SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE February 27, 1998 9:02 a.m. MEMBERS PRESENT Senator Gary Wilken, Chairman Senator Loren Leman, Vice-Chairman Senator Lyda Green Senator Jerry Ward Senator Johnny Ellis MEMBERS ABSENT None COMMITTEE CALENDAR SENATE BILL NO. 246 "An Act amending the definition of correctional facility to include a therapeutic treatment center; providing for the conveyance of the Harborview Developmental Center and appurtenant land to the City of Valdez for the purpose of conversion and lease of a part of the center for a therapeutic treatment center for the Department of Corrections; providing that such a land conveyance counts toward the general grant land entitlement of the City of Valdez; and providing for an effective date." HEARD AND HELD PREVIOUS SENATE COMMITTEE ACTION SB 246 - See Senate Community & Regional Affairs minutes dated 2/2/98. WITNESS REGISTER Betsy Robson, Assistant Director Division of Institutions Department of Corrections 4500 Diplomacy Dr., Suite 207 Anchorage, Alaska 99508-5918 POSITION STATEMENT: Supports SB 246 Dugan Petty, Director Division of General Services Department of Administration P.O. Box 110210 Juneau, Alaska 00911-0210 POSITION STATEMENT: Supports SB 246 Larry Streiber, Director Division of Administrative Services Department of Health & Social Services P.O. Box 110607 Juneau, Alaska 99811-0607 POSITION STATEMENT: Supports SB 246 David Dengel City Manager P.O. Box 307 Valdez, Alaska 99686 POSITION STATEMENT: Supports SB 246 ACTION NARRATIVE TAPE 98-18, SIDE A Number 001 CHAIRMAN WILKEN called the Senate Health, Education and Social Services (HESS) Committee to order at 9:02 a.m. Present were Senators Ward, Wilken, and Green. CHAIRMAN WILKEN announced the Valdez and Fairbanks teleconference sites were on line and that SB 246 was the only item on the agenda. SB 246 - HARBORVIEW DEVELOPMENTAL CENTER REPRESENTATIVE GENE KUBINA, Valdez, joined committee members at the table. BETSY ROBSON, Assistant Director of the Division of Institutions, Department of Corrections (DOC), gave the following testimony. DOC is very excited about the implications of SB 246. The first section of SB 246 allows DOC's Commissioner the authority to establish a therapeutic community for incarcerated offenders, specifically those offenders with serious drug problems. DOC currently provides substance abuse counseling in the form of education classes, pretreatment sessions and an outpatient mode of treatment. The addition of this 60 bed therapeutic community will allow DOC to provide a full continuum of treatment to offenders. Similar programs in other states have shown that this type of counseling can interrupt the criminal cycle of participants, and can impact recidivism rates. CHAIRMAN WILKEN noted committee members received a copy of the Research Summary by Research Roundup, as well as other information from Ms. Robson. MS. ROBSON stated the first page of Research Summary provides a graphic picture of how therapy can impact offenders and recidivism. The following two pages contain four bar charts that demonstrate the effectiveness of treatment. She stated when she last testified on this bill before a legislative committee, concern was expressed about the limited amount of research this project was based on, so she has provided three studies conducted over longer periods of time; an 11 year study, a five year study, and a three year study. All three studies show positive results. One of the things that will make this therapeutic community unique is the fact that DOC will be exploring the addition of cultural relevancy to this type of treatment. Cultural relevancy has been applied in substance abuse counseling on a limited basis and has been very effective. DOC received $50,000 last year to address this issue and plans to use those funds to begin training substance abuse counselors working with the prison population. MS. ROBSON informed committee members Dugan Petty could speak to the issues surrounding the conveyance of the state facility. Number 099 DUGAN PETTY, Director of the Division of General Services, Department of Administration (DOA), made the following comments. DOA, DHSS and DOC have been negotiating with the City of Valdez about the transfer of the Harborview Developmental Center. DOA screened other state agencies to find out if any have a further use for the facility and none do. The facility is currently housing the Valdez hospital. The Harborview Developmental Center is the first state facility of its size to be decommissioned so DOA has taken a careful approach. DOC is in the process of negotiating architectural and engineering work, as well as modifications that will be completed with funds appropriated by the Legislature last year. DOA supports SB 246 and believes it is important to responsibly decommission the facility, otherwise it will have to manage a "mothballed" facility and eventually dispose of the property. LARRY STREIBER, Division of Administrative Services, Department of Health and Social Services (DHSS), explained three years ago the decision was made to close Harborview, a state institution for the developmentally disabled. Residents were moved out into community settings. The Harborview facility is an asset so to protect it, DHSS implemented an asset protection plan. DHSS