Legislature(2019 - 2020)Anch LIO Lg Conf Rm
12/11/2019 02:00 PM House STATE AFFAIRS
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| Audio | Topic |
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| Start | |
| Presentation(s): Private Prisons and Prisoner Outsourcing | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
Anchorage, Alaska
December 11, 2019
2:00 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair (via
teleconference)
Representative Grier Hopkins (via teleconference)
Representative Andi Story (via teleconference)
Representative Adam Wool (via teleconference)
Representative Sarah Vance (via teleconference)
Representative Laddie Shaw
MEMBERS ABSENT
All members present
OTHER MEMBERS PRESENT
REPRESENTATIVE ANDY JOSEPHSON
SENATOR ELVI GRAY-JACKSON (via teleconference)
COMMITTEE CALENDAR
PRESENTATION(S): PRIVATE PRISONS AND PRISONER OUTSOURCING
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered remarks during the presentation,
entitled "Private prisons and prisoner outsourcing."
CHET ADKINS, Wellness Associate
Native Men's Wellness Program
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation, entitled "Private prisons and prisoner
outsourcing."
RANDY MCLELLAN, President
Alaska Correctional Officers Association (ACOA)
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation, entitled "Private prisons and prisoner
outsourcing."
JOSHUA WILSON
Alaska Correctional Officers Association (ACOA)
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation, entitled "Private prisons and prisoner
outsourcing."
KELLY GOODE, Deputy Commissioner
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during presentation,
entitled "Private prisons and prisoner outsourcing."
FELIX RIVERA, Assembly Member
Municipality of Anchorage (MOA) Assembly
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation, entitled "Private prisons and prisoner
outsourcing."
CATHLEEN MCLAUGHLIN, Principal Chief Executive Officer (CEO)
Restorative & Reentry Services, LLC (RRS)
Anchorage, Alaska
POSITION STATEMENT: Provided information during the
presentation, entitled "Private prisons and prisoner
outsourcing."
DAVID LOVELL, PhD, Research Associate Professor Emeritus
University of Washington
Seattle, Washington
POSITION STATEMENT: Provided information during the
presentation, entitled "Private prisons and prisoner
outsourcing" with the use of a PowerPoint presentation.
TERRIA VANDENHUERK
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation, entitled
"Private prisons and prisoner outsourcing."
EUGENE HABERMAN
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation, entitled
"Private prisons and prisoner outsourcing."
ROBERT REDLINGER
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation, entitled
"Private prisons and prisoner outsourcing."
TRIADA STAMPAS, Policy Director
American Civil Liberties Union (ACLU) Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation, entitled
"Private prisons and prisoner outsourcing."
ACTION NARRATIVE
2:00:09 PM
CO-CHAIR ZACK FIELDS called the House State Affairs Standing
Committee meeting to order at 2:00 p.m. Representatives Story
(via teleconference), Vance (via teleconference), Shaw, Kreiss-
Tomkins (via teleconference), and Fields were present at the
call to order. Representatives Wool (via teleconference) and
Hopkins (via teleconference) joined as the meeting was in
progress. Also present were Representative Josephson and
Senator Gray-Jackson (via teleconference).
2:00:41 PM
The committee took an at-ease from 2:01 p.m. to 2:03 p.m.
^PRESENTATION(S): PRIVATE PRISONS AND PRISONER OUTSOURCING
PRESENTATION(S): PRIVATE PRISONS AND PRISONER OUTSOURCING
2:03:07 PM
CO-CHAIR FIELDS announced that the only order of business would
be a presentation by Dr. David Lovell, Chet Adkins, Randy
McLellan, Felix Rivera, and Cathleen McLaughlin.
2:03:50 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature,
commented on efforts by a previous administration and current
legislators to keep prisoners in state, including the reopening
of Palmer Correctional Center (PCC). He maintained that there
is evidence that the Department of Corrections (DOC) has not
done all it could to reopen that prison.
2:04:51 PM
CO-CHAIR FIELDS offered a quotation from former Governor Frank
Murkowski regarding the passage of Senate Bill 65 [during the
Twenty-Third Alaska State Legislature, 2003-2004] as follows:
I have consistently supported finding a solution to
the chronic problem of prison overcrowding in Alaska.
Over a decade of gridlock has led to the failure to
improve on what was supposed to be a temporary
solution of sending prisoners to Arizona. The result
has been the placement of more and more prisoners into
community housing alternatives and the constant
transferring of prisoners between locations to ensure
the integrity of the system, all of which runs the
risk of compromising the level of public safety being
provided to Alaskans. ... And finally, this bill will
generate good paying, long-term jobs for Alaskans and
end the export of over $14 million per year to
Arizona.
2:06:10 PM
CHET ADKINS, Wellness Associate, Native Men's Wellness Program,
relayed that on March 21, 2015, he was released from a halfway
house after serving two days short of 28 years in prison. Of
that time, 18 years were spent in the private facilities out of
state - from January 1995 to May 2013. He was incarcerated at
the Spring Creek Correctional Center (SCCC) [Seward] in June
1988. He said that the Alaska correctional system has always
been considered a "weak" system - meaning that the "convict
code" was not embraced as much there as at other places. Sex
offenders walked the yard without being molested. The level of
violence was minimal. The presence of drugs was minimal. He
said that he didn't recall a single assault of a staff member
during his time at the facility.
MR. ADKINS continued by describing conditions at the facility in
Arizona, to which he was transferred in January 1995. The
number one variable cost in corrections is the cost of staff; to
make a profit the [for-profit] facility pays staff as little as
possible. At Arizona, staff were earning $9 per hour; kitchen
staff were earning $5 per hour; staff looked for ways to make
extra money; they smuggled in contraband. He said that the
claim that Alaskans were housed separately is not true; they had
contact with others in the kitchen and in the yard. During his
first year at the Central Arizona Detention Center [operated by
CoreCivic, formerly the Corrections Corporation of America
(CCA)], there was less than a 600-bed capacity; the next year
the capacity doubled with prisoners brought in from Oregon. He
stated that it was then that the criminalization of the prison
population began; Alaska prisoners were indoctrinated into the
convict mentality. They were exposed to inmates from New
Mexico, the Virgin Islands, and Washington, D.C.; they were
exposed to the most violent people; the Washington, D.C.
prisoners were transferred to the detention center in Arizona
because they had dismantled another CCA prison in Ohio.
MR. ADKINS stated that when the Alaska prisoners were
transferred to the Red Rock Correctional Center in Eloy,
Arizona, they were housed side-by-side with California
prisoners. Most of the California prisoners were gang members -
predominantly MS-13. It was there that the "Native Brotherhood"
was formed; it was in response to treatment of the Native
population by the other gangs. He maintained that prejudice has
always existed in the correctional system; however, Alaskans
weren't exposed to "white supremacy" until they were
incarcerated in Arizona. He mentioned the murder committed by
the "1488" gang in 2018 and asserted that the incarceration of
Alaska prisoners out of state and exposure to gang behavior over
a long period was directly responsible for that murder. He
stated that Alaska prisoners were taught by the out-of-state
facilities how to act as convicts; it was all done under the
guise of saving money. He offered that in the short term, out-
of-state incarceration does save money; however, in the long
term it costs much more both in money, lives, and opportunities
lost.
