CSHB 219(JUD): "An Act relating to medical care for prisoners; relating to payment for drug testing for persons in prison, on probation, or on parole; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners."
00CS FOR HOUSE BILL NO. 219(JUD) 01 "An Act relating to medical care for prisoners; relating to payment for drug 02 testing for persons in prison, on probation, or on parole; and authorizing special 03 medical parole for severely medically disabled or quadriplegic prisoners." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.61.127(b) is amended to read: 06 (b) This section does not apply to persons providing plethysmograph 07 assessments in the course of a sex offender treatment program that meets the minimum 08 standards under AS 33.30.011(a)(5) [AS 33.30.011(6)]. 09 * Sec. 2. AS 12.55.100 is amended by adding a new subsection to read: 10 (d) As a condition of probation, the court shall order the defendant, to the 11 extent the defendant has the ability to pay, to reimburse the Department of Corrections 12 for all the costs of drug testing during the period of probation. 13 * Sec. 3. AS 33.16.010(d) is amended to read: 14 (d) A prisoner released on special medical, discretionary, or mandatory parole
01 is subject to the conditions of parole imposed under AS 33.16.150. Parole may be 02 revoked under AS 33.16.220. 03 * Sec. 4. AS 33.16.010 is amended by adding a new subsection to read: 04 (e) A prisoner eligible under AS 33.16.085 may be released on special medical 05 parole by the Parole Board. 06 * Sec. 5. AS 33.16.060 is amended to read: 07 Sec. 33.16.060. DUTIES OF THE BOARD. (a) The board shall 08 (1) serve as the parole authority for the state; 09 (2) upon receipt of an application, consider the suitability for parole of 10 a prisoner who is eligible for special medical or discretionary parole; 11 (3) impose parole conditions on all prisoners released under 12 discretionary or mandatory parole; 13 (4) under AS 33.16.210, discharge a person from parole when custody 14 is no longer required; 15 (5) maintain records of the meetings and proceedings of the board; 16 (6) recommend to the governor and the legislature changes in the law 17 administered by the board; 18 (7) recommend to the governor or the commissioner changes in the 19 practices of the department and of other departments of the executive branch necessary 20 to facilitate the purposes and practices of parole; 21 (8) upon request of the governor, review and recommend applicants for 22 executive clemency; and 23 (9) execute other responsibilities prescribed by law. 24 (b) The board shall adopt regulations under the Administrative Procedure Act 25 (AS 44.62) 26 (1) establishing standards under which the suitability of a prisoner for 27 special medical or discretionary parole shall be determined; 28 (2) providing for the supervision of parolees and for recommitment of 29 parolees; and 30 (3) governing procedures of the board. 31 * Sec. 6. AS 33.16 is amended by adding new sections to read:
01 Sec. 33.16.085. SPECIAL MEDICAL PAROLE. (a) Notwithstanding a 02 presumptive, mandatory, or mandatory minimum term a prisoner may be serving or 03 any restriction on parole eligibility under AS 12.55, a prisoner who is serving a term 04 of at least 181 days, may, upon application by the prisoner or the commissioner be 05 released by the board on special medical parole if the board determines 06 (1) for a prisoner convicted of 07 (A) an offense other than a violation of AS 11.41.434 -11.41.438, that the prisoner is severely medically disabled 08 or a quadriplegic as 09 certified in writing by a physician licensed under AS 08.64, was not severely 10 medically disabled or a quadriplegic at the time the prisoner committed the 11 offense or parole or probation violation for which the prisoner is presently 12 incarcerated; or 13 (B) a violation of AS 11.41.434 - 11.41.438, that the prisoner 14 is a quadriplegic as certified by a physician licensed under AS 08.64 and was 15 not a quadriplegic at the time the prisoner committed the offense or parole or 16 probation violation for which the prisoner is presently incarcerated; and 17 (2) that a reasonable probability exists that 18 (A) the prisoner will live and remain at liberty without violating 19 any laws or conditions imposed by the board; 20 (B) because of being severely medically disabled or a 21 quadriplegic, the prisoner will not pose a threat of harm to the public if 22 released on parole; and 23 (C) release of the prisoner on parole would not diminish the 24 seriousness of the crime. 25 (b) If the board finds a change in circumstances or discovers new information 26 concerning a prisoner who has been granted a special medical parole release date, the 27 board may rescind or revise the previously granted parole release date. 28 (c) The board shall issue its decision to grant or deny special medical parole, 29 or to rescind or revise the release date of a prisoner granted special medical parole, in 30 writing and provide a basis for the decision. A copy of the decision shall be provided 31 to the prisoner.
