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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."

00 HOUSE 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 [1999].