRIAN PORTER explained that that entire body of information was what he wanted in order to make sure he understood prior to voting on the proposed legislation. He noted that the definition of partial-birth abortion, that appeared in the bill, excluded, and was not meant to include in any way, any of the other procedures described by Representative Kott. Representative Porter stated that only when a portion of the physical fetus was exposed, outside of the mother's body, and a live fetus, that it was then killed and the extraction completed. REPRESENTATIVE KOTT advised members that would be correct. Representative Kott pointed out that there were particular views of resident experts around the state, who had all suggested that the procedure used was not a medical necessity for the purpose of the health of the mother. He added that the particular practice used, could not be found in any medical books, or medical school teachings. Representative Kott stated that as far as he knew, the practice was not being utilized in the state of Alaska, and the proposed legislation was a preemptive strike to ensure that it would not occur. He pointed out that HB 65 would not restrict as woman's right to choice. Number 1170 CHAIRMAN GREEN advised members that if they would only expect to see the procedure take place in order to protect the life of the mother, that he could not understand why one would be able to go in and forcibly turn the baby around, so that it would come out feet first, and insert the scissors after the baby was essentially delivered. He stated it appeared to him that delivery, in that procedure, was basically completed, and then the baby would be killed, rather than delivering it normally. Chairman Green expressed that he had a real problem with that. Number 1212 REPRESENTATIVE CROFT noted that a member of the public who testified on HB 65, bet committee members $500, that the procedure was never necessary to save the life of the mother. He asked Representative Kott if that was a true and accurate statement. REPRESENTATIVE KOTT stated that in his opinion, he did not believe it was based on the various medical reviews he had researched. REPRESENTATIVE CROFT asked if the procedure was necessary in order to save the health of the mother. REPRESENTATIVE KOTT felt that if the procedure was used to save the health of the mother, it would dilute the entire intent, because he felt there was a broad definition of health. He noted that arguably, anyone who performed the procedure under that guise, could legitimately establish, before the court, that there was a health issue. REPRESENTATIVE CROFT advised members that was part of his confusion. He understood Mr. Dozier's testimony, and the testimony of Representative Kott, to be that because the procedure was never necessary to save the health of the mother, that a health exception was not necessary. And if it was believed that the procedure was never necessary to save the life of the mother, why was that exception included. REPRESENTATIVE KOTT reiterated that it was his humble opinion that the procedure was not necessary to save the life of the mother, based on the literature from the experts who had written commentary on the procedure. REPRESENTATIVE CROFT pointed out that the draft committee substitute states members were being asked to adopt language which stated, "partial-birth abortions are not necessary to preserve the life, or health of pregnant women." He expressed that if they made that legislative finding, why was the exception included at all. GEORGE DOZIER, Legislative Assistant to Representative Kott, advised members that the reason for including the finding, was because HB 65 mirrored the definition as set out in the federal legislation that had been vetoed. He noted that that legislation had been re-introduced, and suspected that in light of events over the past couple of weeks, that it would stand a much better chance of not being vetoed this time. Mr. Dozier explained that by including the life provision in the proposed legislation, it would make Alaska statutes consistent with what he felt would be federal law. Number 1400 REPRESENTATIVE CON BUNDE advised members that he was troubled with the same contradiction of the findings. He noted that not many legislators were doctors, and it was found that it was not necessary to preserve life, and then it states that the procedure could not be done unless it was necessary to save life, which to him, was an absolute contraction. Representative Bunde pointed out that either the legislature did not know what it was talking about, and that finding should be removed, or it would be necessary to delete Section 2; one or the other. REPRESENTATIVE PORTER advised members that it would be his intent to support the removal of Section 1 because he did not feel any of that section supported the proposed legislation, and had ramifications past the intent of HB 65 that he did not want to contemplate. REPRESENTATIVE PORTER stated with respect to Section 2, he felt he could support it if he understood it correctly. He advised members he would be interested in hearing from the sponsor, or Mr. Dozier, what impact the wording of Roe, regarding the phrase, "the life or health of the mother", would have on leaving some reference for health in the proposed legislation. MR. DOZIER advised members that Roe was a case which involved the prohibition of, basically, all types of abortions. He explained that subsequent cases, including Casey, also involved an absolute prohibition of all types of abortion, in certain circumstances. Mr. Dozier pointed out that both cases indicated that the states could regulate abortions, except as necessary to preserve the life, and health of the mother. MR. DOZIER advised members that the proposed legislation, unlike Roe and Casey, did not involve a prohibition of abortion, per se, even for a short period of time, such was the case in Voinovich. Mr. Dozier explained that HB 65 prohibited the use of one particular procedure, and consequently, the life and health of the mother was already protected by what was already in place. CHAIRMAN GREEN noted that Representative Porter had suggested the removal of Section 1, with Section 2, then, becoming Section 1. He asked Mr. Dozier if he saw any adversity if that amendment was offered and should pass. REPRESENTATIVE KOTT reminded members that the draft committee substitute had not yet been adopted by the committee, and if Representative Porter would like to strike Section 1, the draft committee substitute could be set aside and adopt the original bill because that did not have the Section 1 language as was in the draft proposal. He advised members that he did not feel striking Section 1 would be substantially detrimental to the bill, adding that he felt it would add some credence if there was a challenge before the courts at some later point in time. REPRESENTATIVE CROFT moved to adopt CSHB 65 (JUD), Version B, as the committee's working document. REPRESENTATIVE JEANNETTE objected. REPRESENTATIVE ROKEBERG agreed with the position expressed by Representative Porter. He asked if members voted against adoption of the draft committee substitute, would that bring them back to the original version, or the State Affairs committee substitute. CHAIRMAN GREEN suggested that they adopt the draft committee substitute and then move on to strike Section 1. REPRESENTATIVE KOTT stated that it was his belief that the original bill before members did not include Section 1 of the committee substitute. CHAIRMAN GREEN clarified that if the draft committee substitute was not adopted, that they would be, then, considering the original bill, HB 65, Version E. REPRESENTATIVE ROKEBERG supported Representative Porter's position, and also pointed out that there was other language in the findings that he felt could generate some undue discussion. He advised members that he would be voting against the adoption of the draft committee substitute. REPRESENTATIVE CROFT advised members that he also had trouble with the legislative findings; however, he would prefer to start, and would vote to start from the draft committee substitute, and then decide whether or not they wanted to amend it to remove Section 1, and amend Section 2 in other respects. He noted that while the language was inconsistent on the life or health provision, between Sections 1 and 2, he thought the findings brought out an important aspect of the bill. Representative Croft pointed out that even with just the life part, they were in effect, finding that partial- birth abortions were not necessary to preserve the health of pregnant women, when it is not allowed as an exception. He felt the finding clarified what was actually being done. Representative Croft stated that he would like to keep the findings in, for discussion purposes, and possibly at the end of deliberations, members might decide to remove them. REPRESENTATIVE PORTER felt that if the bill included the exception relating to the life of the mother, he did not feel it was appropriate to have a finding that it was an unnecessary conclusion, noting that there were no doctors on the panel. Representative Porter advised members that the reason he was hesitant about all of the findings, was that they all appeared to have the potential to be interpreted as a position on abortion, as opposed to a position on partial-birth abortion. Representative Porter stated that from that standpoint, he did not believe they added any benefit to the intent of the proposed legislation. Number 1861 REPRESENTATIVE JAMES agreed that the findings were not relevant to the issue. She stated that in reading the original bill, it was very clear to her what it meant, and felt it was totally sufficient in its form. For that reason, she would be voting against adoption of the draft committee substitute. CHAIRMAN GREEN requested a roll call vote: In favor: Representatives Croft, Berkowitz and Green. Opposed: Representatives Bunde, Porter, Rokeberg and James. Adoption of CSHB 65(JUD) as a work draft failed, 4 to 3. CHAIRMAN GREEN pointed out that members would now have before them the original version of HB 65. Number 1929 REPRESENTATIVE CROFT advised members that the findings that were not adopted, stated that the legislature found the procedure was necessary to save the life or health of the mother. He expressed that it was clearly inconsistent the way it was, and the committee chose not to adopt it. However, he felt they could have consistently adopted it as an implicit finding that they would make to say, "The legislature finds that these