Legislature(1993 - 1994)
02/24/1993 09:05 AM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
February 24, 1993
9:05 a.m.
TAPES
SFC-93, #31, Side 1 (000-end)
SFC-93, #31, Side 2 (575-173)
CALL TO ORDER
Senator Steve Frank, Co-chairman, convened the meeting at
approximately 9:10 a.m.
PRESENT
Co-chairs Frank and Pearce and Senators Kelly, Kerttula,
Rieger, and Sharp were present. Senator Jacko arrived soon
after the meeting began.
ALSO ATTENDING: Senate President Rick Halford; Charlot
Thickstun, Director, Division of Elections; Allen J. Cooper,
Deputy Director, Division of Institutions, Dept. of
Corrections; Sam Trivette, Director, Community Corrections,
Dept. of Corrections; Rick Barrier, Director, Administrative
Services, Dept. of Corrections; and aides to committee
members and other members of the legislature.
SUMMARY INFORMATION
SB 100 - Act making supplemental and special appropriations
for the expenses of state government; making,
amending, and repealing capital and operating
appropriations; and providing for an effective
date.
Discussion was had with staff from the DEPT. OF
CORRECTIONS regarding supplemental funding for the
department.
CSHB 94- An Act making a supplemental appropriation for
costs of (Fin) elections operations; and providing for an
effective date.
Testimony was provided by Charlot Thickstun,
Director of Elections. The bill was subsequently
HELD in committee for further review.
SENATE BILL NO. 100
An Act making supplemental and special
appropriations for the expenses of state
government; making, amending, and repealing
capital and operating appropriations; and
providing for an effective date.
Cross reference to CCS SB 165. Supplemental funding was
ultimately included within CCS SB 165.
CONFERENCE CS FOR SENATE BILL NO. 165
An Act making an appropriation to the Alyeska
Settlement Fund and making appropriations from the
Alyeska Settlement Fund; making, amending, and
repealing operating and capital appropriations; and
providing for an effective date.
ALLEN J. COOPER, Deputy Director, Division of Institutions,
Dept. of Corrections, came before committee, directing
attention to a handout (Attachment A) containing an overview
of the department's FY 93 supplemental request. He
referenced last year's plan to cut $7.5 million from the
department budget. That amount included the prisoner phone
system which was estimated to produce $300.0 in revenues.
The food service consolidation saved $125.0 beyond the
predicted $650.0. The department met the estimated $100.0
reduction in out-of-state contractual funding. The
estimated $410.0 reduction in the training unit was also
achieved.
Mr. Cooper next referenced reconfigurration and personnel
reductions. At the Fairbanks Correctional Center, the
department planned on reducing 8 positions. Three were
actually reduced, and 5 remain due to the fact that the
center is being operated at approximately 45 prisoners
beyond design capacity.
The department planned on cutting 2 positions at Hiland
Mountain (a correctional officer III and a mental health
clinician). Since the clinician involved mental health land
trust funding, the department was unable to make that cut.
Of the projected $117.8, only $45.0 was reduced.
At the Ketchican Correctional Center, the department had
slated four correctional officer positions for reduction for
a total of $291.6. When reductions were made, the newest,
lowest paid employees were laid off. A savings of only
$241.0 was thus achieved.
The department planned on cutting 15 positions at the Lemon
Creek Correctional Facility but ended up cutting 9. To
achieve that, the department had to double-bunk the wings
and housing modules, close one dorm, etc. There have been
no incidents as a result of the reduction, and containment
of prisoners in program areas is better. Overtime has also
been reduced by an average of 350 hours a month.
The department projected closing 19 beds in the old building
at Mat-Su Pretrial. After review, the department determined
it was unable to do that to achieve the $432.8 savings.
However, the assistant superintendents and two other
positions were reduced for a savings of $232.3.
At the Palmer Correctional Center the department planned to
cut $318.2, but it was only able to reduce $224.1. That
reflects reduction of a maintenance worker and three other
positions. Funding for one position was also moved to
transportation to cut down on transportation costs.
The department planned on cutting $111.4 on the Sixth Avenue
Correctional Center. It actually cut $54.8 for a
maintenance position. The other anticipated cut could not
be made due to furlough demands associated with placing
"people in the community."
