HB 137 An Act making supplemental appropriations for operating expenses of state government for fiscal year 1995; and providing for an effective date. HB 137 was HELD in Committee for further discussion. HOUSE BILL 137 "An Act making supplemental appropriations for operating expenses of state government for fiscal year 1995; and providing for an effective date." DEPARTMENT OF CORRECTIONS MARGARET PUGH, COMMISSIONER, DEPARTMENT OF CORRECTIONS, 1 explained the supplemental budget request for Out-of-State Contract Beds in the amount of $2.3 million dollars. She continued, in order to reduce prisoner populations throughout institutions across the State, the Department has entered into a professional services agreement, which will move 206 prisoners to out-of-state prison beds. Action has been undertaken in order to stop the court contempt sanctions from accruing at a rate of approximately $5,500 per day. The costs of the beds are $50 dollars per day. She added that the request was necessary in order to maintain acceptable service levels in non-safety areas. The State of Alaska has contracted 206 beds to the Arizona facility. This cost reflects the fixed contract as signed. Representative Parnell asked if the cost included inmates health care. Commissioner Pugh stated that it would cover day-to-day medical costs and added it would not be a savings in health care spending when sending the prisoners out of state. Prisoners with on going health needs were screened out from those sent out of state. Commissioner Pugh noted that the State has the flexibility to send up to a total of 250 prisoners to Arizona within the contract. Representative Martin asked if only the long term prisoners were being sent out of state. Commissioner Pugh responded, the basic criteria used to identify those inmates to send were the ones furthest from possible release into the communities and with at least seven years left to serve. The cost of the contract does not include medical treatment or transportation costs. Co-Chair Hanley asked if the cost charged to Alaska per prisoner per day included the out-of-state debt service charge. Commissioner Pugh offered to provide that information to the Committee at a later date. Co-Chair Hanley questioned the increased gratuity request in the amount of $72.5 thousand dollars. Commissioner Pugh advised that the number of inmates has grown at a rate of 200 per year. The amount budgeted last year for gratuities was based on 200 less people than are currently in the system. Co-Chair Hanley provided the Committee with handouts. [Attachments #1 & #2]. He asked the Department for an explanation of Attachment #1, the inmate population history. Commissioner Pugh voiced the need for an additional $3.1 million dollar request for institutions statewide. While the Department recognizes that State resources are declining, reality dictates that funding for adequate 2 staffing must be available in order to ensure that a safe and effective operation is maintained at all times. She stressed that the request adds only enough personal service funding to provide stabilization of the existing personnel staffing levels within the institutions to reduce the level of risk to staff and prisoners alike. Due to depleted stocks resulting from the sustaining of previous budget reductions, facilities are not able to cover the support costs of the increased prisoner populations. Co-Chair Hanley interjected that in order to determine the level of funding, more information should be provided to the Committee by the Department. Commissioner Pugh explained that the prisons are currently at 99% of emergency capacity which is well over operating capacity. She emphasized that this is a supplemental need this year and that in summer months prison loads increase above the current growth rate. Co-Chair Hanley reiterated that this request has resulted from an administrative policy call. Commissioner Pugh responded to a question by Representative Brown regarding the reduction levels provided in FY95 budget. She noted that the positions authorized to be cut were not cut, and that, consequently, drove the need for the current supplemental request. The last Administration began a pattern of spending above authorization levels. Representative Therriault stated that if the Department of Correction's budget was fully funded last year, it would be less than the requested supplemental. Commissioner Pugh stated that overcrowding combined with a more violent inmate population, resulting from diversion of low risk inmate community settings has resulted in an 84% increase in the assaults on correctional staff. Representative Therriault referenced Attachment #2, the Fairbanks Correctional Center (FCC) component being far less than other facilities operational costs. Commissioner Pugh offered to research that component and then provide further information to the Committee. Commissioner Pugh explained the Inmate Health Care component request in the amount of $2.1 million dollars. She noted that the incredibly high expenditures are due to inmates who have required extended ICU stays and surgeries due to HIV related illnesses, osteomyelitis, heart disease (three different inmates with serious heart problem requiring surgery and hospitalization, cancer, a pancreatic blockage, and septicemia). Additionally, there have been visits to the emergency room and hospital stays for lesser illnesses. 3 Commissioner Pugh presented the Sixth Avenue Correctional Center administrative position increment request in the amount of $51.9 thousand dollars. She pointed out that as the prisoner population increases at the Sixth Avenue Correctional Center, more and more emphasis must be placed on safety staffing needs within the Institutions. Correctional officers are currently performing full-time clerical and computer oriented duties. (Tape Change, HFC 95-19, Side 2). Commissioner Pugh interjected these functions must be performed by less costly and appropriately classified administrative clerks to free up the correctional officers to provide safety and security at the facility. The request would fund three Administrative Clerk II positions for the remainder of FY95. The following increment in the supplemental request for the Department was in the amount of $928.9 thousand dollars for bed increases at Spring Creek and Wildwood Correctional Center (C.C.). In order to utilize every available