Legislature(1997 - 1998)
02/02/1998 01:35 PM Senate CRA
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SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
February 2, 1998
1:35 p.m.
MEMBERS PRESENT
Senator Jerry Mackie, Chairman
Senator Gary Wilken , Vice Chairman
Senator Dave Donley
Senator Randy Phillips
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
ALSO IN ATTENDANCE
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SENATE BILL NO. 246
"An Act amending the definition of correctional facility to include
a therapeutic treatment center; providing for the conveyance of the
Harborview Developmental Center and appurtenant land to the City of
Valdez for the purpose of conversion and lease of a part of the
center for a therapeutic treatment center for the Department of
Corrections; providing that such a land conveyance counts toward
the general grant land entitlement of the City of Valdez; and
providing for an effective date."
- MOVED SB 246 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 246 - No previous action to record.
WITNESS REGISTER
Ms. Betsy Robson, Assistant Director
Division of Institutions
Department of Corrections
4500 Diplomacy Drive, Suite 207
Anchorage, AK 99508
POSITION STATEMENT: Offered information on therapeutic treatment
center.
Dwayne Peeples, Director of Administrative
Services
Department of Corrections
P.O. Box 112000
Juneau, AK 99811-2000
POSITION STATEMENT: Answered questions on SB 246 fiscal note.
Dugan Petty, Director
Division of General Services
Department of Administration
P.O. Box 110210
Juneau, AK 99811-0210
POSITION STATEMENT: Spoke to disposal of Harborview facility.
Larry Streuber
Division of Administrative Services
Department of Health, Education & Social Services
P.O. Box 110650
Juneau, AK 99811-0650
POSITION STATEMENT: Spoke to state's responsibility if
Jim Baldwin, Assistant Attorney General
Governmental Affairs Section
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Testified on SB 246.
Ms. Sylvia Sullivan, President
Alaskans For A Just Society
P.O. Box 2684
Valdez, AK 99686
POSITION STATEMENT: Believes SB 246 poorly drafted.
Representative Gene Kubina
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified in support of SB 246.
Dave Dengel, City Manager
City of Valdez
P.O. Box 307
Valdez, AK 99686
POSITION STATEMENT: Testified in support of SB 246.
ACTION NARRATIVE
TAPE 98-1, SIDE A
Number 001
SB 246 - HARBORVIEW DEVELOPMENTAL CENTER
CHAIRMAN MACKIE called the Senate Community & Regional Affairs
Committee meeting to order at 1:35 p.m. and noted all members
present. He then brought SB 246 before the committee as the only
order of business.
BETSY ROBSON, Assistant Director, Division of Institutions,
Department of Corrections (DOC), said the therapeutic treatment
center program has far reaching impact in terms of public safety
and also helping to reduce the number of victims in the state. A
recent national study conducted by Columbia University Addiction
and Substance Center implicated that there was an increase in the
rate of arrest, conviction and imprisonment of persons involved in
property, drug and violent crimes. In addition, it was found that
alcohol was determined to be a bigger culprit in connection with
murder, rape, assault, child and spousal abuse than any of the
other drugs.
SB 246 provides the statutory authority for the Department of
Corrections to run a therapeutic treatment center as part of its
correctional center. It also provides for the transfer of land and
real property to the city of Valdez with the intention that a
portion of the building will be leased to the Department of
Corrections for use as a correctional treatment center. The fiscal
note attached to the bill reflects nine months of operating funds.
Ms. Robson said the department believes the program is an important
asset to the Department of Corrections in that it is estimated that
approximately 85 percent of the inmates incarcerated in Alaska had
involvement with substance abuse at the time they committed their
crimes. The department currently offers an array of treatment in
terms of education, introduction to treatment and institutional
outpatient model. The addition of an intense treatment program at
Valdez would provide for a full continuum of care and would allow
them to address the very seriously addicted offenders.
Ms. Robson related that the Valdez program will accommodate
approximately 60 prisoners, 50 of whom will be involved in various
phases of intense treatment, while 10 will be in a pretreatment
status. The length of the program will average 10 months with some
inmates requiring up to 12 months of treatment. The inmates will
be selected from Department of Corrections' facilities across the
state. The program is intended for prisoners with severe substance
abuse problems who, through their participation and treatment, will
be considered for furlough and parole, so essentially they will be
reaching a segment of their population that wouldn't otherwise be
available for parole or furlough, or would be too high risk to be
considered.
Ms. Robson said special features of the program being proposed
include the recognition of cultural relevance, as well as a strong
transitional component.
Ms. Robson advised that an important factor to the department as it
has moved forward with this project has been the willingness of the
Valdez community to work with the department in the development of
the project. They have been very helpful to the department and
have demonstrated a very strong willingness to participate in the
planning and design of the facility, as well as its ongoing
operation.
Ms. Robson noted there are many positive features to the program,
and one of the more positive features is the fact that it is a
cost-effective program. An analysis done on the basic cost of care
per day for operations shows it to be very comparable to the
current cost of care per day in the other correctional facilities.
