22 | 22 | | A BILL |
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23 | 23 | | |
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24 | 24 | | FOR AN ACT ENTITLED |
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25 | 25 | | |
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26 | 26 | | "An Act relating to the use and possession of electronic devices by prisoners." 1 |
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27 | 27 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 |
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28 | 28 | | * Section 1. AS 33.30.015(a) is amended to read: 3 |
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29 | 29 | | (a) The commissioner may not 4 |
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30 | 30 | | (1) make per capita expenditures for food for prisoners in a state 5 |
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31 | 31 | | correctional facility operated by the state that exceed 90 percent of per capita 6 |
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32 | 32 | | expenditures for food that is available to enlisted personnel in the United States Army 7 |
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33 | 33 | | stationed in the state; 8 |
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34 | 34 | | (2) provide, in a state correctional facility operated by the state, 9 |
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35 | 35 | | (A) living quarters for a prisoner into which the view is 10 |
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36 | 36 | | obstructed; however, the commissioner is not required to renovate a facility to 11 |
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37 | 37 | | comply with this subparagraph if the facility is being used as a correctional 12 |
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38 | 38 | | facility on August 27, 1997, or if the facility was already built before being 13 |
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39 | 39 | | acquired by the department; 14 |
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42 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
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43 | 43 | | |
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44 | 44 | | material the content of which is not subject to prior approval by the department 1 |
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45 | 45 | | as consistent with keeping order in the institution and prisoner discipline; 2 |
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46 | 46 | | (C) cable television service other than a level of basic cable 3 |
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47 | 47 | | television service that is available as a substitute for services that are broadcast 4 |
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48 | 48 | | to the public in the community in which a correctional facility is located; 5 |
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49 | 49 | | (3) allow a prisoner held in a state correctional facility operated by the 6 |
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50 | 50 | | state to 7 |
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51 | 51 | | (A) possess in the prisoner's cell a 8 |
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52 | 52 | | (i) cassette tape player or recorder, [A] video cassette 9 |
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53 | 53 | | recorder (VCR), or telephone; 10 |
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54 | 54 | | (ii) computer or electronic tablet unless used for a 11 |
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55 | 55 | | purpose approved under (I) of this paragraph [A COMPUTER OR 12 |
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56 | 56 | | MODEM OF ANY KIND]; 13 |
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57 | 57 | | (B) view movies rated "R," "X," [OR] "NC-17," or television 14 |
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58 | 58 | | shows rated "TV-MA"; 15 |
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59 | 59 | | (C) possess printed or photographic material that 16 |
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60 | 60 | | (i) is obscene as defined by the commissioner in 17 |
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61 | 61 | | regulation; 18 |
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62 | 62 | | (ii) could reasonably be expected to incite racial, ethnic, 19 |
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63 | 63 | | or religious hatred that is detrimental to the security, good order, or 20 |
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64 | 64 | | discipline of the institution or violence; 21 |
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65 | 65 | | (iii) could reasonably be expected to aid in an escape or 22 |
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66 | 66 | | in the theft or destruction of property; 23 |
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67 | 67 | | (iv) describes procedures for brewing alcoholic 24 |
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68 | 68 | | beverages or for manufacturing controlled substances, weapons, or 25 |
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69 | 69 | | explosives; or 26 |
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70 | 70 | | (v) could reasonably be expected to facilitate criminal 27 |
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71 | 71 | | activity or a violation of institution rules; 28 |
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72 | 72 | | (D) receive instruction in person, or by broadcast medium, or 29 |
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73 | 73 | | engage in boxing, wrestling, judo, karate, or other martial art or in any activity 30 |
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76 | 76 | | New Text Underlined [DELETED TEXT BRACKETED] |
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77 | 77 | | |
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78 | 78 | | (E) possess or have access to equipment for use in the activities 1 |
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79 | 79 | | listed in (D) of this paragraph; 2 |
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80 | 80 | | (F) possess or have access to free weights; 3 |
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81 | 81 | | (G) possess in the prisoner's cell a coffee pot, hot plate, 4 |
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82 | 82 | | appliance or heating element for food preparation, or more than three electrical 5 |
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83 | 83 | | appliances of any kind; 6 |
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84 | 84 | | (H) possess or appear in a state of dress, hygiene, grooming, or 7 |
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85 | 85 | | appearance other than as permitted as uniform or standard in the correctional 8 |
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86 | 86 | | facility; 9 |
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87 | 87 | | (I) use a computer or electronic tablet other than those 10 |
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88 | 88 | | approved by the correctional facility; the use of a computer or electronic 11 |
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89 | 89 | | tablet under this subparagraph may be approved to facilitate the prisoner's 12 |
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90 | 90 | | compliance with a reentry plan or case plan developed under AS 33.30.011 13 |
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91 | 91 | | or [ONLY] as part of the prisoner's rehabilitation, employment, education, 14 |
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92 | 92 | | [OR] vocational training, access to legal reference materials, visitation, or 15 |
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93 | 93 | | health care, or for another purpose identified by the commissioner in 16 |
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94 | | - | regulation and may not be used for any other purpose or as a substitution for 17 |
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95 | | - | in-person visitation, receiving mail, receiving medical services, or other in-18 |
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96 | | - | person communication; 19 |
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97 | | - | (J) smoke or use tobacco products of any kind; 20 |
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98 | | - | (4) allow a state correctional facility operated by the state to 21 |
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99 | | - | charge a fee for electronic mail or electronic visitation services. 22 |
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100 | | - | * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 23 |
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101 | | - | read: 24 |
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102 | | - | APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1 of this Act, applies to 25 |
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103 | | - | services used by a prisoner on or after the effective date of this Act. 26 |
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| 94 | + | regulation [AND MAY NOT BE USED FOR ANY OTHER PURPOSE]; 17 |
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| 95 | + | (J) smoke or use tobacco products of any kind; 18 |
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| 96 | + | (4) allow a state correctional facility operated by the state to 19 |
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| 97 | + | charge a fee for electronic mail or electronic visitation services. 20 |
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| 98 | + | * Sec. 2. AS 33.30.015 is amended by adding a new subsection to read: 21 |
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| 99 | + | (f) The commissioner may not replace in-person visitation with the use of a 22 |
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| 100 | + | computer or electronic tablet. 23 |
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| 101 | + | * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 24 |
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| 102 | + | read: 25 |
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| 103 | + | APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1 of this Act, applies to 26 |
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| 104 | + | services used by a prisoner on or after the effective date of this Act. 27 |
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