Sectional Analysis for SB 1 (FIN)

"The No Frills Prison Act"

Section #1 - refers to Sections 4-6 of this act as the "Alaska No Frills Prison Act".

Section #2 - provides intent language that conditions in Alaskan prisons not be substantially more favorable than what is required by the Alaska and United States constitutions unless the commissioner of corrections has reasonable grounds to believe that such conditions foster rehabilitative programs and rewards for good behavior.

Section #3- amends the definition of "severely medically disabled" inmates. Parole could granted in instances where:

  1. the inmate suffers from a medical condition that reduces the likelihood of that inmate committing an offense similar for which the inmate was convicted.
  2. the inmate suffers from a medical condition that reduces the probability of that inmate committing an offense punishable as a felony.
  3. the inmate suffers from a medical condition and is likely to suffer from that condition for the remainder of the parole.
  4. the inmate is likely to die from the medical condition.

Rationale: expands the definition of "severely medically disabled" inmates to allow the Department of Corrections to parole certain inmates. Parole would only be granted under this clause if the inmate's physical ability to commit an offense similar to the offense for which the inmate was convicted of an offense punishable by a felony is substantially eliminated. When the department began "furloughing" individuals under the existing "severely medically disabled" clause, only 5 or so individuals qualified for release. With this expanded definition, the department expects that certain individuals could qualify as "severely medically disabled" saving the state a significant amount in medical costs. The parole of only one such prisoner could save the state as much as $500,000.

Section #4 - Requires the Commissioner to establish, maintain, operate, and control each correctional facility in a manner consistent with Section #4 of the bill. It also requires the Commissioner to determine who is responsible for medical costs when inmates are provided medical services. Also adds language requiring the commissioner to incorporate policies that will protect victims of crime in addition to other existing programs.

Rationale: defines the duties of the Commissioner with respect to section #4 of the bill which places limits on certain luxuries including access to premium cable television, free weights and pornographic material. The section also requires the Commissioner to establish programs to better protect the rights of crime victims.

Section #5 - mandates that the Commissioner shall: when providing food service, not exceed 90% of what the United States Army expends for food service to its enlisted personnel stationed in Alaska.

Rationale: gives the Department clear parameters when budgeting for food services costs. Currently, the Department of Corrections spends less on food service costs per capita than the United States Army. In 1995 the Department of Correction spent $4.71 per person on food service costs while $5.91 was spent on per day food services costs at Elmendorf Air Force base.

This section also mandates that the Commissioner may not provide:

  1. living quarters in which the view into the quarters is obstructed; certain state facilities already in operation would be exempt from this provision. Additionally, any facility (built before the effective date of this legislation) acquired by the state in the future would also be exempt.
  2. access to equipment or facilities for publishing or broadcasting material whose content is not consistent with facility guidelines or discipline.
  3. access to premium cable television service.

This section also prohibits:

  1. possessing a tape cassette player or video cassette recorder, or a computer in individual living quarters.
  2. viewing of "R","X", or "NC-17" rated movies.
  3. possessing printed or photographic material which;
  1. is defined by the Commissioner as obscene
  2. is detrimental to the security, good order and discipline of the institution
  3. could be reasonably be expected to aid in an escape or in the theft or in destruction of property
  4. describes procedures for brewing alcohol, or making of controlled substances, weapons or explosives
  5. facilitates criminal activity or a violation of institutional rules
  1. participating or receiving instruction in any activity, in the opinion of the commissioner, that would facilitate violent behavior.
  2. using or possessing free weights.
  3. possessing a coffee pot, hot plate, appliance, or heating element in their living quarters or more than three electrical appliances.
  4. possessing apparel or appearing in a state of dress that is not consistent with the guidelines of the facility.
  5. using a computer other than those approved by the institution, the use
  6. may only be part of an educational, vocational or employment program.
  7. use of tobacco products.

The commissioner determines whether the provisions of this section apply to half-way houses and correctional facilities not run by the state.

On January 1, 1998 the commissioner may not allow televisions in a prisoner's cell if that prisoner has been classified as maximum custody.

