05/12/2025 01:30 PM Senate JUDICIARY

         HB  35-PRISONERS: ELECTRONIC DEVICE ACCESS/USE                                                                     
                                                                                                                                
1:52:33 PM                                                                                                                    
CHAIR   CLAMAN  reconvened   the   meeting   and  announced   the                                                               
consideration of CS  FOR HOUSE BILL NO. 35(STA)  "An Act relating                                                               
to the use and possession of electronic devices by prisoners."                                                                  
                                                                                                                                
CHAIR CLAMAN  said that this  is the second  hearing of HB  35 in                                                               
the  Senate Judiciary  Committee. [SCS  CSHB 35,  version T,  was                                                               
adopted on May 7, 2025.] The  intent is to consider adoption of a                                                               
new Senate committee substitute (SCS), version O.                                                                               
                                                                                                                                
1:52:49 PM                                                                                                                    
CHAIR CLAMAN solicited a motion.                                                                                                
                                                                                                                                
1:52:54 PM                                                                                                                    
SENATOR  KIEHL moved  to adopt  the  Senate committee  substitute                                                               
(SCS)  for  CSHB  35,  work order  34-LS0355\O,  as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
1:53:09 PM                                                                                                                    
CHAIR CLAMAN objected for purposes  of discussion. He invited his                                                               
staff to summarize the changes.                                                                                                 
                                                                                                                                
1:53:21 PM                                                                                                                    
BREANNA  KAKARUK,  Staff,  Senator   Matt  Claman,  Alaska  State                                                               
Legislature,  Juneau,   Alaska,  presented  the   Explanation  of                                                               
Changes for HB 35 from version T to version O.                                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                     Explanation of Changes                                                                                   
     House Bill 35: Version T to Version O                                                                                  
                                                                                                                                
     Page 3, lines 16-18:                                                                                                       
          Delete: "or as a substitution for in-person                                                                           
     visitation,    receiving   mail,    receiving   medical                                                                    
     services, or other in-person communication"                                                                                
                                                                                                                                
     Page 2, following line 21:                                                                                                 
          Insert new subsection to read: "(f) The                                                                               
     commissioner may not  replace in-person visitation with                                                                    
     the  use of  a computer  or electronic  tablet. To  the                                                                    
     extent  practicable, the  commissioner may  not replace                                                                    
     an existing  program or service provided  to a prisoner                                                                    
     for the  purpose of  rehabilitation with  the use  of a                                                                    
     computer   or   electronic  tablet   authorized   under                                                                    
     (a)(3)(I)  of this  section. A  computer or  electronic                                                                    
     tablet  may  be used  only  to  supplement an  existing                                                                    
     program or service."                                                                                                       
                                                                                                                                
     Page 3, line 24:                                                                                                           
          Conforming changes.                                                                                                   
                                                                                                                                
1:54:28 PM                                                                                                                    
CHAIR CLAMAN  removed his objection  and SCS CSHB 35,  version O,                                                               
was adopted as the working document.                                                                                            
                                                                                                                                
CHAIR CLAMAN  noted that the superintendent  from Hiland Mountain                                                               
Correctional  Facility  and  the  deputy  commissioner  from  the                                                               
Department  of   Corrections  (DOC)  were  available   to  answer                                                               
questions. He invited committee members to ask questions.                                                                       
                                                                                                                                
1:55:10 PM                                                                                                                    
SENATOR TOBIN  asked about internet literacy  and raised concerns                                                               
about the vulnerability of  incarcerated individuals to phishing,                                                               
identity theft, and  other online risks. She  asked what training                                                               
or  protections  would  be in  place  to  safeguard  incarcerated                                                               
individuals using such devices.                                                                                                 
                                                                                                                                