divided the operation of the building up into logical units, reduced the energy requirements necessary to keep the building functioning but not operating at full capacity, and retained one maintenance person. Additionally, the Valdez Community Hospital continues to occupy a portion of that facility. If the facility is not transferred to the City of Valdez, the building will remain a state responsibility that DHSS estimates will cost $260,000 per year to maintain in the asset protection mode. DHSS strongly supports SB 246. CHAIRMAN WILKEN noted Senator Leman joined the committee. Number 186 DAVE DENGEL, manager of the City of Valdez, made the following statements via teleconference. Approximately three years ago when it became evident that Harborview Development Center was going to close, the City of Valdez formed a task force to look for alternative uses of the facility. The community hospital is an integral part of the Harborview facility therefore it was very important that alternative uses of the facility be found so the hospital could continue to operate. The task force identified several potential uses and through the process of elimination decided the best use to be a drug and alcohol treatment center. The City of Valdez has been working with DOC for the last year to fine tune this project and is very supportive of DOC's efforts to develop its therapeutic treatment program. The therapeutic treatment center concept provides the best fit for the facility, community, and the state. The treatment facility will create approximately 40 new jobs and will enable the community hospital to continue to operate. It will also provide additional revenue sources for the hospital. The Valdez City Council recently approved an interim agreement with the state to begin the transfer of the facility to the City. The City will lease a portion of the facility back to DOC for the space it needs to operate the treatment center. The City will also work indirectly to provide dietary, medical, and other needs for the inmates. He thanked Commissioner Pugh and her staff, as well as other state agency staff, who worked with the City to identify alternative uses for this facility. He stated this project is truly a partnership between the City and the State. He encourage the committee to move SB 246 forward. Number 218 SENATOR WARD indicated he highlighted parts of the Court Monitor's Report and asked Ms. Robson to respond to the highlighted sections. He maintained that he voted for Harborview last year and supports the concept, but questioned how this will fit in with a total Corrections' package. MS. ROBSON noted Senator Ward handed her a copy of the court monitor's report addressed to Assistant Attorney General John Bodick from John Hagar, Compliance Monitor. The highlighted section at the bottom of page 2 refers to meetings that occurred with the Population Group regarding the Valdez project. She thought there may have been a misunderstanding in the way this discussion was presented. She indicated she met with the Population Group and informed it that DOC was considering a 60 bed center. The possibility of increasing the number of beds was discussed but was not feasible for a number of reasons. She noted on page three, Mr. Hagar makes reference to the treatment facility as not being a short term solution for population management, nor would it be a long term solution because DOC will have to renovate the facility before it can house inmates there. DOC will also have to hire staff and have its treatment component on-line. SENATOR WARD asked Ms. Robson to address his concern on the following page. MS. ROBSON said a section on the third page states that some efforts, which were advertised as having an impact on crowding, i.e. Valdez and the Criminal Justice Assessment Commission, have not demonstrated the ability to reduce the hard beds at any time in the foreseeable future. She supposed Mr. Hagar was looking at the short term which will not come on line tomorrow because of the reasons she previously mentioned, but the project will have an impact on the Corrections' population because it will provide an additional 60 beds. CHAIRMAN WILKEN asked if SB 246 fits into a bigger plan for DOC. SENATOR WARD said he does not know that this does not fit into a bigger plan but he requested the committee hold the bill until the following week so that he could review that question. Number 287 REPRESENTATIVE KUBINA maintained that Harborview is a highly underutilized facility and that SB 246 is the result of a long process. He explained DHSS wanted to get out of housing the developmentally disabled population in the way it has in the past. DOC is a growth industry and as a court order indicates, prison overcrowding must be addressed. DOC has made it clear it does not want to use the entire facility because to be effective, a "therapeutic community" must be kept small. Two years ago the Legislature appropriated $250,000 to determine the best use of the facility. Last year, the budget contained $400,000 for the Harborview facility if certain stipulations were met. One stipulation was that the cost come in by DOC within the statewide average of Corrections' facilities. SB 246 has met that stipulation. The City of Valdez is prepared to spend $1 million over and above the legislative appropriation