Legislature(1997 - 1998)
02/10/1998 01:50 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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."
MARGARET PUGH, COMMISSIONER, DEPARTMENT OF CORRECTIONS
provided members with a handout titled, What is the Problem?
(Copy on file). She observed that there are 3,239 inmates
in Alaskan correctional facilities. The emergency capacity
of the Department of Corrections is 2,691 inmates. The
Department is over capacity by 548 inmates. The state of
Alaska has been ordered by the Court to find a way to reduce
its prison population to 2,691 by May 1, 1998.
Commissioner Pugh reviewed the handout:
What Is the Problem?
* Alaska's prison's and jails are severely overcrowded;
* There is no space for new criminals;
* Projections show system will grow by 200 prisoners each
year;
* The State is under Court Order to decrease
overcrowding;
* The State is being assessed fines for overcrowding; and
* No legislative action has been taken.
What Has Been Done?
* In 1995, the Department sent over 200 prisoners out of
State;
* In 1996, "Protecting the People" was introduced by the
Criminal Justice Cabinet;
The Governor introduced the G.O. Bond bill to implement
"Protecting the People";
Legislation to build a private prison in Anchorage was
discussed ; and
An initiative was placed on the ballot to block the
building of a private prison in Anchorage.
* In 1997, the Criminal Justice Cabinet offered to work
with the Legislature;
The Legislature discussed issues and introduced a
variety of bills, but no legislation passed; and
A ballot measure passed effectively blocking
construction of a prison in South Anchorage.
* In 1998, the Governor introduced a bill for Phase I of
a statewide expansion.
What must we do right away?
Givens:
* To do "nothing" is unacceptable;
* The Governor will not commute sentences; and
* The State needs to move over 500 prisoners by May 1.
Options:
* We can use more CRC beds for low risk offenders;
* We can send more dangerous prisoners out-of-state; and
* We can place non-dangerous misdemeanants in tents or
other temporary structures on prison grounds surrounded
by a secure fence.
What are our long-term choices?
* The legislature can review, amend, and adopt the
Governor's statewide expansion plan (HB 368, SB 267).
* The legislature can expand Spring Creek, replace Sixth
Avenue Jail, expand the state prison at Palmer, and
build a private prison at Palmer (SB 179).
As proposed, this does not meet DOC principles.
* The legislature can authorize the conversion of Ft.
Greely at Delta Junction into a medium-security prison
for 800 prisoners (HB 53). As proposed, this does not
meet DOC principles.
In response to a question by Co-Chair Hanley, Commissioner
Pugh reviewed the Department of Corrections principles. To
warrant serious consideration, any prison or jail expansion
proposal must be:
- Safe;
- Statewide (comprehensive and meets regional needs);
- Consistent with best correctional practices;
- Involve community participation (government to
government); and
- Cost effective.
Co-Chair Hanley observed that HB 53 does not meet the
Administration's statewide comprehensive concern.
Commissioner Pugh agreed and added that Bethel is the most
chronically overcrowded correctional facility.
Co-Chair Hanley asked the total per diem cost to implement
the Governor's plan, including capital and operating
expenses. He observed that the Palmer facility expansion
would cost $16.5 million dollars for 221 beds. He clarified
that the total per diem amount should include construction
costs amortized over 20 years.
Co-Chair Therriault stressed that the Legislature needs the
Department of Corrections to provide it with numbers.
Commissioner Pugh stated that she would complete the math to
the best ability of the Department. She noted that she has
questions about the cost of implementing HB 53. She
questioned what the $70 dollar a day rate includes. The
Department of Corrections' $100 dollar per diem cost
includes; total operations at an institutional site,
institutional programs, correctional industries,
transportation, inmate health care, building and equipment
depreciation, capital replacements and all administrative
and support costs. The Arizona contract does not include
inmate health care, major medical, transportation or inmate
gratuities. She asked how many years the $70 dollar a day
rate would hold. She questioned what would happen if the
contractor defaults. She asked what is the total price of
converting and operating Fort Greely as a medium security
prison.
In response to a question by Representative Martin,
Commissioner Pugh stated that the prison and jail
populations have out stripped the growth in state
population. Crime is down, but arrests are up. She stated
that "people are not getting out." She quoted a previous
commissioner of the department as saying that the "stopper
is in the bathtub, and the water is on." She added that
either a bigger bathtub has to be built or the facet has to
be turned off. She maintained that the bathtub is over
flowing.