procedures are not necessary to save the health of the mother.", either that, or the health of the mother was not important to them, which he felt the second would be unlikely. REPRESENTATIVE CROFT advised members that what they were saying, being non-doctors, was that the procedure was not necessary to save the health of the mother. He stated that Mr. Dozier said as much, although in his written presentation, he stated that Roe had an exception where the life and health of the mother was threatened, and that Casey, specifically said that "the state may prescribe abortion, except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother". Representative Croft expressed that that was the federal standard that was adopted by Casey. Because health was not included in the version the committee adopted, he would offer, with the permission of the Chair, two amendments, of which one would place "health" back in the bill, and the second would limit the prohibition to the third trimester. REPRESENTATIVE CROFT felt that what upset most people, and it did him, was the idea that those partial-birth abortions would be done on healthy women, with healthy babies in the third trimester, that would be ended with no medical justification. He saw no justification for that. Representative Croft pointed out that the bill before them, the original version, had no limitation in that direction; that it applied to any abortion from the first week of pregnancy and did not provide an exception for health. REPRESENTATIVE CROFT stated that if Roe and Casey specifically said you would have to provide protection for the life or health of the mother, that they would be doing something clearly unconstitutional by enacting something that solely protected life. He noted that Mr. Dozier disagreed, and the reason he had requested a copy of his written statement, was because he wanted to inquire more into what the rationale was for leaving it off. Representative Croft stated that Mr. Dozier stated that because the state had never conducted the procedure, it could not be necessary to save health. He noted that Mr. Dozier could clarify, if necessary; however, read from the prepared statement as follows: "Thus, the question must be asked, does HB 65, which prescribes a procedure, which thus far is not done in Alaska, place a substantial obstacle in the path of a woman seeking an abortion. The answer by definition is no." In other words, Representative Croft stated, that because it had never been needed in the state, it never could be needed in the state. REPRESENTATIVE CROFT pointed out that there were many medical procedures not done in the state of Alaska. For example, he believed that complicated open heart surgery was not done in Alaska. Representative Croft did not feel any member of the committee, member of the legislature, or any rationale person would say there was no time that procedure was not necessary to preserve someone's health, or in some cases, life. To him, the argument simply confused whether the state had ever done it, with whether it could ever be necessary. Representative Croft pointed out that it was clearly unconstitutional for the early portions of the pregnancy, and did fit with what the federal constitution required in the late portions, in Casey. REPRESENTATIVE CROFT expressed that the second rationale related for excluding health, that members could just conclude from what they know and through testimony they heard, that it was not. He stated that even setting aside the argument that it had not been done, in the state, so it could not ever need to be done, he did not consider a good argument. Representative Croft pointed out that members could say that, "we, as seven non-doctors" would conclude that a woman never needed the procedure to preserve her health. He felt that judgment was best left to the doctor and the patient. Representative Croft noted; however, that there was also substantial testimony which went the other way. He stated that the only way they could delete the "of health" language was if members were convinced, to a moral certainty, that it never was necessary. Representative Croft explained that as a non-doctor, he would have difficulty ever having that level of certainty, adding that there was certainly enough conflicting information to say that, in some professional opinions, including some that treat women in Alaska, that it sometimes was necessary. Because Representative Croft did not know the answer, he felt the exception should be included in the bill. REPRESENTATIVE PORTER advised members that they had been discussing legislative findings, and pointed out that there were not any, which was just established by a vote. He stated that the reference to what the legislature intended by those findings was off the table, and irrelevant. Number 2300 REPRESENTATIVE CROFT moved to amend HB 65, page 1, line 6, following the first occurrence of "life", insert: or health, and following the word "mother", delete [whose life], and insert who. REPRESENTATIVE PORTER objected for the purpose of discussion. REPRESENTATIVE CROFT advised members that it was a constitutional requirement, that they were simply acting unconstitutionally if the language was not included. He added that secondly, they would also be acting dispassionately if the proposed legislation would not allow a woman, whose pregnancy was going to cause her health problems, to make the choice of what to do, based on the sound medical judgment that she could obtain, that the legislature would be acting cruelly. REPRESENTATIVE CROFT stated that to his knowledge, the partial- birth procedure was not in the state of Alaska, but if it were, and the judgment of the woman and her health professional determined it was needed, that it could be done in the state. He noted that the reason members discuss legislative findings, though out of the present version, was that by not including health, members would be substituting their judgment for the judgment of health professionals, which would result in saying, "The constitution requires that you be given the right to protect your life or health, but we've done the work for you, because we found out that this is never needed for health." Representative Croft pointed out that members did not have the qualifications to do that, and would not be aware of the individual situation, and did not know enough about all the medical generalities, or specifics of a diagnosis. REPRESENTATIVE CROFT stated that more importantly, why were they not doing that with life. He advised members that if they were as confident that the procedure was never necessary to protect life, why was that exception included. Representative Croft suggested that it was because there were situations where that would be needed. Number 2408 REPRESENTATIVE PORTER spoke against the proposed amendment. He advised members that he came with an open question in his mind regarding the issue of including "health" in the bill to make it constitutional. He pointed out that he was satisfied with the explanation given by Mr. Dozier that that portion of the decision in Roe, must have to do with the life or health, was on a different plane, which was precisely why he did not want the findings to be a part of the proposed legislation. Representative Porter pointed out that they were only dealing with partial-birth abortions, and he felt it was a distinct enough separation from the issues of Roe to make a consideration of the life of the mother; not the general term "health" that could be one word that would subvert the entire intent of the proposed legislation, to not be unconstitutional at all. For those reasons, Representative Porter would vote against Amendment 1. Number 2465 REPRESENTATIVE BERKOWITZ hoped that Representative Porter was still maintaining an open mind. He noted that he had asked Legislative Legal what they had to say about that issue, and they stated that in relation to the "health" amendment, .... [Tape auto-reverse to Side B]. TAPE 97-35, SIDE B Number 000 REPRESENTATIVE BERKOWITZ referenced the memorandum by Legislative Legal Counsel which stated: "The amendment that would add 'health' considerations as an exception to the prohibition of partial-birth abortions would bring the bill in line with the U.S. Supreme Court requirement that abortion prohibitions or restrictions on the procedures that may be used, even after viability, must contain exceptions based not only on preserving the pregnant woman's life but also her health. Representative Berkowitz stated that Legislative Legal had a more objective perspective than Mr. Dozier, because, with all due respect, Mr. Dozier was an advocate on behalf of proposed legislation. He pointed out that comments in the past on the efficacy of good lawyering, would say that there was a difference between saying that health was a constitutional requirement, and health was not a constitutional requirement. REPRESENTATIVE PORTER stated that he would like to see the Legislative Legal opinion; however, not having had the opportunity to read the document, with only one sentence being referred to, that it would be difficult to respond to. REPRESENTATIVE BERKOWITZ advised members he would have been happy to have provided the information to members, but he had only just recently received it. CHAIRMAN GREEN called a five-minute recess for the purpose of providing committee members a copy of the document Representative Berkowitz referred to. The meeting recessed at 2:09 p.m., and was reconvened at 2:11 p.m. Number 079 CHAIRMAN GREEN pointed out that members had reviewed the document referred to by Representative Berkowitz, and he asked if there was any other discussion of committee members. REPRESENTATIVE ROKEBERG wondered if Mr. Dozier would want to comment on the memorandum, because he felt it was an opinion of defensibility, more than a constitutional issue. CHAIRMAN GREEN asked that Mr. Dozier approach the witness table. REPRESENTATIVE ROKEBERG further stated that the opinion was not only defensible, but constitutional, and that was the issue before members, as to whether the word and concept of "health" was a fatal defect in the draft of the legislation. He asked that Mr. Dozier respond if the absence of the word "health" would be constitutionally defensible, or if it was a constitutional flaw, and not defensible. MR. DOZIER expressed that he had not yet read the opinion provided by Legislative Legal; however, in his opinion, the absence of the word "health" was very defensible. He pointed out that members would have to look at the specific procedure that