institutional bed, the FY95 budget request funding to increase the Spring Creek Correctional Center by fifty beds and to upscale Wildwood C.C. to full capacity by bringing on line the fifty-nine available beds in that facility. Although funding was rejected, the over population crisis has required that these beds be brought on line. The request would provide the funding necessary to support the costs associated with the additional staff and programs allowing the Department to legally add these beds to the correctional system. Co-Chair Hanley questioned the decisions between double bunking or triple bunking a facility. Commissioner Pugh responded the difference result from the square footage size of the cells. Wildwood C.C. was originally a military institution; the rooms now used for housing of inmates are larger than the cells constructed at Spring Creek and would meet the square footage requirement for three bunks. Co-Chair Hanley asked about additional employees being hired at the Wildwood C.C. Commissioner Pugh stated that past downsizing of Wildwood has made the supplemental request necessary in order that facility could work at full capacity. She added that it was her understanding that there was no duplication within the Department's supplemental requests. Co-Chair Hanley stressed that the way the supplemental requests had been written, it appeared there was overlap in 4 requests. Representative Therriault asked if the square footage allocation per prisoner had been determined by the Cleary case. Commissioner Pugh stated that they had been and they mirrored the standards established by the American Correctional Association (ACA). Representative Therriault asked if those standards were tied to the number of staff recommended. Commissioner Pugh indicted that staffing considerations are determined by the number of prisoners, the functioning of cameras and other electronic surveillance equipment, the number of constraints or barriers constructed and the layout of the facility. Co-Chair Hanley asked if the Alaskan facilities are over or under the staffing needed in order to be a safe environment. Commissioner Pugh commented that the National Security Consultant has recommended more staff than currently used. Commissioner Pugh continued explaining the next supplemental increment request in the amount of $1.47 million dollars for Community Residential Treatment Beds. She pointed out that the FY95 operating budget included funding for 412 CRC beds. To reduce overcrowding, classification criteria changes were implemented in FY95. The change required an increase in CRC beds in order to accommodate increased placements. The Department contracted for 567 CRC beds. In order to maintain the higher level of beds for the remainder of FY95, supplemental funding is required. Representative Mulder pointed out concerns regarding the standards used in determination of CRC beds in the Anchorage area. Commissioner Pugh noted that the costs for a CRC bed per day varied between $37/$70 dollars per day. The average cost is $42 dollars per day. BOB COLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF CORRECTIONS, pointed out that there has been a dispute of the average daily cost of the CRC beds. He noted that the Department is currently using the formula provided by the Legislative Finance Division to determine those costs and will provide the average cost information to the Committee at a later date. Continuing, Commissioner Pugh explained the supplemental request in the amount of $31.8 thousand dollars for the Southeast Region Probation. The Southeast Region Probation component is currently unable to conduct field visits to the smaller towns and communities under its supervision. In addition, management cannot audit district probation officer and the staff cannot meet the Alaska Police Standards Council training requirements, potentially subjecting the State and the Department to substantial liability. She stressed that all these needs are not enhancements to services but are basic needs which were not funded in the 5 FY95 operating authorization. Commissioner Pugh spoke to the supplemental request of $362.5 thousand dollars for the Point MacKenzie Rehabilitation Program; the program has been in existence for just over a year and has an operational presence on two farms. There is housing for ninety-two prisoners but staffing and fiscal support to maintain the safety and security of prisoners at that level is not available. The supplemental request would provide the additional funding support required by the reclassification of LTC positions to Correctional Officers, fund the six correctional officer positions which were transferred without funding from Wildwood Correctional Center and enhance the fiscal resources needed to feed, clothe, and provide gratuities for prisoners. Commissioner Pugh completed the supplemental overview for the Department of Corrections. DEPARTMENT OF REVENUE ROBERT BARATKO, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF REVENUE, provided a letter from Nancy Slagle, Director, Office of Management and Budget, indicating a change to Section 2 amended from $711,100 to $313,300 dollars. [Attachment #3]. The change would reflect the most pressing start-up costs for the Mental Health Trust Authority. Mr. Baratko provided the Committee with an additional handout. [Attachment #4]. He pointed out an additional reduction in the amount of $15,000 dollars; the total request for that portion of the supplemental would now be $298,300 dollars. Co-Chair Hanley remarked that the statute indicated that executive director position would be paid at least at a range #26 although had been budgeted at a range #29. Mr. Baratko responded that the range would be dependant on the experience of that person. Co-Chair Hanley supported the Executive Director position being hired at a range #26 with the extra funds spent on services. Representative Brown observed that the request for equipment had not been reduced following past Committee recommendations. Mr. Baratko responded that a "rule of thumb" had been applied; as a cubby is established in a pre- established work environment, one should budget $6.5 thousand dollars per work space. This was the planning guideline used to determine that request. Mr. Baratko concluded the supplemental overview request for the Alaska Mental Health Trust Authority for the Department 6 of Revenue.