Legislature(1995 - 1996)
04/26/1996 01:50 PM House FIN
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* first hearing in first committee of referral
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SENATE BILL NO. 175
"An Act relating to correctional institutions and their
administration; providing the Department of Corrections
with the authority to require prisoners to assist in
paying for medical treatment; relating to the authority
of a law enforcement agency to charge a prisoner for
medical costs for a preexisting condition; and relating
to service of criminal sentences."
SENATOR DAVE DONLEY, SPONSOR, spoke on behalf of SB 175. He
maintained that SB 175 is a follow-up for the constitutional
amendment that was approved by the voters in 1994. The
constitutional amendment passed in 1994, dealt with victims
rights and penal administration. The Constitutional
amendment added rights for victims of crime, restitution
from the offender, and community of condemnation to the
criminal administration provisions of the principal of
reformation and protection of the public.
Senator Donley asserted that SB 175 seeks to fill these new
constitutional mandates. According to Senator Donley SB 175
protects the public safety by prohibiting participation or
instruction in martial arts or any other activity that would
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facilitate violent behavior. He maintained that such
activities serve no rehabilitation purpose and can make
prisoners more dangerous. He stated that the prohibition
against body building and weight lifting equipment would
also serve the public safety goal. He noted that these
provisions were removed and asked that they be restored. He
added that SB 175 enhances rehabilitation opportunities for
prisoners by increasing vocational training opportunities in
an effort to increase both the productivity and the number
of inmates in the Correctional Industries Program. He
stated that the community condemnation mandate would be
fulfilled by the removal of "frills" which are currently
available in some Alaskan prisons, such as premium cable
television, compact disc players and possession of
pornographic materials. He noted that the original version
included a ban on video cassette recorders (VCRs) and
personal computers in inmate's individual rooms. He stated
that computers were available in common areas where they can
be used for educational purposes.
Senator Donley emphasized that SB 175 will reduce costs for
prisoner medical expenses. He discussed health care costs
for inmates with catastrophic illness. Senate Bill 175
would allow the Department greater flexibility in granting
"special medical paroles". He observed that the savings
from this provision is impossible to predict. He maintained
that a lot of money could be saved if a few inmates became
seriously ill.
Senator Donley reiterated that he supports computers in
common areas for educational or vocational use.
Senator Donley noted that CSSS SB 175 (FIN)am would provide
for individual televisions in inmate cells as an incentive.
Inmates would have to make restitution to victims, achieve a
high school equivalency diploma and comply with court orders
for drug, alcohol or sex counseling.
In response to a question by Co-Chair Hanley, Senator Donley
clarified that under HCS CSSS SB 175 (JUD), CD players are
banned, VCRs and personal computers are allowed in rooms.
Tape players are allowed under both versions of the bill.
In the House version computers are allowed in cells if they
are only for educational or vocational purposes. The Senate
version bans them in individual cells.
In response to a question by Representative Mulder, Senator
Donley explained that the Department requested that "special
medical paroles" be expanded to cover inmates that would be
restricted to wheel chairs.
Representative Brown MOVED to adopt Amendment 1, 9-LS958\H.6
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(copy on file). Amendment 1 is a technical amendment to
clarify that the commissioner of the Department of
Corrections shall use Alaska farm products and salmon.
Representative Martin asked why prisoners need food as good
as the armed services. Senator Donley noted that the bill
requires that prisoners not receive food better than the
quality or quantity of the army.
Representative Mulder noted that halibut can sometimes be
bought for as little as .49 cents a pound. He noted that
prison officials could not purchase halibut even though it
was the cheapest protein available because it exceed the
guidelines. He recommended that halibut be included.
Representative Martin suggested that "Alaskan seafood" be
used. Senator Donely cautioned that king crab would be
included under Alaskan seafood.
Representative Brown MOVED to amend Amendment 1, insert
"fish" and delete "salmon". There being NO OBJECTION, it
was so ordered. There being NO OBJECTION to the main
amendment, Amendment 1 as amended was adopted.