the bill addressed, by using two different standards. One was the viability standard, or the pre-viability standard, and the other standard was the period after which the baby became viable. Mr. Dozier advised members that in the pre-viability stage of the pregnancy, that determining whether or not a given regulation was constitutional, or not, that one would have to look whether there was an undue burden. He pointed out that the Supreme Court had defined that very explicitly to mean placing a substantial obstacle in the path of a women who was attempting to make a decision about abortion. MR. DOZIER pointed out that "health" was already protected, in the state of Alaska, and if abortion was needed to preserve a woman's health, that the proposed legislation would not take anything from that; there was no substantial obstacle. He noted that that was the pre-viability stage. The viability stage of the pregnancy had a different test, which was even more lenient to governmental regulations, and one could say, "no abortions at all, period. Can't use abortion practice A, procedure D, procedure C;" et cetera, et cetera, as long as there was an exception for health and the life of the mother. Mr. Dozier advised members that in the case before them, they were not doing that. What members would be endorsing, was that the particular procedure referred to in the bill, could not occur in the state of Alaska. Mr. Dozier continued to point out that everything in place would remain in place and, consequently, a provision for the health of a mother currently existed. Number 230 REPRESENTATIVE BERKOWITZ stated that it appeared to him that if there already was provision for health of the mother, that there should be no objection to reinserting "health of the mother" back into the bill. He expressed that that was done, at a regular time, to reaffirm what the legislative intent was. Representative Berkowitz felt it was important that HB 65 reflect the present legislature would not do anything to jeopardize the health, or the life, of a pregnant mother. He thought that by including the word "health", they would be underscoring what Mr. Dozier conceded was already a part of present law. Number 255 CHAIRMAN GREEN expressed that there were two attorney members on the House Judiciary Committee, and those members, having consulted with several other attorneys, that it appeared that the issue was a decision matter, rather than a requirement. He noted that he could understand the reason for including the language for health purposes, and could understand the desire to not include it because of the possibility that it would create a confusion, if not an absolute problem. Chairman Green stated that what he would like to enter into the record, was that it was an opinion, and a matter of conjecture among attorneys, just as the procedure itself, was a matter of conjecture among the medical people. Chairman Green pointed out that members had heard from influential people, and high ranking members of the medical profession, who had stated that it was absolutely not necessary. Friday, the committee heard from Dr. Nakamura, who stated that he thought there could be times when it might be necessary. CHAIRMAN GREEN felt that what the committee was faced with was a conjectural situation, as to whether or not "health" should be included in the proposed legislation, as well as the "life endangerment; and whether or not the particular procedure addressed, would be the only ramification to protect the mother's life. His feeling on the issue was that neither were necessary. CHAIRMAN GREEN stated that if the House Judiciary Committee, and the present legislature, wanted to pass a ban on the procedure addressed in HB 65, through an avenue of escape because of the necessity for the protection of the life only; not for health, or psychologic reasons, et cetera; that it would certainly be in the purview of the legislature to do so, adding that he felt it would withstand legal muster. REPRESENTATIVE BUNDE felt that one of the concerns that people had who were particularly opposed to partial-birth abortion, or any abortive procedure, was that a woman might choose to undergo the procedure on a whim, or because it could cause her some mental distress, or whatever. He thought that by adding the word "health", after "life" on line 6, in both instances, would read; "mother whose life, or health is endangered by the physical disorder, illness or injury, ...". Representative Bunde pointed out that they were not considering a notion where someone could claim mental duress; but a serious health problem. CHAIRMAN GREEN countered Representative Bunde's analogy regarding non-medical, and stated that ulcers were also a result of stress which was a physical disorder that could be brought about by the attitude of a mother. REPRESENTATIVE BUNDE expressed that it had been found that ulcers were brought on by a particular bacteria, not by stress; however understood the point Chairman Green was making. CHAIRMAN GREEN stated that it was yet conjectural, that there was an attitude that prevailed among the medical profession, that if one could keep their spirits up, one would heal faster. REPRESENTATIVE ROKEBERG expressed his appreciation of the discussion that was taking place. He stated that while sitting, indulging in medical expertise, members should know what they were talking about when, obviously, they did not; however, stated that that was okay, and that's why they were where they were. REPRESENTATIVE ROKEBERG advised members that in reviewing the record and considering the testimony provided by Dr. Koop [Ph], that said he saw no reason for the procedure if, in fact, the health of the mother was jeopardized, that there were other alternatives. He further stated that while reading the testimony of Dr. Ritche, which reflected that only in the case of a very complicated pregnancy, if there was lethal fetal abnormality, or life threatening, maternal medical complication, that the procedure under discussion would not even be contemplated from a medical view point. Representative Rokeberg expressed that if there were no other arguments that might overcome his concern relating to the constitutionality of omitting the word "health", that he would be voting against the amendment. Number 468 REPRESENTATIVE JAMES advised members that she was completely comfortable with existing language, and pointed out that the intent of Roe v. Wade, which indicated that law could not prohibit abortion, because of the life or health of the mother, was not included in the proposed legislation because it dealt with one specific procedure. She advised members that she would also vote against the amendment. CHAIRMAN GREEN asked if the objection was still maintained on the adoption of Amendment 1. Representative Porter and Rokeberg maintained their objection, and a roll call vote was taken. In favor: Representatives Bunde, Croft and Berkowitz. Opposed: Representatives Porter, Rokeberg, James and Chairman Green. Amendment 1 failed adoption, 4 to 3. Number 507 REPRESENTATIVE CROFT moved to adopt Amendment 2; page 1, line 11, following the word "means", delete [an], and page 1, line 11, following the word "means", insert, a third trimester. Representative Porter objected. REPRESENTATIVE CROFT explained that the issue that had been the most troubling for everyone, and the most troubling for him, was the idea that a partial-abortion procedure could be done on a healthy baby in the late stages of the pregnancy. Amendment 2 would address that specific concern, making it illegal when done in the third trimester. Representative Croft felt the amended language would go a long way towards curing the constitutional concerns. He pointed out that none of the committee members were experts, even the attorney members, but stated that in his humble opinion, without both of the amendments, or certainly without either one, he would confidently tell the committee that the law would not be upheld in a court of law, if enacted in its present form, and would be overturned as a violation of constitutional rights. CHAIRMAN GREEN asked if Representative Kott found, through his research, that there was viability earlier than the start of the third trimester. REPRESENTATIVE KOTT advised members that was what he discovered during his research of the entire issue, that there was viability prior to the beginning of the seventh month. CHAIRMAN GREEN stated that if the bill was enacted in its present form, that there could be viable babies/fetus, that would be subject to the type of abortion addressed in the bill. REPRESENTATIVE KOTT advised members that would be correct. He added that he felt the bill would withstand constitutional muster without Amendment 2. Representative Kott noted that they now had two conflicting views, as he suspected there would be many conflicting views, depending on who a person talked to, and what side of the issue they stood on. REPRESENTATIVE BERKOWITZ reiterated that the bill was unconstitutional in its present form, and he was fully confident that when it got to the courts, which it would, the courts would confirm that position. Number 662 REPRESENTATIVE JAMES pointed out that this was her fifth legislative session, and she had been a member of the House Judiciary Committee for two years. She expressed that while sitting on the House Judiciary Committee, she had seen legal opinions submitted on both sides of an issue; it is constitutional, it is not constitutional. Representative James provided an example whereby the legislature passed legislation that would phase out the longevity bonus program. Two legal opinions were presented, with one stating that it would definitely be unconstitutional, and the other said it was not. That law was challenged, went to court, and was found to be constitutional. Representative James felt that to second guess the courts on the issue before members, was not the issue. The issue before her was whether or not to prohibit a gruesome procedure, and whether or not it would make good sense to allow it to occur, where a baby is partially delivered, and then killed before completely taken from the uterus. That, to her, was not acceptable, and she felt members had heard plenty of testimony that indicated there were other methods. Representative James pointed out that they had just heard testimony which reflected that the procedure was used as an elective on healthy babies, and that was what HB 65 was attempting to do; to prohibit the use of that specific procedure for electives. REPRESENTATIVE JAMES stated with respect