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 DAVE DONLEY, SPONSOR, spoke on behalf of SB 175. He maintained that SB 175 is a follow-up for the constitutional amendment that was approved by the voters in 1994. The constitutional amendment passed in 1994, dealt with victims rights and penal administration. The Constitutional amendment added rights for victims of crime, restitution from the offender, and community of condemnation to the criminal administration provisions of the principal of reformation and protection of the public. Senator Donley asserted that SB 175 seeks to fill these new constitutional mandates. According to Senator Donley SB 175 protects the public safety by prohibiting participation or instruction in martial arts or any other activity that would 2 facilitate violent behavior. He maintained that such activities serve no rehabilitation purpose and can make prisoners more dangerous. He stated that the prohibition against body building and weight lifting equipment would also serve the public safety goal. He noted that these provisions were removed and asked that they be restored. He added that SB 175 enhances rehabilitation opportunities for prisoners by increasing vocational training opportunities in an effort to increase both the productivity and the number of inmates in the Correctional Industries Program. He stated that the community condemnation mandate would be fulfilled by the removal of "frills" which are currently available in some Alaskan prisons, such as premium cable television, compact disc players and possession of pornographic materials. He noted that the original version included a ban on video cassette recorders (VCRs) and personal computers in inmate's individual rooms. He stated that computers were available in common areas where they can be used for educational purposes. Senator Donley emphasized that SB 175 will reduce costs for prisoner medical expenses. He discussed health care costs for inmates with catastrophic illness. Senate Bill 175 would allow the Department greater flexibility in granting "special medical paroles". He observed that the savings from this provision is impossible to predict. He maintained that a lot of money could be saved if a few inmates became seriously ill. Senator Donley reiterated that he supports computers in common areas for educational or vocational use. Senator Donley noted that CSSS SB 175 (FIN)am would provide for individual televisions in inmate cells as an incentive. Inmates would have to make restitution to victims, achieve a high school equivalency diploma and comply with court orders for drug, alcohol or sex counseling. In response to a question by Co-Chair Hanley, Senator Donley clarified that under HCS CSSS SB 175 (JUD), CD players are banned, VCRs and personal computers are allowed in rooms. Tape players are allowed under both versions of the bill. In the House version computers are allowed in cells if they are only for educational or vocational purposes. The Senate version bans them in individual cells. In response to a question by Representative Mulder, Senator Donley explained that the Department requested that "special medical paroles" be expanded to cover inmates that would be restricted to wheel chairs. Representative Brown MOVED to adopt Amendment 1, 9-LS958\H.6 3 (copy on file). Amendment 1 is a technical amendment to clarify that the commissioner of the Department of Corrections shall use Alaska farm products and salmon. Representative Martin asked why prisoners need food as good as the armed services. Senator Donley noted that the bill requires that prisoners not receive food better than the quality or quantity of the army. Representative Mulder noted that halibut can sometimes be bought for as little as .49 cents a pound. He noted that prison officials could not purchase halibut even though it was the cheapest protein available because it exceed the guidelines. He recommended that halibut be included. Representative Martin suggested that "Alaskan seafood" be used. Senator Donely cautioned that king crab would be included under Alaskan seafood. Representative Brown MOVED to amend Amendment 1, insert "fish" and delete "salmon". There being NO OBJECTION, it was so ordered. There being NO OBJECTION to the main amendment, Amendment 1 as amended was adopted. Representative Brown MOVED to adopt Amendment 2, 9-LS095\H.7 (copy on file). She explained that Amendment 2 would insert "apparel" on page 4, line 11. There being NO OBJECTION, it was so ordered. Representative Brown discussed Amendment 3, 9-LS095\H.8 (copy on file). She noted that Amendment 3 would ban smoking in prisons by prisoners. She noted that private facilities would determine whether or not they allow smoking. Smoking in state facilities could be allowed for employees in designated areas that are not accessible to prisoners. She amended the amendment to have an effective date of July 1, 1997. The effective date change was recommended by the Department. Representative Martin noted that the best way to calm a prisoner down may be to let them smoke. He stated that if a prisoner kills himself, from smoking, it is cheaper than capital punishment. Representative Brown stated that smoking could be considered a frill. She maintained that smoking is a drug. Representative Martin suggested that the amendment would be cruel and unusual punishment. He stressed that there would be problems with inmates that are forced to stop smoking. Senator Donley noted that smoking has been banned in Oregon, 4 Texas, Kansas and Utah. Four other states have restricted smoking to designated areas. The legislation would ban smoking to designated areas without Amendment 3. Representative Grussendorf spoke against Amendment 3. A roll call vote was taken on the MOTION to adopt Amendment 3. IN FAVOR: Navarre, Therriault, Brown, Kohring OPPOSED: Mulder, Parnell, Grussendorf, Martin, Foster Co-Chair Hanley and Representative Kelly were absent from the vote. The MOTION FAILED (4-5). Representative Mulder MOVED to adopt Amendment 4, 