A final cost savings for the state is the reduction in the
recidivism rate which the department anticipates seeing as a result
of the implementation of the program. She referenced a recently
published document from the Office of Justice Programs that
indicated that nationally the reports and evaluations coming in
from other jurisdictions indicate that in fact there is a
consistent reduction in recidivism among people who do participate
in these types of programming.
Number 145
SENATOR DONLEY asked how much of a reduction in recidivism she was
speaking to. MS. ROBSON replied that the rate varies between
programs, but it was found that overall most of the programs did
realize a reduction in recidivism. Some of the studies she has
seen show they are reduced as much as 30 percent. SENATOR DONLEY
commented that if somebody were to come forward and present as a
case that there will be a reduction in recidivism and base it on
some studies, he would like to know the actual percentages being
projected.
Number 195
SENATOR DONLEY also asked if the Administration has a goal for the
rate of reducing recidivism in the state of Alaska. MS. ROBSON
responded that although she didn't have a number and it is
something that they will be working on, they would like to see a
recidivism rate that would be comparable to the national rates.
SENATOR DONLEY pointed out that at some point this legislation will
be in the Finance Committee, and that committee is very result-
oriented in government. He suggested having at least a target of
what they would hope to accomplish for this particular expenditure.
CHAIRMAN MACKIE also suggested providing information on the cost
savings back to the state because of the reduction in the rate of
recidivism.
Number 230
SENATOR WILKEN said Commissioner Pugh has indicated that early
release will eliminate the need for prison beds, and he asked if
the bill's fiscal note indicates that freeing up of beds. DWAYNE
PEEPLES, Director of Administrative Services, Department of
Corrections, responded that it is not reflected in the fiscal note.
He added that the state is currently running 120 percent over
maximum capacity, and this program would add additional beds to the
system. SENATOR WILKEN also mentioned that he does not agree with
the 2 percent CPI increase that is included in the department's
fiscal note.
CHAIRMAN MACKIE asked how much that 120 percent figure would be
reduced if this facility were to come on line. MR. PEEPLES didn't
have that information available, but he said he would get it and
provide it to the committee.
Number 254
DUGAN PETTY, Director, Division of General Services, Department of
Administration (DOC), explained that the Harborview Developmental
Center is being decommissioned by the Department of Health &
Social Services although the Valdez Community Hospital continues to
operate a portion of the facility. DOA became involved to
coordinate an effort on the potential disposal of the project and
has worked with the departments of Natural Resources,
Transportation, Health & Social Services, Corrections, as well as
the City of Valdez to negotiate an interim agreement. The interim
agreement allows for a potential agreement on an ongoing lease
arrangement if it is to be funded by the Legislature.
Mr. Petty said that in any case, this facility must be
decommissioned. DOA circulated the excess notice out to all state
agencies, and there is no other utilization or use of the facility
other than this potential use by the Department of Corrections and
the Valdez Community Hospital. In the event this project does not
move forward and there is no other potential use for the facility,
it would have to go through some type of disposal process.
Number 277
CHAIRMAN MACKIE asked if it was DOA's position that this is really
the only practical and best use of this facility other than
mothballing it. MR. PETTY replied that's all they are aware of at
this point in terms of circulating it to other state agencies.
SENATOR WILKEN asked if any private or nonprofit organization has
expressed an interest in buying or leasing this building. MR.
PETTY replied that he is not aware of any such expressed interest.
He pointed out that DOA typically does not go out in a disposal
process and advertise until they've determined that there is not an
internal need and, at this point, they are focused on an internal
need of an agency.
SENATOR WILKEN asked who would own and operate the facility if this
project were to go through. MR. PETTY replied that if a
conveyance, which is provided for in Section 2 of the bill, were
to take place with the City of Valdez, the city would become the
owner of the property and would have responsibility for the
ownership and operation of the property. The state would be
disengaged from it with the exception of should there be a lease
agreement entered into between the Department of Corrections and
the City of Valdez. The Department of Natural Resources has the
authority to dispose of excess real property.
CHAIRMAN MACKIE questioned if the Administration has the ability to
do this without a piece of legislation. MR. PETTY acknowledged
that the Administration does have the ability to convey real
property and DOA has the ability to surplus personal property.
However, he also pointed out that the legislation establishes where
the funds might come from for the project.
Number 330
SENATOR HOFFMAN asked if it was the intent for the state to
transfer the facility to Valdez and then lease it back for the
treatment center. MR. PETTY acknowledged that was correct.
Number 343
LARRY STREUBER, Division of Administrative Services, Department of
Health and Social Services, said the decision was made three years
ago to close Harborview Development Center and to move its
residents out into the community. The last residents were out
November 15 and the last program staff were out December 30.
Mr. Streuber related that the state has put a lot of money into
Harborview over the years and it is in very good condition. To
protect the building, effective January 1, 1998, the Department of
Health and Social Services implemented an asset protection program,
and the one maintenance position that was retained will be on staff
until June 30, 1998. However, if the building isn't transferred to
the City of Valdez, it remains a state responsibility to protect
that building and keep it in an asset protection mode. It has been
estimated that if Harborview remains in state ownership in the
asset protection mode, it will cost about $265,000 a year to
protect and cover expenses of the facility.