MR. ADKINS acknowledged that when he was sent to prison, he
needed to be "taken off the street" because he was a danger;
however, during his prison time he saw many people who could
have been redeemed. Due to the prison system, they were pushed
into situations in which they had to become people they didn't
need to be. He maintained that for many, it was not a choice
but a survival mechanism.
2:11:40 PM
CO-CHAIR FIELDS asked for more background on the 1488 gang
murder.
MR. ATKINS explained that the number "14" refers to the letter
"N" which stands for the Nazi Party; the number "88" refers to
the letters "HH" which stands for "Heil Hitler." It is a white
supremacist gang formed [within Alaska DOC] by Alaska inmates
who had been held in facilities in Colorado [and Arizona]. He
said that he is unclear as to what exactly occurred, but someone
was killed.
2:12:32 PM
REPRESENTATIVE STORY expressed her appreciation for Mr. Adkins's
testimony.
2:13:37 PM
RANDY MCLELLAN, President, Alaska Correctional Officers
Association (ACOA), relayed that through his experience at DOC,
he witnessed the negative effects that private prisons had on
Alaska offenders. He posed the question, "Why privatization?"
and maintained that it is difficult to imagine that Alaska is
asking this question with all the bad history it has had with
sending prisoners to the Lower 48. He stated that Alaska has
already fallen victim to corruption by private prisons and their
lobbyists. He mentioned that Representative Tom Anderson was
convicted of seven felonies in 2007, which included extortion,
bribery, conspiracy, and money laundering. He asserted that
profiting from the incarceration of Alaska citizens is
unethical; and sending hard-earned Alaska money out of state to
line the pockets of private prison shareholders is ludicrous.
He declared that the public has voted down privatization in
Alaska four separate times over the years - Anchorage in 1997,
Delta Junction in 1999, Kenai in 2001, and Whittier in 2005.
MR. MCLELLAN continued by relaying a history of outsourcing
Alaska prisoners. In 1994, DOC Commissioner Frank Pruitt signed
a contract with CCA to house 200 prisoners in Arizona. This was
a temporary solution to alleviate overcrowding in Alaska
prisons. By the end of 2007, when the contract was transferred
to Cornell Companies, the prison population had soared to
approximately 1,060 prisoners. By the time Alaska brought the
prisoners home, this temporary solution had lasted nearly 20
years. In 2012, Alaska opened the Goose Creek Correctional
Center (GCCC) [Wasilla] to bring Alaska prisoners home and
closer to their families and cultural rehabilitation. In 2018,
President Trump signed a bipartisan bill that requires federal
prisoners be incarcerated no more than 500 miles from their
primary residence. Any out-of-state prisons that Alaskans could
be sent to would far exceed 500 miles. Beginning in the spring
of 2013, Alaska prisoners started returning from Colorado.
Right away DOC realized it was getting back much different
prisoners than it had sent out. They were far more dangerous
and skilled in criminal ways; many inmates referred to the out-
of-state private prisons as criminal college or gladiator
school. He said, "I don't think this sounds like rehabilitation
to anybody." He referred to previous testimony that supported
those claims.
MR. MCLELLAN relayed that the prisoners came back organized into
three different primary gangs now validated in Alaska - the Low
Life's, the 1488s, and the Native Brotherhood. He maintained
that Alaska created these gangs by sending incarcerated Alaskans
to out-of-state prisons. Prisoners are forced to join gangs for
protection. There is safety in numbers. Even those who have
never had a desire to join a gang, are forced to join for
safety. When these prisoners came back to Alaska, DOC's use-of-
force incidences spiked - both inmate on inmate and inmate on
staff. Assaults soared. Drug trafficking hit an all-time high
and is still a problem.
2:17:55 PM
MR. MCLELLAN related that when he first started at DOC, there
were very few gangs and very little gang activity. Occasionally
a gangster would come up to Alaska from the Lower 48 and try to
organize or get a business started; local police and
correctional staff were very good at exposing and thwarting the
individual's activity. Now there are hundreds of gang members
in Alaska's correctional facilities and communities.
Correctional officers (COs) are specifically trained to identify
gang members and their activities. Although there are many
other gangs, DOC's focus is on the predominant ones in Alaska -
the Low Life's, the 1488s, and the Native Brotherhood - which
are the three gangs that Alaska created by sending prisoners out
of state.
MR. MCLELLAN offered that if a prisoner doesn't feel safe, DOC
can't seriously expect him/her to rehabilitate or better
himself/herself. He asked the question: If DOC is to be a good
example for prisoners by providing cultural programs for their
betterment with the hope of reintegrating them back into
society, how is putting them in harm's way every day provide a
good example? They don't feel safe to leave their cells to
attend parenting classes, anger classes, or drug rehabilitation
classes. He maintained they are just going to survive until
they can leave prison.
MR. MCLELLAN relayed that out-of-state prisons keep prisoners
from their families. Prisoners are unable to make phone calls
due to the exorbitant long-distance phone call fees. Cultural
programs offered for rehabilitation are virtually non-existent.
Alaska offers several cultural programs, potlatches, and Native
foods; none of these would be offered out of state. Statistics
show that family and cultural connections are primary for
rehabilitating offenders and integrating them back into society.
MR. MCLELLAN said that the reasons given by the administration
for the necessity to send prisoners out of state to private
prisons is a spike in the prison population and a shortage of
COs. The spike in the prison population since [Governor Michael
Dunleavy] signed the crime bill [HB 49, passed during the
Thirty-First Alaska State Legislature, 2019-2020, and signed
into law 7/8/19] is about 213 prisoners. That spike has
plateaued and does not currently constitute a crisis. That
number puts DOC at 97 percent capacity. The increase in prison
population and the deficit of officers is not unexpected and is
nothing new. He offered that in the last legislative session,
the administration was aware of the problem and it was discussed
many times. Commissioner Nancy Dahlstrom [DOC] stated several
times that recruitment and retention are her top priorities.
Unfortunately, the administration's efforts so far have netted
it a loss of 26 officers since Governor Dunleavy took office.
He maintained that the administration put forth no effort to
recruit, because doing so would be in opposition to its desire
to privatize corrections in Alaska. "Overtime is soaring,
safety is compromised, officer burnout is real." He mentioned a
recent conversation with a CO at SCCC who said that during every
off-week, he is mandatorily working a minimum of three 12-hour
shifts; in other words, the officer works a 7-12 shift - 84
hours - then 36 or more hours overtime. Recruitment and
retention should be priorities, but so far there has been no
result of a robust recruitment and retention program.
