Legislature(1995 - 1996)

1996-03-06 Senate Journal

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1996-03-06                     Senate Journal                      Page 2630
SB 175                                                                       
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
175(FIN) am which had been held on reconsideration (page 2570)                 
and placed at the bottom of the calendar (page 2628) was before the            
Senate.                                                                        
                                                                               
Senator Adams moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 6.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Adams offered Amendment No. 6:                                         
                                                                               
On page 3, after line 32 after the word cell; insert the following:            
                                                                               
except if the item is privately purchased and only if                         
the item has been approved by the facility                                     
superintendent for purposes of education, training, or                         
reward for positive behavior;                                                  
                                                                               
Senator Adams moved for the adoption of Amendment No. 6.                       
Senator Donley objected.                                                       

1996-03-06                     Senate Journal                      Page 2631
SB 175                                                                       
The question being: Shall Amendment No. 6 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CS SSSB 175(FIN) am                                                            
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  7   NAYS:  11   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Hoffman, Kelly, Lincoln, Rieger, Zharoff                 
                                                                               
Nays:  Donley, Frank, Green, Halford, Leman, Miller, Pearce,                   
R.Phillips, Sharp, Taylor, Torgerson                                           
                                                                               
Excused:  Ellis, Salo                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
175(FIN) am was automatically in third reading.                                
                                                                               
Senator Donley moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 7.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Donley offered Amendment No. 7:                                        
                                                                               
Page 2, line 10, following "facility":                                     
	Insert "operated by the state"                                            
                                                                               
Page 3, line 9, after "provide":                                               
	Insert "in a state correctional facility operated by the state"               
                                                                               
Page 3, line 28, after "prisoner":                                             
Insert "held in a state correctional facility operated by the                 
state"                                                                         
                                                                               
                                                                               

1996-03-06                     Senate Journal                      Page 2632
SB 175                                                                       
Page 4, following line 21:                                                     
	Insert a new subsection to read:                                              
	"(b)  The commissioner may determine whether the                             
provisions of (a) of this section shall apply to correctional                  
facilities that are not operated by the state and may negotiate                
with a provider of services for the detention and confinement                  
of persons held under authority of state law under contract                    
or agreement whether the work requirements and living                          
conditions set out in (a) of this section shall apply to                       
persons held under authority of state law at a facility                        
operated under contract or agreement."                                         
                                                                               
Senator Donley moved for the adoption of Amendment No. 7.                      
Without objection, Amendment No. 7 was adopted.                                
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
175(FIN) am was automatically in third reading.                                
                                                                               
Senator Donley moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 8.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Donley offered Amendment No. 8:                                        
                                                                               
Page 3, line 31:                                                               
	Delete "a television,"                                                        
                                                                               
Page 4, following line 21:                                                     
	Insert new subsections to read:                                               
	"(b)  On and after January1, 1997, the                                       
commissioner may not allow a prisoner who, under AS                            
33.30.011(2), has been classified as maximum custody, to                       
possess a television in the prisoner's cell.                                   
	(c)  Subject to (d) of this section, on and after                            
January1, 1997, the commissioner may allow a prisoner                          
who,  under AS 33.30.011(2), has been classified as other                      
than maximum custody to possess a television in the                            
prisoner's cell only if the prisoner                                           
                                                                              
                                                                               
                                                                               

1996-03-06                     Senate Journal                      Page 2633
SB 175                                                                       
		(1)  has attained a high school diploma or                                  
general education development diploma or the equivalent;                       
		(2)  is actively engaged in an educational,                                 
vocational training, or employment program;                                    
		(3)  has satisfied all restitution orders                                   
entered by the court as part of the prisoner's sentence and,                   
if applicable, is actively engaged in a treatment plan,                        
counseling, or rehabilitation program ordered by the court as                  
part of the prisoner's sentence; and                                           
		(4)  pays for the expense of providing the                                  
television or cable television service.                                        
	(d) The commissioner shall use appropriate                                   
technology to screen programs received by prisoners under                      
(c) of this section."                                                          
                                                                               
Senator Donley moved for the adoption of Amendment No. 8.                      
Senator Duncan objected.                                                       
                                                                               
The question being: Shall Amendment No. 8 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CS SSSB 175(FIN) am                                                            
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  11   NAYS:  7   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
Nays:  Adams, Duncan, Hoffman, Lincoln, Pearce, Taylor, Zharoff                
                                                                               
Excused:  Ellis, Salo                                                          
                                                                               
and so, Amendment No. 8 was adopted.                                           
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
175(FIN) am was automatically in third reading.                                
                                                                               
Senator Zharoff moved that the bill be returned to second reading for          
the purpose of a specific amendment, that being Amendment No. 9.               
Without objection, the bill was returned to second reading.                    
                                                                               

1996-03-06                     Senate Journal                      Page 2634
SB 175                                                                       
Senator Zharoff offered Amendment No. 9:                                       
                                                                               
Page 3, line 20 after Army:                                                    
Insert: and use Alaska salmon to the greatest extent                          
possible                                                                       
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 9.                     
                                                                               
Senator Leman offered the following amendment to Amendment No.                 
9:                                                                             
                                                                               
In the amendment:                                                              
	delete: possible                                                              
	insert: practicable                                                           
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the amendment to Amendment No. 9.  Without objection, the                   
amendment to Amendment No. 9 was adopted.                                      
                                                                               
Senator Green offered the following second amendment to                        
Amendment No. 9:                                                               
                                                                               
In the amendment, after Alaska:                                                
	Insert: farm products and                                                     
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the second amendment to Amendment No. 9.  Without                  
objection, the second amendment to Amendment No. 9 was adopted.                
                                                                               
Without objection, Amendment No. 9 as amended was adopted.                     
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
175(FIN) am was automatically in third reading.                                
                                                                               
                                                                               

1996-03-06                     Senate Journal                      Page 2635
SB 175                                                                       
The question to be reconsidered: Shall CS FOR SPONSOR                          
SUBSTITUTE FOR SENATE BILL NO. 175(FIN) am An Act                              
relating to correctional institutions and their administration, and to         
services provided to prisoners; amending the definition of `severely           
medically disabled' applicable to prisoners seeking special medical            
parole; and amending provisions of the correctional industries                 
program, and extending the termination date of the Correctional                
Industries Commission and the program pass the Senate?  The roll               
was taken with the following result:                                           
                                                                               
CS SSSB 175(FIN) am                                                            
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  14   NAYS:  4   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller,           
Pearce, R.Phillips, Sharp, Taylor, Torgerson, Zharoff                          
                                                                               
Nays:  Adams, Duncan, Hoffman, Rieger                                          
                                                                               
Excused:  Ellis, Salo                                                          
                                                                               
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL                              
NO. 175(FIN) am passed the Senate on reconsideration and was                   
referred to the Secretary for engrossment.