00 SENATE BILL NO. 179 01 "An Act authorizing the Department of Corrections, for the benefit of the state, 02 to enter into an agreement to use space within a correctional facility in the 03 Matanuska-Susitna Borough that is built, owned, and operated by a private 04 contractor, and setting conditions on the operation of the correctional facility 05 affected by the use agreement; and authorizing the Department of Corrections, for 06 the benefit of the state, to enter into an agreement with the City of Seward to 07 use space within a correctional facility that is built, owned, and operated by a 08 private contractor, and setting conditions on the operation of the correctional 09 facility affected by the use agreement." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AUTHORIZATION FOR AGREEMENT FOR STATE USE OF 12 CORRECTIONAL FACILITY SPACE TO BE OWNED AND OPERATED BY THIRD- 13 PARTY CONTRACTOR IN THE MATANUSKA-SUSITNA BOROUGH. (a) To relieve 14 overcrowding of existing correctional facilities, the Department of Corrections may enter into 01 an agreement for use of space within a correctional facility in the Matanuska-Susitna Borough 02 that will house persons who are committed to the custody of the commissioner of corrections. 03 The agreement for use entered into under this section is predicated upon and must provide for 04 an agreement under which a private third-party contractor, who has been selected by the 05 solicitation of competitive bids under AS 36.30, builds, owns, and operates the facility by 06 providing for custody, care, and discipline services for persons held by the commissioner of 07 corrections under authority of state law. 08 (b) The authorization given by (a) of this section is subject to the conditions of (c) 09 and (d) of this section and to the further limitation that the total payments related to the 10 capital cost of the facility for the full term of the agreement for use, which shall be not less 11 than 15 years nor more than 25 years, may not exceed $130,000,000 and the anticipated 12 annual amount of the payment by the Department of Corrections under the agreement for use 13 must be reasonably commensurate with that total. 14 (c) An agreement for use of space authorized by (a) of this section may not involve 15 a correctional facility that 16 (1) contains a total population of not less than 700 prisoners; or 17 (2) is to be operated by the state or a municipality except that the state or a 18 municipality may operate the correctional facility temporarily if, in a correctional facility that 19 is to be operated by a third-party contractor with whom the state or municipality has entered 20 into an agreement to operate the correctional facility, the private third-party contractor with 21 whom the state or municipality has entered into the agreement to operate the correctional 22 facility defaults in performance under the contract and operation of the correctional facility 23 by the state or the municipality is reasonably necessary to ensure the facility's continued 24 operation. 25 (d) In the award of a contract for the operation of the correctional facility to be 26 operated under the authorization set out in (a) of this section, the Department of Corrections 27 shall require that persons employed by the contractor as correctional officers in the facility 28 meet the requirements of AS 18.65.130 - 18.65.290 that are applicable to correctional officers. 29 * Sec. 2. AUTHORIZATION FOR AGREEMENT FOR STATE USE OF 30 CORRECTIONAL FACILITY SPACE TO BE OWNED AND OPERATED BY THIRD- 31 PARTY CONTRACTOR IN THE CITY OF SEWARD. (a) To relieve overcrowding of 01 existing correctional facilities, the Department of Corrections may enter into an agreement 02 with the City of Seward for use of space within a correctional facility that will house persons 03 who are committed to the custody of the commissioner of corrections. The agreement for use 04 entered into under this section is predicated upon and must provide for an agreement under 05 which a private third-party contractor builds, owns, and operates the facility by providing for 06 custody, care, and discipline services for persons held by the commissioner of corrections 07 under authority of state law. 08 (b) The authorization given by (a) of this section is subject to the conditions of (c) 09 and (d) of this section and to the further limitation that the total payments related to the 10 capital cost of the facility for the full term of the agreement for use, which shall be not less 11 than 15 years nor more than 25 years, may not exceed $120,000,000 and the anticipated 12 annual amount of the payment by the Department of Corrections under the agreement for use 13 must be reasonably commensurate with that total. 14 (c) An agreement for use of space authorized by (a) of this section may not involve 15 a correctional facility that 16 (1) contains a total population of not less than 500 prisoners; or 17 (2) is to be operated by the state or a municipality except that the state or a 18 municipality may operate the correctional facility temporarily if, in a correctional facility that 19 is to be operated by a third-party contractor with whom the state or municipality has entered 20 into an agreement to operate the correctional facility, the private third-party contractor with 21 whom the state or a municipality has entered into the agreement to operate the correctional 22 facility defaults in performance under the contract and operation of the correctional facility 23 by the state or the municipality is reasonably necessary to ensure the facility's continued 24 operation. 25 (d) In the award of a contract for the operation of the correctional facility to be 26 operated under the authorization set out in (a) of this section, the Department of Corrections 27 shall require that persons employed by the contractor as correctional officers in the facility 28 meet the requirements of AS 18.65.130 - 18.65.290 that are applicable to correctional officers.