to Amendment 2, separating it to the third trimester would not necessarily address viability. She did not believe viability could be separated by saying, "third trimester". Representative James pointed out that viability in court cases prior to now, had a different connotation than a third trimester. She expressed that she would be voting against Amendment 2. REPRESENTATIVE PORTER maintained his objection to adoption of Amendment 2. CHAIRMAN GREEN requested a roll call vote. In favor: Representatives Bunde, Croft and Berkowitz. Opposed: Representatives Porter, Rokeberg, James and Chairman Green. Amendment 2 failed adoption, 4 to 3. Number 1000 REPRESENTATIVE JAMES moved to report CSHB 65(JUD) out of committee, with individual recommendations and attached fiscal notes. Representative Bunde objected. REPRESENTATIVE BUNDE advised members that he had a great deal of empathy for a number of the folks who had testified who were pro- life, and felt disenfranchised because of Roe v. Wade. He did not feel, at any time, that the legislation before them would address that case, or change anything. Representative Bunde expressed that from that point of view, those people deserved some level of comfort that their point of view was being addressed. REPRESENTATIVE BUNDE pointed out that the other side of that argument did not accomplish much, because it would not get to Roe v. Wade, and for those who viewed the proposed legislation as the first step to make abortion illegal, was a delusion. Representative Bunde recognized that it was unfortunate that some of the issues members had to face had heavy, philosophical connotations. He expressed that as in many of those other issues, it came down, for him, to practical application; what would he do if he were in those shoes. Representative Bunde stated that for him, if his wife were to face a life-threatening pregnancy, he would absolutely want her, and counsel her to have access to an abortion to save her life. He stressed that he would not trade his wife for an unborn child; personal, philosophical statement. CHAIRMAN GREEN asked if Representative Bunde was speaking to partial-birth abortion, or abortions, in general. REPRESENTATIVE BUNDE stated that he was speaking to any abortion. CHAIRMAN GREEN asked that he keep his comments to the issue of partial-birth abortion, which was what the bill was addressing. REPRESENTATIVE BUNDE stated that if a partial-birth abortion was what it would take to save his wife's life, he would accept it, and encourage it. However, he stated that when he did that, he was allowing himself that privilege, and he would then have to allow other people their philosophical approach to the situation, and how they would make those decisions. Representative Bunde advised members that he was sympathetic, and understanding of those who felt that abortion was wrong, partial-birth abortion. Having said all that, Representative Bunde expressed that he would not keep the bill from moving forward; however, pointed out that if enacted, and was challenged, overturned by the courts, or appeared at all in any way to challenge Roe v. Wade, that he would work against it. CHAIRMAN GREEN asked if there was anyone else that wished to discuss the issue of partial-birth abortion. REPRESENTATIVE JAMES felt it was very important, that when making a decision of the type of legislation presently before the committee, that it was a specific procedure that would become illegal. And a specific procedure that was very gruesome, and according to all of the testimony, and all of the investigations that she had had the ability to read and understand, was that it was not a necessary procedure. She expressed that they had included the caveat, that in case it was a procedure necessary to save the life of the mother, that it was a procedure that could be used. Representative James advised members that she agreed with Representative Bunde, that the life of the mother was over and above the life of an unborn child. However, stated that in any event, she felt they should not stray from the fact, that what the proposed legislation did was restrict one specific abortion procedure, and not in any way, shape or form, reduce any ability for anyone to get an abortion under current conditions. Representative James felt it was very important to make that clear. REPRESENTATIVE BERKOWITZ stated that during testimony, members had heard a lot of what he considered as being fairly sanctimonious, moralizing about abortion, in general; however, he would restrict his comments solely to the question of what he termed, late term abortions because that was the procedure that was at issue. He felt members, unwillingly, become the vehicles for inflammatory language which served to divide people of good will by succumbing to terms with something like partial-birth abortion. Representative Berkowitz pointed out that it was a procedure, a medical procedure, and doctors, every doctor he'd known, took a Hippocratic oath, not to do anything that would jeopardize the health or well being of a person. It seemed to him that when members circumscribe the procedures available to a doctor, they would be limiting the ability of a doctor to treat a patient. Representative Berkowitz stressed that he knew of no other procedure the state of Alaska had banned, much less, attached a C felony to. Representative Berkowitz felt they were taking an undo step forward; it was not a question in his mind of just limiting a medical procedure, it was also chipping away at abortion rights. He believed that was an unfortunate step to take, and was sorry members were being used as a vehicle for something that was divisive, pointing out that it was a procedure that had never been performed in the state of Alaska. Yet, it would cause a great deal of consternation, in the general public, and a great deal of outcry, because people felt so passionately about it. Representative Berkowitz stated that rather than letting a symbolic bill just die on the vine, the members had chosen to go forward with it, and he regretted that and would be voting against passage of the bill. CHAIRMAN GREEN reminded members that there were drugs used in other places, and procedures used in foreign countries that were not acceptable in the state of Alaska, so he thought to limit a specific abortion procedure, would not create a problem of attempting to decide whether it would one's spouse, or the baby that lived. He stated that if it was necessary in order to protect the mother, that he would never, ever trade his wife for an unborn child. Chairman Green noted that, by the same token, he would not sacrifice that child on a "maybe" diagnosis, because he would also hold the life of the child in high regard. Chairman Green reiterated that they were not addressing the issue of abortion, but one specific procedure that would be banned in the state. He expressed that that was what members should keep focused on, not the total idea of abortion. Number 1200 CHAIRMAN GREEN asked whether the objection was maintained; it was. He then requested a roll call vote. In favor: Representatives Bunde, Porter, Rokeberg, James and Chairman Green. Opposed: Representatives Croft and Berkowitz. Therefore, HB 65 was moved out of the House Judiciary Committee by a vote of 5 to 2. REPRESENTATIVE BUNDE expressed that he had a bill up in the House Finance Committee, and he asked that he be excused. CHAIRMAN GREEN called a brief at-ease at 2:37 p.m. The meeting reconvened at 2:41 p.m. HB 53 - LEASE-PURCHASE CORRECTIONAL FACILITY The next item on the agenda was consideration of House Bill No. 53, "An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; authorizing an agreement by which the Department of Corrections may, for the benefit of the state, enter into one lease of, or similar agreement to use, space within a correctional facility that is operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the lease or use agreement; and giving notice of and approving a lease-purchase agreement or similar use-purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation." Number 1258 REPRESENTATIVE ELDON MULDER, Prime Sponsor, advised members that the proposed legislation addressed the problem of overcrowding in Alaska prisons. A chart was provided to committee members that graphically demonstrated the problem at hand. He pointed out that in June 1995, the emergency capacity had been reached primarily in the 6th Avenue Jail, Yukon-Kuskokwim Correctional Center and the Mat-Su Pretrial facility. He noted that a year later, in September 1996, the chart reflected the Anvil Mountain Correctional Center at capacity, Wildwood Correctional Center within capacity at times, and the Meadow Creek Correctional Center within maximum capacity, occasionally. REPRESENTATIVE MULDER expressed that when entering 1997, the issue was red, at emergency capacity. He noted that the Palmer Correctional Center and the Wildwood Pretrial Correctional Center fell within capacity, Highland Mountain Correctional Center and Meadow Creek occasionally fell within maximum capacity thresholds; however, the state was constantly in excess of emergency capacity thresholds within all state facilities. Representative Mulder stressed that the state had a problem. REPRESENTATIVE MULDER stated that there were other unique problems faced by the system, of which one involved the insistence of the courts upon the Department of Corrections to provide adequate facilities for female inmates. He noted that the court had been pressuring, and working with the department to try and provide for a female correctional center. REPRESENTATIVE MULDER advised members that there was a desire, by the people in Anchorage, to return the 6th Avenue Jail back to the community and allow it to be expanded into a museum, which would result in the need for additional bed space within the municipality of Anchorage. REPRESENTATIVE MULDER advised members that HB 53 was an attempt to provide the least expensive alternative when addressing prison problems in the state. He stated that it was a fact that the state would spend more money on corrections in the future, and there was no way getting around that. Representative Mulder pointed out that currently, the state spent $107 per day to incarcerate a prisoner in the state of Alaska. To him, that figure was unacceptable, and in large part, was driven by the fact that the state had small, remote, expensive correctional facilities scattered throughout the state of Alaska. Number 1586 REPRESENTATIVE MULDER stated that to try and accomplish cost savings within the system, HB 