Projections for the Spring Creek Correctional Center called
for a $129.9 reduction. The department reduced two
correctional officers but missed the projected amount by
$5.8 because the positions involved lower paid employees.
The department achieved the projected $250.0 in overtime
reductions. That reflects a reduction of $67.0 at Lemon
Creek. Last year Spring Creek averaged 1,206 hours of
overtime per month. That has been reduced to 659. At
$36/hr. that equates to approxi-mately $36.0 per month.
The department did not accomplish the projected $165.7 in
reclassification of CO IIIs. Mr. Cooper explained that the
issue relating to time accounting requires many years of
experience. It is not something a clerk can do. A new time
accounting manual has been written and will be computerized
within the next year. That will aid in allowing CO IIIs to
exercise oversight responsibility.
The projected travel reduction of $130.8 actually yielded
$100.0. The department is $30.8 short of its goal.
Speaking to Wildwood downsizing, Mr. Cooper explained that
the department began the effort on May 15. Approximately
149 prisoners were moved from the facility which is now down
to 55 beds. That was accomplished by maximizing bed space
in community placements. A "good-time" regulation
adjustment also assisted. While the approach was
aggressive, the cyclical nature of inmate population shifts
produced an unanticipated increase. In July the state had
an average in-state population of 2,679. In December the
average was 2,855 prisoners. That is an average increase of
176 prisoners per month. Of that amount, 136 are in main
institutions, and 40 are in halfway houses. Emergency
capacity is 2,554 beds with Wildwood at 145 beds. On the
20th and 21st of this month, the department had 2,640
prisoners in institutions. That is 90 prisoners beyond
emergency capacity. In the past 17 years, state
institutions have not experienced a similar capacity
problem. It is extremely difficult to manage in that type
of environment. If Wildwood were put back into full
operation at 204 beds, the state would still be 40 beds from
meeting emergency capacity.
Ten of the twelve institutions are presently in court under
Cleary.
A rating of state institutions in 1982 indicated that
Alaska's system was the sixth safest in the nation. In the
most recent rating, Alaska remains high in terms of safety
due to the fact that staff is professional and dedicated and
institutions are smaller. The recommendation was to address
population problems and capacity issues. The Commissioner
was appraised of that recommendation. He went to the
Governor, and the decision was made to open Wildwood.
Discussion followed between Co-chairman Frank and Mr. Cooper
regarding inability to fully utilize Wildwood because of
lack of trained personnel. It will be May or June before a
six-week academy will be offered, allowing the department to
backfill needed positions at Cook Inlet, Sixth Avenue,
Spring Creek, and Wildwood. It will be July before Wildwood
could be fully activated.
The department is averaging 94% of 312 halfway house beds.
Fifty percent of the 350 inmate population of the Palmer
Correctional Center has turned over through placement in
community beds. The Anchorage area has averaged 2,600 out
of CRC for misdemeanant and felony placements. None have
committed an offense or violent act. At this point, the
correctional system has shifted through its population to a
point where it is pushing the risk factor associated with
community placement.
In response to a request from Co-chairman Frank, Mr. Cooper
explained that the department would be adding back
approximately $1,996.0 for Wildwood, for the remainder of
the year, to pick up staffing (85 out of 108 positions are
presently occupied).
Directing attention to the projected $100.0 reduction in
inmate health care, Co-chairman Frank raised questions
associated with the fact that this area of the department
budget has apparently been underfunded for a number of
years. RICK BARRIER came before committee. He explained
that the $100.0 reduction reflects cuts made by the House
Finance Committee. The department did not initially plan
them.
The Northern Region found that it could not obtain the
projected $198.1 reduction and continue to provide needed
supervision of 3,700 probationers. Co-chairman Frank noted
a plan to pull probation officers from Nome and Kotzebue.
SAM TRIVETTE, Director, Community Corrections, came before
committee. He concurred that projected savings would have
meant closure of the Kotzebue, Dillingham, and Sitka
probation offices. Records indicate that there is currently
a case load and a half at Dillingham, and Kotzebue and Sitka
are running close to full case loads. Anchorage services
Dillingham, while Kotzebue and Sitka are serviced from Nome
and Juneau, respectively. Staff restrictions at both Juneau
and Nome would prohibit servicing. The opinion of the
attorney general was that leaving these areas unsupervised
would create substantial liability for the state. It was
thus determined that closure of the offices would not be
feasible.
