Chapter 3.30
CORRECTIONAL FACILITIES
Sections:
3.30.010 Operation without permit prohibited.
3.30.020 Application for permit.
3.30.030 Procedure for consideration of application for permit.
3.30.040 Standards for issuance of permit.
3.30.060 Revocation of permit.
3.30.066 Procedure for consideration of application for transfer of permit.
3.30.010 Operation without permit prohibited.
No private person shall own or operate a correctional facility within the city without first having obtained from the city a correctional facility permit. (Ord. O-98-11-2 § 2 (part), 1997)
3.30.020 Application for permit.
Each applicant for a correctional facility permit shall comply with the following conditions:
(a) The applicant shall submit a request for issuance of a permit to the city clerk. Said request must contain at a minimum the following information:
(1) Name of each and every person that has or will have an ownership interest in the correctional facility.
(2) Name of the proposed operator of the correctional facility (if different from the owner), and the name of each person that has or will have an ownership interest in the entity proposed to operate the correctional facility.
(3) Names of three persons who may be contacted for references.
(4) A list of all other correctional facilities owned or operated, in whole or in part, by any person listed in response to subsections (a)(1) and (2) of this section and the dates those facilities have been operational.
(5) Copies of the two most recent state of Alaska inspections, (if applicable), for each of the facilities identified in subsection (a)(4) of this section.
(6) Information regarding the numbers of unauthorized absences from each of the correctional facilities identified in subsection (a)(4) of this section, together with information concerning the crimes committed, if any, by persons who left the correctional facility without authorization.
(7) Information regarding the frequency of criminal violations by prisoners incarcerated in the correctional facilities identified in subsection (a)(4) of this section during the time of their incarceration.
(8) A narrative section that describes the proposed location of the correctional facility, the maximum number of persons proposed to be incarcerated in the correctional facility, all renovations planned to the building (if the correctional facility will make use of an existing building), the security plan for operation of the correctional facility, the times prisoners will be allowed to leave the correctional facility, how prisoners will be transported between the correctional facility and locations where they may be working or performing community service, the numbers of persons that will be employed to operate the facility, and the types of prisoners that are likely to be placed in the facility.
(9) A statement that the applicant is familiar with and will comply with all standards of the state of Alaska Department of Corrections applicable to the facility.
(10) A statement that the operator agrees to have the facility and program accredited by American Corrections Association within one year of opening, and if not so obtained, operator agrees to immediately discontinue operations.
(11) An agreement by applicant that they will not take for placement any untreated sex offenders, except for those released untreated sex offenders considered “in transit” may be temporarily placed in the correctional facility due to inclement weather or flight schedules which prohibit the same day transfer of offender.
(b) Each application must be accompanied by a nonrefundable application fee of one hundred dollars. (Ord. O-00-7-F § 2 (part), 2000; Ord. O-98-11-2 § 2 (part), 1997)
3.30.030 Procedure for consideration of application for permit.
(a) Upon receipt of an application for a permit meeting the minimum requirements of Section 3.30.020, the city clerk shall schedule the permit application request for a public hearing before the city council. This hearing shall be scheduled no sooner than fourteen, and no later than thirty, calendar days after the date the application is received.
(b) No later than thirty days following the closing of the public hearing the city council shall decide whether to approve the permit application. (Ord. O-98-11-2 § 2 (part), 1997)
3.30.040 Standards for issuance of permit.
(a) The city council may issue a correctional facility permit if; after consideration of the information contained in the permit application and any additional information provided at or following the public hearing, the council finds that issuance of a correctional facility permit is in the best interest of the residents of the city of Nome. In making this determination the city council shall consider the following factors:
(1) The need for a correctional facility in Nome.
(2) Whether the correctional facility is likely to house prisoners from the Seward Peninsula.
(3) The qualifications, past experience, references and security references and security record of the applicant.
(4) Whether the proposed location of the correctional facility raises any safety concerns.
(5) Whether the proposed security plan provides sufficient safety for members of the public.
(b) The city council may approve the permit application, disapprove the permit application, or approve the permit application subject to such conditions as the Council feels are in the best interests of the residents of the city of Nome.
(c) The term of an initial permit for a correctional facility shall be three years. (Ord. O-98-11-2 § 2 (part), 1997)
3.30.050 Renewal of permit.
(a) A permittee who wishes to renew their permit shall submit a written request for renewal no later than sixty days prior to the expiration date of the permit. A request to renew a permit shall contain the following information regarding the permittee’s previous operations in the city:
(1) Total number of prisoners housed.
