CSHB 114(HES): "An Act relating to abuse of inhalants; and relating to minors under the influence of alcohol, inhalants, or drugs."
00 CS FOR HOUSE BILL NO. 114(HES) 01 "An Act relating to abuse of inhalants; and relating to minors under the influence of 02 alcohol, inhalants, or drugs." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76 is amended by adding a new section to read: 05 Sec. 11.76.200. Abuse of inhalants. (a) Under circumstances not otherwise 06 proscribed under AS 11.71, a person commits the offense of abuse of inhalants if the 07 person smells or inhales any inhalant, other than an alcoholic beverage, with the intent 08 of causing intoxication, inebriation, excitement, stupefaction, or dulling of the brain or 09 nervous system. 10 (b) This section does not apply to the administration of a controlled substance, 11 drug, or other substance by a practitioner or otherwise in a medical context. In this 12 subsection, "administer," "drug," and "practitioner" have the meanings given in 13 AS 11.71.900. 14 (c) In this section,
01 (1) "alcoholic beverage" has the meaning given in AS 04.21.080; 02 (2) "inhalant" has the meaning given in AS 47.37.270(10). 03 (d) Abuse of inhalants is a violation. A court shall suspend the imposition of 04 sentence, place the defendant on probation under AS 12.55.085, and require the 05 defendant to successfully complete an inhalant abuse treatment program. 06 * Sec. 2. AS 47.10 is amended by adding a new section to read: 07 Sec. 47.10.137. Intoxicated minors. (a) A peace officer shall take into 08 protective custody a minor who the peace officer has reasonable cause to believe is 09 under the influence of alcohol, inhalants, or drugs if the minor is not otherwise subject 10 to arrest or detention. 11 (b) A peace officer taking into protective custody a minor under (a) of this 12 section shall 13 (1) return the minor to the minor's parent or guardian or, if the minor's 14 parent or guardian is unknown or unavailable, take the child to a relative or to a 15 shelter, program, or facility suitable for the minor; 16 (2) use the procedures provided in AS 47.37.170 for a person 17 incapacitated by alcohol, inhalants, or drugs if the minor appears to be incapacitated, 18 and the peace officer may use the procedures provided in AS 47.37.170 for an 19 intoxicated person if the minor appears to be intoxicated; in this paragraph, 20 "incapacitated by alcohol, inhalants, or drugs" and "intoxicated person" have the 21 meanings given in AS 47.37.270; 22 (3) deliver the minor to another suitable location and promptly notify 23 the Department of Health and Social Services of the placement. 24 * Sec. 3. AS 47.12.030(b) is amended to read: 25 (b) When a minor is accused of violating a statute specified in this subsection, 26 other than a statute the violation of which is a felony, this chapter and the Alaska 27 Delinquency Rules do not apply and the minor accused of the offense shall be 28 charged, prosecuted, and sentenced in the district court in the same manner as an 29 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 30 subsection, the minor's parent, guardian, or legal custodian shall be present at all 31 proceedings; the provisions of this subsection apply when a minor is accused of
01 violating 02 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 03 a municipality; 04 (2) AS 11.76.105, relating to the possession of tobacco by a person 05 under 19 years of age; 06 (3) a fish and game statute or regulation under AS 16; 07 (4) a parks and recreational facilities statute or regulation under 08 AS 41.21; 09 (5) AS 04.16.050, relating to possession, control, or consumption of 10 alcohol; [AND] 11 (6) a municipal curfew ordinance, whether adopted under 12 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 13 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 14 the violation of a municipal curfew ordinance, the court shall allow a defendant the 15 option of performing community work; the value of the community work, which may 16 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 17 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 18 or work that, on the recommendation of the municipal or borough assembly, city 19 council, or traditional village council of the defendant's place of residence, would 20 benefit persons within the municipality or village who are elderly or disabled; and 21 (7) AS 11.76.200, relating to abuse of inhalants. 22 * Sec. 4. AS 47.37.170(b) is amended to read: 23 (b) A person who appears to be incapacitated by alcohol, inhalants, or drugs 24 in a public place shall be taken into protective custody by a peace officer or a member 25 of the emergency service patrol and immediately brought to an approved public 26 treatment facility, an approved private treatment facility, or another appropriate health 27 facility or service for emergency medical treatment. If a [NO] treatment facility or 28 emergency medical service is not available, a person who appears to be incapacitated 29 by alcohol, inhalants, or drugs in a public place shall be taken to a state or municipal 30 detention facility in the area if that appears necessary for the protection of the person's 31 health or safety.
