HB 330 am: "An Act relating to the use and possession of electronic devices by prisoners; and relating to prisoner communication reimbursement rates."
00 HOUSE BILL NO. 330 am 01 "An Act relating to the use and possession of electronic devices by prisoners; and 02 relating to prisoner communication reimbursement rates." 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 11 (i) cassette tape player or recorder, [A] video cassette 12 recorder (VCR), or telephone; 13 (ii) computer or electronic tablet unless used for a 14 purpose approved under (I) of this paragraph [A COMPUTER OR 15 MODEM OF ANY KIND]; 16 (B) view movies rated "R," "X," [OR] "NC-17," or television 17 shows rated "TV-MA"; 18 (C) possess printed or photographic material that 19 (i) is obscene as defined by the commissioner in 20 regulation; 21 (ii) could reasonably be expected to incite racial, ethnic, 22 or religious hatred that is detrimental to the security, good order, or 23 discipline of the institution or violence; 24 (iii) could reasonably be expected to aid in an escape or 25 in the theft or destruction of property; 26 (iv) describes procedures for brewing alcoholic 27 beverages or for manufacturing controlled substances, weapons, or 28 explosives; or 29 (v) could reasonably be expected to facilitate criminal 30 activity or a violation of institution rules; 31 (D) receive instruction in person, or by broadcast medium, or
01 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 02 that, in the commissioner's discretion, would facilitate violent behavior; 03 (E) possess or have access to equipment for use in the activities 04 listed in (D) of this paragraph; 05 (F) possess or have access to free weights; 06 (G) possess in the prisoner's cell a coffee pot, hot plate, 07 appliance or heating element for food preparation, or more than three electrical 08 appliances of any kind; 09 (H) possess or appear in a state of dress, hygiene, grooming, or 10 appearance other than as permitted as uniform or standard in the correctional 11 facility; 12 (I) use a computer or electronic tablet other than those 13 approved by the correctional facility; the use of a computer or electronic 14 tablet under this subparagraph may be approved only to facilitate the 15 prisoner's rehabilitation or the prisoner's compliance with a reentry plan 16 or case plan developed under AS 33.30.011, as part of the prisoner's 17 employment, education, [OR] vocational training, access to legal reference 18 materials, visitation, or health care, or for another purpose identified by 19 the commissioner in regulation, and may not be used for any other purpose; 20 (J) smoke or use tobacco products of any kind; 21 (4) allow a state correctional facility operated by the state to 22 charge a fee for electronic mail or electronic visitation services. 23 * Sec. 2. AS 33.30.231 is amended by adding a new subsection to read: 24 (e) The commissioner may not set the rate of reimbursement for the use of a 25 telephone, a form of digital communication, or an electronic visitation service by a 26 prisoner at a rate that exceeds the cost of service. 27 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. AS 33.30.231(e), enacted by sec. 2 of this Act, applies to costs 30 incurred on or after the effective date of this Act. 31 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1 of this Act, applies to 03 services used by a prisoner on or after the effective date of this Act.