Legislature(1997 - 1998)

03/12/1997 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                HOUSE JUDICIARY STANDING COMMITTEE                             
                          March 12, 1997                                       
                             1:00 p.m.                                         
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Chairman                                            
 Representative Con Bunde, Vice Chairman                                       
 Representative Norman Rokeberg                                                
 Representative Brian Porter                                                   
 Representative Jeannette James                                                
 Representative Eric Croft                                                     
 Representative Ethan Berkowitz                                                
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 * HOUSE BILL NO. 150                                                          
 "An Act giving notice of and approving a lease-purchase agreement             
 with the City of Seward for the construction and operation of an              
 addition to the Spring Creek Correctional Center, and setting                 
 conditions and limitations on the facility's construction and                 
 operation."                                                                   
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 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                                                         
                                                                               
 HOUSE BILL NO. 131                                                            
 "An Act providing for an advisory vote on the issue of capital                
 punishment."                                                                  
                                                                               
      - BILL HEARING POSTPONED                                                 
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 150                                                                 
 SHORT TITLE: LEASE-PURCHASE SPRING CREEK CORRECTIONAL                         
 SPONSOR(S): REPRESENTATIVE(S) DAVIS                                           
                                                                               
 JRN-DATE      JRN-PG                 ACTION                                   
 02/19/97       399    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/19/97       399    (H)   JUDICIARY, FINANCE                                
 03/12/97              (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                               
 03/07/97              (H)   JUD AT  1:00 PM CAPITOL 120                       
 03/07/97              (H)   MINUTE(JUD)                                       
 03/10/97              (H)   JUD AT  1:00 PM CAPITOL 120                       
 03/10/97              (H)   MINUTE(JUD)                                       
 03/12/97              (H)   JUD AT  1:00 PM CAPITOL 120                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 REPRESENTATIVE GARY DAVIS                                                     
 Alaska State Legislature                                                      
 Capitol Building, Room 513                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-2693                                                    
 POSITION STATEMENT:  Sponsor of HB 150                                        
                                                                               
 LOUIS BENCARDINO, Mayor                                                       
 City of Seward                                                                
 P.O. Box 167                                                                  
 Seward, Alaska  99664                                                         
 Telephone:  (907) 224-3331                                                    
 POSITION STATEMENT:  Testified on HB 150                                      
                                                                               
 RON GARZINI, City Manager                                                     
 City of Seward                                                                
 P.O. Box 167                                                                  
 Seward, Alaska  99664                                                         
 Telephone:  (907) 224-3331                                                    
 POSITION STATEMENT:  Testified on HB 150                                      
                                                                               
 JOAN BENNETT-SCHRADER, Representative                                         
 Coalition of Labor Union Workers-Mt. Redoubt Alaska Chapter                   
 P.O. Box 1587                                                                 
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-4359                                                    
 POSITION STATEMENT:  Testified on HB 150                                      
                                                                               
 FORREST BROWNE, Debt Manager                                                  
 Treasury Division                                                             
 Department of Revenue                                                         
 P.O. Box 110405                                                               
 Juneau, Alaska  99811-0405                                                    
 Telephone:  (907) 465-3750                                                    
 POSITION STATEMENT:  Testified on HB 150 and HB 53                            
                                                                               
 MARGOT KNUTH, Assistant Attorney General                                      
 Central Office                                                                
 Criminal Division                                                             
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska  99811-0300                                                    
 Telephone:  (907) 465-4338                                                    
 POSITION STATEMENT:  Testified on HB 150 and HB 53                            
                                                                               
 KATHRYN THOMAS, Chair                                                         
 Alaska State Chamber of Commerce                                              
 217 Second Street, Number 201                                                 
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-2323                                                    
 POSITION STATEMENT:  Testified in support of HB 53                            
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-37, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN JOE GREEN called the House Judiciary Standing Committee              
 meeting to order at 1:07 p.m.  Members present at the call to order           
 were Representatives Green, Bunde, Porter, Rokeberg, James, Croft             
 and Berkowitz.  This meeting was teleconferenced to Kenai, Mat-Su,            
 Anchorage and Seward                                                          
                                                                               
 HB 150 - LEASE-PURCHASE SPRING CREEK CORRECTIONAL                             
                                                                               
 Number 0010                                                                   
                                                                               
 CHAIRMAN GREEN announced the first item on the agenda, HB 150, "An            
 Act giving notice of and approving a lease-purchase agreement with            
 the City of Seward for the construction and operation of an                   
 addition to the Spring Creek Correctional Center, and setting                 
 conditions and limitations on the facility's construction and                 
 operation."                                                                   
                                                                               
 Number 0070                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS, Sponsor of HB 150, said this bill                  
 authorizes a lease purchase between the state and the city of                 
 Seward which will expand the Spring Creek Correctional Facility.              
 This facility is the only maximum security prison in the state of             
 Alaska and was designed with this expansion in mind.  With the                
 conditions of the prison system; the overcrowding, the contracting            
 to send prisoners to Arizona and other legislation in front of the            
 committee about the prison system, there is no question about the             
 need to support additional prison space in the state.  It is his              
 understanding that this expansion does not create any competition             
 with any private proposals, as there are no private proposals which           
 address maximum security.  There are probably some prisoners                  
 classified as close, who are in Spring Creek and possibly in other            
 facilities.  It was his understanding that HB 150 was not a                   
 competitive proposal.                                                         
                                                                               
 REPRESENTATIVE DAVIS estimated a $25 million cost for the                     
 expansion.  The Department of Corrections (DOC) provided higher               
 numbers, this is a negotiable item.  There have been cost estimates           
 put together by companies with whom the city of Seward feels                  
 comfortable.                                                                  
                                                                               
 Number 0320                                                                   
                                                                               
 REPRESENTATIVE ERIC CROFT asked how many additional beds this                 
 expansion would provide.                                                      
                                                                               
 REPRESENTATIVE DAVIS answered that it would be 250 beds.                      
                                                                               
 REPRESENTATIVE CROFT asked if the community was supportive of                 
 having this facility.                                                         
                                                                               
 REPRESENTATIVE DAVIS said the city was supportive of this                     
 expansion.  He referred to attempts to build prisons and half-way             
 houses in various communities with little success because of the              
 lack of community support or community antagonism.                            
                                                                               
 REPRESENTATIVE CROFT stated the cost for this expansion was a cost            
 of around $100,000 per bed, a figure that is lower than some of the           
 costs he has seen.  He asked why that cost was so competitive.                
                                                                               
 REPRESENTATIVE DAVIS referred that question to the witnesses from             
 Seward.                                                                       
                                                                               
 Number 0486                                                                   
                                                                               
                                                                               
 LOUIS BENCARDINO, Mayor, City of Seward, referred to a packet of              
 information located in the committee file.  In the packet was a               
 resolution passed by the city council of Seward in favor of this              
 project, the vote was unanimous.  The council and the community               
 were very supportive of this project.  No one has complained about            
 not wanting this expansion.  The current facility is located across           
 the bay, in back of the mountains and he felt that this was one of            
 the reasons why people were in favor of the expansion.  The prison            
 is located in an industrial area.  They felt, that in the future,             
 this facility could be more aggressive in having projects for the             
 prisoners.  More could be done to keep those prisoners busy.                  
                                                                               
 MR. BENCARDINO said there is a good working relationship with the             
 prison guards and other members of the community.  There was                  
 concern about whether or not there would be additional room if more           
 guards came to live in Seward, but he said this was not a problem.            
 There are several subdivisions, some of which have just begun to              
 house these people.  There is a fair sized subdivision right in the           
 middle of Seward which the city is willing to help put together to            
 make it available.  Thirty homes are on the market in Seward around           
 the $100,000 to $130,000 price range.                                         
                                                                               
