Legislature(1997 - 1998)

01/22/1997 01:38 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 SB   1 "NO FRILLS" PRISON ACT                                
                                                                              
  SENATOR DAVE DONLEY , sponsor of the measure, gave the following             
 overview.  SB 1 is almost identical to the "No Frills Prison Act"             
 that passed the Senate last session.  It contains two additional              
 sections: one section adds a fee (approximately $2) to cover the              
 electricity costs of using personal appliances in cells; and the              
 other section fixes into statute a fee for sick calls.  Senator               
 Donley recommended deleting that section because the Department of            
 Corrections (DOC) recently adopted a regulation requiring a sick              
 call fee.                                                                     
                                                                               
  SENATOR DONLEY  explained SB 1 limits frills that prisoners                  
 currently enjoy in our prisons.  The limitations contained in SB 1            
 fall under the community condemnation provision added to the Alaska           
 Constitution in 1994 by voters. SB 1 prohibits premium cable TV in            
 individual prisoners' rooms.  To get a private TV in one's room,              
 prisoners would have to: obtain a high school or GED diploma; be              
 actively engaged in an educational, vocational training or                    
 employment program; have satisfied all restitution orders entered             
 by the court; participate in treatment or rehabilitation programs             
 ordered by the court; and pay for television and cable service.               
                                                                               
  SENATOR DONLEY  described an amendment proposed by DOC which would           
 waive the GED requirement for prisoners who have developmental or             
 other mental disabilities.  That waiver was contained in the House            
 version of the "No Frills Prison Act" that passed last session.               
 Those prisoners would have to meet all other requirements and would           
 have to be making an effort to get some type of education or                  
 training.    Senator Donley believes the privilege of having a                
 private television in a prison cell can be used as an effective               
 incentive to get prisoners to comply with court orders to attend              
 training, treatment or rehabilitation programs.                               
                                                                               
  SENATOR DONLEY  reviewed other proposed amendments.  The first               
 amendment allows compact disc players in prisons but prohibits                
 audio cassette players.  Prison guards originally believed compact            
 disc players in prison cells could pose a danger, however that has            
 not been the case.  Instead, prisoners have become adept at using             
 audio cassettes and players to smuggle contraband or make other               
 types of tools.  Another amendment incorporates a Department of Law           
 (DOL) request to use a more standard definition of pornographic               
 materials.  A third amendment shifts some of the costs for                    
 terminally ill prisoners from the state to the federal government.            
 Currently, the state is obligated to pay all health care costs of             
 prisoners in the state system.  The federal government picks up at            
 least 50 percent of medical costs for other prisoners.  Several               
 years ago the legislature made an attempt to give DOC the                     
 discretion to furlough terminally ill prisoners who pose no                   
 physical danger to anyone so that the federal government would                
 share the medical costs, however because of the way that provision            
 was written, prisoners have to be completely incapacitated to be              
 eligible for furlough.  The amendment liberalizes the definition              
 with the intent of including a few more cases per year.  Although             
 the incidences of these cases are few, the medical costs are                  
 significant.                                                                  
                                                                               
  SENATOR DONLEY  continued.  SB 1 contains a provision to enhance the         
 authority of the DOC to provide vocational training to reduce the             
 recidivism rate by providing prisoners with skills to earn a living           
 without committing crimes.                                                    
                                                                               
 Number 217                                                                    
                                                                               
  SENATOR PEARCE  asked how the restrictions in SB 1 would apply to            
 CRC beds in contracted facilities in other states or in a federal             
 facility, if one existed in Alaska.   SENATOR DONLEY  replied the             
 bill gives the Commissioner the discretion to apply the                       
 restrictions to prisons outside the state system.  He supports this           
 method because most of these restrictions already exist in the                
 Arizona prison and it allows private institutions to use creative             
 solutions.  For example, Alaska prisons must contain an extensive             
 law library under the Cleary decision; the Arizona prison contracts           
 with an attorney to advise prisoners, which is less expensive.                
                                                                               
