Legislature(2021 - 2022)BUTROVICH 205

05/12/2022 03:30 PM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 234 POLITICAL CONTRIBUTION LIMITS TELECONFERENCED
Scheduled but Not Heard
+= HB 123 STATE RECOGNITION OF TRIBES TELECONFERENCED
Moved SCS HB 123(STA) Out of Committee
+= HB 297 MILITARY MEMBER CHILD PROTECTION TELECONFERENCED
Moved CSHB 297(HSS)(TITLE AM) Out of Committee
+ HB 87 ELECTRIC-ASSISTED BICYCLES TELECONFERENCED
Heard & Held
Uniform Rule 23 Waived
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 47 COUNCIL FOR ALASKA NATIVE LANGUAGES TELECONFERENCED
Scheduled but Not Heard
*+ HB 163 FORM OF SIGNATURE ON VEHICLE TITLE TELECONFERENCED
Heard & Held
*+ HB 118 EXPANDING PRISONER ACCESS TO COMPUTERS TELECONFERENCED
Heard & Held
*+ HB 268 DRIVER'S LICENSE RENEWAL:MILITARY MEMBERS TELECONFERENCED
Heard & Held
**Streamed live on AKL.tv**
         HB 118-EXPANDING PRISONER ACCESS TO COMPUTERS                                                                      
                                                                                                                                
4:04:58 PM                                                                                                                    
CHAIR SHOWER  announced the  consideration of  CS FOR  HOUSE BILL                                                               
NO. 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."                                                                                
                                                                                                                                
4:05:20 PM                                                                                                                    
REPRESENTATIVE    JOHATHAN     KREISS-TOMKINS,    Alaska    State                                                               
Legislature, Juneau, Alaska,  sponsor of HB 118,  stated that the                                                               
bill  is the  result of  informational hearings  the House  State                                                               
Affairs  Committee held  in conjunction  with  the Department  of                                                               
Corrections  to  address  recidivism  and  recidivism  reduction.                                                               
There was complete agreement that it  was in the best interest of                                                               
Alaska  and society  to have  lower rates  of offense  and a  few                                                               
changes   could   promote   that  outcome.   He   continued   the                                                               
introduction  of  HB  118  speaking   to  the  following  sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     The intent  of this bill  is to remove  the restriction                                                                    
     prohibiting a  prisoner from  possessing a  computer in                                                                    
     their  cell,  expanding  access   to  safe  and  secure                                                                    
     internet   for    purposes   of    rehabilitation   and                                                                    
     reintegration,  and   provide  prisoners   with  easier                                                                    
     access to state identification upon release.                                                                               
                                                                                                                                
     HB  118  creates  an  easier  process  of  reentry  and                                                                    
     rehabilitation  for inmates  and  lessens  the risk  of                                                                    
     reoffending.  By allowing  access  to  safe and  secure                                                                    
     internet,   inmates   are   better  able   to   prepare                                                                    
     themselves   for  reentry   into  the   outside  world.                                                                    
     According  to a  study  released by  the Department  of                                                                    
     Justice,  68% of  prisoners are  arrested again  within                                                                    
     three years,  83% during the following  nine years. One                                                                    
     of the  key reasons  for reoffending is  the difficulty                                                                    
     prisoners face securing  employment post incarceration.                                                                    
     Access to  online job training, therapy  and visitation                                                                    
     helps to alleviate the risk of reoffending.                                                                                
                                                                                                                                
     Another important  element of this bill  is it provides                                                                    
     easier  access  to  identification for  prisoners  upon                                                                    
     release,   allowing   them   an  important   tool   for                                                                    
     reintegration.  Both  expanding   internet  access  for                                                                    
     prisoners  and providing  prisoners with  easier access                                                                    
     to state  identification help ease the  difficulties of                                                                    
     reentry and will help to lower the risk of recidivism.                                                                     
                                                                                                                                
CHAIR SHOWER asked if there were questions for the bill sponsor.                                                                
                                                                                                                                