 MR. BENCARDINO stated that the city of Seward could meet the market           
 if this facility is expanded.  Prison employees have and are                  
 currently working on planning and zoning committees.  He thought              
 the DOC has placed more emphasis on hiring locally.  There was a              
 problem when people from other parts of the state took jobs in                
 Seward with the intention that they could be transferred after a              
 year.  When this didn't happen, some employees became unhappy.                
 When the prison was opened, Anchorage went through a big slump and            
 so some of these employees couldn't sell their house, they couldn't           
 move without a loss.  Currently 70 percent of the employees live in           
 Seward.  Modifications could be made to help with this issue.  This           
 facility can be built without overruns because Seward wants it to             
 be built.                                                                     
                                                                               
 Number 0798                                                                   
                                                                               
 RON GARZINI, City Manager, City of Seward, discussed the                      
 differences in the building techniques and where the money would              
 come from for the expansion.  In 1984, the city was a conduit                 
 financier.  The city entered into a lease with the state of Alaska,           
 Department of Administration, for a certain number of beds which              
 were authorized by the legislature.  The city went forward with the           
 financing, but part of this financing was a transfer of                       
 responsibility agreement with the state Department of                         
 Transportation and Public Facilities (DOT/PF).  The city received             
 the money, previously appropriated by the legislature, did the                
 financing, accumulated a pot of money and then transferred the                
 responsibility back to DOT/PF.  He expressed frustration at being             
 criticized for the construction project when, as far as he was                
 concerned, the city did not have the project for more than ten                
 seconds.  Their role was a signature in order to receive the money,           
 and a signature for transferring the responsibilities.                        
                                                                               
 MR. GARZINI stated that the project was designed by an engineering            
 firm headquartered and operated out of Bellevue, Washington.  The             
 project was built a foot and a half too low, when it rains the                
 ground gets wet and there is a standing sheet water.  If this                 
 facility is expanded, it will be elevated at least a foot and a               
 half.  He expressed frustration at some of the problems he had when           
 working with state agencies.  He was able to get some assistance              
 from Governor Sheffield, who set up a liaison who was responsible             
 for coordinating all the factors of the project.  It was initiated            
 by DOT/PF, upon review by the DOC.  Once the documents were signed,           
 the trustees released the money to pay the contractors.  He said              
 his sole role was to oversee that the budget was maintained.                  
                                                                               
 MR. GARZINI explained that the city of Seward would like a single             
 point of contact.  He suggested doing a true lease, as if the state           
 were leasing from the private sector.  He said, instead of                    
 reverting it back to DOT/PF to build, he would rather provide for             
 DOT/PF oversight on the job, provide for DOC oversight, provide for           
 a review from the Department of Revenue (DOR) which they want in              
 the lease document.  If the DOR wanted to hire the underwriter to             
 raise the money, he questioned who would care.  The only thing he             
 wanted to do was to have the city's financial advisor provide                 
 advice to the council on whether or not it is a good deal for the             
 city.                                                                         
                                                                               
 MR. GARZINI said, in terms of DOT/PF oversight, they should be able           
 to review the design, make sure that what the state is getting is             
 appropriate and even co-sign the money being released.  He did not            
 think that DOT/PF needed to be in charge of the project.  In                  
 discussions with Commissioner Perkins, he did not seem opposed to             
 this suggestion.                                                              
                                                                               
 MR. GARZINI went to a private contractor, the contractors who are             
 building another project in Seward, who are credible.  They quoted            
 an estimate for $20 million for 200 beds, which he totaled to $25             
 million for 250 beds.  Fortunately, Spring Creek was supposed to be           
 doubled in size.  The price is good, but there are probably a few             
 other costs in response to concerns about the kitchen capacity.  If           
 the legislature allows this project to happen, a bigger budget                
 could be created but suggested that a tight control be maintained             
 on what costs will be allowed.  The city will administer the                  
 project with DOT/PF and the DOC.                                              
                                                                               
 MR. GARZINI did not feel this was a high tech building.  He                   
 presented the figure of $26.7 million.  The one mistake he made was           
 that there was capitalized interest during construction.  The city            
 borrows the money and has to start making payments before it is               
 occupied.  An estimate has been given on that cost.  If the city              
 borrows $25 million, there would be $23,480,000 available, by their           
 best estimate, for construction.  It would give the state                     
 approximately 230 beds.  As you go forward with the finance                   
 committee and look at the number of beds you want, the city feels             
 that it could be done for about a $100,000 a bed if there are no              
 variations from the plan of just providing bed space.  If the state           
 wants to put money into the infrastructure; improve the gym or                
 kitchen, a limit needs to be stated and then the city would                   
 administer it.                                                                
                                                                               
 MR. GARZINI said there is a degree of risk to the city, but he was            
 willing to build it in such a way that the city council would                 
 accept the risk.  The city would design it, get financing, bid the            
 project, get a qualified contractor to give a firm bid and then the           
 city would close the financing.  He wouldn't close the financing or           
 even seek to close the financing until the bid was in hand, against           
 an approved design and an assessment of risk.  If the assessment              
 stated there was minimal risk, the contract would be awarded.  This           
 is how it was handled last time.  There was a contingency built in            
 for changes, should they occur.  He did not see a great deal of               
 risk if this project is done right.                                           
                                                                               
 Number 1230                                                                   
                                                                               
 CHAIRMAN GREEN asked if this expansion would be a mirror image to             
 what is there.                                                                
                                                                               
 MR. GARZINI referred to the packet of information with a picture of           
 the existing Spring Creek Correctional Facility.  They are                    
 proposing an expansion of the remaining bedroom units.                        
                                                                               
 CHAIRMAN GREEN asked if 250 beds was the upper limit.  He wondered            
 if 300 beds could be built for $30 million.                                   
                                                                               
 MR. GARZINI said this question could be worked out between the city           
 and the DOC.  Spring Creek was built with 750 beds in mind; 375               
 beds were originally built and there are currently 450 beds in the            
 existing facility.  The upper rows of the facility are double                 
 bunked.  This expansion talks about single bedroom units costing              
 about $100,000.  The DOC could always add more beds, provided that            
 they didn't get into Cleary problems.  He said this is a dialogue             
 that should occur between the legislature and the DOC, with                   
 eventual discussions with the city of Seward if they become the               
 agent to build this expansion.                                                
                                                                               
 CHAIRMAN GREEN asked how long this project would take.                        
                                                                               
 MR. GARZINI said he would like the legislature to think about                 
 putting a timetable in HB 150.  One of the things that happened               
 during the initial construction was that when the Administration              
 said to move on this, the project got done.  The executive branch             
 and the city can move quickly if there is a timetable.  He added              
 that these are dollars which could stay in the state.                         
                                                                               
 CHAIRMAN GREEN asked if there had been discussions with                       
 Commissioner Pugh.  In earlier testimony, she said there is an                
 ideal size for a facility and that once you got beyond it problems            
 with the inmates are created.  He asked if the expansion would                
 create the sort of problems she suggested.                                    
                                                                               
 Number 1386                                                                   
                                                                               
 MR. GARZINI deferred the question to the commissioner.  He said, in           
 terms of the community, a 750 bed facility was not a problem.                 
 Completing Spring Creek Correctional Facility was an issue that was           
 favored by the city of Seward.                                                
                                                                               
 Number 1422                                                                   
                                                                               
 REPRESENTATIVE JEANNETTE JAMES referred to the fact that only one-            
 third of the facility had been built and looking at the picture she           
 did not see how another wing could be built.                                  
                                                                               
 MR. GARZINI said one picture shows the site plan, and another                 
 picture shows what has been built.  The prison site acreage is                
 exceedingly large.                                                            
                                                                               
 REPRESENTATIVE JAMES asked if the reason for the small unit price             
 was because it was an expansion, not construction of a total                  
 facility.                                                                     
                                                                               