 Number 245                                                                    
                                                                               
  CHAIRMAN TAYLOR  commented Arizona is unique in that all prisons are         
 located in one town, therefore one attorney could provide services            
 to all prisons in that area.  He felt DOC could enter into small              
 contracts with attorneys in the communities with prisons to provide           
 legal services.                                                               
                                                                               
  SENATOR DONLEY  clarified the Cleary decision specifically requires          
 a law library be provided in prisons in Alaska.                               
                                                                               
  CHAIRMAN TAYLOR  questioned how the Cleary decision could be                 
 revisited.   SENATOR DONLEY  responded that subject was discussed by          
 the Senate Finance Committee during the DOC overview.  One attorney           
 believed a statutory or constitutional change would be necessary,             
 thus creating a condition that was not anticipated at the time of             
 the Cleary decision.  The Cleary decision has unusual language in             
 that it prohibits renegotiation unless a substantial change in the            
 subject matter exists.  If actual statutes changed, as SB 1 would             
 do, or constitutional questions changed, those changes would be               
 substantial enough to qualify for renegotiation.                              
                                                                               
 Number 270                                                                    
                                                                               
  SENATOR PEARCE  stated during the DOC overview before the Senate             
 Finance Committee it came to light the Attorney General for the               
 current and previous Governor made a personal decision to not                 
 request the Court System to review, and perhaps renegotiate, the              
 Cleary settlement.                                                            
                                                                               
  SENATOR DONLEY  pointed out approximately two years ago the Supreme          
 Court addressed the issue of state agreements of this type.  The              
 decision set up criteria requiring a substantial change in the                
 subject matter.  If there is a substantial change, another state              
 would be allowed to renegotiate the terms.                                    
                                                                               
 Number 299                                                                    
                                                                               
  SENATOR PARNELL  asked whether committee members can request that            
 witnesses return before the committee for later questions.                    
  CHAIRMAN TAYLOR  responded affirmatively, as long as the request is          
 made in good faith.                                                           
                                                                               
  SENATOR PARNELL  asked Senator Donley what prompted him to introduce         
 the bill.   SENATOR DONLEY  replied he got the idea from a federal            
 bill which contains more draconian restrictions than SB 1.                    
 Additionally, media stories have exposed incidental services                  
 provided in prisons and created public tension.  Over the years,              
 due to budget cutbacks, DOC has attempted to decrease problems with           
 prisoners by being generous when possible.  He believed that to be            
 a reasonable course of action by prison administrators who are                
 trying to minimize problems within prisons, however it is not a               
 reasonable course of action from the general public's point of                
 view. SB 1 was designed to strike a balance between the two views.            
 The public resents prisoners receiving services, such as premium              
 cable, in prison, when they cannot afford it themselves.                      
                                                                               
 Number 339                                                                    
                                                                               
  SENATOR PARNELL  asked who pays for cable television.   SENATOR              
 DONLEY  noted the state does not pay for premium cable television,            
 but does allow it.  He felt the problem is the vast majority of               
 prisoners, other than drug offenders, committed a violent crime.              
 The question becomes whether current prison conditions provide an             
 appropriate punishment for those types of offenses.                           
                                                                               
  SENATOR PARNELL  agreed a balance needs to be found, but was                 
 concerned that the committee make sure to address reality rather              
 than perception.  He referred to page 4, lines 12-17, which                   
 prohibits prisoners from engaging in boxing, wrestling, judo,                 
 karate, or other martial arts, and bodybuilding, and questioned               
 Senator Donley's opposition to prisoners doing push-ups as a                  
 bodybuilding exercise.   SENATOR DONLEY  responded he has offered a           
 proposal to the committee to delete the bodybuilding reference in             
 the bill.  His main concern is that martial arts activities in                
 prisons are not used to foster self confidence and self esteem, but           
 are used to improve one's predatory abilities.                                
                                                                               
 Number 367                                                                    
                                                                               
  SENATOR PARNELL  asked Senator Donley whether he also planned to             
 propose the removal of the prohibition on free weights.   SENATOR             
 DONLEY  felt free weights should be banned because they can be used           
 as weapons, but stationary exercise equipment should be permitted.            
                                                                               
