CSSSSB 175(FIN) AM: "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."

00CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175(FIN) am 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 substantially eliminates the physical ability to commit an offense 11 similar to the offense for which the person was convicted or to commit an offense 12 in violation of AS 11.41 that is punishable as a felony, [REQUIRES THE PERSON 13 SUFFERING FROM THE CONDITION TO BE CONFINED TO BED] and the person 14 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 operated by the state shall be established, maintained, operated, and 10 controlled in a manner that 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 in a state correctional facility operated by the state 09  (A) living conditions and recreational opportunities to prisoners 10 within a correctional facility that substantially exceed the conditions that may be 11 required of the state by the Constitution of the United States or the constitution 12 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 Act, 16 confines prisoners in cells equipped with doors that do not have bars or windows; 17  (C) food that exceeds in quality or quantity food that is available 18 to enlisted personnel in the United States Army and use Alaska farm products 19 and salmon to the greatest extent practicable; 20  (D) equipment or facilities for publishing or broadcasting material 21 the content of which is not subject to prior approval by the department as 22 consistent with keeping order in the institution and prisoner discipline; 23  (E) cable television service in a correctional facility other than a 24 level of basic cable television service that is available as a substitute for services 25 that are broadcast to the public in the community in which a correctional facility 26 is located; 27  (2) allow a prisoner held in a state correctional facility operated by the 28 state to 29  (A) make unmonitored telephone calls, except for calls between 30 the prisoner and the prisoner's legal counsel; 31  (B) possess a compact disc player, a video cassette recorder

01 (VCR), or a computer in the prisoner's cell; 02  (C) view movies rated "R," "X," or "NC-17," or that do not have 03 a rating; 04  (D) possess printed material that visually depicts a person's 05 genitals, anus, or female breast; 06  (E) receive instruction in person, or by broadcast or printed 07 medium, or engage in boxing, wrestling, judo, karate, or other martial art, in 08 bodybuilding or weight lifting, or in any activity that, in the commissioner's 09 discretion, would facilitate violent behavior; 10  (F) possess or have access to free weights, to bodybuilding or 11 weight-lifting equipment, or to other equipment for use in the activities listed in 12 (E) of this paragraph; 13  (G) possess in the prisoner's cell a coffee pot, hot plate, 14 appliance, or heating element for food preparation; 15  (H) possess or appear in a state of dress, hygiene, grooming, or 16 appearance other than as permitted as uniform or standard in the correctional 17 facility; 18  (I) use a computer other than those approved by the correctional 19 facility; the use may be only as part of the prisoner's employment or vocational 20 training; 21  (J) smoke unless the prisoner smokes in an area that has been 22 designated under AS 18.35.320 to permit smoking. 23  (b) The commissioner may determine whether the provisions of (a) of this 24 section shall apply to correctional facilities that are not operated by the state and may 25 negotiate with a provider of services for the detention and confinement of persons held 26 under authority of state law under contract or agreement whether the work requirements 27 and living conditions set out in (a) of this section shall apply to persons held under 28 authority of state law at a facility operated under contract or agreement. 29 (c) On and after January 1, 1997, the commissioner may not allow a prisoner who, under AS 33.30.011(2), has been 30 classified as maximum custody, to possess a television in the prisoner's cell. 31  (d) Subject to (e) of this section, on and after January 1, 1997, the commissioner

01 may allow a prisoner who, under AS 33.30.011(2), has been classified as other than 02 maximum custody to possess a television in the prisoner's cell only if the prisoner 03  (1) has attained a high school diploma or general education development 04 diploma or the equivalent; 05  (2) is actively engaged in an educational, vocational training, or 06 employment program; 07  (3) has satisfied all restitution orders entered by the court as part of the 08 prisoner's sentence and, if applicable, is actively engaged in a treatment plan, counseling, 09 or rehabilitation program ordered by the court as part of the prisoner's sentence; and 10  (4) pays for the expense of providing the television or cable television 11 service. 12  (e) The commissioner shall use appropriate technology to screen programs 13 received by prisoners under (d) of this section. 14 * Sec. 5. AS 33.30.071(c) is amended to read: 15  (c) Medical services for a prisoner who is unconscious or in immediate need of 16 medical attention before admission to a correctional facility or commitment by a court 17 to the custody of the commissioner of corrections shall be provided by the law 18 enforcement agency having custody of the prisoner. The law enforcement agency may 19 require the prisoner to compensate the agency for the cost or for a portion of the cost 20 of medical services provided for any [A] preexisting medical condition [NOT ARISING 21 OUT OF THE PRISONER'S ARREST]. 22 * Sec. 6. AS 33.32.010 is amended to read: 23  Sec. 33.32.010. PURPOSE OF CHAPTER. It is the purpose of this chapter to 24 [:] 25  (1) develop and operate agricultural, industrial, and service enterprises 26 employing prisoners under the jurisdiction of the commissioner of corrections; 27  (2) provide realistic work experience and vocational training for 28 prisoners under conditions as much like those that prevail in private industry as possible, 29 consistent with proper penal administration, and to direct their efforts toward financial 30 responsibility, acquiring or improving effective work habits and occupational skills, and 31 increasing the probability of opportunities for employment after release; and

01  (3) operate a work program for prisoners that will be as nearly self- 02 supporting as possible by generating a sufficient amount of money from the sale of products and 03 services to pay all or most of the expenses of the program. 04 * Sec. 7. AS 33.32.015(b) is amended to read: 05  (b) The commissioner of corrections may 06  (1) subject to AS 36.30 (State Procurement Code), use, purchase, lease, 07 equip, and maintain buildings, machinery, and other equipment, and may purchase 08 materials and enter into contracts that [, WHICH] may be necessary for the correctional 09 industries program; 10  (2) provide for prisoners to be employed in rendering services and 11 producing articles, materials, and supplies needed by a state agency, a political 12 subdivision of the state, an agency of the federal government, other states or their 13 political subdivisions, or for use by nonprofit organizations; 14  (3) if the Correctional Industries Commission established in AS 33.32.070 15 approves, employ prisoners to provide services or products as needed by private industry 16 if the services or products have potential for contributing to the economy of the state and 17 will have minimal negative impact on an existing private industry or labor force in the 18 state; 19  (4) authorize a prisoner to engage in vocational training or in 20 productive employment within or outside a correctional facility, or enter into a contract 21 under AS 33.30.191 for the employment of a prisoner if the Correctional Industries 22 Commission determines that the employment will have minimal negative impact on an 23 existing private industry or labor force in the state; and 24  (5) subject to the provisions of AS 36.30 (State Procurement Code), enter 25 into joint cooperative ventures with private industry for the establishment and operation 26 of "Free Venture" industries under AS 33.32.017 [,] if the Correctional Industries 27 Commission determines at the time of inception that the "Free Venture" industry will not 28 compete with an existing private industry or labor force in the state. 29 * Sec. 8. AS 33.32.015 is amended by adding a new subsection to read: 30  (c) This section does not require the commissioner of corrections to establish 31 and administer a vocational training program under the correctional industries program.

01 * Sec. 9. Section 7, ch. 53, SLA 1982, as amended by sec. 1, ch. 25, SLA 1987, by sec. 4, 02 ch. 77, SLA 1991, and by sec. 10, ch. 93, SLA 1995, is amended to read: 03  Sec. 7. AS 33.32 is repealed July 1, 2005 [1999].