Legislature(2019 - 2020)GRUENBERG 120

01/23/2020 03:00 PM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 187 RESTRICT OUT-OF-STATE CORRECTIONAL FACIL. TELECONFERENCED
Heard & Held
<Pending Introduction & Referral>
*+ HJR 15 CONST. AM: VOTES NEEDED FOR VETO OVERRIDE TELECONFERENCED
Heard & Held
        HB 187-RESTRICT OUT-OF-STATE CORRECTIONAL FACIL.                                                                    
                                                                                                                              
3:02:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS  announced  that   the  first  order  of                                                               
business  would  be HOUSE  BILL  NO.  187,  "An Act  relating  to                                                               
correctional  facilities;  relating  to   the  authority  of  the                                                               
commissioner  of   corrections  to  designate   the  correctional                                                               
facility to  which a prisoner  is to be committed;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
3:02:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SHARON   JACKSON,  Alaska   State   Legislature,                                                               
testified  that  she supports  the  proposed  legislation; it  is                                                               
important  to keep  Alaskans in  their home  state in  which they                                                               
will eventually reenter  society.  She suggested  an amendment to                                                               
HB 187  to allow a  third exemption under which  the commissioner                                                               
of  the Department  of Corrections  (DOC)  could send  non-Alaska                                                               
prisoners and prisoners  sentenced to serve 99-plus  years out of                                                               
Alaska,  if  doing so  constitutes  significant  savings [to  the                                                               
state].                                                                                                                         
                                                                                                                                
3:04:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS,  as prime  sponsor  of  HB 187,  presented  the                                                               
proposed legislation  with the use of  a PowerPoint presentation.                                                               
He relayed  that HB 187  would prohibit sending  Alaska prisoners                                                               
out of state or to private prisons.   He turned to slide 2 of the                                                               
PowerPoint  presentation  on HB  187  and  stated that  the  only                                                               
exceptions would be  for limited circumstances:   an inmate needs                                                               
to be transferred out of  state for specialized medical treatment                                                               
not available  in Alaska; for  extradition of an inmate  not from                                                               
Alaska; or  an inmate's  family has  moved out  of state.   Other                                                               
than for these exceptions, HB  187 would prevent privatization of                                                               
prisons within Alaska and the transfer of prisoners to out-of-                                                                  
state private prisons.                                                                                                          
                                                                                                                                
CO-CHAIR FIELDS moved  on to slide 3 and noted  that the proposed                                                               
legislation  would  be  consistent with  the  legislature's  past                                                               
efforts - notably Senate Bill  64 [passed during the Twenty-Third                                                               
Alaska State  Legislature, (2003-2004)]  - when  the legislature,                                                               
in a bipartisan  action, ended the practice  of sending prisoners                                                               
out  of state  because  of the  negative effects  of  doing so  -                                                               
namely, bringing gangs back to Alaska.                                                                                          
                                                                                                                                
CO-CHAIR FIELDS relayed that last  year the legislature passed HB
49  [during the  Thirty-First  Alaska  State Legislature,  (2019-                                                               
2020),  signed into  law 7/8/19],  which strengthened  sentencing                                                               
and improved reentry  programs.  He maintained that  HB 187 would                                                               
ensure  the provision  of reentry  programs to  Alaska prisoners;                                                               
DOC staff  is committed to  rehabilitation and  reentry programs;                                                               
there are  rehabilitation and  reentry coalitions  throughout the                                                               
state.   He asserted that  the reentry coalitions  cannot perform                                                               
their tasks, if the prisoners are out of state.                                                                                 
                                                                                                                                
3:06:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS stated  that the  practice of  sending prisoners                                                               
Outside  decades  ago  began, perhaps,  innocently  enough  as  a                                                               
temporary solution;  however, it  "metastasized" and  became very                                                               
difficult to bring those prisoners  back to Alaska.  He advocated                                                               
for  the state  to be  consistent with  the policies  of [former]                                                               
Governor Frank  Murkowski and former legislators,  who funded the                                                               
construction   of   Goose   Creek  Correctional   Center   (GCCC)                                                               
[Wasilla].  He  referred to a quote by  Governor Murkowski, shown                                                               
on slide 3, which read:                                                                                                         
                                                                                                                                
     Over a  decade of  gridlock has led  to the  failure to                                                                    
     improve  of  what  was  supposed   to  be  a  temporary                                                                    
     solution of sending  prisoners to Arizona?finally, this                                                                    
     bill  will generate  good paying,  long  term jobs  for                                                                    
     Alaskans and  end the  export of  over $14  million per                                                                    
     year to Arizona.                                                                                                           
                                                                                                                                
