SSSB 175: "An Act relating to correctional institutions and their administration, and to services provided to prisoners; amending the definition of severely medically disabled' applicable to prisoners seeking special medical parole; and amending provisions of the correctional industries program, and extending the termination date of the Correctional Industries Commission and the program."

00SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175 01 "An Act relating to correctional institutions and their administration, and to 02 services provided to prisoners; amending the definition of severely medically 03 disabled' applicable to prisoners seeking special medical parole; and amending 04 provisions of the correctional industries program, and extending the termination 05 date of the Correctional Industries Commission and the program." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. Sections 3 - 5 of this Act may be known as the "Alaska No Frills Prison Act." 08 * Sec. 2. AS 33.16.900(10) is amended to read: 09  (10) "severely medically disabled" means that a person has a medical 10 condition that, in the opinion of the Parole Board, significantly reduces the 11 probability of committing an offense similar to the offense for which the person 12 was convicted or of committing an offense in violation of AS 11.41 that is 13 punishable as a felony, [REQUIRES THE PERSON SUFFERING FROM THE 14 CONDITION TO BE CONFINED TO BED] and the person is likely to

01  (A) remain subject to the medical condition [BE CONFINED 02 TO BED] throughout the entire period of parole; or 03  (B) [TO] die from the medical condition; 04 * Sec. 3. AS 33.30.011 is amended to read: 05  Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 06  (1) establish, maintain, operate, and control correctional facilities 07 suitable for the custody, care, and discipline of persons charged or convicted of 08 offenses against the state or held under authority of state law; each correctional 09 facility shall be established, maintained, operated, and controlled in a manner that 10 is consistent with AS 33.30.015; 11  (2) classify prisoners; 12  (3) for persons committed to the custody of the commissioner, establish 13 programs, including furlough programs that are reasonably calculated to 14  (A) protect the public; 15  (B) maintain health; 16  (C) create or improve occupational skills; 17  (D) enhance educational qualifications; 18  (E) support court-ordered restitution; and 19  (F) otherwise provide for the rehabilitation and reformation of 20 prisoners, facilitating their reintegration into society; 21  (4) subject to AS 33.30.028, provide necessary 22  (A) medical services for prisoners in correctional facilities or 23 who are committed by a court to the custody of the commissioner, including 24 examinations for communicable and infectious diseases; 25  (B) psychological or psychiatric treatment if a physician or 26 other health care provider, exercising ordinary skill and care at the time of 27 observation, concludes that 28  (i) a prisoner exhibits symptoms of a serious disease or 29 injury that is curable or may be substantially alleviated; and 30  (ii) the potential for harm to the prisoner by reason of 31 delay or denial of care is substantial;

01  (5) establish minimum standards for sex offender treatment programs 02 offered to persons who are committed to the custody of the commissioner; and 03  (6) provide for fingerprinting in correctional facilities in accordance 04 with AS 12.80.060. 05 * Sec. 4. AS 33.30 is amended by adding a new section to read: 06  Sec. 33.30.015. WORK REQUIREMENT AND LIVING CONDITIONS FOR 07 PRISONERS. (a) In implementing this chapter, the commissioner may not 08  (1) provide 09  (A) living conditions and recreational opportunities to prisoners 10 within a correctional facility that substantially exceed the conditions that may 11 be required of the state by the Constitution of the United States or the 12 constitution of the state; 13  (B) living quarters for a prisoner into which the view into the 14 quarters is obstructed; however, the commissioner may not be required to 15 renovate the cells of a correctional facility that, on the effective date of this 16 Act, confines prisoners in cells equipped with doors that do not have bars or 17 windows; 18  (C) food that substantially exceeds in quality or quantity the 19 food that must be served as required by the Constitution of the United States 20 or the constitution of the state; 21  (D) equipment or facilities for publishing or broadcasting 22 material the content of which is not subject to prior approval by the department 23 as consistent with keeping order in the institution and prisoner discipline; 24  (E) cable television service in a correctional facility; 25  (2) allow a prisoner to 26  (A) make unmonitored telephone calls, except for calls between 27 the prisoner and the prisoner's legal counsel; 28  (B) possess a television or a computer in the prisoner's cell; 29  (C) view movies rated "R," "X," or "NC-17," or that do not 30 have a rating; 31  (D) possess printed material that visually depicts a person's