Representative Martin asked if a Fort Greely facility would
ease the problem. Commissioner Pugh stressed that she cares
about what happens to the people of Delta Junction. She
maintained that she would like to work with the Legislature,
but added that she has concerns and questions regarding the
proposal.
Co-Chair Therriault noted that the Cleary moderator stated
that the Governor's plan is not acceptable. He observed
that the Governor's plan has not been established to be the
most cost effective.
Representative Kelly asked if the $70 dollar a day rate
compares with the Department's $100 dollar a day cost. He
questioned if the Delta project would take the pressure off.
Commissioner Pugh acknowledged that the Fort Greely facility
would take pressure off.
Representative Kelly observed that the proposal would
alleviate part of the prison problem without putting an
additional burden on the state's capital appropriations. He
asked Commissioner Pugh's to outline her objections to HB
53.
Commissioner Pugh stated that she does not have a good feel
for the financing package and the total cost of the
legislation. She did not know if the total cost of the
facility and operations could be covered at $70 dollars a
day.
Representative Kelly asked if she would be supportive if the
cost of the facility and operations could be covered for $70
dollars a day. Commissioner Pugh felt that $70 dollars a
day would be low if all the factors were taken into account.
She acknowledge that her level of comfort would be increased
if it can be demonstrated that $70 dollars a day would cover
all the costs.
Commissioner Pugh provided members with a facility count in
response to questions from Co-Chair Hanley during a previous
meeting (copy on file).
Co-Chair Hanley clarified that his request was in response
to the insinuation that there would not be enough medium
security prisoners to fill 800 beds. He noted that the
handout does not show security levels. Commissioner Pugh
clarified that most prisoners do fall in the medium custody
level. Co-Chair Hanley noted that projections show that the
state correctional facilities would be over capacity by
1,300 prisoners. Commissioner Pugh noted that the State
paid for the full cost of halfway houses even when they were
not full. Contracts with halfway houses are now on a per
diem basis. Prisoners at Palmer, Wildwood and in Arizona
are medium security inmates.
Representative Davies asked what kind of health care
facilities are in Delta Junction, who would be called in
case of a riot and are there additional costs for fire
safety.
Commissioner Pugh noted that standards established by the
American Corrections Association state that a prison should
be located no farther than 50 miles from a major city of
10,000. This standard was established to assure proximity
to emergency services. She stressed that the problems
regarding HB 53 are not insurmountable. She noted that
issues such as response to fires or riots would need to be
addressed. Transportation in case of an emergency is also
an issue. She noted that prisoners could be screened for
medical concerns. She observed that there is a good runway
at Fort Greely, but added that it is more expensive to
airlift a person. Representative Davies asked Commissioner
Pugh to attach a cost to these issues. She stressed that it
will be difficult to get a true "apples to apples cost."
In response to a question by Representative Mulder,
Commissioner Pugh noted that the department is working on a
Request for Proposal (RFP) for out-of-state medium security
beds. The Arizona contract expires on June 30, 1998. The
RFP would be for up to 600 beds. Representative Mulder
pointed out that 600 beds are needed today. The Fort Greely
facility would not come on line for a couple of years.
Commissioner Pugh acknowledged that it is a reasonable
expectation that 800 beds will be necessary.
In response to a question by Representative Davis,
Commissioner Pugh clarified that security levels relate to
buildings and custody levels relate to the degree of
supervision. Each inmate has a custody and security level.
There are five custody levels: maximum, closed, medium,
minimum and community. The majority of inmates are in
medium custody.
Representative Davies pointed out that if prisoners for out-
of-state or rural facilities are screened for pre-existing
medical conditions and other needs than prisoners in
facilities near town would require more expensive care.
Co-Chair Therriault pointed out that the Legislature trusts
the Department to write a contract for out-of-state inmates.
He added that the Legislature would trust the Department to
write a contract to implement HB 53 if it is enacted.
Commissioner Pugh clarified that the out-of-state contract
will go out to bid as an RFP. She reiterated that she would
appreciate guidance.
(Tape Change, HFC 98 - 25, Side 2)
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW
pointed out that many of the prisoners in overcrowded
institutions cannot be moved since they are pretrial
prisoners or serving short sentences. She pointed out that
regional facilities would need to be expanded.
HB 53 was HELD in Committee for further consideration.
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