 MR. GARZINI confirmed this.  He said there was a gymnasium,                   
 counseling areas, administrative quarters, fencing, parking,                  
 heating systems, etc., which would be cost factors if you were                
 starting from scratch.  The sewer treatment plant was built                   
 oversized; it was designed for 1,600 people.  The water tank was              
 put on the other side of the facility, above it, so an additional             
 water infrastructure wouldn't be needed.  The power facilities were           
 right there.  Renovations might need to be done, but the bedroom              
 units are all that the city feels would be essential.                         
                                                                               
 Number 1530                                                                   
                                                                               
 CHAIRMAN GREEN said the cost is half of what another estimate was.            
 The thought was that the city was either bidding low, thinking low            
 or else these ancillary facilities would cost another $100,000 a              
 bed.                                                                          
                                                                               
 MR. GARZINI answered, in a nutshell, that he gave the contractor              
 the detailed bid documents.  The contractor gave them back the                
 price, for maximum security bedroom units.  This expansion could be           
 built cheaper, but not for maximum security prisoners.  As long as            
 you don't build a lot of infrastructure or load up with a lot of              
 overhead, the city was prepared to only charge for his time and the           
 city engineer's time to put this together.                                    
                                                                               
 CHAIRMAN GREEN compared this bid with other indications which were            
 quite a bit higher; those other facility estimates were for a stand           
 alone facility.                                                               
                                                                               
 MR. GARZINI said a new, stand alone facility would have to pay for            
 water, sewer, access, recreational facilities, et cetera.                     
                                                                               
 CHAIRMAN GREEN asked if those additional things would total another           
 $100,000.  Would it be $200,000 for a stand alone facility or would           
 it be a different figure.                                                     
                                                                               
 MR. GARZINI said he did not price anything outside the existing               
 facility.  He did accept the fact that there might need to be some            
 changes.                                                                      
                                                                               
 Number 1635                                                                   
                                                                               
 REPRESENTATIVE CON BUNDE alluded to the sheet water problem.  He              
 asked if this area was the best place to build.                               
                                                                               
 MR. GARZINI answered that if this is a concern of the legislature,            
 he would provide a registered hydrologist statement that the site             
 was secure and safe, prior to getting financing.  There are two               
 problems with the water.  The first is the sheet water, the                   
 facility was built too low and the second one is the Fourth of July           
 Creek.  As city manager, he is obligated to secure the creek                  
 because of the shipyard and the dock which employees about 200                
 employees in the fish processing industry.  In discussions with the           
 city engineer, the amount of money needed to secure the creek would           
 be $400,000.  This money would prepare a complete mining plan,                
 clean the creek out and rip rap it, build finger dikes to train the           
 river back.  The creek needs to be dealt with.                                
                                                                               
 REPRESENTATIVE BUNDE suggested that $400,000 would just begin the             
 environmental impact statement.                                               
                                                                               
 MR. GARZINI explained that there are no fish in the creek.                    
                                                                               
 REPRESENTATIVE BUNDE asked, if the factors remained the same, how             
 many additional state employees would be employed by the expansion.           
                                                                               
 MR. GARZINI clarified that the state is exporting close to 250                
 inmates, who are being incarcerated down south.  He did not view              
 the operating costs for these beds as a great new increment because           
 the state is already paying it.  There will be some state employees           
 involved and referred to information presented by the DOC.  The               
 cost might be greater than shipping them outside the state, but it            
 shouldn't be much greater.  The capital costs are being kept down,            
 for the most part you would only have to add guards.  The                     
 infrastructure is there physically and administratively.  The                 
 number 250 was picked because it was the number of inmates being              
 sent down to the Lower 48.                                                    
                                                                               
 Number 1795                                                                   
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG referred to cost estimates from the            
 DOC for the operations.  He calculated that given this bill and the           
 fiscal note from the Department of Corrections it would cost $112             
 a day to house a prisoner.                                                    
                                                                               
 MR. GARZINI said this amount seemed high.                                     
                                                                               
 REPRESENTATIVE ROKEBERG said he took the numbers out of the bill              
 packet; $7.483 million to operate it and $2.702 million for the               
 debt service which is the maximum on the bill itself.  He referred            
 to a letter by the superintendent of Spring Creek Correctional                
 Facility about his feeling that operating the facility could cost,            
 on a per day basis, $52 dollars.                                              
                                                                               
 MR. GARZINI had the finance director take the $20 million estimate            
 to construct which the contractor, Strand-Hunt, gave the city and             
 added it to the estimated cost by the superintendent of Spring                
 Creek.  The superintendent talked about the cost of the new                   
 increment, which is different than the numbers to which                       
 Representative Rokeberg referred.  The numbers Representative                 
 Rokeberg took used the total facility and the total cost and                  
 blended them into a number.  The new increment might be a few                 
 dollars different, it would take the cost per bed capital, the                
 number of prisoners, and the new increment of guards which adds up            
 to a $50 to $60 price.  He said the increment of addition is                  
 probably $60 per bed per day.  Blending these costs into the                  
 hundred that you are paying now should be less than $112.  He was             
 attacking the price of the exported prisoners which he thought was            
 $80 a bed per day.                                                            
                                                                               
 REPRESENTATIVE ROKEBERG stated that when it costs $10.185 million             
 a year to operate the new increment, that is what it costs.  An               
 argument could be made that Alaska is exporting jobs; even with the           
 $59 a day, adjusted up to $62 a day for the Arizona Correction                
 Corporation of America (ACCA) contract.                                       
                                                                               
 Number 1965                                                                   
                                                                               
 MR. GARZINI said the $2.7 million covered against the 250 new                 
 prisoners with the staff increment, as described, combined to a $60           
 rate.  If you blend this cost into the total facility, you get a              
 higher number.  The number of beds that was attempted was the                 
 number of exported prisoners.  The city believed that they could              
 come very close to the exported price with this expansion.  He said           
 it was hard for him to imagine that a $7 million operating                    
 increment was needed to serve 250 new prisoners.                              
                                                                               
 CHAIRMAN GREEN said he was going to stop this discussion because              
 there was not any substantiated figures from the person who devised           
 the fiscal note.  This figure might be a projection from what they            
 are spending now.                                                             
                                                                               
 REPRESENTATIVE ROKEBERG suggested that Mr. Garzini needed an                  
 opportunity to look at the fiscal note.                                       
                                                                               
 JOAN BENNETT-SCHRADER, Representative, Coalition of Labor Union               
 Workers-Mt. Redoubt Alaska Chapter, had a couple of questions.  She           
 referred to Section 1 and said it mentions the construction and               
 operation of a correctional facility.  This would mean an expansion           
 at Spring Creek.  The first question was; what does the city of               
 Seward operate in the facility or how does the city put the                   
 operations out to bid.  The second question was; if operations are            
 put out to bid, if the city of Seward would privatize.  The third             
 question was; should the city privatize, where is the hold harmless           
 clause for the state of Alaska.                                               
                                                                               
 MS. BENNETT-SCHRADER said there did not seem to be any mention in             
 the list of limitations on how the operations would be governed.              
 Aside from that concern, she believed the communities were fully in           
 support of an addition to the existing prison.                                
                                                                               
 Number 2103                                                                   
                                                                               
 REPRESENTATIVE DAVIS said the intent is to expand the Spring Creek            
 facility and its operations as it is currently operated.  The                 
 intent is a state run prison, no privatization.  As soon as the               
 addition is built, the state would control and operate the facility           
 under lease.                                                                  
                                                                               
 Number 2127                                                                   
                                                                               
 FORREST BROWNE, Debt Manager, Treasury Division, Department of                
 Revenue, said there is some confusion on lease financing.  The                
 division looks at any lease, such as the one proposed, as state               
 debt.  The DOR is always going to look at minimizing state debt.              
 He suggested that the bill, essentially, did not specify who would            
 be the nominal issuer of the state debt.  The city of Seward is               
 specified in HB 150.  The division thinks this would give the state           
 bond committee maximum flexibility to get the most cost effective             
 financing possible.                                                           
                                                                               
