CSHB 118(STA)(efd am): "An Act relating to state identifications and driver's licenses for persons in the custody of the Department of Corrections; relating to the duties of the commissioner of corrections; relating to living conditions for prisoners; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 118(STA)(efd am) 01 "An Act relating to state identifications and driver's licenses for persons in the custody 02 of the Department of Corrections; relating to the duties of the commissioner of 03 corrections; relating to living conditions for prisoners; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 18.65.310 is amended by adding a new subsection to read: 07 (s) Upon request, the department shall mail a card issued under (a) of this 08 section to a Department of Corrections address provided by an applicant who is 09 serving an active term of imprisonment exceeding 120 days. 10 * Sec. 2. AS 28.15.101 is amended by adding a new subsection to read: 11 (e) Upon request, the department shall mail a driver's license renewed under 12 (c) of this section to a Department of Corrections address provided by a licensee who 13 is serving an active term of imprisonment exceeding 120 days. 14 * Sec. 3. AS 33.30.011(a) is amended to read:
01 (a) The commissioner shall 02 (1) establish, maintain, operate, and control correctional facilities 03 suitable for the custody, care, and discipline of persons charged or convicted of 04 offenses against the state or held under authority of state law; each correctional facility 05 operated by the state shall be established, maintained, operated, and controlled in a 06 manner that is consistent with AS 33.30.015; 07 (2) classify prisoners; 08 (3) for persons committed to the custody of the commissioner, 09 establish programs, including furlough programs that are reasonably calculated to 10 (A) protect the public and the victims of crimes committed by 11 prisoners; 12 (B) maintain health; 13 (C) create or improve occupational skills; 14 (D) enhance educational qualifications; 15 (E) support court-ordered restitution; and 16 (F) otherwise provide for the rehabilitation and reformation of 17 prisoners, facilitating their reintegration into society; 18 (4) provide necessary 19 (A) medical services for prisoners in correctional facilities or 20 who are committed by a court to the custody of the commissioner, including 21 examinations for communicable and infectious diseases; 22 (B) psychological or psychiatric treatment if a physician or 23 other health care provider, exercising ordinary skill and care at the time of 24 observation, concludes that 25 (i) a prisoner exhibits symptoms of a serious disease or 26 injury that is curable or may be substantially alleviated; and 27 (ii) the potential for harm to the prisoner by reason of 28 delay or denial of care is substantial; and 29 (C) assessment or screening of the risks and needs of offenders 30 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 31 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based
01 disorder; 02 (5) establish minimum standards for sex offender treatment programs 03 offered to persons who are committed to the custody of the commissioner; 04 (6) provide for fingerprinting in correctional facilities in accordance 05 with AS 12.80.060; 06 (7) establish a program to conduct assessments of the risks and needs 07 of offenders sentenced to serve a term of incarceration of 90 days or more; the 08 program must include a requirement for an assessment before a prisoner's release on 09 parole, furlough, or electronic monitoring from a correctional facility; 10 (8) establish a procedure that provides for each prisoner required to 11 serve an active term of imprisonment of 90 days or more a written case plan that 12 (A) takes effect and is provided to the prisoner within 90 days 13 after sentencing; 14 (B) is based on the results of the assessment of the prisoner's 15 risks and needs under (7) of this subsection; 16 (C) includes a requirement to follow the rules of the institution; 17 (D) is modified when necessary for changes in classification, 18 housing status, medical or mental health, and resource availability; 19 (E) includes participation in programming that addresses the 20 needs identified in the assessment; 21 (9) establish a program to begin reentry planning with each prisoner 22 serving an active term of imprisonment of 90 days or more; reentry planning must 23 begin at least 90 days before release on furlough or probation or parole; the reentry 24 program must include 25 (A) a written reentry plan for each prisoner completed upon 26 release on furlough or probation or parole that includes information on the 27 prisoner's proposed 28 (i) residence; 29 (ii) employment or alternative means of support; 30 (iii) treatment options; 31 (iv) counseling services;
