Alaska § 33.30.015 - Living conditions for prisoners.

§ 33.30.015. Living conditions for prisoners.

 (a) 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 is not required to renovate a facility to comply with this subparagraph if the facility is being used as a correctional facility on August 27, 1997, or if the facility was already built before being acquired by the department;

 (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                  (i) cassette tape player or recorder, video cassette recorder (VCR), or telephone;

 (ii) computer or electronic tablet unless used for a purpose approved under (I) of this paragraph;

 (B) view movies rated “R,” “X,” or “NC-17”;

 (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 equipment for use in the activities listed in (D) of this paragraph;

 (F) possess or have access to free weights;

 (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 or electronic tablet other than those approved by the correctional facility; the use of a computer or electronic tablet under this subparagraph may be approved to facilitate the prisoner's compliance with a reentry plan or case plan developed under AS 33.30.011 or as part of the prisoner's rehabilitation, employment, education, vocational training, access to legal reference materials, visitation, or health care, or for another purpose identified by the commissioner in regulation, and may not be used for any other purpose;

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

 (4) allow a state correctional facility operated by the state to charge a fee for electronic mail or electronic visitation services.

 (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 (a)(2).

 (d) The commissioner may allow a prisoner who, under AS 33.30.011 (a)(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        (1) appropriate technology to screen programs received by prisoners under (d) of this section;

 (2) Alaska farm products and salmon to the greatest extent practicable for food for prisoners in a state correctional facility operated by the state.

 (f) The commissioner may not replace in-person visitation with the use of a computer or electronic tablet. To the extent practicable, the commissioner may not replace an existing program or service provided to a prisoner for the purpose of rehabilitation with the use of a computer or electronic tablet authorized under (a)(3)(I) of this section. A computer or electronic tablet may be used to supplement an existing program or service.

 (g) The commissioner may use computers or electronic tablets to provide a new program or service to a prisoner for a use authorized under (a)(3)(I) of this section.