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