04/16/2024 03:00 PM House STATE AFFAIRS

        HB 330-RESTRICT PRISONER ACCESS DIGITAL DEVICES                                                                     
                                                                                                                                
3:55:50 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced the next  order of business would  be HOUSE                                                               
BILL  NO. 330,  "An Act  relating to  the use  and possession  of                                                               
electronic devices by prisoners."                                                                                               
                                                                                                                                
3:56:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  moved to  adopt  Amendment  1 to  HB  330,                                                               
labeled 33-LS0761\H.2, C. Radford, 4/8/24, which read:                                                                          
                                                                                                                                
     Page 3, line 16, following "purpose":                                                                                      
     Insert "or as a substitution for in-person visitation,                                                                 
     receiving mail, or other in-person communication"                                                                      
                                                                                                                                
REPRESENTATIVE WRIGHT objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE  STORY explained  that  Amendment  1 would  ensure                                                               
that prisoners rights are protected  by allowing them to have the                                                               
option  of receiving  in-person visitation  or mail  and that  an                                                               
electronic  device  would  not   replace  any  sort  of  physical                                                               
correspondence.                                                                                                                 
                                                                                                                                
REPRESENTATIVE WRIGHT asked to hear from the bill sponsor.                                                                      
                                                                                                                                
3:57:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SARAH  VANCE, Alaska  State Legislature,  as prime                                                               
sponsor of HB  330, expressed apprehension to the  wording of the                                                               
proposed amendment  and said it could  inadvertently restrict any                                                               
sort  of   visitation  if  electronic  visitation   is  the  only                                                               
available form of correspondence.                                                                                               
                                                                                                                                
REPRESENTATIVE STORY explained that the  word "or" in Amendment 1                                                               
leaves the use of different types of visitation as options.                                                                     
                                                                                                                                
REPRESENTATIVE   VANCE   responded   that   the   Department   of                                                               
Corrections  (DOC)   had  concerns  about  physical   mail  being                                                               
transmitted from prisons and said  it could be problematic to put                                                               
these rights  into statute if  they already pose  a consternation                                                               
to DOC.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  STORY  said  she  took  great  concern  with  DOC                                                               
wanting to restrict physical mail correspondence.                                                                               
                                                                                                                                
4:01:26 PM                                                                                                                    
                                                                                                                                
APRIL WILKERSON, Deputy  Commissioner, Department of Corrections,                                                               
explained  that DOC  currently has  contraband  issues that  come                                                               
through the mail;  however, it was not the intent  to replace 100                                                               
percent  by  utilizing  the  tablets  for  mail  services.    She                                                               
described it as an enhancement that would be one option of many.                                                                
                                                                                                                                
REPRESENTATIVE STORY stated her  intention was that the amendment                                                               
would strengthen in statute that it could still be allowed.                                                                     
                                                                                                                                
MS.  WILKERSON  replied that  DOC  did  not intend  to  eliminate                                                               
current processes by utilizing the  tablets.  She reiterated that                                                               
the  intention was  to enhance  current operations  by using  the                                                               
tablet for  video visitations or  streaming mail.   She clarified                                                               
that there would  still be mail that would need  to be copied and                                                               
delivered.                                                                                                                      
                                                                                                                                
REPRESENTATIVE STORY stressed that she  did not want tablets used                                                               
as a  substitute for  receiving an  in-person visitation  or mail                                                               
and other communications.                                                                                                       
                                                                                                                                
4:03:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD stated that she was  "not a fan" of HB 330.                                                               
She asked what level offenders would qualify to use tablets.                                                                    
                                                                                                                                
MS. WILKERSON explained  that there would be a  limited aspect of                                                               
the tablets.  They are on  a dedicated network and do not connect                                                               
to  the Internet,  and in  no way  able to  send e-mails  and the                                                               
like.                                                                                                                           
                                                                                                                                