SENATOR COSTELLO  offered her understanding that  the legislature                                                               
had  passed  legislation  that  stipulated  that  anyone  who  is                                                               
released from incarceration will be provided a state ID.                                                                        
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  said he wasn't aware  of that, but                                                               
he  would defer  to  the representative  from  the Department  of                                                               
Corrections (DOC).                                                                                                              
                                                                                                                                
4:08:36 PM                                                                                                                    
KELLY  GOODE, Deputy  Commissioner, Office  of the  Commissioner,                                                               
Department of  Corrections (DOC), Anchorage, Alaska,  stated that                                                               
there  is nothing  in statute  that requires  DOC to  ensure that                                                               
prisoners have obtained a state  ID before they are released from                                                               
prison.  However,   the  department   generally  tries   to  help                                                               
individuals understand the  process for getting a  state ID after                                                               
they're  released. It  is  in  statute that  DOC  must provide  a                                                               
voucher  that  individuals can  take  to  DMV  to pay  for  their                                                               
license or state ID.                                                                                                            
                                                                                                                                
SENATOR KAWASAKI referenced Section 3  and said it looks like the                                                               
existing statute says                                                                                                           
                                                                                                                                
     (a) The commissioner shall                                                                                                 
                                                                                                                                
        (11) assist a  prisoner in  obtaining a  valid state                                                                    
        identification card if the prisoner does  not have a                                                                    
        valid   state   identification   card   before   the                                                                    
        prisoner's release;                                                                                                     
                                                                                                                                
He asked if that is what has  been happening and if HB 118 places                                                               
sideboards on exactly what must be done.                                                                                        
                                                                                                                                
MS. GOODE  offered her view  that it's the opposite.  The "shall"                                                               
in  the existing  language refers  to the  voucher system,  which                                                               
ensures that DOC provides an avenue  for anyone who needs a state                                                               
ID  to receive  one. She  added that  the commissioner  looked at                                                               
this extensively last year and  learned that the number of people                                                               
who are  released and do  not already have  an ID is  very small.                                                               
She  also reminded  the committee  that a  significant number  of                                                               
individuals who  are incarcerated suffer from  mental illness and                                                               
some  of those  individuals will  never want  an ID.  Others have                                                               
alternative IDs that they prefer to use.                                                                                        
                                                                                                                                
MS. GOODE  said she  believes the sponsor's  intent is  to ensure                                                               
that  the   Department  of  Corrections  (DOC)   works  with  the                                                               
Department of  Administration (DOA) to  find more ways  to ensure                                                               
that prisoners being released have IDs if they want one.                                                                        
                                                                                                                                
CHAIR SHOWER requested the sectional analysis.                                                                                  
                                                                                                                                
4:12:34 PM                                                                                                                    
CLAIRE  GROSS,  Staff,  Representative  Jonathon  Kreiss-Tomkins,                                                               
Juneau, Alaska, read  the sectional analysis for  HB 118, version                                                               
I.A into the record.                                                                                                            
                                                                                                                                
     Section 1                                                                                                                
                                                                                                                                
     AS 18.65.310 Identification Cards                                                                                          
                                                                                                                                
     Amends AS  18.65.310 to require that  the Department of                                                                    
     Administration (DOA)  mail a state  identification card                                                                    
     to  a  Department  of Corrections  (DOC)  address  upon                                                                    
     request by an  applicant who is serving  an active term                                                                    
     of imprisonment of more than 120 days.                                                                                     
                                                                                                                                
     Section 2                                                                                                                
                                                                                                                                
     AS  28.15.101   Expiration  and  Renewal   of  Driver's                                                                    
     License                                                                                                                    
                                                                                                                                
     Amends  AS 28.15.101  to require  that the  DOA mail  a                                                                    
     driver's license renewed by mail  to a DOC address upon                                                                    
     request by an  applicant who is serving  an active term                                                                    
     of  imprisonment of  more than  120 days.  This section                                                                    
     does  not  require  the  DOA   to  issue  new  driver's                                                                    
     licenses                                                                                                                   
                                                                                                                                