01 Sec. 33.16.087. RIGHTS OF CERTAIN VICTIMS IN CONNECTION WITH 02 SPECIAL MEDICAL PAROLE. (a) If the victim of a crime against a person or 03 arson in the first degree requests notice of a scheduled hearing to review or consider 04 special medical parole for a prisoner convicted of that crime, the board shall send 05 notice of the hearing to the victim at least 30 days before the hearing. The notice 06 must be accompanied by a copy of the prisoner's or commissioner's application for 07 parole submitted under AS 33.16.085. However, the copy of the application sent to 08 the victim may not include the prisoner's proposed residence and employment 09 addresses. 10 (b) A victim who requests notice under this section shall maintain a current, 11 valid mailing address on file with the board. The board shall send the notice required 12 by this section to the last known address of the victim. The victim's address may not 13 be disclosed to the prisoner or the prisoner's attorney. 14 (c) The victim has a right to attend meetings of the parole board in which the 15 status of the prisoner convicted of the crime against that victim is officially 16 considered and to comment, in writing or in person, on the proposed action of the 17 board. Copies of any written comments shall be provided to the prisoner and the 18 prisoner's attorney before action by the board. 19 (d) The board shall consider the comments presented under (c) of this section 20 in deciding whether to release the prisoner on special medical parole. 21 (e) If the victim requests, the board shall make every reasonable effort to 22 notify the victim as soon as practicable in writing of its decision to grant or deny 23 special medical parole. The notice under this subsection must include the expected 24 date of the prisoner's release, the geographic area in which the prisoner is required to 25 reside, and other pertinent information concerning the prisoner's conditions of parole 26 that may affect the victim. 27 * Sec. 7. AS 33.16.140 is amended to read: 28 Sec. 33.16.140. ORDER FOR PAROLE. An order for parole issued by the 29 board, setting out the conditions imposed under AS 33.16.150(a) and (b) [,] and the 30 date parole custody ends, shall be furnished to each prisoner released on special 31 medical, discretionary, or mandatory parole.
01 * Sec. 8. AS 33.16.150(a) is amended to read: 02 (a) As a condition of parole, a prisoner released on special medical, 03 discretionary, or mandatory parole 04 (1) shall obey all state, federal, or local laws or ordinances, and any 05 court orders applicable to the parolee; 06 (2) shall make diligent efforts to maintain steady employment or meet 07 family obligations; 08 (3) shall, if involved in education, counseling, training, or treatment, 09 continue in the program unless granted permission from the parole officer assigned to 10 the parolee to discontinue the program; 11 (4) shall report 12 (A) upon release to the parole officer assigned to the parolee; 13 (B) at other times, and in the manner, prescribed by the board 14 or the parole officer assigned to the parolee; 15 (5) shall reside at a stated place and not change that residence without 16 notifying, and receiving permission from, the parole officer assigned to the parolee; 17 (6) shall remain within stated geographic limits unless written 18 permission to depart from the stated limits is granted the parolee; 19 (7) may not use, possess, handle, purchase, give, distribute, or 20 administer a controlled substance as defined in AS 11.71.900 or under federal law or 21 a drug for which a prescription is required under state or federal law without a 22 prescription from a licensed medical professional to the parolee and shall, to the 23 extent the prisoner has the ability to pay, reimburse the department for all costs 24 for drug testing during the period of parole; 25 (8) may not possess or control a firearm; in this paragraph, "firearm" 26 has the meaning given in AS 11.81.900; 27 (9) may not enter into an agreement or other arrangement with a law 28 enforcement agency or officer that will place the parolee in the position of violating 29 a law or parole condition without the prior approval of the board; 30 (10) may not contact or correspond with anyone confined in a 31 correctional facility of any type serving any term of imprisonment or a felon without
01 the permission of the parole officer assigned to a parolee; 02 (11) shall agree to waive extradition from any state or territory of the 03 United States and to not contest efforts to return the parolee to the state. 04 * Sec. 9. AS 33.16.150(b) is amended to read: 05 (b) The board may require as a condition of special medical, discretionary, or 06 mandatory parole, or a member of the board acting for the board under (e) of this 07 section may require as a condition of mandatory parole, that a prisoner released on 08 parole 09 (1) not possess or control a defensive weapon, a deadly weapon other 10 than an ordinary pocket knife with a blade three inches or less in length, or 11 ammunition for a firearm, or reside in a residence where there is a firearm capable of 12 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 13 weapon," "defensive weapon," and "firearm" have the meanings given in 14 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 15 (2) refrain from possessing or consuming alcoholic beverages; 16 (3) submit to reasonable searches and seizures by a parole officer, or 17 a peace officer acting under the direction of a parole officer; 18 (4) submit to appropriate medical, mental health, or controlled 19 substance or alcohol examination, treatment, or counseling; 20 (5) submit to periodic examinations designed to detect the use of 21 alcohol or controlled substances; 22 (6) make restitution ordered by the court according to a schedule 23 established by the board; 24 (7) refrain from opening, maintaining, or using a checking account or 25 charge account; 26 (8) refrain from entering into a contract other than a prenuptial contract 27 or a marriage contract; 28 (9) refrain from operating a motor vehicle; 29 (10) refrain from entering an establishment where alcoholic beverages 30 are served, sold, or otherwise dispensed; 31 (11) refrain from participating in any other activity or conduct