01 * Sec. 5. AS 47.37.170(d) is amended to read: 02 (d) A person who, after medical examination at an approved private treatment 03 facility, or another appropriate health facility or service for emergency medical 04 treatment, is found to be incapacitated by alcohol, inhalants, or drugs at the time of 05 admission or to have become incapacitated by alcohol, inhalants, or drugs at any time 06 after admission, may not be detained at a facility after the person is no longer 07 incapacitated by alcohol, inhalants, or drugs. A person may not be detained at a 08 facility if the person remains incapacitated by alcohol for more than 48 hours after 09 admission as a patient. A person may consent to remain in the facility as long as the 10 physician in charge considers it appropriate. 11 * Sec. 6. AS 47.37.170(f) is amended to read: 12 (f) If a patient is admitted to an approved public treatment facility, family or 13 next of kin shall be promptly notified. If an adult patient who is not incapacitated by 14 alcohol, inhalants, or drugs requests that there be no notification of next of kin, the 15 request shall be granted. 16 * Sec. 7. AS 47.37.170(g) is amended to read: 17 (g) A person may not bring an action for damages based on the decision under 18 this section to take or not to take an intoxicated person or a person incapacitated by 19 alcohol, inhalants, or drugs into protective custody, unless the action is for damages 20 caused by gross negligence or intentional misconduct. 21 * Sec. 8. AS 47.37.170(i) is amended to read: 22 (i) A person taken to a detention facility under (a) or (b) of this section may be 23 detained only (1) until a treatment facility or emergency medical service is made 24 available, (2) until the person is no longer intoxicated or incapacitated by alcohol, 25 inhalants, or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. 26 A detaining officer or a detention facility official may release a person who is detained 27 under (a) or (b) of this section at any time to the custody of a responsible adult. A 28 peace officer or a member of the emergency service patrol, in detaining a person under 29 (a) or (b) of this section and in taking the person to a treatment facility, an emergency 30 medical service, or a detention facility, is taking the person into protective custody, 31 and the officer or patrol member shall make reasonable efforts to provide for and
01 protect the health and safety of the detainee. In taking a person into protective custody 02 under (a) and (b) of this section, a detaining officer, a member of the emergency 03 service patrol, or a detention facility official may take reasonable steps for self- 04 protection, including a full protective search of the person of a detainee. Protective 05 custody under (a) and (b) of this section does not constitute an arrest and an [NO] 06 entry or other record may not be made to indicate that the person detained has been 07 arrested or charged with a crime, except that a confidential record may be made that is 08 necessary for the administrative purposes of the facility to which the person has been 09 taken or that is necessary for statistical purposes where the person's name may not be 10 disclosed. 11 * Sec. 9. AS 47.37.180(a) is amended to read: 12 (a) An intoxicated person who (1) has threatened, attempted to inflict, or 13 inflicted physical harm on another or is likely to inflict physical harm on another 14 unless committed, or (2) is incapacitated by alcohol, inhalants, or drugs, may be 15 committed to an approved public treatment facility for emergency treatment. A 16 refusal to undergo treatment does not constitute evidence of lack of judgment as to the 17 need for treatment. 18 * Sec. 10. AS 47.37.190(a) is amended to read: 19 (a) A spouse or guardian, a relative, the certifying physician, or the 20 administrator in charge of an approved public treatment facility may petition the court 21 for a 30-day involuntary commitment order. The petition must allege that the person 22 is an alcoholic or inhalant or drug abuser who (1) has threatened, attempted to inflict, 23 or inflicted physical harm on another and that, unless committed, is likely to inflict 24 physical harm on another; or (2) is incapacitated by alcohol, inhalants, or drugs. A 25 refusal to undergo treatment does not constitute evidence of lack of judgment as to the 26 need for treatment. The petition must be accompanied by a certificate of a licensed 27 physician who has examined the person within two days before submission of the 28 petition, unless the person whose commitment is sought has refused to submit to a 29 medical examination, in which case the fact of refusal must be alleged in the petition. 30 The certificate must set out the physician's findings in support of the allegations of the 31 petition.
