SB 99: "An Act expressing legislative intent regarding privately operated correctional facility space and services; relating to the development and financing of privately operated correctional facility space and services; authorizing the Department of Corrections to enter into an agreement for the confinement and care of prisoners in privately operated correctional facility space; and providing for an effective date."
00 SENATE BILL NO. 99 01 "An Act expressing legislative intent regarding privately operated correctional facility 02 space and services; relating to the development and financing of privately operated 03 correctional facility space and services; authorizing the Department of Corrections to 04 enter into an agreement for the confinement and care of prisoners in privately operated 05 correctional facility space; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 LEGISLATIVE INTENT. It is the intent of the legislature in sec. 2 of this Act to 10 secure additional correctional facility space and services through a privately operated 11 correctional facility in Alaska. The legislature expects the Department of Corrections to 12 contract with the City of Whittier for privately operated correctional facility space and 13 services similar to those currently acquired for medium-custody and close-custody Alaska
01 prisoners in a privately operated prison outside the state. The legislature anticipates a 02 privately operated correctional facility will bring competitive management styles and 03 operations to Alaska. 04 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 AUTHORIZATION TO CONTRACT FOR CORRECTIONAL FACILITY SPACE 07 AND SERVICES WITH THIRD-PARTY CONTRACTOR FOR OPERATION. (a) The 08 Department of Corrections is authorized to enter into an agreement with the City of Whittier 09 for the purpose of acquiring correctional facility space and services for a minimum of 25 10 years for persons who are committed to the custody of the commissioner of corrections. 11 (b) The agreement entered into under this section is predicated on and must provide 12 for an agreement between the City of Whittier and one or more private third-party contractors 13 under which private, for profit or nonprofit third-party contractors construct and operate the 14 facility by providing for custody, care, and discipline services for persons committed to the 15 custody of the commissioner of corrections under authority of state law. In the agreement 16 with the City of Whittier, the commissioner of corrections shall require that the city procure 17 one or more private third-party operators through a competitive bid process. The procurement 18 requirements of this subsection are satisfied if the City of Whittier, in exercise of its powers 19 under AS 29.35.010(15) for procurement of land, design, construction, and operation of a 20 facility, follows its municipal ordinances and resolutions and procurement procedures. 21 (c) The authorization given by (a) of this section is subject to the following 22 conditions: 23 (1) the agreement must cover a minimum of 1,200 prison beds, and, subject to 24 (2) of this subsection, the payments by the Department of Corrections 25 (A) may not exceed a total per diem cost of $94 an inmate a day or 85 26 percent of the inmate cost a day to the state for the construction and operation by the 27 state of equivalent facilities; the per diem cost shall be adjusted for 28 (i) changes in the cost of living from the effective date of this 29 Act until the facility opens; 30 (ii) costs not incurred until full occupancy; 31 (B) must be sufficient to cover
01 (i) a capital component consisting of the cost for the 02 development and construction of the facility, including all debt service; and 03 (ii) an operating component consisting of the operating costs, 04 not including inmate transportation, based on per diem operating charges for a 05 minimum 1,200 prison beds; 06 (2) the agreement must provide that the obligation of the Department of 07 Corrections to make payments under the agreement is subject to annual appropriation of funds 08 by the legislature; 09 (3) the agreement must contain terms providing that the commissioner of 10 corrections may direct the City of Whittier, after notice and reasonable opportunity to cure, to 11 terminate its contract with a private third-party contractor operating the facility in accordance 12 with the provisions of (b) of this section, and to procure a replacement third-party contractor 13 if the commissioner finds that the private third-party contractor has failed to provide or cause 14 to be provided the degree of custody, care, and discipline required by terms of the agreement 15 and that the private third-party contractor has been given notice and reasonable opportunity to 16 cure as provided in the third-party contractor's agreement with the City of Whittier; 17 (4) the commissioner's authority to enter into the agreement is subject to the 18 condition that the contract between the city and the operator requires the operator to provide 19 culturally relevant reformation services to incarcerated Alaska Natives. 20 (d) Nothing in this section is intended to prevent the City of Whittier from issuing 21 bonds as permitted for municipalities under state law, including AS 29.47.390, to finance 22 construction of the facility. The bonds may be secured by and payable from revenues of the 23 facility, including those described in (c) of this section. Revenues of the facility are not 24 revenues of the City of Whittier for purposes of AS 29.47.390. 25 * Sec. 3. Sections 1 - 3, ch. 32, SLA 2001, are repealed. 26 * Sec. 4. This Act takes effect July 1, 2003.