Legislature(1999 - 2000)
02/24/1999 09:05 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE BILL NO. 83
"An Act making and amending capital, supplemental, and
other appropriations, and appropriations to capitalize
funds; ratifying certain expenditures; and providing
for an effective date."
ANNALEE MCCONNELL, Director, Office of Management and
Budget was invited to join the committee. She introduced
Margaret Pugh.
MARGARET PUGH, Commissioner, Department of Correction was
invited to join the committee. She explained the
overcrowding situation of the prisons. They will never be
able to have complete control over what happens in the
prison settings due to this situation. She said the amount
requested was needed to complete this fiscal year.
It was explained that prisoners were often in need of
medical care because they were coming from outlying areas,
especially at the Cook Inlet Pretrial facility. Because of
the volatility of a pretrial institution the situation is
less stable. It is necessary to hold staff at these
institutions at a specific level and to not reduce them.
Inmate health care was requesting $500,000 in the
supplemental.
DWAYNE PEOPLES, Director, Division of Administrative
Services, Department of Corrections was invited to join the
committee. He explained that the medical needs have
doubled since last year. The cost for providing medical
services are continuing to escalate.
Co-chair Parnell asked about pharmaceutical costs. These
were also continuing to rise.
Commissioner Pugh advised the committee that they had done
a mental health inmate assessment. It was found there were
special mental health cases in the probation and parole
program.
Senator Phillips asked about the bed count and what it was
at presently. Commissioner Pugh said that the bed count
was approximately four thousand two hundred sixty beds.
There have been some interesting trends in prisoner
population this year. At the peak difference from last
year, 1997 - 1998, there were about four hundred twenty
inmates. Then it leveled off towards the end of the year.
Senator Phillips asked about the inmates outside Alaska in
Arizona. Commissioner Pugh advised the out-of-state count,
including Federal facilities and alcohol treatment related
institutions.
Senator Phillips asked about the health care request. "If
the population hasn't increased what is happening?"
Commissioner Pugh said there were approximately 400 more
prisoners at the peak time. "We are seeing older inmates
and also an incoming population of younger prisoners."
They were taking in more young people. At last week's
count there were about four hundred inmates, age twenty-one
and younger. For the record she noted two sixteen-year
olds and two seventeen-year olds. This younger population
is growing and presenting special needs. They were also
seeing an increasing number of patients with heart ailments
and other gastro ailments.
Senator Leman said he was concerned in the meteoric rise in
mental health costs for the inmates. "Are we becoming
smarter about what our mental health needs are or are we
somehow getting billed for services? What can we do to
manage this?" Commissioner Pugh said they were concerned
about the same things. The department was working on how
to contain and control these costs. They were also
exploring either how to reduce them or at least keep them
at the same level. It had been ascertained that medical
care services seem to be delivered at the lowest level in
the outlying communities. She explained that they were
tending to revolving door inmates. This involved trying to
help these individuals get stabilized, however then they
are released and go back to the outlying areas where no
services are provided to help them continue in their
rehabilitation and/or medical care. Judge Rhodes in
Anchorage handles the mental health cases so that these
individuals do not become nameless.
Senator Leman outlined an experience he personally had with
an inmate from the Cook Inlet Pretrial facility. The
medical condition suffered by the inmate was not uncommon,
however, medication was expensive. Commissioner Pugh
responded, noting that this problem was nation-wide. The
medication was expensive and therefore drives up their
costs.
Senator Leman said perhaps it should be considered whether
or not these individuals should be institutionalized.
Commissioner Pugh explained what services could be provided
at the level they were presently budgeted at. At this
point Ms. McConnell spoke specifically to the budget for
beds. They were trying to transfer inmates in several
large trips to Arizona as contracted with the Federal
marshals. She felt this was a successful undertaking.
Mr. Peoples' also commented and said there had been one
consolidated supplemental request from the Department of
Public Safety and the Department of Corrections for the
transport of prisoners.
Senator Leman asked if there was any contract with the
airlines for prisoner transportation. He wanted to know if
top dollar was being paid for these transports? Mr.
Peoples said he did not feel there was any special rates.
For security reasons these transports are kept secret.
They try to do them in small batches and if airlines are
used these are done at full fare.