01 genitals, anus, or female breast; 02  (E) receive instruction in person, or by broadcast or printed 03 medium, or engage in boxing, wrestling, judo, karate, or other martial art, in 04 bodybuilding or weight lifting, or in any activity that, in the commissioner's 05 discretion, would facilitate violent behavior; 06  (F) possess or have access to free weights, to bodybuilding or 07 weight-lifting equipment, or to other equipment for use in the activities listed 08 in (E) of this paragraph; 09  (G) possess in the prisoner's cell a coffee pot, hot plate, 10 appliance, or heating element for food preparation; 11  (H) possess or appear in a state of dress, hygiene, grooming, or 12 appearance other than as permitted as uniform or standard in the correctional 13 facility; 14  (I) use a computer other than those that may be provided by the 15 correctional facility; the use may be only as part of the prisoner's employment 16 or vocational training. 17 * Sec. 5. AS 33.30.071(c) is amended to read: 18  (c) Medical services for a prisoner who is unconscious or in immediate need 19 of medical attention before admission to a correctional facility or commitment by a 20 court to the custody of the commissioner of corrections shall be provided by the law 21 enforcement agency having custody of the prisoner. The law enforcement agency may 22 require the prisoner to compensate the agency for the cost or for a portion of the cost 23 of medical services provided for any [A] preexisting medical condition [NOT 24 ARISING OUT OF THE PRISONER'S ARREST]. 25 * Sec. 6. AS 33.32.010 is amended to read: 26  Sec. 33.32.010. PURPOSE OF CHAPTER. It is the purpose of this chapter to 27 [:] 28  (1) develop and operate agricultural, industrial, and service enterprises 29 employing prisoners under the jurisdiction of the commissioner of corrections; 30  (2) provide realistic work experience and vocational training for 31 prisoners under conditions as much like those that prevail in private industry as possible,

01 consistent with proper penal administration, and to direct their efforts toward financial 02 responsibility, acquiring or improving effective work habits and occupational skills, and 03 increasing the probability of opportunities for employment after release; and 04  (3) operate a work program for prisoners that will be as nearly self- 05 supporting as possible by generating a sufficient amount of money from the sale of products and 06 services to pay all or most of the expenses of the program. 07 * Sec. 7. AS 33.32.015(b) is amended to read: 08  (b) The commissioner of corrections may 09  (1) subject to AS 36.30 (State Procurement Code), use, purchase, lease, 10 equip, and maintain buildings, machinery, and other equipment, and may purchase 11 materials and enter into contracts that [, WHICH] may be necessary for the correctional 12 industries program; 13  (2) provide for prisoners to be employed in rendering services and 14 producing articles, materials, and supplies needed by a state agency, a political 15 subdivision of the state, an agency of the federal government, other states or their 16 political subdivisions, or for use by nonprofit organizations; 17  (3) if the Correctional Industries Commission established in AS 33.32.070 18 approves, employ prisoners to provide services or products as needed by private industry 19 if the services or products have potential for contributing to the economy of the state and 20 will have minimal negative impact on an existing private industry or labor force in the 21 state; 22  (4) authorize a prisoner to engage in vocational training or in 23 productive employment within or outside a correctional facility, or enter into a contract 24 under AS 33.30.191 for the employment of a prisoner if the Correctional Industries 25 Commission determines that the employment will have minimal negative impact on an 26 existing private industry or labor force in the state; and 27  (5) subject to the provisions of AS 36.30 (State Procurement Code), enter 28 into joint cooperative ventures with private industry for the establishment and operation 29 of "Free Venture" industries under AS 33.32.017 [,] if the Correctional Industries 30 Commission determines at the time of inception that the "Free Venture" industry will not 31 compete with an existing private industry or labor force in the state.

01 * Sec. 8. AS 33.32.015 is amended by adding a new subsection to read: 02  (c) This section does not require the commissioner of corrections to establish 03 and administer a vocational training program under the correctional industries program. 04 * Sec. 9. Section 7, ch. 53, SLA 1982, as amended by sec. 1, ch. 25, SLA 1987, by sec. 4, 05 ch. 77, SLA 1991, and by sec. 10, ch. 93, SLA 1995, is amended to read: 06  Sec. 7. AS 33.32 is repealed July 1, 2005 [1999].