Legislature(2021 - 2022)GRUENBERG 120
03/23/2021 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB44 | |
| HB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 44 | TELECONFERENCED | |
| += | HB 118 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 23, 2021
3:01 p.m.
DRAFT
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Matt Claman, Vice Chair
Representative Geran Tarr
Representative Andi Story
Representative Sarah Vance
Representative James Kaufman
Representative David Eastman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 44
"An Act relating to the practice of accounting."
- MOVED CSHB 44(STA) OUT OF COMMITTEE
HOUSE BILL NO. 118
"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."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 44
SHORT TITLE: PRACTICE OF ACCOUNTING; LICENSURE
SPONSOR(s): REPRESENTATIVE(s) THOMPSON
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, L&C
03/11/21 (H) STA AT 3:00 PM GRUENBERG 120
03/11/21 (H) Heard & Held
03/11/21 (H) MINUTE(STA)
03/16/21 (H) STA AT 3:00 PM GRUENBERG 120
03/16/21 (H) Heard & Held
03/16/21 (H) MINUTE(STA)
03/23/21 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 118
SHORT TITLE: EXPANDING PRISONER ACCESS TO COMPUTERS
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
03/01/21 (H) READ THE FIRST TIME - REFERRALS
03/01/21 (H) STA
03/18/21 (H) STA AT 3:00 PM GRUENBERG 120
03/18/21 (H) Heard & Held
03/18/21 (H) MINUTE(STA)
03/23/21 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
LAURA BROOKS, Division Operations Manager
Division of Health and Rehabilitation Services
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Answered questions pertaining to HB 118.
DON HABEGER, Community Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: Answered questions pertaining to HB 118.
KATIE BOTZ
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 118.
CHRISTINA LOVE
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 118.
LINDA SETTERBERG, Community Coordinator
Fairbanks Reentry Coalition
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 118.
CARMEN LOWDRY, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Testified on HB 118.
BARBARA MONGAR, Coalition Coordinator
Mat-Su Reentry Coalition
Mat-Su, Alaska
POSITION STATEMENT: Testified in support of HB 118.
ACTION NARRATIVE
3:01:53 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:01 p.m.
Representatives Claman, Eastman, Story, and Kreiss-Tomkins were
present at the call to order. Representatives Vance, Kaufman,
and Tarr arrived as the meeting was in progress.
HB 44-PRACTICE OF ACCOUNTING; LICENSURE
3:02:40 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 44, "An Act relating to the practice of
accounting." [Before the committee was CSHB 44(STA).]
CHAIR KREISS-TOMKINS invited final comments from the committee.
3:03:27 PM
REPRESENTATIVE STORY stated her support for moving the bill out
of committee.
3:04:03 PM
REPRESENTATIVE EASTMAN drew attention to an outstanding concern
regarding the definition of "reports," which was discussed in a
previous committee hearing. He offered his belief that the
definition of the term is overly broad. He clarified that
committee's intent is not to change the nature of the accounting
practice by broadening the requirements pertaining to the
issuance of reports, as they are no longer limited to financial
statements.
3:05:30 PM
REPRESENTATIVE CLAMAN offered his appreciation to the sponsor
for bringing the bill forward so that standards are maintained
for a profession that many consumers use. Additionally, he
returned attention to the discussion on "may" versus "shall,"
opining that the use of either would not prevent [accountants]
from doing an effective job. In response to Representative
Eastman, he stated his belief that the committee's discussion
reflected that the definition of "report" is consistent with the
scope of reports that accountants traditionally provide in their
practice. He added that the current language in the bill
reflects his intent.
CHAIR KREISS-TOMKINS noted that the fiscal note is $5,300, all
of which is covered by the licensing fees from the [Board of
Public Accountancy].
3:07:48 PM
REPRESENTATIVE CLAMAN moved to report CSHB 44, Version 32-
LS0302\B, Fisher, 3/8/21, out of committee with individual
recommendations and the accompanying fiscal notes. Without
objection, CSHB 44(STA) was moved from the House State Affairs
Standing Committee.
HB 118-EXPANDING PRISONER ACCESS TO COMPUTERS
3:08:10 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 118, "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."
CHAIR KREISS-TOMKINS invited questions from the committee.
3:09:33 PM
REPRESENTATIVE KAUFMAN expressed his continued concern about the
execution of the bill as it pertains to safety and security and
whether [the tablets] could be safely "sandboxed" to mitigate
potential negative effects.
