CSSB 1(FIN) AM: "An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of `severely medically disabled' applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program."
00CS FOR SENATE BILL NO. 1(FIN) am 01 "An Act relating to living and working conditions of prisoners in correctional 02 facilities operated by the state, and authorizing the commissioner of corrections 03 to negotiate with providers of detention and confinement services under contract 04 to apply those conditions and limitations on services to persons held under 05 authority of state law at facilities operated under contract or agreement; relating 06 to services provided to prisoners; amending the definition of `severely medically 07 disabled' applicable to prisoners seeking special medical parole; amending 08 provisions of the correctional industries program; and extending the termination 09 date of the Correctional Industries Commission and the program." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. Sections 4 - 6 of this Act may be known as the "Alaska No Frills Prison Act." 12 * Sec. 2. INTENT. It is the intent of secs. 4 - 6 of this Act that conditions in facilities for 13 prisoners within the Department of Corrections not be substantially more favorable than 14 required by the constitutions of this state and the United States unless the commissioner of
01 corrections has reasonable grounds to believe such conditions are consistent with fostering 02 rehabilitative programs or rewarding good behavior within state prisons. 03 * Sec. 3. AS 33.16.900(11) is amended to read: 04 (11) "severely medically disabled" means that a person has a medical 05 condition that substantially eliminates the physical ability to commit an offense 06 similar to the offense for which the person was convicted or to commit an offense 07 in violation of AS 11.41 that is punishable as a felony, [REQUIRES THE PERSON 08 SUFFERING FROM THE CONDITION TO BE CONFINED TO BED] and the person 09 is likely to 10 (A) remain subject to the medical condition [BE CONFINED 11 TO BED] throughout the entire period of parole; or 12 (B) die from the medical condition; 13 * Sec. 4. AS 33.30.011 is amended to read: 14 Sec. 33.30.011. Duties of commissioner. The commissioner shall 15 (1) establish, maintain, operate, and control correctional facilities 16 suitable for the custody, care, and discipline of persons charged or convicted of 17 offenses against the state or held under authority of state law; each correctional 18 facility operated by the state shall be established, maintained, operated, and 19 controlled in a manner that is consistent with AS 33.30.015; 20 (2) classify prisoners; 21 (3) for persons committed to the custody of the commissioner, establish 22 programs, including furlough programs that are reasonably calculated to 23 (A) protect the public and the victims of crimes committed 24 by prisoners; 25 (B) maintain health; 26 (C) create or improve occupational skills; 27 (D) enhance educational qualifications; 28 (E) support court-ordered restitution; and 29 (F) otherwise provide for the rehabilitation and reformation of 30 prisoners, facilitating their reintegration into society; 31 (4) provide necessary
01 (A) medical services for prisoners in correctional facilities or 02 who are committed by a court to the custody of the commissioner, including 03 examinations for communicable and infectious diseases; 04 (B) psychological or psychiatric treatment if a physician or 05 other health care provider, exercising ordinary skill and care at the time of 06 observation, concludes that 07 (i) a prisoner exhibits symptoms of a serious disease or 08 injury that is curable or may be substantially alleviated; and 09 (ii) the potential for harm to the prisoner by reason of 10 delay or denial of care is substantial; 11 (5) establish minimum standards for sex offender treatment programs 12 offered to persons who are committed to the custody of the commissioner; and 13 (6) provide for fingerprinting in correctional facilities in accordance 14 with AS 12.80.060. 15 * Sec. 5. AS 33.30 is amended by adding new sections to read: 16 Sec. 33.30.015. Living conditions for prisoners. (a) On and after the date that 17 is two years after the effective date of this Act, the commissioner may not 18 (1) make per capita expenditures for food for prisoners in a state 19 correctional facility operated by the state that exceed 90 percent of per capita 20 expenditures for food that is available to enlisted personnel in the United States Army 21 stationed in the state and use Alaska farm products and salmon to the greatest extent 22 practicable; 23 (2) provide in a state correctional facility operated by the state 24 (A) living quarters for a prisoner into which the view is 25 obstructed; however, the commissioner is not required to renovate a facility 26 to comply with this subparagraph if the facility is being used as a correctional 27 facility on the effective date of this Act, or if the facility was already built 28 before being acquired by the department; 29 (B) equipment or facilities for publishing or broadcasting 30 material the content of which is not subject to prior approval by the department 31 as consistent with keeping order in the institution and prisoner discipline;
