Alaska Statutes
Alaska Stat. § 33.30.231 (2026)
Telephone access and monitoring inside correctional institutions
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 33.30.231. Telephone access and monitoring inside correctional institutions.
(a) A prisoner shall have reasonable access to a telephone except when access is suspended as punishment for conviction of a rule infraction or pending a hearing for a rule infraction involving telephone abuse. A suspension under this subsection must be reasonable in length and may not prohibit telephone communication between the prisoner and an attorney or between the prisoner and the office of the ombudsman.
(b) [Repealed, § 3 ch 56 SLA 1990.]
(c) Notwithstanding AS 42.20.300 and 42.20.310, in order to preserve the security and orderly administration of the correctional facility and to protect the public, the commissioner shall monitor or record the telephone conversations of prisoners. The commissioner shall post a warning by each telephone informing prisoners that calls may be monitored or recorded. The monitoring or recording may be conducted on all calls or selectively or in some other limited manner as determined by the commissioner to be appropriate. A recording of a telephone call made under this subsection shall be kept confidential, and access to the recording and its contents is limited to persons who are acting within the scope of their official duties and whose access to specific recordings has been authorized by the facility superintendent. A telephone call between an attorney and a prisoner or between the office of the ombudsman and a prisoner may not be monitored or recorded except when authorized by a court.
(d) Notwithstanding (a) of this section, the department may contract under AS 36.30 for telephone services for use by a prisoner.
(a) A prisoner shall have reasonable access to a telephone except when access is suspended as punishment for conviction of a rule infraction or pending a hearing for a rule infraction involving telephone abuse. A suspension under this subsection must be reasonable in length and may not prohibit telephone communication between the prisoner and an attorney or between the prisoner and the office of the ombudsman.
(b) [Repealed, § 3 ch 56 SLA 1990.]
(c) Notwithstanding AS 42.20.300 and 42.20.310, in order to preserve the security and orderly administration of the correctional facility and to protect the public, the commissioner shall monitor or record the telephone conversations of prisoners. The commissioner shall post a warning by each telephone informing prisoners that calls may be monitored or recorded. The monitoring or recording may be conducted on all calls or selectively or in some other limited manner as determined by the commissioner to be appropriate. A recording of a telephone call made under this subsection shall be kept confidential, and access to the recording and its contents is limited to persons who are acting within the scope of their official duties and whose access to specific recordings has been authorized by the facility superintendent. A telephone call between an attorney and a prisoner or between the office of the ombudsman and a prisoner may not be monitored or recorded except when authorized by a court.
(d) Notwithstanding (a) of this section, the department may contract under AS 36.30 for telephone services for use by a prisoner.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1992–2024 · leading case: Junior Antenor v. State of Alaska, 462 P.3d 1 (Alaska 2020).
Junior Antenor v. State of Alaska, 462 P.3d 1 (Alaska 2020). “DOC argued the inmates had not alleged violation of a state or federal right as required by the ALPRA, because AS 33.30.231 required only “access to the telephone” and said nothing about cost.”
Juan Valdez v. Mark A. Rosenbaum Al Terrault Julie Latuska Bill Parker George Gore Debbie Miller Allen Cooper, 302 F.3d 1039 (9th Cir. 2002). “Alaska Stat. § 33.30.231 (a) (2000). This statute does not mandate a particular' outcome.”
United States v. Cheely, 814 F. Supp. 1430 (D. Alaska 1992). “In performing his functions, it would therefore appear that the Commissioner would necessarily have the implicit power to investigate felonies incurring within the prison in order to carry out his statutory duties and could delegate that authority to correctional officials; i.”
State v. Avery, 211 P.3d 1154 (Alaska Ct. App. 2009). “AS 33.30.231(c) ("A recording of a telephone call made under this subsection shall be kept confidential, and access to the- recording and its contents is limited to persons who are acting within the scope of their official duties and whose access to specific recordings has been…”
Michael L. McLaughlin v. State of Alaska, No. S17917 (Alaska June 19, 2024). “AS 33.30.231(a). 5 DOC POLICY 810.01.VII.”
Alaska Stat. § 33.30.231(a): 2 cases
Junior Antenor v. State of Alaska, 462 P.3d 1 (Alaska 2020). “DOC argued the inmates had not alleged violation of a state or federal right as required by the ALPRA, because AS 33.30.231 required only “access to the telephone” and said nothing about cost.”
Michael L. McLaughlin v. State of Alaska, No. S17917 (Alaska June 19, 2024). “AS 33.30.231(a). 5 DOC POLICY 810.01.VII.”
Alaska Stat. § 33.30.231(c): 1 case
State v. Avery, 211 P.3d 1154 (Alaska Ct. App. 2009). “AS 33.30.231(c) ("A recording of a telephone call made under this subsection shall be kept confidential, and access to the- recording and its contents is limited to persons who are acting within the scope of their official duties and whose access to specific recordings has been…”
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