Legislature(2001 - 2002)
03/20/2002 01:33 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
March 20, 2002
1:33 p.m.
MEMBERS PRESENT
Senator John Torgerson, Chair
Senator Alan Austerman
Senator Pete Kelly
MEMBERS ABSENT
Senator Randy Phillips
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SENATE BILL NO. 231
"An Act relating to correctional facilities."
MOVED CSSB 231 (CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
SB 231 - No previous action to record.
WITNESS REGISTER
Jerry Burnett
Staff to Senator Lyda Green
Alaska State Capitol, Room 125
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 231
Linda Freed
Representative for City of Kodiak
P.O. Box 1397
Kodiak, AK 99615
POSITION STATEMENT: Testified on SB 231
Chief T. C. Kamai
Police Chief
P.O. Box 1397
Kodiak, AK 99615
POSITION STATEMENT: Testified on SB 231
George Avila
No address provided
POSITION STATEMENT: Testified on SB 231
John Mapes
No address provided
POSITION STATEMENT: Testified on SB 231
Mayor John Williams
210 Fidalgo Suite 100
Kenai, AK 99611
POSITION STATEMENT: Testified on SB 231
Daniel Bates
No address provided
POSITION STATEMENT: Testified on SB 231
Jim Lecrone
No address provided
POSITION STATEMENT: Testified on SB 231
Don Valesko
No address provided
POSITION STATEMENT: Testified on SB 231
Dennis Geary
No address provided
POSITION STATEMENT: Testified on SB 231
Joseph Chavez
No address provided
POSITION STATEMENT: Testified on SB 231
Colleen Soberay
No address provided
POSITION STATEMENT: Testified on SB 231
Steve Sweet
No address provided
POSITION STATEMENT: Testified on SB 231
Daniel Colang
No address provided
POSITION STATEMENT: Testified on SB 231
Margaret Branson
City of Seward Representative
Box 271
Seward, AK 99664
POSITION STATEMENT: Testified on SB 231
Charles Campbell
No address provided
POSITION STATEMENT: Testified on SB 231
John Duffy
No address provided
POSITION STATEMENT: Testified on SB 231
ACTION NARRATIVE
TAPE 02-5, SIDE A
CHAIRMAN JOHN TORGERSON called the Senate Community & Regional
Affairs Committee meeting to order at 1:33 p.m. Present were
Senators Austerman, Kelly and Chairman Torgerson.
SB 231-CORRECTIONAL FACILITY EXPANSION
JERRY BURNETT, Staff to Senator Lyda Green, introduced SB 231 as
an act that provides for local construction of approximately
1,200 new beds in existing correctional facilities throughout the
State of Alaska. The need for additional beds is well recognized;
in 1998 the Legislature authorized the construction of an 800 bed
privately constructed and operated prison in Delta Junction, but
it was never built. Then in 2001 the Legislature passed HB 149,
which authorized construction of a minimum of 800 beds on the
Kenai Peninsula but they weren't built either. In both cases the
local community turned down the opportunity to construct the
beds. Because SB 231 provides for the expansion of additional
beds at existing facilities, it should overcome the question of
local approval since the correctional facilities are already
accepted as a part of the communities.
Currently there are several hundred Alaskan prisoners who are in
facilities outside of Alaska so the money spent to house those
inmates provides jobs for people in Arizona not in Alaska. SB 231
would bring those jobs and some of those prisoners home. Even
with the added 1,200 beds, a shortage is likely to occur in a few
years because the Department of Corrections reports that the
prison population is growing by about 300 prisoners per year.
CHAIRMAN TORGERSON asked whether they had received a letter of
support from Fairbanks.
MR. BURNETT replied that they don't have a resolution in support
of SB 231 from the Fairbanks North Star Borough at this time.
CHAIRMAN TORGERSON asked whether they are considering a
resolution.
MR. BURNETT replied it is his understanding that one resolution
had failed to be approved, but it may come up for
reconsideration.
CHAIRMAN TORGERSON asked whether that was the City of Fairbanks
or the North Star Borough.
MR. BURNETT said it was the City of Fairbanks.
CHAIRMAN TORGERSON then asked about the Kenai Borough.