01 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 02 current circumstances, or perceived risk to the community, or from associating with 03 any other person that the board determines is reasonably likely to diminish the 04 rehabilitative goals of parole, or that may endanger the public; in the case of special 05 medical parole, for a prisoner diagnosed with a communicable disease, comply 06 with conditions set by the board designed to prevent the transmission of the 07 disease. 08 * Sec. 10. AS 33.16.200 is amended to read: 09 Sec. 33.16.200. CUSTODY OF PAROLEE. Except as provided in 10 AS 33.16.210, the board retains custody of special medical, discretionary, and 11 mandatory parolees until the expiration of the maximum term or terms of 12 imprisonment to which the parolee is sentenced. 13 * Sec. 11. AS 33.16.900(6) is amended to read: 14 (6) "discretionary parole" means the release of a prisoner by the board 15 before the expiration of a term, subject to conditions imposed by the board and subject 16 to its custody and jurisdiction; "discretionary parole" does not include "special 17 medical parole"; 18 * Sec. 12. AS 33.16.900 is amended by adding new paragraphs to read: 19 (11) "severely medically disabled" means that a person has a medical 20 condition that requires the person suffering from the condition to be confined to bed 21 and the person is likely to 22 (A) be confined to bed throughout the entire period of parole; 23 or 24 (B) to die from the condition; 25 (12) "special medical parole" means the release by the board before the 26 expiration of a term, subject to conditions imposed by the board and subject to its 27 custody and jurisdiction, of a prisoner who is severely medically disabled or a 28 quadriplegic. 29 * Sec. 13. AS 33.30.011 is amended to read: 30 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 31 (1) establish, maintain, operate, and control correctional facilities
01 suitable for the custody, care, and discipline of persons charged or convicted of 02 offenses against the state or held under authority of state law; 03 (2) classify prisoners; 04 (3) for persons committed to the custody of the commissioner, establish 05 programs, including furlough programs that are reasonably calculated to 06 (A) protect the public; 07 (B) maintain health; 08 (C) create or improve occupational skills; 09 (D) enhance educational qualifications; 10 (E) support court-ordered restitution; and 11 (F) otherwise provide for the rehabilitation and reformation of 12 prisoners, facilitating their reintegration into society; 13 (4) provide necessary 14 (A) medical services for prisoners in correctional facilities or 15 who are committed by a court to the custody of the commissioner, including 16 examinations for communicable and infectious diseases; 17 (B) [(5) PROVIDE NECESSARY] psychological or psychiatric 18 treatment if a physician or other health care provider, exercising ordinary skill 19 and care at the time of observation, concludes that 20 (i) [(A)] a prisoner exhibits symptoms of a serious 21 disease or injury that is curable or may be substantially alleviated; and 22 (ii) [(B)] the potential for harm to the prisoner by reason 23 of delay or denial of care is substantial; 24 (5) [(6)] establish minimum standards for sex offender treatment 25 programs offered to persons who are committed to the custody of the commissioner; 26 (6) [AND (7)] provide for fingerprinting in correctional facilities in 27 accordance with AS 12.80.060; and 28 (7) develop a program to require all prisoners, to the extent each 29 prisoner has the ability to pay, to reimburse the department for all costs 30 associated with drug testing. 31 * Sec. 14. AS 33.30 is amended by adding a new section to read:
01 Sec. 33.30.028. RESPONSIBILITY FOR COSTS OF MEDICAL CARE. (a) 02 Notwithstanding any other provision of law, the liability for payment of the costs of 03 medical, psychological, and psychiatric care provided or made available to a prisoner 04 committed to the custody of the commissioner is, subject to (b) of this section, the 05 responsibility of the prisoner and the 06 (1) prisoner's insurer if the prisoner is insured under existing individual 07 health insurance, group health insurance, or any prepaid medical coverage; 08 (2) Department of Health and Social Services if the prisoner is eligible 09 for assistance under AS 47.07 or AS 47.25.120 - 47.25.310; 10 (3) United States Department of Veterans Affairs if the prisoner is 11 eligible for veterans' benefits that entitle the prisoner to reimbursement for the medical 12 care or medical services; 13 (4) United States Public Health Service, the Indian Health Service, or 14 any affiliated group or agency if the prisoner is a Native American and is entitled to 15 medical care from those agencies or groups; and 16 (5) parent or guardian of the prisoner if the prisoner is under the age 17 of 18. 18 (b) The commissioner shall require prisoners who are without resources under 19 (a) of this section to pay the costs of medical, psychological, and psychiatric care 20 provided to them by the department. At a minimum, the prisoner shall be required to 21 pay a portion of the costs based upon the prisoner's ability to pay. 22 * Sec. 15. AS 33.30.071(a) is amended to read: 23 (a) Notwithstanding AS 33.30.011(1), the commissioner of public safety shall 24 provide for the custody, care, and discipline of prisoners pending arraignment, 25 commitment by a court to the custody of the commissioner of corrections, or 26 admission to a state correctional facility. Except as provided in (c) of this section, the 27 responsibility for providing necessary medical services for prisoners remains with the 28 commissioner of corrections under AS 33.30.011(4), subject to the responsibility for 29 payment under AS 33.30.028. The commissioner of corrections and the 30 commissioner of public safety are not responsible for providing custody, care, and 31 discipline for a person detained under AS 47.30.705 or AS 47.37.170 [,] unless the
01 person is admitted into a state correctional facility.