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."

00 CS 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].