Bill Summary – FastDemocracy

31-LS1360\M
                                           SENATE BILL NO. 138
                          IN THE LEGISLATURE OF THE STATE OF ALASKA
                          THIRTY-FIRST LEGISLATURE - SECOND SESSION
     BY SENATOR GRAY-JACKSON
     Introduced: 1/21/20
     Referred: State Affairs, Judiciary
                                                 A BILL
                                          FOR AN ACT ENTITLED
 "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."
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
   * Section 1. AS 33.30.031(a) is amended to read:
                  (a) The commissioner shall determine the availability of state correctional
         facilities suitable for the detention and confinement of persons held under authority of
         state law or under agreement entered into under (e) of this section. If the commissioner
         determines that suitable state correctional facilities are not available, the commissioner
         may enter into an agreement with a public or private agency to provide necessary
         facilities. The commissioner may not enter into an agreement with an agency
         unable to provide a degree of custody, care, and discipline similar to that
         required by the laws of this state. Correctional facilities provided through agreement
         with a public or private agency for the detention and confinement of persons held
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          under authority of state law must [MAY] be located in this state [OR IN ANOTHER
          STATE. CORRECTIONAL FACILITIES PROVIDED THROUGH AGREEMENT
          WITH A PRIVATE AGENCY MUST BE LOCATED IN THIS STATE] unless the
          commissioner finds in writing that [(1) THERE IS NO OTHER REASONABLE
          ALTERNATIVE FOR DETENTION IN THE STATE; AND (2) THE] agreement
          with an agency outside the state is necessary
                          (1) to locate a particular prisoner closer to family; or
                          (2) because of health [OR SECURITY] considerations involving a
          particular prisoner [OR CLASS OF PRISONERS, OR BECAUSE AN EMERGENCY
          OF PRISONER OVERCROWDING IS IMMINENT. THE COMMISSIONER MAY
          NOT ENTER INTO AN AGREEMENT WITH AN AGENCY UNABLE TO
          PROVIDE A DEGREE OF CUSTODY, CARE, AND DISCIPLINE SIMILAR TO
          THAT REQUIRED BY THE LAWS OF THIS STATE].
  * Sec. 2. AS 33.30.031(c) is amended to read:
                 (c) The commissioner may not enter into an agreement with a private
          agency to establish, maintain, operate, control, or provide necessary facilities
          located in this state. Notwithstanding AS 36.30.300, an agreement with a private
          agency to provide necessary facilities outside the state under (a) of this section must
          be based on competitive bids.
  * Sec. 3. AS 33.30.061(a) is amended to read:
                 (a) The commissioner shall designate the correctional facility to which a
          prisoner is to be committed to serve a term of imprisonment or period of temporary
          commitment. The commissioner may designate a facility without regard to whether it
          is maintained by the state or [,] is located within the judicial district in which the
          prisoner was convicted [, OR IS LOCATED IN THE STATE].
  * Sec. 4. AS 33.30.061(b) is amended to read:
                 (b) The commissioner may designate an out-of-state facility under this section
          only if the commissioner determines that
                          (1) rehabilitation or treatment of the prisoner will not be substantially
          impaired; and
                          (2) placement in an out-of-state facility
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                                 (A) would allow a prisoner to serve the prisoner's term of
                 imprisonment closer to family; or
                                 (B)      is   required   because   of   a   prisoner's   health
                 considerations.
   * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to
 read:
         APPLICABILITY. AS 33.30.031(a), as amended by sec. 1 of this Act,
 AS 33.30.031(c), as amended by sec. 2 of this Act, AS 33.30.061(a), as amended by sec. 3 of
 this Act, and AS 33.30.061(b), as amended by sec. 4 of this Act, apply to contracts entered
 into on or after the effective date of this Act.
   * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).
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Statutes affected: 
SB0138A, AM SB 138, introduced 01/21/2020: 33.30.031, 36.30.300, 33.30.061