53 focused on a large, centralized facility, built and run by a private contractor. He noted that HB 53 was different than the previous year's proposed legislation, and allowed for the facility to be a straight lease, or a lease/purchase option. Representative Mulder pointed out that the bill was not area specific, as it allowed the commissioner the maximum latitude necessary to make the best decision for the state of Alaska. It would allow the commissioner to locate the facility wherever savings could be attained. The bill did specify that the facility would be constructed and operated by a private contractor. REPRESENTATIVE MULDER expressed there was true logic of having the facility built and operated by a private contractor, and the proposed legislation stipulated that the facility be built and operated by the same entity for the first five years. He noted that that would pertain to IRS codes in relation to tax guidelines; however, beyond that, the reason was that in the past the state had had problems with the Spring Creek Correctional Center. Representative Mulder pointed out that the facility was built on top of a river, which presented flooding problems. He stated that he felt those problems were driven by the fact that people who design and build facilities do not have to operate them. Representative Mulder pointed out that if someone were forced to operate a facility, they would be far more sensitive to the fine details of what would make sense, economically, and what would not. REPRESENTATIVE MULDER advised members that the state spent over $5 million a year employing people in Arizona. He advised members that the state was relieving its overcrowding problem by sending more inmates to a private facility in Arizona. Representative Mulder expressed that he would be proposing to increase the Department of Correction's budget, this year, to allow for the full utilization of the 250 Arizona beds which had been allotted for the state of Alaska. REPRESENTATIVE MULDER felt that if they were using state dollars, the state should employ Alaskans, rather than Arizonans. He felt that was especially true in a time when Alyeska was laying people off, and major oil companies and other groups were looking at streamlining their operations and reducing the number of jobs in the state. Representative Mulder advised members that HB 53 would present an opportunity to bring jobs to Alaska, and employ Alaskans. REPRESENTATIVE MULDER felt that money could be saved by private construction of the facility. He noted that there had been an alternative presented by the Governor last year, which would expand the regional correctional facilities, with an original price tag of approximately $150 million. Representative Mulder believed that private contractors had demonstrated that they could build those facilities for much less than their public counterparts. Representative Mulder pointed out that he believed it would be appropriate to say it would cost the state 25 percent more to build the facility than it would cost the private sector. REPRESENTATIVE MULDER advised members that another valuable asset of having a private contractor build the facility was the fact that the state did not have a large surplus of cash in the state's general fund. He informed members that it cost the state $59 a day, per inmate, in the Arizona facility. Representative Mulder pointed out that that figure not only covered the operation costs of the facility, but more than covered their costs of amortization and included a profit margin. He felt similar savings could be achieved to a per day cost in the state of Alaska if a large, centralized facility was built and operated by a private contractor. REPRESENTATIVE MULDER commended the commissioner of the Department of Corrections, who, at times, had taken steps to try and rein in the cost of corrections. He pointed out that she was currently being pushed to expand her utilization of soft beds for the purpose of relieving the overcrowding problem. Representative Mulder pointed out that it would be two years before a new facility could be brought on line. He felt that by the time the facility was built, it would be full and the state would be looking towards the need to build another facility. Representative Mulder explained that the state was currently experiencing 8 percent growth in inmate population. Number 2032 CHAIRMAN GREEN referenced the chart provided by Representative Mulder and asked what percentage involved misdemeanants. He expressed that he was with the understanding that approximately 20 percent were misdemeanants. REPRESENTATIVE MULDER felt that was probably a fair reflection of misdemeanants occupying hard beds, adding that that was in DOC's budget analysis; however, he did not have the specifics in front of him. CHAIRMAN GREEN asked if there were soft beds, or the electronic device alternative would be available for the misdemeanants, so hard beds could be freed up during the process of building a new facility in the state, from the bid process through completion. REPRESENTATIVE MULDER expanded his previous testimony prior to responding to Chairman Green's question regarding misdemeanants. Representative Mulder stated that there were those who believed, that when the bill was put forward the previous session, that it was directed or intended towards a particular site and a particular vendor. He expressed that that bill allowed the commissioner the flexibility to negotiate the best deal possible; there was no directive regarding the location, or the vendor. Representative Mulder stated that he believed the whole discussion that he raised, public versus private, had been hurt because of a location issue. Representative Mulder advised members that the bill before them was silent regarding the location of the facility. He noted that whatever the Municipality of Anchorage, the Mat-Su Borough, Seward, Greely [Ph], Delta Junction, et cetera, decided was fine, but the commissioner would have to be driven by cost in relation to making that determination. REPRESENTATIVE MULDER stated with regard to the removal of misdemeanants from hard beds, that yes, the state could do that; however, it would be a very temporary fix. He stated that they were directing the department, or intend to through the budget process, to utilize more soft beds and increase, only incrementally, the amount of risk to the population. Representative Mulder pointed out that that would only be effective for a couple of years when considering the 8 percent prison growth factor. TAPE 97-36, SIDE A Number 000 REPRESENTATIVE CROFT advised members that he was curious as to whether the numbers that related to emergency and maximum capacity, reflected on the chart, were Cleary numbers, and how the state would be impacted by going to the federal standard, either in the numbers or cost. He also asked for an explanation of what the "10 day, 30 - 90" reflected on the chart. REPRESENTATIVE MULDER advised members that the chart did relate back to the Cleary Settlement numbers. He stated, for example, the Anvil Mountain Correctional Center's maximum capacity was 102 inmates, and the emergency capacity was 104 inmates, as determined by Cleary, and on February 1, 1997, that facility housed 116 inmates. Representative Mulder expressed that the court had determined a fee ratio of approximately $50 or $75 a day, per institution, plus an X number of dollars per day system-wide, if out of compliance, and that would be assessed throughout the course of a year. He pointed out that the supplemental budget reflected an amount of over $2 million owed by the state because of prison overcrowding. REPRESENTATIVE MULDER could not respond to the question Representative Croft presented regarding the 10 day, 30 - 90. REPRESENTATIVE ROKEBERG felt it would be helpful to have a projection of future occupancy uses and needs in the state for a 10 year plus period, and attempt to put together a legislative strategic plan that related to facility needs in the state. Number 288 REPRESENTATIVE MULDER pointed out that the chart reflected a guesstimate of inmate population from 1984 through 1999, and was fairly close to tracking where the state might be, and where it actually was. REPRESENTATIVE ROKEBERG asked if Representative Mulder was aware if the state had any type of a strategic plan, or idea in the long range capital plans, for facilities in the state of Alaska. REPRESENTATIVE MULDER's response was no. REPRESENTATIVE ROKEBERG stated with regard to the problem of prisoner classification, he felt it was important that the people of the state, and members of the committee, understand the need for the Department of Corrections to review their classification process. He pointed out that the Lemon Creek Correctional Center in Juneau, housed all classification levels, and with that in mind, he felt it was important, and particularly as it related to any award of any type of contract for the construction of private facilities, that the people in the site affected areas understand that differential. REPRESENTATIVE ROKEBERG felt the facility needs in the Anchorage area related to pre-sentenced individuals, and other facilities as related to the obsolete condition of the 6th Avenue Jail. Number 466 REPRESENTATIVE MULDER advised members that growth in the Anchorage area was at the pre-trial and misdemeanant level. He stated that because they were attempting to accomplish several different functions with one facility, they visited with private contractors regarding the ability to do that. Representative Mulder expressed that when asked if a facility could house medium, pre-trial and female inmates, the response was that, certainly, that it only depended on how the facility was configured. REPRESENTATIVE MULDER stated with respect to the issue of prisoner classification, that for a number of years the correctional budget had been high profile and high discussion. He advised members that was largely due to the fact that there was significant upward pressure on the department's budget. Representative Mulder stated that as republicans, they had attempted to keep the lid on it as much as possible; however, expressed that there was point when the physical capacity, was the physical capacity, and they were looking at that threshold in the very near future. Representative Mulder advised members that the department's classification system was one of the more aggressive ones in the country that provided a low threshold of risk to the Alaska population, but that low threshold of risk had a high cost. REPRESENTATIVE ROKEBERG