CO-CHAIR   FIELDS  mentioned   that  the   reopening  of   Palmer                                                               
Correctional Center (PCC) represents almost  100 jobs.  He asked,                                                               
"Are we  going to have these  jobs for Alaskans -  largely in the                                                               
[Matanuska-Susitna] Valley or are we  going to have those jobs be                                                               
Outside?"                                                                                                                       
                                                                                                                                
CO-CHAIR  FIELDS   referred  to   slide  4  to   give  additional                                                               
background on private prisons in Alaska, which read:                                                                            
                                                                                                                                
     ? As  Governor Murkowski noted, Alaskan  public dollars                                                                    
     should stay in Alaska.                                                                                                     
                                                                                                                                
     ? Despite  SB 65, private prisons  lobbied for earmarks                                                                    
     and public dollars through 2007  and were implicated in                                                                    
     the VECO scandal.                                                                                                          
                                                                                                                                
     ? By 2007, four  cities have voted against establishing                                                                    
     such prisons  within their limits: Anchorage  (2019 and                                                                    
     1997)   Delta  Junction   (1999),  Kenai   (2001),  and                                                                    
     Whittier (2005).                                                                                                           
                                                                                                                                
     ?Legislature  appropriated  $16.7m   to  reopen  Palmer                                                                    
     Correctional Center (PCC) in 12 months.                                                                                    
                                                                                                                                
     ?In the  12/11/19 HSTA hearing, internal  DoC documents                                                                    
     show that  staff estimated that PCC  Medium facility in                                                                    
     9 months for  $14.5m, and entire facility  in 12 months                                                                    
     for $21m.                                                                                                                  
                                                                                                                                
CO-CHAIR FIELDS stated that the  understaffing of private prisons                                                               
leads  to the  formation  of gangs.    He turned  to  slide 5  to                                                               
address the public safety risks of private prisons, which read:                                                                 
                                                                                                                                
        In  12/11/19  HSTA  Hearing,  ACOA  President  Randy                                                                    
     McLellan noted that Alaskans  placed in private prisons                                                                    
     in Arizona  and Colorado were  forced to join  gangs or                                                                    
     seek protection from gangs in private prisons.                                                                             
                                                                                                                                
     ? ACOA  noted that  at least  three gangs  were brought                                                                    
     back from private prisons:                                                                                                 
           The Low Lifes, a NY based prison gang.                                                                               
           The 1488s, a white supremacist prison gang.                                                                          
           The   Native  Brotherhood,   formed  to   protect                                                                    
          Alaska  Native prisoners  sent to  prisons in  the                                                                    
          Lower 48.                                                                                                             
                                                                                                                                
      First-hand  accounts from  reentry experts  and former                                                                    
     prisoners   show    that   Alaskan    prisoners   faced                                                                    
     discrimination and threats  because of racial injustice                                                                    
     and gangs.                                                                                                                 
                                                                                                                                
CO-CHAIR FIELDS  maintained that  the rehabilitation  and reentry                                                               
programs at out-of-state private prisons  will never be as strong                                                               
as  at PCC.   He  referred to  the 12/11/19  House State  Affairs                                                               
Standing  Committee meeting  testimonies summarized  on slide  6,                                                               
which read:                                                                                                                     
                                                                                                                                
     ?Corrections    Officer   Josh    Wilson   of    Alaska                                                                    
     Correctional Officers Assoc.  noted that elimination of                                                                    
     rehabilitation and reentry  opportunities will increase                                                                    
     costs:  2017 Alaska  Justice Information  Center Survey                                                                    
     of  Reentry  Efforts,  every avoided  conviction  saves                                                                    
     between $100-$150k dollars per conviction.                                                                                 
                                                                                                                                
     ?  Chet Adkins,  Reentry Coordinator  and South-Central                                                                    
     Foundation   Men's   Wellness  Expert   described   his                                                                    
     experience as  an Alaska Native prisoner:  he described                                                                    
     private prisons' elimination  of cultural programs such                                                                    
     as potlucks, reentry programs such  as craft shops, and                                                                    
     removal of counselors.                                                                                                     
                                                                                                                                
     ?  The  State  of  Alaska  will  still  have  to  incur                                                                    
     transportation costs  to these remote prisons  and will                                                                    
     still  be  responsible  for certain  forms  of  medical                                                                    
     care.                                                                                                                      
                                                                                                                                
