Legislature(2025 - 2026)

2025-04-30 House Journal

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2025-04-30                     House Journal                      Page 0964
HB 35                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 35                                                                                                           
    "An Act relating to the use and possession of electronic devices by                                                         
    prisoners."                                                                                                                 
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 CRA RPT CS(CRA) 3DP 3AM 461                                                                                                    
 FN1: ZERO(COR) 461                                                                                                             
 STA RPT CS(STA) 5DP 1DNP 1NR 635                                                                                               
 FN1: ZERO(COR) 635                                                                                                             
                                                                                                                                
Representative Kopp moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 35(STA)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    

2025-04-30                     House Journal                      Page 0965
Amendment No. 1 was offered  by Representative Ruffridge:                                                                        
                                                                                                                                
Page 3, line 20:                                                                                                                
    Delete ";"                                                                                                              
    Insert "."                                                                                                                  
                                                                                                                                
Page 3, lines 21 - 26:                                                                                                          
    Delete all material.                                                                                                        
                                                                                                                                
Representative Ruffridge moved and asked unanimous consent that                                                                 
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Himschoot objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 35(STA)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Allard, Bynum, Costello, Coulombe, Elam, Johnson, McCabe,                                                                
Moore, Prax, Rauscher, Ruffridge, Saddler, Schwanke, Stapp, Tilton,                                                             
Tomaszewski, Underwood, Vance                                                                                                   
                                                                                                                                
Nays:  Burke, Carrick, Dibert, Edgmon, Eischeid, Fields, Foster,                                                                
Galvin, Gray, Hall, Hannan, Himschoot, Holland, Jimmie, Josephson,                                                              
Kopp, Mears, Mina, Schrage, Story, Stutes                                                                                       
                                                                                                                                
Excused:  Nelson                                                                                                                
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Ruffridge:                                                                        
                                                                                                                                
Page 2, lines 8 - 13:                                                                                                           
    Delete all material and insert:                                                                                             
                 "(A)  possess in the prisoner's cell a cassette tape                                                           
         player or recorder, [A] video cassette recorder (VCR),                                                                 
         telephone, or computer or electronic tablet [OR A                                                                  
         COMPUTER OR MODEM OF ANY KIND];"                                                                                       

2025-04-30                     House Journal                      Page 0966
Page 3, lines 10 - 19:                                                                                                          
    Delete all material and insert:                                                                                             
                 "(I)  use a computer or electronic tablet other than                                                       
         those approved by the correctional facility; the use of a                                                              
         computer or electronic tablet under this subparagraph may                                                          
         be approved for purposes identified by the commissioner in                                                         
         regulation [ONLY AS PART OF THE PRISONER'S                                                                         
         EMPLOYMENT, EDUCATION, OR VOCATIONAL                                                                                   
         TRAINING] and may not be used as a substitution for in-                                                            
         person visitation, receiving mail, receiving medical                                                               
         services, or other in-person communication [FOR ANY                                                                
         OTHER PURPOSE];"                                                                                                       
                                                                                                                                
Representative Ruffridge moved and asked unanimous consent that                                                                 
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Himschoot objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 35(STA)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Allard, Bynum, Costello, Coulombe, Elam, Johnson, McCabe,                                                                
Moore, Prax, Rauscher, Ruffridge, Saddler, Schwanke, Stapp, Tilton,                                                             
Tomaszewski, Underwood, Vance                                                                                                   
                                                                                                                                
Nays:  Burke, Carrick, Dibert, Edgmon, Eischeid, Fields, Foster,                                                                
Galvin, Gray, Hall, Hannan, Himschoot, Holland, Jimmie, Josephson,                                                              
Kopp, Mears, Mina, Schrage, Story, Stutes                                                                                       
                                                                                                                                
Excused:  Nelson                                                                                                                
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Vance:                                                                            
                                                                                                                                
Page 1, line 1, following "prisoners" (title amendment):                                                                      
    Insert "; and relating to service of sentence by electronic                                                               
monitoring"                                                                                                                   

2025-04-30                     House Journal                      Page 0967
Page 3, following line 22:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 2. AS 33.30.065(d) is amended to read:                                                                                
         (d)  Other than a prisoner for whom payment is required                                                            
    under (e) of this section, the [THE] commissioner may require a                                                         
    prisoner designated to serve a term of imprisonment or a period of                                                          
    temporary confinement by electronic monitoring to pay all or a                                                              
    portion of the costs of the electronic monitoring. The                                                                  
    commissioner may require payment under this subsection [,                                                               
    BUT] only if the prisoner has sufficient financial resources to pay                                                         
    the costs or a portion of the costs.                                                                                        
   * Sec. 3. AS 33.30.065 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (e)  The commissioner shall designate a prisoner to serve the                                                          
    prisoner's term of imprisonment or period of temporary                                                                      
    commitment, or a part of the term or period, by electronic                                                                  
    monitoring provided by a private contractor if                                                                              
             (1)  the prisoner resides outside of an area where                                                                 
    electronic monitoring is provided by the department;                                                                        
             (2)  after considering the criteria listed in (b) of this                                                          
    section, the commissioner determines the prisoner is eligible for                                                           
    electronic monitoring; and                                                                                                  
             (3)  the prisoner pays all costs associated with the                                                               
    electronic monitoring."                                                                                                     
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Vance moved and asked unanimous consent that                                                                     
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Vance moved and asked unanimous consent to                                                                       
withdraw Amendment No. 3. There being no objection, it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Stapp:                                                                            
                                                                                                                                
Page 3, line 20:                                                                                                                
 Delete all material.                                                                                                           

2025-04-30                     House Journal                      Page 0968
Representative Stapp moved and asked unanimous consent that                                                                     
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Hannan objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 35(STA)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  11   NAYS:  28   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Coulombe, Elam, McCabe, Moore, Prax, Rauscher, Ruffridge,                                                                
Stapp, Tilton, Tomaszewski, Underwood                                                                                           
                                                                                                                                
Nays:  Allard, Burke, Bynum, Carrick, Costello, Dibert, Edgmon,                                                                 
Eischeid, Fields, Foster, Galvin, Gray, Hall, Hannan, Himschoot,                                                                
Holland, Jimmie, Johnson, Josephson, Kopp, Mears, Mina, Saddler,                                                                
Schrage, Schwanke, Story, Stutes, Vance                                                                                         
                                                                                                                                
Excused:  Nelson                                                                                                                
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Representative Kopp moved and asked unanimous consent that                                                                      
CSHB 35(STA) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 35(STA) will advance to third reading on the May 2 calendar.