 MR. BROWNE said typically, if the city is specified and the state             
 is required to use that structure, there are not the advantages of            
 scale.  The state can't package this financing with other financing           
 which might occur at the same time this financing is going through.           
 The national financial markets respond well to relatively large               
 packages.  Frankly, some of the lease financing which is being                
 looked at are small, so the per unit cost of issuance becomes very,           
 very high.                                                                    
                                                                               
                                                                               
 MR. BROWNE said, secondly, the city would plan to hire a financial            
 advisor in this transaction.  The state has a financial advisor,              
 the state has bond counsel and oftentimes the city would want to              
 have their own counsel.  In effect there is a doubling up of                  
 financing expenses.  Those are some suggestions the DOR would make            
 if flexibility was given through the state bond committee in the              
 final structure of this debt, which would minimize the interest               
 cost of debt and the cost of issuance in the future.                          
                                                                               
 MR. BROWNE said, currently, this facility has about $31 million of            
 debt.  Several weeks ago, when interest rates dipped, the division            
 was in the process of starting a refinancing.  The DOR is                     
 constantly in touch with the national financial markets.  When                
 rates come down, the DOR sees an opportunity to refinance, it has             
 been able to do this over the years without legislative approval as           
 long as the operating cost can be reduced.                                    
                                                                               
 MR. BROWNE recommended that the possibility of refinancing be                 
 linked with the new financing, so that if the DOR goes to market              
 they wouldn't be limited to seeking financing for $25 million.  The           
 DOR might be able to combine financing and go to market for $56               
 million which would allow them to appeal to a broader market of               
 national investment bankers who would bid on this financing.  It              
 would also allow one set cost of issuance.  These suggestions could           
 accomplish the goals of HB 150 and yet give DOR the flexibility to            
 minimize future costs over the next 18 years.                                 
                                                                               
 Number 2261                                                                   
                                                                               
 CHAIRMAN GREEN said, by combining this through the state and                  
 reducing the total package, it might be more beneficial than for              
 the city to seek financing from some other institution.                       
                                                                               
 MR. BROWNE answered that it could be to the state's benefit if a              
 reference is made in the bill to the possibility that we might have           
 to refinance.  It gives DOR the ability to refinance one package.             
                                                                               
 CHAIRMAN GREEN said if the city is going to seek financing other              
 than through the state, then an analysis would have to be made to             
 figure out where it works most advantageously.                                
                                                                               
 MR. BROWNE did not believe the city of Seward was seeking financing           
 outside of the state.  This financing would be done based on the              
 state's credit, so, in a sense it is state debt.  The DOR is                  
 suggesting that if the legislature is not tied to doing it                    
 specifically with the city of Seward, the DOR may package the                 
 financing with the approved facility in Palmer at the airport.  It            
 might be possible to combine these facilities together if the                 
 timing is right.  The DOR wouldn't slow down the progress, but it             
 would give them more flexibility.  Flexibility can result in lower            
 financing cost.                                                               
                                                                               
                                                                               
 CHAIRMAN GREEN said he was not aware that they would not be able to           
 finance.                                                                      
                                                                               
 Number 2320                                                                   
                                                                               
 REPRESENTATIVE JAMES referred to the city's experience on the                 
 construction of the original facility when they had no actual                 
 control over the project, yet the city has been blamed for some of            
 the things that have gone wrong with the facility.  If this                   
 expansion happens and the bonding would be done through the DOR,              
 she asked what kind of a guarantee would the city have that there             
 would be sufficient control over the construction of the facility             
 to avoid future blame.                                                        
                                                                               
 MR. BROWNE said the DOR is only interested in the financing part of           
 this expansion.  It doesn't matter to them whether the city had the           
 construction contract, it went through DOT/PF or a third party                
 private vendor.  Because the DOR is signing the lease they would              
 like to be the ones who go to the bond rating services, the                   
 underwriter, put it together and then have the ability either to              
 package it with other financing, and to refinance it without having           
 to get a city council resolution.  Sometimes in the financial                 
 markets, the ability to move quickly can save a considerable amount           
 of money.  This is the only aspect of the bill that DOR is                    
 interested in, so it should not impact who would be the                       
 construction supervisor.                                                      
                                                                               
 Number 2386                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if the due convenience of the                   
 existing obligation allowed a separate type of financing for any              
 potential expansion.  He asked if it was possible for the city of             
 Seward to finance the expansion without taking into account the               
 existing obligation.                                                          
                                                                               
 MR. BROWNE answered that it might be possible, but you would have             
 to legally define the area.  To the extent that they share common             
 offices, gymnasiums, or rest areas would be complicated if they               
 were to have two separate financing agreements.  This is another              
 reason why DOR felt having the flexibility to package the                     
 financing, do the refinancing as well as the new financing might              
 simplify the legal complications having to do with creating a                 
 security interest for the bond holders, separate from the security            
 interest of those who bought the bonds eight years ago in the                 
 original financing.                                                           
                                                                               
 REPRESENTATIVE ROKEBERG asked about that particular serial, what              
 are the coupon rates and the longest maturities and how much does             
 DOR think they could save on a refinancing.                                   
                                                                               
 MR. BROWNE said DOR has about nine years to go on the previous                
 financing.  The rates, about three weeks ago, were about 62 basis             
 points, that is .6 percent per year over the market rate at that              
 time three weeks ago.  He did a present value calculation which               
 included the extra cost of issuance of issuing another $31 million            
 and paying off the old bond holders with the net savings to the               
 state at approximately $1.1 million.  This figure changes from time           
 to time.  He added that, in his example, he could not have moved              
 quickly because there would have been another municipality                    
 involved.  If the future structure is the one DOR is proposing                
 where the state controls the financing, then when DOR sees an                 
 opportunity sometime down the road when interest rates dip they               
 might be able to maximize those savings.                                      
                                                                               
 TAPE 97-37, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER asked if DOR could provide language.              
                                                                               
 MR. BROWNE said they would come up with language and then work with           
 the sponsor regarding that language.  They tried, on each line, to            
 indicate what their counsel suggested would be the minor changes              
 which would facilitate the financing at the best cost.                        
                                                                               
 Number 0021                                                                   
                                                                               
 REPRESENTATIVE ETHAN BERKOWITZ referred to the comment by Mr.                 
 Browne about the beneficial results of state control in terms of              
 the bond rating and asked him to explain this a little more.                  
                                                                               
 MR. BROWNE provided an example, last week the housing finance                 
 authority received a triple A rating from Standard and Poor's.                
 Very few people know that this was a result of careful discussions,           
 analysis and projections given to those bond rating services by a             
 combination of the state and that particular agency.  If the DOR is           
 careless and if they delegate to other people, the responsibility             
 which he felt the state has, to represent its financial condition             
 to the financial community, the state runs the risk that their                
 condition is not conveyed in the most positive manner.  This would            
 be an additional reason why the DOR would like the state to be                
 involved.  Because it is state debt, the state is paying the bills            
 and would suffer the consequences.  In this proposed language                 
 change, this debt would be considered as all other state debt.                
 When the state is in talking to the bond rating services or when              
 investment bankers come to Juneau, the DOR would talk to them about           
 this project as well as others that are going; General Obligations            
 (GO) bonds, other lease financing, international airport, housing             
 authority, Alaska Industrial Development and Export Authority                 
 (AIDEA), and so forth.  This expansion project would become a part            
 of the state's overall debt management program which they are                 
 trying to do on a professional basis to minimize the cost.                    
                                                                               
 Number 0096                                                                   
                                                                               
                                                                               
 REPRESENTATIVE BERKOWITZ said, as he understood it, the impact here           
 is a $25 million obligation.  He asked if it was subsumed within              
 the state obligation whether it would be minimal overall.  Whereas            
 if Seward or some other entity would do it then there could be                
 major consequences.                                                           
                                                                               