3:10:43 PM
LAURA BROOKS, Division Operations Manager, Division of Health
and Rehabilitation Services, Department of Corrections,
explained that the tablets are created with a multi-layer
security matrix and tested in much larger [facilities] than
Alaska's; additionally, they are equipped with a secure platform
that only allows access to approved content while prohibiting
access to personal settings and the internet. While there are
specific programs that could be downloaded, she said, [the
tablets] would not provide direct access to anything outside the
secure network. She added that the tablets are designed to be
tamper-proof and to meet correctional safety standards.
REPRESENTATIVE KAUFMAN asked whether the tablets are sole
sourced from a specific brand or vendor, or if they are a
commodity item. He inquired about the supply chain.
MS. BROOKS reported that only a handful of vendors supply the
tablets to correctional centers. She reiterated that the
vendors have years of experience with [correctional] systems
larger than Alaska's. She explained that [the tablets] are not
widely accessible, adding that they are built specifically for
the correctional environment by vendors that are familiar with
the safety and security practices of correctional facilities.
REPRESENTATIVE KAUFMAN asked for the name of the supplier.
MS. BROOKS offered to follow up with the requested information.
REPRESENTATIVE EASTMAN sought to clarify whether the tablet
hardware or software is built for the correctional environment.
MS. BROOKS answered both. She explained that the tablets are
designed to be tamper-proof; additionally, the included software
is specific to correctional safety standards.
3:14:13 PM
REPRESENTATIVE EASTMAN inquired about the repercussions of
tampering with a tablet.
MS. BROOKS said currently, there are no policies or procedures
for electronic devices. She conveyed that the department plans
on developing policies specific to the bill. She noted that
there are sanctions and a disciplinary process for inmates that
misuse materials for hobby craft, adding that DOC anticipates
implementing similar policy for the tablets.
3:15:12 PM
REPRESENTATIVE VANCE questioned how the department would
immediately [implement the bill] without the tablets. She also
inquired about the anticipated demand. Additionally, she asked
Ms. Brooks to explain how the bill would work within the prison
system and what the plans are for the future.
MS. BROOKS stated that there are numerous available options,
including paperless access for grievances, commissary requests,
medical requests, and access to medical records. Additionally,
educational content, access to the law library, and e-books.
She said that would all be developed along with policy and
procedure for inmate access. Regarding immediate use, she said
the bill, as it's currently written, would allow the department
to provide additional access. She offered the example of access
to GED services, which would be supervised by staff.
3:17:40 PM
REPRESENTATIVE VANCE inquired about the fiscal impact, asking
how many tablets would be needed.
MS. BROOKS said most of the vendors provide the tablets, which
come with preapproved content and services. She noted that the
fee structures vary depending on the vendor.
3:18:39 PM
REPRESENTATIVE CLAMAN referenced a website, gtl.net, which
professes to transform correctional facilities through
technology. He surmised that there are many businesses that
provide services to the correctional industry nationwide. He
asked if in addition to tablets, there are numerous providers
that focus their services on the correctional industry both
public and private.
MS. BROOKS shared her understanding that there are a number of
vendors that provide a variety of services specific to the
correctional environment whether it be tablets or MP3 players.
She reported that there is a correctional market and vendors who
cater to that niche.
REPRESENTATIVE CLAMAN asked if that holds true for things like
medical services and medical records. He asked if the
department often contracts with vendors that offer specialized
services for corrections.
MS. BROOKS confirmed. She said the department identified the
importance of purchasing an electronic health record that was
not built for a hospital or a clinic. She added that in the
future, the department would look to purchase an electronic
health record that is specific to the correctional environment
to meet specific needs.
REPRESENTATIVE CLAMAN asked if the reason that DOC had not gone
further in implementing computer access for inmates is because
the current statute flatly prohibits it.
MS. BROOKS answered yes, that is a big part of it.
3:21:47 PM
REPRESENTATIVE STORY asked how the tablets would provide inmates
with updated skills for success after release.
MS. BROOKS explained that when DOC works on further developing
its reentry unit or education in its vocational programs, the
department looks to reach the inmates in a variety of ways,
including classroom instruction and self-study materials.
Further, she acknowledged that there are other ways to reach
them via tablet, such as educational courses, instructional
videos, study material, and reentry courses. She shared the
example of videos that show offenders who released to community
successfully and offer first-person advice. She said regular
access to that type of video could be an important part of DOC's
reentry program expansion. Additionally, the department could
assist offenders in applying for Medicaid through the tablet
process, she suggested.
