03/19/2018 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB122 | |
| HB312 | |
| SB214 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 122 | TELECONFERENCED | |
| += | HB 312 | TELECONFERENCED | |
| *+ | SB 214 | TELECONFERENCED | |
| + | TELECONFERENCED |
^#SB214
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 19, 2018
1:31 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Pete Kelly
Senator Bill Wielechowski
Senator Mike Shower
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 122
"An Act repealing the authority for a child abuse or neglect
citizen review panel in the Department of Health and Social
Services; and establishing the Child Protection Citizen Review
Panel in the office of the ombudsman."
- MOVED CSSB 122(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 312
"An Act relating to arrest without a warrant for assault in the
fourth degree at a health care facility; and relating to an
aggravating factor at sentencing for a felony offense against a
medical professional at a health care facility."
- MOVED HB 312 OUT OF COMMITTEE
SENATE BILL NO. 214
"An Act authorizing the commissioner of corrections to establish
a correctional industries program; establishing a correctional
industries board; authorizing the Department of Corrections to
receive money from the employment of prisoners; and providing
for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 122
SHORT TITLE: OCS CITIZEN REVIEW PANEL
SPONSOR(s): SENATOR(s) COGHILL
05/17/17 (S) READ THE FIRST TIME - REFERRALS
05/17/17 (S) HSS, JUD, FIN
02/26/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/26/18 (S) Heard & Held
02/26/18 (S) MINUTE(HSS)
02/28/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/28/18 (S) Moved SB 122 Out of Committee
02/28/18 (S) MINUTE(HSS)
03/01/18 (S) HSS RPT 3DP 1NR
03/01/18 (S) DP: WILSON, VON IMHOF, GIESSEL
03/01/18 (S) NR: BEGICH
03/12/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/12/18 (S) Heard & Held
03/12/18 (S) MINUTE(JUD)
03/19/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 312
SHORT TITLE: CRIMES AGAINST MEDICAL PROFESSIONALS
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
01/26/18 (H) READ THE FIRST TIME - REFERRALS
01/26/18 (H) JUD
02/05/18 (H) JUD AT 1:30 PM GRUENBERG 120
02/05/18 (H) Heard & Held
02/05/18 (H) MINUTE(JUD)
02/07/18 (H) JUD AT 1:00 PM GRUENBERG 120
02/07/18 (H) Moved HB 312 Out of Committee
02/07/18 (H) MINUTE(JUD)
02/09/18 (H) JUD RPT 4DP 3AM
02/09/18 (H) DP: KOPP, KREISS-TOMKINS, STUTES,
CLAMAN
02/09/18 (H) AM: EASTMAN, LEDOUX, REINBOLD
02/16/18 (H) TRANSMITTED TO (S)
02/16/18 (H) VERSION: HB 312
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) JUD
03/02/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/02/18 (S) Heard & Held
03/02/18 (S) MINUTE(JUD)
03/19/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 214
SHORT TITLE: ESTABLISH CORRECTIONAL INDUSTRIES PROGRAM
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/05/18 (S) READ THE FIRST TIME - REFERRALS
03/05/18 (S) JUD, FIN
03/19/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
RYNNIEVA MOSS, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes that appear in version
O of SB 122.
KATE BURKHART, Ombudsman
Office of the Ombudsman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Discussed the reasons for the changes that
appear in version O of SB 122.
DAWN ELLIOTT, Emergency Room Nurse
Providence Medical Center
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
CHUCK BILL, CEO
Bartlett Regional Hospital
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 312.
AMBER MICHAEL, Legislative Chair
Alaska Nurses Association and registered nurse
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 312.
DANNY ROBINETTE, Chief Medical Officer
Fairbanks Memorial Hospital
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 312.
BRUCE RICHARDS, Director of Government Affairs
Central Peninsula Hospital
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HB 312.
REGENA DECK, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 312.
JENNIFER MOORE, Chief Quality Officer
MatSu Regional Medical Center
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 312.
JOANNA CAHOON, Member
Alaska Mental Health Board and Advisory Board on Alcoholism and
Drug Abuse and Staff Attorney
Disability Law Center
Anchorage, Alaska
POSITION STATEMENT: Discussed the unintended consequences
related to HB 312.
