HB 330-RESTRICT PRISONER ACCESS DIGITAL DEVICES  3:53:45 PM CHAIR KAWASAKI reconvened the meeting and announced the consideration of HOUSE BILL NO. 330 am "An Act relating to the use and possession of electronic devices by prisoners; and relating to prisoner communication reimbursement rates." 3:54:08 PM BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State Legislature, Juneau, Alaska, presented HB 330. He noted that this issue has been discussed during previous legislative sessions. He explained that HB 330 is an attempt to address the recidivism rate in Alaska. Currently, 60 percent of people will reoffend within three years of their release. He said this impacts the victims as well as taxpayers. He stated that HB 330 is a "common sense approach" that would provide tools to the Department of Corrections and allow for the creation of measures that would result in decreased recidivism rates. 3:55:20 PM MR. BALLINGER moved to slide 2 and offered reassurance that HB 330 is not an attempt to be "soft on crime" - though there would be a benefit to the incarcerated person. He emphasized that the goal is to benefit society by providing a skillset and increasing the likelihood of success, thereby decreasing the recidivism rate. He opined that anything done to address this issue would be beneficial. 3:55:54 PM MR. BALLINGER moved to slide 3 and directed attention to a video demonstrating the potential success of this type of program. 4:00:06 PM MR. BALLINGER moved to slide 4 and shared the success story of an individual who participated in a program similar to what is proposed by HB 330 and run by Amazon.com, Inc. He said that those who participate in this program are 28 percent more likely to achieve success. Those who continue on to post-secondary education are 48 percent less likely to be reincarcerated. He emphasized that this is very possible if the technology is available. 4:01:04 PM MR. BALLINGER moved to slide 5: [Original punctuation provided.] PATH TO EMPLOYMENT  Formerly incarcerated people are unemployed at a rate of over 27 percent - higher than the total U.S. unemployment rate during any historical period, including the Great Depression. 4:01:34 PM MR. BALLINGER moved to slide 6: [Original punctuation provided.] BARRIERS TO PARTICIPATION  Among the 57 percent of people in state prisons who had never participated in educational programming; 18 percent cite never being offered the opportunity. MR. BALLINGER said that barriers to participation include a lack of class space, lack of teachers, and a lack of resources to provide the education. He noted that this occurs in any public institution but is especially common in prisons. 4:02:11 PM MR. BALLINGER moved to slide 7 and said that, while many prisoners have a desire to participate in education, the aforementioned barriers keep them from accomplishing this goal. [Original punctuation provided.] EDUCATIONAL ASPIRATIONS OF PRISONERS  • 70 percent want to participate in education • 29 percent • Of the 70 percent, 29 percent want to earn a certificate from a college or trade school • 18 percent • Of the 70 percent, 18 percent want to earn a certificate from a high school diploma/GED or an Associate's degree 4:02:36 PM MR. BALLINGER moved to slide 8: [Original punctuation provided.] RETURN ON INVESTMENT IN CORRECTIONAL EDUCATION  For every dollar spent on correctional education, $5 is saved in three-year re-incarceration costs - a 400 percent return on investment (ROI). MR. BALLINGER noted that HB 330 does not have a fiscal note, as it does not mandate the Department of Corrections to implement these programs - it simply removes the barriers that are currently in place. He acknowledged that if DOC decides to create a program, costs would be incurred. He stated that there are opportunities to partner with companies and/or allow a private vendor to fund the program, which would result in lower to no costs. He added that the return on the investment would be high. 4:03:30 PM MR. BALLINGER explained that previously, legislation was passed to ensure that prisoners were not getting benefits that were not readily affordable to those who are not incarcerated. This included prohibitions on cassette tapes, VCR tapes, and computers in prison cells. He said that the sponsor agrees that prisons should not be comfortable and entertaining; therefore, the entertainment prohibition was maintained in HB 330. He explained that HB 330 allows for in-cell computer use for very specific activities. MR. BALLINGER directed attention to HB 330, page 3, line 12, which lists the activities the technology (e.g. tablets) can be used for. This includes prisoner rehabilitation, prisoner's compliance with a re-entry plan, employment, education, vocational training, access to legal materials, visitation, healthcare, or other purposes developed by regulation. He explained that this ensures that other services can be added and provides the necessary oversight. He emphasized that the intention is not for prisoners to be in their cells playing video games; rather, the intention is to create a pathway for them to successfully complete their reentry plan and to experience success once they are released. He noted that several changes to HB 330 were made on the House floor, including provisions related to calls, services and technology charges and costs as well as a provision that disallows state-run correctional institutions from charging fees for electronic mail (e-mail) or visitation. 