2:23:04 PM
MR. MCLELLAN stated that in Commissioner Dahlstrom's letter to
the legislature dated December 6, 2019 [included in the
committee packet], she outlined the cost of reopening PCC. She
estimated the cost to be nearly $40 million. He said that it is
a building sitting idle; heat, electricity, and plumbing are all
functional; the building is ready to be used with minor upgrades
and maintenance. It could be opened in a few months and the
need could have been anticipated. A year ago, when it was
evident that a new crime bill would raise the inmate population,
recognizing a shortage of COs and prioritizing their recruitment
and retention at that time would have been a very good idea.
Now, many months later, with 26 less officers, it has become a
"crisis." He opined that $40 million to reopen PCC "seems
crazy." He offered that the facility is in much better
condition than needing $40 million worth of work. In
comparison, the Anchorage jail - a state-of-the-art facility -
was constructed with just $58 million.
MR. MCLELLAN emphasized that Alaska COs are the best in the
nation; DOC rehabilitation programs are the best in the nation;
PCC was one of the largest "program" facilities in the state;
incarcerated Alaskans have their best opportunities to
rehabilitate and be integrated into society here at home. He
maintained that Alaska should be taking care of its own.
2:26:06 PM
CO-CHAIR FIELDS stated that internal documents from DOC suggest
that it could open PCC's minimum facility in five months, the
medium facility in nine months, or both facilities in twelve
months. He asked for information regarding the opening and
staffing of GCCC - a much larger facility.
MR. MCLELLAN answered that DOC hired over 100 officers in a
short amount of time - less than a year - to staff GCCC. He
mentioned that GCCC opened in stages - starting with local
prisoners, opening a section at a time, and bringing back the
prisoners in Colorado. He said that scenario could be repeated
at PCC with the hiring of staff and opening a section at a time.
He referred to the visible recruitment of law enforcement
officers for the state, which has been a huge success in
attracting qualified applicants and filling positions. He
maintained that the Alaska State Trooper (AST) recruitment
demonstrates what a real priority looks like. He recommended
that DOC mimic what the Department of Public Safety (DPS) did.
2:29:07 PM
REPRESENTATIVE SHAW asked whether there is a backlog of
applicants for DOC positions.
MR. MCLELLAN replied that he does not know but suspects there
are some waiting to be hired.
2:29:30 PM
CO-CHAIR FIELDS referred to testimony regarding Alaska prisoners
joining gangs for self-preservation in out-of-state prisons. He
asked about the environment of out-of-state private prisons with
poorly paid employees that is conducive to inmates needing gang
protection.
MR. MCLELLAN responded that private prisons operate for profit;
they warehouse prisoners; they cut costs wherever possible; they
hire as few officers as they can; and the officers they hire are
less qualified. Alaska is in the prisoner business for the
citizens, not money. Alaska's officers are Alaska Police
Standards Council (APSC) certified and receive vigorous
training. He said that at the private prisons, because staff
are poorly paid, they make money in other ways - prostitution,
drugs, phones. Staff are simultaneously fearful and corrupt.
He said, "They probably hide out as much as they can, and it's
the wild west in there; they just let the prisoners take over."
He acknowledged that not all prisoners are bad; some made a
simple mistake; some were young kids with no direction or bad
family situations. He stated that the prisoners are all mixed
in a large group. The bad, heavy-handed inmates become the
leaders; they form gangs for business or for protection. For
those inmates who are trying to better themselves, complete
their sentences, and return to their families, if they don't
join a gang, all the gangs will take advantage of them; they
need the gang for protection. Once the person has been in a
gang for years, it is very difficult for them to get out of the
gang when they return to Alaska.
MR. MCLELLAN mentioned criticism of DOC based on recidivism
rates of Alaska prisoners. He offered that recidivism will
always be a concern. He relayed that the released prisoners
were imprisoned out of state for 20 years; they have not been
back in state very long; it takes time for them to work through
their issues. He maintained that there has been progress; the
programs have seen some successes; given time, they could
effectively reduce the recidivism rates.
2:33:19 PM
REPRESENTATIVE STORY asked whether there is a standard timeline
for training COs that constitutes adequate training to acquire
the skills for the position. She asked also whether there is a
budget for the projected $40 million needed to reopen PCC. She
asked a third question: Does the projection include behavior
and addiction health treatment programs and education programs?
MR. MCLELLAN answered that when a CO is hired, he/she is under
the Field Training Officer (FTO) program. Under this program an
officer is assigned to the new hire to train, teach, monitor,
and evaluate. The training lasts 12-14 months; the hire attends
a two-and-a-half-month academy; it is rigorous training. He
maintained that Alaska COs are far better trained than most COs
in the nation and probably in the world. In answer to the
second question, he stated that $16.8 million was appropriated
last legislative session to reopen PCC. He opined that amount
would be more than enough to reopen a portion of PCC.
CO-CHAIR FIELDS suggested that DOC Deputy Commissioner Kelley
Goode could answer Representative Story's remaining two
questions.
2:37:19 PM
JOSHUA WILSON, Alaska Correctional Officers Association (ACOA),
relayed that what is proposed in DOC's request for proposal
(RFP) would not save the state money; it would cost the state
money, because of the many hidden costs associated with sending
inmates out of state to private prisons. He maintained that
contact and visitation for prisoners is critical to reducing
recidivism. He stated that a Florida study found that inmates
receiving visitors were 31 percent less likely to commit
additional crimes. Keeping inmates close to home is a best
practice; the federal government and other states now support
that practice. He relayed that the RFP does not include the
same level of programs that Alaska prisons offer. It only
requires the private prison to offer three vocational programs.
The State of Alaska currently offers twelve programs, and the
programs are excellent. He cited a 2017 Alaska Justice
Information Center analysis which found that Alaska's eight
programs were expected to reduce recidivism between 20 and 26.3
percent; the center estimated that every avoided conviction for
an offender who commits a felony represents a savings of between
$115,755 and $150,694.
MR. WILSON stated that the RPF would lengthen incarceration. He
cited a 2017 Mississippi study which showed that people
incarcerated in private prisons were incarcerated up to 90 days
longer than in those in state prisons. Every day that a bed is
filled in a private prison profits the prison and increases
costs to the state. Punishment is determined by Alaska judges
and courts. Private prisons should not be allowed to increase
their profit margins by extending a prisoner's sentence.
MR. WILSON continued by saying that the RFP would allow a
private prison to "cherry-pick" its inmates. One of the ways
private prisons shift costs to the state is by choosing the
medium [security] and minimum [security] prisoners, who are the
easiest and cheapest to incarcerate. Already the RFP has been
amended to exclude any prisoners with serious medical
conditions; those prisoners will remain in Alaska. Some private
prisons exclude sex offenders - an expensive population - and
thereby demonstrate that their costs for incarceration are
cheaper than the state's.