BENJAMIN SHELTON, MD, President
Alaska Chapter - American College of Emergency Physicians
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
KIM MCDOWELL, Emergency Room Director and registered nurse
Bartlett Regional Hospital
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 312.
CLARE SULLIVAN, Deputy Commissioner
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Provided an overview of SB 214.
JULIANA MELIN, Legislative Liaison
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Delivered a sectional analysis for SB 214.
DEAN WILLIAMS, Commissioner
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 214.
ACTION NARRATIVE
1:31:14 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Costello, Kelly, Wielechowski, and Chair
Coghill. Senator Shower arrived during introductions.
SB 122-OCS CITIZEN REVIEW PANEL
1:32:32 PM
CHAIR COGHILL announced the consideration of SB 122 and noted
the proposed committee substitute (CS).
1:32:49 PM
SENATOR COSTELLO moved to adopt the work draft committee
substitute (CS) for SB 122, version 30-LS0047\O, as the working
document.
1:33:07 PM
CHAIR COGHILL objected for an explanation of the changes.
1:33:23 PM
RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, reviewed the following changes made
to version O of SB 122:
· Page 1, line 8, after the word "ombudsman":
Deleted:
". For budgetary purposes, the panel is located in the
office of the ombudsman."
· Page 2, line 4:
Deleted language describing qualifications of panel
members. Subsection [(e)] has been amended to direct
the Ombudsman's Office to by regulation establish
guidelines for the operation of the panel, including:
[(1)] qualification of members
[(2)] policies for recruitment and appointment of
members
[(3)] tenure of members; and
[(4)] policy for selection of leadership
· Page 5, line 27:
Delete: and
· Page 6, line 3:
Insert after "best interest":
[.] ; and
(16) the office of the ombudsman.
· Page 7, line 3:
Adds an immediate effective date for the Citizens Review
Panel.
1:36:04 PM
KATE BURKHART, Ombudsman, Office of the Ombudsman, Alaska State
Legislature, Juneau, Alaska, said she appreciates that the
committee is considering the changes that appear in version O of
SB 122. She provided the following comments on the proposed
changes:
· Her office requested removing the language about
placing the panel in the Office of the Ombudsman for
budgetary purposes because that would limit the
ability of the ombudsman to supervise the staff.
· Her office can handle recruitment, appointment, and
qualifications through regulation in partnership with
the members of the Citizens Review Panel. However,
it's more detailed than initially anticipated and the
timeline for the regulatory package would need to be
extended from a year to a year and a half or so.
· The Office of the Ombudsman is added to AS
47.10.093(b) because that statute is interpreted to
preclude speaking with ombudsman investigators. The
Office of Children's Services readily shares
information when the ombudsman needs to investigate a
complaint, but they have run into an issue with the
guardians ad litem that work for the Office of Public
Advocacy. Adding the Office of the Ombudsman to the
statute makes sense, especially if the Citizens Review
Panel would have access to the data through its co-
location with the ombudsman.
MS. BURKHART stated that the changes proposed in version O
address the concerns her office had regarding their ability to
implement the intent of SB 122 and allows them to support the
co-location of the Citizens Review Panel.
CHAIR COGHILL asked if the ombudsman receives confidential
information in other areas where it does investigations.
MS. BURKHART said yes; the ombudsman statute says,
"notwithstanding any other provision of law." AS 47.10.093(b)
was adopted after the legislation that created the Office of the
Ombudsman and it's interpreted to mean that the ombudsman is
intentionally not on the list. That created the hiccup.
CHAIR COGHILL said he wanted the members to understand that the
ombudsman has had access to confidential information in all
other areas of law. It's necessary to do the job.
He noted who was available to answer questions.
1:39:22 PM
SENATOR SHOWER referenced the deleted language in subsection (c)
on page 2, lines 1-4. He asked how they would focus the criteria
for who would serve on the board to ensure that the panel
members have the specialty or expertise needed.
MS. BURKHART clarified that the regulations would be adopted in
partnership with the Citizens Review Panel. She offered her
perspective of the board, which would have 15 or 16 members with
designated constituencies and areas of expertise as well as
public members.
