PRISONERS: ELECTRONIC DEVICES, ID CARDS, the official text

00Enrolled HB 35
01Relating to the use and possession of electronic devices by prisoners; and relating to 
02 identification cards. 
03 _______________ 
04 * Section 1. AS 33.30.015(a) is amended to read: 
05 (a) The commissioner may not 
06 (1) make per capita expenditures for food for prisoners in a state 
07 correctional facility operated by the state that exceed 90 percent of per capita 
08 expenditures for food that is available to enlisted personnel in the United States Army 
09 stationed in the state; 
10 (2) provide, in a state correctional facility operated by the state, 
11 (A) living quarters for a prisoner into which the view is 
12 obstructed; however, the commissioner is not required to renovate a facility to 
13 comply with this subparagraph if the facility is being used as a correctional 
14 facility on August 27, 1997, or if the facility was already built before being 
15 acquired by the department;

01 (B) equipment or facilities for publishing or broadcasting 
02 material the content of which is not subject to prior approval by the department 
03 as consistent with keeping order in the institution and prisoner discipline; 
04 (C) cable television service other than a level of basic cable 
05 television service that is available as a substitute for services that are broadcast 
06 to the public in the community in which a correctional facility is located; 
07 (3) allow a prisoner held in a state correctional facility operated by the 
08 state to 
09 (A) possess in the prisoner's cell a 
10 (i) cassette tape player or recorder, [A] video cassette 
11 recorder (VCR), or telephone; 
12 (ii) computer or electronic tablet unless used for a 
13 purpose approved under (I) of this paragraph [A COMPUTER OR 
14 MODEM OF ANY KIND]; 
15 (B) view movies rated "R," "X," or "NC-17"; 
16 (C) possess printed or photographic material that 
17 (i) is obscene as defined by the commissioner in 
18 regulation; 
19 (ii) could reasonably be expected to incite racial, ethnic, 
20 or religious hatred that is detrimental to the security, good order, or 
21 discipline of the institution or violence; 
22 (iii) could reasonably be expected to aid in an escape or 
23 in the theft or destruction of property; 
24 (iv) describes procedures for brewing alcoholic 
25 beverages or for manufacturing controlled substances, weapons, or 
26 explosives; or 
27 (v) could reasonably be expected to facilitate criminal 
28 activity or a violation of institution rules; 
29 (D) receive instruction in person, or by broadcast medium, or 
30 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 
31 that, in the commissioner's discretion, would facilitate violent behavior;

01 (E) possess or have access to equipment for use in the activities 
02 listed in (D) of this paragraph; 
03 (F) possess or have access to free weights; 
04 (G) possess in the prisoner's cell a coffee pot, hot plate, 
05 appliance or heating element for food preparation, or more than three electrical 
06 appliances of any kind; 
07 (H) possess or appear in a state of dress, hygiene, grooming, or 
08 appearance other than as permitted as uniform or standard in the correctional 
09 facility; 
10 (I) use a computer or electronic tablet other than those 
11 approved by the correctional facility; the use of a computer or electronic 
12 tablet under this subparagraph may be approved to facilitate the prisoner's 
13 compliance with a reentry plan or case plan developed under AS 33.30.011 
14 or [ONLY] as part of the prisoner's rehabilitation, employment, education, 
15 [OR] vocational training, access to legal reference materials, visitation, or 
16 health care, or for another purpose identified by the commissioner in 
17 regulation, and may not be used for any other purpose; 
18 (J) smoke or use tobacco products of any kind; 
19 (4) allow a state correctional facility operated by the state to 
20 charge a fee for electronic mail or electronic visitation services. 
21 * Sec. 2. AS 33.30.015 is amended by adding new subsections to read: 
22 (f) The commissioner may not replace in-person visitation with the use of a 
23 computer or electronic tablet. To the extent practicable, the commissioner may not 
24 replace an existing program or service provided to a prisoner for the purpose of 
25 rehabilitation with the use of a computer or electronic tablet authorized under (a)(3)(I) 
26 of this section. A computer or electronic tablet may be used to supplement an existing 
27 program or service. 
28 (g) The commissioner may use computers or electronic tablets to provide a 
29 new program or service to a prisoner for a use authorized under (a)(3)(I) of this 
30 section. 
31 * Sec. 3. AS 33.30.105(a) is amended to read:

01(a) The department shall issue an identification card that is substantially 
02 similar [IDENTICAL] to the motor vehicle operator's license provided for in 
03 AS 28.15.111, except that the card may [MUST] be a different color and shall state in 
04 bold type letters on its face that it is for identification purposes only. The department 
05 may only issue an identification card to a prisoner before the prisoner's release. The 
06 identification card must display 
07 (1) a distinguishing number assigned to the identification card; 
08 (2) the prisoner's full name, date of birth, brief physical description, 
09 and photograph; 
10 (3) either a facsimile of the signature of the prisoner or a space on 
11 which the prisoner shall write the prisoner's usual signature with pen and ink; 
12 (4) physical security features designed to prevent tampering, 
13 counterfeiting, or duplication of the document for fraudulent purposes; 
14 (5) for a qualified prisoner who is under 21 years of age, the words 
15 "UNDER 21"; and 
16 (6) a statement that the identification card is not a valid identification 
17 card for the purpose of purchasing alcoholic beverages. 
18 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 
19 read: 
20 APPLICABILITY. AS 33.30.015(a)(4), enacted by sec. 1 of this Act, and 
21 AS 33.30.015(f) and (g), enacted by sec. 2 of this Act, apply to services used by a prisoner on 
22 or after the effective date of this Act.