     Section 3                                                                                                                
                                                                                                                                
     AS 33.30.011 Duties of Commissioner                                                                                        
                                                                                                                                
     Amends  AS 33.30.011  to require  the DOC  Commissioner                                                                    
     and the  DOA Commissioner to  make a good  faith effort                                                                    
     to  ensure   prisoners  serving   an  active   term  of                                                                    
     imprisonment  of  more  than  120  days  have  a  state                                                                    
     identification card upon release.                                                                                          
                                                                                                                                
     Section 4                                                                                                                
                                                                                                                                
     AS 33.30.015 Living Conditions for Prisoners                                                                               
                                                                                                                                
     Amends AS 33.30.015(a) by  deleting the word "computer"                                                                    
     from the  list of items  a prisoner may not  possess in                                                                    
     their cell,  and by adding language  to allow prisoners                                                                    
     to use  a computer  for purposes that  facilitate their                                                                    
     rehabilitation  or compliance  with a  reentry or  case                                                                    
     plan,  for legal  reference  materials, visitation,  or                                                                    
     health care.                                                                                                               
                                                                                                                                
     Section 5                                                                                                                
                                                                                                                                
     AS 33.30.095  Duties of Commissioner Before  Release of                                                                    
     Prisoner                                                                                                                   
                                                                                                                                
     Amends  [AS  33.30.095]  by requiring  the  program  to                                                                    
     provide    instruction    on    obtaining    a    state                                                                    
     identification  if  one  or  more  prisoners  will  not                                                                    
     otherwise  possess a  valid  state identification  card                                                                    
     upon release.                                                                                                              
                                                                                                                                
     Section 6                                                                                                                
                                                                                                                                
     Establishes an effective date of January 1, 2023.                                                                        
                                                                                                                                
CHAIR SHOWER asked Ms. Gross to go over the fiscal note.                                                                        
                                                                                                                                
MS.  GROSS  stated  that  the  Department  of  Corrections  (DOC)                                                               
submitted a zero fiscal note for HB  118. DOC will be able to use                                                               
current technology  to implement the bill.  The analysis includes                                                               
the following statement:                                                                                                        
                                                                                                                                
     Coordination  with DOA  regarding state  identification                                                                    
     cards for  prisoners can also  be accomplished  with no                                                                    
     fiscal impact.  Therefore, a zero fiscal  note is being                                                                    
     submitted.                                                                                                                 
                                                                                                                                
4:15:37 PM                                                                                                                    
CHAIR SHOWER  commented that  it seems as  though there  would be                                                               
some  cost  associated  with additional  computer  use  and  that                                                               
brings up  the need  to ensure  they are  secure and  don't allow                                                               
access to such things as pornography.                                                                                           
                                                                                                                                
He asked Ms. Goode to comment.                                                                                                  
                                                                                                                                
MS. GOODE  said inmates already  have access to computers  in the                                                               
law library  and education rooms.  The bill doesn't  affect those                                                               
computers. The bill addresses a computer  in a cell. The No Frill                                                               
Prisons Act from  the 1990s stated that an inmate  could not have                                                               
a computer in  their cell. DOC does not intend  to have computers                                                               
in cells,  but would like the  ability to offer tablets  that are                                                               
specially made for  inmates. There is no cost  because this would                                                               
go through the procurement process,  and the inmate would pay for                                                               
their use,  unless they  were indigent. In  that case,  DOC would                                                               
pick  up the  cost.  The  system would  be  as  safe as  possible                                                               
because these  special tablets have  an internal  wireless system                                                               
that is managed and monitored. The  idea is to allow an inmate to                                                               
do things from  their cell such as take an  education program, an                                                               
anger  management  program, or  finish  their  GED. The  cost  is                                                               
contained in the program itself.                                                                                                
                                                                                                                                
CHAIR SHOWER  asked who  manages and monitors  the system  and if                                                               
there wouldn't be a cost to go through an RFP to a vender.                                                                      
                                                                                                                                