· A seat that was designated specifically to someone living
off the road system; potentially someone who was nominated
by the Alaska Federation of Natives or First Alaskans.
· Someone with the specific clinical area of behavioral
health of child abuse and prevention and treatment.
· Someone with experience with the child in need of aid
(CINA) process through the courts. This could be someone
from the Office of Public Advocacy or the Public Defender's
Office or a guardian ad litem, not the attorney general's
office because they represent the agency.
· Someone with a background with the Indian Child Welfare
system (ICWA) is an important constituency given the
overrepresentation of Alaska Native children in the foster
care system.
· Consumer representation such as a foster parent or young
adult who has been in foster care.
· A parent who has been engaged with the Office of Children's
Services. This is a constituency that seldom has a voice at
the policy-making level.
· Representation from the school is something to consider
since schools are often ground zero for the effects of
child abuse and child maltreatment. Teachers are mandatory
reporters, but they don't often have a voice in policy-
making regarding child protection issues.
· A medical practitioner such as a pediatric nurse
practitioner or a pediatrician would be beneficial.
· Seats designated for interested members of the public who
may not fit into one of these specialized seats. Sometimes
these folks are your best members.
SENATOR SHOWER asked if discretion is left to the board to
determine which citizens will be on the panel.
MS. BURKHART said she believes that those criteria that appeared
in the original draft would appear in regulation.
MS. MOSS clarified that the intent is for the criteria for the
panel to be set in regulation. Federal law is vague regarding
how states are to select panel members, but public members who
are not connected to the system are required. She noted that she
recently found a document that was written in 1998 that talks
about panel selection.
SENATOR SHOWER said thanks; he didn't understand it would come
through regulation.
SENATOR COSTELLO commented that someone from Facing Foster Care
in Alaska would be a good candidate for the panel.
CHAIR COGHILL asked Ms. Burkhart to comment on the fiscal note.
MS. BURKHART said the fiscal note contemplates staffing for the
panel. It was drafted when the ombudsman had no supervisory
authority and it contemplated a high level of professional
staff. If the bill moves forward as currently drafted, less
expensive staffing is possible.
MS. MOSS advised that the bill has two fiscal notes. [The DHSS
fiscal note is zero.]
1:47:02 PM
CHAIR COGHILL removed his objection and version O was adopted.
1:47:20 PM
SENATOR COSTELLO moved to report the CS for SB 122, work draft
30-LS0047\O, from committee with individual recommendations and
attached fiscal note(s).
1:47:36 PM
CHAIR COGHILL announced that without objection, CSSB 122(JUD)
moved from the Senate Judiciary Standing Committee.
1:47:47 PM
At ease
HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS
1:49:51 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 312. He opened public testimony.
1:50:47 PM
DAWN ELLIOTT, Emergency Room Nurse, Providence Medical Center,
Anchorage, Alaska, testified in support of HB 312. She said the
emergency room at Providence sees about 70,000 patients each
year. Health care workers seldom hear thank you but physical
violence, verbal abuse, and being treated like garbage is the
norm. Every day she fears another assault. She described the
last assault she experienced to demonstrate the lack of
accountability. She opined that there needs to be immediate and
lifelong consequences for individuals who assault health care
workers.
1:52:22 PM
CHUCK BILL, CEO, Bartlett Regional Hospital, Juneau, Alaska,
testified in support of HB 312. He described the legislation as
an important component to protect staff from workplace violence.
The violence in hospitals has increased 50 percent the last
couple of years. He described an incident this past weekend when
three security guards and one nurse were assaulted. The hospital
has implemented several safety measures such as doubling the
security workforce and extensive training on deescalating and
avoiding these situations. HB 312 will help the police
department to better partner with staff when needed. He urged
passage of the bill without amendment.