  SENATOR PARNELL  questioned the need to ban coffee pots and other            
 cooking appliances in cells.   SENATOR DONLEY  responded those                
 appliances pose a danger when used in confined areas, and prisoners           
 tend to find other creative uses for those appliances.  Once                  
 prisoners have such appliances, it is difficult to remove them                
 through any method other than the statutory process.                          
                                                                               
  SENATOR PARNELL  referred to page 5, line 3, which allows the                
 Commissioner to prohibit a maximum custody prisoner to have a                 
 television in his/her cell, and asked what types of offenders are             
 in maximum custody.   SENATOR DONLEY  answered the prison system has          
 three levels of custody: minimum, medium, and maximum security.  A            
 prisoner who was incarcerated for a relatively minor offense can be           
 transferred to a higher level of security if that prisoner has hurt           
 other prisoners or has tried to escape.  The security level is not            
 always based on the original offense, but on the perceived risk the           
 prisoner presents.                                                            
                                                                               
 Number 400                                                                    
                                                                               
  SENATOR PARNELL  asked whether maximum custody prisoners circulate           
 among prisoners at other security levels.   SENATOR DONLEY  replied           
 they do circulate among other security level prisoners in common              
 areas, which is where entertainment facilities are located.                   
                                                                               
  SENATOR PARNELL  asked whether Senator Donley planned to remove the          
 fee for medical services.   SENATOR DONLEY  replied affirmatively,            
 because the DOC regulation was well crafted.                                  
                                                                               
 Number 420                                                                    
                                                                               
  CHAIRMAN TAYLOR  discussed a different approach used by the warden           
 of an Arizona prison.  The warden purchased, under court order,               
 three television sets for prisoners and three videos of classic               
 stories.  A federal judge then required the prison to provide live            
 television, therefore the warden allowed prisoners to watch the               
 news, an educational channel, and the Phoenix City Council                    
 televised meetings.  The warden also banned cigarettes and coffee.            
 He asked why Alaska does not impose similar restrictions on coffee            
 and tobacco products, and the types of television programs made               
 available.                                                                    
                                                                               
  SENATOR DONLEY  clarified SB 1 bans the use of tobacco products.             
 DOC has banned tobacco in eight facilities and is moving toward a             
 ban in all facilities.  At least two states that have imposed a               
 tobacco ban have had positive results.  The State of Georgia banned           
 tobacco products but lifted the ban because of difficulties.  SB 1            
 gives DOC a couple of years to implement the ban.  Because the                
 state is responsible for prisoners' medical costs, it is difficult            
 to justify the use of harmful products.                                       
                                                                               
  CHAIRMAN TAYLOR  asked about the cable television policy.   SENATOR          
 DONLEY  stated the policy varies by institution and referred to a             
 chart of services available in each prison provided by DOC.  Where            
 premium cable is available, prisoners pool their money to pay for             
 it.                                                                           
                                                                               
 Number 477                                                                    
                                                                               
  SENATOR PARNELL  questioned whether banning tobacco products would           
 encourage corruption among prison guards.    SENATOR DONLEY                   
 confirmed the deputy commissioner of the Texas prison system                  
 reported 11 disciplinary problems with guards at the outset of the            
 ban on tobacco products in Texas prisons, however after                       
 disciplinary action was taken, the problem was resolved.  He was              
 unsure why the response was different in the State of Georgia.                
                                                                               
  CHAIRMAN TAYLOR  questioned why Senator Donley was now in support of         
 the bodybuilding provision.   SENATOR DONLEY  indicated the goal is           
 not to prevent people from maintaining health, but to prevent them            
 from using prison time to become more dangerous individuals.                  
                                                                               
  MR. FRANK SAUSER , Director of the Division of Institutions, DOC,            
 testified in support of the proposed amendments.   He requested the           
 bill allow prisoners who are actively seeking a GED, or who are               
 actively engaged in making restitution payments, to possess a                 
 television in individual cells.  Many prisoners are required to               
 make restitution after release, not while incarcerated;  this                 
 provision would provide a powerful incentive to get prisoners to              
 make voluntary payments while incarcerated.  In addition, he                  
 requested the same provisions apply to those prisoners incapable of           
 obtaining a GED, listed in lines 4-12 on page 6.  Mr. Sauser                  
 invited committee members to tour the local prison facility (Lemon            
 Creek) or other state facilities, as convenient.                              
                                                                               