 Number 0115                                                                   
                                                                               
 MR. BROWNE said DOR is not saying that Seward could not do this               
 financing efficiently, they certainly could do it.  The DOR is                
 saying that if they had the flexibility, either to do it through              
 Seward or through some other nominal issuer, combine it with the              
 refinancing or perhaps combine this one with other financing that             
 DOR would be doing around the same time, these things might result            
 in some efficiencies.  They did not suggest that Seward couldn't do           
 this particular financing fairly efficiently.  He referred to the             
 physical segregation of the security interest, there has to be                
 legal definition.  He felt this could be troublesome to the extent            
 that you had some common areas that both groups of bond holders               
 would want to have a security interest in.  It could be done in the           
 manner proposed, but DOR feels they have a better way of doing it             
 which in the long run could save the state considerable money and             
 could give them future flexibility.                                           
                                                                               
 Number 0163                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked if Seward were to issue the bond               
 itself, would it impact the state bond rating.                                
                                                                               
 MR. BROWNE said Seward would issue the bonds only through the                 
 state's credit, which would affect the state's bond rating.  It               
 would be part of the state's overall debt capacity, it would get              
 into the ratios and the formulas.  The city of Seward would not               
 have a national credit rating to issue these bonds on their own.              
 In a sense it is state debt even though it is referred to as a                
 lease.  The word lease is a bit of a misnomer.  It was a developed            
 technique so that states don't have to go to the voters to get                
 approval to incur debt.  From a constitutional standpoint it is not           
 considered debt, but most people in the business, who work with               
 this every day, consider it debt as a practical matter in terms of            
 the bond rating, debt capacity and those sort of things.                      
                                                                               
 Number 0222                                                                   
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Central Office, Criminal            
 Division, Department of Law, said she is working with the                     
 Department of Corrections on some of their expansion initiatives.             
 Alaska has expansion needs in several areas and in different                  
 custody levels.  The most urgent need is medium security beds.  To            
 that extent the Spring Creek project, although definitely on the              
 list for expansion, was further down the state's list of                      
 priorities.  The community of Seward's enthusiasm for the project             
 has brought this project up to the point where it is a part of the            
 discussion of the state's whole plan.                                         
                                                                               
 MS. KNUTH did not think it was realistic to expect to bring back              
 anyone from Arizona with this expansion because Alaska is so far              
 behind in prison construction that new people would be put in those           
 beds.  This expansion could slow the export of prisoners to                   
 Arizona.  The state is about 260 prisoners a year behind in space.            
 Of that number, 60 prisoners are appropriate for halfway houses,              
 community correctional centers and 200 of that number are                     
 appropriate for hard beds.                                                    
                                                                               
 MS. KNUTH said there needs to be a discussion about what needs to             
 be done to get another 250 prisoners to Spring Creek.  The state              
 feels that more needs to be done to the infrastructure than the               
 city of Seward is contemplating.  Initially the facility was built            
 for a population of 250, or less than 250 prisoners, with the                 
 thought of doubling that number.  The infrastructure was built for            
 approximately 500 prisoners.  The doubling of the number happened             
 through double bunking, so there is not the structure for the                 
 additional beds.  The land is vacant, but the additional prisoners            
 are already there.  The facility is overcapacity.                             
                                                                               
 MS. KNUTH said there are some things which do not need to be built,           
 but some things would need to be expanded such as the kitchen                 
 facilities.  Discussions would determine what things need to be               
 expanded.  If this prison expansion is part of a package of                   
 bringing more prison beds to Alaska, the DOC is interested in the             
 issue and in participating in conversations about it.                         
                                                                               
 Number 0376                                                                   
                                                                               
 CHAIRMAN GREEN suggested that some of those overcrowded prisoners             
 could transfer over.  If it is a higher security prison, transfers            
 could be made so that other prisoners could go to less secure                 
 prisons.                                                                      
                                                                               
 MS. KNUTH said this was correct.                                              
                                                                               
 REPRESENTATIVE ROKEBERG asked if there was a prison expansion plan            
 in the state.  He asked if there was anything in writing.                     
                                                                               
 MS. KNUTH brought a chart and an abridged version of the plan.                
                                                                               
 Number 0444                                                                   
                                                                               
 REPRESENTATIVE JAMES referred to the problems in other communities            
 and asked if there was any other community that has an existing               
 facility and has come forward and asked for an expansion.                     
                                                                               
 MS. KNUTH said yes, there are several including Palmer.  Palmer is            
 where the state would get the most beds for the dollars because               
 their infrastructure is underutilized now and was built                       
 specifically for an expansion.  In Bethel, the Yukon-Kuskokwim                
 facility wants and needs expansion.  MatSu pretrial is another                
 facility where the community is interested in having this happen.             
 She said the Fairbanks facility needs an expansion, but that                  
 community has not come forward in the same way that other                     
 communities have, which makes it lower on the list.  Highland                 
 Mountain is another one which is high on the state's list, but that           
 community specifically does not want a greater number of prisoners.           
 There are different levels of enthusiasm and non-reception                    
 throughout the state.                                                         
                                                                               
 REPRESENTATIVE JAMES mentioned that she never brought up Anchorage.           
                                                                               
 Number 0550                                                                   
                                                                               
 MS. KNUTH answered that the municipality feels there is a need to             
 replace the Sixth Avenue jail.                                                
                                                                               
 REPRESENTATIVE ROKEBERG said the needs for facilities are the                 
 number one priority in the state and asked that the committee not             
 feel that the neighborhood concern which has been expressed is an             
 areawide or a citywide concern in Anchorage.                                  
                                                                               
 CHAIRMAN GREEN took issue that it was jail versus prison, not just            
 geographic.                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG agreed with the distinction, but it does              
 not say that Anchorage is against having a facility.                          
                                                                               
 Number 0600                                                                   
                                                                               
 REPRESENTATIVE ERIC CROFT asked if the price for Arizona included             
 inmate health.                                                                
                                                                               
 MS. KNUTH said the price does not include health care.  One of the            
 ways to get a low cost figure is by having a very select population           
 of prisoners which is what we are exporting to Arizona.  The                  
 prisoners who go to Arizona are the cheapest prisoners that we have           
 the state; they don't have major medical problems, they don't have            
 psychological or social disruption problems, they don't have                  
 special needs for programs.  These prisoners are the absolute bare            
 bone need group of prisoners.  The $62 a day figure does not                  
 include the medical costs and some of the other costs the state               
 incurs.  The actual figure, when those are included, is in the $80            
 a day range.                                                                  
                                                                               
 REPRESENTATIVE CROFT referred to the approximate $7.5 million                 
 fiscal note, with $2.5 million of it designated for inmate                    
 programs, inmate health care and other indirect costs.  He asked if           
 the Arizona figure would take out this amount.                                
                                                                               
 MS. KNUTH clarified that she was not in the best position to answer           
 that question.                                                                
                                                                               
 REPRESENTATIVE CROFT asked if she could find out what the predicted           
 operating life was of this facility.                                          
                                                                               
 MS. KNUTH said she would.                                                     
                                                                               
 HB 53 - LEASE-PURCHASE CORRECTIONAL FACILITY                                  
                                                                               
 Number 0705                                                                   
                                                                               
 CHAIRMAN GREEN announced the next item on the agenda as HB 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."                          
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Central Office, Criminal            
 Division, Department of Law, referred to the committee meeting on             
 March 10, 1997.  She said Representative Mulder did a good job of             
 indicating the problem in this state.  She made a chart to indicate           
 where the institutions are, how bad off they are, which ones can be           
 expanded and what this ends up costing per bed.  She referred to              
 and explained the chart.  Spring Creek is the maximum security                
 facility, the only other place with maximum security to any extent            
 is the Lemon Creek facility in Juneau.  At Spring Creek, $25                  
 million could buy 250 beds if you are just buying the beds.  If you           
 need the infrastructure expansion, then the number of beds you get            
 for you money goes down some.  The analysis, by DOT/PF, is that 166           
 beds could be added if additions to the infrastructure were needed.           
 It is a difference between $100,000 versus $150,000 per bed.                  
                                                                               