01 (C) cable television service other than a level of basic cable 02 television service that is available as a substitute for services that are broadcast 03 to the public in the community in which a correctional facility is located; 04 (3) allow a prisoner held in a state correctional facility operated by the 05 state to 06 (A) possess in the prisoner's cell a cassette tape player or 07 recorder, a video cassette recorder (VCR), or a computer or modem of any 08 kind; 09 (B) view movies rated "R," "X," or "NC-17," or that do not 10 have a rating; 11 (C) possess printed or photographic material that 12 (i) is obscene as defined by the commissioner in 13 regulation; 14 (ii) could reasonably be expected to incite racial, ethnic, 15 or religious hatred that is detrimental to the security, good order, or 16 discipline of the institution or violence; 17 (iii) could reasonably be expected to aid in an escape or 18 in the theft or destruction of property; 19 (iv) describes procedures for brewing alcoholic 20 beverages or for manufacturing controlled substances, weapons, or 21 explosives; or 22 (v) could reasonably be expected to facilitate criminal 23 activity or a violation of institution rules; 24 (D) receive instruction in person, or by broadcast medium, or 25 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 26 that, in the commissioner's discretion, would facilitate violent behavior; 27 (E) possess or have access to free weights or other equipment for 28 use in the activities listed in (D) of this paragraph; 29 (F) possess in the prisoner's cell a coffee pot, hot plate, appliance 30 or heating element for food preparation, or more than three electrical appliances 31 of any kind;
01 (G) possess or appear in a state of dress, hygiene, grooming, or 02 appearance other than as permitted as uniform or standard in the correctional 03 facility; 04 (H) use a computer other than those approved by the correctional 05 facility; the use of a computer under this subparagraph may be approved only as 06 part of the prisoner's employment, education, or vocational training and may not 07 be used for any other purpose; 08 (I) smoke or use tobacco products of any kind. 09 (b) The commissioner may determine whether the provisions of (a) of this 10 section shall apply to correctional facilities that are not operated by the state and may 11 negotiate with a provider of services for the detention and confinement of persons held 12 under authority of state law under contract or agreement whether the living conditions 13 set out in (a) of this section shall apply to persons held under authority of state law at 14 a facility operated under contract or agreement. 15 (c) On and after January 1, 1998, the commissioner may not allow a prisoner to 16 possess a television in the prisoner's cell if the prisoner is classified as maximum custody 17 under AS 33.30.011(2). 18 (d) The commissioner may allow a prisoner who, under AS 33.30.011(2), has 19 been classified as other than maximum custody to possess a television in the prisoner's 20 cell only if the prisoner 21 (1) either is incapable of obtaining or has attained a high school diploma 22 or general education development diploma or the equivalent; 23 (2) is actively engaged in an educational, vocational training, or 24 employment program; 25 (3) has satisfied or is on a regular and current payment schedule for all 26 restitution orders entered by the court as part of the prisoner's sentence and, if 27 applicable, is actively engaged in a treatment plan or counseling, psychiatric, or 28 rehabilitation program ordered by the court or the department as part of the prisoner's 29 sentence; and 30 (4) pays for the expense of providing the television and, in addition to 31 the utility service fee required by AS 33.30.017, pays for the expense of providing any
01 cable television service. 02 (e) The commissioner shall use appropriate technology to screen programs 03 received by prisoners under (d) of this section. 04 Sec. 33.30.017. Fees for utilities services for prisoners. (a) The commissioner 05 shall establish a reasonable utility fee for electrical utilities that are used by prisoners 06 who are confined in a state correctional facility. The fee may not exceed $2 a month. 07 (b) The commissioner shall 08 (1) charge each prisoner who possesses at least one major electrical 09 appliance the utility fee established in (a) of this section; the commissioner may deduct 10 the utility fee monthly from the account established for a prisoner into which money due 11 the prisoner for labor is paid; if a prisoner is indigent, the commissioner shall make the 12 deduction from any amount credited to the indigent inmate's account; 13 (2) if available from legislative appropriation, expend money deducted 14 and collected under (1) of this subsection to offset the cost of the department's utility 15 expenses; the commissioner shall annually report on the amounts that are collected and 16 expended under this paragraph. 17 (c) The provisions of (b) of this section do not apply to prisoners 18 (1) who are 19 (A) developmentally disabled; or 20 (B) severely medically disabled, as that term is defined in 21 AS 33.16.900; 22 (2) who are housed in a mental health unit or psychiatric unit of a state 23 correctional facility; or 24 (3) while placed in a state correctional facility awaiting classification 25 under classification procedures for the purpose of making the appropriate assignment of 26 the prisoner. 27 * Sec. 6. AS 33.30.071(c) is amended to read: 28 (c) Medical services for a prisoner who is unconscious or in immediate need of 29 medical attention before admission to a correctional facility or commitment by a court 30 to the custody of the commissioner of corrections shall be provided by the law 31 enforcement agency having custody of the prisoner. The law enforcement agency may
