SENATE BILL NO. 1 "An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of 'severely medically disabled' applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program." SENATOR DAVE DONLEY, SPONSOR SB 1, testified in support of the legislation. He observed that SB 1 is similar to SB 175, which passed the last legislative session (and was vetoed by the Governor). He compared SB 1 to SB 175. He observed that a two year delayed effective date was added to allow the Department to implement changes. Senate Bill 1 totally bans tobacco use in state correctional facilities. Senate Bill 1 mandates that food service in correctional facilities not exceed 90 percent of the per capita expenditure of the United States Army for food service of enlisted men in Alaska. Personal computers, VCR's, and pornographic materials are banned from prisoners' cells. Senate Bill 175 also banned compact disc players. The Department of Corrections requested that cassette tapes be banned instead of compact discs. He explained that cassette tapes are used to smuggle contra ban. A provision was added to adopt a fee schedule for utility use by prisoners to help offset the cost of electrical appliances in prisoners' cells. Prisoners are limited to no more than three appliances per cell. He noted that free weights are banned 2 under SB 1. Last year all body building equipment was banned under SB 175. He observed that many states and the federal government are banning free weights. Senate Bill 1 would also limit access and use of legal materials and legal assistance in correctional facilities. In an effort to curtail recreational litigation, guidelines would be placed regarding the filing of litigation by prisoners. The burden of proof, as relates to the filing of litigation, would be placed on the prisoner. He concluded by noting that additional statutory duties for the commissioner were added to establish programs that protect the victims of crimes committed by prisoners. Co-Chair Therriault referred to section 8. Section 8 allows the commissioner to limit access and use of legal materials and legal assistance in a correctional facility. Senator Donley noted that section 8 provides a standard for the commissioner to apply in regards to the prisoner's constitutional access to legal reference materials or assistance. The court cannot enter an order to gain relief unless it finds, by a preponderance of the evidence, that the enforcement of any restriction hinders the prisoner from access. He noted that there are no current standards. Under the Cleary settlement every correctional facility has a full, up to date law library. This is not a United States constitutional requirement. Private institutions do not have this requirement. Senator Donley discussed section 3. He noted that inmates that do not present a danger to the public or are incapacitated to the point that they could not commit a crime could be paroled for medical conditions. He observed that the State bears the cost of medical care for prisoners while they are in a state facility. The federal government will pick up 50 percent of the cost if they are outside of a state facility. He emphasized that one case could cost the State $250 thousand dollars. This provision would expand the existing law. The existing law requires that an inmate be bedridden to be eligible. Under SB 1, a prisoner in a wheel chair could be eligible. He stated that the intent is to capture 10 cases a year under the change. He noted that the fiscal notes do not reflect an estimated reduction. He explained that a typical case would be someone who is terminal ill. BRUCE RICHARDS, DEPARTMENT OF CORRECTIONS recounted a case where a prisoner jumped out of a second floor window and became paralyzed. The prisoner was no longer a threat to public safety. Representative Davies noted that prisoners' medical costs would be shifted to the federal government. Senator Donley 3 observed that state prisoners are not eligible for medicaid. Representative Davies suggested that the congressional delegation be approached about changing the federal law. Representative Davis stressed that correctional officers should not be restricted from using whatever techniques are needed to control hazardous situations. He asked what is the current food standard. Senator Donley noted that each facility has its own rules. Some institutions are already tobacco free. The bill would adopt statewide standards. Other states with total tobacco bans have been successful. He observed that food standards would be 90 percent of the Department of Defense's cost of feeding soldiers in Alaska. The Department of Corrections currently meets this criteria. The cost of feeding a soldier in Alaska is $6.85 dollars a meal. In March, it cost the Department of Corrections $4.20 dollars per meal to feed prisoners. He acknowledged that food costs in March were low. He observed that there must be a balance between keeping the prisoners happy and the public's perception that prisons should be for punishment. Representative Mulder observed that SB 1 has improved the provisions of SB 175. He asked if the purchase of Alaska seafood was addressed in the legislation. Senator Donley noted that the use of salmon is encouraged by the legislation. Representative Mulder stated that prison supervisors have indicated that the flow of outside money into prisons is a problem. He suggested that the flow of money should be reduced to allow better management of prisoners. He noted that there may be some constitutional problems with an amendment to restrict prisoners from obtaining money while in prison. In response to a question by Representative Davies, Senator Donley clarified that the cost of feeding soldiers in Alaska is readily available through the Department of Defense. He observed that last month was a particularly good month for the Department of Corrections. The Department's average food cost is approximately 85 percent of the Department of Defense's cost of feeding enlisted men in Alaska. Representative Davies acknowledged that there was a strong public reaction to the use of king crab in prisons. He questioned if food quality in state correctional facilities is too high. Senator Donley did not think there is a problem with the current Administration. He stressed the need to balance the public's and inmates' interests. Representative Davies referred to page 6, lines 3 and 4 which encourages