 MS. KNUTH referred to the Palmer medium correctional center and               
 said for only $13 million, 221 beds could be provided which equals            
 $59,000 a bed.  The list equals $155 million without including what           
 the North Slope Borough might come in at.  If you were to say $25             
 million was all the legislature would expend this year, this money            
 would buy the 166 to 250 beds in Spring Creek or you could get 221            
 beds in Palmer plus 48 beds in Bethel and 64 beds in Mat-Su                   
 pretrial and 50 beds at Harborview and the Hiland Mountain float.             
 When we make those type of comparisons, it gets tough.                        
                                                                               
 MS. KNUTH said if the legislature were to appropriate $150 million,           
 which is the Governor's six year capital project plan for the DOC.            
 One of the spendier places is the Wildwood correctional center in             
 Kenai because the state is up against the infrastructure wall.                
 When you have to create new infrastructure, the beds end up a                 
 costly $195,000 a piece.  When you finish with that infrastructure,           
 you have a core which will let you expand beyond that so the next             
 set of beds would be closer to the Palmer price of $59,000 a bed.             
 Ultimately when you look at the ten year picture, you have to be              
 thinking about several sets of expansions.  The question is how               
 much to do and where to start.                                                
                                                                               
 Number 0987                                                                   
                                                                               
 CHAIRMAN GREEN clarified that the estimated costs were done by the            
 Department.                                                                   
                                                                               
 MS. KNUTH said the Anchorage figure, $60 million for the 400                  
 replacement beds, is a state estimate.                                        
                                                                               
 Number 1019                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG clarified this was the plan endorsed by the           
 criminal justice task force.  He asked when authorization was made            
 for the North Slope and Harborview facilities.                                
                                                                               
 MS. KNUTH said the North Slope item represents conversations on               
 what the cost is and how many beds.  There is no construction                 
 happening and nothing is authorized.  The North Slope was looking             
 at something which was more expensive than what the state is                  
 comfortable with paying.  The state wanted them to re-evaluate                
 their first estimate which was $42 million for something like 75              
 beds.  The state had listed $15 million for those beds.                       
                                                                               
 REPRESENTATIVE ROKEBERG said the operating costs would probably be            
 high and referred to the fact that it is close to $200 a day for              
 community jails in Barrow.  He referred to Spring Creek and the               
 estimated operating costs with his calculation being $112 a day               
 based on the fiscal note and the debt service.                                
                                                                               
 MS. KNUTH was not able to concur.  The staff numbers are accurate             
 on the fiscal note, they have two more people guarding the                    
 prisoners at any given moment which is what is being estimated for            
 250 additional prisoners.  It actually takes 44 new positions to              
 have two people there at any time.  This component of the fiscal              
 note is straightforward.  When nonpersonnel costs are looked at,              
 those are done through an averaging system and those may be high on           
 this note.  If the state was able to track down actual numbers, it            
 could bring the note down , but she did not have enough information           
 about that to tell the committee more except that it is high on               
 this note.                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG clarified that there are significant                  
 operational variables with each geographical location in the state.           
 It was his contention that if the state had a larger facility there           
 would be greater economies of scale and therefore a lower per bed             
 operating cost.                                                               
                                                                               
 MS. KNUTH said this would be the case to the extent that you could            
 do that.  Alaska has a lot of pretrial felons who need to be in               
 their community for access to court as well as housing short term             
 misdemeanants where it doesn't pay to ship them to Arizona or                 
 somewhere else in the state.  There is a break down of how many               
 inmates are sentenced felons, versus the pretrial felons, versus              
 misdemeanants.  All Wildwood inmates are essentially pretrial,                
 except for an occasional in and out prisoner depending on what is             
 happening spacewise elsewhere.  To a certain extent, a lot of the             
 numbers, especially in the jail area, are not flexible.  Whereas              
 prison numbers do tend to be more flexible.  When you have someone            
 with a year or more to serve, then you can move them to where you             
 can house this economy of scale.                                              
                                                                               
 Number 1305                                                                   
                                                                               
 CHAIRMAN GREEN clarified that the location and the type of facility           
 creates as large a variation in cost as the size of the facility.             
                                                                               
 REPRESENTATIVE ROKEBERG referred to the Yukon-Kuskokwim facility              
 where it cost $149 a day per bed and asked if there was a number of           
 misdemeanants who could be in soft beds in that community.                    
                                                                               
 MS. KNUTH said there are three components of a general corrections            
 plan: try to reduce the number of people who are going into the               
 system, within that number to try to maximize the number who could            
 go into halfway houses which are soft beds; for those prisoners who           
 have to be in hard beds, make sure that those beds are available;             
 and the third part is to try to get people out of those hard beds             
 in a manner which is consistent with public safety.  The greatest             
 complaint about corrections is that there should be more use of               
 halfway houses, more soft beds.  She said the DOC is doing the best           
 that they can.  All the available beds have been filled.  There               
 will always be a need for more soft beds and the state will always            
 be utilizing them, but the state also needs hard beds.  The state             
 gets prisoners who could not be put into soft beds because it would           
 not fulfill the mandate of protecting the public.                             
                                                                               
 Number 1460                                                                   
                                                                               
 CHAIRMAN GREEN asked what the reluctance was to use other forms of            
 surveillance, such as electronic surveillance for non-violent                 
 felons and misdemeanants so that a bed would not have to be taken.            
                                                                               
                                                                               
 MS. KNUTH said this is an area that is being entered into.  One of            
 the elements of reluctance is that when the state gives the court             
 system additional tools, they don't think of them as alternatives.            
 The court sees it as one more thing to do.  If you were to add                
 electronic monitoring as another option, you must prevent the court           
 from stacking all the conditions on top of each other instead of              
 taking away the jail time.  As electronic monitoring is being                 
 looked at, there needs to be a way in which the court system uses             
 this as an alternative compared to jail time, not just one more               
 part of it.  Under the existing statutory framework, the state does           
 not have the administrative ability to say that a person's sentence           
 was ten days in jail which will be enforced through electronic                
 monitoring.  A statutory fix would be needed before that could                
 happen.                                                                       
                                                                               
 CHAIRMAN GREEN said perhaps this should be considered if it is                
 statutorily fixable.                                                          
                                                                               
 MS. KNUTH said this is a ripe area to look at.                                
                                                                               
 Number 1595                                                                   
                                                                               
 REPRESENTATIVE CROFT asked for an explanation on the chart and why            
 the Palmer facility was so cheap.                                             
                                                                               
 MS. KNUTH explained the chart.  She said Spring Creek would be                
 between $100,000 and $150,000 per bed depending on whether you are            
 getting as many as 250 beds or as few as 166 beds.  The $150,000              
 figure assumes that not only do you need to build a bed, but you              
 also need to build some infrastructure for that bed.  There is some           
 component of a kitchen, a dining room, an additional administrative           
 building.  The price is $59,000 per bed in Palmer because it is the           
 one facility where the core infrastructure is being underutilized.            
 It has an ability to have more people without having to do more               
 than building the beds and expand the fence.                                  
                                                                               
 Number 1733                                                                   
                                                                               
 REPRESENTATIVE JAMES expressed concerns; whether to have private              
 prisons or to continue current operations.  One of the benefits is            
 the smaller cost per day in a private prison because of the                   
 economies of scale.  She asked for information on why you needed to           
 put all these facilities in different communities.  She thought               
 some of those people could be transferred out of those communities            
 and could be moved to a statewide facility.  She also raised the              
 issue of soft beds.  It was her understanding that soft beds could            
 be provided by the private sector.  She asked if the government had           
 deterred or created interest in that issue.                                   
                                                                               