4:06:49 PM CHAIR KAWASAKI opened invited and public testimony on HB 330. 4:07:13 PM MARSHA OSS, Coordinator, Fairbanks Reentry Coalition, Fairbanks, Alaska, testified by invitation on HB 330. She briefly summarized her work in the corrections and reentry field and stated that this legislation would allow those involved to establish a comprehensive plan for release that supports the DOC release plan requirements, education requirements, and programming needs. It would also provide support for those released and thus reduce recidivism rates. She inferred that a lack of support upon release does not lead to positive outcomes. She commented that having identification that can be transferred to a driver's license upon release has also been extremely valuable, as it creates a smoother release-to-employment transition. She surmised that some of the training mentioned may be possible to do - via partnerships - while individuals are still incarcerated. This would allow inmates to have a job lined up when they are released. She strongly encouraged support of HB 330 and expressed gratitude to the sponsor. 4:09:50 PM BOBBY DORTON, Fairbanks Reentry Coalition, Fairbanks, Alaska, testified in support of HB 330. He said he is on the Advisory Board on Alcoholism and Drug Abuse (ABADA) and Alaska Mental Health Board (AMHB). and is a Commissioner for the Alaska Commission for Behavioral Health Certification (ACBHC). He briefly shared a personal history that included 14 years in prison and a successful reentry. He emphasized the importance of support during this process. He stated that, had he been given access to a tablet when he was in prison, he would have had two doctorate degrees upon release - so great was his desire to learn. He shared that while he took advantage of all the programs available to him during this time, he was still left with idle time. He stated that HB 330 would result in safer and stronger communities. He referred to the Occupational Mentor Certificate Program (OMCP) in California, which has graduated 700 individuals. He said that graduates of this program are considered the best counselors in the nation as a result of their background in prison and substance abuse. He commented that they also received high scores when testing for NAADAC, the Association for Addiction Professionals. He said that it is time to acknowledge that old methods are no longer working and expressed a desire to make Alaska the best it can be. 4:13:41 PM SARAH STANLEY, Volunteer, Learning Inside Out Network, Fairbanks, Alaska, testified in favor of HB 330. She gave a brief history of her experience teaching writing to inmates. She indicated that she supports the goal of inmates leaving the correctional facility better than when they arrived. She indicated support of inmates' access to planning and prosocial community networks through the use of safe and secure technology. 4:15:26 PM DON HABEGER, Community Coordinator, Juneau Reentry Coalition, testified in support of HB 330. He said that prisoner access to digital devices focused on reentry planning is a significant tool in the community reentry program. He shared the belief that this increases success, as many elements that lead to reentry success can be utilized through digital devices. This includes improved job readiness, education achievement, connection to healthcare treatments, and the development of prosocial community connections (e.g. pre-reentry case planning with a reentry case manager). He added that digital devices would be a catalyst that would bring a variety of courses to Juneau that are not currently available here due to location restrictions. He pointed out that the state's focus on reentry has been successful and gave an example from the 2023 offender profile, which includes data related to reduced recidivism. 4:17:57 PM SENATOR WIELECHOWSKI asked about the current recidivism rates. MR. HABEGER replied that current recidivism rates (beginning in 2024 and looking back three years) are 54.3 percent. SENATOR WIELECHOWSKI asked what this drop is attributed to. MR. HABEGER shared his belief that the drop is the result of the state's efforts over the past ten years. He emphasized the importance of making a community effort. 4:19:14 PM CHAIR KAWASAKI noted that Senator Myers joined the meeting. CHAIR KAWASAKI asked about the operational details of implementing HB 330. 