Alaska Laws Concerning
Weightlifting In Prison

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Alaska Laws and Lawmaking

Senate bill #1 was enacted 29 May 1997 and became part of Chapter 49. SLA 97.

HOUSE BILL NO. 74
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTIETH LEGISLATURE - FIRST SESSION

BY REPRESENTATIVE OGAN
Introduced: 1/16/97
Referred: Judiciary, Finance 
A BILL FOR AN ACT ENTITLED
"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."

BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. Sections 3 - 6 of this Act may be known as the "Alaska No Frills Prison Act."

* Sec. 4. AS 33.30 is amended by adding new sections to read:
Living conditions for prisoners. (a) In implementing this chapter, the commissioner may not
(1) make per capita expenditures for food for prisoners in a state correctional facility operated by the state that exceed 90 percent of per capita expenditures for food that is available to enlisted personnel in the United States Army stationed in the state

(2) provide in a state correctional facility operated by the state
(A) living conditions and recreational opportunities to prisoners within a correctional facility that substantially exceed the conditions that may be required of the state by the Constitution of the United States or the constitution of the state;

(B) living quarters for a prisoner into which the view is obstructed; however, the commissioner may not be required to renovate the cells of a correctional facility that, on the effective date of this Act, confines prisoners in cells equipped with doors that do not have bars or windows;

(C) equipment or facilities for publishing or broadcasting material the content of which is not subject to prior approval by the department as consistent with keeping order in the institution and prisoner discipline;

(D) cable television service other than a level of basic cable television service that is available as a substitute for services that are broadcast to the public in the community in which a correctional facility is located;

(3) allow a prisoner held in a state correctional facility operated by the state to

(A) make unmonitored telephone calls, except for calls between the prisoner and the prisoner's legal counsel

(B) possess in the prisoner's cell a compact disc player, a video cassette recorder (VCR), or a computer or modem of any kind;

(C) view movies rated "R," "X," or "NC-17," or that do not have a rating;

(D) possess printed material that visually depicts a person's genitals, anus, or female breast;

(E) receive instruction in person, or by broadcast or printed medium, or engage in boxing, wrestling, judo, karate, or other martial art, in bodybuilding, or in any activity that, in the commissioner's discretion, would facilitate violent behavior;

(F) possess or have access to free weights or other equipment for use in the activities listed in (E) of this paragraph;

(G) possess in the prisoner's cell a coffee pot, hot plate, appliance or heating element for food preparation, or more than three electrical appliances of any kind;

(H) possess or appear in a state of dress, hygiene, grooming, or appearance other than as permitted as uniform or standard in the correctional facility;

(I) use a computer other than those approved by the correctional facility; the use of a computer under this subparagraph may be approved only as part of the prisoner's employment or vocational training and may not be used for any other purpose;

(J) smoke or use tobacco products of any kind.

(b) The commissioner may determine whether the provisions of (a) of this section shall apply to correctional facilities that are not operated by the state and may negotiate with a provider of services for the detention and confinement of persons held under authority of state law under contract or agreement whether the living conditions set out in (a) of this section shall apply to persons held under authority of state law at a facility operated under contract or agreement.

(c) On and after January 1, 1998, the commissioner may not allow a prisoner to possess a television in the prisoner's cell if the prisoner is classified as maximum custody under AS 33.30.011

(2)(d) Subject to (e) of this section, on and after January 1, 1999, the commissioner may allow a prisoner who, under AS 33.30.011 (2), has been classified as other than maximum custody to possess a television in the prisoner's cell only if the prisoner

(1) has attained a high school diploma or general education development diploma or the equivalent;

(2) is actively engaged in an educational, vocational training, or employment program;

(3) has satisfied all restitution orders entered by the court as part of the prisoner's sentence and, if applicable, is actively engaged in a treatment plan or counseling or rehabilitation program ordered by the court as part of the prisoner's sentence; and

(4) pays for the expense of providing the television and, in addition to the utility service fee required by AS 33.30.017 , pays for the expense of providing any cable television service.

(e) The commissioner shall use appropriate technology to screen programs received by prisoners under (d) of this section. Sec. 33.30.017. Fees for utilities services for prisoners.

a) The commissioner shall establish a reasonable utility fee for electrical utilities that are used by prisoners who are confined in a state correctional facility. The fee may not exceed $2 a month.

(b) The commissioner shall

(1) charge each prisoner who possesses at least one major electrical appliance the utility fee established in (a) of this section; the commissioner may deduct the utility fee monthly from the account established for a prisoner into which money due the prisoner for labor is paid; if a prisoner is indigent, the commissioner shall make the deduction from any amount credited to the indigent inmate's account;

(2) if available from legislative appropriation, expend money deducted and collected under (1) of this subsection to offset the cost of the department's utility expenses; the commissioner shall annually report on the amounts that are collected and expended under this paragraph.

