02/08/1994 09:30 AM Senate FIN

  CSHB 137(JUD): An Act authorizing special medical parole for                 
                 terminally ill prisoners.                                     
                                                                               
                 Representative  Eldon  Mulder, sponsor  of HB
, testified  in support of  CSHB 137(JUD).                 
                 Discussion was held between  Co-chairs Pearce                 
                 and Frank  regarding who would  determine the                 
                 terminally  ill   inmates.    The   bill  was                 
                 REPORTED OUT  of committee  with a "do  pass"                 
                 and  three   zero  fiscal   notes  from   the                 
                 Department of Administration, #1631  and #43,                 
                 and the Department of Corrections.                            
                                                                               
  CS FOR HOUSE BILL NO. 137(JUD):                                              
                                                                               
       An   Act  authorizing   special   medical  parole   for                 
       terminally ill prisoners.                                               
                                                                               
  CO-CHAIR  PEARCE announced  that  CSHB  137(JUD) was  before                 
  committee  and invited Representative Mulder, sponsor of the                 
  bill, to join the committee at the table.                                    
                                                                               
  REPRESENTATIVE MULDER said  that HB 137  was the product  of                 
  the Alaska  Sentencing Commission's  recommendations to  the                 
  legislature, and a cooperative effort between the Department                 
  of Corrections, the Parole Board, and  himself.  The bill is                 
  a cost  avoidance measure intended to save the Department of                 
  Correction and hence,  the state,  a considerable amount  of                 
  money in the future.   It relates to special  medical parole                 
  for terminally ill prisoners.  The Department of Corrections                 
  is  responsible for inmates'  medical costs as  long as they                 
  are  in  custody.    Covering  health  costs  is  a  serious                 
  financial  burden particularly  when a  terminal illness  is                 
  involved.  Once paroled, the  medical costs could be  picked                 
  up  by  Medicare  or  Medicaid,  easing  the  burden  on the                 
  Department of  Corrections and the  state.  This  bill would                 
  allow the  parole board  when appropriate  to grant  special                 
  medical parole  for terminally  ill patients.   It  contains                 
  certain criteria the board must follow before parole  can be                 
  granted.   It  must  be  determined  that  the  prisoner  is                 
                                                                               
                                                                               
  suffering   from   the   terminal   illness,  a   reasonable                 
  probability exists that  the prisoner  will not violate  any                 
  laws  or conditions imposed  by the board,  and finally, the                 
  prisoner will  not pose  a threat  to society  and that  the                 
  release of  the prisoner will  not diminish the  severity of                 
  the crime.   Passage of this  bill should save the  state of                 
  Alaska a substantial amount of money in the future and urged                 
  the   committee  to   support   HB  137.     He   said  that                 
  representatives  from the Department  of Corrections and the                 
  Sentencing Commission  were present  and welcomed  questions                 
  from the committee.                                                          
                                                                               
  In answer to Co-chair Pearce, Representative Mulder said the                 
  Parole Board would determine a  "terminally ill" inmate with                 
  strict and limited definitions.  Co-chair Pearce pointed out                 
  that this might effect more than just elderly prisoners.                     
                                                                               
  In answer to Co-chair Frank, Representative Mulder urged the                 
  committee  to  remember  all  the  conditions that  will  be                 
  considered,  and  that  the person  suffering  from  such an                 
  illness  carries with him  a tremendous medical  cost to the                 
  state.  In addition, the  factors outlined (specifically, to                 
  not diminish the  severity of  the crime  or to  not pose  a                 
  threat to society) limits the scope of the usage of HB 137.                  
                                                                               
  In answer to Co-chair Pearce, Representative Mulder informed                 
  the committee the inmates paroled could  go home or to other                 
  medical  facilities  where  costs  could  be  picked  up  by                 
  Medicare or Medicaid.                                                        
                                                                               
  SENATOR KERTTULA asked what would happen if, after a  period                 
  of time, the inmate was no longer considered terminally ill.                 
  RICHARD COLLUM, Executive Director, Parole Board, Department                 
  of Corrections, assured the committee that if an illness was                 
  turned  around   that  would   not  be   reason  enough   to                 
  reincarcerate the  prisone but  if any of  the other  parole                 
  conditions were violated,  the board  would put the  parolee                 
  back into prison.                                                            
                                                                               
  In  answer to  Co-chair Pearce, Mr.  Collum, although  not a                 
  medical professional, believed that Alzheimer's disease  was                 
  considered a terminal illness.                                               
                                                                               
  SENATOR  SHARP  MOVED  for  passage  of CSHB  137(JUD)  from                 
  committee  with individual  recommendations.   No objections                 
  being raised, CSHB 137(JUD) and three zero fiscal notes from                 
  the Department  of Administration,  #1631 and  #43, and  the                 
  Department  of Corrections,  was REPORTED OUT  of committee.                 
  Co-chairs Pearce and  Frank, Senators Rieger, Kerttula,  and                 
  Sharp  signed  the   committee  report  with  a   "do  pass"                 
  recommendation.