txt

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."

00 SPONSOR 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].