 Number 544                                                                    
                                                                               
  SENATOR PARNELL  asked Mr. Sauser to provide committee members with          
 a description of conditions at Highland Mountain.   MR. SAUSER                
 stated Highland Mountain houses approximately 230-235 men, and 60-            
 65 women.  He estimated there are televisions and computers in 10             
 percent of the cells, but that percentage is quite a bit higher               
 than in other facilities.  Some facilities have cells with no                 
 electrical outlets, some are designed for short term holding of               
 prisoners, while others are designed for long term holding.  He               
 discussed the philosophy of controlling the behavior of short term            
 prisoners with the incentive of early release, and controlling the            
 behavior of long term prisoners with the incentive of obtaining               
 privileges.  In response to Senator Parnell's inquiry, Mr. Sauser             
 stated DOC generally supports SB 1, but deferred the definition of            
 Section 4(2)(A) to the Department of Law.                                     
                                                                               
 Number 582                                                                    
                                                                               
  CHAIRMAN TAYLOR  questioned whether Section 4(2)(A) changes the              
 standard upon which decisions about conditions are made from the              
 standards set out in the Cleary decision to the standards set out             
 in the state and federal constitutions.   MR. SAUSER  was unsure.             
                                                                               
 TAPE 97-2, SIDE B                                                             
 Number 000                                                                    
                                                                               
  SENATOR PARNELL  asked whether any legal problems exist regarding            
 the provision that gives the Commissioner the discretion to apply             
 the same restrictions to prisoners in out-of-state facilities.                
                                                                               
  DEAN GUANELI , Assistant Attorney General, Department of Law, felt           
 that question would fall under the Equal Protection Clause, and the           
 answer would depend on the terms of the contract with the out-of-             
 state facility and the comparison of conditions at out-of-state and           
 in-state facilities.  It is possible the state would be in                    
 violation if the Commissioner applied all of the restrictions to              
 in-state facilities, and none to out-of-state facilities.  The                
 question would lie in how that provision is implemented and whether           
 it is done in a reasonable manner.  In the case of in-state halfway           
 houses, which the restrictions in SB 1 would not apply to, the                
 class of prisoners is different: those prisoners are in halfway               
 houses because they are closer to their release dates and can be              
 trusted with a greater level of freedom and "frills."                         
                                                                               
 Number 560                                                                    
                                                                               
  CHAIRMAN TAYLOR  moved the adoption of amendment #1, (0-LS0024\H.4).         
  SENATOR PEARCE  objected for the purpose of discussion and                   
 questioned whether prisoners with idle time would find ways to use            
 compact disc players to make weapons if they do so with audio                 
 cassette players.                                                             
                                                                               
  SENATOR DONLEY  stated he would prefer to ban both.  He explained            
 prisoners used the components of audio cassette players to make               
 tattoo guns.  DOC believes the audio cassette players and cassettes           
 are the bigger hazard at this time because of their smuggling                 
 capability.                                                                   
                                                                               
 Number 535                                                                    
                                                                               
  CHAIRMAN TAYLOR  asked if there was further objection to the motion          
 to adopt amendment #1.  There being no objection, the motion                  
 carried.                                                                      
                                                                               
  CHAIRMAN TAYLOR  questioned why amendment #2 (0-LS0024\H.4) changes          
 the effective date of the bill to two years after passage, moved              
 adoption of amendment #2, and noted objection.   SENATOR DONLEY               
 indicated in an attempt to avoid retaliation, SB 1 gives DOC the              
 ability to phase in the changes gradually.  SB 1 provides DOC with            
 a statutory deadline to implement the restrictions and minimizes              
 prisoner wrath toward DOC and prison guards by making the                     
 restrictions a statutory requirement.                                         
                                                                               
  CHAIRMAN TAYLOR  noted there was no further objection to amendment           
                                                                               
  CHAIRMAN TAYLOR  moved adoption of amendment #3 (0-LS0024\H.2) which         
 deletes the restriction on bodybuilding.  There being no objection            
 to the motion, amendment #3 was adopted.                                      
                                                                               