     ?  Chet Adkins  also described  in his  letters how  he                                                                    
     witnessed  delayed   or  denied   prisoner  healthcare,                                                                    
     resulting in death  or debilitating lifelong conditions                                                                    
     for multiple prisoners.                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS explained  that  to have  successful reentry,  a                                                               
prisoner   must   stay   connected  to   his/her   family   while                                                               
incarcerated.    As  the prisoner's  release  approaches,  he/she                                                               
needs to be working with  reentry coalition personnel on housing,                                                               
treatment,  and  employment.   Representative  Fields  maintained                                                               
that  coordinating these  services is  impossible when  prisoners                                                               
are out  of state.  He  added that the reentry  activities do not                                                               
occur just  before a prisoner is  released; community non-profits                                                               
provide "inreach"  to inmates throughout their  incarceration; it                                                               
is especially  important for long-term  inmates, who  can receive                                                               
training during their prison stay.                                                                                              
                                                                                                                                
3:10:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS  maintained  that prohibiting  the  transfer  of                                                               
prisoners out of  state would be consistent with  actions of both                                                               
the federal government  and other states.  He turned  to slide 7,                                                               
which read:                                                                                                                     
                                                                                                                                
     ?In 2016, the  U.S. Dept of Justice decided  to end use                                                                    
     of private prisons following an administrative survey.                                                                     
                                                                                                                                
     ?Concerns  centered around  rampant  safety issues:  of                                                                    
     the  private  prisons  contracted with  the  Bureau  of                                                                    
     Prisons  (BOP), the  survey found  higher incidents  in                                                                    
     all categories measured:  contraband, lockdowns, inmate                                                                    
     discipline, sexual misconduct and more.                                                                                    
                                                                                                                                
     ?BOP report  found they do  not provide the  same level                                                                    
     of services, safety, or rehabilitative programs.                                                                           
                                                                                                                                
CO-CHAIR  FIELDS  added that  inmates  who  testified during  the                                                               
12/11/19 hearing  related that there are  more drugs infiltrating                                                               
private prisons  because prison guards are  not well compensated,                                                               
therefore, easily bribed to bring drugs into the prison.                                                                        
                                                                                                                                
CO-CHAIR FIELDS  moved on to  slide 8  to discuss the  actions of                                                               
other states, which read:                                                                                                       
                                                                                                                                
     ?June 11th,  2019: NV Governor  Steve Sisolak  signs AB                                                                    
     183,  prohibiting  state   from  entering  or  renewing                                                                    
     contract with private, for-profit prison companies.                                                                        
                                                                                                                                
     ?22  other  states  do  not   use  private  prisons  or                                                                    
     prohibit their use.                                                                                                        
                                                                                                                                
     ?  Since  2000,  New York,  Illinois,  Iowa,  Arkansas,                                                                    
     Kentucky, Maine,  Michigan, Nevada, North  Dakota, Utah                                                                    
     and Wisconsin have all prohibited their use.                                                                               
                                                                                                                                
CO-CHAIR FIELDS  cited Florida's experience with  private prisons                                                               
as summarized on slide 9, which read:                                                                                           
                                                                                                                                
     July 2019: Florida  state accountability office ordered                                                                    
     to  perform  study  on   Correctional  Health  Care  in                                                                    
     Florida Dept of Corrections (FDC):                                                                                         
          ? This study, by an independent auditor,                                                                              
          recommended the state end its private healthcare                                                                      
          contract.                                                                                                             
                                                                                                                                
            The  estimated savings of  doing so  could reach                                                                    
          as high as $40-46 million a year.                                                                                     
                                                                                                                                
          ?  It noted  that while  cost savings  appeared in                                                                    
          the  short  term,   consistent  service  that  met                                                                    
          contractual obligations  was hard  to meet-leading                                                                    
          to contractor turnover,  and terminated contracts,                                                                    
          increased  inmate  health  and  safety  risks  and                                                                    
          increased litigation.                                                                                                 
                                                                                                                                
          ?The  same study  recognizes  Alaska's own  system                                                                    
          (state  operated) as  more  inherently stable  for                                                                    
          attracting and retaining staff.                                                                                       
                                                                                                                                
3:12:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  asked  the  commissioner of  DOC  why  the                                                               
legislative intent to open PCC was not followed.                                                                                
                                                                                                                                
3:13:09 PM                                                                                                                    
                                                                                                                                
NANCY DAHLSTROM,  Commissioner, Department of  Corrections (DOC),                                                               
thanked Representative  Fields for  his praises of  the employees                                                               
of DOC.   She relayed  that the DOC  population has grown  and is                                                               
continuing to grow with the  implementation of HB 49; she expects                                                               
the  trend  to continue;  currently  the  population is  at  97.3                                                               
percent.  She mentioned the  Request for Proposal (RFP) issued by                                                               
DOC in October to house prisoners  out of state.  She stated that                                                               
today she is announcing publicly that  she has signed a notice of                                                               
cancellation for that RPF.   She relayed that from the beginning,                                                               
the RFP  was just one  of the tools  that she was  considering to                                                               
address  prison population  management; the  department has  been                                                               
consistently looking  at any and all  viable alternative options;                                                               
and it  has been able  to identify in-state solutions  to address                                                               
the  growing prison  population and  provide immediate  relief to                                                               
the burdened system.                                                                                                            
                                                                                                                                
