Legislature(1997 - 1998)
1998-03-04 House Journal
Full Journal pdf1998-03-04 House Journal Page 2492 HB 53 The Rules 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: CS FOR HOUSE BILL NO. 53(RLS) "An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; 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 agreements to lease 1998-03-04 House Journal Page 2493 HB 53 facilities for the confinement and care of prisoners with the City of Delta Junction and with the Municipality of Anchorage; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kott, Phillips, Porter No recommendation (3): Nicholia, Elton, Williams A House Rules Committee letter of intent for CSHB 53(RLS), signed by Representative Kott, Chair, 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. The fixed rate will cover the same daily costs that are covered in the current contract between the Corrections Corporation of America contract and the Department of Corrections for beds in Florence, AZ (agency contract No. 2054863, ASPS No. 95-0100)." 1998-03-04 House Journal Page 2494 HB 53 The following fiscal notes apply to CSHB 53(RLS): 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 is on today's calendar.