MR. WILSON related that Alaska would need to provide safety and
security for out-of-state inmates. The RFP only requires Alaska
inmates to be counted every four hours - six times a day. In
Alaska, prisoners are visually observed by correctional officers
a minimum of every 45 minutes - 32 times a day. Private prisons
are not required to be American Correctional Association (ACA)
or National Commission on Correctional Health Care (NCCHC)
accredited for two years. The RFP also sets extremely low
standards for training and experience; only 40 percent of
security staff are required to have a minimum of one year in law
enforcement or corrections. There is no requirement in the RFP
that security staff meet the same standards that Alaska has for
COs, which is to be APSC qualified or the equivalent.
2:41:23 PM
MR. WILSON relayed that medical expenses are a major expense;
the RPF stipulates that the State of Alaska will pay for the
cost of all off-site medical expenses under $250 and emergency
emergent services. He stated that transportation is a huge
cost; the RFP requires Alaska pay the transportation costs. He
mentioned that when Alaska brought inmates back from Colorado,
it cost the state about $2.3 million. He referred to the
significant number of administrative costs: background checks
for all private prison visitors; autopsy and body disposition in
the event of a death; all review of prisoner classification;
probation; and more. Under the RFP the state is responsible for
litigation costs, including the defense of all post-conviction
litigation and challenges of people held in private prisons. He
explained that the contract with the private prison includes a
per diem rate; however, the costs he is describing are over and
above that per diem rate.
MR. WILSON offered that one of the biggest costs to Alaska is
the loss of Alaska jobs; the state would be sending money out of
state with no return. He added that there would be increased
crime, which means more Alaska victims. He expressed that the
state expects costs to increase; the RFP anticipates placement
adjustments and different rates for additional beds. He relayed
that the last time the state contracted with private prisons the
price increased almost every year.
MR. WILSON pointed out an amendment to the RPF, which further
reduces standards: the state gives up authority to approve or
disapprove private prison management staff; it triples the
period that the state must give determining the contracts; it
decreases DOC oversight by loosening the requirement on what
employee records that private prisons are required to give; it
removes stricter requirements for the private prison to complete
a financial audit by an independent certified public accountant;
it removes the requirement for the private prison to provide
post-secondary education; and the private prison would not be
required to staff specifically pre-release pre-reentry
transition programs. He added that there is nothing to prevent
DOC from further reducing the standards.
MR. WILSON declared that Alaska statute requires that Alaska
take care of those who are incarcerated in its institutions and
not send inmates out if they cannot get better rehabilitative
treatment. He said that it is clear form previous testimony
that Alaska cannot fulfill that requirement under the RFP as
written; private prisons have too much leeway to do less than
what Alaska requires at its own facilities.
2:44:51 PM
CO-CHAIR FIELDS referred to the DOC response to vendor questions
on the RPF [not included in the committee packet], which read:
38. Vendor Question: Pg. 54, Section 4.11 Prisoner
Activities and Programs, Subsection D Post-Secondary
Academic Programming - if the department does not
intend for the Contractor to provide tutors,
supplemental instructors and other individualized
educational services as support for prisoners who opt
to enroll in college courses, will the Department
agree to delete the second and third sentences of the
subsection?
DOC Response: Yes.
CO-CHAIR FIELDS explained that the response indicates that the
vendor would not be offering post-secondary services. He
continued to cite the document, which read:
44. Vendor Question: Pg. 56, Section 4.11 Prisoner
activities and Programs - Can the State clarify if
there is a requirement to staff the Pre-
Release/Reentry Transition Program with academic or
vocational instructors?
DOC Response: The PreRelease/Reentry Transition
program is not a separate unit to be staffed.
Contractor staff, such as institutional probation
officers and/or institutional case managers, must be
available to assist offenders in accessing
programming, developing release/reentry plans and
collaboration with State probation officers.
CO-CHAIR FIELDS said that DOC's response was essentially "no,"
and the program would be staffed on an ad hoc basis depending on
the officers. He concluded that the response suggests that
there could be zero post-secondary training at the private for-
profit prisons.
CO-CHAIR FIELDS offered that in Alaska, when inmates are
preparing to reenter the community, some participate in work
release programs. It saves money and improves transition back
into the community. He asked the questions: a) Is it important
for someone returning to the community to have work to avoid
recidivating? and b) Do for-profit private prisons have zero
record with employing inmates returning to their communities in
Alaska.
MR. WILSON responded that certainly vocational and work programs
are very valuable; depending on the time spent in prison,
returning to the work force can be very difficult; training is
vitally important and allows a smoother transition. He stated
that what a private prison will offer depends on the contract.
2:48:13 PM
REPRESENTATIVE SHAW asked about the backlog of applicants for
DOC positions.
2:48:26 PM
KELLY GOODE, Deputy Commissioner, Department of Corrections
(DOC), responded that there are people in different phases of
the application process; 45 applicants have been given a
conditional job offer but must pass medical testing; on average,
about 30 percent will pass the next phase of testing. She said
that there isn't necessarily a backlog but applicants in
different phases of the process.
REPRESENTATIVE SHAW asked if she is saying that there are 45
potential officers but only 15 will be hired.
MS. GOODE answered correct, due to the testing. She explained
that there is sight and medical testing, and 30 percent is the
average number who pass.
REPRESENTATIVE SHAW asked for confirmation that Alaska DOC is
short 90 COs.
MS. GOODE replied, that's correct.
2:49:46 PM
REPRESENTATIVE STORY asked whether there is a budget available
that outlines the projected cost of reopening PCC and backup
rationale for the costs. She asked whether the budget includes
the addiction treatment programs and career education programs.
MS. GOODE referred to the letter from Commissioner Dahlstrom to
the legislators which relates that reopening the PCC full
facility would cost $28.7 million. She stated that the amount
does include substance abuse treatment. She added that she does
not have a breakdown of the budget on hand; DOC worked with the
facility to determine the costs; the cost includes the one-time
capital expenditure, staffing, and operating costs. She offered
to provide a breakdown of the costs.
2:51:13 PM
CO-CHAIR FIELDS stated that a previous DOC breakdown of the cost
to open the PCC minimum security facility was $9.8 million with
a five-month timeline; the cost to open the medium security
facility was $14.4 million with a nine-month timeline; and the
cost to open both facilities was $21 million with a timeline of
twelve months. He asked for an explanation of the discrepancy
between these numbers and those in the commissioner's letter.
MS. GOODE answered that the costs Representative Fields relayed
do not necessarily include the one-time capital project to ready
the facility. She said that the timelines stated in the letter
were the most current and accurate. She offered that regarding
which facility to open, it is always best to consider opening
the medium security side, because it gives DOC more latitude for
housing. Medium security can take both minimum security and
medium security prisoners, whereas, minimum security can take
only minimum security prisoners. She explained that it was for
this reason that the letter addressed the cost of opening the
full facility and the medium security housing unit.
CO-CHAIR FIELDS referred to the DOC breakdown that he cited -
the nine-month timeline for opening the medium security facility
- and asked why DOC didn't begin opening the facility when the
legislature appropriated $16 million in April.
