00 Enrolled HB 229 01 Relating to special medical parole and to prisoners who are severely medically or cognitively 02 disabled; relating to a severe acute respiratory syndrome control program; and providing for 03 an effective date. 04 _______________ 05  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. (a) The purpose of sec. 2 of this Act is to clarify the law and expressly 08 establish a comprehensive program for health care decisions to control severe acute 09 respiratory syndrome (SARS) in this state, including reporting, examinations, orders, and 10 detention to protect the public health. 11 (b) The purpose of secs. 3 - 7 of this Act is to clarify standards for special medical 12 parole and to address prisoners who are severely medically or cognitively disabled. 13  * Sec. 2. AS 18.15 is amended by adding a new section to read: 14 Article 1A. Severe Acute Respiratory Syndrome (SARS).  01 Sec. 18.15.112. SARS control program authorization. (a) A severe acute 02 respiratory syndrome (SARS) control program is authorized in the department. The 03 SARS control program shall be administered in the same manner and has the same 04 powers, authority, obligations, and limited immunities as does the program for the 05 control of tuberculosis under AS 18.15.120 - 18.15.149, except for the following: 06 (1) the provisions of the control program described in AS 18.15.120(1) 07 and (7); 08 (2) reports to state medical officers under AS 18.15.131; 09 (3) examinations of persons under AS 18.15.133; 10 (4) title to and inventory of equipment allotted to private institutions 11 under AS 18.15.140; 12 (5) the screening of school employees under AS 18.15.145. 13 (b) In this section, "SARS" or "severe acute respiratory syndrome" means the 14 infectious disease caused by the SARS-CoV or the SARS coronavirus and the 15 mutations of that disease.  16  * Sec. 3. AS 33.16.085(a) is amended to read: 17 (a) Notwithstanding a presumptive, mandatory, or mandatory minimum term a 18 prisoner may be serving or any restriction on parole eligibility under AS 12.55, a 19 prisoner who is serving a term of at least 181 days, may, upon application by the 20 prisoner or the commissioner, be released by the board on special medical parole if the 21 board determines that  22 (1) the [FOR A] prisoner has not been convicted of [(A)] an offense 23 under AS 11.41.410 - 11.41.425 or 11.41.434 - 11.41.438 and [OTHER THAN A 24 VIOLATION OF AS 11.41.434 - 11.41.438 THAT] the prisoner is severely medically 25 or cognitively disabled [OR A QUADRIPLEGIC] as certified in writing by a 26 physician licensed under AS 08.64 [, WAS NOT SEVERELY MEDICALLY 27 DISABLED OR A QUADRIPLEGIC AT THE TIME THE PRISONER 28 COMMITTED THE OFFENSE OR PAROLE OR PROBATION VIOLATION FOR 29 WHICH THE PRISONER IS PRESENTLY INCARCERATED; OR 30 (B) A VIOLATION OF AS 11.41.434 - 11.41.438, THAT 31 THE PRISONER IS A QUADRIPLEGIC AS CERTIFIED BY A 01 PHYSICIAN LICENSED UNDER AS 08.64 AND WAS NOT A 02 QUADRIPLEGIC AT THE TIME THE PRISONER COMMITTED THE 03 OFFENSE OR PAROLE OR PROBATION VIOLATION FOR WHICH THE 04 PRISONER IS PRESENTLY INCARCERATED]; [AND] 05 (2) [THAT] a reasonable probability exists that 06 (A) the prisoner will live and remain at liberty without 07 violating any laws or conditions imposed by the board; 08 (B) because of the prisoner's severe medical or cognitive  09 disability [BEING SEVERELY MEDICALLY DISABLED OR A 10 QUADRIPLEGIC], the prisoner will not pose a threat of harm to the public if 11 released on parole; and 12 (C) release of the prisoner on parole would not diminish the 13 seriousness of the crime;  14 (3) the prisoner  15 (A) was not suffering from the severe medical or cognitive  16 disability at the time the prisoner committed the offense or parole or  17 probation violation for which the prisoner is presently incarcerated; or  18 (B) was suffering from the severe medical or cognitive  19 disability at the time the prisoner committed the offense or parole or  20 probation violation for which the prisoner is presently incarcerated and  21 the medical or cognitive disability has progressed so that the likelihood of  22 the prisoner's committing the same or a similar offense is low; 23 (4) the care and supervision that the prisoner requires can be  24 provided in a more medically appropriate or cost-effective manner than by the  25 department;  26 (5) the prisoner is incapacitated to an extent that incarceration  27 does not impose significant additional restrictions on the prisoner;  28 (6) the prisoner is likely to remain subject to the severe medical or  29 cognitive disability throughout the entire period of parole or to die and there is  30 no reasonable expectation that the prisoner's medical or cognitive disability will  31 improve noticeably; and  01 (7) an appropriate discharge plan has been formulated that  02 addresses basic life domains of the prisoner, including care coordination,  03 housing, eligibility for public benefits, and health care, including necessary  04 medication. 05  * Sec. 4. AS 33.16.087(a) is amended to read: 06 (a) If the victim of a crime [AGAINST A PERSON OR ARSON IN THE 07 FIRST DEGREE] requests notice of a scheduled hearing to review or consider special 08 medical parole for a prisoner convicted of that crime, the board shall send notice of the 09 hearing to the victim at least 30 days before the hearing. The notice must be 10 accompanied by a copy of the prisoner's or commissioner's application for parole 11 submitted under AS 33.16.085. The [HOWEVER, THE] copy of the application sent 12 to the victim must [MAY NOT] include the prisoner's proposed residence and 13 employment addresses. 14  * Sec. 5. AS 33.16.900(11) is amended to read: 15 (11) "severely medically or cognitively disabled" means that a person 16 has a medical condition, or a cognitive condition, that substantially reduces 17 [ELIMINATES] the [PHYSICAL] ability to commit an offense similar to the offense 18 for which the person was convicted or to commit an offense in violation of AS 11.41 19 that is punishable as a felony, and the person is likely to 20 (A) remain subject to the severe medical or cognitive 21 condition throughout the entire period of parole; or 22 (B) die from the medical or cognitive condition; 23  * Sec. 6. AS 33.16.900(12) is amended to read: 24 (12) "special medical parole" means the release by the board before the 25 expiration of a term, subject to conditions imposed by the board and subject to its 26 custody and jurisdiction, of a prisoner who is severely medically or cognitively 27 disabled [OR A QUADRIPLEGIC]. 28  * Sec. 7. AS 33.30.017(c) is amended to read: 29 (c) The provisions of (b) of this section do not apply to prisoners 30 (1) who are 31 (A) developmentally disabled; or 01 (B) severely medically or cognitively disabled, as that term is 02 defined in AS 33.16.900; 03 (2) who are housed in a mental health unit or psychiatric unit of a state 04 correctional facility; or 05 (3) while placed in a state correctional facility awaiting classification 06 under classification procedures for the purpose of making the appropriate assignment 07 of the prisoner. 08  * Sec. 8. Sections 1 and 2 of this Act take effect immediately under AS 01.10.070(c).