The commissioner may also allow a prisoner in a medium or minimum security prison to possess a television in their individual living area as long as the prisoner:

  1. is incapable of obtaining or has attained a high school diploma or general education development diploma.
  2. is engaged in a educational, vocational training, or work program.
  3. has satisfied all restitution orders or is on a regular and current payment schedule for all restitution orders entered by the court and, if applicable, engaged in court or department ordered counseling programs.
  4. pays for the cost of providing the television and cable service.

Rationale: helps better implement the constitutional standards adopted in 1994 of "community condemnation" and "victim restitution" for penal administration by limiting certain "frills" and making court order restitution to victims.

This language also permits the Commissioner of Corrections to allow television in personal living quarters as an incentive for good behavior. Television is a powerful incentive to motivate prisoners compliance with important rehabilitation programs. Under existing law, little can be done to force inmate compliance with court ordered restitution or rehabilitation programs. The potential removal of a very visible, powerful behavioral reward like television will increase inmate compliance with court orders.

This section also mandates that the commissioner shall charge a fee of $2 a month for prisoners who possess electrical appliances to help offset the costs of providing electrical utilities. Prisoners who are developmentally disabled, severely medically disabled, housed in a mental health or psychiatric unit or awaiting classification are exempt from this provision.

Rationale: conveys a message to the public that the department is fiscally responsible and makes inmates responsible for themselves.

The Commissioner has two years to implement, following the effective date of this act, all provisions of this section.

Section #6 - allows a law enforcement agency to recoup medical costs for medical services provided to prisoners in their care. The agency may require inmates to compensate the agency for the cost or for a portion of the cost of medical services provided for any preexisting medical condition.

Section #7 - states that it is the policy of the department to have prisoners be productively employed for as many hours each day as feasible.

Rationale: establishes a strong work ethic which will better prepare inmates for their post-institution life. "Reformation" is one component of penal administration used to rehabilitate inmates. This section helps implement this principle by requesting that the department actively employ as many inmates as feasible.

Section #8 - allows the commissioner to limit access and use of legal materials and legal assistance in a correctional facility. The section further stipulates the court may not enter an order to gain relief from such limits without first finding the restrictions hinder the inmate from gaining meaningful access to the court for the purpose of challenging:

  1. the prisoner's sentences; or
  2. the conditions of the prisoner's confinement.

The court may also provide relief to these restrictions if a state court specifically determines that a provision of the state constitution necessarily requires a prisoner to have access to and use of the legal reference materials or legal assistance.

Rationale: places clear guidelines on when inmates may file lawsuits in an effort to curtail "recreational litigation". Numerous states have been facing astronomical increases in law suits filed by prisoners. No monetary damages are awarded in 95% of these suits.

Section #9 - removes the prohibition against monitoring of phone calls in pre-trial facilities. Additional language states that a person may not bring a civil action for damages against the department for the failure to monitor or record a telephone conversation or for the failure to take action based upon a telephone conversation that was monitored or recorded.

Rationale: better defines the circumstances in which the department may monitor telephone conversations of inmates. This section also removes liability from the state in situations where the department did not take monitor or take action upon a telephone conversation that was monitored or recorded. This section would help remove the abuse of telephone systems in pretrial facilities.

Section #10 & 11 - allows the department, at its discretion, to provide vocational training for inmates.

Rationale: provides vocational training opportunities to those individuals who lack necessary job skills.

Section #12 - states that the commissioner of corrections is not required under this bill to establish or administer a vocational training program under correctional industries.

Rationale: removes liability from the department in situations where it is not possible to provide vocational training programs.

Section #13 - gives the commissioner the authority to collect fees for electrical services as referenced in Section #5 of the bill.

Rationale: conforms with the requirements set out in Section #5 of the bill regarding charges for utilities.

Section #14 - extends the sunset date for the Correctional Industries Program from the year 1999 to the year 2005.

Rationale: allows the department to develop a stable and long range plan to provide more marketable products and work opportunities for inmates.

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