CSHB 229(STA): "An Act relating to special medical parole and to prisoners who are severely medically or cognitively disabled."
00 CS FOR HOUSE BILL NO. 229(STA) 01 "An Act relating to special medical parole and to prisoners who are severely medically 02 or cognitively disabled." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 33.16.085(a) is amended to read: 05 (a) Notwithstanding a presumptive, mandatory, or mandatory minimum term a 06 prisoner may be serving or any restriction on parole eligibility under AS 12.55, a 07 prisoner who is serving a term of at least 181 days, may, upon application by the 08 prisoner or the commissioner, be released by the board on special medical parole if the 09 board determines that 10 (1) [FOR A PRISONER CONVICTED OF 11 (A) AN OFFENSE OTHER THAN A VIOLATION OF 12 AS 11.41.434 - 11.41.438, THAT] the prisoner is severely medically or 13 cognitively disabled [OR A QUADRIPLEGIC] as certified in writing by a 14 physician licensed under AS 08.64 [, WAS NOT SEVERELY MEDICALLY
01 DISABLED OR A QUADRIPLEGIC AT THE TIME THE PRISONER 02 COMMITTED THE OFFENSE OR PAROLE OR PROBATION 03 VIOLATION FOR WHICH THE PRISONER IS PRESENTLY 04 INCARCERATED; OR 05 (B) A VIOLATION OF AS 11.41.434 - 11.41.438, THAT 06 THE PRISONER IS A QUADRIPLEGIC AS CERTIFIED BY A 07 PHYSICIAN LICENSED UNDER AS 08.64 AND WAS NOT A 08 QUADRIPLEGIC AT THE TIME THE PRISONER COMMITTED THE 09 OFFENSE OR PAROLE OR PROBATION VIOLATION FOR WHICH THE 10 PRISONER IS PRESENTLY INCARCERATED]; [AND] 11 (2) [THAT] a reasonable probability exists that 12 (A) the prisoner will live and remain at liberty without 13 violating any laws or conditions imposed by the board; 14 (B) because of the prisoner's medical or cognitive disability 15 [BEING SEVERELY MEDICALLY DISABLED OR A QUADRIPLEGIC], 16 the prisoner will not pose a threat of harm to the public if released on parole; 17 and 18 (C) release of the prisoner on parole would not diminish the 19 seriousness of the crime; 20 (3) the prisoner 21 (A) was not suffering from the medical or cognitive 22 disability at the time the prisoner committed the offense or parole or 23 probation violation for which the prisoner is presently incarcerated; or 24 (B) was suffering from the medical or cognitive disability at 25 the time the prisoner committed the offense or parole or probation 26 violation for which the prisoner is presently incarcerated and the medical 27 or cognitive disability has progressed so that the likelihood of the 28 prisoner's committing the same or a similar offense is low; 29 (4) the care and supervision that the prisoner requires can be 30 provided in a more medically appropriate or cost-effective manner than by the 31 department;
01 (5) the prisoner is incapacitated to an extent that incarceration 02 does not impose significant additional restrictions on the prisoner; and 03 (6) the prisoner is likely to remain subject to the medical or 04 cognitive disability throughout the entire period of parole or to die and there is 05 no reasonable expectation that the prisoner's medical or cognitive disability will 06 improve noticeably; and 07 (7) an appropriate discharge plan has been formulated that 08 addresses basic life domains of the prisoner, including care coordination, 09 housing, eligibility for public benefits, and health care, including necessary 10 medication. 11 * Sec. 2. AS 33.16.087(a) is amended to read: 12 (a) If the victim of a crime [AGAINST A PERSON OR ARSON IN THE 13 FIRST DEGREE] requests notice of a scheduled hearing to review or consider special 14 medical parole for a prisoner convicted of that crime, the board shall send notice of the 15 hearing to the victim at least 30 days before the hearing. The notice must be 16 accompanied by a copy of the prisoner's or commissioner's application for parole 17 submitted under AS 33.16.085. However, the copy of the application sent to the victim 18 may not include the prisoner's proposed residence and employment addresses. 19 * Sec. 3. AS 33.16.900(11) is amended to read: 20 (11) "severely medically or cognitively disabled" means that a person 21 has a medical condition, or a cognitive condition, that substantially reduces 22 [ELIMINATES] the [PHYSICAL] ability to commit an offense similar to the offense 23 for which the person was convicted or to commit an offense in violation of AS 11.41 24 that is punishable as a felony, and the person is likely to 25 (A) remain subject to the medical or cognitive condition 26 throughout the entire period of parole; or 27 (B) die from the medical or cognitive condition; 28 * Sec. 4. AS 33.16.900(12) is amended to read: 29 (12) "special medical parole" means the release by the board before the 30 expiration of a term, subject to conditions imposed by the board and subject to its 31 custody and jurisdiction, of a prisoner who is severely medically or cognitively
01 disabled [OR A QUADRIPLEGIC]. 02 * Sec. 5. AS 33.30.017(c) is amended to read: 03 (c) The provisions of (b) of this section do not apply to prisoners 04 (1) who are 05 (A) developmentally disabled; or 06 (B) severely medically or cognitively disabled, as that term is 07 defined in AS 33.16.900; 08 (2) who are housed in a mental health unit or psychiatric unit of a state 09 correctional facility; or 10 (3) while placed in a state correctional facility awaiting classification 11 under classification procedures for the purpose of making the appropriate assignment 12 of the prisoner.