3:15:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON asked how many  prison beds in Alaska are                                                               
filled by  prisoners who are  waiting to  be tried, and  of those                                                               
prisoners, how many  are non-violent, of no risk  to society, and                                                               
could be released with ankle monitors.                                                                                          
                                                                                                                                
COMMISSIONER  DAHLSTROM   responded  that  over  51   percent  of                                                               
Alaska's prison  population is  unsentenced.   She said  that she                                                               
does  not know  how  many  are violent.    She  offered that  the                                                               
department  has requested  the Department  of Law  (DOL) and  the                                                               
Alaska Court  System (ACS)  to institute  changes to  address the                                                               
large number of unsentenced prisoners.                                                                                          
                                                                                                                                
3:16:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  asked the commissioner to  identify the in-                                                               
state solutions.                                                                                                                
                                                                                                                                
COMMISSIONER   DAHLSTROM  answered   that  DOC   is  working   on                                                               
developing a community resource center  (CRC) and turning it into                                                               
a  pilot   reentry  project;  the   specifics  are   still  being                                                               
determined.   She maintained that reentry  is extremely important                                                               
and expressed her belief that the  pilot will be successful.  She                                                               
added that DOC  is beginning the process of  addressing the [fire                                                               
and life safety] issues at PCC to open that facility.                                                                           
                                                                                                                                
REPRESENTATIVE VANCE asked  for a timeline for  the pilot project                                                               
and a timeline for [addressing] the safety issues to open PCC.                                                                  
                                                                                                                                
COMMISSIONER DAHLSTROM  replied that  it would  take 90  days for                                                               
the  pilot to  be implemented  and 12-18  months to  complete the                                                               
work at PCC.                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE asked for a  current status on the number of                                                               
correctional officers (COs) needed to maintain safety.                                                                          
                                                                                                                                
COMMISSIONER  DAHLSTROM  responded  that   DOC  has  90  open  CO                                                               
positions; in  all, DOC  has 900 employees.   She  mentioned good                                                               
successes with  recruiting efforts, which involve  recruiting for                                                               
probation officers, parole  officers, medical personnel, clerical                                                               
workers,   and  maintenance   workers.     She  described   DOC's                                                               
recruiting efforts:   DOC now has  a $5,000 hiring bonus  for new                                                               
COs; it has identified new  target audiences; it has expanded its                                                               
outreach; it  is coordinating  with the  Department of  Labor and                                                               
Workforce  Development (DOLWD)  to attend  job fairs  and provide                                                               
DOC employees  to answer questions  at the  job fairs.   She said                                                               
that DOC has  been reviewing and modifying its  hiring process to                                                               
identify the  barriers and  to shorten  the timeline  for hiring.                                                               
Each facility  has a contact  person to update applicants  on the                                                               
status of their applications.                                                                                                   
                                                                                                                                
3:21:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAUCHER    stated   that    the   commissioner's                                                               
announcement is good  news for his district - District  9 - where                                                               
PCC  is located.   He  mentioned  his past  involvement with  the                                                               
prison system.   He expressed the importance  of a rehabilitation                                                               
policy  -  to the  state,  to  the  inmates,  to the  success  of                                                               
reentry,  and  to recidivism.    He  maintained  that PCC  is  an                                                               
important piece in rehabilitation because  of what it offers.  He                                                               
offered that  the problem  is not  just crime  but how  the state                                                               
treats those who are convicted and ultimately released.                                                                         
                                                                                                                                
REPRESENTATIVE RAUSCHER  mentioned that the Department  of Public                                                               
Safety  (DPS)  was  allocated $250,000  for  the  recruitment  of                                                               
police officers, which has been  successful for hiring.  He asked                                                               
whether that level of funding would  be available for DOC to fill                                                               
CO positions and whether PCC would be involved.                                                                                 
                                                                                                                                
