HB 386: "An Act relating to a state-run drug and alcohol treatment facility; and relating to probation."
00 HOUSE BILL NO. 386 01 "An Act relating to a state-run drug and alcohol treatment facility; and relating to 02 probation." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.100(a) is amended to read: 05 (a) While on probation and among the conditions of probation, the defendant 06 (1) shall be required to obey all state, federal, and local laws or 07 ordinances, and any court orders applicable to the probationer; and 08 (2) may be required 09 (A) to pay a fine in one or several sums; 10 (B) to make restitution or reparation to aggrieved parties for 11 actual damages or loss caused by the crime for which conviction was had, 12 including compensation to a victim that is a nonprofit organization for the 13 value of labor or goods provided by volunteers if the labor or goods were 14 necessary to alleviate or mitigate the effects of the defendant's crime; when
01 determining the amount of actual damages or loss under this subparagraph, the 02 court shall value property as the market value of the property at the time and 03 place of the crime or, if the market value cannot reasonably be ascertained, the 04 cost of the replacement of the property within a reasonable time after the 05 crime; 06 (C) to provide for the support of any persons for whose support 07 the defendant is legally responsible; 08 (D) to perform community work in accordance with 09 AS 12.55.055; 10 (E) to participate in or comply with the treatment plan of an 11 inpatient or outpatient rehabilitation program specified by either the court or 12 the defendant's probation officer that is related to the defendant's offense or to 13 the defendant's rehabilitation; 14 (F) to satisfy the screening, evaluation, referral, and program 15 requirements of an agency authorized by the court to make referrals for 16 rehabilitative treatment or to provide rehabilitative treatment; 17 (G) to comply with a program established under AS 47.38.020; 18 [AND] 19 (H) to comply with the sanctions imposed by the defendant's 20 probation officer under AS 33.05.020(g); and 21 (I) to participate in an addiction rehabilitation program at 22 a drug and alcohol treatment facility under AS 47.38.050. 23 * Sec. 2. AS 47.38 is amended by adding a new section to read: 24 Article 1A. Drug and Alcohol Addiction Treatment Facility. 25 Sec. 47.38.050. Drug and Alcohol Addiction Treatment Facility. (a) The 26 commissioner shall, in consultation with the director of the division responsible for 27 managing the behavioral health program described in AS 47.05.270(b), establish and 28 operate a drug and alcohol addiction treatment facility. The facility must serve 29 individuals ordered by a court to participate in a drug or alcohol addiction treatment 30 program. 31 (b) The drug and alcohol addiction treatment facility must offer
01 (1) evidence-based medical detoxification; 02 (2) medication-assisted treatment; 03 (3) behavioral therapy; 04 (4) post-treatment counseling. 05 (c) The facility shall offer treatment on both an inpatient and outpatient basis. 06 The facility may not release an individual participating in an inpatient program under a 07 court order until a health care provider determines that the individual can refrain from 08 drug or alcohol use. 09 (d) The drug and alcohol addiction treatment facility may admit individuals 10 who voluntarily seek treatment. The department shall set the fee for voluntary 11 treatment by regulation.