1:54:35 PM
AMBER MICHAEL, Legislative Chair, Alaska Nurses Association and
registered nurse, Fairbanks, Alaska, testified in support of HB
312. She said the threat of violence on health care workers and
other staff occurs in all areas of the hospital on a daily
basis. It ranges from hitting and spitting to gun violence. The
lack of power that the police have in these situations is
unacceptable. Health care facilities are a magnifier of emotions
and can explode in stressful situations and anyone in the
vicinity can become a target. However, health care workers and
other personnel are limited in how they can protect themselves
while giving care. She said the added aggravator when assaulting
a health care worker in a health care facility is a positive
move and hopefully will reduce assaults. She urged the committee
to support HB 312.
1:56:22 PM
DANNY ROBINETTE, Chief Medical Officer, Fairbanks Memorial
Hospital, Fairbanks, Alaska, testified in support of HB 312. He
reported that in the past 18 months they have experienced about
182 incidents with violence or a significant threat of violence
to hospital staff. Some estimates show that just one-third of
incidents are reported, which suggests they have had over 500
incidents in that timeframe. Violence is increasing
significantly both at Fairbanks Memorial and statewide. This is
not acceptable. HB 312 will be a significant help, but it isn't
the only solution. Fairbanks Memorial is taking steps such as
nonviolent crisis intervention training for clinical staff,
expanding security presence, and developing processes to
identify patients that are high risk for violence. He urged the
committee to support HB 312.
1:58:18 PM
BRUCE RICHARDS, Director of Government Affairs, Central
Peninsula Hospital, Soldotna, Alaska, testified in support of HB
312. He described the incident in 2008 when a former employee
entered the hospital and shot and killed a supervisor and
injured another before taking his own life. Employees have not
forgotten that event. Employees at the hospital, nursing home,
and hospital-based clinics experience workplace violence more
frequently than in the past. It originates from patients, family
members, domestic disputes and even people who have no official
business at the hospital. The National Institute for
Occupational Safety and Health defines workplace violence as
"any physical assault, threatening behavior, or verbal abuse
occurring in the work place." He cited data points from the
agency that accredits and certifies 21,000 health care
organizations nationwide. From a sample of 3,700 nurses, 21
percent report being physically assaulted and over 50 percent
were verbally abused in a 12-month period; 12 percent of
emergency room nurses experienced physical violence and 59
percent experienced verbal abuse in the last 7-day period. He
agreed with previous testimony that violence in hospitals is
increasing. Central Peninsula Hospital has a code for a
situation involving violence that anyone can initiate over the
paging system. He described some of the things he's seen when he
responded to the call for help. Their staff support allowing law
enforcement to arrest someone for misdemeanor assault without a
warrant in these situations. This will take care of the existing
issue where the perpetrator remains in the facility after the
police have left. He urged the committee to pass HB 312.
2:01:32 PM
REGENA DECK, representing self, Juneau, Alaska, testified in
support of HB 312. She said she is an emergency department
nurse, the professor of nursing for UAA in Juneau, and a victim
of violence as a direct result of her job. She described the
physical assault she experienced by a patient. Her assailant was
charged with misdemeanors and felonious assault, including
assault with a deadly weapon. He had been reported to the police
before and they said their hands were tied. Some nurses didn't
bother to report him because nothing would be done. Other nurses
view this as part of the job. It makes her sad and angry that
her injury and trauma could have been prevented if the police
had stronger tools available. HB 312 will make it so that
nurses' reports of violence will be taken seriously and
hopefully prevent further acts of violence. It will also send a
message to the public that there is zero tolerance for violent
behavior. She encouraged the committee to support HB 312.
2:04:15 PM
JENNIFER MOORE, Chief Quality Officer, MatSu Regional Medical
Center, Palmer, Alaska, testified in support of HB 312. She said
that as a nurse of over 20 years she has experienced assaults
while attempting to treat patients. All units in the hospital
are affected. Some nurses are afraid to go to work because they
fear assault. Health care workers need to know they are
supported in their time of need just as they help others in
their time of need. Violence should not be an acceptable
workplace hazard, but for many this is the new norm.
Legislation is not the only solution to this complex problem.
Every facility needs to implement a comprehensive strategy using
evidence-based practices. MatSu Regional is working on a
comprehensive workplace violence preventative program to teach
staff how to deescalate a situation, use specialized safety
techniques, and how to escort an aggressive person. It also
teaches staff how to recognize their tension triggers and how to
reduce personal tension. She urged the committee to pass HB 312
and send a strong message to health care providers that Alaska
takes this issue very seriously.
