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.