  CHAIRMAN TAYLOR  moved adoption of amendment #4 (0-LS0024\H.1).              
  SENATOR DONLEY  explained this amendment removes the statutory               
 requirement for medical fees since DOC has adopted a similar                  
 regulation.  There was no objection to amendment #4, therefore   it           
 was adopted.                                                                  
  CHAIRMAN TAYLOR  moved adoption of amendment #5 (page 4, line 26,            
 after "employment" insert ",education").   SENATOR DONLEY  reiterated         
 amendment #5 applies to the appropriate utilization of computers              
 outside individual cells.  Several facilities have computer labs              
 for training purposes.  DOC has requested the word "education" be             
 specified in statute.  There being no objection to the motion,                
 amendment #5,   was adopted.                                                  
                                                                               
  CHAIRMAN TAYLOR  inquired whether any computers in individual cells          
 have modems so that prisoners can obtain access to e-mail and the             
 internet.   SENATOR DONLEY  did not believe any modems were allowed           
 in Alaska prisons, and noted federal prisons allowed modems at one            
 time but have since banned all computers because the program was a            
 disaster.                                                                     
                                                                               
  MR. SAUSER  confirmed no modems are allowed to prisoners in Alaska.          
                                                                               
 Number 490                                                                    
                                                                               
  CHAIRMAN TAYLOR  moved to adopt amendment #6 (0-LS0024\H.6).                 
                                                                               
  JERRY LUCKHAUPT , legislative counsel, Division of Legal Services,           
 informed committee members of an inadvertent omission in amendment            
 the end of the amendment:                                                     
                                                                               
  Page 4, line 12: Delete "or printed".                                        
                                                                               
 He explained the amendment already contains all necessary                     
 references to printed material.                                               
                                                                               
 There being no further questions from committee members,  CHAIRMAN            
 TAYLOR  moved adoption of amendment #6 as amended.  There being no            
 objection, the motion carried.                                                
                                                                               
 Number 450                                                                    
                                                                               
  SENATOR DONLEY  asked James Armstrong, legislative aide, to present          
 amendment #7 to committee members.   MR. ARMSTRONG  explained                 
 amendment #7 deletes lines 4-5 on page 4, because those lines                 
 conflict with Section 9 of the bill.   SENATOR DONLEY  stated Section         
 9 of the bill was added by the Senate Finance Committee last                  
 session.  It is a more extensive way to deal with the problem of              
 prisoner phone calls.  When that section was added, the reference             
 on lines 4-5 of page 4 inadvertently remained in the bill.                    
                                                                               
  CHAIRMAN TAYLOR  moved to delete lines 4-5 on page 4 and reletter            
 the sequential subsections.  There being no objection to the                  
 motion, amendment #7 was adopted.                                             
                                                                               
 Number 432                                                                    
                                                                               
  CHAIRMAN TAYLOR  announced his intention to hold SB 1 in committee           
 until a committee substitute is prepared, and to take action on the           
 legislation at that time.                                                     
                                                                               
  MR. ARMSTRONG  discussed the DOC fiscal note which reflects a cost           
 of $725,000.  Amendment #7 eliminates the need for $705,000 of that           
 cost.   SENATOR DONLEY  commented the cost saving is due to the fact          
 DOC can conduct random monitoring rather than full-time monitoring            
 of all phone calls.                                                           
                                                                               
  CHAIRMAN TAYLOR  asked how the attorney-client privilege is handled          
 under random phone monitoring.   MR. SAUSER  explained at present             
 Spring Creek is the only facility with phone monitoring                       
 capabilities.  A separate private phone line is provided for                  
 attorney-client phone calls.  He noted the cost of $705,000 was an            
 estimate to purchase a phone monitoring system for all facilities.            
                                                                               