01 * Sec. 11. AS 47.37.205(a) is amended to read: 02 (a) At any time during a person's 30-day commitment, the director of an 03 approved public facility or approved private facility may file with the court a petition 04 for a 180-day commitment of that person. The petition must include all material 05 required under AS 47.37.190(a) except that references to "30 days" shall be read as 06 "180 days" and must allege that the person continues to be an alcoholic or inhalant or 07 drug abuser who is incapacitated by alcohol, inhalants, or drugs, or who continues to 08 be at risk of serious physical harm or illness. 09 * Sec. 12. AS 47.37.235(c) is amended to read: 10 (c) A person who knowingly initiates an involuntary commitment petition 11 under AS 47.37.180 - 47.37.205 without having good cause to believe that the other 12 person is an alcoholic or inhalant or drug abuser and is incapacitated or at risk of 13 serious physical harm or illness if not treated is guilty of a class C felony. 14 * Sec. 13. AS 47.37.270(1) is amended to read: 15 (1) "alcoholic or inhalant or drug abuser" means a person who 16 (A) demonstrates increased tolerance to alcohol, inhalants, or 17 drugs, who suffers from withdrawal when alcohol, inhalants, or drugs are not 18 available, whose habitual lack of self-control concerning the use of alcohol, 19 inhalants, or drugs causes significant hazard to the person's health, and who 20 continues to use alcohol, inhalants, or drugs despite the adverse consequences; 21 or 22 (B) uses inhalants on a more than occasional basis, whose 23 use of inhalants has caused significant adverse consequences to the 24 person's health or whose use of inhalants is likely to cause a significant 25 hazard to the person's life or health, and whose use of inhalants impairs 26 the person's judgment to such a degree that the person continues to use 27 inhalants despite the adverse consequences or hazards; 28 * Sec. 14. AS 47.37.270(10) is amended to read: 29 (10) "hazardous volatile material or substance" or "inhalant" 30 (A) means a material or substance that is readily vaporizable at 31 room temperature and whose vapors or gases, when inhaled,
01 (i) pose an immediate threat to the life or health of the 02 person; or 03 (ii) are likely to have adverse delayed effects on the 04 health of the person; 05 (B) includes, but is not limited to, 06 (i) gasoline; 07 (ii) materials and substances containing petroleum 08 distillates; and 09 (iii) common household materials and substances 10 whose containers bear a notice warning that inhalation of vapors or 11 gases may cause physical harm; 12 * Sec. 15. AS 47.37.270(11) is amended to read: 13 (11) "incapacitated by alcohol, inhalants, or drugs" means a person 14 who, as a result of alcohol, inhalants, or drugs, is unconscious or whose judgment is 15 otherwise so impaired that the person (A) is incapable of realizing and making rational 16 decisions with respect to the need for treatment, and (B) is unable to take care of the 17 person's basic safety or personal needs, including food, clothing, shelter, or medical 18 care; 19 * Sec. 16. AS 47.37.270(14) is amended to read: 20 (14) "intoxicated person" means a person whose mental or physical 21 functioning is substantially impaired as a result of the use of alcohol, inhalants, or 22 drugs;