Legislature(1995 - 1996)
02/12/1996 01:30 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
February 12, 1996
1:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 263
"An Act relating to copyright licensing and royalties; and
providing for an effective date." SCHEDULED BUT NOT HEARD
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175
"An Act relating to correctional institutions and their
administration, and to services provided to prisoners; amending the
definition of severely medically disabled' applicable to prisoners
seeking special medical parole; and amending provisions of the
correctional industries program, and extending the termination date
of the Correctional Industries Commission and the program."
PREVIOUS SENATE COMMITTEE ACTION
SB 263 - No previous action.
SB 175 - No previous action.
WITNESS REGISTER
Senator Dave Donley
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Sponsor of SB 175
Jerry Shriner
Department of Corrections
240 Main St. Ste. 700
Juneau, AK 99801
POSITION STATEMENT: Supports SB 175
ACTION NARRATIVE
TAPE 96-9, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 2:10 p.m. All members were present. He announced SB 263
was postponed at the request of the sponsor. The committee took up
SB 175.
SB 175 "NO FRILLS" PRISON ACT
SENATOR DAVE DONLEY, sponsor of SB 175, gave the following
overview. SB 175 is modelled after the federal "No Frills" Prison
Act and was introduced last year. Since that time, he has worked
extensively with the Department of Corrections which resulted in
the introduction of a sponsor substitute.
SENATOR GREEN moved adoption of the sponsor substitute for the
purpose of discussion. There being no objection, the motion
carried.
SENATOR DONLEY continued. Section 2 deals with the problem of the
cost of medical care for prisoners by amending the definition of
"severely medically disabled" to give the parole board greater
flexibility in granting special medical paroles. The state
currently bears a huge cost for terminally ill prisoners and
prisoners with severely handicapping illnesses.
Number 161
SENATOR TAYLOR questioned whether similar legislation passed last
year. SENATOR DONLEY replied affirmatively, however this bill
allows the Department of Corrections more discretion in determining
what conditions would make one eligible for special medical
paroles.
SENATOR DONLEY explained Section 3 allows the Department of
Corrections more flexibility in attempting to recoup ordinary
medical costs of prisoners and part of the cost of injuries to
prisoners due to activities of law enforcers, not only corrections
employees.
Section 4 statutorily limits what the Commissioner may provide to
inmates, and is patterned after the federal act. Living conditions
and recreational opportunities could not exceed that required under
the U.S. Constitution. Living quarters could not be obstructed
from view. The food could not exceed the quantity or quality
required by the U.S. Constitution. The original standard in the
federal law is that the food must not exceed the quality available
to the armed forces. The department finds it too difficult to
ascertain that quality.
SENATOR DONLEY discussed the ban on cable television. He and
Department of Corrections' staff have drafted an amendment to allow
basic cable service. Prisoners are currently allowed access to the
full spectrum of cable television, if they pay for it. Section 4
also limits unmonitored phone calls, and bans the following:
televisions and computers in cells; movies with specific ratings;
pornographic material; instructional material that, in the opinion
of the Commissioner, would facilitate violent behavior; body
building equipment; and electrical cooking appliances in cells.
Prisoners would be allowed to use a computer provided by the
facility in a common area as part of employment or vocational
training.
Section 5 references the effort to recoup medical costs. Section
6 allows the department to engage in vocational training for
inmates. The department is currently unable to provide jobs for
all inmates; providing training would enable them to expand job
skills and opportunities. Section 7 sets a sunset date of 2005 for
the Correctional Industries Commission. The extension would allow
the department to develop a stable, long range plan to develop
marketable products and work opportunities.
Number 180
SENATOR ADAMS disagreed with four provisions: the cable TV ban;
the weightlifting equipment ban; the printed material ban; and the
restriction on televisions and computers in private cells. He felt
those provisions could be used to reward good behavior.
