02/25/2025 09:00 AM House COMMUNITY & REGIONAL AFFAIRS

         HB  35-PRISONERS: ELECTRONIC DEVICE ACCESS/USE                                                                     
                                                                                                                                
9:13:18 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HIMSCHOOT announced  that  the only  order of  business                                                               
would  be HOUSE  BILL NO.  35, "An  Act relating  to the  use and                                                               
possession of electronic devices by prisoners."                                                                                 
                                                                                                                                
9:13:44 AM                                                                                                                    
                                                                                                                                
CO-CHAIR MEARS  moved to adopt the  proposed committee substitute                                                               
(CS) for HB 35, Version  34-LS0355\I, C. Radford, 2/22/25, as the                                                               
working document.                                                                                                               
                                                                                                                                
CO-CHAIR HIMSCHOOT objected for the purpose of discussion.                                                                      
                                                                                                                                
9:14:16 AM                                                                                                                    
                                                                                                                                
ELLA  LUBIN,  Staff,  Representative  Rebecca  Himschoot,  Alaska                                                               
State Legislature,  presented the changes  in Version I  from the                                                               
written  explanation  of  changes   [included  in  the  committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     In the  CS relating  to the  use of  electronic devices                                                                    
     for HB  35, page 3 lines  12 -17 have been  modified to                                                                    
     clarify the justifications  behind allowable electronic                                                                    
     device   use.  Use   of  electronic   devices  is   not                                                                    
     restricted  for access  relating  to rehabilitation  or                                                                    
     compliance with  reentry and case plans.  Otherwise, HB
 remains unchanged.                                                                                                      
                                                                                                                                
     HB 35 version I includes three revisions:                                                                                  
                                                                                                                                
          •  Specifies compliance  with  a  reentry plan  or                                                                    
          case  plan  as one  of  the  allowable uses.  This                                                                    
          clarifies   that   prisoner's  rehabilitation   is                                                                    
          included as one of  the other allowable uses along                                                                    
          with many  others, like access to  legal reference                                                                    
          materials,  telehealth  services,  and  visitation                                                                    
          opportunities, etc.                                                                                                   
          •  "Only" is  removed in  order to  clarify intent                                                                    
          and  broaden  acceptable  reasons  for  electronic                                                                    
          device usage.                                                                                                         
          • "And may not be  used for another purpose" (page                                                                    
          3,  line 17)  is removed,  allowing devices  to be                                                                    
          used for other purposes not specified.                                                                                
                                                                                                                                
9:16:50 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:16 a.m. to 9:19 a.m.                                                                       
                                                                                                                                
9:19:40 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HIMSCHOOT   sought  questions   from  members   of  the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HOLLAND  asked whether  the new language  had been                                                               
reviewed by the department.                                                                                                     
                                                                                                                                
9:20:19 AM                                                                                                                    
                                                                                                                                
APRIL WILKERSON,  Deputy Commissioner, Department  of Corrections                                                               
(DOC), responded yes,  and said the new language  would allow DOC                                                               
through  regulations to  implement the  intended efficiencies  of                                                               
the tablet program.                                                                                                             
                                                                                                                                
9:20:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE suggested  removing subparagraph (I) [on                                                               
page 3 of the bill] entirely.                                                                                                   
                                                                                                                                
MS. WILKERSON said that would be a policy call.                                                                                 
                                                                                                                                
REPRESENTATIVE  HOLLAND shared  his  understanding that  removing                                                               
subparagraph I  would require further clarification  of paragraph                                                               
(3)  [on page  2].   He said  he was  happy with  the flexibility                                                               
offered by Version I.                                                                                                           
                                                                                                                                
9:22:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked whether  the change in  DOC regulation                                                               
would require public notification.                                                                                              
                                                                                                                                
MS.  WILKERSON  answered yes,  the  department  would follow  the                                                               
normal regulation process.   In response to a  follow up comment,                                                               
she said DOC works with the  Department of Law (DOL) on a regular                                                               
basis on regulation updates.                                                                                                    
                                                                                                                                
CO-CHAIR HIMSCHOOT removed her objection.                                                                                       
                                                                                                                                
9:24:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX objected.                                                                                                   
                                                                                                                                
9:25:17 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:25 a.m.                                                                                 
                                                                                                                                
9:25:57 AM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Hall,  Holland,                                                               
Himschoot, and Mears voted in favor  of adopting Version I as the                                                               
working  document.    Representatives Prax  and  Ruffridge  voted                                                               
against it.  Therefore, Version I was adopted by a vote of 4-2.                                                                 
                                                                                                                                
9:26:42 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease 9:26 a.m.                                                                                    
                                                                                                                                
[Co-Chair Himschoot passed the gavel to Co-Chair Mears.]                                                                        
                                                                                                                                
