00 CS FOR HOUSE BILL NO. 2(STA)                                                                                            
01 "An Act providing for incarceration of certain nonviolent offenders in boot camps                                       
02 operated by the Department of Corrections; making prisoners who complete the                                            
03 boot camp program eligible for discretionary parole; allowing the Department of                                         
04 Corrections to contract with a person for a boot camp program; creating the                                             
05 Boot Camp Advisory Board in the Department of Corrections; and providing for                                            
06 an effective date."                                                                                                     
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 33.16.090 is amended by adding a new subsection to read:                                            
09  (f)  Notwithstanding another provision of law, a prisoner who is not otherwise                                        
10 eligible for discretionary parole who has successfully completed the boot camp                                          
11 program under AS 33.30.182 is eligible for discretionary parole.                                                        
12    * Sec. 2.  AS 33.16.100 is amended by adding a new subsection to read:                                               
13  (e)  Notwithstanding (c) and (d) of this section, a prisoner who is eligible for                                      
14 discretionary parole under AS 33.16.090(f) may be released on parole at any time after                                  
01 the successful completion of the boot camp program under AS 33.30.182.                                                  
02    * Sec. 3.  AS 33.30 is amended by adding new sections to read:                                                       
03 ARTICLE 2A.  BOOT CAMP PROGRAM.                                                                                         
04  Sec. 33.30.182.  BOOT CAMP PROGRAM.  (a)  The commissioner shall                                                      
05 establish a boot camp program as a correctional facility of the state.  The boot camp                                   
06 program is an alternative correctional facility and program for youthful prisoners who                                  
07 have been sentenced for a conviction of a less serious nature and who have not                                          
08 previously participated in the boot camp program.  Prisoners participating in the boot                                  
09 camp program shall be housed separately from other prisoners committed to the                                           
10 custody of the commissioner who are not participating in the program.                                                   
11  (b)  The commissioner shall include in the boot camp program                                                          
12   (1)  a military style intensive physical training and discipline program;                                            
13   (2)  alcohol and drug counseling, education, and treatment as an integral                                            
14 part of the program;                                                                                                    
15   (3)  a training program emphasizing skills for reentering society;                                                   
16   (4)  training in personal accountability and the work ethic; and                                                     
17   (5)  other educational, counseling, and treatment programs as determined                                             
18 by the department or as ordered by a court under AS 12.55.015.                                                          
19  (c)  The commissioner shall structure the boot camp program so that a prisoner                                        
20 entering the program may complete it in a period of time determined by the                                              
21 commissioner but not greater than 150 days.                                                                             
22  (d)  A prisoner shall be removed from the boot camp program and reassigned                                            
23 to another correctional facility if the prisoner fails to successfully complete the                                     
24 program or otherwise fails to abide by the regulations of the program.                                                  
25  (e)  The commissioner shall adopt regulations to implement AS 33.30.182 -                                             
26 33.30.184 and otherwise administer the boot camp program.  The regulations must                                         
27 include provisions to require a prisoner to reimburse the department for the costs of                                   
28 participating in the boot camp program to the extent of the prisoner's resources.                                       
29  (f)  Notwithstanding AS 33.30.031, the department may contract with a person                                          
30 for operation of a boot camp program under this section.  A contract boot camp                                          
31 program must meet all of the requirements for a boot camp under this section and                                        
01 under the regulations adopted by the commissioner.  Prisoners shall be assigned to a                                    
02 contract boot camp program in the manner provided under AS 33.30.183.                                                   
03  (g)  The commissioner shall maintain records of the program and shall annually                                        
04 report to the legislature not later than February 1 on the program and its effectiveness.                               
05 The report must include, to the extent the technological capability of the department                                   
06 allows,                                                                                                                 
07   (1)  a comparison of recidivism rates between prisoners who have                                                     
08 completed the boot camp program and other prisoners not eligible for the program who                                    
09 are committed to the custody of the commissioner;                                                                       
10   (2)  a comparison of costs between the boot camp program and                                                         
11 traditional incarceration programs;                                                                                     
12   (3)  a description of the number of prisoners who have participated in,                                              
13 completed, or failed the boot camp program.                                                                             
14  Sec. 33.30.183.  ELIGIBILITY FOR ASSIGNMENT TO BOOT CAMP                                                              
15 PROGRAM.  (a)  The commissioner may not allow a prisoner to serve time in the                                           
16 boot camp program unless the commissioner specifically finds that the prisoner meets                                    
17 the eligibility requirements of this section.                                                                           
18  (b)  To be eligible to serve time in the boot camp program, the prisoner must                                         
19 have been selected by the commissioner and                                                                              
20   (1) be under 26 years of age;                                                                                        
21   (2)  have been sentenced to a term of imprisonment of at least 150 days;                                             
22   (3)  not have previously participated in a boot camp program under                                                   
23 AS 33.30.182;                                                                                                           
24   (4)  not be serving a sentence for a violation of AS 11.41;                                                          
25 AS 11.46.300, 11.46.400; AS 11.56.300, 11.56.810; AS 11.61.100, 11.61.190,                                              
26 11.61.195, or 11.61.240.                                                                                                
27  Sec. 33.30.184.  ADVISORY BOARD.  (a)  The Boot Camp Program Advisory                                                 
28 Board is established in the department.  The board shall review and provide advice to                                   
29 the commissioner concerning the boot camp program.  The members of the board are                                        
30 appointed by the governor as follows:                                                                                   
31   (1)  the commissioner or the commissioner's designee;                                                                
01   (2)  the director of the division of institutions of the department;                                                 
02   (3)  the director of the division of community corrections of the                                                    
03 department;                                                                                                             
04   (4)  a member of the house of representatives;                                                                       
05   (5)  a member of the senate; and                                                                                     
06   (6)  two public members.                                                                                             
07  (b)  The public members of the board are entitled to per diem and travel                                              
08 expenses authorized by law for boards and commissions under AS 39.20.180.                                               
09    * Sec. 4.  This Act takes effect July 1, 1995.