  CHAIRMAN TAYLOR  expressed concern that phone monitoring does not            
 occur at any facility other than Spring Creek, and questioned why             
 the cost of monitoring would be so high.   MR. SAUSER  responded DOC          
 has attempted, over the last several years, to obtain a contract              
 with a phone company in which the company would provide the                   
 services free of charge in return for the revenues generated by the           
 phone calls.  The difficulty has been with the regulatory agencies            
 who are unable to keep up with the rapid changes in communications            
 technology.  Other states are experiencing similar problems, and in           
 some instances, regulatory agencies have shut down existing                   
 monitoring systems that are inadequate.                                       
                                                                               
  CHAIRMAN TAYLOR  referred to the pipe bomb incidence in which                
 prisoners used phones to relay instructions, and emphasized the               
 need for monitoring.                                                          
                                                                               
  SENATOR DONLEY  stated prison officials in Arizona actually place            
 phone calls for prisoners to attorneys.                                       
                                                                               
 Number 364                                                                    
                                                                               
  SENATOR PEARCE  asked whether the presence of a prison guard in a            
 room with a prisoner when the prisoner places a call would be                 
 considered monitoring.   SENATOR DONLEY  replied the Cleary decision          
 specifically prohibits a guard from being present during an                   
 attorney-client phone call.  In Arizona, once the guard places the            
 call, he/she leaves the room.                                                 
                                                                               
  SENATOR PEARCE  commented she has received numerous phone messages           
 from prisoners on voice mail.   MR. SAUSER  noted prisoners are not           
 allowed to make long distance phone calls.  DOC owns the phone                
 system at Spring Creek, but the phone systems in other prisons are            
 owned by different companies.  At most facilities, prison officials           
 can tell when a phone line is live, and when the conversation is              
 over.  When DOC establishes that a prisoner is abusing phone                  
 privileges, a prison official places all phone calls for that                 
 prisoner.                                                                     
                                                                               
 Number 323                                                                    
                                                                               
  CHAIRMAN TAYLOR  asked how prisoners get access to telephones.   MR.         
 SAUSER  said the phones are in day rooms and common areas accessible          
 to prisoners.   CHAIRMAN TAYLOR  questioned how many lines are                
 available to prisoners.   MR. SAUSER  responded there are generally           
 two lines in each dormitory.   CHAIRMAN TAYLOR  expressed concern             
 that DOC does not know when phones are being misused until a member           
 of the public who is being harassed contacts DOC.                             
                                                                               
  BRUCE RICHARDS , program coordinator, DOC, described the phone               
 system DOC hopes to purchase. It is a computerized system which can           
 be programmed to contain the phone numbers prisoners can call and             
 record those calls, and attorney phone numbers, that would not be             
 recorded.  Calls to numbers not in the computer would be terminated           
 by the computer.  Such a system would minimize staff time for                 
 monitoring.  The cost of $705,000 was provided by one vendor,                 
 however if that vendor provided such a system for all state                   
 prisons, the cost would decrease to $575,000.   CHAIRMAN TAYLOR               
 added there would be incidental costs for tapes and to have the               
 tapes checked occasionally.  He expressed concern about the                   
 conspiratorial opportunities available to prisoners through open              
 access to telephones.                                                         
                                                                               
 Number 256                                                                    
                                                                               
  SENATOR PEARCE  asked whether prisoners can make long distance phone         
 calls to family members who live elsewhere.   MR. SAUSER  believed            
 those situations were dealt with on a case-by-case basis.  She                
 questioned whether any of the private phone companies in the state            
 would be willing to participate if a surcharge was placed on local            
 calls, similar to a pay phone, however she questioned whether a               
 company would be willing to terminate or tape calls.   MR. SAUSER             
 stated one of the phone companies DOC deals with will tell prison             
 officials the number called and the length of the call.  At Spring            
 Creek, the phone carrier will actually record calls.                          
                                                                               
  CHAIRMAN TAYLOR  suggested removing the phones altogether, except            
 for one secure line for attorney-client calls, and allowing an                
 occasional phone call, placed by a guard, for good behavior.                  
                                                                               
  SENATOR DONLEY  noted SB 1 does not mandate DOC to monitor all phone         
 calls.                                                                        
                                                                               
  CHAIRMAN TAYLOR  reiterated his intention to bring the committee             
 substitute before the committee Friday or Monday, and adjourned the           
 meeting at 3:00 p.m.                                                          

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