MS. GOODE referred to the commissioner's letter which says that
it is not an "either/or" issue - reopening PCC or issuing an
RFP. The RFP was a response to an immediate population
management crisis that was building. The issue is that DOC
cannot staff PCC. The department has an active ongoing
recruiting program. The commissioner did not feel that it was
responsible to reopen PCC when statewide there is shortage of 90
COs. She mentioned the overtime and a need to stabilize current
staffing; opening another facility would just further stress the
system.
2:54:35 PM
REPRESENTATIVE STORY asked what needs to be done to address the
staff shortage.
MS. GOODE answered that unemployment is low in Alaska;
therefore, there is a small workforce from which to draw. She
reiterated that only about 30 percent of applicants [with a
conditional job offer] pass the tests and take advantage of the
job offer. She maintained that DOC is constantly recruiting
statewide and nationally, attending job fairs, working with the
Department of Labor and Workforce Development (DOLWFD), and
advertising on social media. The commissioner is constantly
looking for ways to identify new applicants. She said that not
only does Alaska have a shortage of COs, but nationwide there is
a shortage.
REPRESENTATIVE STORY asked whether the commissioner is
considering a pay increase for COs, which has worked to recruit
ASTs.
MS. GOODE answered that there was a pay increase in the most
recent union contract; DOC is looking at a variety of
incentives.
2:57:33 PM
REPRESENTATIVE VANCE asked whether Ms. Goode could identify any
barriers [to successful hiring] that could be eliminated,
considering there is only a 30 percent success rate among
applicants. She maintained that she did not want DOC to lower
its standards for public safety but suggested that there may be
something DOC could do to raise the success rate.
MS. GOODE clarified that the 30 percent pertains to the group of
applicants with a conditional job offer; for the group of
applicants as a whole, the success rate is less than 30 percent.
She said that on average, just less than 10 percent of
applicants complete the application process and accept the
position. She offered that DOC is looking for ways to make
changes; there are regulations that may no longer be relevant.
She suggested that DOC may decide to accept applicants under 21.
The department is looking for changes in the guiding statutes
that would maintain the quality of the position but open it up
to more people.
2:59:45 PM
CO-CHAIR FIELDS mentioned the large discrepancy between the
March 2019 cost breakdown from DOC citing $21 million to reopen
the PCC minimum and medium security facilities versus the
commissioner's letter citing $40 million to reopen PCC.
MS. GOODE replied that the commissioner's letter states $28.7
million not $40 million.
CO-CHAIR FIELDS relayed that the letter states $28.7 plus an
additional capital project cost of $11 million, if DOC is not
granted the authority by the Department of Transportation &
Public Facilities (DOT&PF) to manage the project in-house.
MS. GOODE said that DOC would hope that DOT&PF would grant the
department the authority to manage the project. The mention of
the $11 million was informational in case DOT&PF did not give
the authority. It is a potential additional cost and is outside
of DOC's control.
CO-CHAIR FIELDS asked whether there is a date by which DOC
intends to begin the process of reopening PCC.
MS. GOODE responded that the date depends on staffing; the
process can start as soon as the department knows it can staff
the facility. She said that a shortage of 90 officers across
the state "just isn't okay." Before DOC opens another facility
that needs to be staffed at a safe level, the commissioner is
committed to filling the positions currently open.
CO-CHAIR FIELDS asked the status of the RFP.
MS. GOODE relayed that the RFP has closed and is now in the
procurement process.
3:02:29 PM
REPRESENTATIVE STORY asked whether the commissioner has
considered asking for a supplemental [appropriation] for pay
increases for staff as an incentive for hiring.
MS. GOODE answered that should there be a need for additional
funding, the commissioner would work with the governor's office,
the Office of Management & Budget (OMB), and the legislature.
She stated that she is not aware of any additional funding
request.
CO-CHAIR FIELDS asked whether DOC is preparing a supplemental to
the $16 million already appropriated by the legislature to
reopen PCC.
MS. GOODE reiterated that the commissioner is not considering
reopening PCC unless it can be staffed.
REPRESENTATIVE STORY clarified that her question is whether
there has been a consideration to prepare a supplemental to
provide the incentives of increased pay and training, since
Alaska has a critical need for 90 staff members now.
MS. GOODE replied that if incentives identified cannot be paid
for out of the current budget, then the commissioner would work
with OMB and the legislature on a supplemental or a request.
She said that DOC would first look for the funds in the existing
budget.
3:04:44 PM
CO-CHAIR KREISS-TOMKINS referred to a floor amendment that the
House approved by a vote of 29-6 to remove language allowing DOC
to send prisoners out of state. He stated that the floor debate
on the question of DOC funds being used for out-of-state
prisoners was quite clear. He asked for the department's
perspective on that vote and its perception of legislative
intent associated with the vote vis a vis actions and policies
going forward.
MS. GOODE expressed that the commissioner understands the need
and the desire to reopen PCC; however, that is just one issue of
two. One issue is population management - the [Alaska]
facilities are 98 percent populated - and the other issue is
understaffing. She maintained that it was the commissioner's
belief that the responsible action was to issue an RFP so that
if Alaska facilities become maxed out at 100 percent, there
would be a safe manner to house all Alaska inmates. She
maintained that PCC is not ready to reopen currently; even with
a brand-new facility, DOC would not be able to staff it. The
commissioner appreciates and honors the legislature's viewpoint;
however, to provide a safe and secure environment for inmates
and staff, this is the path she had to take to meet that
priority. Ms. Goode reiterated from the letter - it's not an
either/or, it's managing a current predicament.
3:07:42 PM
REPRESENTATIVE WOOL asked whether DOC could pursue an RFP
concurrently with reopening PCC and aggressively addressing
hiring. He offered that Alaska has the highest unemployment
rate in the country - almost double the national rate -
therefore, unemployment is not the issue.
MS. GOODE stated that DOC is actively recruiting for the
positions; if there were enough COs to lessen the burden on the
current staff in the current 12 facilities, the commissioner
could consider reopening PCC. She maintained that DOC first
needs to fill the existing vacancies.
REPRESENTATIVE WOOL asked for a timeline for reopening PCC and
whether transferring inmates out of state could be temporary
until PCC was reopened.
MS. GOODE answered that the facility spokesperson indicated that
on average, it would take 12 months to get PCC operational.
REPRESENTATIVE WOOL clarified the second question: DOC starts
the process to reopen PCC tomorrow and aggressively recruits and
hires staff. If Alaska facilities reach 100 percent capacity in
the next 12 months and inmates must be transferred out of state,
could they, in theory, be returned to Alaska at the end of the
12 months.
MS. GOODE replied, in theory, yes. The commissioner would
consider that.
REPRESENTATIVE WOOL asked, "What's stopping them from opening
the Palmer facility, even though it would take 12 months?"
MS. GOODE answered, staffing. The commissioner does not feel
comfortable with the current staffing levels to provide a safe
environment.
REPRESENTATIVE WOOL asked, "Even given 12 months to hire the
people?"
