Legislature(1997 - 1998)
1998-04-27 House Journal
Full Journal pdf1998-04-27 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"