referenced the necessity in the Anchorage area for what he termed "jail beds", versus "prison beds", and the differential there, and stated that with the majority of judicial proceedings taking place in the Anchorage area, there was a physical necessity to have a larger number of beds, in hard beds, in the Anchorage area, notwithstanding what the public opinion was relating to the location of the facilities. He expressed that they were stuck with the need to have more beds in the Anchorage area whether they liked it or not, and felt that was a necessary point to make. REPRESENTATIVE ROKEBERG advised members that HB 53 only provided for one facility, and he was concerned about the fact that the state needed a separate, discreet, women's facility in the state of Alaska. He asked if Representative Mulder would be adverse to broadening the scope of the bill to provide the commissioner the flexibility to provide for more than one facility inside the scope of the bill. REPRESENTATIVE MULDER believed the commissioner was currently reviewing plans to convert Highland Mountain from a male facility to a female facility, and was entertaining discussions with the community to do that. Representative Mulder stated that before a new facility was on-line, the state would again be facing prison overcrowding problems. REPRESENTATIVE MULDER advised members that when dealing with pre- trial inmates, a high level of security would be necessary, as well as the location being feasible. REPRESENTATIVE ROKEBERG went on record in support of a discreet women's facility in the state of Alaska. He noted that there was some severe opposition in the Eagle River area to the conversion of the Highland Mountain facility. Representative Rokeberg pointed out that the Highland Mountain facility was designed, in large part, for specific programs, primarily the sex offender program, which had proven relatively successful, as he understood it. He noted that part of the success of the program was the physical makeup of the facility. Representative Rokeberg was concerned with the cost effectiveness of converting that prison to a women's facility, versus building another discreet women's facility, which could be part of a larger complex within the same complex of any new facility. Number 1046 CHAIRMAN GREEN asked where female prisoners were currently being housed, and at what percent the women prison population was increasing. REPRESENTATIVE MULDER advised members that regarding the percentage of the misdemeanant population, that as of today's count, there were 3,029 inmates in hard beds, and of those 2,580 were felons, or 85 percent, and 449 were misdemeanants, which was 15 percent. REPRESENTATIVE MULDER stated with respect to where female inmates were currently housed, that it was his understanding they were more or less spread throughout the system. He advised members that there were women prisoners housed at the Lemon Creek facility in Juneau, and according to the Superintendent there, Dan Carothers, they converted a portion of that facility without additional funds, to become a partial female facility. Representative Mulder pointed out that the Meadow Creek facility housed female inmates, as well as the Fairbanks facility. He noted that the 6th Avenue facility housed some female inmates, as did the Wildwood Pre-Trial and the Mat-Su pre-trial facilities. CHAIRMAN GREEN asked if they converted a facility to a women's facility, and began to bring the state's female prisoners into a centralized facility, would they be faced with the need for additional space for females in two years, as was the projection for male prisoners. REPRESENTATIVE MULDER expressed that he did not have a breakdown of the number of female prisoners in the state; however, would get that information and provide it to the committee. Number 1240 CHAIRMAN GREEN noted that there were many members of the public wishing to testify via teleconference, and proceeded with that portion of the meeting. Number 1323 DOUG PERKINS, with the Bayshore/Klatt Community Council, testified via teleconference from Anchorage, Alaska. He advised members that the community council had not, and in all likelihood, would not take a position on whether prisons ought to be privatized or not. MR. PERKINS noted that the proposed legislation suggested that if prisons were privatized that they should be built by the operator. He expressed that he could not find that language in the bill, and pointed out that it could be quite difficult to find a person experienced in both operating a prison, and constructing one. Mr. Perkins felt that the Department of Corrections was sufficiently experienced to have oversight on where a prison ought to be built. MR. PERKINS stated that the remainder of his comments were mainly directed towards the amendments Chairman Green would be offering. He stated that amendment 1 would provide that there had to be some minimal standards incorporated into a private prison bill. Mr. Perkins did not feel it was asking too much to insist that the operator of something as serious and significant as a correctional facility, have experience operating one. He stated that, similarly, the employees hired should have some minimal level of qualifications, and paid a prevailing wage to attract and keep qualified personnel. MR. PERKINS reiterated that they would support Chairman Green's amendment when offered. He reiterated that if the state was going to entrust a private company to run something as critical as a correctional institution, they should be required to provide for a performance bond guaranteeing their performance. Mr. Perkins noted that because of the escape that took place at the Arizona facility, they were in the process of having another bill to cover the costs of escape. MR. PERKINS agreed with Chairman Green's language that would require a bond or certificate of insurance sufficient to defend and indemnify the state and local governments against claims, or liability, arising from the operation of the correctional facility, as well as a performance bond. MR. PERKINS advised members they would also support Amendment 3, when offered by the Chairman, which called for a meaningful site selection process. He stated that he felt it was clear from the language of Representative Mulder's bill, that the bill was limited to the housing of Alaska prisoners; i.e., charged and convicted under Alaska law, which he agreed with, although he thought that language could be fine tuned. Number 1515 STEVE LARSON, employed by the American Federation of State, County and Municipal Employees, went on record as opposing HB 53. He stated that the proposed legislation was extremely speculative. Mr. Larson advised members there were numerous low cost alternatives, such as HB 150, that could be used to address the problem of prison overcrowding. MR. LARSON advised members that prison privatization had serious public policy implications, and to his knowledge, that had not been addressed in any fashion. He pointed out that there was no documented evidence that private interests could operate a prison cheaper, or more efficiently than their public counterparts, and suggested that HB 53 would cause cost shifting, rather than cost savings. Mr. Larson stated that he felt the primary reason for his opposition to the proposed legislation, and hoped it would not move out of committee, was because the majority of Alaskans did not support the concept. He noted that he had attended public hearings on numerous occasions, and not once had he heard a member of the public speak in support of the bill. MR. LARSON pointed out that they conducted a poll in Representative Rokeberg's district, and the majority of the people in that district did not support the proposed legislation. He expressed that he was aware of upcoming proposed amendments that might soften the impact of the bill on the public, but there was no guarantee that those amendments would survive the legislative process. Mr. Larson pointed out that the next committee of referral, the House Finance Committee, was the sponsor's own committee. Mr. Larson asked that the committee form a broad public commission, made up of neighborhood groups, legislators, corrections employees and city government to thoroughly study the issue of the need for private prisons, and to also consider the overall corrections needs for the state of Alaska. That body could provide judgments to the House Judiciary Committee to really address the issue, rather than speculate on spending $150 million, and what he considered an experiment with public safety in the state of Alaska. Number 1638 BARBARA WEINIG, President, Rabbit Creek Community Council, advised members that the community council did not support HB 53. She pointed out that most members of the council did not feel there would be any amendments that would make the bill better. MS. WEINIG noted that she would address one of Representative Mulder's points, which was that the Spring Creek Correctional Center was built over a creek and caused flooding in the facility. She felt members could expect the same type of problem with a bill such as HB 53, which she stated was crafted for the benefit of one provider who already had a parcel of land, which happened to be wetlands. Ms. Weinig expressed the need to conduct a very intensive site selection process, and take into consideration what the use of the land was, and how it would look in a few years, because she felt it would make that section of town wither. Ms. Weinig expressed that a site selection process was required for all state facilities, and should also be required for a state lease/purchase facility. Number 1734 REPRESENTATIVE MULDER recognized Ms. Weinig's healthy amount of skepticism; however, advised members that he would challenge her to find, anywhere in the bill, that makes it site specific. He acknowledged that that was the fear, but reiterated there was nothing in the bill that was site specific. Representative Mulder pointed out that it was totally the commissioner's responsibility to determine an appropriate location. CHAIRMAN GREEN took testimony from Fairbanks, Alaska. Number 1763 CRAIG PERSSON, Vice President, Public Safety Employees Association, representing state troopers, Corps Service Officers and airport safety officers around the state, advised members he would like to commend Representative Mulder for attempting to solve the problem of overcrowded prisons in the state. However, he did not feel the situation would get any better with more crime laws being passed by the legislature, and an increase in state