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SB 172: "An Act relating to computer use by prisoners; and relating to an exemption from the State Procurement Code for contracts for rehabilitation and reentry services."

00 SENATE BILL NO. 172 01 "An Act relating to computer use by prisoners; and relating to an exemption from the 02 State Procurement Code for contracts for rehabilitation and reentry services." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 33.30.015(a) is amended to read: 05 (a) The commissioner may not 06 (1) make per capita expenditures for food for prisoners in a state 07 correctional facility operated by the state that exceed 90 percent of per capita 08 expenditures for food that is available to enlisted personnel in the United States Army 09 stationed in the state; 10 (2) provide, in a state correctional facility operated by the state, 11 (A) living quarters for a prisoner into which the view is 12 obstructed; however, the commissioner is not required to renovate a facility to 13 comply with this subparagraph if the facility is being used as a correctional 14 facility on August 27, 1997, or if the facility was already built before being

01 acquired by the department; 02 (B) equipment or facilities for publishing or broadcasting 03 material the content of which is not subject to prior approval by the department 04 as consistent with keeping order in the institution and prisoner discipline; 05 (C) cable television service other than a level of basic cable 06 television service that is available as a substitute for services that are broadcast 07 to the public in the community in which a correctional facility is located; 08 (3) allow a prisoner held in a state correctional facility operated by the 09 state to 10 (A) possess in the prisoner's cell a cassette tape player or 11 recorder, a video cassette recorder (VCR), or a computer or modem of any 12 kind; 13 (B) view movies rated "R," "X," or "NC-17"; 14 (C) possess printed or photographic material that 15 (i) is obscene as defined by the commissioner in 16 regulation; 17 (ii) could reasonably be expected to incite racial, ethnic, 18 or religious hatred that is detrimental to the security, good order, or 19 discipline of the institution or violence; 20 (iii) could reasonably be expected to aid in an escape or 21 in the theft or destruction of property; 22 (iv) describes procedures for brewing alcoholic 23 beverages or for manufacturing controlled substances, weapons, or 24 explosives; or 25 (v) could reasonably be expected to facilitate criminal 26 activity or a violation of institution rules; 27 (D) receive instruction in person, or by broadcast medium, or 28 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 29 that, in the commissioner's discretion, would facilitate violent behavior; 30 (E) possess or have access to equipment for use in the activities 31 listed in (D) of this paragraph;

01 (F) possess or have access to free weights; 02 (G) possess in the prisoner's cell a coffee pot, hot plate, 03 appliance or heating element for food preparation, or more than three electrical 04 appliances of any kind; 05 (H) possess or appear in a state of dress, hygiene, grooming, or 06 appearance other than as permitted as uniform or standard in the correctional 07 facility; 08 (I) use a computer other than those approved by the 09 correctional facility; the use of a computer under this subparagraph may be 10 approved only as part of the prisoner's employment, reentry services under 11 AS 33.30.011(9), legal purposes, education, or vocational training and may 12 not be used for any other purpose; 13 (J) smoke or use tobacco products of any kind. 14 * Sec. 2. AS 33.30.026 is amended to read: 15 Sec. 33.30.026. Procurement Code applicable to contracts. Except as 16 provided in AS 36.30.850 and (b) of this section, contracting [CONTRACTING] 17 for services under this chapter is governed by AS 36.30 (State Procurement Code). 18 * Sec. 3. AS 33.30.026 is amended by adding a new subsection to read: 19 (b) In authorizing a contract for rehabilitation and reentry services made under 20 AS 36.30.850 and (a) of this section, the commissioner or the commissioner's designee 21 shall make a determination that the payment for rehabilitation and reentry services will 22 promote the use of community-based and culturally relevant rehabilitative and reentry 23 services most suited to provide support for the individual that receives the 24 rehabilitation and reentry services. In making this determination, the commissioner 25 may consider the availability of services in the area, the cost effectiveness of the 26 chosen service, and the likelihood that the agreement, contract, or payment under this 27 subsection will assist the individual to remain in the individual's chosen community. 28 * Sec. 4. AS 36.30.850(b) is amended by adding a new paragraph to read: 29 (49) contracts with providers of rehabilitation and reentry services for 30 prisoners under AS 33.30.011 and 33.30.026(b).