Representative Brown MOVED to adopt Amendment 2, 9-LS095\H.7
(copy on file). She explained that Amendment 2 would insert
"apparel" on page 4, line 11. There being NO OBJECTION, it
was so ordered.
Representative Brown discussed Amendment 3, 9-LS095\H.8
(copy on file). She noted that Amendment 3 would ban
smoking in prisons by prisoners. She noted that private
facilities would determine whether or not they allow
smoking. Smoking in state facilities could be allowed for
employees in designated areas that are not accessible to
prisoners. She amended the amendment to have an effective
date of July 1, 1997. The effective date change was
recommended by the Department.
Representative Martin noted that the best way to calm a
prisoner down may be to let them smoke. He stated that if a
prisoner kills himself, from smoking, it is cheaper than
capital punishment.
Representative Brown stated that smoking could be considered
a frill. She maintained that smoking is a drug.
Representative Martin suggested that the amendment would be
cruel and unusual punishment. He stressed that there would
be problems with inmates that are forced to stop smoking.
Senator Donley noted that smoking has been banned in Oregon,
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Texas, Kansas and Utah. Four other states have restricted
smoking to designated areas. The legislation would ban
smoking to designated areas without Amendment 3.
Representative Grussendorf spoke against Amendment 3.
A roll call vote was taken on the MOTION to adopt Amendment
3.
IN FAVOR: Navarre, Therriault, Brown, Kohring
OPPOSED: Mulder, Parnell, Grussendorf, Martin, Foster
Co-Chair Hanley and Representative Kelly were absent from
the vote.
The MOTION FAILED (4-5).
Representative Mulder MOVED to adopt Amendment 4, 9-
LS0958\H.1 on behalf of Senator Donley (copy on file).
Senator Donley explained that Amendment 4 would give the
Correctional Industries a say in the additional vocational
training.
Representative Martin expressed support for vocational
training.
JERRY SHRINER, SPECIAL ASSISTANT, DEPARTMENT OF CORRECTIONS
explained that anytime a product or service is produced by
the correctional industries there is an impact on the
community. He noted that the amendment is designed to
address this issue. The Correctional Industries Commission
can determine if there is significant impact to existing
private industry. He noted that there are some federal
programs which require a rehabilitative element. He
stressed that the legislation can provide the rehabilitative
element needed for federal funding. He emphasized that the
Correctional Industries Commission can assure that there are
no negative impacts.
Representative Martin noted that the amendment states that
there will be no impact from vocational training. Senator
Donley observed that there is a difference between offering
vocational training and having the industry in the prison.
Representative Martin expressed concern that the amendment
would limit vocational training opportunities. Discussion
ensued regarding the difference of vocational training and
correctional industries in relation to impacts on
communities. Mr. Shriner stated that he did not think that
the "free venture" laundry service would be prohibited by
the legislation.
Representative Brown agreed with Representative Martin that
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the amendment would limit what vocational training
opportunities would be available. She pointed out that the
amendment requires vocational training to be under the
Correctional Industries Program. She observed that the
Correctional Industries Program can not serve current inmate
demands. She emphasized that there may be self study
programs.
Representative Parnell asked if all vocational training
occurs within Correctional Industries Program. Mr. Shriner
noted that the commissioner of the Department of Corrections
may also provide vocational training under AS 33.30. He
stated that the amendment would not limit the commissioner's
ability to provide vocational training under AS 33.30.
A roll call vote was taken on the MOTION to adopt Amendment
4.
IN FAVOR: Parnell, Mulder, Foster
OPPOSED: Therriault, Brown, Grussendorf, Kohring, Martin
Co-Chair Hanley and Representatives Kelly and Navarre were
absent from the vote.
The MOTION FAILED (3-5).
Representative Mulder MOVED to adopt Amendment 5, 9-
LS0958\H.2, on behalf of the Sponsor (copy on file).
Senator Donley noted that the amendment would prohibit a VCR
or computer in prisoners' cells.