population. MR. PERSSON advised members the proposed legislation presented a public safety concern. He noted that there was already a high turnover of correctional officers in state facilities. Mr. Persson expressed that those officers were paid a fairly decent wage, but the Association believed that if a lower wage was paid there would be a higher turnover rate, which could lead to moral problems, as well as short cuts being taken and staffing level problems. MR. PERSSON advised members that another problem involved a cost concern. He agreed with previous testimony that there was real concern of a private contractor not meeting minimum standards and qualifications, and if those folks were paid a higher wage, it might not be financially feasible. Mr. Persson explained that it could end up costing the state of Alaska more money in the long run. He pointed out that there was a study conducted in April 1996, of a private correctional center in the state of Florida, where per diem costs per inmate were actually higher than a comparable state facility located in the same region. Mr. Larson stated that there was also a 6 percent annual increase tacked on to that rate for the foreseeable future. MR. PERSSON advised members the Association was also concerned about the liability. He pointed out that the state would not be shielded from liability, that a deep pocket for law suits would arise from the contractor being negligent, or not adhering to regulations; prisoner rights, et cetera. Mr. Persson expressed that the state might not have much control, or oversight, to make sure the correctional facility was being operated in a safe and legal manner. MR. PERSSON pointed out that the main concern, regarding costs for employees, was that they could unionize and have the right to strike. He believed that would run the costs up even more. Number 1908 REPRESENTATIVE CROFT asked if prison guards could not strike at the present time. MR. PERSSON advised members they could organize, and under the Public Employee Relations Act, correctional officers were Class 1 employees and were exempt from striking. REPRESENTATIVE CROFT asked if it consisted then, of mandatory arbitration. MR. PERSSON advised members that would be correct, they had binding arbitration. Number 1930 REPRESENTATIVE JAMES stated with respect to unionizing, that the state was currently considering whether or not people had to be paid overtime rates for hours worked over 8 hours. It was her understanding that state correctional officers worked 12 hours a day, seven days a week. She pointed out that a private prison would not involve public employees, and would be subject to overtime over 8 hours. MR. PERSSON agreed that they would be entitled to overtime pay for hours worked over 8 hours a day. CHAIRMAN GREEN accepted testimony from Kenai, Alaska. JOAN BENNETT-SCHRADER CLUW, Mt. Redoubt Alaska Chapter of Coalition of Labor Union Women, advised members that last year during the numerous discussions on privatizing prisons in the state of Alaska, the coalition wanted to be reassured that the state of Alaska would be held harmless if prisoners would be incarcerated in private prisons. She stated that she could not find that reassurance any where in the proposed legislation, HB 53, and asked if the House Judiciary Committee would address that issue. MS. CLUW pointed out that there was another matter they would like to bring to the attention of the committee. She advised members they had great concern of the department's classification system, and felt that there could be some inadvertent misuse of the system. Ms. Cluw explained with regard to the Spring Creek Correctional Center, the state's maximum security prison, that inmates are kept in that facility the last six months of their incarceration. Ms. Cluw advised members that was not good business. She felt the proposed amendments might assist the intent of the bill; however, asked when the communities would have access to them in order to make appropriate comments. CHAIRMAN GREEN expressed that the committee was not considering the amendments at this meeting, and he would make the proposed amendments available to the LIO offices. JOHN YARBOR advised members he was employed by Alaska State Employees, American Federation of State, County and Municipal Employees, Local 52. He stated that they opposed HB 53. Mr. Yarbor noted that it was the second year the legislation had been considered by the legislature. Mr. Yarbor pointed out that the bill had been amended time and time again, and agreed with Mr. Larson's request that the House Judiciary Committee appoint a commission to conduct a thorough study on the issue of private prisons. MR. YARBOR referred to the testimony of Representative Mulder who expressed the facility was not site specific, or directed at one contractor. Mr. Yarbor pointed out that it was his understanding there was only one company in the state of Alaska that would bid on the project. Mr. Yarbor stated that due to the fact there was a problem with the way the site proposal was handled by the Anchorage Planning Commission, it was going before the voters to be corrected. Mr. Yarbor was hopeful the committee would hold the proposed legislation for further study purposes. MR. YARBOR advised members he had been a DOC employee for 20 years and had just retired. He felt that with a study, it could be shown that some of Representative Mulder's facts were off and needed correcting. Mr. Yarbor expressed that in 1977 the state's correctional facilities were overcrowded, as well as in 1979 and 1980. He pointed out that overcrowding was something that was inherent with corrections, and it was the state who had to deal with it. Mr. Yarbor emphasized that it was the state's responsibility, and that responsibility could not be legislated away. MR. YARBOR pointed out that with a thorough study, and a legislature that was sincere in looking at ways to handle the situation; unlike other states, such as Texas who had many private prisons, and a very large problem, the state of Alaska would have the opportunity to study and draw from all the states who had experience in the private prison industry. He felt that the state would come out far ahead if the time was taken to do that. JULIE OLSON, President, Oceanview/Old Seward Community Council, advised members that the council opposed HB 53 for three reasons. They believed that public involvement of the process should be a requirement, and provisions that would ensure public safety should be included in the proposed legislation, such as requiring minimal staff qualifications, some requirement of inmate and staff ratios, as well as ACA accreditation. MS. OLSON pointed out that there was no cost savings to the state required in the proposed legislation. She noted that generally, privatization was thought to bring the forces of a free market economy to the public sector. Ms. Olson advised members that turning over, what were historically public facilities, was supposed to result in more efficiency, lower costs and better solutions or values. She noted that competition, many times, did provide those benefits. Ms. Olson advised members that HB 53 was worded so narrowly that it virtually eliminated most of the possible competition in that market. MS. OLSON expressed that HB 53 did not allow the professionals in the corrections field to evaluate all the options available to make the best possible decision for the state. She pointed out that other states, who were facing overcrowding in their prisons, were considering a variety of options to relieve the overcrowding problem, that included such things as electronic monitoring, or boot camps, which she felt were options the state and DOC should consider. MS. OLSON referenced Section 3, and stated that it was so specific in its wording that it limited the ability of DOC to seek solutions for the prison overcrowding problem. She stated that the section stated that DOC would have no more than one agreement. Ms. Olson advised members that in order to promote competition, and better programs, she felt DOC should be allowed to contract with one or more providers. MS. OLSON pointed out that Section 3(c), (1) required a inmate population of 500 to 800 prisoners. She advised members that to specify the prison population limited the possible choices available to the DOC. Ms. Olson pointed out that none of the state facilities housed more than 500 inmates at the present time, and questioned whether that population would increase efficiencies. Ms. Olson felt that existing facilities could be increased in size, in order that they could gain those same economies of scale that Representative Mulder believed was available to the private sector. Number 2300 REPRESENTATIVE MULDER pointed out that there had been several statements about the fact that the so-called, rent-a-cops, or people who would be employed in the private facility would be less skilled than their public counterparts. He referred to page 6, Section 4(e), lines 23 through 25, which stated, "the Department of Administration shall require that persons employed by the contractor as correctional officers in the facility meet the requirements of AS 18.65.130 through AS 18.65.290 that are applicable to correctional officers.", and pointed out that those were the standards and levels of training that would be required of the public counterparts. Representative Mulder explained that private, correctional officers would be required to have the same level of training, skills and ability as their public counterparts. Number 2341 B.K. POWELL, Spokesperson for the South Anchorage Coalition, advised members that they were in support of the amendments that would be put forth by Chairman Green. He referred to Representative Mulder's statement that the intended facility was not site specific. Mr. Powell advised members that they felt it was site specific, or municipality specific. He referred to Section 2(a), noting that the word "municipality" came into play. Mr. Powell stated that being a citizen of the state of Alaska, he did not know how many municipalities there were in the state; however, felt there were very few, and to him that was very site specific. Mr. Powell suggested that the words "political subgroups or communities" would provide for more of a broad based interpretation. MR. POWELL felt that HB 53 did not clearly address operational guidelines, and as a resident of South Anchorage, he believed there would be safety concerns. He pointed out that the bill did not address a balanced site selection public process, again referring