MR. BURNETT replied there is no support from the Kenai Borough,
but the City of Kenai has come out in support of the bill. He
called attention to the proposed amendment in the packets to
remove the Kenai Peninsula Borough and insert the City of Kenai.
SENATOR AUSTERMAN asked whether during the initial discussions
they had considered RFPs (request for proposals) on a statewide
basis.
MR. BURNETT didn't know whether that was ever discussed. The
first discussion was with the Matanuska-Susitna Borough and then
with the Department of Corrections to determine where their needs
were. Those areas were then targeted.
CHAIRMAN TORGERSON called for teleconferenced testimony to begin.
LINDA FREED, City Manager for the City of Kodiak, testified via
teleconference, and called attention to proposed amendment #1 to
add four community jails to the bill. They believe the facilities
originally identified are important for the State of Alaska, but
the community facilities form a backbone, a network and a
partnership with those facilities. The operation of their
facilities and the other community contract jails in the state
actually save the state money because they reduce prisoner
transportation as well as the associated labor costs to transport
prisoners. If adopted, the amendment would provide a mechanism
for them to expand and replace their 60 year-old jail facility.
They are willing to commit local dollars as well as provide the
land for the facility because they hope to replace their police
station, fire station and other municipal facilities at the same
time. They urge passage of SB 231 with proposed amendment #1.
CHAIRMAN TORGERSON commented other communities with contract
jails would probably want to be added.
CHIEF KAMAI echoed Ms. Freed's testimony.
GEORGE AVILA testified via teleconference in support of SB 231.
It makes sense to add to existing facilities.
JOHN MAPES testified via teleconference from Kodiak in support of
SB 231 because it makes sense add to existing facilities and keep
inmates in Alaska near their homes, families, support groups and
their heritage. He didn't want a prison in the tsunami area in
Whittier.
MAYOR JOHN WILLIAMS from the City of Kenai testified via
teleconference in support of SB 231 amended to include the City
of Kenai so they could bond and fund the development of beds at
the Wildwood facility. Several years ago the city did have a
community jail and they were pleased to turn that responsibility
over to the Wildwood Pre-trial Center when it opened.
The reason for bringing attention to the distinction between the
City of Kenai and the Kenai Peninsula Borough is outlined in the
letter from their city attorney. The City of Kenai is a first
class home rule charter city and they have revenue bond ability
for the development of economic projects in and around the city.
Previously they have entered into partnering agreements with the
state as evidenced by their city courthouse. They are "able to go
the bonding on our own to help the state out on this matter."
CHAIRMAN TORGERSON informed Mayor Williams that proposed
amendment #2 deletes the Kenai Peninsula Borough and inserts the
City of Kenai.
DANIEL BATES, a Ketchikan correctional officer, testified via
teleconference in support of SB 231. Many of the concerns in
Ketchikan have already been addressed, but expanding existing
facilities to deal with overcrowding is in everyone's best
interest.
JIM LECRONE, a retired corrections sergeant, testified via
teleconference from Anchorage in support of SB 231. He stated
that public safety and corrections are a governmental function
that should not be privatized. Several small local facilities are
much preferable to one large regional one.
DON VALESKO, Business Manager of Public Employees Local 71,
testified via teleconference in support of SB 231. The economics
of providing jobs across the state is viewed favorably and adding
to an existing facility is cheaper than starting from scratch.
Expanding local facilities brings jobs to the areas and brings
prisoners home.
DENNIS GEARY, Alaska Public Employees Association (APEA)
Assistant Business Manager, testified via teleconference in
support of SB 231. He said Mr. Valesko stated the position of
APEA very well. The funding mechanism Senator Green came up with
is an excellent way to find a solution to a difficult problem.
This makes good economic sense for local communities and the
State of Alaska.
JOSEPH CHAVEZ, a Department of Corrections employee, testified
via teleconference from Bethel in support of SB 231. Expanding
the local facilities will increase efficiency and reduce the
movement of prisoners. More staff would be hired which would mean
economic benefit to the various communities. Additionally, the
staff would be better trained than those in private prisons. The
State of Alaska is mandated to provide for a secure and safe
public and to provide for the care, management and reform of
prisoners.
