Juneau -- The Alaska House of Representatives Friday passed House Bill 214. Modeled after successful federal legislation, HB 214 mandates that court decisions affecting Alaska's prison system be as direct and unobtrusive as possible regarding the overall operations of the prison system. HB 214 passed 31-5.

"As our laws are now written, judges are permitted to make broad sweeping requirements of the entire prison system in order to resolve specifically identified, non-systemic problems," said Representative Eldon Mulder (R-Anchorage), sponsor of HB 214. "HB 214 requires court orders and consent decrees to be limited in scope to the specific problems or issues in the original complaint. It also requires the court to consider the overall effect of its decisions on the management of, and fiscal impact on, the Department of Corrections.

"The bill also enforces the clear Constitutional statement that the Legislature has the exclusive right to appropriate," Mulder said. "Recent court orders and consent decrees requiring certain levels of funding or services are in direct conflict with the Legislature's exclusive appropriation powers."

House Bill 214 protects the Judiciary's ability to ensure that the constitutional rights of prisoners are protected while also recognizing the constitutional separation of powers and duties which allow the State to effectively carry out its duties.

HB 214 now moves to the Senate.

Broadcasters note: Audio comments are available on the Majority Actuality line, 1-800-478-6540
= Eldon Mulder, 78 K