HB 330-RESTRICT PRISONER ACCESS DIGITAL DEVICES  3:55:50 PM CHAIR SHAW announced the next order of business would be HOUSE BILL NO. 330, "An Act relating to the use and possession of electronic devices by prisoners." 3:56:17 PM REPRESENTATIVE STORY moved to adopt Amendment 1 to HB 330, labeled 33-LS0761\H.2, C. Radford, 4/8/24, which read: Page 3, line 16, following "purpose": Insert "or as a substitution for in-person visitation,  receiving mail, or other in-person communication" REPRESENTATIVE WRIGHT objected for the purpose of discussion. REPRESENTATIVE STORY explained that Amendment 1 would ensure that prisoners rights are protected by allowing them to have the option of receiving in-person visitation or mail and that an electronic device would not replace any sort of physical correspondence. REPRESENTATIVE WRIGHT asked to hear from the bill sponsor. 3:57:44 PM REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime sponsor of HB 330, expressed apprehension to the wording of the proposed amendment and said it could inadvertently restrict any sort of visitation if electronic visitation is the only available form of correspondence. REPRESENTATIVE STORY explained that the word "or" in Amendment 1 leaves the use of different types of visitation as options. REPRESENTATIVE VANCE responded that the Department of Corrections (DOC) had concerns about physical mail being transmitted from prisons and said it could be problematic to put these rights into statute if they already pose a consternation to DOC. REPRESENTATIVE STORY said she took great concern with DOC wanting to restrict physical mail correspondence. 4:01:26 PM APRIL WILKERSON, Deputy Commissioner, Department of Corrections, explained that DOC currently has contraband issues that come through the mail; however, it was not the intent to replace 100 percent by utilizing the tablets for mail services. She described it as an enhancement that would be one option of many. REPRESENTATIVE STORY stated her intention was that the amendment would strengthen in statute that it could still be allowed. MS. WILKERSON replied that DOC did not intend to eliminate current processes by utilizing the tablets. She reiterated that the intention was to enhance current operations by using the tablet for video visitations or streaming mail. She clarified that there would still be mail that would need to be copied and delivered. REPRESENTATIVE STORY stressed that she did not want tablets used as a substitute for receiving an in-person visitation or mail and other communications. 4:03:49 PM REPRESENTATIVE ALLARD stated that she was "not a fan" of HB 330. She asked what level offenders would qualify to use tablets. MS. WILKERSON explained that there would be a limited aspect of the tablets. They are on a dedicated network and do not connect to the Internet, and in no way able to send e-mails and the like. REPRESENTATIVE ALLARD restated that she sought to know at what level offenders have access to a tablet. MS. WILKERSON said the intent was to get tablets in the hands of any offender and it is not based on conviction levels. She assured that security is being looked into currently and the tablet would not allow the offender to utilize it for criminal enterprise or connect inappropriately with victims. REPRESENTATIVE ALLARD emphasized her concern over offenders having tablets and the possible ramifications. MS. WILKERSON replied that solid infrastructures are being followed to ensure the security of the system, and she offered to share information from the vendor about their security network. She added that everything that would come through the tablet would be tracked, monitored, and recorded. REPRESENTATIVE ALLARD asked whether the tablet would be safer than paper mail. MS. WILKERSON clarified that on a tablet, mail generates a different picture than a manual process. 4:08:21 PM REPRESENTATIVE WRIGHT maintained his objection. 4:08:30 PM A roll call vote was taken. Representative Story voted in favor of Amendment 1 to HB 330. Representatives Carpenter, C. Johnson, Allard, Wright, and Shaw voted against it. Therefore, Amendment 1 failed by a vote of 1-5. 4:09:14 PM REPRESENTATIVE STORY moved to adopt Amendment 2 to HB 330, labeled 33-LS0761\H.3, C. Radford, 4/8/24, which read: Page 3, line 17, following "kind": Insert ";  (4) allow a state correctional facility  operated by the state to charge a fee for electronic  mail or electronic visitation services" Page 3, following line 17: Insert a new bill section to read: "* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1 of this Act, applies to services used by a prisoner on or after the effective date of this Act." REPRESENTATIVE WRIGHT requested to hear from the bill sponsor. 