Representative Brown OBJECTED. She stressed the benefit of
computers. She maintained that computers are an important
part of rehabilitation.
Representative Parnell ascertained that there are no state
owned computers in individual cells.
In response to a question by Representative Martin, Mr.
Shriner noted that computers can be used as a reward for
positive behavior. He noted that there are very few
personal computers in individual cells. He observed that
the Department supports the allowance of personal computers
in individual rooms for purposes of education and training.
He stressed that computers are not viewed as a "frill".
A roll call vote was taken on the MOTION to adopt Amendment
5.
IN FAVOR: Therriault, Martin
OPPOSED: Brown, Grussendorf, Navarre, Kohring, Mulder,
Parnell, Foster
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Co-Chair Hanley and Amendment Kelly were absent from the
vote.
The MOTION FAILED (2-7).
(Tape Change, HFC 96-142, Side 2)
Representative Mulder MOVED to adopt Amendment 6, 9-
LS0958\H.3, on behalf of Senator Donley (copy on file).
Representatives Brown and Navarre OBJECTED. Amendment 6
would prohibit body building and weight lifting equipment.
Senator Donley maintained that the public is concerned about
the presence of body building and weight lifting equipment
in prisons. He acknowledged that the majority of this
equipment is paid for by the prisoners. He noted that
aerobic equipment would not be prohibited. He maintained
that inmates coming out of prison are "bulked up and look
mean and nasty." He alleged that these people get out of
prison and intimidate people.
Mr. Shriner stated that the Department supports the
elimination of free weights. He stated that the Department
thinks that inmates tend to do a reasonable amount of
exercise on other Nautilus type equipment. He emphasized
that a reasonable amount of exercise is healthy, mentally
and physically.
Representative Navarre maintained that the use of free
weights and other body building equipment is good. He
emphasized the amount of discipline needed to stick with a
routine. He stressed the benefit to inmate self esteem and
mental and physical discipline. He noted that exercise can
occupy a lot of the inmate's time.
Representative Martin spoke in opposition to Amendment 6.
He echoed remarks regarding the benefit to self esteem and
discipline.
Representative Kelly expressed concern for the safety of
guards from prisoners using body and weight building
equipment. He noted that aerobic training would still be
available.
In response to a question by Representative Therriault, Mr.
Shriner explained that space requirement for the equipment
varies. Representative Therriault pointed out that some
body building equipment monopolizes needed correctional
space.
Senator Donely expressed support for an amendment to
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Amendment 6 to restrict the prohibition to free weights.
Representative Navarre pointed out that free weights can be
used outdoors. He disputed the Sponsor's characterization
that inmates use this equipment to become more intimidating.
Representative Kohring spoke in support of Amendment 6. He
did not think that body building and weight lifting
equipment is appropriate in the prison environment. He
stated that he meant to vote yes on Amendment 5.
Representative Parnell noted constituent concern that
prisons are not health spas. He questioned the state's
contribution. Mr. Shriner stressed that most of the
equipment belongs to inmates or inmate councils.
Representative Therriault spoke in support of the multiple
use of space.
Representative Navarre noted that the commissioner can limit
the use of body building and weight lifting equipment.
A roll call vote was taken on the MOTION to adopt Amendment
6.
IN FAVOR: Therriault, Kelly, Kohring
OPPOSED: Brown, Grussendorf, Navarre, Martin, Mulder,
Parnell, Foster
Co-Chair Hanley was absent from the vote.
The MOTION FAILED (3-7).
Representative Mulder discussed Amendment 7, 9-LS0958\H.5
(copy on file). He referred to Kerr vs. state of Alaska.
He explained that Amendment 7 would provide that the
commissioner shall monitor or record conversations of
prisoners in pretrial status.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW
observed that there has been abuse of the telephone system
by individuals in pretrial status. Calls have been used to
intimidate victims and witnesses. He noted that a new
computerized phone system was suppose to eliminate these
problems by limiting where prisoners can call. The phone
system is not operational. He observed that the Cleary
settlement provides that the State will not monitor phone
calls of pretrial prisoners. Amendment 7 would be contrary
to that court order. If it passes it would provide grounds
for the State to move to set aside this provision of the
Cleary order.