3:25:58 PM                                                                                                                    
                                                                                                                                
COMMISSIONER DAHLSTROM  replied, "If  the legislature  would like                                                               
to  add any  recruitment dollars  to my  budget, that  is totally                                                               
your call,  but I would  be thrilled  with that happening."   She                                                               
stated that she  asked for funds to assist  with recruitment, but                                                               
not  $250,000.     She  reiterated  that   reentry  is  extremely                                                               
important;  nationwide,  people  are   realizing  the  value  and                                                               
importance of reentry;  DOC wants inmates to be  better when they                                                               
are released than when they entered.                                                                                            
                                                                                                                                
CO-CHAIR FIELDS  mentioned that  he has  discussed this  with the                                                               
chair of the [House Corrections]  Finance subcommittee to explore                                                               
additional funding for the recruitment of COs.                                                                                  
                                                                                                                                
3:27:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON asked  whether a CO wage  survey has been                                                               
performed.                                                                                                                      
                                                                                                                                
COMMISSIONER DAHLSTROM  answered that she would  provide the date                                                               
of the last survey.                                                                                                             
                                                                                                                                
3:27:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW  restated that  DOC is short  90 COs,  80 are                                                               
needed  to  reopen PCC,  and  according  to  testimony at  a  DOC                                                               
overview,  only  15 applicants  make  it  through the  recruiting                                                               
"pipeline" each year.   He asked, "How can we  possibly fill that                                                               
void at the PCC?"                                                                                                               
                                                                                                                                
COMMISSIONER  DAHLSTROM stated  that she  feels confident  - with                                                               
the changes that  have been made internally - that  DOC will have                                                               
enough officers to  open PCC.  She clarified  that although there                                                               
are challenging hiring requirements,  DOC's hiring success record                                                               
is more than 15  new hires per year.  She said  that as of today,                                                               
there are 15 new officers with start dates.                                                                                     
                                                                                                                                
3:30:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS opened invited testimony.                                                                               
                                                                                                                                
3:30:23 PM                                                                                                                    
                                                                                                                                
JOSHUA WILSON,  Alaska Correctional Officers  Association (ACOA),                                                               
applauded  Commissioner Dahlstrom's  decision to  cancel the  DOC                                                               
RFP and not utilize private prisons.   It is a decision that will                                                               
promote public safety and will  protect Alaskans.  He stated that                                                               
incarcerating   Alaskans  in   out-of-state  private   prisons  -                                                               
thousands  of miles  from their  homes, communities,  and support                                                               
systems -  will result in more  crime and more victims  in Alaska                                                               
communities.   Private prisons  have failed to  [do a  better job                                                               
of]  facilitating rehabilitation  and  treatment of  incarcerated                                                               
Alaskans in the  past because of their low standards.   Given the                                                               
opportunity,   they  will   fail  again.     He   suggested  that                                                               
incarcerating  Alaskans in  private  prisons  equated to  sending                                                               
Alaskans to "crime  school."  Three of Alaska's  worst gangs were                                                               
created when  Alaskans were housed  in private prisons -  the Low                                                               
Life's,  the 1488s,  and the  Native Brotherhood.   Alaska  tried                                                               
private prisons; the results were  horrific; doing so gave Alaska                                                               
one of  the highest recidivism rates  in the country.   He stated                                                               
that the 2016 U.S. Department  of Justice (USDOJ) review into the                                                               
use of private  prisons, [entitled "Review of  the Federal Bureau                                                               
of Prisons' Monitoring of Contract  Prisons"], found that private                                                               
prisons  simply do  not provide  the same  level of  correctional                                                               
services,  programs, and  resources;  they  do not  substantially                                                               
save on  cost; and as noted  in the review, they  do not maintain                                                               
the same level of safety and security.                                                                                          
                                                                                                                                
MR. WILSON  emphasized that  private prisons  do not  save money;                                                               
they  increase recidivism,  which  increases victimization;  they                                                               
endanger  Alaskans; and  they  shift  cost to  the  state.   Best                                                               
practices include  keeping prisoners close to  home; any Alaskans                                                               
held in  private prisons  in the Lower  48 will  lose visitation.                                                               
In 2018, President  Trump signed a bipartisan  bill that requires                                                               
federal prisoners  be incarcerated  no more  than 500  miles from                                                               
their primary residence; any Alaskans  sent to private prisons in                                                               
the  Lower 48  would be  farther than  500 miles  from home.   He                                                               
stated  that  private  prisons lengthen  incarceration  stays  by                                                               
adding prison  conduct violation [time]; they  hold inmates about                                                               
90 days  longer than  state prisons.   He maintained  that prison                                                               
terms should be  determined by a judge in  court; private prisons                                                               
should  not  be  allowed  to increase  their  profit  margins  by                                                               
extending  a prisoner's  sentence, resulting  in increased  costs                                                               
for Alaska.   Mr. Wilson said that  private prisons "cherry-pick"                                                               
prisoners  by excluding  those with  medical conditions,  violent                                                               
prisoners,  and  sex offenders.    Private  prisons have  reduced                                                               
safety  and  security; there  are  fewer  prisoner checks,  fewer                                                               
staff,  less   transparency,  and  lower  standards   for  staff.                                                               
Medical   expenses   are   often  transferred   to   the   state;                                                               
transportation costs  are borne by the  state; administrative and                                                               
litigation  costs  are  additional.   He  mentioned  the  greater                                                               
economic impact  to communities -  the millions of  dollars being                                                               
spent   out   of  state,   lost   jobs,   increased  crime,   and                                                               
victimization.   He said that  victimization cannot be  viewed in                                                               
just economic  terms; it  impacts quality  of life,  tourism, and                                                               
economic growth.                                                                                                                
                                                                                                                                