COLLEEN SOBERAY, City of Bethel representative, testified via
teleconference that the city passed a resolution in support of
the bill. The Yukon Kuskokwim Correctional Facility is located in
Bethel and expansion of that facility would allow prisoners to be
closer to their families and culture, which would enhance
rehabilitation efforts.
The economic impact associated with returning prisoners to Alaska
or incarcerating prisoners in Alaska should be shared statewide.
It makes sense that Alaskan residents benefit from the money that
is currently spent in Arizona. The Department of Corrections is a
responsive agency and the city supports the creation of
additional professional jobs for the community. Now more than
ever, all options need to be explored to foster economic
development and to create jobs in the community. The city also
supports the financing concept identified in the bill.
STEVE SWEET testified via teleconference from Fairbanks in
support of SB 231. Expansion of existing facilities is preferable
to privatization.
DANIEL COLANG testified via teleconference in support of SB 231.
He has been a corrections officer for 25 years and overcrowding
has been a problem during his entire career. The additional beds
are sorely needed.
MARGARET BRANSON testified via teleconference that the City of
Seward supports SB 231 and other bills that are similar. The
Spring Creek Facility was built with the idea of expansion and it
now has a very successful youth offender program. They are
interested in expanding this facility because the number of youth
offenders is rising.
There was no additional teleconferenced testimony.
CHARLES CAMPBELL testified that he is a past Director of
Corrections in Alaska and Compliance Monitor for the Cleary
facility. The regional approach would allow several projects to
be started simultaneously. He was very much in favor of expanding
existing facilities and avoiding the construction of a single
large prison. Correctional programs work better in smaller
facilities.
Ninety five percent of the inmates in Alaska prisons will return
to the community so neglecting measures that would help offenders
become more responsible citizens does not make sense economically
or otherwise. Alcohol and drug programs need to be expanded and
prison industries should be supported because idleness is the
bane of good corrections. Each of the facilities that would be
expanded has community volunteer programs and those should be
encouraged.
JOHN DUFFY, Matanuska-Susitna Borough Manager spoke in favor of
SB 231. Rather than reiterate all the testimony that had already
been given, he simply stated they support the regional approach,
which spreads the economic impact throughout the state and
addresses many community needs for expansions.
MARGO KNUTH from the Department of Corrections reminded members
of the Governor's bills SB 336 and HB 497 for expansion of
corrections facilities. The administration appreciates the
regional approach suggested by Senator Green's bill and the
facilities that are listed are in the right places and ask for
the right number of beds. Including the four community jails that
are in the Governor's bill seems timely and appropriate. All 15
community jails in the state are looking for resources, but the
four mentioned in this bill are the ones that are the most highly
utilized. Because of the current budget concerns, it makes sense
to include those four jails based on the utilization rates.
She pointed out a small typographical error on page 1, line 12.
The word "facility" should be changed to "facilities" because
within the Matanuska-Susitna Borough there is the Palmer
Correctional Facility, the Mat-Su Jail and the Point MacKenzie
Farm. This bill is to authorize expansion of all those facilities
There are differences in the financing mechanisms between Senator
Green's bill and the Governor's bill but it might be best to
consider those issues in the Finance Committee.
CHAIRMAN TORGERSON announced they had proposed amendments #1, #2,
and technical amendment #3 to consider.
SENATOR AUSTERMAN made a motion to adopt amendment #1. On page 2,
line 6 it added Dillingham, Kodiak, Kotzebue and North Slope
Borough to the list for new or expanded correctional facilities.
There being no objection, amendment #1 was adopted.
SENATOR AUSTERMAN made a motion to adopt amendment #2, which
changed page 2, line 5 to delete the Kenai Peninsula Borough and
add the City of Kenai.
There being no objection, amendment #2 was adopted.
SENATOR AUSTERMAN made a motion to adopt technical amendment #3
to delete "facility" and insert "facilities" on page 1, line 12.
There being no objection, amendment #3 was adopted.
SENATOR AUSTERMAN made a motion to move SB 231 and attached
fiscal note from committee with individual recommendations.
There being no objection, SB 231 moved from committee.
ADJOURNMENT
There being no further business before the committee, Chairman
Torgerson adjourned the meeting at 2:05 p.m.
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