4:19:40 PM APRIL WILKERSON, Deputy Commissioner, Department of Corrections, answered questions on HB 330. She explained that the department is currently running two pilot programs utilizing tablets. One program uses five tablets (each with limited access) to attend court video hearings. The second program is operating out of the Highland Mountain Correctional Center with around 350 tablets. In this case, a vender has deployed a closed network for the tablets. These tablets are used for attorney visits and communications, as well as accessing the digital law library and department policies. She expressed hope that this program can be used for telehealth, as well. In addition, the tablets could be used to identify efficiencies. She explained how the tablets could be used for parole documents. Inmates are also able to communicate with the superintendent and probation officers. She added that inmate questions could potentially be transferred to tablets to increase institutional efficiency. 4:23:05 PM SENATOR WIELECHOWSKI asked if inmates are allowed to have telephones or other electronics in their cells. MS. WILKERSON replied no. She explained that there is a computer lab that the inmates can use. She added that in the pilot programs, tablets are allowed in general housing and are not taken into cells. She said that inmates use kiosk phones that are not taken into cells. SENATOR WIELECHOWSKI sought clarification on whether electronic tablets are already available. MS. WILKERSON said that the tablets are provided on a limited basis. SENATOR WIELECHOWSKI asked why HB 330 is necessary if tablets are currently available. MS. WILKERSON answered that currently, the only allowed use for electronic tablets is education, vocational education, and legal processes. She explained that HB 330 would expand this to include telemedicine, telehealth, and would increase efficiency within the system (e.g. tablets could be used for mail and/or video visitation). 4:25:54 PM SENATOR WIELECHOWSKI commented that this would require purchasing a significant number of tablets and questioned the zero fiscal note. MS. WILKERSON explained that there are a variety of mechanisms and processes that can be utilized to obtain the tablets. She said that some vendors will provide tablets free of charge and briefly described this process. She added that increased departmental efficiency (by using tablets to streamline various processes) would result in a savings over time, although the potential amount is not currently known. 4:27:15 PM SENATOR KAWASAKI asked how the 340 tablets in Highland Mountain Correctional Center (HMCC) are working. MS. WILKERSON deferred the question. 4:27:51 PM JACOB WYCKOFF, Deputy Commissioner, Department of Corrections, Eagle River, Alaska, said that all the tablets at HMCC are functioning without issue. He briefly described the ways inmates use the tablets, including accessing the digital law library, legal counsel visitation, court hearings, electronic mail, and internal facility messaging. 4:29:07 PM CHAIR KAWASAKI asked about the tablet interface. 4:29:51 PM MR. WYCKOFF replied that there are user-friendly, simple applications and each inmate has a unique identifier used for login. This ensures that only the intended person has access to the device. He added that the applications on each tablet have been approved by the department. 4:30:31 PM MS. WILKERSON said that the tablet vendor is diligently working with the department and is responsive to the shifting needs of the department. She stated that the pilot program was rolled out slowly to ensure that department staff were aware of the security and comfortable with the usage. She added that the Superintendent works daily with the vendor to ensure that the program is compliant and that needs are met. 4:31:23 PM CHAIR KAWASAKI closed public testimony on HB 330. 4:32:08 PM MR. BALLINGER said that 38 states utilize tablets and education programming in correctional facilities. He opined that the department should be able to choose from the available options. In response to earlier questions, he directed attention to HB 330, page 2, line 11 and explained that this is the beginning of the list of prohibitions. He noted that, currently, computers are not allowed in cells. HB 330 would change this, allowing tablet use in cells - as long as the tabled is used for one of the approved purposes. He referred to HB 330, page 3, lines 12- 19, which detail the approved uses, and noted that this section specifies that computers (and digital tablets) "may not be used for any other purposes." He stated that this is existing language, which currently allows very limited computer use; HB 330 would expand this to include other uses. He noted that current statute references "computer" use [which is being interpreted to include tablet use]. He commented that, while this is technically accurate, it may not be as clear. He reiterated that being able to use tablets for these new tasks will benefit inmates and society by reducing recidivism. 4:34:00 PM CHAIR KAWASAKI held HB 330 in committee.