Discussion followed between Co-chairman Frank and Mr.
Trivette regarding management of prisoners in outlying areas
by probation personal located at some distance. Mr.
Trivette explained that probation officers utilize whatever
resources are available in the rural community. Contact
people are often village public safety officers, a community
health aide, pastor of a church, a village elder, etc. Much
of the contact is by telephone.
Further comments followed by Rick Barrier, Director,
Administrative Services, regarding intermediate sanctions.
He explained that the department would be requesting $1.5
million for that purpose. Co-chairman Frank voiced his
understanding that if the supplemental was not provided, the
beds would not be added. Mr. Barrier concurred. He further
advised that they are not presently contracted for. Co-
chairman Frank requested a written analysis of beds to be
added and the existing backlog of individuals waiting to
serve time.
Mr. Cooper said that the actual for FY 92 was $114.5
million. In April of 1992, the estimated need was $120
million. A net reduction of $7.7 million resulted in a
total budget of $112.3 million. The department proceeded
with an aggressive effort aimed at reduction. However,
intake and remands of prisoners in the system placed
additional stress on the department.
Senator Kerttula noted that the original budget was $116.0.
OMB and House Finance required $4 million in reductions.
Discussion followed between Mr. Barrier and Co-chairman
Frank regarding inmate health care. Senator Kerttula
acknowledged need to get on top of the issue.
Co-chairman Frank pointed to a notation which read "reduce
pay to 3.5%, no impact on DOC operations." He then sought
clarification. Mr. Barrier explained that the Governor's
budget assumed a 5% pay increase. The reduction to 3.5% was
thus an easy cut.
Senator Rieger inquired regarding those in the CRC program,
asking if they are included within correctional system
health care. Mr. Barrier explained that the care extends to
"anyone that is in the care and custody of the department."
Mr. Cooper noted that those on probation are not covered,
those who are electronically monitored fall under pretrial
diversion and are not covered, but those on furlough in
halfway houses for the last few months of their sentence
prior to release into the community are still under custody
and would be covered. In response to a further question
from Senator Rieger, Mr. Cooper said that average custody
for 1992 was approximately 2,650. That includes
institutions and halfway houses. He further noted that the
custody number for February of this year was 3,034.
Pointing to estimated expenditure of over $9 million for
medical care, Senator Rieger voiced his understanding that
the state is paying "over $3,000 per prisoner, on average.
Mr. Cooper explained that that amount would be spread over
total man-day costs which cover bookings and prisoners in
state custody for only a short period. On that basis the
cost is approximately $8.97 per day. Senator Rieger noted
frustration over the fact that many Alaskans are unable to
afford $3,000 a year for health care.
End, SFC-93, #31, Side 1
Begin, SFC-93, #31, Side 2
Mr. Cooper advised that litigation issues drive medical
costs to higher levels. Demands forced upon the system are
increasing. The Commissioner is attempting to get a health
care administrator to directly supervise this area and try
to get a handle on it.
Senator Kerttula asked if the department routinely tests for
AIDS. Mr. Cooper responded that testing is voluntary. The
department tests those shown to be predatory promiscuous and
can segregate those individuals. The correctional system
presently has 14 prisoners with AIDS related problems.
Thirteen have tested positive for HIV, and one has AIDS.
Dr. Townsend has suggested that community placement of
terminally ill offenders would cost substantially less than
the current $500.0 per year.
Discussion followed between Senator Kerttula and Mr. Cooper
regarding segregation of inmates who are ill. Further
discussion followed between Mr. Cooper, Mr. Barrier, and
Senator Sharp relating to pre-existing conditions. Mr.
Barrier explained that only medical needs meeting all
requirements are taken care of. The medical budget
committee denies 50% of all requests for treatment outside
of the institution. There is an extensive review process
before services are provided. Only medical requirements
which meet standards set forth in law are approved. Senator
Kerttula commented that his past experience with medical
care provided to prisoners indicates that it is not
overdone.