SENATOR DONLEY made the following comments in response to Senator
Adams' opposition. He originally opposed access to any cable
television but is now convinced there is a valid argument to
provide some level of television to keep peace in the prisons. He
is discontent with the current limit of five books per prisoner, as
opposed to unlimited television viewing. He strongly disagrees
with allowing televisions and computers in individual cells because
in a prison the only application should be educational, and in a
common area. He felt access to a common area could be used as an
incentive for good behavior, rather than allowing equipment in
private cells. In his opinion, Alaska has some of the most liberal
good time provisions in the nation therefore the incentive for good
behavior already exists. He believes providing weightlifting
equipment poses a danger to the private sector because
weightlifting equipment is not a tool to improve health, it is a
tool to make people superior athletes or better predators.
Regarding the printed materials, the Commissioner has discretion
over which materials to ban. The provision is aimed at banning
magazines that encourage violent or predatory behavior.
Number 270
JERRY SHRINER, Special Assistant to the Commissioner of the
Department of Corrections, indicated he and Senator Donley have
worked together extensively on SB 175. They compromised on most
areas of disagreement but remain in disagreement about televisions
and computers.
SENATOR ADAMS asked what equipment is currently available in prison
facilities. MR. SHRINER replied it varies considerably by
facility. Some facilities have fixed-weight systems without free
weights, other facilities have free weights, some are purchased by
prisoners, others are purchased by the facility.
Number 300
SENATOR ADAMS inquired about the number of televisions and personal
computers in prisons. MR. SHRINER reported most facilities have an
inmate council which can purchase certain things with private
funds. At the Palmer facility the council has installed and
maintains cable service. Those prisoners who can afford to have a
television may have one in their own rooms. At some prisons, the
department pays for cable service because no local broadcast
exists.
SENATOR ADAMS asked if prisoners are able to view "X," "R," and
"NC-17" movies on cable television. MR. SHRINER was unsure whether
movies with those ratings are shown on premium cable channels. He
added the Lemon Creek facility has premium cable which inmates pay
for.
SENATOR ADAMS asked how many prisoners have personal computers.
MR. SHRINER replied the number varies in each prison, but those
that have computers cannot hook up to outside lines, such as a fax
modem, and discs cannot enter or leave the facilities.
SENATOR ADAMS asked what the Department's position is on his
objections to the bill. MR. SHRINER replied the Department would
not object to eliminating free weights, but has no desire to do so.
With respect to television and computers, the greatest resistance
comes from superintendents who unanimously view those activities as
a method of managing population. Because of the high ratio of
inmates to prison guards, televisions and computers are used to
keep prisoners occupied.
Number 360
SENATOR TAYLOR asked if there are any court orders the prisons must
abide by requiring prisoner access to television. MR. SHRINER was
not able to provide that information.
SENATOR MILLER moved to adopt Senator Donley's amendment (9-
LS0958\0.4). There being no objection, the motion carried.
SENATOR ADAMS moved a proposed amendment to page 4, line 16.
After the word facility insert, "or allowed under (B) of this
subdivision;". SENATOR MILLER objected to the motion for
discussion purposes. SENATOR GREEN asked Senator Donley to repeat
his rationale for banning computers in cells.
SENATOR DONLEY explained that under SSSB 175, prisoners would have
access to computers in common areas but could not have private
computers. He stated computers are entertaining and a luxury item.
SENATOR GREEN verified computers cannot be hooked up to any outside
services. SENATOR DONLEY replied they cannot, however there is
nothing in statute that speaks to that.
SENATOR GREEN asked about the cost of allowing personal computers
in prisons. SENATOR DONLEY believed the only cost is to provide
power, therefore is minimal. He added the things that are being
limited in this bill are not necessities. He strongly encouraged
full access to library materials.
Number 443
SENATOR ELLIS asked Senator Donley if his goal would be achieved if
only educational software were allowed in prisons. He also
questioned the rationale for the limit of 5 books per prisoner.
