Legislature(1997 - 1998)

1998-02-18 House Journal

Full Journal pdf

1998-02-18                     House Journal                      Page 2343
HB 53                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 53                                                             
"An Act relating to the authority of the Department of Corrections            
to contract for facilities for the confinement and care of prisoners,          
and annulling a regulation of the Department of Corrections that               
limits the purposes for which an agreement with a private agency               
may be entered into; authorizing an agreement by which the                     
Department of Corrections may, for the benefit of the state, enter             
into one lease of, or similar agreement to use, space within a                 
correctional facility that is operated by a private contractor, and            
setting conditions on the operation of the correctional facility               
affected by the lease or use agreement; and giving notice of and               
approving a lease-purchase agreement or similar use-purchase                   
agreement for the design, construction, and operation of a                     
correctional facility, and setting conditions and limitations on the           
facility's design, construction, and operation."                               
                                                                               
and recommends it be replaced with:                                            
                                                                               

1998-02-18                     House Journal                      Page 2344
HB 53                                                                        
CS FOR HOUSE BILL NO. 53(FIN)                                                 
"An Act relating to the power of municipalities to provide for the            
confinement and care of prisoners; relating to authorizing the                 
Department of Corrections to enter into an agreement to lease                  
facilities for the confinement and care of prisoners with the City             
of Delta Junction; and providing for an effective date."                       
                                                                               
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6): Therriault, Hanley, Mulder, Martin, Kohring, Davis                
                                                                               
No recommendation (1): Grussendorf                                             
                                                                               
                                                                               
A Finance Committee letter of intent for CSHB 53(FIN), signed by               
Representatives Hanley and Therriault, Co-chairs, appears below:               
                                                                               
"It is the intent of the Legislature that the contract signed pursuant to      
the authority provided in HB 53 should require that:                           
                                                                               
	1.	The prison meet American Correctional Association standards;               
                                                                               
	2.Guards employed in the prison meet the same training                       
standards that are required of prison guards in AS 18.65.130 -                 
18.65.290;                                                                     
                                                                               
3. The contract between the City of Delta Junction and the                   
prison operating entity should be for durations of no longer                   
than five years.  It may be renewable; and                                     
                                                                               
	4.The contract for operation of the facility provide for the                 
removal of the contractor for non performance.                                 
                                                                               
	5.The agreement to lease the facility must provide a fixed rate              
per each bed day, adjusted annually during the term of the                     
lease according to an appropriate index.  The fixed rate for the               
first year must include all capital and operating costs and may                
not exceed $70.00 per bed each day."                                           
                                                                               

1998-02-18                     House Journal                      Page 2345
HB 53                                                                        
The following fiscal notes apply to CSHB 53(FIN):                              
                                                                               
Indeterminate fiscal note, Dept. of Corrections, 2/18/98                       
Zero fiscal note, Dept. of Administration, 2/18/98                             
Zero fiscal note, Dept. of Revenue, 2/18/98                                    
                                                                               
HB 53 was referred to the Rules Committee for placement on the                 
calendar.