Legislature(2023 - 2024)BELTZ 105 (TSBldg)
05/07/2024 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HJR18 | |
| HB330 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 330 | TELECONFERENCED | |
| *+ | HJR 18 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 330-RESTRICT PRISONER ACCESS DIGITAL DEVICES
3:53:45 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of HOUSE BILL NO. 330 am "An Act relating to the
use and possession of electronic devices by prisoners; and
relating to prisoner communication reimbursement rates."
3:54:08 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, Juneau, Alaska, presented HB 330. He noted that
this issue has been discussed during previous legislative
sessions. He explained that HB 330 is an attempt to address the
recidivism rate in Alaska. Currently, 60 percent of people will
reoffend within three years of their release. He said this
impacts the victims as well as taxpayers. He stated that HB 330
is a "common sense approach" that would provide tools to the
Department of Corrections and allow for the creation of measures
that would result in decreased recidivism rates.
3:55:20 PM
MR. BALLINGER moved to slide 2 and offered reassurance that HB
330 is not an attempt to be "soft on crime" - though there would
be a benefit to the incarcerated person. He emphasized that the
goal is to benefit society by providing a skillset and
increasing the likelihood of success, thereby decreasing the
recidivism rate. He opined that anything done to address this
issue would be beneficial.
3:55:54 PM
MR. BALLINGER moved to slide 3 and directed attention to a video
demonstrating the potential success of this type of program.
4:00:06 PM
MR. BALLINGER moved to slide 4 and shared the success story of
an individual who participated in a program similar to what is
proposed by HB 330 and run by Amazon.com, Inc. He said that
those who participate in this program are 28 percent more likely
to achieve success. Those who continue on to post-secondary
education are 48 percent less likely to be reincarcerated. He
emphasized that this is very possible if the technology is
available.
4:01:04 PM
MR. BALLINGER moved to slide 5:
[Original punctuation provided.]
PATH TO EMPLOYMENT
Formerly incarcerated people are unemployed at a rate
of over 27 percent - higher than the total U.S.
unemployment rate during any historical period,
including the Great Depression.
4:01:34 PM
MR. BALLINGER moved to slide 6:
[Original punctuation provided.]
BARRIERS TO PARTICIPATION
Among the 57 percent of people in state prisons who
had never participated in educational programming; 18
percent cite never being offered the opportunity.
MR. BALLINGER said that barriers to participation include a lack
of class space, lack of teachers, and a lack of resources to
provide the education. He noted that this occurs in any public
institution but is especially common in prisons.
4:02:11 PM
MR. BALLINGER moved to slide 7 and said that, while many
prisoners have a desire to participate in education, the
aforementioned barriers keep them from accomplishing this goal.
[Original punctuation provided.]
EDUCATIONAL ASPIRATIONS OF PRISONERS
• 70 percent want to participate in education
• 29 percent
• Of the 70 percent, 29 percent want to earn a
certificate from a college or trade school
• 18 percent
• Of the 70 percent, 18 percent want to earn a
certificate from a high school diploma/GED
or an Associate's degree
4:02:36 PM
MR. BALLINGER moved to slide 8:
[Original punctuation provided.]
RETURN ON INVESTMENT IN CORRECTIONAL EDUCATION
For every dollar spent on correctional education, $5
is saved in three-year re-incarceration costs - a 400
percent return on investment (ROI).
MR. BALLINGER noted that HB 330 does not have a fiscal note, as
it does not mandate the Department of Corrections to implement
these programs - it simply removes the barriers that are
currently in place. He acknowledged that if DOC decides to
create a program, costs would be incurred. He stated that there
are opportunities to partner with companies and/or allow a
private vendor to fund the program, which would result in lower
to no costs. He added that the return on the investment would be
high.
4:03:30 PM
MR. BALLINGER explained that previously, legislation was passed
to ensure that prisoners were not getting benefits that were not
readily affordable to those who are not incarcerated. This
included prohibitions on cassette tapes, VCR tapes, and
computers in prison cells. He said that the sponsor agrees that
prisons should not be comfortable and entertaining; therefore,
the entertainment prohibition was maintained in HB 330. He
explained that HB 330 allows for in-cell computer use for very
specific activities.