01 require the prisoner to compensate the agency for the cost or for a portion of the cost 02 of medical services provided for any [A] preexisting medical condition [NOT ARISING 03 OUT OF THE PRISONER'S ARREST]. 04 * Sec. 7. AS 33.30.191(a) is amended to read: 05 (a) It is the policy of the state that prisoners be productively employed for as 06 many hours each day as feasible [, NOT TO EXCEED 40 HOURS A WEEK UNLESS 07 OVERTIME HAS BEEN SPECIFICALLY APPROVED BY THE COMMISSIONER]. 08 * Sec. 8. AS 33.30 is amended by adding a new section to read: 09 Sec. 33.30.193. Standard applicable to allowing prisoners access to and use 10 of legal reference materials and legal assistance. If the commissioner imposes a 11 restriction on access to and use of legal reference materials by or legal assistance of 12 a prisoner in a state correctional facility, a court may not enter an order giving relief 13 to the prisoner unless the court first finds, by a preponderance of the evidence, that 14 enforcement or application of the restriction hinders the prisoner from having access 15 to and use of the legal reference materials or legal assistance 16 (1) in order to gain meaningful access to a court for the purpose of 17 challenging 18 (A) the prisoner's sentence; or 19 (B) the conditions of the prisoner's confinement; or 20 (2) in circumstances in which a state court has specifically determined 21 that a provision of the state constitution necessarily requires a prisoner to have access 22 to and use of the legal reference materials or legal assistance. 23 * Sec. 9. AS 33.30.231(c) is amended to read: 24 (c) Notwithstanding AS 42.20.300 and 42.20.310, in order to preserve the 25 security and orderly administration of the correctional facility and to protect the public, 26 the commissioner shall monitor or record the [MAY AUTHORIZE THE USE OF 27 MONITORING OR RECORDING EQUIPMENT TO LISTEN TO A] telephone 28 conversations [CONVERSATION] of prisoners. The commissioner shall post a 29 [PRISONER INCARCERATED FOLLOWING CONVICTION OF A CRIME, IF A] 30 warning [IS POSTED] by each [THE] telephone informing prisoners [THE 31 PRISONER] that calls [A CALL] may be monitored or recorded. The monitoring or
01 recording may be conducted on all calls or selectively or in some other limited 02 manner as determined by the commissioner to be appropriate. A recording of a 03 telephone call made under this subsection shall be kept confidential, and access to the 04 recording and its contents is limited to persons who are acting within the scope of their 05 official duties and whose access to specific recordings has been authorized by the 06 facility superintendent. A telephone call between an attorney and a prisoner or 07 between the office of the ombudsman and a prisoner may not be monitored or recorded 08 except when authorized by a court. 09 * Sec. 10. AS 33.32.010 is amended to read: 10 Sec. 33.32.010. Purpose of chapter. It is the purpose of this chapter to [:] 11 (1) develop and operate agricultural, industrial, and service enterprises 12 employing prisoners under the jurisdiction of the commissioner of corrections; 13 (2) provide realistic work experience and vocational training for 14 prisoners under conditions as much like those that prevail in private industry as possible, 15 consistent with proper penal administration, and to direct their efforts toward financial 16 responsibility, acquiring or improving effective work habits and occupational skills, and 17 increasing the probability of opportunities for employment after release; and 18 (3) operate a work program for prisoners that will be as nearly self- 19 supporting as possible by generating a sufficient amount of money from the sale of products and 20 services to pay all or most of the expenses of the program. 21 * Sec. 11. AS 33.32.015(b) is amended to read: 22 (b) The commissioner of corrections may 23 (1) subject to AS 36.30 (State Procurement Code), use, purchase, lease, 24 equip, and maintain buildings, machinery, and other equipment, and may purchase 25 materials and enter into contracts that [, WHICH] may be necessary for the correctional 26 industries program; 27 (2) provide for prisoners to be employed in rendering services and 28 producing articles, materials, and supplies needed by a state agency, a political 29 subdivision of the state, an agency of the federal government, other states or their 30 political subdivisions, or for use by nonprofit organizations; 31 (3) if the Correctional Industries Commission established in AS 33.32.070
01 approves, employ prisoners to provide services or products as needed by private industry 02 if the services or products have potential for contributing to the economy of the state and 03 will have minimal negative impact on an existing private industry or labor force in the 04 state; 05 (4) authorize a prisoner to engage in vocational training or in 06 productive employment within or outside a correctional facility, or enter into a contract 07 under AS 33.30.191 for the employment of a prisoner if the Correctional Industries 08 Commission determines that the employment will have minimal negative impact on an 09 existing private industry or labor force in the state; and 10 (5) subject to the provisions of AS 36.30 (State Procurement Code), enter 11 into joint cooperative ventures with private industry for the establishment and operation 12 of "Free Venture" industries under AS 33.32.017 [,] if the Correctional Industries 13 Commission determines at the time of inception that the "Free Venture" industry will not 14 compete with an existing private industry or labor force in the state. 15 * Sec. 12. AS 33.32.015 is amended by adding a new subsection to read: 16 (c) This section does not require the commissioner of corrections to establish and 17 administer a vocational training program under the correctional industries program. 18 * Sec. 13. AS 33.32.050(c) is amended to read: 19 (c) The commissioner of corrections shall disburse a prisoner's [PRISONERS'] 20 payments in amounts determined to be appropriate under procedures adopted by the 21 commissioner based on the following order of priority: 22 (1) for support of the prisoner's [PRISONERS'] dependents, if any; 23 (2) to reimburse the state for compensation awarded under AS 18.67 24 resulting from the prisoner's criminal conduct; 25 (3) to pay a civil judgment resulting from the prisoner's criminal conduct; 26 (4) for the payment of fees for the prisoner's utilities services under 27 AS 33.30.017; 28 (5) for the purchase of clothing and commissary items for the prisoner's 29 personal use; 30 (6) [(5)] to pay a restitution or fine of the prisoner ordered by a 31 sentencing court.
01 * Sec. 14. 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].