MR. WILSON  stated that if  a recruitment and  retention campaign                                                               
were  initiated today  utilizing the  funds that  the legislature                                                               
appropriated  for  PCC, the  minimum  security  section could  be                                                               
operational within  five months  and the medium  security section                                                               
operational within  nine months, according to  DOC's own analysis                                                               
from  the spring  of  2019.   When  GCCC  was  opened, DOC  staff                                                               
increased by  100 COs  in a  10-month period  - between  2012 and                                                               
2013.  In  comparison, DPS has a budget of  over $1.6 million for                                                               
recruitment and  advertising for  a department of  761 employees.                                                               
The DOC  does not have  a dedicated  recruitment team made  up of                                                               
officers - as does the  Anchorage Police Department (APD) and DPS                                                               
-  and  DOC   does  not  have  a  budget   component  for  either                                                               
recruitment  or advertising.    In  addition, officer  applicants                                                               
currently  must pay  for their  own medical  screenings; troopers                                                               
and APD  applicants do not.   He maintained that the  barriers to                                                               
recruitment  have resulted  in fewer  COs.   Currently there  are                                                               
over two dozen fewer COs compared with one year ago.                                                                            
                                                                                                                                
MR. WILSON concluded  his testimony by once  again applauding the                                                               
decision to  cancel the RFP for  the use of private  prisons.  He                                                               
said that  on multiple occasions,  Alaskans decided  that private                                                               
prisons do not make sense for  Alaska and voted against them.  He                                                               
asserted  that  Alaskans  deserve better  than  being  warehoused                                                               
2,000  miles  away  with  no  interaction  with  their  families,                                                               
village  elders,  and  mentors  to help  them  become  productive                                                               
members  of their  cities, towns,  and villages.   Alaska  should                                                               
heed the  lessons it  has already learned.   Private  prisons are                                                               
interested only in increasing the  profits to their shareholders;                                                               
they do  not save Alaska  money; and they degrade  public safety.                                                               
He stated that ACOA supports the passage of [HB 187], which will                                                                
protect all Alaskans.                                                                                                           
                                                                                                                                
3:36:42 PM                                                                                                                    
                                                                                                                                
JONATHAN  PISTOTNIK,  Coordinator, Anchorage  Reentry  Coalition,                                                               
stated that  he is speaking on  behalf of himself.   He applauded                                                               
DOC's  repeal of  the  RFP and  offered  the following  statement                                                               
(original punctuation provided):                                                                                                
                                                                                                                                
     Good Afternoon, for the record my name is Jonathan                                                                         
     Pistotnik. I am a resident of Anchorage. Although I                                                                        
     have many partners in the community that I believe                                                                         
     share some of my sentiments I am just speaking for                                                                         
     myself this afternoon. Thank you for the opportunity                                                                       
     to speak.                                                                                                                  
                                                                                                                                
     I am stating my support for HB 187.                                                                                        
                                                                                                                                
     As someone that helps support prisoner reentry into                                                                        
     the community on a full-time basis as the coordinator                                                                      
     for the Anchorage reentry coalition, I believe that                                                                        
     the sending of inmates out of state to private prisons                                                                     
     will be detrimental.                                                                                                       
                                                                                                                                
     Detrimental to those individuals sent out of state to                                                                      
     be further isolated and removed from their homes and                                                                       
     culture; detrimental to the families of the                                                                                
     individuals sent out of state, to the wives and                                                                            
     children and parents; and detrimental to those of us                                                                       
     engaged in prisoner reentry work throughout Alaska and                                                                     
     the communities that will bear the burden of                                                                               
     rehabilitation.                                                                                                            
                                                                                                                                
     I support this house bill and it's [sic] efforts to                                                                        
     keep state inmates in Alaska.                                                                                              
                                                                                                                                