Number 375
JIM BALDWIN, Assistant Attorney General, Department of Law,
directed attention to a letter received from a citizens' group
relating to the legislation, and he said thinks the concerns raised
in the letter can be answered and that there would not be any
substantive problem with the bill.
Mr. Baldwin said that while he agrees with Mr. Petty that it is not
necessary to have a statute to authorize a disposal to a local
government unit, there are specific tailored purposes of this
particular transfer that are set out as conditions, and the
department believes it would be beneficial to have these in law so
that the transfer would be done in accordance with those
conditions. That would set the tone for the transfer and require
that there be a disposal with a lease-back provision, and under
that lease-back provision, the state, to the extent that it
provides for the operation of the facility, would be responsible
for its actions in operating the facility.
Number 407
SYLVIA SULLIVAN, President, Alaskans For a Just Society, testifying
from Valdez, said her group is in support of the Harborview
facility. However, she expressed her concern that there hasn't
been a contract drawn up that the people of Valdez can see. She
asserted the bill won't be any good unless the people of Valdez are
agreeing to all the terms of the contract. She believes the bill
is vague, ambiguous, not enforceable, and a terrible piece of
drafting.
JIM BALDWIN clarified that the bill is not intended to be a
contract. It is intended to set out the elements for a contract
that is yet to be negotiated.
Number 478
SENATOR DONLEY made reference to a backup document provided by the
Administration, and he said when talking about recidivism rates and
corrections that they tend to give statistics based on very, very
short periods of time. He noted the document did not identify over
what period of time it reflects, and on a previous page it makes
reference to the success rate after one year; however, he believes
that is too short a time to get an accurate feel for whether
something has really been a success or not. He would be interested
in seeing a cost benefit analysis of investing money into a program
like this on what the success rates have been for periods longer
than one year.
Number 495
CHAIRMAN MACKIE asked how many employees it would take to operate
this treatment center. BETSY ROBSON answered that it would be 18
state employees, which would include the correctional presence, as
well as approximately 11 contract staff that would be providing the
treatment at the facility.
Number 500
SENATOR PHILLIPS inquired if the department has considered
contracting out to a nonprofit organization. BETSY ROBSON
responded that they are looking at a DOC presence in terms of
providing security and then there would be an RFP to contract a
vendor for the treatment part of the program.
Number 512
REPRESENTATIVE GENE KUBINA, testifying from Valdez, related that
with the closure of Harborview , approximately 110 people lost
their jobs. Two years ago the Legislature appropriated $250,000 to
the City of Valdez to start working on a plan of how to reuse the
Harborview facility. In last year's budget, $104,000 was
appropriated to the Department of Corrections to work on this
therapeutic community of up to 100 people. The legislation also
required that the Department of Corrections track costs and the
effectiveness of the program. He noted that the City of Valdez
actually takes quite a bit of risk away from the state by taking
over and maintaining that building. He also expressed concern on
the effect it would have on the operation of the hospital and its
future if nothing were to go into that building and it had be
disposed of by the state.
Number 546
DAVE DENGEL, City Manager, City of Valdez, testifying from Valdez,
said when it became evident that Harborview Development Center was
going to close, the city formed a task force to look for
alternative uses for the facility. The city hospital is an
integral part of that facility and therefore they needed to find
some use that would keep the building operational so that they
could retain that hospital. The task force considered several
potential uses, and through elimination the alternative use that
came to be the best fit for the facility and the community was the
drug and alcohol treatment center.
Mr. Dengel said the city has been working with the Department of
Corrections for approximately 18 months to fine tune the project.
The jobs that this center will bring are very important to the
community although that number is substantially lower than when the
Harborview Developmental Center was operating.
Mr. Dengel related that the Valley City Council recently approved
the interim agreement with the state that begins the process to
transfer the facility to the city. The city will lease a portion
of the facility back to corrections for the space that they need to
operate their treatment center, and the city will work to find
other tenants for the space that isn't needed by corrections.
Mr. Dengel expressed his appreciation to Commissioner Pugh, her
staff, and other state agencies for working with the city to
identify alternative uses for the facility. He said the project is
truly a partnership between the city and the state, and he
encouraged moving the bill forward through the process.
Number 574
SENATOR LINCOLN commended Mr. Dengel, the task force and people of
the community for their hard work in finding alternatives for the
Harborview facility.
Number 580
There being no further testimony on SB 246, CHAIRMAN MACKIE said it
was his intent to move the bill on to the next committee of
referral, which is the Health, Education and Social Services
Committee.
SENATOR DONLEY moved and asked unanimous consent SB 246 and the
accompanying fiscal notes out of committee with individual
recommendations. Hearing no objection, it was so ordered.
There being no further business to come before the committee, the
meeting adjourned at 2:22 p.m.
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