SENATOR DONLEY replied the rationale for the limit on books is that
it is very time consuming to search books for concealed items. He
believed as long as computers are limited to common areas, there
use can be limited to educational programs. It would be impossible
to search hard drives on personal computers for concealed programs.
SENATOR ELLIS asked how realistic it is to think prisoners would
get their GED's via educational software, and whether the common
area plan would restrict prisoners from doing so. SENATOR DONLEY
responded that school children do not have enough access to
computers. He felt unlimited access to written materials should be
sufficient.
Number 455
SENATOR ELLIS inquired about using such equipment in each facility
for social control as opposed to allowing the use of such equipment
for recreational purposes. SENATOR DONLEY believed prison
employees want the prison environment to be safe and to run
smoothly, however the prison environment was meant to be a
deterrent to illegal behavior.
SENATOR ADAMS asked what percentage of prisoners use computers in
their cells. SENATOR DONLEY thought the percentage to be very
small, but could increase quickly unless statutorily stopped. MR.
SHRINER agreed the number is very low.
Number 493
SENATOR GREEN discussed Senator Adams' second proposed amendment,
changing SSSB 175 on page 3, line 29, to add, "except as approved
by the facility superintendent for purposes of educational training
or reward for positive behavior." The proposed amendment would
leave the use of televisions and computers to the discretion of the
warden. SENATOR DONLEY repeated his opposition to allowing such
equipment in private rooms. He believes Alaska prisons are very
liberal in regard to good time, and other rewards can be offered
for positive behavior.
SENATOR ADAMS moved and asked unanimous consent that he be allowed
to withdraw his previous motion to amend page 4. There being no
objection, the motion carried.
SENATOR ADAMS moved new amendment #1 (page 3, line 29). SENATOR
MILLER objected for the purpose of discussion.
Number 524
SENATOR TAYLOR discussed the sentencing approach used in the
Australian judicial system. Prisoners given the maximum prison
term are expected to display positive behavior, if they do not,
their terms are extended.
SENATOR DONLEY felt there is a national movement toward tougher
prison policies. Three states have reinstituted chain gangs. The
public wants prisoners to have the opportunity to pull themselves
up and get an education, however they do not want them to have a
good time.
SENATOR GREEN questioned how this bill would affect Project Hope,
at Pt. McKenzie. SENATOR DONLEY believed Project Hope raises
problems far beyond the scope of this bill. The Department of
Corrections is apprehensive about prisoners trying to invoke all of
the Clary conditions onto this volunteer program and fears
prisoners will try to impose, through the courts, other things
available to people who do not volunteer.
SENATOR ELLIS questioned whether the ban on televisions and
computers would apply to Project Hope, if the bill becomes law.
SENATOR DONLEY specified they could not have them in private rooms.
SENATOR GREEN commented Project Hope has common areas that are more
home like. She also expressed concern that minimal farming is
occurring there.
SENATOR DONLEY noted SSSB 175 provides more flexibility for the
Correction Industries Commission. It is difficult to find work
that does not compete with the private sector. If an industry is
viable, it is being developed by the private sector. The federal
act mandated a certain number of hours of work, however the work is
not available for prisoners to do.
SENATOR GREEN did not feel vegetable farming at Project Hope would
compete with private industry.
SENATOR MILLER maintained his objection to adoption of amendment
voting "nay," and Senators Ellis and Adams voting "yea."
SENATOR TAYLOR recommended establishing standards so that a
prisoner working on a specific program might be able to do so
privately. SENATOR MILLER felt the amendment was entirely too
broad. SENATOR ADAMS commented that 49 percent of inmates are
Alaska minorities who do not have the money for televisions and
computers and believed the amendment would primarily benefit urban
prisoners with educational and vocational training. SENATOR TAYLOR
stated he is interested in resolving the issue with Senator Donley
and the Department of Corrections.
SENATOR MILLER moved SSSB 175, as amended, out of committee with
individual recommendations. There being no objection, the bill
moved from committee.
SENATOR TAYLOR adjourned the meeting at 2:55 p.m.
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