CSHB 187(STA): "An Act relating to correctional facilities; relating to the authority of the commissioner of corrections to designate the correctional facility to which a prisoner is to be committed; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 187(STA) 01 "An Act relating to correctional facilities; relating to the authority of the commissioner 02 of corrections to designate the correctional facility to which a prisoner is to be 03 committed; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 33.30.031(a) is amended to read: 06 (a) The commissioner shall determine the availability of state correctional 07 facilities suitable for the detention and confinement of persons held under authority of 08 state law or under agreement entered into under (e) of this section. If the commissioner 09 determines that suitable state correctional facilities are not available, the commissioner 10 may enter into an agreement with a public [OR PRIVATE] agency to provide 11 necessary facilities. The commissioner may not enter into an agreement with an 12 agency unable to provide a degree of custody, care, and discipline similar to that 13 required by the laws of this state. Correctional facilities provided through agreement 14 with a public agency for the detention and confinement of persons held under
01 authority of state law must [MAY] be located in this state [OR IN ANOTHER 02 STATE. CORRECTIONAL FACILITIES PROVIDED THROUGH AGREEMENT 03 WITH A PRIVATE AGENCY MUST BE LOCATED IN THIS STATE] unless the 04 commissioner finds in writing that [(1) THERE IS NO OTHER REASONABLE 05 ALTERNATIVE FOR DETENTION IN THE STATE; AND (2) THE] agreement 06 with a public agency outside the state is necessary 07 (1) to locate a particular prisoner closer to family; 08 (2) because of health or security considerations involving a particular 09 prisoner; or 10 (3) to reduce the cost of housing a prisoner who 11 (A) is not a resident of the state; or 12 (B) has been sentenced to a term or aggregate term of 13 imprisonment of 99 years or more, and, if the prisoner is a parent, the 14 prisoner 15 (i) does not have a child under 18 years of age 16 residing in the state; or 17 (ii) has a child under 18 years of age residing in the 18 state, but the prisoner's parental rights to the child have been 19 terminated [OR CLASS OF PRISONERS, OR BECAUSE AN 20 EMERGENCY OF PRISONER OVERCROWDING IS IMMINENT. 21 THE COMMISSIONER MAY NOT ENTER INTO AN 22 AGREEMENT WITH AN AGENCY UNABLE TO PROVIDE A 23 DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR TO 24 THAT REQUIRED BY THE LAWS OF THIS STATE]. 25 * Sec. 2. AS 33.30.031(c) is repealed and reenacted to read: 26 (c) The commissioner may not enter into an agreement with a private agency 27 to establish, maintain, operate, control, or provide necessary facilities located in this 28 state or outside the state. 29 * Sec. 3. AS 33.30.061(a) is amended to read: 30 (a) The commissioner shall designate the correctional facility to which a 31 prisoner is to be committed to serve a term of imprisonment or period of temporary
01 commitment. The commissioner may designate a facility without regard to whether it 02 is maintained by the state or [,] is located within the judicial district in which the 03 prisoner was convicted [, OR IS LOCATED IN THE STATE]. 04 * Sec. 4. AS 33.30.061(b) is amended to read: 05 (b) The commissioner may designate an out-of-state facility under this section 06 only if the commissioner determines that 07 (1) rehabilitation or treatment of the prisoner will not be substantially 08 impaired; and 09 (2) placement in an out-of-state facility 10 (A) would allow a prisoner to serve the prisoner's term of 11 imprisonment closer to family; 12 (B) is required because of a prisoner's health or security 13 considerations; or 14 (C) would reduce the cost of housing a prisoner who is not a 15 resident of the state or has been sentenced to a term or aggregate term of 16 imprisonment of 99 years or more, and, if the prisoner is a parent, the 17 prisoner 18 (i) does not have a child under 18 years of age 19 residing in the state; or 20 (ii) has a child under 18 years of age residing in the 21 state, but the prisoner's parental rights to the child have been 22 terminated. 23 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. AS 33.30.031(a), as amended by sec. 1 of this Act, 26 AS 33.30.031(c), as amended by sec. 2 of this Act, AS 33.30.061(a), as amended by sec. 3 of 27 this Act, and AS 33.30.061(b), as amended by sec. 4 of this Act, apply to contracts entered 28 into on or after the effective date of this Act. 29 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).