1:56:07 PM                                                                                                                    
APRIL WILKERSON, Deputy  Commissioner, Department of Corrections,                                                               
Juneau,   Alaska,  sought   clarification,  asking   whether  the                                                               
question  concerned what  DOC  will do  to  prevent phishing  and                                                               
identity  theft for  incarcerated  individuals who  will use  the                                                               
tablets.                                                                                                                        
                                                                                                                                
SENATOR TOBIN answered that is correct.                                                                                         
MS. WILKERSON responded that a  third-party vendor is responsible                                                               
for the  program's system structure  and security.  She explained                                                               
that the  system operates  on a  closed network  and is  not wide                                                               
open to the Internet. She said  security controls are in place to                                                               
flag and identify potential threats.                                                                                            
                                                                                                                                
1:57:30 PM                                                                                                                    
SENATOR  TOBIN  asked  whether   the  department  has  considered                                                               
digital   or   internet   literacy  training   for   incarcerated                                                               
individuals,  noting that  some  individuals may  not have  prior                                                               
experience with  such technology.  She asked whether  there would                                                               
be opportunities  for individuals  to develop those  skills while                                                               
incarcerated.                                                                                                                   
                                                                                                                                
MS. WILKERSON replied that the  vendor supplying the tablets will                                                               
provide  some training  for DOC's  security  staff. The  security                                                               
staff  will,  in turn,  train  the  incarcerated population.  She                                                               
noted that  some individuals  have declined  to use  the tablets,                                                               
but  that   participation  may  increase  through   exposure  and                                                               
training.  She deferred  to Superintendent  Jones for  additional                                                               
information regarding  the implementation of training  within the                                                               
pilot program at Hiland Mountain.                                                                                               
                                                                                                                                
1:58:58 PM                                                                                                                    
BRANDON  JONES,  Superintendent,   Hiland  Mountain  Correctional                                                               
Facility,  Eagle River,  Alaska, replied  that the  department is                                                               
conducting a pilot program  that includes educational programming                                                               
alongside  tablet  use within  the  facility.  He explained  that                                                               
approximately  15 incarcerated  individuals are  participating in                                                               
educational   courses   focused   on   leading   to   employment.                                                               
Educational programming  includes computer skills  literacy, with                                                               
support from education coordinators,  so inmates learn skills and                                                               
build confidence  in using  technology both  during incarceration                                                               
and after release.                                                                                                              
                                                                                                                                
MR. JONES stated that the  facility also provides orientation for                                                               
individuals using tablets  for the first time.  He explained that                                                               
inmate workers,  including librarians and law  librarians, assist                                                               
in  training   others,  and   that  orientation   includes  video                                                               
instruction,  hands-on   tutorials,  and  staff   supervision  to                                                               
support learning.                                                                                                               
                                                                                                                                
2:00:11 PM                                                                                                                    
CHAIR CLAMAN  asked about language  in the  committee substitute,                                                               
specifically  [Section  2,]  subsection (f).  The  last  sentence                                                               
states that "a computer or electronic  tablet may be used only to                                                               
supplement  an existing  program or  service." He  asked how  the                                                               
provision  would   apply  to  a   new  online-only   program  not                                                               
previously  offered  by  DOC,  and  whether  that  would  require                                                               
legislative action to amend the  statute to allow new tablet-only                                                               
programs.                                                                                                                       
                                                                                                                                
MS.  WILKERSON  replied  that  the   department  would  defer  to                                                               
policymakers  and the  Department of  Law for  clarification. She                                                               
expressed her understanding  that the intent of  the provision is                                                               
not  to  limit  programming,  but to  identify  efficiencies  and                                                               
expand  access to  education and  services. She  noted that  some                                                               
providers  are transitioning  to online-only  platforms, and  DOC                                                               
aims to  ensure those  opportunities are not  lost. She  said DOC                                                               
would  work  with the  legislature  to  address situations  where                                                               
tablets may be the only option.                                                                                                 
                                                                                                                                
2:02:19 PM                                                                                                                    
CHAIR CLAMAN held SCS CSHB 35, version 0, in committee.