9- LS0958\H.1 on behalf of Senator Donley (copy on file). Senator Donley explained that Amendment 4 would give the Correctional Industries a say in the additional vocational training. Representative Martin expressed support for vocational training. JERRY SHRINER, SPECIAL ASSISTANT, DEPARTMENT OF CORRECTIONS explained that anytime a product or service is produced by the correctional industries there is an impact on the community. He noted that the amendment is designed to address this issue. The Correctional Industries Commission can determine if there is significant impact to existing private industry. He noted that there are some federal programs which require a rehabilitative element. He stressed that the legislation can provide the rehabilitative element needed for federal funding. He emphasized that the Correctional Industries Commission can assure that there are no negative impacts. Representative Martin noted that the amendment states that there will be no impact from vocational training. Senator Donley observed that there is a difference between offering vocational training and having the industry in the prison. Representative Martin expressed concern that the amendment would limit vocational training opportunities. Discussion ensued regarding the difference of vocational training and correctional industries in relation to impacts on communities. Mr. Shriner stated that he did not think that the "free venture" laundry service would be prohibited by the legislation. Representative Brown agreed with Representative Martin that 5 the amendment would limit what vocational training opportunities would be available. She pointed out that the amendment requires vocational training to be under the Correctional Industries Program. She observed that the Correctional Industries Program can not serve current inmate demands. She emphasized that there may be self study programs. Representative Parnell asked if all vocational training occurs within Correctional Industries Program. Mr. Shriner noted that the commissioner of the Department of Corrections may also provide vocational training under AS 33.30. He stated that the amendment would not limit the commissioner's ability to provide vocational training under AS 33.30. A roll call vote was taken on the MOTION to adopt Amendment 4. IN FAVOR: Parnell, Mulder, Foster OPPOSED: Therriault, Brown, Grussendorf, Kohring, Martin Co-Chair Hanley and Representatives Kelly and Navarre were absent from the vote. The MOTION FAILED (3-5). Representative Mulder MOVED to adopt Amendment 5, 9- LS0958\H.2, on behalf of the Sponsor (copy on file). Senator Donley noted that the amendment would prohibit a VCR or computer in prisoners' cells. Representative Brown OBJECTED. She stressed the benefit of computers. She maintained that computers are an important part of rehabilitation. Representative Parnell ascertained that there are no state owned computers in individual cells. In response to a question by Representative Martin, Mr. Shriner noted that computers can be used as a reward for positive behavior. He noted that there are very few personal computers in individual cells. He observed that the Department supports the allowance of personal computers in individual rooms for purposes of education and training. He stressed that computers are not viewed as a "frill". A roll call vote was taken on the MOTION to adopt Amendment 5. IN FAVOR: Therriault, Martin OPPOSED: Brown, Grussendorf, Navarre, Kohring, Mulder, Parnell, Foster 6 Co-Chair Hanley and Amendment Kelly were absent from the vote. The MOTION FAILED (2-7). (Tape Change, HFC 96-142, Side 2) Representative Mulder MOVED to adopt Amendment 6, 9- LS0958\H.3, on behalf of Senator Donley (copy on file). Representatives Brown and Navarre OBJECTED. Amendment 6 would prohibit body building and weight lifting equipment. Senator Donley maintained that the public is concerned about the presence of body building and weight lifting equipment in prisons. He acknowledged that the majority of this equipment is paid for by the prisoners. He noted that aerobic equipment would not be prohibited. He maintained that inmates coming out of prison are "bulked up and look mean and nasty." He alleged that these people get out of prison and intimidate people. Mr. Shriner stated that the Department supports the elimination of free weights. He stated that the Department thinks that inmates tend to do a reasonable amount of exercise on other Nautilus type equipment. He emphasized that a reasonable amount of exercise is healthy, mentally and physically. Representative Navarre maintained that the use of free weights and other body building equipment is good. He emphasized the amount of discipline needed to stick with a routine. He stressed the benefit to inmate self esteem and mental and physical discipline. He noted that exercise can occupy a lot of the inmate's time. Representative Martin spoke in opposition to Amendment 6. He echoed remarks regarding the benefit to self esteem and discipline. Representative Kelly expressed concern for the safety of guards from prisoners using body and weight building equipment. He noted that aerobic training would still be available. In response to a question by Representative Therriault, Mr. Shriner explained that space requirement for the equipment varies. Representative Therriault pointed out that some body building equipment monopolizes needed correctional space. Senator Donely expressed support for an amendment to 7 Amendment 6 to restrict the prohibition to free weights. Representative Navarre pointed out that free weights can be used outdoors. He disputed the Sponsor's characterization that inmates use this equipment to become more intimidating. Representative Kohring spoke in support of Amendment 6. He did not think that body building and weight lifting equipment is appropriate in the prison environment. He stated that he meant to vote yes on Amendment 5. Representative Parnell noted constituent concern that prisons are not health spas. He questioned the state's