4:10:28 PM REPRESENTATIVE VANCE stated she agreed that she does not want exorbitant fees imposed on the offenders; it is a matter of what is fair and balanced. She offered her belief that if Amendment 2 were adopted, it would limit flexibility as the department works through the pilot program. REPRESENTATIVE STORY expressed concern about families on limited budgets with loved ones who are incarcerated. REPRESENTATIVE VANCE referred to a video that was played during the introduction of HB 330 and recapped that there were companies that work in partnership with the vendors of the tablet who would fund educational opportunities at no expense to the inmate. She noted there are a variety of options available for different services. 4:13:03 PM REPRESENTATIVE CARPENTER commented that he did not want to see inmates or family members getting charged large fees, but there was value in having a convenience user fee to participate in the system that would otherwise be free if they were local. He opined that more family interactions with prisoners could occur with the tablet. He stated opposition to Amendment 2. 4:14:22 PM REPRESENTATIVE ALLARD opined that criminals should not be rewarded in prison and should continue to pay their debts to society. When they are released is something different, she said. She restated that she did not support Amendment 2. 4:14:52 PM REPRESENTATIVE STORY requested to hear from Ms. Wilkerson regarding those who do not have funds to provide services but are charge fees. MS. WILKERSON expounded on the inmate telephone system and how it is written into a contract. She further noted that there are a number of free calls per week. 4:16:45 PM A roll call vote was taken. Representatives Story voted in favor of Amendment 2 to HB 330. Representatives Wright, Carpenter, C. Johnson, Allard, and Shaw voted against it. Therefore, Amendment 2 failed to be adopted by a vote of 1-5. 4:17:20 PM CHAIR SHAW opened public testimony on HB 330. 4:17:41 PM DON HABEGAR, Community Coordinator, Juneau Reentry Coalition, testified in support HB 330 on behalf of himself and the coalition and opined that it is a much-needed piece of legislation. He noted the need for access for the community to a facility and certain things prevent this. The reentry process must have necessary community support, he said. He acknowledged concerns about security, but advanced technology better safeguards the community, and he encouraged the passage of HB 330. 4:20:15 PM MARSHA OSS, Reentry Coordinator, Fairbanks Reentry Coalition, said she supported the previous testifier's statements. She added that HB 330 would allow DOC increased access to technology inside Alaska's prisons and allow the department to provide services to more individuals, which would help address DOC's staffing challenges. She thanked Representative Vance for introducing the bill. 4:22:16 PM CHRIS DIMOND, Western States Carpenters Union, testified in support of HB 330. He said the type of curriculum would give inmates who are about to be released a pathway to an actual career that could help them. The end goal is to get someone to stay out of prison when they are released, and these tools and technology should continue to be looked into, he opined. 4:23:23 PM CHAIR SHAW, after ascertaining no one else wished to testify, closed public testimony on HB 330. 4:23:37 PM REPRESENTATIVE VANCE gave closing comments. She recognized many of the concerns surrounding the proposed legislation but said she added tighter restrictions. She noted the difficulties prisoners endure, such as separation from family, and that there must be better reentry processes. She pointed out that page 3 in the bill addressed many concerns. She said there is a responsibility from the state to help rehabilitate prisoners so they are not a burden to communities and to trust that the legislature would make the best decisions moving forward. 4:26:54 PM REPRESENTATIVE WRIGHT moved to report HB 330 out of committee with individual recommendations and the accompanying fiscal notes. 4:27:11 PM REPRESENTATIVE ALLARD objected. 4:27:42 PM A roll call vote was taken. Representatives Story, Wright, Carpenter, C. Johnson, and Shaw voted in favor of moving HB 330 out of committee with individual recommendations and the accompanying fiscal notes. Representative Allard voted against it. Therefore, HB 330 was reported out of the House State Affairs Standing Committee by a vote of 5-1.