 Number 1857                                                                   
                                                                               
 MS. KNUTH answered that all but six or eight of the soft beds are             
 private, this is the private part of corrections in Alaska at this            
 point.  Those six or eight are contract beds in Barrow.  The state            
 just bought another 13 soft beds this week and are buying them as             
 fast as they can, with whatever money is available to them.  They             
 might have overspent, there may be as many as 75 soft beds                    
 available but the DOC doesn't have money in their budget for those.           
 There is a growing need for soft beds, but they are not a                     
 substitute for hard beds for some of the prisoners.  There is a               
 classification matrix which corrections applies to determine the              
 proper placement.  She wasn't as qualified to speak on                        
 classification, but offered to provide information about it.                  
                                                                               
 MS. KNUTH said the state has had a lot more success in getting soft           
 beds then they have had in expanding the hard bed numbers.  The               
 hard beds require capital expenditures which tend to be quite                 
 large, whereas they are able to buy some soft beds here and there.            
 There are some communities who do not like to have the Community              
 Residential Center (CRC) in their area and there has been some                
 resistance.  There are places where the state would like to have              
 more soft beds, but haven't yet found a good place to put them.               
                                                                               
 MS. KNUTH referred to the economies of scale and cost per day.  To            
 take the Fairbanks correctional center, the people who are there              
 are short term misdemeanants and pretrial felons.  Any of the                 
 felons who have a lengthy sentence to serve are being sent                    
 somewhere else.  They are going to Spring Creek, Arizona, Wildwood            
 or Palmer depending on their classification.  Those prisoners go              
 back to Fairbanks the last six months or 90 days of the sentence.             
 She said this was the same thing in Bethel and Ketchikan because              
 they don't have the space to keep the prisoners there for a long              
 term sentence.                                                                
                                                                               
 Number 2177                                                                   
                                                                               
 REPRESENTATIVE JAMES suggested that the state move some of the                
 people who are qualifying for soft beds into soft beds instead of             
 keeping them in hard beds.                                                    
                                                                               
 MS. KNUTH said it is a matter of percentages, there are some people           
 in hard beds who could go into soft beds, but the state does not              
 have enough soft beds.  Each year the prison population is growing            
 by 260 people.  Of that number, only 60 of them meet classification           
 standards for the soft beds.  Two hundred of those prisoners are              
 dangerous, they need to be isolated and they need hard beds.  There           
 are some hard beds that aren't being utilized in the best way                 
 possible.  This pales in comparison with how short we are on hard             
 beds for the people who belong in them.                                       
                                                                               
 REPRESENTATIVE JAMES asked if it was possible for the hard bed                
 prisoners to be in one facility somewhere in the state.                       
                                                                               
 Number 2300                                                                   
                                                                               
 MS. KNUTH answered that, for prisoners who are in maximum or medium           
 custody who have sentences of over a year, you can send them                  
 virtually anywhere.  There is also an increase in the number of               
 people who are getting short sentences and there is a big increase            
 in the number of people who are pretrial.  For some reason this               
 increase is not going up proportionately.  Judges are giving them             
 sentences of time served in a pretrial status.  Those people can't            
 be sent anywhere.  She could try to get more precise numbers, but             
 out of the yearly increase of 200 hard beds each year something               
 like 30 to 50 of them have to stay local because they are the short           
 term prisoners who can't be transported, with a 100 of the                    
 prisoners being able to transfer.                                             
                                                                               
 TAPE 97-38, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ suspected that the increase in pre-                  
 indictment prisoners has to do with the change in the Anchorage               
 district attorney's office about negotiating cases at the pre-                
 indictment phase and pushing back the process further.  He asked if           
 she could track from the time of arrest to the time of post                   
 conviction and classification when someone becomes hard bed, soft             
 eligible.                                                                     
                                                                               
 MS. KNUTH said she couldn't but Mr. Sauser could provide an answer.           
                                                                               
 Number 0114                                                                   
                                                                               
 CHAIRMAN GREEN said, "it's been said that judges are having a                 
 tendency to, well they're not supposed to be involved, but there              
 has been plea bargaining down from a certain classification which             
 might be, without question a hard bed to a lesser offense that                
 might be more amenable to a soft bed type situation.  Is that, to             
 your knowledge, is that going on?  I know they're not doing it on             
 a bed basis, but they're doing it on what their charge is, but."              
                                                                               
 MS. KNUTH did not feel that the judiciary would be involved.                  
                                                                               
 REPRESENTATIVE PORTER said the question presumes that the only                
 basis for classification is the current charge and there is a much            
 bigger criteria.                                                              
                                                                               
 CHAIRMAN GREEN clarified that what he was saying was there is plea            
 bargaining occurring and as a result of that, what might have been            
 a felony for a hard bed, now becomes a misdemeanor and this                   
 bargaining exacerbates the problem of having more misdemeanants.              
 He said we have enough hard beds, but not enough if we are going to           
 fill those hard beds with misdemeanants.                                      
                                                                               
 MS. KNUTH said most of the beds are being filled by felons who have           
 fairly lengthy sentences.  There are areas where there is a lot of            
 turnover in a misdemeanant population.                                        
                                                                               
 REPRESENTATIVE PORTER asked if there were misdemeanants who would             
 not be suitable for a soft bed.                                               
                                                                               
 MS. KNUTH said there are and Mr. Sauser could explain the                     
 classification.  For example if a prisoner has a recent history of            
 escapes, they are removed from consideration for soft bed                     
 eligibility.  If there is a violence problem they are not sent to             
 a halfway house.                                                              
                                                                               
 Number 0384                                                                   
                                                                               
 FORREST BROWNE, Debt Manager, Treasury Division, Department of                
 Revenue, said the DOR is only interested in the most effective type           
 of financing.  There are two concerns about HB 53; one is the tax             
 exempt versus taxable and the other is, essentially, turning over             
 the arranging of debt for the state to a third party.  The DOR has            
 provided recommendations which satisfy those concerns.  Regarding             
 the first problem; there is no requirement in the bill, as written,           
 that it would use tax exempt financing.  There is an advantage in             
 doing this type of financing which relates to approximately 200               
 basis points, varying a bit from month to month and depending on              
 the term of finance.  In this proposed term, approximately 18                 
 years, the DOR sees a penalty of approximately 2 percent per year             
 on the $90 million financing by using taxable rather than tax                 
 exempt financing.                                                             
                                                                               
 MR. BROWN said because HB 53 does not require the use of tax                  
 exempt, the DOR has prepared their fiscal note under the assumption           
 that taxable financing would be used.  There would be a way to                
 require the state and the third party contractor to abide by a                
 certain U.S. Department of Treasury, IRS regulation having to do              
 with private company management contracts.  Those contracts are               
 fairly narrow, they restrict somewhat the profit making ability of            
 the private contractor which could be a negative in the eyes of the           
 private contractor.  The trade-off is an estimated a $25 million of           
 potential savings on the financing costs.  The suggestion is that,            
 if the legislature wishes to require the use of tax exempt                    
 financing, it should be specified in HB 53, by references made to             
 these IRS management contract guidelines.  He had a copy of those             
 guidelines.                                                                   
                                                                               
 MR. BROWNE said the DOR reading of HB 53 and how this would work,             
 according to their council's opinion, is that absent a requirement            
 it probably wouldn't happen.  A contract would happen which would             
 not fit into the IRS guidelines and therefore taxable financing               
 would be required.                                                            
                                                                               
 MR. BROWNE suggested separating the financing, the arranging of the           
 debt, from the contract to construct the facility and the contract            
 to operate the facility.  If the state retains that financing                 
 flexibility, then the procedure would be as follows: the bill would           
 essentially say that the state bond committee would arrange this              
 debt as any other debt is arranged, approved by the legislature;              
 the state would then solicit bids from private, third party                   
 contractors to construct and manage the facility under the                    
 assumption that they would be paid in full, in cash at the                    
 completion of the facility or you could arrange some progress                 
 payments during the construction; the facility would be constructed           
 and operated pursuant to those agreements as provided in HB 53.               
                                                                               
