Section 33.30.011. Duties of commissioner.

   (a) 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; and
             (C) assessment or screening of the risks and needs of offenders who may be vulnerable to harm, exploitation, or recidivism as a result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based disorder;
        (5) establish minimum standards for sex offender treatment programs offered to persons who are committed to the custody of the commissioner;
        (6) [See delayed amendment note]. =ro provide for fingerprinting in correctional facilities in accordance with AS 12.80.060;
        (7) [See delayed amendment note]. =ro establish a program to conduct assessments of the risks and needs of offenders sentenced to serve a term of incarceration of 30 days or more and provide to the legislature, by electronic means, by January 15, 2017, and thereafter by January 15, preceding the first regular session of each legislature, a report summarizing the findings and results of the program; the program must include a requirement for an assessment before a prisoner's release on parole, furlough, or electronic monitoring from a correctional facility;
        (8) [Effective January 1, 2017]. =ro establish a procedure that provides for each prisoner required to serve an active term of imprisonment of 30 days or more a written case plan that
             (A) is provided to the prisoner within 90 days after sentencing;
             (B) is based on the results of the assessment of the prisoner's risks and needs under (7) of this subsection;
             (C) includes a requirement to follow the rules of the institution;
             (D) is modified when necessary for changes in classification, housing status, medical or mental health, and resource availability;
             (E) includes participation in programming that addresses the needs identified in the assessment;
        (9) [Effective January 1, 2017]. =ro establish a program to begin reentry planning with each prisoner serving an active term of imprisonment of 90 days or more; reentry planning must begin at least 90 days before release on furlough or probation or parole; the reentry program must include
             (A) a written reentry plan for each prisoner completed upon release on furlough or probation or parole that includes information on the prisoner's proposed
                  (i) residence;
                  (ii) employment or alternative means of support;
                  (iii) treatment options;
                  (iv) counseling services;
                  (v) education or job training services;
             (B) any other requirements for successful transition back to the community, including electronic monitoring or furlough for the period between a scheduled parole hearing and parole eligibility;
             (C) coordination with the Department of Labor and Workforce Development to provide access, after release, to job training and employment assistance;
        (10) [Effective January 1, 2017]. =ro for offenders under electronic monitoring, establish
             (A) minimum standards for electronic monitoring, which may include the requirement of active, real-time monitoring using global positioning systems; and
             (B) procedures for oversight and approving electronic monitoring programs and systems provided by private contractors; and
        (11) [Effective January 1, 2017]. =ro assist a prisoner in obtaining a valid state identification card if the prisoner does not have a valid state identification card before the prisoner's release; the department shall pay the application fee for the identification card.
   (b) In this section, "held under authority of state law" includes the confinement of persons under AS 26.05.

Authorities

11.61.127;33.16.089;33.16.100;33.16.110;33.16.150;33.16.180;33.30.015;33.30.065;33.30.071;33.30.091;33.30.095

Notes

Recent Bills that will modify this

HB 121 CODE OF MILITARY JUSTICE; APPEALS
HB 126 CODE OF MILITARY JUSTICE; APPEALS
HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
SB 59 CODE OF MILITARY JUSTICE; APPEALS
SB 110 CODE OF MILITARY JUSTICE; APPEALS

Implemented As

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References

AS 11.61.127 Possession of child pornography.
AS 33.16.089 Eligibility for administrative parole [Effective January 1, 2017]..
AS 33.16.100 Granting of discretionary parole.
AS 33.16.110 Preparole reports.
AS 33.16.150 Conditions of parole.
AS 33.16.180 Duties of the commissioner [See delayed amendment note]..
AS 33.30.015 Living conditions for prisoners.
AS 33.30.065 Service of sentence by electronic monitoring.
AS 33.30.071 Responsibility for prisoners pending commitment.
AS 33.30.091 Designation of programs.
AS 33.30.095 Duties of commissioner before release of prisoner [Effective January 1, 2017]..

History

(Sec. 6 ch 88 SLA 1986; am Sec. 11 ch 188 SLA 1990; am Sec. 2 ch 54 SLA 1994; am Sec. 12 ch 70 SLA 1995; am Sec. 4 ch 49 SLA 1997; am Sec. 31 ch 83 SLA 2014; am Sec. 155 ch 36 SLA 2016; am Sec. 5 ch 55 SLA 2016)