2:06:40 PM
JOANNA CAHOON, Member, Alaska Mental Health Board and Advisory
Board on Alcoholism and Drug Abuse and Staff Attorney,
Disability Law Center, Anchorage, Alaska, discussed unintended
consequences related to HB 312. She said the boards believe the
violence that HB 312 seeks to address is egregious. Her comments
are areas of drafting that may lead to unintended consequences
beyond the targeted violence the bill tries to address. There
are two ways that the current language could unintentionally
criminalize the actions of persons in need of psychiatric care.
First, people that are transported to a psychiatric facility
often refuse treatment. They can appear belligerent, yelling,
and demanding to leave. They may not be deemed to be seeking
medical treatment, but the boards' experience is that it's not
always a straightforward call. The second issue relates to the
idea that being deemed stable for discharge is straightforward.
There are certain populations that show up to ERs that may not
be admitted because they need support but not necessarily
medical treatment. Examples include a person with an
intellectual disability that is co-occurring with a mental
illness or an adult child that experiences autism and is in a
meltdown and is violent. Those individuals are in crisis, but
they may not be admitted. The bill may capture those
individuals, perhaps unintentionally.
In the boards' experience, difficult psychiatric patients have
sometimes been inappropriately deemed stable for discharge. On
occasion they have seen Emergency Medical Treatment and Labor
Act (EMTALA) violations. That is the law that requires anyone
going to an emergency department to be deemed stable before they
are discharged.
MS. CAHOON advised that a similar bill was adopted in Idaho and
patients with the conditions she described were caught up in the
criminal justice system, although that was not the intent of the
bill. She thanked the committee for the opportunity to point out
the potential for unintended consequences.
2:11:23 PM
BENJAMIN SHELTON, MD, President, Alaska Chapter American College
of Emergency Physicians, said he works at Providence in
Anchorage. He is testifying in support of HB 312 that helps
address workplace violence in health care facilities. This is
necessary. Violence in the emergency department seems to be
worsening. This should not be accepted as a workplace hazard,
but for many it has become the normal. Many of the assaults are
in the category of fourth degree assault for which an officer
must have a warrant to make an arrest. After a staff member is
assaulted, the police take a report and often leave the
individual on premises. This sends the unfortunate message to
the care giver that their safety is not important. The bill
gives police officers the same ability to remove the assailant
from the scene without a warrant. This is the same authority
that law enforcement has to remove an assailant from the scene
in domestic violence situations.
All emergency providers are responsible for EMTALA. Every
patient that comes in is cared for and stabilized. HB 312 does
not change that. If someone comes in with an acute mental health
crisis, they're psychotic, or high on methamphetamine, the
emergency department's responsibility is to treat them. He urged
the committee to pass HB 312 and send a strong message to those
providing health care that Alaska takes this issue seriously.
2:14:19 PM
KIM MCDOWELL, Emergency Room Director and registered nurse,
Bartlett Regional Hospital, Juneau, Alaska, testified in support
of HB 312. She reported that in the last six months they have
had 18 incidents of nurses being assaulted. This has become the
rule rather than the exception. This would not be acceptable in
any other place of business. She urged passage of HB 312, so
health care providers can do their jobs safely and without harm
to themselves or other people.
CHAIR COGHILL asked if she believes the bill, as currently
drafted, provides enough discretion to deal with behavioral
health issues.
MS. MCDOWELL said that as professionals they all have the
ability to make that discretionary decision. There is a
difference between an individual with autism who may not be able
to control their behavior as opposed to an individual who is
assaulting staff but does have the means to know the difference
between right and wrong.
CHAIR COGHILL asked Ms. Cahoon to address the same question.
