SCS HB 330(STA): "An Act relating to the use and possession of electronic devices by prisoners; relating to fees charged by correctional facilities; and relating to Department of Corrections vendor contracts."
00 SENATE CS FOR HOUSE BILL NO. 330(STA) 01 "An Act relating to the use and possession of electronic devices by prisoners; relating to 02 fees charged by correctional facilities; and relating to Department of Corrections vendor 03 contracts." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 33.30.015(a) is amended to read: 06 (a) The commissioner may not 07 (1) make per capita expenditures for food for prisoners in a state 08 correctional facility operated by the state that exceed 90 percent of per capita 09 expenditures for food that is available to enlisted personnel in the United States Army 10 stationed in the state; 11 (2) provide, in a state correctional facility operated by the state, 12 (A) living quarters for a prisoner into which the view is 13 obstructed; however, the commissioner is not required to renovate a facility to 14 comply with this subparagraph if the facility is being used as a correctional
01 facility on August 27, 1997, or if the facility was already built before being 02 acquired by the department; 03 (B) equipment or facilities for publishing or broadcasting 04 material the content of which is not subject to prior approval by the department 05 as consistent with keeping order in the institution and prisoner discipline; 06 (C) cable television service other than a level of basic cable 07 television service that is available as a substitute for services that are broadcast 08 to the public in the community in which a correctional facility is located; 09 (3) allow a prisoner held in a state correctional facility operated by the 10 state to 11 (A) possess in the prisoner's cell a 12 (i) cassette tape player or recorder, [A] video cassette 13 recorder (VCR), or telephone; 14 (ii) computer or electronic tablet unless used for a 15 purpose approved under (I) of this paragraph [A COMPUTER OR 16 MODEM OF ANY KIND]; 17 (B) view movies rated "R," "X," [OR] "NC-17," or television 18 shows rated "TV-MA"; 19 (C) possess printed or photographic material that 20 (i) is obscene as defined by the commissioner in 21 regulation; 22 (ii) could reasonably be expected to incite racial, ethnic, 23 or religious hatred that is detrimental to the security, good order, or 24 discipline of the institution or violence; 25 (iii) could reasonably be expected to aid in an escape or 26 in the theft or destruction of property; 27 (iv) describes procedures for brewing alcoholic 28 beverages or for manufacturing controlled substances, weapons, or 29 explosives; or 30 (v) could reasonably be expected to facilitate criminal 31 activity or a violation of institution rules;
01 (D) receive instruction in person, or by broadcast medium, or 02 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 03 that, in the commissioner's discretion, would facilitate violent behavior; 04 (E) possess or have access to equipment for use in the activities 05 listed in (D) of this paragraph; 06 (F) possess or have access to free weights; 07 (G) possess in the prisoner's cell a coffee pot, hot plate, 08 appliance or heating element for food preparation, or more than three electrical 09 appliances of any kind; 10 (H) possess or appear in a state of dress, hygiene, grooming, or 11 appearance other than as permitted as uniform or standard in the correctional 12 facility; 13 (I) use a computer or electronic tablet other than those 14 approved by the correctional facility; the use of a computer or electronic 15 tablet under this subparagraph may be approved only to facilitate the 16 prisoner's rehabilitation or the prisoner's compliance with a reentry plan 17 or case plan developed under AS 33.30.011, as part of the prisoner's 18 employment, education, [OR] vocational training, access to legal reference 19 materials, visitation, or health care, or for another purpose identified by 20 the commissioner in regulation, and may not be used for any other purpose; 21 (J) smoke or use tobacco products of any kind; 22 (4) allow a state correctional facility operated by the state to 23 charge a fee for services offered on an electronic tablet used by an inmate or a 24 non-incarcerated person outside of the facility. 25 * Sec. 2. AS 33.30.231 is amended by adding a new subsection to read: 26 (e) The department may enter into a contract with a for-profit technology 27 vendor only if the contract is determined necessary by the commissioner. A contract 28 between the department and a for-profit technology vendor may not grant the vendor 29 sole authority to determine when a contract terminates or when or how often a device 30 is replaced. 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. (a) 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. 04 (b) AS 33.30.231(e), enacted by sec. 2 of this Act, applies to contracts entered into on 05 or after the effective date of this Act.