01 (v) education or job training services; 02 (B) any other requirements for successful transition back to the 03 community, including electronic monitoring or furlough for the period between 04 a scheduled parole hearing and parole eligibility; 05 (C) coordination with the Department of Labor and Workforce 06 Development to provide access, after release, to job training and employment 07 assistance; and 08 (D) coordination with community reentry coalitions or other 09 providers of reentry services if available; 10 (10) for offenders under electronic monitoring, establish 11 (A) minimum standards for electronic monitoring, which may 12 include the requirement of active, real-time monitoring using global 13 positioning systems; and 14 (B) procedures for oversight and approving electronic 15 monitoring programs and systems provided by private contractors; 16 (11) make a good faith effort, in consultation with the 17 commissioner of administration, to ensure [ASSIST] a prisoner has [IN 18 OBTAINING] a valid state identification card upon the prisoner's release; if the 19 prisoner does not have a valid state identification card before the prisoner's release, [;] 20 the department shall pay the application fee for the identification card; and 21 (12) provide to the legislature, by electronic means, by January 10 22 preceding the first regular session of each legislature, a report summarizing the 23 findings and results of the program established under (7) of this subsection; the report 24 must include 25 (A) the number of prisoners who were provided with written 26 case plans under (8) of this subsection; 27 (B) the number of written case plans under (8) of this 28 subsection initiated within the preceding year; and 29 (C) the number of written case plans under (8) of this 30 subsection that were updated in the preceding year. 31 * Sec. 4. AS 33.30.015(a) is amended to read:
01 (a) The commissioner may not 02 (1) make per capita expenditures for food for prisoners in a state 03 correctional facility operated by the state that exceed 90 percent of per capita 04 expenditures for food that is available to enlisted personnel in the United States Army 05 stationed in the state; 06 (2) provide, in a state correctional facility operated by the state, 07 (A) living quarters for a prisoner into which the view is 08 obstructed; however, the commissioner is not required to renovate a facility to 09 comply with this subparagraph if the facility is being used as a correctional 10 facility on August 27, 1997, or if the facility was already built before being 11 acquired by the department; 12 (B) equipment or facilities for publishing or broadcasting 13 material the content of which is not subject to prior approval by the department 14 as consistent with keeping order in the institution and prisoner discipline; 15 (C) cable television service other than a level of basic cable 16 television service that is available as a substitute for services that are broadcast 17 to the public in the community in which a correctional facility is located; 18 (3) allow a prisoner held in a state correctional facility operated by the 19 state to 20 (A) possess in the prisoner's cell a cassette tape player or 21 recorder, a video cassette recorder (VCR), or a [COMPUTER OR] modem of 22 any kind; 23 (B) view movies rated "R," "X," or "NC-17"; 24 (C) possess printed or photographic material that 25 (i) is obscene as defined by the commissioner in 26 regulation; 27 (ii) could reasonably be expected to incite racial, ethnic, 28 or religious hatred that is detrimental to the security, good order, or 29 discipline of the institution or violence; 30 (iii) could reasonably be expected to aid in an escape or 31 in the theft or destruction of property;
01 (iv) describes procedures for brewing alcoholic 02 beverages or for manufacturing controlled substances, weapons, or 03 explosives; or 04 (v) could reasonably be expected to facilitate criminal 05 activity or a violation of institution rules; 06 (D) receive instruction in person, or by broadcast medium, or 07 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 08 that, in the commissioner's discretion, would facilitate violent behavior; 09 (E) possess or have access to equipment for use in the activities 10 listed in (D) of this paragraph; 11 (F) possess or have access to free weights; 12 (G) possess in the prisoner's cell a coffee pot, hot plate, 13 appliance or heating element for food preparation, or more than three electrical 14 appliances of any kind; 15 (H) possess or appear in a state of dress, hygiene, grooming, or 16 appearance other than as permitted as uniform or standard in the correctional 17 facility; 18 (I) use a computer other than those approved by the 19 department [CORRECTIONAL FACILITY]; the use of a computer under this 20 subparagraph may be approved to facilitate the prisoner's rehabilitation or 21 the prisoner's compliance with a reentry plan or case plan developed 22 under AS 33.30.011, including use related to [ONLY AS PART OF THE 23 PRISONER'S] employment, education, [OR] vocational training, access to 24 legal reference materials, visitation, or health care and may only [NOT] be 25 used in a manner authorized by the department [FOR ANY OTHER 26 PURPOSE]; 27 (J) smoke or use tobacco products of any kind. 28 * Sec. 5. AS 33.30.095(b) is amended to read: 29 (b) The program established under (a) of this section must include 30 (1) instruction on 31 (A) obtaining state identification if one or more prisoners will
01 not otherwise possess a valid state identification card upon release; 02 (B) community resources available for housing, employment, 03 and treatment; 04 (2) an individualized reentry plan under AS 33.30.011(a)(9) for the 05 prisoner; 06 (3) probation and parole orientation, if appropriate; and 07 (4) a partnership with one or more nonprofit organizations to allow 08 access to a prisoner before the prisoner's discharge, release, or furlough to assist the 09 prisoner with the prisoner's application for Medicaid, social security benefits, public 10 assistance under AS 47.25, and a state identification card or driver's license and 11 provide other programs to assist the prisoner's transition into the community, promote 12 rehabilitation, and reduce recidivism. 13 * Sec. 6. This Act takes effect January 1, 2023.