2:17:08 PM
MS. CAHOON said she isn't questioning anybody's ability to make
an appropriate professional call. The boards' concern is based
on seeing the intention of what other states passed and what
happened. The law in Idaho intended to capture the actions of
patients or non-patients who could understand their actions but
were drunk or angry. It had an exemption for people experiencing
mental illness, but that provision was removed and patients with
mental illness or autism were caught up in the criminal justice
system. This may not be an issue most of the time, but there is
some vagueness between seeking medical treatment and stable for
discharge. She suggested that a definition or exemption might
make it clear in those situations that don't fall in the norm so
that situations like in Idaho and Washington are avoided.
CHAIR COGHILL commented that the bill appears broad enough for
the rule, but not the exception. He said he didn't know that he
was willing to slow the bill to find out how best to make an
exception when is seems that there is discretion with the
officer and health care provider.
2:19:31 PM
SENATOR WIELECHOWSKI asked if the sponsor was available to
respond to Ms. Cahoon's testimony.
CHAIR COGHILL said that was discussed in House Judiciary and the
sponsor is satisfied that the discretion given to the officers
and health care professionals is sufficient. He reiterated that
he believes there is enough discretion.
SENATOR WIELECHOWSKI said okay.
2:20:38 PM
SENATOR COSTELLO moved to report HB 312, version O, from
committee with individual recommendations and attached fiscal
note(s).
2:20:53 PM
CHAIR COGHILL announced that without objection, HB 312 moved
from the Senate Judiciary Standing Committee.
2:20:59 PM
At ease
SB 214-ESTABLISH CORRECTIONAL INDUSTRIES PROGRAM
2:22:46 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 214. This is the first hearing.
2:23:13 PM
CLARE SULLIVAN, Deputy Commissioner, Department of Corrections
(DOC), Anchorage, Alaska, said she would provide an overview of
SB 214 and the benefits of establishing a correctional
industries program and Juliana Melin would provide a sectional
analysis. She reviewed her background with the Department of
Corrections, most of which was in the institutions.
She explained that correctional industries programs are designed
to help prisoners leave prison with meaningful skills that are
necessary for a successful transition into the community. This
means getting a job, reporting to the job, getting paid and
paying bills, including restitution and child support. The idea
is to develop a program within the correctional facilities that
is not detrimental to outside work groups or labor. The
correctional industries board that the bill establishes will
provide direction on the industries that each correctional
facility should focus on. The industries program is also a
potential feeder program for unions.
She said research from other states shows that correctional
industries programs help reduce recidivism. Inmates who have
been in the program for any length of time have a far better
chance of a successful transition. They are far less likely to
think in a criminal fashion because they have established a
fairly normal process within the institution. Research also
shows that the institutions that provide some form of economic
diversity help businesses and communities on the outside by
providing products or services that are not otherwise readily
available. Another benefit of these programs is that they reduce
collateral department costs. When people in prison are engaged
in productive and pro-social activities, assaults go down and
medical costs are reduced. Those people also do better after
they are released.
MS. SULLIVAN said DOC is looking at four possible industry
venues that have unmet needs. These are flash freezing of
Alaskan-grown vegetables, continuing and possibly expanding the
Alaska Marine Highways laundry service, restarting the custom
furniture and specialty item business that Spring Creek used to
have, and making and selling Alaska-unique items to wholesalers
in the state.
2:29:20 PM
CHAIR COGHILL asked if they'd thought about steering certain
industries to certain prisons or if that would be left to the
discretion of the board. For example, growing would be much
easier in Palmer than in Southeast.
MS. SULLIVAN said she believes the board would provide that
guidance and DOC would provide the staffing.
CHAIR COGHILL asked if DOC would implement security and safety
measures to ensure that tools aren't misused or stolen. He noted
that mishandling tools was part of the reason the earlier
programs folded.
MS. SULLIVAN said the institutions reworked and enhanced their
tool safety procedures and accountability after a 2014 audit
highlighted deficiencies.
CHAIR COGHILL asked if the Point MacKenzie Correctional Farm was
still vibrant.
MS. SULLIVAN said the farm is still producing enough that they
donate their excess to local charities.
SENATOR WIELECHOWSKI said this is a commendable effort, but he's
concerned about diminishing jobs and wages. He asked what
industries they expect to target, the expected impact on the
labor force, and the expected wage for inmates.