MR. BALLINGER directed attention to HB 330, page 3, line 12,
which lists the activities the technology (e.g. tablets) can be
used for. This includes prisoner rehabilitation, prisoner's
compliance with a re-entry plan, employment, education,
vocational training, access to legal materials, visitation,
healthcare, or other purposes developed by regulation. He
explained that this ensures that other services can be added and
provides the necessary oversight. He emphasized that the
intention is not for prisoners to be in their cells playing
video games; rather, the intention is to create a pathway for
them to successfully complete their reentry plan and to
experience success once they are released. He noted that several
changes to HB 330 were made on the House floor, including
provisions related to calls, services and technology charges and
costs as well as a provision that disallows state-run
correctional institutions from charging fees for electronic mail
(e-mail) or visitation.
4:06:49 PM
CHAIR KAWASAKI opened invited and public testimony on HB 330.
4:07:13 PM
MARSHA OSS, Coordinator, Fairbanks Reentry Coalition, Fairbanks,
Alaska, testified by invitation on HB 330. She briefly
summarized her work in the corrections and reentry field and
stated that this legislation would allow those involved to
establish a comprehensive plan for release that supports the DOC
release plan requirements, education requirements, and
programming needs. It would also provide support for those
released and thus reduce recidivism rates. She inferred that a
lack of support upon release does not lead to positive outcomes.
She commented that having identification that can be transferred
to a driver's license upon release has also been extremely
valuable, as it creates a smoother release-to-employment
transition. She surmised that some of the training mentioned may
be possible to do - via partnerships - while individuals are
still incarcerated. This would allow inmates to have a job lined
up when they are released. She strongly encouraged support of HB
330 and expressed gratitude to the sponsor.
4:09:50 PM
BOBBY DORTON, Fairbanks Reentry Coalition, Fairbanks, Alaska,
testified in support of HB 330. He said he is on the Advisory
Board on Alcoholism and Drug Abuse (ABADA) and Alaska Mental
Health Board (AMHB). and is a Commissioner for the Alaska
Commission for Behavioral Health Certification (ACBHC). He
briefly shared a personal history that included 14 years in
prison and a successful reentry. He emphasized the importance of
support during this process. He stated that, had he been given
access to a tablet when he was in prison, he would have had two
doctorate degrees upon release - so great was his desire to
learn. He shared that while he took advantage of all the
programs available to him during this time, he was still left
with idle time. He stated that HB 330 would result in safer and
stronger communities. He referred to the Occupational Mentor
Certificate Program (OMCP) in California, which has graduated
700 individuals. He said that graduates of this program are
considered the best counselors in the nation as a result of
their background in prison and substance abuse. He commented
that they also received high scores when testing for NAADAC, the
Association for Addiction Professionals. He said that it is time
to acknowledge that old methods are no longer working and
expressed a desire to make Alaska the best it can be.
4:13:41 PM
SARAH STANLEY, Volunteer, Learning Inside Out Network,
Fairbanks, Alaska, testified in favor of HB 330. She gave a
brief history of her experience teaching writing to inmates. She
indicated that she supports the goal of inmates leaving the
correctional facility better than when they arrived. She
indicated support of inmates' access to planning and prosocial
community networks through the use of safe and secure
technology.
4:15:26 PM
DON HABEGER, Community Coordinator, Juneau Reentry Coalition,
testified in support of HB 330. He said that prisoner access to
digital devices focused on reentry planning is a significant
tool in the community reentry program. He shared the belief that
this increases success, as many elements that lead to reentry
success can be utilized through digital devices. This includes
improved job readiness, education achievement, connection to
healthcare treatments, and the development of prosocial
community connections (e.g. pre-reentry case planning with a
reentry case manager). He added that digital devices would be a
catalyst that would bring a variety of courses to Juneau that
are not currently available here due to location restrictions.
He pointed out that the state's focus on reentry has been
successful and gave an example from the 2023 offender profile,
which includes data related to reduced recidivism.
4:17:57 PM
SENATOR WIELECHOWSKI asked about the current recidivism rates.
MR. HABEGER replied that current recidivism rates (beginning in
2024 and looking back three years) are 54.3 percent.
SENATOR WIELECHOWSKI asked what this drop is attributed to.
MR. HABEGER shared his belief that the drop is the result of the
state's efforts over the past ten years. He emphasized the
importance of making a community effort.
4:19:14 PM
CHAIR KAWASAKI noted that Senator Myers joined the meeting.
CHAIR KAWASAKI asked about the operational details of
implementing HB 330.