REPRESENTATIVE ALLARD  restated that she  sought to know  at what                                                               
level offenders have access to a tablet.                                                                                        
                                                                                                                                
MS. WILKERSON said the intent was  to get tablets in the hands of                                                               
any  offender and  it is  not based  on conviction  levels.   She                                                               
assured  that security  is being  looked into  currently and  the                                                               
tablet would  not allow the  offender to utilize it  for criminal                                                               
enterprise or connect inappropriately with victims.                                                                             
                                                                                                                                
REPRESENTATIVE  ALLARD  emphasized  her  concern  over  offenders                                                               
having tablets and the possible ramifications.                                                                                  
                                                                                                                                
MS.  WILKERSON  replied  that  solid  infrastructures  are  being                                                               
followed to  ensure the security  of the system, and  she offered                                                               
to  share  information  from  the  vendor  about  their  security                                                               
network.  She  added that everything that would  come through the                                                               
tablet would be tracked, monitored, and recorded.                                                                               
                                                                                                                                
REPRESENTATIVE  ALLARD asked  whether the  tablet would  be safer                                                               
than paper mail.                                                                                                                
                                                                                                                                
MS.  WILKERSON  clarified that  on  a  tablet, mail  generates  a                                                               
different picture than a manual process.                                                                                        
                                                                                                                                
4:08:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT maintained his objection.                                                                                 
                                                                                                                                
4:08:30 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representative Story voted in favor                                                               
of  Amendment  1  to  HB  330.    Representatives  Carpenter,  C.                                                               
Johnson, Allard, Wright,  and Shaw voted against  it.  Therefore,                                                               
Amendment 1 failed by a vote of 1-5.                                                                                            
                                                                                                                                
4:09:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  moved to  adopt  Amendment  2 to  HB  330,                                                               
labeled 33-LS0761\H.3, C. Radford, 4/8/24, which read:                                                                          
                                                                                                                                
     Page 3, line 17, following "kind":                                                                                         
          Insert ";                                                                                                         
               (4)  allow a state correctional facility                                                                     
      operated by the state to charge a fee for electronic                                                                  
     mail or electronic visitation services"                                                                                
                                                                                                                                
     Page 3, following line 17:                                                                                                 
          Insert a new bill section to read:                                                                                    
         "* Sec. 2. The uncodified law of the State of                                                                      
     Alaska is amended by adding a new section to read:                                                                         
      APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1                                                                      
     of this Act, applies to services used by a prisoner on                                                                     
     or after the effective date of this Act."                                                                                  
                                                                                                                                
REPRESENTATIVE WRIGHT requested to hear from the bill sponsor.                                                                  
                                                                                                                                
4:10:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  stated she  agreed that  she does  not want                                                               
exorbitant fees imposed on the offenders;  it is a matter of what                                                               
is fair and  balanced.  She offered her belief  that if Amendment                                                               
2  were adopted,  it would  limit flexibility  as the  department                                                               
works through the pilot program.                                                                                                
                                                                                                                                
REPRESENTATIVE STORY expressed concern  about families on limited                                                               
budgets with loved ones who are incarcerated.                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE referred  to a video that  was played during                                                               
the  introduction  of  HB  330   and  recapped  that  there  were                                                               
companies  that  work in  partnership  with  the vendors  of  the                                                               
tablet who would fund educational  opportunities at no expense to                                                               
the inmate.   She noted there are a variety  of options available                                                               
for different services.                                                                                                         
                                                                                                                                
4:13:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  commented that he  did not want  to see                                                               
inmates or family  members getting charged large  fees, but there                                                               
was value in having a convenience  user fee to participate in the                                                               
system  that would  otherwise be  free if  they were  local.   He                                                               
opined that  more family interactions with  prisoners could occur                                                               
with the tablet.  He stated opposition to Amendment 2.                                                                          
                                                                                                                                