(2) Current number of prisoners housed.
(3) Number of prisoners housed whose primary place of residence prior to incarceration was located on the Seward Peninsula.
(4) Number of persons who have left the correctional facility without authorization since the date the previous permit was issued, together with the number and type of crimes committed by such persons while absent without permission from the correctional facility.
(5) Any changes to the security plan for the facility that have been made since the date the previous permit was issued.
(b) The city council shall hold a public hearing on the request for renewal and apply the same standards to said request as apply to the issuance of an original permit. The city council may either approve, deny, or approve subject to specified conditions, any request for renewal of a correctional facilities permit.
(c) The term of a renewed permit shall be for three years. (Ord. O-98-11-2 § 2 (part), 1997)
3.30.060 Revocation of permit.
The city may revoke any correctional facility permit after a hearing held before the city manager, and a finding made by such city manager that the permittee made willful, false statements when applying for the correctional facility permit. The city may revoke any correctional facility permit after a hearing held before the city manager, and a finding made by such city manager that the permittee, after having received a notice of noncompliance from the city and been given thirty days to cure any violation of the terms of the permit, remains in violation of any of the terms of the permit. (Ord. O-98-11-2 § 2 (part), 1997)
3.30.065 Transfer of permit.
The permittee may transfer any previously issued permit after first having received the approval of the city for the transfer of the permit. A request for approval of a proposed transfer shall be made to the city clerk. Said request must contain the following information:
(a) Name of person to whom the permit is to be transferred.
(b) Names of three persons who may be contacted for references regarding the person to whom the permit is to be transferred.
(c) A statement as to whether the persons responsible for the day-to-day operation of the correctional facility will change from those identified in the existing permit.
(d) If the persons responsible for the day-to-day operation of the correctional facility will change following transfer, the request for transfer shall also contain the information required by subsections § 3.30.020 D, E, F and G.
(e) A statement that the person to whom the permit is to be transferred is familiar with and will comply with all standards of the State of Alaska Department of Corrections applicable to the facility.
(f) A statement confirming operations will be conditional at the same site at which the permit was initially issued. (Ord. O-99-9-6 § 1 (part), 1998)
3.30.066 Procedure for consideration of application for transfer of permit.
An application for transfer of a correctional facilities permit shall be considered following the procedure set forth in Section 3.30.030. (Ord. O-99-9-6 § 1 (part), 1998)
3.30.070 Appeal.
(a) In making its decision whether to issue or renew or approve the transfer of a correctional facility permit under the provisions of this chapter, the city council shall set forth the reasons for their decision either orally at the time the vote on the matter is taken, or in writing. Thereupon, any person aggrieved by said decision may, by notice in writing given to the city clerk within thirty days of the date of said decision, appeal the decision of the city council to the Superior Court.
(b) In making a decision whether to revoke a correctional facility permit under the provisions of this chapter the city manager shall set forth the reasons for the decision in writing no later than ten days from the date of the hearing and shall provide the permittee a copy thereof. A permittee whose permit is revoked pursuant to findings made by the city manager may, by notice in writing given to the city clerk within five working days after receiving notice of said revocation, appeal the decision of the city manager to the city council.
(c) The city council shall hold a hearing on the appeal. The permittee may be represented by counsel and may introduce written or oral evidence to contradict the decision of the city manager. The city manager may submit written or oral evidence to support the decision. If the city council shall overrule the decision of the city manager, the correctional facility permit shall be reinstated. In no appeal is taken, or if the decision of the city manager is sustained, the revocation shall stand subject to appeal to the Superior Court. (Ord. O-99-9-6 § 2, 1998; Ord. O-98-11-2 § 2 (part), 1997)
3.30.080 Definitions.
“Correctional facility” means any prison, jail, camp, farm, group home, halfway house, correctional restitution center (as described in AS 37.30.51), or community center facility, designed or intended for the custody, care, treatment or discipline of persons held under authority of state law for detention as defined in AS 11.81.090(b).
“In transit” means temporary placement of untreated sex offenders for less than five days and is reserved to the released offenders in Nome due to inclement weather or flight schedules. (Ord. O-00-7-F § 2 (part), 2000: Ord. O-98-11-2 § 2 (part), 1997)