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)
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)
(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)
(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)
(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)
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)
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)
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)
(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)
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).
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)