An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure.

Modeled after successful federal legislation, HB 214(JUD) provides that court decisions effecting Alaska's prison system be as direct and unobtrusive as possible to the overall operations of the prison system. Currently, as seen with the Cleary case, judicial judgements are allowed to make broad sweeping requirements of the entire system in order to solve specifically identified, non-systemic problems within the Department of Corrections.

House Bill 214(JUD) requires any court orders or consent decrees be limited in scope to include only the specific problems or issues contained in the original complaint. It would also requires the court to take into consideration the overall effect of its decisions on the management and fiscal impact on the department.

The States constitution clearly states that the Legislature has the exclusive right to appropriate. Recent court orders and consent decrees requiring certain levels of funding or services is in direct conflict with the Legislature's exclusive appropriation powers.

The far reaching effects of recent court orders and consent decrees have also been in conflict with the Administrative branch's requirement to manage the State facilities and carry out the several constitutional goals of prison administration.

While the legislature recognizes the Judiciary's ability to ensure the constitutional rights of Alaska's prison population, it also recognizes that there is a constitutional separation of powers and duties that allows the State to effectively carry out its duties. House Bill 214(JUD) will accomplish this goal.