4:19:15 PM                                                                                                                    
MS.  GOODE   confirmed  that  DOC   would  go  through   the  RFP                                                               
procurement  process.  A number  of  companies  in the  Lower  48                                                               
provide this service.  The cost will be picked up  by the inmates                                                               
who will pay to use the  tablets. DOC has not implemented this in                                                               
the individual  cells but could  have them in  general population                                                               
areas.                                                                                                                          
                                                                                                                                
CHAIR SHOWER asked if the usage was already in the DOC budget.                                                                  
                                                                                                                                
MS.  GOODE answered  no; the  inmates would  pay for  the tablets                                                               
when they pay to use the system.                                                                                                
                                                                                                                                
CHAIR SHOWER asked how the inmates would pay.                                                                                   
                                                                                                                                
MS.  GOODE  replied  that  would   be  determined  based  on  the                                                               
procurement process, but it would  work the same way that inmates                                                               
currently pay for phone calls.                                                                                                  
                                                                                                                                
CHAIR SHOWER asked how the inmates pay.                                                                                         
                                                                                                                                
MS. GOODE  replied there are  several options. Many  inmates work                                                               
at jobs  within the  facility and their  earnings are  booked and                                                               
available for use in the commissary,  to make phone calls, and to                                                               
make orders  that are  within policy.  Many inmates  also receive                                                               
outside funding from any number of sources.                                                                                     
                                                                                                                                
CHAIR SHOWER  said he  assumes that  indigent prisoners  would be                                                               
accommodated.                                                                                                                   
                                                                                                                                
MS.   GOODE  answered   yes,  just   as   indigent  inmates   are                                                               
accommodated now with phone calls.                                                                                              
                                                                                                                                
CHAIR SHOWER remarked that he  believes this is an important part                                                               
of the rehabilitation  process that may help  to lower recidivism                                                               
rates.                                                                                                                          
                                                                                                                                
4:23:13 PM                                                                                                                    
CHAIR  SHOWER  asked  the  sponsor   if  he  had  any  additional                                                               
comments.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  agreed with Ms. Goode  that use of                                                               
these special  tablets would be  handled in  the same way  as the                                                               
prison phone call system, and  that there is precedent from other                                                               
states about the successful use  of these tablets in correctional                                                               
facilities.                                                                                                                     
                                                                                                                                
CHAIR SHOWER asked what percentage  of inmates are anticipated to                                                               
want to  use one of  these special tablets,  and if there  is any                                                               
data on how this may affect recidivism.                                                                                         
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS said that  would be a good question                                                               
for the reentry community.                                                                                                      
                                                                                                                                
CHAIR  SHOWER said  it'd be  nice to  have that  data from  other                                                               
states.                                                                                                                         
                                                                                                                                
He asked Ms.  Goode what percentage of the  prison population DOC                                                               
envisions might take advantage of this program.                                                                                 
                                                                                                                                
MS. GOODE  said she didn't  have any data but  anecdotal evidence                                                               
from other states that have  implemented tablets is that there is                                                               
significant interest. She wasn't  aware of data about recidivism,                                                               
but it's probably a good tool for inmates.                                                                                      
                                                                                                                                
CHAIR SHOWER commented that his  experience going through reentry                                                               
training made  him aware of  how difficult  it is to  succeed and                                                               
how easy it is to fail.                                                                                                         
                                                                                                                                
SENATOR COSTELLO noted the January  1, 2022 effective date needed                                                               
to be updated.                                                                                                                  
                                                                                                                                
4:27:48 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:28:42 PM                                                                                                                    
CHAIR  SHOWER  reconvened   the  meeting  and  held   HB  118  in                                                               
committee.                                                                                                                      

Document Name Date/Time Subjects
W.A.12.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
22-237lme.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
22-126boo.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.8.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.9.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.10.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
W.A.11.pdf SSTA 5/12/2022 3:30:00 PM
HB 234
HB123 B.pdf SSTA 5/12/2022 3:30:00 PM
HB 123
hb297 support Tammie Wilson.pdf SSTA 5/12/2022 3:30:00 PM
HB 297