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SENATE BILL NO. 209
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY SENATOR KIEHL
Introduced: 2/21/20
Referred: State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to state identifications and driver's licenses for persons in the custody
2 of the Department of Corrections; relating to the duties of the commissioner of
3 corrections; and providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 18.65.310 is amended by adding a new subsection to read:
6 (s) Upon request, the department shall mail a card issued under (a) of this
7 section to a Department of Corrections address provided by an applicant who is
8 serving an active term of imprisonment exceeding 120 days.
9 * Sec. 2. AS 28.15.101 is amended by adding a new subsection to read:
10 (e) Upon request, the department shall mail a driver's license renewed under
11 (c) of this section to a Department of Corrections address provided by a licensee who
12 is serving an active term of imprisonment exceeding 120 days.
13 * Sec. 3. AS 33.30.011(a) is amended to read:
14 (a) The commissioner shall
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1 (1) establish, maintain, operate, and control correctional facilities
2 suitable for the custody, care, and discipline of persons charged or convicted of
3 offenses against the state or held under authority of state law; each correctional facility
4 operated by the state shall be established, maintained, operated, and controlled in a
5 manner that is consistent with AS 33.30.015;
6 (2) classify prisoners;
7 (3) for persons committed to the custody of the commissioner,
8 establish programs, including furlough programs that are reasonably calculated to
9 (A) protect the public and the victims of crimes committed by
10 prisoners;
11 (B) maintain health;
12 (C) create or improve occupational skills;
13 (D) enhance educational qualifications;
14 (E) support court-ordered restitution; and
15 (F) otherwise provide for the rehabilitation and reformation of
16 prisoners, facilitating their reintegration into society;
17 (4) provide necessary
18 (A) medical services for prisoners in correctional facilities or
19 who are committed by a court to the custody of the commissioner, including
20 examinations for communicable and infectious diseases;
21 (B) psychological or psychiatric treatment if a physician or
22 other health care provider, exercising ordinary skill and care at the time of
23 observation, concludes that
24 (i) a prisoner exhibits symptoms of a serious disease or
25 injury that is curable or may be substantially alleviated; and
26 (ii) the potential for harm to the prisoner by reason of
27 delay or denial of care is substantial; and
28 (C) assessment or screening of the risks and needs of offenders
29 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal
30 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based
31 disorder;
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1 (5) establish minimum standards for sex offender treatment programs
2 offered to persons who are committed to the custody of the commissioner;
3 (6) provide for fingerprinting in correctional facilities in accordance
4 with AS 12.80.060;
5 (7) establish a program to conduct assessments of the risks and needs
6 of offenders sentenced to serve a term of incarceration of 90 days or more; the
7 program must include a requirement for an assessment before a prisoner's release on
8 parole, furlough, or electronic monitoring from a correctional facility;
9 (8) establish a procedure that provides for each prisoner required to
10 serve an active term of imprisonment of 90 days or more a written case plan that
11 (A) takes effect and is provided to the prisoner within 90 days
12 after sentencing;
13 (B) is based on the results of the assessment of the prisoner's
14 risks and needs under (7) of this subsection;
15 (C) includes a requirement to follow the rules of the institution;
16 (D) is modified when necessary for changes in classification,
17 housing status, medical or mental health, and resource availability;
18 (E) includes participation in programming that addresses the
19 needs identified in the assessment;
20 (9) establish a program to begin reentry planning with each prisoner
21 serving an active term of imprisonment of 90 days or more; reentry planning must
22 begin at least 90 days before release on furlough or probation or parole; the reentry
23 program must include
24 (A) a written reentry plan for each prisoner completed upon
25 release on furlough or probation or parole that includes information on the
26 prisoner's proposed
27 (i) residence;
28 (ii) employment or alternative means of support;
29 (iii) treatment options;
30 (iv) counseling services;
31 (v) education or job training services;
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1 (B) any other requirements for successful transition back to the
2 community, including electronic monitoring or furlough for the period between
3 a scheduled parole hearing and parole eligibility;
4 (C) coordination with the Department of Labor and Workforce
5 Development to provide access, after release, to job training and employment
6 assistance; and
7 (D) coordination with community reentry coalitions or other
8 providers of reentry services if available;
9 (10) for offenders under electronic monitoring, establish
10 (A) minimum standards for electronic monitoring, which may
11 include the requirement of active, real-time monitoring using global
12 positioning systems; and
13 (B) procedures for oversight and approving electronic
14 monitoring programs and systems provided by private contractors;
15 (11) assist a prisoner in obtaining a valid state identification card if the
16 prisoner does not have a valid state identification card before the prisoner's release; if
17 a prisoner is serving an active term of imprisonment exceeding 120 days, the
18 commissioner shall make a good faith effort, in consultation with the
19 commissioner of administration, to ensure the prisoner has a state identification
20 card upon the prisoner's release; the department shall pay the application fee for the
21 identification card; and
22 (12) provide to the legislature, by electronic means, by January 10
23 preceding the first regular session of each legislature, a report summarizing the
24 findings and results of the program established under (7) of this subsection; the report
25 must include
26 (A) the number of prisoners who were provided with written
27 case plans under (8) of this subsection;
28 (B) the number of written case plans under (8) of this
29 subsection initiated within the preceding year; and
30 (C) the number of written case plans under (8) of this
31 subsection that were updated in the preceding year.
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1 * Sec. 4. AS 33.30.095(b) is amended to read:
2 (b) The program established under (a) of this section must include
3 (1) instruction on
4 [(A) OBTAINING STATE IDENTIFICATION;
5 (B)] community resources available for housing, employment,
6 and treatment;
7 (2) an individualized reentry plan under AS 33.30.011(a)(9) for the
8 prisoner;
9 (3) probation and parole orientation, if appropriate; and
10 (4) a partnership with one or more nonprofit organizations to allow
11 access to a prisoner before the prisoner's discharge, release, or furlough to assist the
12 prisoner with the prisoner's application for Medicaid, social security benefits, public
13 assistance under AS 47.25, and a state identification card or driver's license and
14 provide other programs to assist the prisoner's transition into the community, promote
15 rehabilitation, and reduce recidivism.
16 * Sec. 5. This Act takes effect January 1, 2021.
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Statutes affected: SB0209A, AM SB 209, introduced 02/21/2020: 18.65.310, 28.15.101, 33.30.011, 33.30.015, 12.80.060, 33.30.095