REPRESENTATIVE STORY questioned whether the tablets would have
the capacity to provide vocational skills in the IT field, such
as coding.
MS. BROOKS pointed out that DOC would have to be cautious in
offering IT training. She said many prisoners who have been in
the system for an extended period of time are not familiar with
computers and cannot apply for jobs online. She suggested that
the tablets could help with that by providing a simulated online
job application that could teach them how to fill out
applications for the future.
3:25:42 PM
CHAIR KREISS-TOMKINS characterized correctional facilities as
time capsules, such that people who were incarcerated before
widespread internet access could be reentering into a
digitalized world that is foreign to them. He asked Ms. Brooks
to speak to the reentry of inmates who served longer terms.
MS. BROOKS reflected on inmates, both in custody and released,
who talk about the struggle of transitioning from no electronics
to applying for jobs and scheduling appointments online.
Although the tablets would not allow access to the internet, she
said, there are simulations that could allow practice without
direct access to the internet. She discussed how the tablets
could help inmates recognize future challenges by offering real-
world advice from individuals who had been incarcerated and
overcame obstacles after release.
3:28:27 PM
CHAIR KREISS-TOMKINS asked for a scenario wherein DOC would
provide tablet use for interpersonal communication with the
outside world via text or email.
MS. BROOKS said the department has not entertained that option
at this stage; however, she noted that there are correctional
systems that offer "email-type" access. She explained that the
programs designed for the tablets have an algorithm that is
intended to identify high-risk words and phrases that could be
code or gang related. She said the algorithms are constantly
evolving to ensure that messages are screened and sent to the
correct recipient - similar to the screening of handwritten mail
that leaves facilities. She emphasized that DOC is not ready to
explore that option.
3:30:25 PM
REPRESENTATIVE KAUFMAN asked if the department had considered
any performance metrics that could measure the success of these
programs.
MS. BROOKS maintained that transitioning to paperless requests
could save time for staff and expedite processes. She stated
that there are likely numerous performance indicators that could
identify benefits and efficiencies for the department.
REPRESENTATIVE KAUFMAN urged the department to consider how to
measure the success of inmate release to ensure that the program
is benefiting the department. He suggested considering the big
picture and the desired "core achievement" to ensure that these
programs are delivering benefit for the cost incurred.
3:32:35 PM
CHAIR KREISS-TOMKINS surmised that recidivism would be a key
indicator. He asked if that is correct.
MS. BROOKS replied that [recidivism] is an indicator of numerous
factors. She expressed her hope that if additional education
and reentry services could be provided, recidivism would
decline. She expounded that during the COVID-19 pandemic, DOC
learned that access to outside treatment providers, reentry
coalitions, and case managers is critical. She said without in-
person contact it becomes difficult to connect individuals to
the outside [world].
3:33:51 PM
REPRESENTATIVE TARR expressed her support for the bill. She
related that many neighbors in her district had been impacted by
the criminal justice system. She shared a personal anecdote
about the importance of reentry services. Additionally, she
emphasized that many individuals in state custody are from
disadvantaged backgrounds and were victims themselves; further,
those individuals many have not had opportunities to education,
job training, or resume writing. She opined that to further
deny them the opportunity to make the most of life is wrong.
3:35:58 PM
REPRESENTATIVE STORY inquired about Mr. Habeger's vision for the
tablets.
3:36:34 PM
DON HABEGER, Community Coordinator, Juneau Reentry Coalition,
explained that coalitions are interested in improving state law
to allow for "continued access." He expressed his hope that the
tablets could provide improved access so that interpersonal
connection could be brought to fruition. He offered the example
of helping a releasing inmate to prepare for a job interview,
which could be accomplished through this improved access.
3:38:36 PM
REPRESENTATIVE STORY asked whether the reentry coalitions use
performance metrics to measure success.
MR. HABEGER answered yes. He explained that reentry case
managers work with the Department of Health and Social Services
(DHSS) to track successes [and failures] for each person on
their case loads. He stated his hope that in time, the
coalition would have a robust statewide data set that indicates
what works and what does not.
3:40:27 PM
CHAIR KREISS-TOMKINS opened public testimony.
3:40:54 PM
KATIE BOTZ expressed her opposition to HB 118. She reflected on
her personal experience as a victim of sexual assault and
expressed concern about the possibility of an offender accessing
[the internet] from prison. She stated her belief that if the
tablet security could be bypassed, prisoners would find a way to
do that. Should the bill pass, she recommended that tablet
usage only be allowed in a controlled environment rather than in
individual cells. She urged the legislature to exercise caution
and to be victim oriented.