MS. GOODE said that what is stopping DOC from reopening PCC is
it is short 90 staff right now system-wide not including PCC.
She said that the PCC full facility would require an additional
74 officers, plus other staff. The commissioner advocates for
alleviating the burden on current staff; the overtime is real;
and these positions must be filled first.
3:11:16 PM
CO-CHAIR FIELDS relayed that to open GCCC, the state hired 108
officers in 10 months; the department documented in March [2019]
that opening just the medium security prison would cost less
than the $16 million appropriated by the legislature, could be
accomplished in 9 months, and has the capacity to house all of
the prisoners resulting from passage of the crime bill. He
asked, "Why would we not start taking the steps now to open at
least the medium side of PCC, because obviously the longer we
wait to start, the longer we wait before it's ever open." He
expressed his concern that Alaska would get stuck in the
position of sending prisoners outside for years and years while
the state never begins reopening PCC due to a challenging
recruiting situation.
3:12:30 PM
FELIX RIVERA, Assembly Member, Municipality of Anchorage (MOA)
Assembly, stated that MOA has a long and firm history regarding
private prisons within its city limits. In 1997, the Alaska
State House of Representatives tried to approve a contract to
build a private prison in South Anchorage. Then Assembly member
Bob Bell, representing South Anchorage, led an effort for a
public vote on the issue, which resulted in an overwhelming 2-1
margin against the idea of a private prison in South Anchorage.
Consequently, the Alaska State Senate withdrew support for the
measure approved by the House. He maintained that the
opposition of MOA residents to private prisons has not changed
since 1997 and is perhaps stronger. He relayed that this
antipathy and a report he received from ACOA in early summer led
him to conduct research and public outreach on private prisons
and what the Anchorage Assembly could do within its legal powers
as a home-rule city to prevent the opening and operating of
private prisons within the municipality. Unfortunately, because
Alaska operates under a unified system of corrections, the
Anchorage Assembly has little purview to regulate the operation
of private prisons within its boundaries; it is the sole purview
of the legislature. This situation led him to crafting a
resolution [Resolution No. 2019-434(S-1)] to be voted on by the
Assembly on December 17, 2019. The resolution resolves, without
equivocation, that private prisons should not operate within
MOA; the state should not contract with private prisons either
within the state or out of state; and the Assembly opposes the
placement of Alaska inmates out of state. The resolution puts
forth that the Alaska State Constitution is clear in its mandate
that criminal administration should be based on the "principle
of reformation." He said that with the understanding of this
constitutionally mandated principle, the resolution further
states that private prisons or sending Alaska inmates out of
state does not fulfill this constitutional duty.
MR. RIVERA stated that fiscally private prisons have not been
shown to save money but rather to increase costs over time. In
the current fiscal climate, it is prudent to carefully consider
this. Additionally, experience of other states with private
prisons have shown that these operations do not reduce
recidivism or prepare inmates for reentry, which goes against
the constitutional principle of reformation. Research has shown
that inmates placed in out-of-state private facilities return
with increased gang affiliations and a great propensity for a
"criminal mindset and violent behavior." The Anchorage Assembly
and [Anchorage] Mayor Ethan Berkowitz have made public safety a
top priority. The municipality has added over 100 sworn
officers to the Anchorage police force and worked to prevent
certain crimes. The efforts are beginning to show successes
with a 25 percent or more reduction in many types of crimes over
the past three years.
MR. RIVERA relayed that the operation of private prisons within
Alaska or sending Alaska inmates out of state would contradict
and could even reverse the progress made on public safety within
the municipality. He encouraged the legislature to act on the
issues outlined in the resolution that's before the Assembly.
3:16:46 PM
CATHLEEN MCLAUGHLIN, Principal Chief Executive Officer (CEO),
Restorative & Reentry Services, LLC (RRS), relayed that her
testimony is on the community impact of using private prisons
for incarceration. She said that she travels around the country
to observe trends and behaviors related to criminal justice
reform and reentry services, especially community-based reentry
services. She stated that the trend in the Lower 48 is to avoid
and sunset the use of many private prisons: currently Denver is
sunsetting the use of private prisons; California is doing so as
well; New York State has just decided to close the Rikers Island
jail and replace it with community-based correctional facilities
in New York City. The national trend follows the belief that
warehousing inmates does not reduce recidivism; what reduces
recidivism is the level of normalization of inmates while they
are incarcerated so that they are ready to return into the
community as healthy individuals.
MS. MCLAUGHLIN offered that prior to opening RSS, she had the
pleasure of being the director of the Partners Reentry Center
(PRC) for 5.5 years. During that time, the organization was
able to meet 8,500 reentrants. She declared that the most
successful reentrants were those with whom the center had worked
on pre-release plans prior to release to ensure a "soft hand-
off." It is relationship building that would be lost if
prisoners are transferred out of state, because relationships
would be broken.
MS. MCLAUGHLIN gave examples of how the community has helped to
restore inmates while they were incarcerated. One example is
the "lullaby project"; it is totally community-based, no cost to
the department of corrections, and operates with the consent of
the department. It is a music therapy program founded by
Shirley Mae Staten four years ago. Through this program,
musicians went into the Hiland Mountain Correctional Facility
("Hiland") to partner with women who were either long-term
inmates ("long termers") or young mothers, who could create a
song to honor and respect family members or other people in the
community. Ms. McLaughlin relayed that she was fortunate to
meet a 32-year-old woman who received a 99-year sentence with 39
years suspended; they wrote a song together; and they were able
to build a healthy relationship with each other and with the
other musicians. She mentioned a "running" program at Hiland,
where community members run with female inmates. She stated
that the key is that relationship building with the community is
as important as anything else, and when inmates are transferred
out of state, those connections are lost. She cited a study
from the University of Minnesota that demonstrated that a
relationship with the community and a healthy family are among
the key determinants of recidivism. When inmates are released,
they have people to turn to in times of need. Taking groups of
Alaskans out of state eliminates the opportunity for them to
build healthy relationships.
3:21:54 PM
MS. MCLAUGHLIN related her work with the restorative justice
program at SCCC. The inmates were all long termers; the goal
was for them to be good role models and assist those being
released. She maintained that this program represented an
inexpensive method of normalizing an institution; it used the
services of long termers and took advantage of their desire for
a purpose. She gave an example: With community funds,
University of Alaska Anchorage (UAA) professor, Dr. Frank
Jeffries took his "Non-Violent Conflict Resolution" seminar into
SCCC. Of the 35 people taking the class, 27 graduated. Long
termers are now conducting "train the trainer" morals and ethic
classes. If long termers were transferred out of state, these
positive changes in the Alaska prison would be eliminated or
minimized.
MS. MCLAUGHLIN, to address the question of whether inmates are
incarcerated longer in private prisons than they would be in
public prisons, cited a study at the University of Wisconsin -
Madison which showed that people assigned to private prisons
were spending more time behind bars than people in public
prisons. The inmates had a higher recidivism rate upon return
to the community.