Commissioner Pugh said they are still looking for the most
inexpensive way to transport the prisoners out of state and
felt that contracting with the Federal marshals was the
best. For instate flights they try to make sure they have
several inmates at once so they can use charter.
Senator Phillips asked about the airline tickets. "Do we
pay full fare?" Mr. Peoples said they did not have a fare
arrangement with the airlines. Senator Phillips asked if
it was possible to negotiate a possible book fare for the
transportation of the prisoners. Commissioner Pugh said
she would check into this matter. Ms. McConnell said that
Commissioner Boyer had looked extensively into this last
year but Alaska Airlines was unwilling to provide any
negotiated rates for State employees or for State use.
Senator Phillips said that Alaska Airlines should provide
better fares for such a big user as the State, or else find
someone else.
Senator Green asked for a breakdown regarding the health
and medical requests of the inmates. Commissioner Pugh
said it was all out of state requests in this supplemental
portion. (Out of state inmates) She said they did try to
screen the inmates regarding their health and medical
problems and special needs. In addition, probation and
parole officers also monitor these.
Senator Adams asked about the balance. Mr. Peoples did not
know but said he would provide it.
Vendors concerned about furniture contacted Senator Leman.
Furniture was being purchased at a premium rather than on a
competitive market. Therefore, there were no benefits.
Commissioner Pugh said that a commission had been appointed
to oversee this matter. They had to insure there was a
minimum impact regarding this. The commission had contact
with various office supply companies in the State who meet
quarterly and then advertise their needs. She will provide
a breakdown to the committee.
Mr. Peoples noted three reductions included in the
supplemental. They were a reduction of beds in CRC, known
culture reductions and delays in obtaining a bid in Nome.
There was also delay in obtaining permits through the City
and the Courts.
In response to a question from Senator Leman, Mr. Peoples
said there had been difficulty in obtaining the beds in
Fairbanks. This resulted in the whole procurement of beds
being delayed. Senator Adams asked about the beds for the
Bethel facility? Commissioner Pugh said they were working
on this matter.
Co-chair Parnell directed the Commissioner's attention to
the memo from Senator Ward. He asked her to please address
these questions. With respect to the committee she said
she had not had time to look the memo over but will respond
in writing to the committee as soon as possible.
Co-chair Parnell then turned to section four of SB 83,
judgments and claims.
BARBARA RITCHIE, Deputy Attorney General, Civil Section,
Department of Law was invited to join the committee. She
gave a short overview of judgments and claims in general.
(Tape #36 switched to Side B at log 593.)
Senator Donley briefly commented and said he would like a
little more detail regarding these. He referred to item
these matters in writing.
Senator Donley referred to Trustees for Alaska, Kachemak
Bay Conservation Society vs. State of Alaska. He said the
committee should be examining a modification of this case.
Ms. Ritchie said it was now pending before the Supreme
Court. She explained the central issues of this case. The
case was remanded to the agency. Senator Donley said the
rules had evolved over time. She explained the Supreme
Court's interpretation of the case. Senator Donley
interrupted saying perhaps a statutory change was needed
here. Senator Leman concurred. Senator Torgerson asked if
the State assumed they were going to win the appeal? Ms.
Ritchie said they hoped they would win it. She went on to
explain that in the event the State loses, it may be at a
lesser attorney fees amount.
Senator Phillips asked what happened if the Legislature
refused to fund any of these cases? "Isn't there a
separation of powers? What would the Courts do?" Ms.
Ritchie said there would be a "separation of powers" issue.
Senator Phillips said in that case, then, the Legislature
would win because they were the ones appropriating the
money for payment of the judgments. Ms. Ritchie felt the
matter would end up being litigated, however, if the
Legislature refused to fund the judgments.
Senator Donley referred to the apportionment of fees
regarding item #5. Perhaps the statute should be tightened
up. He strongly stated that someone should be held
accountable. There was no accountability by the
individuals involved and further, no one was being held
accountable for the payment of these huge judgments. He
did not want to see this situation continuing in the
future.
Co-chair Parnell asked if there were any more questions on
Kachemak Bay as he wanted to continue on to the Y2K
section.
There followed a brief at ease approximately 10:05 a.m.
until 10:15 a.m.
Co-chair Parnell called HB 64.
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