Alaska Statutes
Alaska Stat. § 33.30.031 (2026)
Contracts for confinement and care of prisoners
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 33.30.031. Contracts for confinement and care of prisoners.
(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. Correctional facilities provided through agreement with a public agency for the detention and confinement of persons held under authority of state law may be 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 is necessary 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.
(b) [Repealed, § 37 ch 2 FSSLA 1992.]
(c) Notwithstanding AS 36.30.300, an agreement with a private agency to provide necessary facilities under (a) of this section must be based on competitive bids.
(d) A person employed outside the facility while confined in a privately operated correctional facility established under (a) of this section is subject to the provisions of AS 33.30.131.
(e) The commissioner may enter into an agreement with the United States, another state, a municipality of this state, or another state agency, to provide a correctional facility for the custody, care, and discipline of a person held under authority of the law of that jurisdiction.
(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. Correctional facilities provided through agreement with a public agency for the detention and confinement of persons held under authority of state law may be 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 is necessary 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.
(b) [Repealed, § 37 ch 2 FSSLA 1992.]
(c) Notwithstanding AS 36.30.300, an agreement with a private agency to provide necessary facilities under (a) of this section must be based on competitive bids.
(d) A person employed outside the facility while confined in a privately operated correctional facility established under (a) of this section is subject to the provisions of AS 33.30.131.
(e) The commissioner may enter into an agreement with the United States, another state, a municipality of this state, or another state agency, to provide a correctional facility for the custody, care, and discipline of a person held under authority of the law of that jurisdiction.
Notes of Decisions
Cited in 7
cases, 2001–2017 · leading case: Alaska Legislative Council v. Knowles, 21 P.3d 367 (Alaska 2001).
Alaska Legislative Council v. Knowles, 21 P.3d 367 (Alaska 2001). “The court says there is no confinement clause violation because, while AS 33.30.031 authorizes the commissioner to contract with municipalities, "it does not require the commissioner to put municipalities on footing equal with private enterprise as potential providers of new CRC…”
Hertz v. State, 22 P.3d 895 (Alaska Ct. App. 2001). “43 Because the legislature has tailored AS 33.30.031 to address specific health, safety and emergency overcrowding issues, and because DOC has retained ultimate authority over prisoner discipline and the award and forfeiture of good time, we conclude that the delegation of the…”
City of Kotzebue v. State, Dep't of Corr., 166 P.3d 37 (Alaska 2007). “29 But the commissioner's power to enter into contracts for confinement and care of prisoners-a power established under AS 33.30.031 30 -is not necessarily coextensive with the commissioner's authority to designate "suitable" placements "for the custody, care, and discipline of…”
Smith v. Cleary, 24 P.3d 1245 (Alaska 2001). “See Former AS 33.30.031 (1990) (prohibiting the use of private contract prison facilities).”
Rae v. State, Dep't of Corr., 407 P.3d 474 (Alaska 2017). “021 (authorizing DOC to adopt regulations); AS 33.30.031 (authorizing DOC to delegate to.”
State v. Bourdon, 193 P.3d 1209 (Alaska Ct. App. 2008). “Moreover, AS 33.30.031 expressly authorizes the commissioner to enter into contracts with other governments and with private agencies to provide "correctional facilities" for prisoners within the commissioner's custodysuch as the prisons in Arizona that house many Alaska…”
Wiglesworth v. Pagel, 614 F. App'x 953 (10th Cir. 2015). “2001) (recognizing that the Alaska Department of Corrections had delegated authority to private prison); Alaska Stat. § 33.30.031 (a) (authorizing Alaska Department of Corrections to enter into agreements with private prison facilities only if those facilities “provide a degree…”
Alaska Stat. § 33.30.031(a): 2 cases
Alaska Legislative Council v. Knowles, 21 P.3d 367 (Alaska 2001). “The court says there is no confinement clause violation because, while AS 33.30.031 authorizes the commissioner to contract with municipalities, "it does not require the commissioner to put municipalities on footing equal with private enterprise as potential providers of new CRC…”
Hertz v. State, 22 P.3d 895 (Alaska Ct. App. 2001). “43 Because the legislature has tailored AS 33.30.031 to address specific health, safety and emergency overcrowding issues, and because DOC has retained ultimate authority over prisoner discipline and the award and forfeiture of good time, we conclude that the delegation of the…”
Alaska Stat. § 33.30.031(e): 1 case
Alaska Legislative Council v. Knowles, 21 P.3d 367 (Alaska 2001). “The court says there is no confinement clause violation because, while AS 33.30.031 authorizes the commissioner to contract with municipalities, "it does not require the commissioner to put municipalities on footing equal with private enterprise as potential providers of new CRC…”
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