 MR. BROWNE explained the reason for this suggestion is that DOR               
 thought it would be poor public policy to delegate the                        
 responsibility to someone other than the state.  He questioned                
 having someone, not as familiar with the state and its financing,             
 going to Wall Street, talking to the bond rating services, the                
 underwriters, essentially arranging the credit, using the credit of           
 the state and arranging bonds for a long period of time.   He said            
 they might not be familiar with the Prudhoe Bay curve as well as              
 other positive things that are occurring in the state of Alaska.              
 If there was ever a default in that agreement over the 18 year                
 period, it would reflect back on the state.  He said DOR jealously            
 guards this state credit situation because it has been very hard to           
 get the double A rating which the state currently has.                        
                                                                               
 MR. BROWNE said the second point is that there is no one who could            
 get lower cost financing for the state than the state itself.  The            
 state is in the market, has access on a daily basis.  They feel               
 that the effective cost to the state in terms of financing, which             
 in a sense are going to be paying over the term, is that the state            
 should be the one that would arrange it.                                      
                                                                               
 MR. BROWNE said the third point, in terms of future flexibility, is           
 that the DOR has seen over the years, in these long term debt                 
 instruments, opportunities to refinance them from time to time.               
 The outstanding general obligation bonds were refinanced at a                 
 considerable savings.  The latest refinancing of the international            
 airport resulted in about $7 million of savings.  This has been               
 done from time to time because, in the past, the state has directly           
 controlled the issuance and management of this debt.  They did not            
 feel it would be well advised to leave these potential refinancing            
 profits on the table.  These should accrue to the state and the DOR           
 would like the ability to claim those into the future, instead of             
 letting them go.                                                              
                                                                               
 MR. BROWNE said the fourth point is that the proposed facility,               
 would need to be expanded or renovated.  If the state has direct              
 access to the financial markets, they could do that at any time in            
 the future when the legislature approves it.  If the financing was            
 controlled by a third party, then the state would have to go "hat             
 in hand" to the holder of the financing.  There would be little or            
 no competition in that regard and the state would pay whatever the            
 expansion cost would be.  If the state had control and direct                 
 access to the markets, the additional monies could be raised for              
 the renovation or expansion with a minimized cost and maximum                 
 flexibility.                                                                  
                                                                               
 MR. BROWNE said there is no provision in HB 53 for the state, at              
 the end of the period, to own the land underlying the facility.               
 The DOR would suggest an amendment, since the state is paying this            
 over the 18 year period.  The state would end up not only owning              
 the facility, but the land as well.                                           
                                                                               
 Number 0925                                                                   
                                                                               
 REPRESENTATIVE CROFT asked for clarification on unbundling and how            
 this might affect the state's credit rating.  He asked what is                
 currently bundled in this and how it is different from how it is              
 normally done.                                                                
                                                                               
 MR, BROWNE said, as is proposed in the bill, the third party                  
 contractor would design, construct the facility and then manage it            
 for at least a five year period.  This contractor would also raise,           
 based on the state's credit, up to $90 million.  The DOR thinks the           
 same thing could be accomplished, if the intent of the legislature            
 is to have privatization, by writing the contract that the state              
 would pay cash for the facility when it was completed.  Then the              
 state could go out and do its own direct financing with the                   
 national financing markets.  In either case it will impact on the             
 state's debt and the state's debt capacity, the state's bond                  
 rating.  The DOR would suggest that it would be more advantageous,            
 and we are talking about tens of millions of dollars which could be           
 saved, if this process was used.  The implied goal of HB 53 could             
 be accomplished and yet some flexibility could be retained on the             
 financing.  Essentially having state control, because it is state             
 debt.  You can call it a lease with a third party, but the third              
 party is not providing the credit.  It is the state of Alaska and             
 the agreement that the state has made to make the principle                   
 payments.                                                                     
                                                                               
 Number 1066                                                                   
                                                                               
 REPRESENTATIVE CROFT asked if we have ever let a private entity               
 have this much possible impact on the state's credit rating.                  
                                                                               
 MR. BROWNE did not know of any situation.  Sometimes on small scale           
 leases such as xerox equipment, the automotive fleet or                       
 construction maintenance fleet there may have be instances where              
 the state signs a lease or just goes out and bids.  The vendor                
 effectively ends up doing the financing along with providing the              
 equipment.  He provided an example of where the DOR recently                  
 refinanced $5 million of equipment for the DOT/PF that previously             
 had been bid as a package.  The DOR separated the financing and               
 having closed the transaction had 12 competitive bids which looks             
 like there might be $400,000 of savings in interest costs over the            
 next five years on a $5 million package.  He would suggest that on            
 a $90 million project, potentially millions of dollars could be               
 saved.                                                                        
                                                                               
 REPRESENTATIVE ROKEBERG said that projects such as the Red Dog Mine           
 and Four Dam Pool have been underwritten by AIDEA, so there have              
 been larger projects where there has been correlation with the                
 state's credit.                                                               
                                                                               
 KATHRYN THOMAS, Chair, Alaska State Chamber of Commerce, said her             
 organization represents approximately 700 member businesses                   
 statewide which provide jobs to nearly 70,000 employees.  The                 
 mission of her organization is to create a climate which is                   
 conducive to a strong private sector economy.  She spoke in favor             
 of HB 53 because it represents a reasonable and logical action by             
 state government which will save money to the state and enhance               
 business opportunities in the private sector.  The top priority of            
 the state chamber of commerce is to help the state find ways to               
 close the fiscal gap.  Therefore, the chamber encourages the state            
 to find those government services which could be affordable and               
 efficiently provided by the private sector.  She said HB 53                   
 provides a way to do those things.                                            
                                                                               
 MS. THOMAS stated that it has been demonstrated, through the                  
 experience of housing a portion of Alaska's prisoners in the                  
 Arizona private system, that the private sector can provide for the           
 confinement and care for prisoners as satisfactorily and at a lower           
 cost than the Alaska state system.  The missing element, within a             
 government operation, is competition.  The private sector must do             
 things more efficiently and at less cost in order to be the                   
 successful bidder.  If the private sector does not provide the                
 service in a manner consistent with the state's specifications,               
 then the private sector knows that there are other service                    
 providers ready and able to take their place.                                 
                                                                               
 MS. THOMAS said the practice of government contracting with the               
 private sector for correctional system services is not a new                  
 concept in which Alaska would be breaking ground.  This is being              
 done, successfully, in many other states.  This bill provides that            
 the contractor must provide custody, care and discipline to the               
 standards established by the state and by the courts.  The service            
 will be as good as any that the state of Alaska could provide, but            
 at a lesser cost.                                                             
                                                                               
 MS. THOMAS explained that in addition to the initial cost savings             
 there is the added benefit of the corporate taxes that the private            
 service provider will be paying to the state.  Ancillary and                  
 support services would also be utilized by the state.  The state              
 would also seek contractors who would provide their own prison                
 facilities which meet the state specifications.  Savings would be             
 realized by the state in not having to furnish the land,                      
 construction and maintenance for another state owned facility.  Her           
 organization can see no downside to this legislation, it makes good           
 business sense.                                                               
                                                                               
 Number 1403                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ referred to privatization and asked if the           
 chamber felt there were any core governmental services which ought            
 to be privatized.                                                             
                                                                               
 MS. THOMAS felt all services ought to be looked at.  There are some           
 services that government is best at administering.  Many areas such           
 as prisons and areas of DOT/PF could be privatized, but we have to            
 decide to what to degree, where, as well as structuring state                 
 procedures so that this can be done.                                          
                                                                               
 CHAIRMAN GREEN said this issue would be revisited on Friday with              
 committee deliberation and amendments.                                        
                                                                               
 Number 1498                                                                   
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN GREEN                    
 adjourned the meeting of the House Judiciary Standing Committee at            
 3:05 p.m.                                                                     
                                                                               

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