Legislature(1995 - 1996)
02/20/1996 09:15 AM Senate FIN
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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 Donley testified on behalf of his bill. This bill
is modeled after the Federal Act named the "no frills"
prison act. Some of the changes were made in order to save
money particularly for those prisoners who have severe
illnesses. At present we pay for them. He referred to
amendment #3 which has a more focused definition regarding
this. (He noted, at this time, that he supported all three
of the amendments.) Additionally some limits are placed
parallel to the current Federal limits in prisons regarding
what prisoners are allowed to have in their possession or
cells and what kind of facilities can be provided to them.
The most important are: denial of access to weight-lifting
equipment; prohibition to more than basic cable T.V.;
prohibition to television in cells; prohibition of computers
in cells; bans on certain types of movies being in their
possession or being viewed. These appear in section four of
the bill and are parallel to the Federal Act. The
Department is allowed some flexibility to engage in
vocational training. This is a real important tool that can
be used to help the prisoners be able to earn a living when
they get out. At the request of the Department, some
authority is added in section 7 to authorize prisoners to
engage in vocational training. There was further discussion
on the three amendments: #1, extension on the prohibition
on televisions to include possession of VCR's and compact
disc players; #2, prohibition on smoking except in
designated areas; #3, fine tunes the severely medical
disabled language. Amendment #1 was MOVED by Senator Donley
and without objection was ADOPTED.
Amendment #2 was MOVED by Senator Donley and testimony
regarding this amendment was given by Mr. Jerry Shriner,
Special Assistant, Office of the Commissioner, Department of
Corrections. There are some facilities where smoking is
banned altogether and other facilities where smoking is
allowed in designated areas only. The decisions were made
by the Superintendent. Without objection Amendment #2 was
ADOPTED.
Senator Donley MOVED amendment #3. Mr. Jerry Shriner
further testified regarding this amendment that during the
past year there were several inmates that were paroled
needing either placement in a nursing home or full time
nursing care at home. This care was covered by medicaid or
medicare. At present anyone being paroled under the new
language could also be paroled under the old. Community
safety could be secured without requiring the parole board
to adhere specifically to the "confined to bed" standard.
Some small groups of individuals could be paroled and save
the department health care money. Co-chairman Frank
inquired as to why there is no positive fiscal note from
Corrections. Mr. Shriner advised that it presently is a
speculative situation as it just depends on the inmates and
their medical needs. Without objection Amendment #3 was
ADOPTED.
Senator Zharoff and Senator Donley discussed briefly
contract and municipal jails. Mr. Dean Guaneli clarified
the matter by stating that municipal jails are not under
State statutes. The definition of correctional facility is
something that is specifically owned or operated by the
Department of Corrections. It is generally known that the
contract facilities do not offer better services than the
state jails. Contract facilities only hold prisoners ten to
fifteen days; others maybe up to thirty days. This is
usually for pre-trial purposes. There would be no conflict
with what this bill seeks to address.
Senator Frank discussed quality and quantity of food in the
jail. Senator Donley advised that the original version of
the bill was the same language which appeared in the Federal
Act which states that the quality and quantity of food
should not exceed what is available if you were in the
military service of the United States. Since the department
could not identify what that standard was they requested
the present standard. There still are some problems. Mr.
Guaneli commented that a standard based on the constitution
has some uncertainty as to what that means. What is
constitutional in one prison may not be constitutional in
another. Judges base their decisions on the totality of
the circumstances. Since our facilities are generally new
we could get by with a lesser quality of food. He referred
to sections 1(a) and (c) and stated that the department
would have to adopt a conservative approach. Senator Frank
felt there should be some review of what is happening and
how the Department could change their behaviour. If there
is going to be a reduction of the "frill" aspect in the
prisons regarding food then there should be some savings
resulting in a positive fiscal note. Senator Donley
concurred with these suggestions. In setting up some
standards the past abuses would be prohibited. Mr. Guaneli
advised there are a number of constitutional provisions that
could be worked under including the standard of what is
nutritious and what will maintain health adequately.
Senator Frank stated that if we are going to pass a bill we
should know what we are passing and maybe get some savings.
(tape SFC-96 #27 switched to side 2)
Senator Donley said a specific provision could be added
stating that the menu shall include not more than two meat
servings a day. Senator Frank would like to see a serious
response from the Department as to what this bill means in
their management and felt that the matter has not been taken
seriously. Senator Donley said that they have been working
with the Department for the last eight months and they are
not really enthusiastic supporters. Senator Frank felt that
this was probably due to the fact that they felt this was
changing their ability to manage. Mr. Guaneli noted that
the Department will have to take certain things into
consideration in adopting to medically prescribed diets and
religious diets.
Senator Frank asked that the Department be put on notice
that a thorough understanding of the overall cost of the
food service and how it would be impacted by this change in
law was needed. He asked further as to what state and
Federal lawsuits have been used to develope standards as to
what is acceptable, constitutional and appropriate. Senator
Donley advised that the Federal Act was basically adjusted
to fit the specifics of the situation here in Alaska.
Almost everything done in the prisons today gets litigated.
A balance must be reached between an aggressive policy and
just letting the prisoners do what they want.
Senator Frank asked about the premium channels on
television. Senator Donley said the judiciary version
allowed basic cable to be paid for by the prisoners. Mr.
Shriner advised that some prisoners have jobs within the
prison and earn sixty to eighty cents per hour, others have
money brought in my relatives. In Palmer, for example, the
inmates paid for the installation of the cable television in
the day room including the service. Senator Donley
explained that preventing prisoners from having televisions
in individual rooms and no cable prohibits them from having
premium cable channels. The reason for allowing the basic
cable service is because the reception in some of the areas
does not work so an allowance was made to allow basic cable
as an alternative to an antenna. The original bill placed a
total ban on cable television but the department felt it
appropriate to at least allow basic cable. Senator Frank
asked about a book list. Senator Donley advised that it
varies from institution to institution what books and how
many you can have. Mr. Shriner advised that libraries are
available in most institutions. There is a good access to
books and magazines. The department has a security problem
with too many books in rooms because contraband can be
hidden in them and they are difficult to search. Senator
Frank also inquired about housekeeping privileges in
individual cells and Mr. Shriner advised that even though
there is no current prohibition from a statutory point of
view on the matter there are none allowed by the
superintendents. No computers are allowed in individual
cells. Senator Donley said that computers raise a lot of
difficulties. Allowing state controlled computers in a
common area for educational purposes is good. All training
can be done in this common room under the watchful eye of
the correctional officer. A computer in an individual cell
will cause a constant security problem. This powerful
entertainment tool is not appropriate in a punishment
situation.
Senator Donley MOVED CSSS SB 175(JUD) with individual
recommendations and without objection the bill is REPORTED
OUT with individual recommendations and zero fiscal notes
from the Department of Health and Social Services and
Department of Corrections.
ADJOURNMENT
The meeting was adjourned at approximately 10:15 A.M.
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