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HOUSE BILL NO. 53
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES GRAY, Mina, Schrage, Mears, Hannan, Armstrong
Introduced: 2/1/23
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) make a good faith effort, in consultation with the
16 commissioner of administration, to ensure [ASSIST] a prisoner has [IN
17 OBTAINING] a valid state identification card upon the prisoner's release; if the
18 prisoner does not have a valid state identification card before the prisoner's release, [;]
19 the department shall pay the application fee for the identification card;
20 (12) provide to the legislature, by electronic means, by January 10
21 preceding the first regular session of each legislature, a report summarizing the
22 findings and results of the program established under (7) of this subsection; the report
23 must include
24 (A) the number of prisoners who were provided with written
25 case plans under (8) of this subsection;
26 (B) the number of written case plans under (8) of this
27 subsection initiated within the preceding year; and
28 (C) the number of written case plans under (8) of this
29 subsection that were updated in the preceding year; and
30 (13) enter into an agreement with the Department of Family and
31 Community Services, consistent with the provisions of AS 47.12.105, for the
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1 detention and care of a minor who is waived into adult court under AS 47.12.030 or
2 47.12.100.
3 * Sec. 4. This Act takes effect January 1, 2024.
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Statutes affected: HB0053A, AM HB 53, introduced 02/01/2023: 18.65.310, 28.15.101, 33.30.011