contribution. Mr. Shriner stressed that most of the equipment belongs to inmates or inmate councils. Representative Therriault spoke in support of the multiple use of space. Representative Navarre noted that the commissioner can limit the use of body building and weight lifting equipment. A roll call vote was taken on the MOTION to adopt Amendment 6. IN FAVOR: Therriault, Kelly, Kohring OPPOSED: Brown, Grussendorf, Navarre, Martin, Mulder, Parnell, Foster Co-Chair Hanley was absent from the vote. The MOTION FAILED (3-7). Representative Mulder discussed Amendment 7, 9-LS0958\H.5 (copy on file). He referred to Kerr vs. state of Alaska. He explained that Amendment 7 would provide that the commissioner shall monitor or record conversations of prisoners in pretrial status. DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW observed that there has been abuse of the telephone system by individuals in pretrial status. Calls have been used to intimidate victims and witnesses. He noted that a new computerized phone system was suppose to eliminate these problems by limiting where prisoners can call. The phone system is not operational. He observed that the Cleary settlement provides that the State will not monitor phone calls of pretrial prisoners. Amendment 7 would be contrary to that court order. If it passes it would provide grounds for the State to move to set aside this provision of the Cleary order. 8 Representative Parnell questioned how the attorney/client privilege would be protected. Mr. Guaneli noted that inmates can call attorneys after cleared. Mr. Shriner noted that in some facilities recorders are turned off during calls with attorneys. In others, there are phones without recorders that are used only for calls to attorneys or the ombudsman. Mr. Guaneli stated that it would be rare for an attorney/client conversation to be monitored. He noted that a warrant or wirer taping order would be required. In response to a question by Representative Martin, Mr. Guaneli noted that courts have absolute immunity for any of their judicial acts or the consequences of their actions. He noted prisoners involved in a mail bombing case in Alaska were not pretrial prisoners. Discussion ensued regarding the mail bombing case. Mr. Guaneli noted that the amendment removes the prohibition against monitoring of pretrial prisoners. Representative Mulder MOVED to adopt Amendment 7. There being NO OBJECTION, it was so ordered. Representative Mulder discussed Amendment 8, 9-LS0958\H.4 (copy on file). He observed that the Department of Corrections is currently paying for the cost of post secondary education. The State spends $94.0 thousand dollars annually for the entire system. There are currently 17 individuals involved. He noted that the State has a contract with the University of Alaska. The cost would be the same for additional students. Representative Therriault asked if for statistical information regarding recidivism rates as related to education. Representative Brown noted a study from Texas which showed a decrease in recidivism the higher the education level of the prisoner. She maintained that individuals with a higher education are less likely to offend again. She spoke against the amendment. Representative Kelly stressed that there are a lot of factors involved in recidivism. Representative Mulder pointed out that the amendment does not prevent post secondary education from being offered. It would only prohibit the expenditure of state funds. Mr. Shriner clarified that the $94.0 thousand dollars paid to the University of Alaska only gets the service inside the 9 prison. Prisoners pay for their own tuition fees, books, lab fees and other expenses. They must also meet the same qualifications as other students. Representative Martin spoke in support of the amendment. He maintained that the program is being used by those that are already educated. Mr. Shriner noted that the expense was the same when 50 persons participated. He added that the Department is looking at ways to provide the same level of service at a reduced cost. He noted that not all courses are available through correspondence. In response to a question by Representative Therriault, Mr Shriner clarified that the State spends $94.0 thousand general fund dollars annually for the service. The per unit class cost is the same as for other students. Representative Kohring spoke in support of Amendment 8. He maintained that the program is a subsidy to inmates. (Tape Change, HFC 96-143, Side 1) Mr. Shriner noted that there are more inmates taking correspondence courses than are taking classes through the University of Alaska. Representative Brown spoke against an absolute spending ban. She stressed that spending can be monitored through the budget. She stressed that correspondence classes could be effected by the amendment's prohibition against state expenditures. Representative Therriault emphasized that a less costly delivery of the service should be sought. Mr. Shriner noted that the drop in participation occurred in the past two years. He stated that the drop in participation is a result of a lack of funding for tuition fees. Representative Parnell echoed concern that a literal interpretation of the amendment could restrict the State from providing a room or VCRs for educational use. Mr. Guaneli agreed that a literal interpretation could be limiting. He observed that the amendment is for general administrative cost and not tuition. He observed that some inmates taking college courses have been transferred to Arizona. Representative Mulder clarified that the contract is 10 annually awarded. He WITHDREW Amendment 8. Representative Martin MOVED to report HCS CSSB 175 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CSSB 175 (FIN) was reported out of Committee with a "do pass" recommendation and with three zero fiscal notes; one by the Department of Health & Social Services, dated 2/14/96; one by the Department of Public Safety, dated 4/1/96; and one by the Department of Corrections, dated 4/1/96.