Legislature(1997 - 1998)

1998-04-27 House Journal

Full Journal pdf

1998-04-27                     House Journal                      Page 3266
HB 53                                                                        
The following letter, dated April 24, 1998, was received:                      

1998-04-27                     House Journal                      Page 3267
HB 53                                                                        
"Dear Speaker Phillips:                                                        
                                                                               
On this date I have signed the following bill and am transmitting the          
engrossed and enrolled copies to the Lieutenant Governor's Office for          
permanent filing:                                                              
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S                              
"An Act expressing legislative intent without the force of law                
concerning correctional facility space and the Cleary v. Smith                 
case; adding, as a general power of municipalities, the power to               
provide for, and enter into agreements concerning the confinement              
and care of prisoners; relating to authorizing the Department of               
Corrections to enter into agreements to lease 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."                                                               
                                                                               
Chapter No. 15, SLA 1998                                                      
¦Effective Date:  April 25, 1998á                                             
                                                                               
This bill addresses three different issues of importance to the                
Department of Corrections in Alaska.  First, it expresses the                  
Legislature's intent to work with the department to reduce the                 
population in state prisons to the emergency capacities established by         
the court in the class action suit Cleary v. Smith, 3AN-S81-5274 Civ.          
Indeed, the Legislature has funded the acquisition of more halfway             
house beds, more contract prison beds out of state, and other                  
reasonable and cost-effective alternative means of confinement.  As a          
result of this, the State of Alaska has been able to stop incurring fines      
for violations of the court's order in Cleary, for the first time since        
1994.                                                                          
                                                                               
                                                                               
Second, this bill authorizes the state to enter into a lease agreement         
with the Municipality of Anchorage for a new 400-bed jail facility.            
The bill specifies that capital costs may not exceed $56,000,000 and           
that the location selected for the facility must be within one mile of the     
courthouse in Anchorage or within one mile of the Cook Inlet Pretrial          
Facility.                                                                      
                                                                               

1998-04-27                     House Journal                      Page 3268
HB 53                                                                        
The third part of this bill authorizes the state to enter into an              
agreement with the City of Delta Junction to lease space within a              
correctional facility on the realigned Fort Greely military reservation.       
The lease, if entered into, must be for a minimum of twenty years and          
provide a minimum of 800 medium security prison beds.  The City of             
Delta Junction is required by the bill to use a process similar to that        
established in the state procurement code to enter into an agreement           
with a private third-party contractor for the operation of the                 
correctional facility.  A letter of intent accompanying the bill specifies     
that the cost per prisoner per day, inclusive of capital expenses, is not      
to exceed $70.                                                                 
                                                                               
                                                                               
As we stated time and again during this legislative session, proposals         
for the expansion of our jail and prison facilities in Alaska must be          
measured on the basis of:                                                      
                                                                               
                                                                               
	*  Safety,                                                                    
	*  Comprehensively meeting statewide  and regional needs,                     
	*  Consistency with best correctional practices,                              
	*  Involving community participation (government to                           
	    government), and                                                          
	*  Cost effectiveness.                                                        
                                                                               
                                                                               
This legislation represents a good first step toward meeting our state's       
needs, but it is by no means complete or comprehensive.  Our prison            
and jail plan, which we have presented to the Legislature, calls for           
expansions of our current system at Bethel, Sutton, Palmer, Fairbanks,         
Kenai, Juneau and Barrow.  This session I submitted legislation                
authorizing the first phase of the plan for the most pressing expansion        
needs in Bethel and Sutton in addition to the Anchorage jail                   
replacement.  Only the Anchorage jail has been addressed in this               
legislation. This legislation is also incomplete with respect to               
addressing the terms of the leases and the process to be followed by           
the parties.  In signing this bill, I am committing the state to filling in    
these blanks with provisions that embody the principles of good                
government.                                                                    
                                                                               

1998-04-27                     House Journal                      Page 3269
HB 53                                                                        
For the new Anchorage jail, this means reaching consensus on the               
terms of the lease, joint approval over the design and construction of         
the facility, resolution of issues surrounding the cost of care for            
municipal prisoners, and participation by the state in the financing           
process for the project.                                                       
                                                                               
                                                                               
For a prison at Fort Greely, this means many of the same things, but           
also a commitment to a government-to-government relationship                   
between the state and the City of Delta Junction on the ownership,             
construction and operation of the proposed facility. The transactions          
contemplated by this legislation are extremely complex  -- the State of        
Alaska is to enter into an agreement with a small community for the            
care and custody of at least 800 prisoners at a converted army post; the       
City of Delta Junction is to arrange for the conversion of the post into       
the largest prison in the state and then select an operator for the prison.    
                                                                               
                                                                               
There are several critical components necessary to move forward on             
this project.  One is the necessity for Delta Junction to obtain               
ownership of the land and facility for as long as it is used for prison        
purposes.  Additionally, it is not clear who is to build the prison.  The      
state is not authorized to build it and neither the City nor the re-use        
organizations have the capability to undertake such a project.  Thus,          
considerable state oversight would be required of any private                  
contractor building a prison to ensure a safe, adequate, cost-effective        
facility.  As the state's lease payments will undoubtedly be used in the       
financing of construction, the state must also be involved in various          
parts of the financing to protect its lease interests. The city will also      
need to use an open and fair competitive process to select the operator        
of the prison.                                                                 
                                                                               
                                                                               
The state recognizes the tremendous hardship imposed on Delta                  
Junction by the closure of the Fort Greely post and the state is               
committed to working with Delta Junction for an effective re-use plan          
for the post.  At the same time, the costs of operating a prison at Fort       
Greely must be fiscally responsible.                                           
                                                                               
                                                                               

1998-04-27                     House Journal                      Page 3270
HB 53                                                                        
This legislation represents an important first step toward solving our         
prison and jail overcrowding crisis. However, if we are to finally and         
fully resolve our corrections problems, we must continue to work               
together over the next several years to build more prison and jail beds,       
find alternatives to incarceration where appropriate, and most                 
importantly, address the early childhood and educational factors that          
we know lead to future inmate populations.                                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"