     Although I have many concerns about the states [sic]                                                                       
     intent to send more than 500 Alaskans out of state I                                                                       
     would like to make just 2 brief points.                                                                                    
                                                                                                                                
     Although I am mainly engaged in community organizing                                                                       
     around the topic of prisoner reentry, I do go into                                                                         
     correctional institutions, when I can, to educate                                                                          
     inmates about reentry programs and services that are                                                                       
     available in the community, and in doing so I hope to                                                                      
     motivate and encourage them to seek out services that                                                                      
     they may need when they are released and to answer                                                                         
     questions to the best of my ability.                                                                                       
                                                                                                                                
     Education, awareness, motivation, encouragement, the                                                                       
     building trust in those short visits I am afforded are                                                                     
     key to my work and that of my partners in the                                                                              
     community that make similar efforts to engage with                                                                         
     inmates prior to their release.                                                                                            
                                                                                                                                
     Drawing upon my background in public health I believe                                                                      
     that it takes time to build that trust and knowledge                                                                       
     necessary to make real change in this context. So how                                                                      
     will those of us engaging in and promoting reentry be                                                                      
     able to meaningfully engage with someone that is                                                                           
     housed in a prison thousands of miles away in Arizona                                                                      
     or Colorado for 5, 10 years?                                                                                               
                                                                                                                                
     I can't help but think that it will be a serious step                                                                      
     backwards for those of us in the community that are                                                                        
     engaged in this work if men are sent out of state with                                                                     
     no opportunity to hear our messaging.                                                                                      
                                                                                                                                
     The second concern that I have is the exposure to                                                                          
     prison gang culture that is likely to occur when                                                                           
     Alaskan inmates are sent to facilities that are                                                                            
     warehousing inmates from other states.                                                                                     
                                                                                                                                
     I have never been privy to a discussion or meeting                                                                         
     amongst my reentry partners in Anchorage in which gang                                                                     
     affiliation has ever been a practical concern of ours                                                                      
     when working with someone that has been released from                                                                      
     incarceration.                                                                                                             
                                                                                                                                
     The only time it comes up is when there is reflection                                                                      
     on the last time inmates were sent outside and how it                                                                      
     bolstered the small-time cliques that were here.                                                                           
                                                                                                                                
     This is because prison gang culture and street gang                                                                        
     culture does not exist in Alaska in the same way it                                                                        
     does in the lower 48. In the parlance of the streets,                                                                      
     it just isn't as hardcore in Alaska or in Anchorage.                                                                       
                                                                                                                                
     My concern is that if men are sent out of state and                                                                        
     warehoused in private prisons where they will be                                                                           
     exposed to prison and street gang cultures, and either                                                                     
     learn or be forced to adopt that type of lifestyle,                                                                        
     when they return (and they will return) they will                                                                          
     bring that gang culture back with them.                                                                                    
                                                                                                                                
     And as we know 95% of inmates are eventually released                                                                      
     so my concern is that gang culture will eventually                                                                         
     permeate into the community, and very simply make                                                                          
     everyone less safe.                                                                                                        
                                                                                                                                
     In closing I want to reiterate my support for HB 187                                                                       
     and any efforts that the legislature proposes, or DOC                                                                      
     for that matter, to keep Alaskans in Alaska.                                                                               
                                                                                                                                
     Thank you.                                                                                                                 
                                                                                                                                
3:41:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY asked  that  the request  for  a survey  on                                                               
wages  include   benefits  as   well.     She  referred   to  the                                                               
commissioner's testimony that 51 percent  of the people in Alaska                                                               
facilities are  unsentenced and that  a request was sent  to DOL.                                                               
She asked for more information and possible solutions.                                                                          
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  expressed that the 51  percent statistic                                                               
is  shocking  -  that  is,  half the  prison  population  is  not                                                               
sentenced.   He  suggested  more discussion  in future  committee                                                               
meetings.                                                                                                                       
                                                                                                                                
3:43:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  whether  HB  187  would  limit  the                                                               
state's ability to transport prisoners within the state.                                                                        
                                                                                                                                
CO-CHAIR FIELDS answered no.                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  asked for  a definition  of facility  as it                                                               
relates to public safety and  [Alaska Native] tribes in the rural                                                               
villages.    She  said  that   the  state  often  contracts  with                                                               
municipalities and  other entities for  the use of  their prisons                                                               
to  house   prisoners  before  transporting  them   to  a  better                                                               
facility.   She  asked whether  the  facilities being  used on  a                                                               
temporary basis  would be considered  public and,  therefore, not                                                               
excluded  under HB  187.    She expressed  her  concern that  the                                                               
proposed legislation  considers the tribes,  as they are  under a                                                               
different law jurisdiction.                                                                                                     
                                                                                                                                