(c) The provisions of (b) of this section do not apply to prisoners

(1) who are

(A) developmentally disabled; or
(B) severely medically disabled, as that term is defined in AS 33.16;
(2) who are housed in a mental health unit or psychiatric unit of a state correctional facility; or
(3) while placed in a state correctional facility awaiting classification under classification procedures for the purpose of making the appropriate assignment of the prisoner.



Senate Bill 0001

* Sec. 14. Section 7, ch. 53, SLA 1982, as amended by sec. 1, ch. 25, SLA 1987, by sec. 4, ch. 77, SLA 1991, and by sec. 10, ch. 93, SLA 1995, is amended to read: Sec. 7. AS 33.32 is repealed July 1, 2005 [1999]. SB0001 CSSB 1(JUD) CS FOR SENATE BILL NO. 1(JUD) IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTIETH LEGISLATURE - FIRST SESSION BY THE SENATE JUDICIARY COMMITTEE Offered: 1/30/97 Referred: Finance Sponsor(s): SENATORS DONLEY, Halford, Pearce, Green, Leman, Taylor A BILL FOR AN ACT ENTITLED "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." BE IT ENACTED BY THE STATE OF ALASKA: * Section 1. Sections 4 - 6 of this Act may be known as the "Alaska No Frills Prison Act." * Sec. 2. INTENT. It is the intent of secs. 4 - 6 of this Act that conditions in facilities for prisoners within the Department of Corrections not be substantially more favorable than required by the constitutions of this state and the United States unless the commissioner of corrections has reasonable grounds to believe such conditions are consistent with fostering rehabilitative programs or rewarding good behavior within state prisons. * Sec. 3. AS 33.16.900 (11) is amended to read: (11) "severely medically disabled" means that a person has a medical condition that substantially eliminates the physical ability to commit an offense similar to the offense for which the person was convicted or to commit an offense in violation of AS 11.41 that is punishable as a felony, [REQUIRES THE PERSON SUFFERING FROM THE CONDITION TO BE CONFINED TO BED] and the person is likely to (A) remain subject to the medical condition [BE CONFINED TO BED] throughout the entire period of parole; or (B) die from the medical condition; * Sec. 4. AS 33.30.011 is amended to read: Sec. 33.30.011. Duties of commissioner. The commissioner shall (1) establish, maintain, operate, and control correctional facilities suitable for the custody, care, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; each correctional facility operated by the state shall be established, maintained, operated, and controlled in a manner that is consistent with AS 33.30.015 ; (2) classify prisoners; (3) for persons committed to the custody of the commissioner, establish programs, including furlough programs that are reasonably calculated to (A) protect the public and the victims of crimes committed by prisoners; (B) maintain health; (C) create or improve occupational skills; (D) enhance educational qualifications; (E) support court-ordered restitution; and (F) otherwise provide for the rehabilitation and reformation of prisoners, facilitating their reintegration into society; (4) provide necessary (A) medical services for prisoners in correctional facilities or who are committed by a court to the custody of the commissioner, including examinations for communicable and infectious diseases; (B) psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that (i) a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and (ii) the potential for harm to the prisoner by reason of delay or denial of care is substantial; (5) establish minimum standards for sex offender treatment programs offered to persons who are committed to the custody of the commissioner; and (6) provide for fingerprinting in correctional facilities in accordance with AS 12.80.060 . * Sec. 5. AS 33.30 is amended by adding new sections to read: Sec. 33.30.015. Living conditions for prisoners. (a) On and after the date that is two years after the effective date of this Act, the commissioner may not (1) make per capita expenditures for food for prisoners in a state correctional facility operated by the state that exceed 90 percent of per capita expenditures for food that is available to enlisted personnel in the United States Army stationed in the state; (2) provide in a state correctional facility operated by the state (A) living quarters for a prisoner into which the view is obstructed; however, the commissioner may not be required to renovate the cells of a correctional facility that, on the effective date of this Act, confines prisoners in cells equipped with doors that do not have bars or windows; (B) equipment or facilities for publishing or broadcasting material the content of which is not subject to prior approval by the department as consistent with keeping order in the institution and prisoner discipline; (C) cable television service other than a level of basic cable television service that is available as a substitute for services that are broadcast to the public in the community in which a correctional facility is located; (3) allow a prisoner held in a state correctional facility operated by the state to (A) possess in the prisoner's cell a cassette tape player or recorder, a video cassette recorder (VCR), or a computer or modem of any kind; (B) view movies rated "R," "X," or "NC-17," or that do not have a rating; (C) possess printed or photographic material that (i) is obscene as defined by the commissioner in regulation; (ii) could reasonably be expected to incite racial, ethnic, or religious hatred that is detrimental to the security, good order, or discipline of the institution or violence; (iii) could reasonably be expected to aid in an escape or in the theft or destruction of property; (iv) describes procedures for brewing alcoholic beverages or for manufacturing controlled substances, weapons, or explosives; or (v) could reasonably be expected to facilitate criminal activity or a violation