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Representative Parnell questioned how the attorney/client
privilege would be protected. Mr. Guaneli noted that
inmates can call attorneys after cleared. Mr. Shriner noted
that in some facilities recorders are turned off during
calls with attorneys. In others, there are phones without
recorders that are used only for calls to attorneys or the
ombudsman.
Mr. Guaneli stated that it would be rare for an
attorney/client conversation to be monitored. He noted that
a warrant or wirer taping order would be required.
In response to a question by Representative Martin, Mr.
Guaneli noted that courts have absolute immunity for any of
their judicial acts or the consequences of their actions.
He noted prisoners involved in a mail bombing case in Alaska
were not pretrial prisoners. Discussion ensued regarding
the mail bombing case.
Mr. Guaneli noted that the amendment removes the prohibition
against monitoring of pretrial prisoners.
Representative Mulder MOVED to adopt Amendment 7. There
being NO OBJECTION, it was so ordered.
Representative Mulder discussed Amendment 8, 9-LS0958\H.4
(copy on file). He observed that the Department of
Corrections is currently paying for the cost of post
secondary education. The State spends $94.0 thousand
dollars annually for the entire system. There are currently
17 individuals involved. He noted that the State has a
contract with the University of Alaska. The cost would be
the same for additional students.
Representative Therriault asked if for statistical
information regarding recidivism rates as related to
education. Representative Brown noted a study from Texas
which showed a decrease in recidivism the higher the
education level of the prisoner. She maintained that
individuals with a higher education are less likely to
offend again. She spoke against the amendment.
Representative Kelly stressed that there are a lot of
factors involved in recidivism.
Representative Mulder pointed out that the amendment does
not prevent post secondary education from being offered. It
would only prohibit the expenditure of state funds.
Mr. Shriner clarified that the $94.0 thousand dollars paid
to the University of Alaska only gets the service inside the
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prison. Prisoners pay for their own tuition fees, books,
lab fees and other expenses. They must also meet the same
qualifications as other students.
Representative Martin spoke in support of the amendment. He
maintained that the program is being used by those that are
already educated.
Mr. Shriner noted that the expense was the same when 50
persons participated. He added that the Department is
looking at ways to provide the same level of service at a
reduced cost. He noted that not all courses are available
through correspondence.
In response to a question by Representative Therriault, Mr
Shriner clarified that the State spends $94.0 thousand
general fund dollars annually for the service. The per unit
class cost is the same as for other students.
Representative Kohring spoke in support of Amendment 8. He
maintained that the program is a subsidy to inmates.
(Tape Change, HFC 96-143, Side 1)
Mr. Shriner noted that there are more inmates taking
correspondence courses than are taking classes through the
University of Alaska.
Representative Brown spoke against an absolute spending ban.
She stressed that spending can be monitored through the
budget. She stressed that correspondence classes could be
effected by the amendment's prohibition against state
expenditures.
Representative Therriault emphasized that a less costly
delivery of the service should be sought.
Mr. Shriner noted that the drop in participation occurred in
the past two years. He stated that the drop in
participation is a result of a lack of funding for tuition
fees.
Representative Parnell echoed concern that a literal
interpretation of the amendment could restrict the State
from providing a room or VCRs for educational use.
Mr. Guaneli agreed that a literal interpretation could be
limiting. He observed that the amendment is for general
administrative cost and not tuition. He observed that some
inmates taking college courses have been transferred to
Arizona.
Representative Mulder clarified that the contract is
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annually awarded. He WITHDREW Amendment 8.
Representative Martin MOVED to report HCS CSSB 175 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
HCS CSSB 175 (FIN) was reported out of Committee with a "do
pass" recommendation and with three zero fiscal notes; one
by the Department of Health & Social Services, dated
2/14/96; one by the Department of Public Safety, dated
4/1/96; and one by the Department of Corrections, dated
4/1/96.
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