MS. SULLIVAN said the objective is to establish a program in the
prison so inmates can develop skills and be productive when they
are released. The jobs wouldn't be high paying and there is no
intention to compete with businesses on the outside. She noted
that DOC has a program where inmates on ankle monitors go
outside during the day to be trained as ironworkers with the
idea that they will feed into that industry once they're
released.
2:35:32 PM
SENATOR COSTELLO asked if the legislation contemplates that the
inmates would leave with an agreement for future work like the
ironworker example or if it contemplates a correctional industry
program like those in the past which included the laundry
service and furniture building.
MS. SULLIVAN said it's different than the example she cited. The
idea is to have most of the programs within the facilities.
SENATOR COSTELLO noted the proposed board makeup and asked if
they would be opposed to adding a business seat.
MS. SULLIVAN said that's a good idea because labor and business
view some things differently.
SENATOR COSTELLO noted the bill going through the process to
exempt DOC from the procurement process and asked how this
legislation would be impacted if that bill were to pass.
MS. SULLIVAN said she would follow up with an answer.
SENATOR KELLY said he was initially concerned about unemployment
but was encouraged when he realized that a lot of things are
imported now. He cited the hypothetical example of a prison
industry that makes patio furniture. Today most of that is
imported from China or Pakistan.
2:39:27 PM
SENATOR SHOWER said he had the same concern that Senator
Costello voiced. He referenced the language in Section 7 and
opined that there could be a conflict with the typical
competitive bidding process.
2:40:58 PM
JULIANA MELIN, Legislative Liaison, Department of Corrections
(DOC), Juneau, Alaska, clarified that Section 7 does not change
the existing procurement rules for the proposed correctional
industries program. It replaces the old program with the new
correctional industries program. She added that it's not related
to the procurement legislation going through the process.
SENATOR SHOWER asked her to clarify the meaning of the language
on page 2, lines 9-10.
MS. MELIN said the idea is that when the department enters a
contract with a private organization, that employer would be
required to provide workers' compensation.
CHAIR COGHILL deferred further discussion until after Ms. Melin
presented the sectional analysis.
2:42:24 PM
SENATOR WIELECHOWSKI said he was curious about the workers'
compensation implications and whether someone who is injured
would receive temporary total disability or permanent total
disability. He also asked about the potential impacts on Davis-
Bacon wages and the prevailing wage standards.
CHAIR COGHILL deferred the question until after the sectional
analysis.
2:43:19 PM
MS. MELIN paraphrased and supplemented the following sectional
analysis for SB 214.
Section 1: Amends 33.30.191(e) to clarify that
Worker's Comp (AS 23) does not apply to the employment
of prisoners under this particular section.
She explained that later in the bill a large portion of the
section is deleted. An example of what remains is the
commissioner's ability to direct a prisoner to participate in
productive employment while incarcerated, including routine
facility maintenance, academic or vocational education, and
public conservation projects. The exemption from workers'
compensation from these types of activities is consistent with
current statute.
MS. MELIN noted the drafting error in Section 2 on page 1, lines
10-11. The phrase, "In addition to entering contracts or
cooperative agreements under AS 33.30.191," should have been
deleted.
Section 2: Amends 33.30 by adding a new section,
33.30.195, that establishes the correctional
industries program, detailing that in addition to
cooperative agreements listed under 33.30.191, the
commissioner may establish & administer correctional
industries programs upon approval of the Correctional
Industries Board created later in the bill under
33.30.196. Under (b)-(f), operational details of the
newly established correctional industries program is
laid out.
She noted that on page 2, subsection (f) on lines 17-19
clarifies that prisoners employed under this section are not
entitled to unionize and they do not have the rights of state
employees, including the right to participate in collective
bargaining.
Under the new section, 33.30.196, the Correctional
Industries Board is established. The board consists of
four members: the commissioner of labor (or designee),
the commissioner of corrections (or designee), and two
representatives of organized labor that the governor
shall appoint from a list submitted by a labor
organization. These members serve staggered three-year
terms.
The duties of the board include meeting quarterly or
at regularly scheduled times determined by a majority
of members, approve, monitor, and make recommendations
for proposals for prison industry programs, and hold
public hearing to provide opportunity for persons or
organizations to submit written comments or oral
testimony on proposals that may affect them. The board
will also keep public record of all meetings and
hearing and make this information public.
