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HOUSE BILL NO. 35
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE HIMSCHOOT
Introduced: 1/10/25
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to the use and possession of electronic devices by prisoners." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 33.30.015(a) is amended to read: 3
(a) The commissioner may not 4
(1) make per capita expenditures for food for prisoners in a state 5
correctional facility operated by the state that exceed 90 percent of per capita 6
expenditures for food that is available to enlisted personnel in the United States Army 7
stationed in the state; 8
(2) provide, in a state correctional facility operated by the state, 9
(A) living quarters for a prisoner into which the view is 10
obstructed; however, the commissioner is not required to renovate a facility to 11
comply with this subparagraph if the facility is being used as a correctional 12
facility on August 27, 1997, or if the facility was already built before being 13
acquired by the department; 14
(B) equipment or facilities for publishing or broadcasting 15 34-LS0355\N
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material the content of which is not subject to prior approval by the department 1
as consistent with keeping order in the institution and prisoner discipline; 2
(C) cable television service other than a level of basic cable 3
television service that is available as a substitute for services that are broadcast 4
to the public in the community in which a correctional facility is located; 5
(3) allow a prisoner held in a state correctional facility operated by the 6
state to 7
(A) possess in the prisoner's cell a 8
(i) cassette tape player or recorder, [A] video cassette 9
recorder (VCR), or telephone; 10
(ii) computer or electronic tablet unless used for a 11
purpose approved under (I) of this paragraph [A COMPUTER OR 12
MODEM OF ANY KIND]; 13
(B) view movies rated "R," "X," [OR] "NC-17," or television 14
shows rated "TV-MA"; 15
(C) possess printed or photographic material that 16
(i) is obscene as defined by the commissioner in 17
regulation; 18
(ii) could reasonably be expected to incite racial, ethnic, 19
or religious hatred that is detrimental to the security, good order, or 20
discipline of the institution or violence; 21
(iii) could reasonably be expected to aid in an escape or 22
in the theft or destruction of property; 23
(iv) describes procedures for brewing alcoholic 24
beverages or for manufacturing controlled substances, weapons, or 25
explosives; or 26
(v) could reasonably be expected to facilitate criminal 27
activity or a violation of institution rules; 28
(D) receive instruction in person, or by broadcast medium, or 29
engage in boxing, wrestling, judo, karate, or other martial art or in any activity 30
that, in the commissioner's discretion, would facilitate violent behavior; 31 34-LS0355\N
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(E) possess or have access to equipment for use in the activities 1
listed in (D) of this paragraph; 2
(F) possess or have access to free weights; 3
(G) possess in the prisoner's cell a coffee pot, hot plate, 4
appliance or heating element for food preparation, or more than three electrical 5
appliances of any kind; 6
(H) possess or appear in a state of dress, hygiene, grooming, or 7
appearance other than as permitted as uniform or standard in the correctional 8
facility; 9
(I) use a computer or electronic tablet other than those 10
approved by the correctional facility; the use of a computer or electronic 11
tablet under this subparagraph may be approved only to facilitate the 12
prisoner's rehabilitation or the prisoner's compliance with a reentry plan 13
or case plan developed under AS 33.30.011, as part of the prisoner's 14
employment, education, [OR] vocational training, access to legal reference 15
materials, visitation, or health care, or for another purpose identified by 16
the commissioner in regulation, and may not be used for any other purpose; 17
(J) smoke or use tobacco products of any kind; 18
(4) allow a state correctional facility operated by the state to 19
charge a fee for electronic mail or electronic visitation services. 20
* Sec. 2. AS 33.30.015 is amended by adding a new subsection to read: 21
(f) The commissioner may not replace in-person visitation with the use of a 22
computer or electronic tablet. To the extent practicable, the commissioner may not 23
replace an existing program or service provided to a prisoner for the purpose of 24
rehabilitation with the use of a computer or electronic tablet authorized under (a)(3)(I) 25
of this section. A computer or electronic tablet may be used only to supplement an 26
existing program or service. 27
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 28
read: 29
APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1 of this Act, and 30
AS 33.30.015(f), enacted by sec. 2 of this Act, apply to services used by a prisoner on or after 31 34-LS0355\N
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the effective date of this Act. 1