to do the capital reconstruction necessary to house prisoners but it does not want to spend any money until it is assured the project has legislative support. DOC indicated it would be ready to start the program October 1, contingent upon the facility's readiness. REPRESENTATIVE KUBINA noted that regarding DOC's long term plan, it has no real program for drug and alcohol rehabilitation. Everyone agrees this program is necessary so the question was will Harborview serve the purpose at a reasonable cost. Money has already been spent on this project and funds are included in the Governor's operating budget for it. A separate bill was drafted for this project because DOC wanted to get the project going as soon as possible and because the definition of "correctional facility" needed to be changed to include a therapeutic treatment center." REPRESENTATIVE KUBINA cautioned committee members that if that facility is left vacant, the operating costs to heat the building will remain, and the Valdez hospital will not be able to continue to function. Number 350 SENATOR LINCOLN remarked that to answer Senator Ward's question about how this project fits into the overall DOC plan, this facility will provide over 50 beds and over 90 percent of offenses are alcohol or drug related. Many prisoners are not treated for drug and alcohol problems and the recidivism rate is high. Placing prisoners in the Valdez facility will free up beds in other institutions. She noted on Monday, pending referral of SB 246 to the Senate Finance Committee, experts on the therapeutic community will be testifying before that committee. She repeated this program will tie into the overall plan by increasing the number of beds in the system, and breaking the cycle of recidivism. SENATOR WARD informed committee members that as Chair of the Finance subcommittee on the Department of Corrections, he has had a lot of contact with DOC staff on this issue. He stated the people of Valdez have gone above and beyond to participate in this project. There is no state match for this project. He repeated that he supports the concept but is not prepared to act on this legislation until he can piece it together with the total DOC financial package. He repeated his request that the committee hold the bill until Wednesday, March 4. He noted he is aware the City of Valdez needs direction from the Legislature as early as possible. Number 433 CHAIRMAN WILKEN stated he understands the time constraints on this bill, so will tentatively schedule the bill on Wednesday or the following Monday. SENATOR GREEN questioned the explanation on the fiscal note that says all funds necessary to complete improvements are with either the City of Valdez or the Department of Corrections. REPRESENTATIVE KUBINA explained the Legislature appropriated $250,000 to the City of Valdez two years ago and $400,000 to the Department of Corrections last year for engineering work. The City of Valdez plans to contribute $1 million for renovation. SENATOR GREEN questioned whether those funds have already been used. REPRESENTATIVE KUBINA said he thought the $250,000 has been obligated. SENATOR WARD explained the City of Valdez voluntarily chose to use its money on this project. SENATOR GREEN questioned which appropriations the language on page 2, line 12 refers to. REPRESENTATIVE KUBINA clarified that refers to the money already appropriated that he just spoke about. SENATOR GREEN questioned whether SB 246 is reliant upon a major appropriation this year. REPRESENTATIVE KUBINA said not for the construction part. SENATOR GREEN questioned whether there are other facilities in the state that are stand alone, meaning the only type of prisoners housed in that facility are undergoing specialized treatment. MS. ROBSON responded the female population from the Meadow Creek facility was transferred into the Highland Mountain facility because the counts had become so large. The sex offender program was moved from the Highland Mountain program to Meadow Creek. Meadow Creek is not entirely a stand alone program for sex offenders; it is reliant upon some of the general core services provided at Highland Mountain. SENATOR GREEN questioned whether that is a preferred method. MS. ROBSON replied isolating populations is preferable when cases require 24 hour per day treatment. These prisoners are not only dealing with issues of addiction, but also with issues of criminal behavior. When this population is mixed with the general prison population, the effects of treatment are diluted and the mix can be counterproductive. SENATOR GREEN asked whether the location of the Valdez facility, and the resulting transportation costs, will deter a judge from ordering prisoners to it. MS. ROBSON said she did not think so because courts might order specific treatments for criminals entering the prison system but DOC decides where the prisoner will be placed. SENATOR GREEN asked if placement is made by an internal decision rather than by the court. MS. ROBSON replied both could occur. The court could order an individual to engage in treatment. DOC would then evaluate that individual and determine what level of treatment he/she needs and where the treatment should take place. There being no further business to come before the committee, CHAIRMAN WILKEN adjourned the meeting at 9:40 a.m.