4:14:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  opined  that   criminals  should  not  be                                                               
rewarded  in prison  and should  continue to  pay their  debts to                                                               
society.   When  they are  released is  something different,  she                                                               
said.  She restated that she did not support Amendment 2.                                                                       
                                                                                                                                
4:14:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  requested  to   hear  from  Ms.  Wilkerson                                                               
regarding those  who do  not have funds  to provide  services but                                                               
are charge fees.                                                                                                                
                                                                                                                                
MS. WILKERSON  expounded on the  inmate telephone system  and how                                                               
it is written into a contract.   She further noted that there are                                                               
a number of free calls per week.                                                                                                
                                                                                                                                
4:16:45 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives  Story voted  in                                                               
favor  of  Amendment  2  to  HB  330.    Representatives  Wright,                                                               
Carpenter,  C.  Johnson,  Allard,  and  Shaw  voted  against  it.                                                               
Therefore, Amendment 2 failed to be adopted by a vote of 1-5.                                                                   
                                                                                                                                
4:17:20 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW opened public testimony on HB 330.                                                                                   
                                                                                                                                
4:17:41 PM                                                                                                                    
                                                                                                                                
DON  HABEGAR, Community  Coordinator,  Juneau Reentry  Coalition,                                                               
testified  in  support  HB  330  on behalf  of  himself  and  the                                                               
coalition  and  opined   that  it  is  a   much-needed  piece  of                                                               
legislation.  He  noted the need for access for  the community to                                                               
a facility and certain things  prevent this.  The reentry process                                                               
must have necessary community support,  he said.  He acknowledged                                                               
concerns   about  security,   but   advanced  technology   better                                                               
safeguards the  community, and  he encouraged  the passage  of HB
.                                                                                                                            
                                                                                                                                
4:20:15 PM                                                                                                                    
                                                                                                                                
MARSHA  OSS, Reentry  Coordinator,  Fairbanks Reentry  Coalition,                                                               
said  she supported  the previous  testifier's  statements.   She                                                               
added that HB 330 would  allow DOC increased access to technology                                                               
inside  Alaska's  prisons and  allow  the  department to  provide                                                               
services  to more  individuals,  which would  help address  DOC's                                                               
staffing  challenges.   She  thanked  Representative   Vance  for                                                               
introducing the bill.                                                                                                           
                                                                                                                                
4:22:16 PM                                                                                                                    
                                                                                                                                
CHRIS  DIMOND,  Western  States Carpenters  Union,  testified  in                                                               
support of  HB 330.   He said the  type of curriculum  would give                                                               
inmates  who are  about to  be released  a pathway  to an  actual                                                               
career that could help  them.  The end goal is  to get someone to                                                               
stay out  of prison when they  are released, and these  tools and                                                               
technology should continue to be looked into, he opined.                                                                        
                                                                                                                                
4:23:23 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW,  after ascertaining  no one  else wished  to testify,                                                               
closed public testimony on HB 330.                                                                                              
                                                                                                                                
4:23:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE gave closing  comments.  She recognized many                                                               
of  the concerns  surrounding the  proposed legislation  but said                                                               
she  added  tighter restrictions.    She  noted the  difficulties                                                               
prisoners endure, such as separation  from family, and that there                                                               
must be  better reentry processes.   She pointed out that  page 3                                                               
in  the bill  addressed  many  concerns.   She  said  there is  a                                                               
responsibility from  the state to help  rehabilitate prisoners so                                                               
they  are not  a  burden to  communities and  to  trust that  the                                                               
legislature would make the best decisions moving forward.                                                                       
                                                                                                                                
4:26:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT  moved to  report HB  330 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
4:27:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD objected.                                                                                                 
                                                                                                                                
4:27:42 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Story,  Wright,                                                               
Carpenter, C. Johnson,  and Shaw voted in favor of  moving HB 330                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal  notes.  Representative Allard  voted against                                                               
it.   Therefore,  HB  330 was  reported out  of  the House  State                                                               
Affairs Standing Committee by a vote of 5-1.