MS. MCLAUGHLIN relayed that 38 percent of the state's prison
population is Alaska Native, and they are primarily from rural
regions; only 18 percent of the state's population is Alaska
Native. Alaska Natives are over-represented in the state's
prison population. Sending people with a rural Alaska Native
heritage to Arizona or Colorado and introducing them to
societies that they do not understand and that don't understand
them results in them bringing back bad behavior. She expressed
that the impact of learning bad behavior in the out-of-state
prisons and returning without reentry tools resonates with
Alaska Natives on the street even to this day.
MS. MCLAUGHLIN mentioned that CoreCivic is one of the private
prison contractors in Montana; many inmates in Montana were
seeking reentry in Alaska in order to get into Alaska's reentry
programs. She expressed that after discussions with CoreCivic
personnel, she learned that the attitude within the walls of a
private prison is far different than in a prison where the
community comes into the institution to build relationships.
She said that corporations like CoreCivic are looking for
solutions which they are unable to find because of the mentality
of warehousing people versus giving them dignity and respect to
move forward, be released, and become healthy members of the
community.
3:26:45 PM
DAVID LOVELL, PhD, Research Associate Professor Emeritus,
University of Washington, began with slide 1 of his PowerPoint
presentation, entitled "Planning for Alaska's Prisons" and gave
a brief description of his background and experience, which
includes philosophy, social work, and nursing. He stated that
he has worked in prisons, with prisoners, and with prison
systems for over 40 years. He also has experience with prisoner
release and treatment programs. He offered that through his
research and experience, he can explain how prisons work.
DR. LOVELL turned to slide 2, entitled "Introduction," which
read:
• What I'm Not Doing
head2right Telling Alaska how to solve its problems
head2right Adding more information to the record of fraud,
abuse, concealment, violence, and litigation in
private prisons
• For Alaska to develop its own capacities
IS THE RIGHT THING TO DO
3:30:07 PM
DR. LOVELL moved on to slide 3, entitled "Outline," which read
in part:
1. Private prisons are not legitimate
DR. LOVELL explained that the concept of legitimacy is very
important by the fact that prisons are a punishment. Reform and
rehabilitation are important goals to pursue, but inmates are
incarcerated because they are being punished. They have
committed crimes bad enough to warrant them removed from the
community. Imprisonment is the result of a moral judgement; it
is very important to maintain the legitimacy of imprisonment for
there to be success. People delivering programs to inmates must
be believed.
DR. LOVELL continued with slide 3, which read:
2. Sending people out of State is a sign of policy
failure
? Keeping state prisoners in state public
institutions is doing the right thing.
DR. LOVELL cited criminal justice reforms in California - some
jails were able to manage the influx of prisoners, others were
not. He stated that the situation in which Alaska finds itself
is because somebody somewhere failed to do adequate planning.
He said that just knowing the right thing to do - keeping
prisoners in state - does not mean Alaska knows how to
accomplish it.
DR. LOVELL made a final point, shown on slide 3, which read:
3. Alaskans can solve problems themselves by working
together to do the right thing.
DR. LOVELL says that he has some understanding of Alaska; he
married into one of Metlakatla's oldest families and spent his
first year of retirement in Ketchikan. He maintained he has a
great deal of affection for Alaska and its people.
DR. LOVELL referred to slide 4, entitled "Private agencies may
provide legitimate and useful services," which read:
• Even in a clear case of nepotism, like mine
• Community members and professionals building
programs together
• Even for-profits (Pioneer, Napa BI), if:
MOTIVATION & MANAGEMENT FOCUS LOCALLY
"We sic dawgs on consultants"
--Kurt Peterson, Superintendent, Shelton
Correctional Facility
DR. LOVELL relayed that he got his start 40 years ago from his
uncle, who was working as a private contractor at a prison
providing counseling services to inmates. He gave examples of
community programs - Seattle Mental Health, Washington State's
Dangerous Mentally Ill Offender (DMIO) program, and Pioneer
Human Services in Seattle. He mentioned that even for-profit
agencies can provide useful services. He cited some ineffective
programs from companies with a poor understanding of the problem
and ready to sell a solution that didn't address the problem.
He stated that the critical factor is for the focus to be local
and the consultant to understand the client. He acknowledged
that private agencies may provide legitimate and useful
services.
3:36:05 PM
DR. LOVELL turned to slide 5, entitled "Not Private Prisons,"
which read:
• Ample evidence shows fraud, abuse, violence, and
litigation; but why?
head2right Profit the motivation, not performance
head2right Litigation a cost of doing business
head2right Protected from public disclosure requirements
• Accountability is the issue
• National scope of major firms blocks oversight
and reform, but issues are:
FUNDAMENTAL, NOT PROCEDURAL
DR. LOVELL maintained that in public facilities people are
motivated to work together to develop solutions for problems,
such as prisoner overflow; the incentive is to reduce the prison
population. He said, "God help us if we let our policies be
influenced by large national corporations that actually have an
incentive to keep more people longer - that's exactly the wrong
kind of incentive ...." He continued by discussing the routine
use of litigation in lieu of adequate staffing, training, inmate
well-being, and treatment; if the prison is caught not following
the rules, they will just pay for it later. Finally, he
explained that by the very nature of prisons and the role they
play in society, accountability is always an issue. Prisons are
constrained by their budgets and the state's sentencing laws;
therefore, they find themselves in situations that they can't
control, and they are the only agencies that cannot send their
tough cases elsewhere. Prison systems are managing a high-risk
situation; their problems are aggravated by placing a layer of
corporate interest between the state, the legislature, and the
treatment of prisoners. Abuses go unchecked; private prison
corporations try to hide the evidence; and opportunities to
"pass the buck" multiply. He emphasized that the problems of
private prisons are not procedural but fundamental.
3:40:05 PM
DR. LOVELL moved on to slide 6, entitled "Private vs. Public,"
which read:
The risk of violence and abuse of power is inherent to
prisons
--Hence, no shortage of horror stories . . .
• Whose duty is it to meet legal and constitutional
obligations?
--DeShaney principle
ON WHOSE BEHALF?
DR. LOVELL acknowledged that some conditions, such as
understaffing and overcrowding, effect all prisons; the risk of
violence and abuse of power is inherent in prisons; and there is
no shortage of prison horror stories from many years ago. He
maintained that what he has learned about the things that
occurred in the private prisons in Mississippi could never have
happened at any of the prisons with which he is familiar; they
are things that should not happen anywhere. He asserted that
when these things do occur, it is a sign of a fundamental
breakdown in the system; the system is not committed
fundamentally to the legal and constitutional obligations that
apply to those who perform legitimate criminal punishment on
behalf of the public.