9:27:30 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HIMSCHOOT said  Version I  would clarify  language that                                                               
seemingly tied  the use of  the tablets to  a reentry plan.   The                                                               
current version of  the bill would give more latitude  to the DOC                                                               
commissioner  and allow  individuals without  a reentry  plan and                                                               
those on pretrial to use  the tablets for visitation, telehealth,                                                               
reentry plans, and education, thereby broadening their use.                                                                     
                                                                                                                                
9:28:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE said he had  hoped that tablet use would                                                               
be contingent  upon a reentry  plan.   He asked whether  the bill                                                               
would  allow  for   open  use  of  tablets   inside  an  inmate's                                                               
individual cell,  including for  entertainment purposes,  such as                                                               
movies, TV shows, and music.                                                                                                    
                                                                                                                                
CO-CHAIR  HIMSCHOOT shared  her  understanding that  none of  the                                                               
tablets are allowed  to be used in  the cells.  She  asked him to                                                               
repeat the question.                                                                                                            
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE,  referring to  sub-subparagraph  (ii),                                                               
contended  that the  bill would  allow  the use  of computers  or                                                               
electronic tablets  inside the  prisoner's cell  as long  as it's                                                               
used for the purposes approved under subparagraph (I).                                                                          
                                                                                                                                
CO-CHAIR  HIMSCHOOT agreed.    She clarified  that  the bill  was                                                               
never   intended  [to   allow  for   tablets  to   be  used   for                                                               
entertainment purposes in the individual cells].                                                                                
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  questioned  the  requirements  of  the                                                               
pilot  program  at  the  Highland  Mountain  Correctional  Center                                                               
(HMCC).                                                                                                                         
                                                                                                                                
CO-CHAIR HIMSCHOOT deferred to Ms. Wilkerson.                                                                                   
                                                                                                                                
9:32:41 AM                                                                                                                    
                                                                                                                                
MS.  WILKERSON  explained  that  the  pilot  program  allows  for                                                               
professional  visitation and  access to  the digital  law library                                                               
and the  inmate handbook, as well  as a platform specific  to the                                                               
Alaska  Court System  (ACS), which  has not  been utilized.   The                                                               
tablets  are   also  used  to  deploy   communications  from  the                                                               
superintendent   to  the   prison  population.     Requests   for                                                               
information (RFI),  grievances, and  other inquiries can  also be                                                               
made on  the tablets.   She added  that movies, games,  and music                                                               
are not available on the tablets at this time.                                                                                  
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  sought to confirm that  the tablets are                                                               
not currently used for video visitation.                                                                                        
                                                                                                                                
MS. WILKERSON  said that  is correct, as  Alaska statutes  do not                                                               
allow  for  video  visitation.   She  added  that  education  and                                                               
telehealth are also being considered on a limited basis.                                                                        
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  asked why  inmates would choose  to use                                                               
the  tablets if  they only  provide  access to  [the digital  law                                                               
library],   the   inmate   handbook,  or   RFIs   and   grievance                                                               
submissions.                                                                                                                    
                                                                                                                                
MS. WILKERSON did not know the answer.                                                                                          
                                                                                                                                
9:38:17 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:38 a.m.                                                                                 
                                                                                                                                
[Co-Chair Mears passed the gavel back to Co-Chair Himschoot.]                                                                   
                                                                                                                                
9:39:14 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HIMSCHOOT opened public testimony on HB 35.                                                                            
                                                                                                                                
9:39:49 AM                                                                                                                    
                                                                                                                                
BARBARA  MONGAR,  Matsu   Regional  Coordinator,  Alaska  Reentry                                                               
Partnership,   shared   background    on   the   Alaska   Reentry                                                               
Partnership.   She said  the bill would  help to  remove barriers                                                               
that restrict inmates from using  electronic devices for improved                                                               
access  to  rehabilitative  programming   and  activities.    She                                                               
expressed further support  for DOC's efforts to  expand access to                                                               
digital  technology.   She said  early access  to services  would                                                               
improve  the  likelihood  of successful  reintegration  into  the                                                               
community.                                                                                                                      
                                                                                                                                
9:42:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  asked  how these  tablets  would  help                                                               
someone reintegrate into the community.                                                                                         
                                                                                                                                
MS.  MONGAR  said  they would  help  with  treatment,  vocational                                                               
classes, and  to facilitate contact  with case managers  prior to                                                               
release.                                                                                                                        
                                                                                                                                
9:44:24 AM                                                                                                                    
                                                                                                                                
BOBBY  DORTON, Consultant,  Healing  Homes,  shared his  personal                                                               
story and recounted  his experience with the justice  system.  He                                                               
shared his  professional background  after releasing  from prison                                                               
and said  the tablets  would allow individuals  to find  a career                                                               
while in  prison.  He said  the tablets would have  furthered his                                                               
education  significantly   and  would  help  people   find  their                                                               
purpose.                                                                                                                        
                                                                                                                                
9:50:10 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HIMSCHOOT gave closing remarks.                                                                                        
                                                                                                                                
[HB 35 was held over.]