of institution rules; (D) receive instruction in person, or by broadcast medium, or engage in boxing, wrestling, judo, karate, or other martial art or in any activity that, in the commissioner's discretion, would facilitate violent behavior; (E) possess or have access to free weights or other equipment for use in the activities listed in (D) of this paragraph; (F) possess in the prisoner's cell a coffee pot, hot plate, appliance or heating element for food preparation, or more than three electrical appliances of any kind; (G) possess or appear in a state of dress, hygiene, grooming, or appearance other than as permitted as uniform or standard in the correctional facility; (H) use a computer other than those approved by the correctional facility; the use of a computer under this subparagraph may be approved only as part of the prisoner's employment, education, or vocational training and may not be used for any other purpose; (I) smoke or use tobacco products of any kind. (b) The commissioner may determine whether the provisions of (a) of this section shall apply to correctional facilities that are not operated by the state and may negotiate with a provider of services for the detention and confinement of persons held under authority of state law under contract or agreement whether the living conditions set out in (a) of this section shall apply to persons held under authority of state law at a facility operated under contract or agreement. (c) On and after January 1, 1998, the commissioner may not allow a prisoner to possess a television in the prisoner's cell if the prisoner is classified as maximum custody under AS 33.30.011 (2). (d) The commissioner may allow a prisoner who, under AS 33.30.011 (2), has been classified as other than maximum custody to possess a television in the prisoner's cell only if the prisoner (1) either is incapable of obtaining or has attained a high school diploma or general education development diploma or the equivalent; (2) is actively engaged in an educational, vocational training, or employment program; (3) has satisfied or is on a regular and current payment schedule for all restitution orders entered by the court as part of the prisoner's sentence and, if applicable, is actively engaged in a treatment plan or counseling, psychiatric, or rehabilitation program ordered by the court or the department as part of the prisoner's sentence; and (4) pays for the expense of providing the television and, in addition to the utility service fee required by AS 33.30.017 , pays for the expense of providing any cable television service. (e) The commissioner shall use appropriate technology to screen programs received by prisoners under (d) of this section. Sec. 33.30.017. Fees for utilities services for prisoners. (a) The commissioner shall establish a reasonable utility fee for electrical utilities that are used by prisoners who are confined in a state correctional facility. The fee may not exceed $2 a month. (b) The commissioner shall (1) charge each prisoner who possesses at least one major electrical appliance the utility fee established in (a) of this section; the commissioner may deduct the utility fee monthly from the account established for a prisoner into which money due the prisoner for labor is paid; if a prisoner is indigent, the commissioner shall make the deduction from any amount credited to the indigent inmate's account; (2) if available from legislative appropriation, expend money deducted and collected under (1) of this subsection to offset the cost of the department's utility expenses; the commissioner shall annually report on the amounts that are collected and expended under this paragraph. (c) The provisions of (b) of this section do not apply to prisoners (1) who are (A) developmentally disabled; or (B) severely medically disabled, as that term is defined in AS 33.16.900 ; (2) who are housed in a mental health unit or psychiatric unit of a state correctional facility; or (3) while placed in a state correctional facility awaiting classification under classification procedures for the purpose of making the appropriate assignment of the prisoner. * Sec. 6. AS 33.30.071 (c) is amended to read: (c) Medical services for a prisoner who is unconscious or in immediate need of medical attention before admission to a correctional facility or commitment by a court to the custody of the commissioner of corrections shall be provided by the law enforcement agency having custody of the prisoner. The law enforcement agency may require the prisoner to compensate the agency for the cost or for a portion of the cost of medical services provided for any [A] preexisting medical condition [NOT ARISING OUT OF THE PRISONER'S ARREST]. * Sec. 7. AS 33.30.191 (a) is amended to read: (a) It is the policy of the state that prisoners be productively employed for as many hours each day as feasible [, NOT TO EXCEED 40 HOURS A WEEK UNLESS OVERTIME HAS BEEN SPECIFICALLY APPROVED BY THE COMMISSIONER]. * Sec. 8. AS 33.30 is amended by adding a new section to read: Sec. 33.30.193. Standard applicable to allowing prisoners access to and use of legal reference materials and legal assistance. If the commissioner imposes a restriction on access to and use of legal reference materials by or legal assistance of a prisoner in a state correctional facility, a court may not enter an order giving relief to the prisoner unless the court first finds, by a preponderance of the evidence, that enforcement or application of the restriction hinders the prisoner from having access to and use of the legal reference materials or legal assistance (1) in order to gain meaningful access to a court for the purpose of challenging (A) the prisoner's sentence; or (B) the conditions of the prisoner's confinement; or (2) in circumstances in which a state court has specifically determined 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.

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