HB 219: "An Act authorizing special medical parole for terminally ill prisoners."
00HOUSE BILL NO. 219 01 "An Act authorizing special medical parole for terminally ill prisoners." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 33.16.010(d) is amended to read: 04 (d) A prisoner released on special medical, discretionary, or mandatory parole 05 is subject to the conditions of parole imposed under AS 33.16.150. Parole may be 06 revoked under AS 33.16.220. 07 * Sec. 2. AS 33.16.010 is amended by adding a new subsection to read: 08 (e) A prisoner eligible under AS 33.16.085 may be released on special medical 09 parole by the Parole Board. 10 * Sec. 3. AS 33.16.060 is amended to read: 11 Sec. 33.16.060. DUTIES OF THE BOARD. (a) The board shall 12 (1) serve as the parole authority for the state; 13 (2) upon receipt of an application, consider the suitability for parole of 14 a prisoner who is eligible for special medical or discretionary parole;
01 (3) impose parole conditions on all prisoners released under 02 discretionary or mandatory parole; 03 (4) under AS 33.16.210, discharge a person from parole when custody 04 is no longer required; 05 (5) maintain records of the meetings and proceedings of the board; 06 (6) recommend to the governor and the legislature changes in the law 07 administered by the board; 08 (7) recommend to the governor or the commissioner changes in the 09 practices of the department and of other departments of the executive branch necessary 10 to facilitate the purposes and practices of parole; 11 (8) upon request of the governor, review and recommend applicants for 12 executive clemency; and 13 (9) execute other responsibilities prescribed by law. 14 (b) The board shall adopt regulations under the Administrative Procedure Act 15 (AS 44.62) 16 (1) establishing standards under which the suitability of a prisoner for 17 special medical or discretionary parole shall be determined; 18 (2) providing for the supervision of parolees and for recommitment of 19 parolees; and 20 (3) governing procedures of the board. 21 * Sec. 4. AS 33.16 is amended by adding new sections to read: 22 Sec. 33.16.085. SPECIAL MEDICAL PAROLE. (a) Notwithstanding a 23 presumptive, mandatory, or mandatory minimum term a prisoner may be serving or 24 any restriction on parole eligibility under AS 12.55, a prisoner who is serving a term 25 of at least 181 days, may, upon application by the prisoner or the commissioner and 26 in the discretion of the board, be released on special medical parole if the board 27 determines that 28 (1) the prisoner is suffering from a terminal illness; and 29 (2) a reasonable probability exists that 30 (A) the prisoner will live and remain at liberty without violating 31 any laws or conditions imposed by the board;
01 (B) the prisoner will not pose a threat of harm to the public if 02 released on parole; and 03 (C) release of the prisoner on parole would not diminish the 04 seriousness of the crime. 05 (b) If the board finds a change in circumstances or discovers new information 06 concerning a prisoner who has been granted a special medical parole release date, the 07 board may rescind or revise the previously granted parole release date. 08 (c) The board shall issue its decision to grant or deny special medical parole, 09 or to rescind or revise the release date of a prisoner granted special medical parole, in 10 writing and provide a basis for the decision. A copy of the decision shall be provided 11 to the prisoner. 12 Sec. 33.16.087. RIGHTS OF CERTAIN VICTIMS IN CONNECTION WITH 13 SPECIAL MEDICAL PAROLE. (a) If the victim of a crime against a person or 14 arson in the first degree requests notice of a scheduled hearing to review or consider 15 special medical parole for a prisoner convicted of that crime, the board shall send 16 notice of the hearing to the victim at least 30 days before the hearing. The notice 17 must be accompanied by a copy of the prisoner's or commissioner's application for 18 parole submitted under AS 33.16.085. However, the copy of the application sent to 19 the victim may not include the prisoner's proposed residence and employment 20 addresses. 21 (b) A victim who requests notice under this section shall maintain a current, 22 valid mailing address on file with the board. The board shall send the notice required 23 by this section to the last known address of the victim. The victim's address may not 24 be disclosed to the prisoner or the prisoner's attorney. 25 (c) The victim has a right to attend meetings of the parole board in which the 26 status of the prisoner convicted of the crime against that victim is officially 27 considered and to comment, in writing or in person, on the proposed action of the 28 board. Copies of any written comments shall be provided to the prisoner and the 29 prisoner's attorney before action by the board. 30 (d) The board shall consider the comments presented under (c) of this section 31 in deciding whether to release the prisoner on special medical parole.