3:42:25 PM
MR. LOVELL referred to slide 7, entitled "We, the People," which
read:
• Adopt a democratic form of government to protect
our rights and freedoms
• We trust the government rather than private
vengeance to deter and punish
• Criminal punishment is the most severe power the
government exercises (cf. Amendments 4-8 of Bill
of Rights)
• Public servants are bound by oath to respect our
rights
MR. LOVELL added that people understand that the benefits of
mutual cooperation and trust are only available to the extent
that others will not intrude upon them - not steal from them,
not hurt them, not make their lives miserable and insecure.
People understand the bloodshed that will result if people are
forced to protect themselves. He mentioned the "DeShaney
principle" [U.S. Supreme Court case, DeShaney v. Winnebago
County, 1989], which states that while people are in the custody
of the state, it has the duty to protect them from harm.
Everyone who works in a prison is bound by that duty, which
includes maintaining a safe and secure environment for inmates
and staff.
MR. LOVELL turned to slide 8, entitled "Rule of Law and Just
Punishment," which read:
• Our constitution places the exercise of state
power under the rule of law
1. People are imperfect and may abuse power unless
private motives are curbed
2. Profit is no legitimate motive for exercising the
power to punish
?Private prisons undermine the rule of law and the
legitimacy of criminal justice
DR. LOVELL moved to slide 9, entitled "Developing capacity in
Alaska is the Right Thing to Do," which read:
• Who cares what happens to our people when they're
a continent away?
• There is always an official reason for a failing
policy, and usually an alternative
• Alaskans can solve their own problems if they
work together to do the right thing.
DR.LOVELL asked, "To whom should their families address
themselves, if they hear their sons being coerced into joining a
prisoner gang, their daughter is being sexually harassed by
staff, their mentally ill brother is being held in solitary
confinement rather than treated?" He asked whether the
suffering of prisoners is included in the analysis of the costs
of keeping them in state rather then sending them to a private
facility that is - especially for Alaska Natives - an entirely
alien world. He declared, "Here lies the greatest potential for
lasting damage, not only to prisoners but to Alaska
communities." He reiterated that Alaskans can solve their own
problems if they work together to do the right thing.
3:45:48 PM
CO-CHAIR FIELDS opened public testimony.
3:46:47 PM
TERRIA VANDENHUERK relayed that she is a restorative justice
consultant and coach; she was formerly incarcerated; and she is
married to the founder and former leader of the Low Life prison
gang. She said the she has known her husband for 20 years, knew
him before he went to the Arizona prison, and witnessed what the
private prison can do to someone. She related the challenges
her husband has encountered since he retired from his gang
affiliation. Her husband continues to live by the "criminal
code" even though he is now in the Alaska prison system.
MS. VANDENHUERK mentioned that there are private corporations
that operate within the Alaska prison system. The GEO Group,
Inc. (GEO) operates Alaska halfway houses. Securus Technologies
charges for inmate phone calls; it is a huge cost for prisoners;
and prisoners who are poor cannot receive phone calls from their
loved ones. She added that DOC received $1.2 million this year
in kickbacks from Securus for these phone calls. She maintained
that attention should be given to what is transpiring within
Alaska's own prison facilities.
MS. VANDENHUERK emphasized the need for rehabilitation programs.
She mentioned two successful programs that have been
discontinued under the current administration. The
Transformational Living Community (TLC) program had a 28 percent
recidivism rate, compared with the state's overall rate of 67
percent. The Residential Substance Abuse Treatment for State
Prisoners Program (RSAT) offered substance abuse treatment. The
discontinuance of these programs has negatively affected her
husband's rehabilitation. She reiterated the importance of
focusing on DOC institutions. She related several prison
incidences and ACOA's use of her husband's picture in a social
media campaign.
MS. VANDENHUERK concluded by saying that Alaska should not send
prisoners to outside prisons; it should focus on rehabilitation;
it should look for solutions to problems within its own prison
system. She recommended body cameras and drug dogs.
3:54:38 PM
EUGENE HABERMAN offered that Alaska's prisoners are Alaska's
responsibility and not that of another state. He maintained
that separating Alaska prisoners from Alaska makes it more
difficult for them to keep connections with the state. He
expressed his belief that the issue of prison overcapacity is
nothing new, it has spanned multiple administrations, and prison
facilities have been modified to accept more prisoners, which is
unsafe.
MR. HABERMAN referred to the Anchorage Assembly resolution
regarding the operation of private prisons within MOA and stated
that because the resolution was on the consent agenda, public
comment was not allowed. He maintained that state law requires
a reasonable opportunity for the public to be heard. He
expressed his appreciation for the opportunity of public comment
during the presentation. He asked for the number of Alaska
prisoners currently out of state.
3:59:55 PM
ROBERT REDLINGER testified that he is a retired correctional
officer from SCCC. He relayed that there is a CO shortage; he
hears about the overtime that officers are working. He asked
how long Alaska has been short 90 officers; what the breakdown
of the shortage is by facility; and the trends in the shortage
from the time Commissioner Dahlstrom became commissioner until
the present. He stated that years ago he spoke to then
Commissioner Dean Williams and Deputy Commissioner Clare
Sullivan about [hiring] incentives. He said, "Why are we just
talking about it? Let's put some 'rubber on the road' here and
do something. We know we have an issue."
4:01:14 PM
TRIADA STAMPAS, Policy Director, American Civil Liberties Union
(ACLU) Alaska, relayed that ACLU Alaska shares all the concerns
about private prisons and outsourcing prisoners that have been
discussed. She referred to her written testimony [included in
the committee packet]. She stated that private prisons and
prisoner outsourcing fails to address one of the main drivers of
overcrowding in Alaska's prison system. She said that currently
half the prison population in Alaska is unsentenced; they are in
prison awaiting trial or between court appearances. She relayed
that DOC's RFP is for long-term sentenced inmates to be sent out
of state; it would do nothing to address the 20 percent increase
in the unsentenced population that has occurred in the past
year. She said that the largest proportion of the increase in
pre-trial admissions consists of non-violent misdemeanor
offenders. It is this increase that is driving the overcrowding
in the prison system. She expressed her appreciation for
legislative oversight and encouraged the committee to extend its
focus to the main drivers of prison overcrowding. She
maintained that neither outsourcing prisoners nor reopening PCC
would address the overcrowding problem, which is due to the
burgeoning pre-trial population.
[CO-CHAIR FIELDS closed public testimony.]
4:04:17 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:04
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Lovell CV 19.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Lovell Issue Brief 3.8.19.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Lovell Outline.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Lovell Presentation PDF.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Chet Adkins 3rd LTR April 2011.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Chet Adkins 4th LTR July 5 2011.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Chet Adkins 5th LTR December 2011.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Chet Adkins 5th Pt 2 January 2012 prolog.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| ACOA Private Prisons in AK.pdf |
HSTA 12/11/2019 2:00:00 PM |
Pirvate Prisons |
| Supplemental Committee Documents HSTA Hearing 12.11.19.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |
| Supporting Document ACLU Opposition to Private Prisons 12.11.19.pdf |
HSTA 12/11/2019 2:00:00 PM |
Private Prisons |