4:19:40 PM
APRIL WILKERSON, Deputy Commissioner, Department of Corrections,
answered questions on HB 330. She explained that the department
is currently running two pilot programs utilizing tablets. One
program uses five tablets (each with limited access) to attend
court video hearings. The second program is operating out of the
Highland Mountain Correctional Center with around 350 tablets.
In this case, a vender has deployed a closed network for the
tablets. These tablets are used for attorney visits and
communications, as well as accessing the digital law library and
department policies. She expressed hope that this program can be
used for telehealth, as well. In addition, the tablets could be
used to identify efficiencies. She explained how the tablets
could be used for parole documents. Inmates are also able to
communicate with the superintendent and probation officers. She
added that inmate questions could potentially be transferred to
tablets to increase institutional efficiency.
4:23:05 PM
SENATOR WIELECHOWSKI asked if inmates are allowed to have
telephones or other electronics in their cells.
MS. WILKERSON replied no. She explained that there is a computer
lab that the inmates can use. She added that in the pilot
programs, tablets are allowed in general housing and are not
taken into cells. She said that inmates use kiosk phones that
are not taken into cells.
SENATOR WIELECHOWSKI sought clarification on whether electronic
tablets are already available.
MS. WILKERSON said that the tablets are provided on a limited
basis.
SENATOR WIELECHOWSKI asked why HB 330 is necessary if tablets
are currently available.
MS. WILKERSON answered that currently, the only allowed use for
electronic tablets is education, vocational education, and legal
processes. She explained that HB 330 would expand this to
include telemedicine, telehealth, and would increase efficiency
within the system (e.g. tablets could be used for mail and/or
video visitation).
4:25:54 PM
SENATOR WIELECHOWSKI commented that this would require
purchasing a significant number of tablets and questioned the
zero fiscal note.
MS. WILKERSON explained that there are a variety of mechanisms
and processes that can be utilized to obtain the tablets. She
said that some vendors will provide tablets free of charge and
briefly described this process. She added that increased
departmental efficiency (by using tablets to streamline various
processes) would result in a savings over time, although the
potential amount is not currently known.
4:27:15 PM
SENATOR KAWASAKI asked how the 340 tablets in Highland Mountain
Correctional Center (HMCC) are working.
MS. WILKERSON deferred the question.
4:27:51 PM
JACOB WYCKOFF, Deputy Commissioner, Department of Corrections,
Eagle River, Alaska, said that all the tablets at HMCC are
functioning without issue. He briefly described the ways inmates
use the tablets, including accessing the digital law library,
legal counsel visitation, court hearings, electronic mail, and
internal facility messaging.
4:29:07 PM
CHAIR KAWASAKI asked about the tablet interface.
4:29:51 PM
MR. WYCKOFF replied that there are user-friendly, simple
applications and each inmate has a unique identifier used for
login. This ensures that only the intended person has access to
the device. He added that the applications on each tablet have
been approved by the department.
4:30:31 PM
MS. WILKERSON said that the tablet vendor is diligently working
with the department and is responsive to the shifting needs of
the department. She stated that the pilot program was rolled out
slowly to ensure that department staff were aware of the
security and comfortable with the usage. She added that the
Superintendent works daily with the vendor to ensure that the
program is compliant and that needs are met.
4:31:23 PM
CHAIR KAWASAKI closed public testimony on HB 330.
4:32:08 PM
MR. BALLINGER said that 38 states utilize tablets and education
programming in correctional facilities. He opined that the
department should be able to choose from the available options.
In response to earlier questions, he directed attention to HB
330, page 2, line 11 and explained that this is the beginning of
the list of prohibitions. He noted that, currently, computers
are not allowed in cells. HB 330 would change this, allowing
tablet use in cells - as long as the tabled is used for one of
the approved purposes. He referred to HB 330, page 3, lines 12-
19, which detail the approved uses, and noted that this section
specifies that computers (and digital tablets) "may not be used
for any other purposes." He stated that this is existing
language, which currently allows very limited computer use; HB
330 would expand this to include other uses. He noted that
current statute references "computer" use [which is being
interpreted to include tablet use]. He commented that, while
this is technically accurate, it may not be as clear. He
reiterated that being able to use tablets for these new tasks
will benefit inmates and society by reducing recidivism.
4:34:00 PM
CHAIR KAWASAKI held HB 330 in committee.