01 (e) If the victim requests, the board shall make every reasonable effort to 02 notify the victim as soon as practicable in writing of its decision to grant or deny 03 special medical parole. The notice under this subsection must include the expected 04 date of the prisoner's release, the geographic area in which the prisoner is required to 05 reside, and other pertinent information concerning the prisoner's conditions of parole 06 that may affect the victim. 07 * Sec. 5. AS 33.16.140 is amended to read: 08 Sec. 33.16.140. ORDER FOR PAROLE. An order for parole issued by the 09 board, setting out the conditions imposed under AS 33.16.150(a) and (b) [,] and the 10 date parole custody ends, shall be furnished to each prisoner released on special 11 medical, discretionary, or mandatory parole. 12 * Sec. 6. AS 33.16.150(a) is amended to read: 13 (a) As a condition of parole, a prisoner released on special medical, 14 discretionary, or mandatory parole 15 (1) shall obey all state, federal, or local laws or ordinances, and any 16 court orders applicable to the parolee; 17 (2) shall make diligent efforts to maintain steady employment or meet 18 family obligations; 19 (3) shall, if involved in education, counseling, training, or treatment, 20 continue in the program unless granted permission from the parole officer assigned to 21 the parolee to discontinue the program; 22 (4) shall report 23 (A) upon release to the parole officer assigned to the parolee; 24 (B) at other times, and in the manner, prescribed by the board 25 or the parole officer assigned to the parolee; 26 (5) shall reside at a stated place and not change that residence without 27 notifying, and receiving permission from, the parole officer assigned to the parolee; 28 (6) shall remain within stated geographic limits unless written 29 permission to depart from the stated limits is granted the parolee; 30 (7) may not use, possess, handle, purchase, give, distribute, or 31 administer a controlled substance as defined in AS 11.71.900 or under federal law or
01 a drug for which a prescription is required under state or federal law without a 02 prescription from a licensed medical professional to the parolee; 03 (8) may not possess or control a firearm; in this paragraph, "firearm" 04 has the meaning given in AS 11.81.900; 05 (9) may not enter into an agreement or other arrangement with a law 06 enforcement agency or officer that will place the parolee in the position of violating 07 a law or parole condition without the prior approval of the board; 08 (10) may not contact or correspond with anyone confined in a 09 correctional facility of any type serving any term of imprisonment or a felon without 10 the permission of the parole officer assigned to a parolee; 11 (11) shall agree to waive extradition from any state or territory of the 12 United States and to not contest efforts to return the parolee to the state. 13 * Sec. 7. AS 33.16.150(b) is amended to read: 14 (b) The board may require as a condition of special medical, discretionary, or 15 mandatory parole, or a member of the board acting for the board under (e) of this 16 section may require as a condition of mandatory parole, that a prisoner released on 17 parole 18 (1) not possess or control a defensive weapon, a deadly weapon other 19 than an ordinary pocket knife with a blade three inches or less in length, or 20 ammunition for a firearm, or reside in a residence where there is a firearm capable of 21 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 22 weapon," "defensive weapon," and "firearm" have the meanings given in 23 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 24 (2) refrain from possessing or consuming alcoholic beverages; 25 (3) submit to reasonable searches and seizures by a parole officer, or 26 a peace officer acting under the direction of a parole officer; 27 (4) submit to appropriate medical, mental health, or controlled 28 substance or alcohol examination, treatment, or counseling; 29 (5) submit to periodic examinations designed to detect the use of 30 alcohol or controlled substances; 31 (6) make restitution ordered by the court according to a schedule
01 established by the board; 02 (7) refrain from opening, maintaining, or using a checking account or 03 charge account; 04 (8) refrain from entering into a contract other than a prenuptial contract 05 or a marriage contract; 06 (9) refrain from operating a motor vehicle; 07 (10) refrain from entering an establishment where alcoholic beverages 08 are served, sold, or otherwise dispensed; 09 (11) refrain from participating in any other activity or conduct 10 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 11 current circumstances, or perceived risk to the community, or from associating with 12 any other person that the board determines is reasonably likely to diminish the 13 rehabilitative goals of parole, or that may endanger the public. 14 * Sec. 8. AS 33.16.200 is amended to read: 15 Sec. 33.16.200. CUSTODY OF PAROLEE. Except as provided in 16 AS 33.16.210, the board retains custody of special medical, discretionary, and 17 mandatory parolees until the expiration of the maximum term or terms of 18 imprisonment to which the parolee is sentenced. 19 * Sec. 9. AS 33.16.900 is amended by adding a new paragraph to read: 20 (11) "special medical parole" means the release by the board before the 21 expiration of a term, subject to conditions imposed by the board and subject to its 22 custody and jurisdiction, of a prisoner who is suffering from a terminal disease.