to "municipality". Mr. Power expressed that Representative Mulder stated that a pre-trial facility would not be appropriate in Delta. Mr. Power clarified that he was referring to prisons, not pre-trial facilities, or jails. MR. POWELL reiterated that there were no conclusions relating to cost savings in the proposed legislation. He stated, also, that there was little information on correctional philosophy; i.e., economic factors to add inmate population characteristics. Mr. Powell expressed that charts and graphs were okay, but added that there had been a presidential candidate who used charts and graphs, and members knew what happened to him. MR. POWELL stated that there were examples across the country where new prisons were sited next to existing facilities for cost saving purposes. He pointed out that one reason for that was that the support services, and the philosophy and any other philosophical concerns one may have about the operation of the prison, would already be in place. Mr. Powell noted that that was not an "Anchorage" definition. MR. POWELL pointed out there were 58,000 prisoners housed in private facilities throughout the United States; that equated to 1160 private prisoners per state. He expressed that most of the private facilities were located in the southern tier of the United States, and operate fairly well if they follow certain guidelines, and he did not feel HB 53 considered, that it was, more or less, a "cart before the horse" syndrome in the state of Alaska. MR. POWELL concluded his testimony with the question, "Does the state want to experiment with a private prison process?" TAPE 97-36, SIDE B Number 000 ED EARNHART advised members that through two community council meetings, it was found that most of the people were opposed to even the idea of having private prison facilities. Mr. Earnhart stated with respect to the state's needs, that the state was making changes in the juvenile system, and changes in education, and that there was a lot in play within the state and nationally, that was reducing crime rates. Mr. Earnhart could not understand the apparent urgency to build new prisons because the state felt the space would be necessary some time down the road. He pointed out that there was no sound evidence to that effect, and referenced prior testimony which reflected that the state had always been faced with the problem of overcrowded prisons. Mr. Earnhart stated that that was not healthy, but it had not done the state in, and he could not understand why the proposed legislation stated that there had to be a 750 to 1000 bed facility, and do it as soon as possible. MR. EARNHART advised members that many people had pointed out that there was room to expand existing facilities, and he did not feel any bill should pass, at this time, directed at the construction and private operation of a prison facility in the state of Alaska. CHARLES O'CONNELL, Business Manager, Alaska State Employees Association, advised members he was opposed to HB 53. He stated that Representative Mulder, when he introduced the bill and explained it's intent, used the terms "economies of scale". Mr. O'Connell expressed that economies of scale, in corrections, was very real. He stated that the per bed costs go down with a larger facility. Mr. O'Connell pointed out that costs of operating the Anvil Mountain Correctional Center and the Ketchikan Correctional Center was much higher than it was at Cook Inlet, Spring Creek, Palmer Correctional Center or the Wildwood Correctional Center. It was Mr. O'Connell's understanding that the costs at those four facilities, on a per day basis, was approximately $61 a day. MR. O'CONNELL stated that it was also his understanding that the Arizona contract, at the present time, was $60.47 per day. He advised members that those inmates could be housed in the state of Alaska just as cheaply as they were being housed in Arizona currently. MR. O'CONNELL pointed out that the approach of building a "best deal" that would hold up to 800 or more inmates, would not meet the prison needs of the state. He noted testimony relating to jail beds and prison beds, and advised members that building one huge, centrally located prison facility, would not improve overcrowding problems in other areas of the state. Mr. O'Connell stressed that the need of the Department of Corrections was not solely a south central need, but a statewide need. MR. O'CONNELL pointed out that members were talking about public safety. He stated that the Department of Corrections in Alaska, using public facilities and public employees, had never had an inmate murdered, never had a prison guard murdered, and that no other state in the United States of America could say that. Mr. O'Connell expressed that the state had a system that was safe, and although there had been a few attempted escapes, there had never been an escape where the inmate was not subsequently apprehended. MR. O'CONNELL expressed that the final point he would make related to being a professional negotiator. He stated that what was being done, by creating a sole source contract, would be the creation, in effect, of creating a monopoly. Mr. O'Connell stated that the state would be paying a private contractor to construct a 800 bed facility, and all that contractor would have to do to get the price that they demand, was to say to the state, "take the inmates back, or pay my price." Mr. O'Connell pointed out that the state would not have beds available to take the inmates back. He advised members that it was a very bad economic move to take the path of the proposed legislation. Mr. O'Connell encouraged that members consider HB 53 fairly, and hoped that it would never see the light of day. Number 282 REPRESENTATIVE MULDER referred to Mr. O'Connell's statement regarding a "sole source contract", and pointed out that it was anything but a "sole source" contract, unless the Department of Administration determined that that was how they wanted to write it. He stated that the bill provided authority to the DOC, through the Department of Administration, to put the project out to competitive bid for the services stipulated, the prevailing bid would be awarded, established, and guaranteed for the life of the contract. CHAIRMAN GREEN asked that Forrest Browne, with the Department of Revenue, and Margot Knuth, with the Department of Law step forward and provide testimony on HB 53. Number 325 MARGOT KNUTH, Assistant Attorney General, Department of Law, advised members she was working with the Department of Corrections, and the Governor's Cabinet on Youth and Justice this legislative session. She expressed that she had taken a crash course on the state's correctional system, and had learned quite a bit. MS. KNUTH advised members that she had prepared a chart, for the Department of Corrections, that reflected all of the correctional facilities in the state; how many prisoners the facilities were originally built for, the maximum capacity, emergency capacities, and what their expansion capabilities were. The chart would also reflect the costs of expansion, how many beds would be provided at that cost, and what it amounted to on a per bed basis. CHAIRMAN GREEN felt that would be very helpful and educational for the committee, and asked Ms. Knuth if she could have that available at the next committee meeting. MS. KNUTH advised members she would be available to present that at the next hearing, and agreed that it would be enlightening and make it easier for members to follow along on some of the questions. She pointed out that the state had definite needs for additional correctional facility hard beds. Ms. Knuth expressed that the fundamental plan required three things; an attempt to reduce the number of prisoners going to hard beds, in accordance with public safety, and to try to get people out of hard beds as soon as possible. Ms. Knuth pointed out that the third component was the need to expand the number of hard beds in the state. MS. KNUTH pointed out that the administration's plan called for between 1000 and 1300 new beds in the next six years. Number 440 REPRESENTATIVE JAMES asked if the private industry provided all the soft beds in the state. MS. KNUTH did not know for sure, but thought that all the halfway houses in the state were privately owned and operated. An unidentified speaker stated that that was not so. REPRESENTATIVE JAMES pointed out that if soft bed inmates were taking up so much space in the hard bed facilities, and soft beds were being provided by private industry, why were they not building more soft bed facilities for inmates taking up hard bed space. MS. KNUTH advised members that she understood there were 75 soft beds that had been made available; however, the state had not bought those beds yet. She expressed that the hard part was juggling everything together in order that there would be a place for everyone. REPRESENTATIVE JAMES pointed out that the bottom line of the "hard part" was where, because the public did not want the correctional facilities built close to them, that it was even hard to find a place to locate a soft bed facility. MS. KNUTH pointed out that there were communities who were interested in having facilities built in their area. She advised members that the administration had sort of a five prong test for where to expand, of which one of them was working with the communities. Ms. Knuth expressed that the city of Seward was interested in expanding the Spring Creek facility, which was not at the top of the Department of Corrections' list for places to expand; however, it was necessary to factor that in, and suddenly it moved up, in terms of the department's priorities, because the city wanted it and were willing to cooperate in the expansion process. MS. KNUTH advised members that safety was a factor, as well as cost effectiveness. She pointed out that the state owned land near Palmer, Alaska, and that there was a desperate need for medium beds in the state. Those beds could be provided in Palmer at the cheapest rate because a core facility already existed, and ready for expansion. Ms. Knuth stated that, normally, they consider close to $100,000 to $150,000 per bed; however, could expand the Palmer facility for less than $60,000 per bed. CHAIRMAN GREEN asked that Ms. Knuth and Forrest Browne be available for the next hearing, and closed public testimony on HB 53, except for their comments which would be taken at that time. ADJOURNMENT Number 673 Chairman Green adjourned the House Judiciary Committee meeting at 4:02 p.m.

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