House committee adopts substitute for HB 35 to broaden allowable tablet uses for people in custody

The House Community and Regional Affairs Committee on Feb. 25 adopted a committee substitute for House Bill 35, which revises statutory language about the use and possession of electronic devices by people in state custody. The substitute was adopted 4 yeas to 2 nays after committee debate and public testimony.

The substitute clarifies and broadens allowable uses for computers and electronic tablets in custody, explicitly listing access for rehabilitation and compliance with reentry or case plans alongside access to legal reference materials, telehealth and limited visitation. "The use of electronic devices is not restricted for access relating to rehabilitation or compliance with reentry and case plans," staff chair Ella Lubin told the committee while explaining changes to the committee substitute.

The bill matters because it moves authority over allowable tablet uses from a narrow statutory list toward a model that relies in part on Department of Corrections regulations. "We have reviewed it, and it does allow us through regulations, to implement the efficiencies and the efforts that the department is trying to get to with the tablets," Deputy Commissioner April Wilkerson said in response to questions about the department's ability to implement the CS.

Committee debate focused on how broadly devices could be used if the statute omits a restrictive phrase. Representative Refridge questioned whether removing limiting language would give the commissioner "carte blanche" to permit entertainment uses in cells. Wilkerson and the sponsor, Co-chair Rebecca Himshoo, said the department currently limits tablet functions in the pilot and that further uses would require a regulatory process with public notice. "We do not have music, games, movies, or any of that type of thing on the tablets at this time," Wilkerson said, describing the Highland Mountain Correctional Facility pilot.

Wilkerson described current pilot uses as limited to attorney–client visitation, a digital law library, department policies and inmate handbooks, platform access for the courts (not yet used), superintendent messages, and online grievance and request-for-information processes. She also said statute currently prohibits video visitation, so video family visits are not part of the pilot.

Two public witnesses spoke in favor of HB 35. Barbara Mongar, coordinator for the Mat-Su Reentry Coalition, told the committee the devices can expand access to vocational training, telehealth, education and case-management contacts before release and that early access to services can increase successful reintegration. Bobby Norton, a consultant with Healing Homes and formerly justice-involved, gave personal testimony arguing that in-custody access to education and vocational training could reduce recidivism.

Procedural and next-step items: Co-chair Meares moved adoption of the committee substitute (work order 34-LS0355-L) as the working document. After Representative Prox registered an objection for purposes of discussion, the committee later removed that objection and approved the CS on a roll call (4 yeas, 2 nays). The committee extended the amendment deadline for HB 35 to Monday, March 3, at 3 p.m.

The transcript shows committee members sought and received assurances that any expansion of tablet use beyond the pilot would be governed through the department's formal regulatory process, which includes public notice and legislative review when applicable. The CS sponsor said the goal is to give the commissioner flexibility to make the tablet program "the best possible investment we can make" while preserving targeted allowable uses such as reentry, education and telehealth.

What the bill does not do today: the committee did not adopt statutory language that explicitly allows entertainment uses or in-cell possession without regulatory limits; members repeatedly noted that final scope of use would depend on regulations and any statutory limits the Legislature chooses to keep.

The committee adjourned after setting the new amendment deadline and scheduling further Department of Corrections presentations and hearings later in the week.