HB 118: "An Act relating to the duties of the commissioner of corrections; and relating to planning for prisoner reentry."

00                             HOUSE BILL NO. 118                                                                          
01 "An Act relating to the duties of the commissioner of corrections; and relating to                                      
02 planning for prisoner reentry."                                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 33.30.011(a) is amended to read:                                                                   
05            (a)  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 facility                             
09 operated by the state shall be established, maintained, operated, and controlled in a                                   
10       manner that is consistent with AS 33.30.015;                                                                      
11                 (2)  classify prisoners;                                                                                
12                 (3)  for persons committed to the custody of the commissioner,                                          
13       establish programs, including furlough programs that are reasonably calculated to                                 
14                      (A)  protect the public and the victims of crimes committed by                                     
01            prisoners;                                                                                                   
02                      (B)  maintain health;                                                                              
03                      (C)  create or improve occupational skills;                                                        
04                      (D)  enhance educational qualifications;                                                           
05                      (E)  support court-ordered restitution; and                                                        
06                      (F)  otherwise provide for the rehabilitation and reformation of                                   
07            prisoners, facilitating their reintegration into society;                                                    
08                 (4)  provide necessary                                                                                  
09                      (A)  medical services for prisoners in correctional facilities or                                  
10 who are committed by a court to the custody of the commissioner, including                                              
11            examinations for communicable and infectious diseases;                                                       
12 (B)  psychological or psychiatric treatment if a physician or                                                           
13 other health care provider, exercising ordinary skill and care at the time of                                           
14            observation, concludes that                                                                                  
15 (i)  a prisoner exhibits symptoms of a serious disease or                                                               
16                 injury that is curable or may be substantially alleviated; and                                          
17 (ii)  the potential for harm to the prisoner by reason of                                                               
18                 delay or denial of care is substantial; and                                                             
19 (C)  assessment or screening of the risks and needs of offenders                                                        
20 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                                         
21 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                               
22            disorder;                                                                                                    
23 (5)  establish minimum standards for sex offender treatment programs                                                    
24       offered to persons who are committed to the custody of the commissioner;                                          
25 (6)  provide for fingerprinting in correctional facilities in accordance                                                
26       with AS 12.80.060;                                                                                                
27 (7)  establish a program to conduct assessments of the risks and needs                                                  
28 of offenders sentenced to serve a term of incarceration of 30 days or more [AND                                         
29 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY                                                             
30 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST                                                             
31 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING                                                               
01       THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a                                              
02       requirement for an assessment before a prisoner's release on parole, furlough, or                                 
03       electronic monitoring from a correctional facility;                                                               
04                 (8)  establish a procedure that provides for each prisoner required to                                
05       serve an active term of imprisonment of 30 days or more, other than a prisoner                                
06       sentenced to a term of 99 years, a written case plan that                                                     
07                      (A)  takes effect within 30 days after the prisoner's                                          
08            sentencing [IS PROVIDED TO THE PRISONER WITHIN 90 DAYS AFTER                                             
09            SENTENCING];                                                                                                 
10 (B)  is based on the results of the assessment of the prisoner's                                                        
11            risks and needs under (7) of this subsection;                                                                
12 (C)  includes a requirement to follow the rules of the institution;                                                     
13 (D)  is modified when necessary for changes in classification,                                                          
14            housing status, medical or mental health, and resource availability;                                         
15 (E)  includes participation in programming that addresses the                                                           
16            needs identified in the assessment;                                                                          
17 (9)  establish a program to begin reentry planning with each prisoner                                                   
18 serving an active term of imprisonment of 30 [90] days or more; reentry planning must                               
19 begin at least 30 [90] days before release on furlough or probation or parole; the                                  
20       reentry program must include                                                                                      
21 (A)  a written reentry plan for each prisoner completed upon                                                            
22 release on furlough or probation or parole that includes information on the                                             
23            prisoner's proposed                                                                                          
24                           (i)  residence;                                                                               
25                           (ii)  employment or alternative means of support;                                             
26                           (iii)  treatment options;                                                                     
27                           (iv)  counseling services;                                                                    
28                           (v)  education or job training services;                                                      
29 (B)  any other requirements for successful transition back to the                                                       
30 community, including electronic monitoring or furlough for the period between                                           
31            a scheduled parole hearing and parole eligibility;                                                           
01                      (C)  coordination with the Department of Labor and Workforce                                       
02            Development to provide access, after release, to job training and employment                                 
03            assistance; and                                                                                          
04                      (D)  coordination with community reentry coalitions or                                         
05            other providers of reentry services;                                                                     
06                 (10)  for offenders under electronic monitoring, establish                                              
07                      (A)  minimum standards for electronic monitoring, which may                                        
08            include the requirement of active, real-time monitoring using global                                         
09            positioning systems; and                                                                                     
10 (B)  procedures for oversight and approving electronic                                                                  
11            monitoring programs and systems provided by private contractors; [AND]                                       
12 (11)  assist a prisoner in obtaining a valid state identification card if the                                           
13 prisoner does not have a valid state identification card before the prisoner's release; the                             
14       department shall pay the application fee for the identification card; and                                     
15 (12)  provide to the legislature, by electronic means, by January 15,                                               
16 2017, and thereafter by January 15 preceding the first regular session of each                                      
17 legislature, a report summarizing the findings and results of the program                                           
18       established under (7) of this subsection; the report must include                                             
19 (A)  the number of prisoners who were provided with                                                                 
20 written case plans under (8) of this subsection and the percentage of the                                           
21            target population that number represents;                                                                
22 (B)  the number and percentage of prisoners who were                                                                
23 provided with services consistent with the written case plans under (8) of                                          
24 this subsection within a month after starting service of a term of                                                  
25            imprisonment; and                                                                                        
26 (C)  the number and percentage of prisoners who were                                                                
27            provided with written case plans under (8) of this subsection, addressing                                
28                           (i)  employment or alternative means of support;                                          
29                           (ii)  treatment options;                                                                  
30                           (iii)  counseling services;                                                               
31 (iv)  education or job training programs or services;                                                               
01                 and                                                                                                 
02                           (v)  availability of health insurance enrollment                                          
03                 assistance after release.