CO-CHAIR  FIELDS  replied that  the  intent  clearly was  to  not                                                               
preclude such  arrangements that  exist currently  through public                                                               
entities;  he  expressed  his belief  that  tribes  of  sovereign                                                               
governments would  be considered public.   He offered  to confirm                                                               
this with Legislative Legal Services.                                                                                           
                                                                                                                                
3:45:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  invited staff to  Representative Jackson                                                               
to  discuss  the amendment  that  the  representative wishes  the                                                               
committee to consider.                                                                                                          
                                                                                                                                
ELIJAH  VERHAGEN, Staff,  Representative  Sharon Jackson,  Alaska                                                               
State Legislature, on behalf  of Representative Jackson, reviewed                                                               
the suggested amendment to HB 187, which read:                                                                                  
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Delete "or"                                                                                                       
                                                                                                                                
     Page 2, line 9, following "prisoner":                                                                                      
          Insert "; or                                                                                                      
               (3)  to reduce the cost of housing a                                                                         
     prisoner who is not a resident of the state or who has                                                                 
         been sentenced to a term or aggregate term of                                                                      
     imprisonment of 99 years or more"                                                                                      
                                                                                                                                
     Page 3, line 2:                                                                                                            
          Delete "or"                                                                                                       
                                                                                                                                
     Page 3, line 4, following "considerations":                                                                            
          Insert "; or                                                                                                      
               (C) would reduce the cost of housing a                                                                       
     prisoner who is not a resident of the state or who has                                                                 
         been sentenced to a term or aggregate term of                                                                      
     imprisonment of 99 years or more"                                                                                      
                                                                                                                                
MR.  VERHAGEN  explained  that the  suggested  change  under  the                                                               
amendment  would  add another  exclusion  to  the requirement  to                                                               
house  Alaska prisoners  in  state; that  exclusion  would be  in                                                               
order "to  reduce the  cost of  housing a prisoner  who is  not a                                                               
resident of  the state  or who  has been sentenced  to a  term or                                                               
aggregate term  of imprisonment of 99  years or more".   He added                                                               
that  the  amendment  would  not   require  the  commissioner  to                                                               
transfer the  prisoner out of state,  but it would be  an option.                                                               
He  mentioned that  the  "99 years"  was  offered by  Legislative                                                               
Legal Services;  these are prisoners  who are not likely  to ever                                                               
be released; in Alaska they number 200.                                                                                         
                                                                                                                                
CO-CHAIR KREISS-TOMKINS indicated HB 187 would be held over.                                                                    

Document Name Date/Time Subjects
HJR 15 v. M 1.21.2020.PDF HJUD 2/5/2020 1:45:00 PM
HJUD 2/7/2020 1:45:00 PM
HJUD 2/10/2020 1:00:00 PM
HSTA 1/23/2020 3:00:00 PM
HJR 15
HJR 15 Sponsor Statement 1.21.2020.pdf HJUD 2/5/2020 1:45:00 PM
HJUD 2/7/2020 1:45:00 PM
HJUD 2/10/2020 1:00:00 PM
HSTA 1/23/2020 3:00:00 PM
HJR 15
HJR 15 Sectional Analysis v. M 1.21.2020.pdf HJUD 2/5/2020 1:45:00 PM
HJUD 2/7/2020 1:45:00 PM
HJUD 2/10/2020 1:00:00 PM
HSTA 1/23/2020 3:00:00 PM
HJR 15
HJR 15 Supporting Document - NCSL Table 1.21.2020.pdf HJUD 2/5/2020 1:45:00 PM
HJUD 2/7/2020 1:45:00 PM
HJUD 2/10/2020 1:00:00 PM
HSTA 1/23/2020 3:00:00 PM
HJR 15
HB 187 Ver E 1.22.2020.PDF HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Sponsor Statement ver E 1.22.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Sectional Analysis 1.21.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Supporting Document ACOA 10.17.19 Letter to Governor Dunleavy 1.21.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Supporting Documents 2016 US DOJ Memo Ending Private Prisons 1.22.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Supporting Document-ACOA Private Prisons Book 1.22.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Supporting Document-News Clip-California bans private prisons 1.22.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 Supporting Document-ADN News Clip 1.22.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HJR 15 Presentation 1.21.2020.pdf HSTA 1/23/2020 3:00:00 PM
HJR 15
HB 187 Supporting Document Anchorage Resolution 1.23.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187
HB 187 PPT 1.22.2020.pdf HSTA 1/23/2020 3:00:00 PM
HB 187