At the conclusion of the presentation by the Dept. of
Corrections, Co-chairman Frank directed that the meeting be
briefly recessed.
RECESS - 10:05 A.M.
RECONVENE - 10:20 A.M.
CS FOR HOUSE BILL NO. 94(FIN)
An Act making a supplemental appropriation for
costs of elections operations; and providing for
an effective date.
CHARLOT THICKSTUN, Director, Division of Elections, came
before committee. She explained that the supplemental bill
began as a request for $891.5 (SB 74) to cover costs of
election operations for FY 93. In House Finance the bill
was amended to cover costs only until April 30, 1993. It
now totals $312.3.
Shortfalls within the division resulted from unbudgeted
reapportionment costs, higher election costs resulting from
litigation surrounding both reapportionment and the closed
primary, and changes in deadlines. The division originally
proposed that supplemental funding for reapportionment be
included as an agenda item for the special session called by
Governor Hickel last June. That request for $1.6 million
was submitted to the Office of Management and Budget for
review. OMB was able to justify $961.1.
When budgeting needs were not addressed during the special
session, the division relied upon the Dept. of Law to
ascertain whether operating funds could be expended on
unbudgeted reapportionment-related functions. The division
was advised that allocations are not budgeted by election
function. Rather, they represent a total allocation for all
election-related activities within the division. The
division was also informed that it was mandated to go
forward in order to facilitate the 1992 national and state
elections.
In a normal year, the division begins preparations for fall
primary and general elections in March. In 1992, that
preparation could not be started because of lack of
finalization of reapportionment. The time-frame for
appointing election workers and preparing election materials
was compressed from six to two months. It took a great
amount of staff and overtime to accomplish what was
necessary in that restricted time period.
There was never any doubt the division would run out of
money. The question was whether it could last until the
legislature convened.
The division has undertaken efforts to cut operating costs,
including elimination of three full-time positions and all
temporary employees. With the exception of supervisory
staff, permanent employees have been reduced to 30 hours a
week.
While HB 94 was under consideration in House Finance,
$27,648 for ten, range 8 temporaries was approved to finish
data input of 30,000 voters onto registration rolls prior to
Anchorage and Mat-Su municipal elections April 20.
Mrs. Thickstun voiced her understanding that an election is
deemed successful if no lawsuits ensue. Based on that
criteria, the division did an exceptional job in both the
1990 and 1992 elections. Voter turnout for the most recent
general election set a record for Alaska and was eighth
highest in the nation.
Senator Kelly voiced support for the $312.0 supplemental,
acknowledging that, in light of reapportionment, the
division did a "marvelous job."
In response to a question from Co-chairman Frank, Mrs.
Thickstun said that the $891.0 request was intended to cover
operating expenses to the end of June. It also included
reimbursement of costs incurred to the Dept. of
Administration, division of information services,
contingency moneys loaned by the Governor, and a $125.0
legal contract for defense of Mrs. Thickstun's
certification of the recall petitions.
Co-chairman Frank noted the $356.2 for personal services,
and $310.0 for Dept. of Administration computer charges.
Mrs. Thickstun explained that $242.0 was budgeted for
computer time. As a result of reapportionment and other
election expenses, costs were higher. She further advised
that reapportionment was never budgeted for. It was
necessary to hire additional staff to input voter
information. Extensive overtime was also incurred since two
shifts were operating. After the initial reapportionment
plan was struck down by the courts and an interim plan was
effected, "everything had to be redone."
The division expected that in the worst case, funding needs
might total $1.6. OMB said it could only justify $961.0,
which was more than our original $891.0 request. Co-
chairman Frank voiced his understanding that the legislature
budgeted $1.6 million for the primary and general election.
Mrs. Thickstun concurred, advising that it represented
cyclical funding provided the division in an election year.
Senator Sharp voiced his understanding that the $312.0 would
carry the division through April, but that an additional
$183.0 would be needed for May and June. Mrs. Thickstun
concurred.
Co-chairman Frank announced that CSHB 94 (Finance) would be
HELD in committee for further review and again considered at
9:00 a.m. the next day.
ADJOURNMENT
The meeting was adjourned at approximately 10:40 a.m.
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