3:46:18 PM
CHRISTINA LOVE stated her support for HB 118. She reported that
each week, about 10,000 people are released from state and
federal prison facilities in the U.S. She explained that
successful reintegration depends on how quickly one can get
valid identification. She said it's a major hurdle, which has
only become more burdensome during the pandemic. She pointed
out that when people are incarcerated for long terms, the
government ID may no longer be valid upon release. Nonetheless,
identification is needed for basic life necessities, such as
housing, employment, medical care, banking, government benefits,
and food programs. She went on to state that digital technology
in Alaska's prison system has been a huge hurdle for providing
higher education, which is an important factor in prevention.
In conclusion, she reiterated her support for HB 118.
3:48:01 PM
LINDA SETTERBERG, Community Coordinator, Fairbanks Reentry
Coalition, expressed her support for HB 118. She emphasized the
importance of community connection and access to technology for
individuals releasing from incarceration. She reported that
many [prisoners] do not have basic computer skills and are
unable to access treatment providers, telehealth, or zoom
meetings, which can be components of treatment after release.
She shared a personal anecdote about the importance of phone
calls with her son who was incarcerated. She said regular phone
calls helped his mental health. She reported that the Fairbanks
Reentry Coalition's recidivism rate is at 11 percent among the
200 individuals who have participated in its program.
3:50:41 PM
CARMEN LOWDRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), informed the committee
that ANDVSA is the ferally recognized domestic violence and
sexual assault coalition in the state. She added that ANDVSA is
a membership-based organization that is governed by 23
community-based domestic violence and sexual assault agencies.
She expressed support of efforts to ensure that incarcerated
individuals who are reentering communities have the skills,
support, and access to do so [successfully]. She questioned why
the language "and may not be used for any other purpose" was
deleted from [Section 4, Subparagraph (I)]. She shared that
when people leave incarceration, they sometimes attempt to
contact former victims. She shared her belief that the deleted
language was a "safeguard" for victims because it ensured that
the access to tablets would be contained within those areas that
actually facilitated rehabilitation of the case plan. She
recommended keeping that deleted language.
3:54:31 PM
BARBARA MONGAR, Coalition Coordinator, Mat-Su Reentry Coalition,
informed the committee that the Mat-Su Reentry Coalition
consists of a collaboration of individuals, community
stakeholders, nonprofit agencies, and business partners that are
united and committed to reducing recidivism among citizens
returning to the Matsu. She expressed support for the bill
expanding allowable use of inmate access to computers to include
reentry planning, healthcare, visitation, and legal reference
material. She reported that due to COVID-19, case managers'
access to the prisons was cut off. That access, she said, was
to help prisoners start reentry planning, which increased their
chances of success after release.
3:56:09 PM
CHAIR KREISS-TOMKINS closed public testimony. In Response to
Ms. Lowdry's question [pertaining to the deleted language in
Section 4, Subparagraph (I)], he read the following remarks from
DOC:
The language deals with what can be offered in inmate
[sic] via programming. If the language remains, then
the department is restricted to offering the inmates
the programs only listed in the bill. If the language
is removed, then it allows the department to adjust
programming with the times. As you know, things
change all the time, and we would like the flexibility
to do so. It doesn't directly deal with victims and
the department remains vigilant in protecting all
crime victims.
[HB 118 was held over.]
3:58:09 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 3:58
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 44 Legal Services Memo 3-17-2021.pdf |
HL&C 5/3/2021 3:15:00 PM HL&C 5/12/2021 3:15:00 PM HSTA 3/23/2021 3:00:00 PM |
HB 44 |
| HB 118 Letter of Support - Rhoades 3.18.21.pdf |
HSTA 3/23/2021 3:00:00 PM |
HB 118 |
| HB 118 Letter of Support - ANC Reentry Coalition - Pistotnik 3.17.21.pdf |
HSTA 3/23/2021 3:00:00 PM |
HB 118 |
| HB 118 Additional Info - DOC Response to Committee Question 3.22.21.pdf |
HSTA 3/23/2021 3:00:00 PM |
HB 118 |
| HB 44 Fiscal Note DCCED 3.5.21.pdf |
HSTA 3/23/2021 3:00:00 PM |
HB 44 |
| HB 118 Letter of Support - AMHB.ABADA 3.22.21.pdf |
HSTA 3/23/2021 3:00:00 PM |
HB 118 |