HCS CSSSSB 175(FIN) AM H: "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."
00HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 175(FIN) am H 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 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 exceeds in quality or quantity food that is 19 available at United States military mess facilities to enlisted personnel 20 undergoing basic training in the United States armed forces; however, in 21 providing food that conforms to the requirement of this subparagraph, the 22 commissioner shall use Alaska farm products and fish to the greatest extent 23 practicable; 24 (D) equipment or facilities for publishing or broadcasting 25 material the content of which is not subject to prior approval by the department 26 as consistent with keeping order in the institution and prisoner discipline; 27 (E) cable television service in a correctional facility other than 28 a level of basic cable television service that is available as a substitute for 29 services that are broadcast to the public in the community in which a 30 correctional facility is located; 31 (2) allow a prisoner held in a state correctional facility operated by the
01 state to 02 (A) possess a compact disc player; 03 (B) view movies rated "X," or "NC-17," or that do not have a 04 rating unless approved by the department; 05 (C) possess printed material that visually depicts a person's 06 genitals, anus, or female breast; 07 (D) receive instruction in person, or by broadcast or printed 08 medium, or engage in boxing, wrestling, judo, karate, or other martial art, or 09 in any activity that, in the commissioner's discretion, would facilitate violent 10 behavior; 11 (E) possess in the prisoner's cell a coffee pot, hot plate, 12 appliance, or heating element for food preparation; 13 (F) possess apparel or appear in a state of dress, hygiene, 14 grooming, or appearance other than as permitted as uniform or standard in the 15 correctional facility; 16 (G) use a computer other than those approved by the 17 correctional facility; the use may be only as part of the prisoner's employment, 18 education, or vocational training; 19 (H) smoke unless the prisoner smokes in an area that has been 20 designated under AS 18.35.320 to permit smoking. 21 (b) The commissioner may determine whether the provisions of (a) of this 22 section shall apply to correctional facilities that are not operated by the state and may 23 negotiate with a provider of services for the detention and confinement of persons held 24 under authority of state law under contract or agreement whether the work 25 requirements and living conditions set out in (a) of this section shall apply to persons 26 held under authority of state law at a facility operated under contract or agreement. 27 (c) On and after January 1, 1997, the commissioner may not allow a prisoner who, under AS 33.30.011(2), has 28 been classified as maximum custody, to possess a television in the prisoner's cell. 29 (d) Subject to (e) of this section, on and after January 1, 1998, the 30 commissioner may allow a prisoner who, under AS 33.30.011(2), has been classified 31 as other than maximum custody to possess a television in the prisoner's cell only if
01 the prisoner 02 (1) either is incapable of obtaining or has attained a high school 03 diploma or general education development diploma or the equivalent; 04 (2) is actively engaged in an educational, vocational training, or 05 employment program; 06 (3) has satisfied or is on a regular and current payment schedule for all 07 restitution orders entered by the court as part of the prisoner's sentence and, if 08 applicable, is actively engaged in a treatment plan, counseling, or rehabilitation 09 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 16 of medical attention before admission to a correctional facility or commitment by a 17 court 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 21 ARISING OUT OF THE PRISONER'S ARREST]. 22 * Sec. 6. AS 33.30.191(a) is amended to read: 23 (a) It is the policy of the state that prisoners be productively employed for as 24 many hours each day as feasible [, NOT TO EXCEED 40 HOURS A WEEK UNLESS 25 OVERTIME HAS BEEN SPECIFICALLY APPROVED BY THE COMMISSIONER]. 26 * Sec. 7. AS 33.30.231(c) is amended to read: 27 (c) Notwithstanding AS 42.20.300 and 42.20.310, in order to preserve the 28 security and orderly administration of the correctional facility and to protect the public, 29 the commissioner shall monitor or record the [MAY AUTHORIZE THE USE OF 30 MONITORING OR RECORDING EQUIPMENT TO LISTEN TO A] telephone 31 conversations [CONVERSATION] of prisoners. A [A PRISONER
01 INCARCERATED FOLLOWING CONVICTION OF A CRIME, IF A] warning shall 02 be [IS] posted by each [THE] telephone informing prisoners [THE PRISONER] that 03 calls [A CALL] may be monitored or recorded. The monitoring or recording may 04 be conducted of all calls or selectively or in some other limited manner as 05 determined by the commissioner to be appropriate. A recording of a telephone call 06 made under this subsection shall be kept confidential, and access to the recording and 07 its contents is limited to persons who are acting within the scope of their official duties 08 and whose access to specific recordings has been authorized by the facility 09 superintendent. A telephone call between an attorney and a prisoner or between the 10 office of the ombudsman and a prisoner may not be monitored or recorded except 11 when authorized by a court. A person may not bring a civil action for damages for 12 the failure to monitor or record a telephone conversation or for the failure to take 13 action based upon a telephone conversation that was monitored or recorded. 14 * Sec. 8. AS 33.32.010 is amended to read: 15 Sec. 33.32.010. PURPOSE OF CHAPTER. It is the purpose of this chapter 16 to [:] 17 (1) develop and operate agricultural, industrial, and service enterprises 18 employing prisoners under the jurisdiction of the commissioner of corrections; 19 (2) provide realistic work experience and vocational training for 20 prisoners under conditions as much like those that prevail in private industry as 21 possible, consistent with proper penal administration, and to direct their efforts toward 22 financial responsibility, acquiring or improving effective work habits and occupational 23 skills, and increasing the probability of opportunities for employment after release; and 24 (3) operate a work program for prisoners that will be as nearly self- 25 supporting as possible by generating a sufficient amount of money from the sale of products 26 and services to pay all or most of the expenses of the program. 27 * Sec. 9. AS 33.32.015(b) is amended to read: 28 (b) The commissioner of corrections may 29 (1) subject to AS 36.30 (State Procurement Code), use, purchase, lease, 30 equip, and maintain buildings, machinery, and other equipment, and may purchase 31 materials and enter into contracts that [, WHICH] may be necessary for the
01 correctional industries program; 02 (2) provide for prisoners to be employed in rendering services and 03 producing articles, materials, and supplies needed by a state agency, a political 04 subdivision of the state, an agency of the federal government, other states or their 05 political subdivisions, or for use by nonprofit organizations; 06 (3) if the Correctional Industries Commission established in 07 AS 33.32.070 approves, employ prisoners to provide services or products as needed 08 by private industry if the services or products have potential for contributing to the 09 economy of the state and will have minimal negative impact on an existing private 10 industry or labor force in the state; 11 (4) authorize a prisoner to engage in vocational training or in 12 productive employment within or outside a correctional facility, or enter into a contract 13 under AS 33.30.191 for the employment of a prisoner if the Correctional Industries 14 Commission determines that the employment will have minimal negative impact on 15 an existing private industry or labor force in the state; and 16 (5) subject to the provisions of AS 36.30 (State Procurement Code), 17 enter into joint cooperative ventures with private industry for the establishment and 18 operation of "Free Venture" industries under AS 33.32.017 [,] if the Correctional 19 Industries Commission determines at the time of inception that the "Free Venture" 20 industry will not compete with an existing private industry or labor force in the state. 21 * Sec. 10. AS 33.32.015 is amended by adding a new subsection to read: 22 (c) This section does not require the commissioner of corrections to establish 23 and administer a vocational training program under the correctional industries program. 24 * Sec. 11. Section 7, ch. 53, SLA 1982, as amended by sec. 1, ch. 25, SLA 1987, by sec. 25 4, ch. 77, SLA 1991, and by sec. 10, ch. 93, SLA 1995, is amended to read: 26 Sec. 7. AS 33.32 is repealed July 1, 2005 .