the use of Alaska salmon. He maintained 4 that there is not a major over expenditure in food costs. He recounted that the food in facilities is pretty poor. Representative Davies questioned if language on page 3, line 4, regarding living conditions pertain to private prisons. Senator Donley observed that private prisons are not under the same restraints. He emphasized that private prisons have an economic restraint. Representative Davies stressed that private prisons could allow a higher standard. Senator Donley noted that the commissioner can impose restrictions on private facilities. He maintained that the commissioner should have the flexibility to negotiate the best package they can for the State. He observed that private facilities are trying to meet a price. He noted the difficulty of convincing the public of the need for additional prisons when the public perceives that there are "frills" in the prisons. He maintained that the public will be more willing to finance additional facilities if there are standards. Representative Davies referred to section 5. Senator Donley explained that the intent is to make sure there are no facilities in the State where people have total privacy. An exception is included for state purchases of existing buildings that may not be setup as a prison, such as a military base. This only applies to public facilities. He noted that some private facilities operate dormitories. The State's use of dormitories is limited under the Cleary settlement. Representative Davies discussed the limit of computer use on page 5. He questioned why personal letters were being restricted. Senator Donley noted the difficulty of keeping track of material on hard drives. The legislation allows the use of computers in a public space. Representative Davies asked why computers could not be used as a typewriter in a public space to write letters. Senator Donley noted that the question was not previously raised. Representative Davies pointed out that commuters are commonly used as typewriters. Senator Donley did not see a problem with use of computers for personal letters. He did see a problem with "opening the window for personal uses other than employment, education, or vocational training. Representative Mulder maintained that it is important that public safety standards be placed upon private facilities. He stressed that management tools need to be flexible. He observed that the daily food costs in Alaska are two to three times higher than food costs in Arizona. Representative Davis noted that the commissioner has the 5 latitude to require private facilities to implement whatever provisions are needed. Mr. Richards observed that the Department of Corrections has worked with Senator Donley on the legislation. He acknowledged that there are always concerns when management tools are limited. He noted that some of the provisions have already been implemented. He stated that many of the Department's concerns have been addressed. Representative Davies asked if electrical charges were reasonable. Mr. Richards stated that the amount collected from a $3 dollar fee would be approximately equal to the cost of implementation. He did not know the exact fee necessary to break even. Representative Davis questioned if "appliance" should be used instead of "utility" on page 6, line 6. Representative Mulder observed that the Department needs to determine how much electricity is being consumed by the total inmate population, as relates to appliances, before the cost for each appliance can be factored. Co-Chair Therriault thought that "utility" was appropriately used. Co-Chair Therriault noted that the fiscal notes from the Department of Law and the Department of Public Safety are zero. The Department of Corrections has a $20 thousand dollars fiscal note. (Tape Change, HFC 97-113, Side 2) In response to a question by Representative Davies, Senator Donley emphasized that there is not enough work for all the inmates. He noted that the legislation increases vocational training opportunities. He did not think that inmate work hours should be limited. Representative Davies MOVED to insert "premium" before "cable" on page 4, line 2; and delete "other than a level of basic cable television service". He explained that the intent is to prohibit premium cable service. Co-Chair Therriault OBJECTED. Senator Donley pointed out that the legislation already prohibits premium cable. He noted that in areas where broadcast television service is not available basic cable would be allowed. The amendment would state that basic cable is allowed in all cases. Representative Davies expressed concern that litigation will occur in regards to what broadcast services are available. He spoke in support of the amendment. He stated that 6 broadcast television may disappear. Representative Davis spoke against the amendment. He clarified that the intent is not to get rid of major sport coverage. Senator Donley noted that there are seven facilities that have no cable, five facilities that have basic cable, and three facilities that have premium cable, in Alaska. He explained that the intent is to allow prisoners the same access to television as the average citizen. He stated that it is appropriate that prisoners have to use broadcast television that is available to the normal population. A roll call vote was taken on the MOTION to adopt Amendment 1. IN FAVOR: Moses, Davies OPPOSED: Davis, Foster, Kohring, Mulder, Therriault Co-Chair Hanley and Representatives Grussendorf, Kelly, and Martin were absent for the vote. The MOTION FAILED (2-5). Representative Davies MOVED to insert "correspondence with the prisoner's family" after "education" on page 5, line 5. Senator Donley stated that the criteria in the bill is good. He stressed that people in prison give up some of their privileges. A roll call vote was taken on the MOTION to adopt Amendment 2. IN FAVOR: Moses, Davies OPPOSED: Davis, Foster, Kohring, Mulder, Therriault Co-Chair Hanley and Representatives Grussendorf, Kelly, and Martin were absent for the vote. The MOTION FAILED (2-5). Representative Foster MOVED to report HCS CSSB 1 (JUD) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CSSB 1 (JUD) was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Department of Corrections; and with two zero fiscal notes, one by the Department of Public Safety, and one by the Department of Law, all dated 1/30/97. 7