Section 3: Amends 33.30.201(a) by distinguishing
prisoners employed under the new prison industries
program (33.30.195) and removes them from this
particular statute detailing compensation of prisoners
who fall under current statute. It also removes
33.30.191(g)(5) from applying to this section as
"other work performed inside or outside a facility"
now falls within the newly established prison
industries program.
She noted that the outdated language, "if the money is available
from legislative appropriations" is also deleted. The Department
of Law determined that language should be deleted from the
section when it was drafted in 1986.
Section 4: Amends 33.30.201(c) by requiring
compensation of employed prisoners established under
the new section, (g), to follow the priority order of
compensation dispersion as laid out in this section.
It also reorders the priority list, making restitution
payments a higher priority.
Section 5: Amends 33.30.201(d) to include the newly
established prisoner employee's compensation section
(g), detailing that any remaining compensation after
any deduction under (b) or (c) of this section will be
credited to the prisoner.
Section 6: Adds a new section (g) under 33.30.201
describing the compensation of prisoners employed
under the newly established prison industries program
(33.30.195). [It clarifies that compensation for work
performed under contract or agreement with an
individual or private entity may not be less than the
minimum wage required by AS 23.10.065.]
Section 7: Amends 36.30.313 by including the newly
established prison industries program, 33.30.195, in
this statute that precludes the procurement of
products or services provided through the employment
of prisoners from competitive sealed bidding or
competitive sealed proposals.
Section 8: Amends 37.05.146(c) by adding a new section
allowing the Department of Correction to collect
receipts from contracts or agreements under the new
prison industries program (33.30.195)
Section 9: Amends 41.21.026(f) by deleting the old
employment of prisoners language (33.30.191(b)) and
replaces it with the new prison industries program
established under 33.30.195, allowing the department
to charge fees as listed under this section.
Section 10: Repeals AS 33.30.191(b) which is the
current (and limiting) prison industries language as
well as 33.30.191(g)(5) that describes other work
performed inside or outside of a correctional facility
which is now incorporated under the newly established
prison industries program 33.30.195.
Section 11: Effective date July 1, 2018.
2:51:53 PM
SENATOR WIELECHOWSKI said he'd like a discussion on Section 1
that says the provisions of AS 23 do not apply because Title 23
contains the entire work standards.
2:52:31 PM
SENATOR COSTELLO noted that the language on page 1, lines 11-13,
gives the commissioner the ability to establish and administer a
correctional industries program and the language on page 2, line
22, talks about the board providing general policy direction to
the commissioner. She asked the commissioner if he reads that
the way she does, which is that the board would provide general
direction and the program would be run by the commissioner.
2:53:46 PM
DEAN WILLIAMS, Commissioner, Department of Corrections (DOC),
Juneau, Alaska, said the intent is for the board to vet any
permissible business opportunities and give them a red or green
light. He said he'd take another look at the language because
the board is not intended to be a figurehead. He agreed with the
earlier suggestion to include a business member on the board.
SENATOR COSTELLO asked what assurance the legislature would have
that the department would promulgate regulations should this
bill pass.
COMMISSIONER WILLIAMS said this is a good example of a statute
that would require the department to promulgate regulations.
They are necessary to articulate things like board and meeting
processes, the procedure for approving business opportunities,
and how inmates would get paid.
SENATOR COSTELLO asked if he heard the question about how this
legislation would be affected if the legislation about changing
the procurement code were to pass.
2:57:13 PM
COMMISSIONER WILLIAMS clarified that the procurement exception
in HB 325 is specifically about reentry transition housing
services. That bill was not designed or intended to impact
anything regarding procurement in this legislation.
2:58:15 PM
CHAIR COGHILL held HB 214 in committee for further
consideration.
2:59:05 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:59 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 214 - Version A.PDF |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 214 - Sponsor Statement.pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 214 - Sectional Summary (ver. A).PDF |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 122 - Version O.pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 122 |
| SB 122 - Summary of Changes (ver. J to ver. O).pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 122 |