SB 138: "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 SENATE BILL NO. 138 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 necessary 11 facilities. The commissioner may not enter into an agreement with an agency 12 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 or private agency for the detention and confinement of persons held
01 under 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 an agency outside the state is necessary 07 (1) to locate a particular prisoner closer to family; or 08 (2) because of health [OR SECURITY] considerations involving a 09 particular prisoner [OR CLASS OF PRISONERS, OR BECAUSE AN EMERGENCY 10 OF PRISONER OVERCROWDING IS IMMINENT. THE COMMISSIONER MAY 11 NOT ENTER INTO AN AGREEMENT WITH AN AGENCY UNABLE TO 12 PROVIDE A DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR TO 13 THAT REQUIRED BY THE LAWS OF THIS STATE]. 14 * Sec. 2. AS 33.30.031(c) is amended to read: 15 (c) The commissioner may not enter into an agreement with a private 16 agency to establish, maintain, operate, control, or provide necessary facilities 17 located in this state. Notwithstanding AS 36.30.300, an agreement with a private 18 agency to provide necessary facilities outside the state under (a) of this section must 19 be based on competitive bids. 20 * Sec. 3. AS 33.30.061(a) is amended to read: 21 (a) The commissioner shall designate the correctional facility to which a 22 prisoner is to be committed to serve a term of imprisonment or period of temporary 23 commitment. The commissioner may designate a facility without regard to whether it 24 is maintained by the state or [,] is located within the judicial district in which the 25 prisoner was convicted [, OR IS LOCATED IN THE STATE]. 26 * Sec. 4. AS 33.30.061(b) is amended to read: 27 (b) The commissioner may designate an out-of-state facility under this section 28 only if the commissioner determines that 29 (1) rehabilitation or treatment of the prisoner will not be substantially 30 impaired; and 31 (2) placement in an out-of-state facility
01 (A) would allow a prisoner to serve the prisoner's term of 02 imprisonment closer to family; or 03 (B) is required because of a prisoner's health 04 considerations. 05 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. AS 33.30.031(a), as amended by sec. 1 of this Act, 08 AS 33.30.031(c), as amended by sec. 2 of this Act, AS 33.30.061(a), as amended by sec. 3 of 09 this Act, and AS 33.30.061(b), as amended by sec. 4 of this Act, apply to contracts entered 10 into on or after the effective date of this Act. 11 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).