CSHB 375(JUD): "An Act relating to abuse of inhalants."
00CS FOR HOUSE BILL NO. 375(JUD) 01 "An Act relating to abuse of inhalants." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.76 is amended by adding a new section to read: 04 Sec. 11.76.200. Abuse of inhalants. (a) Under circumstances not otherwise 05 proscribed under AS 11.71, a person commits the crime of abuse of inhalants if the 06 person smells or inhales any inhalant, other than an alcoholic beverage, with the intent 07 of causing intoxication, inebriation, excitement, stupefaction, or dulling of the brain 08 or nervous system. 09 (b) This section does not apply to the administration of a controlled substance, 10 drug, or other substance by a practitioner or otherwise in a medical context. In this 11 subsection, "administer," "drug," and "practitioner" have the meanings given in 12 AS 11.71.900. 13 (c) In this section, 14 (1) "alcoholic beverage" has the meaning given in AS 04.21.080;
01 (2) "inhalant" has the meaning given in AS 47.37.270(10). 02 (d) Abuse of inhalants is a violation. A court shall suspend the imposition of 03 sentence, place the defendant on probation under AS 12.55.085, and require the 04 defendant to successfully complete an inhalant abuse treatment program. 05 * Sec. 2. AS 47.37.170(b) is amended to read: 06 (b) A person who appears to be incapacitated by alcohol , inhalants, or drugs 07 in a public place shall be taken into protective custody by a peace officer or a member 08 of the emergency service patrol and immediately brought to an approved public 09 treatment facility, an approved private treatment facility, or another appropriate health 10 facility or service for emergency medical treatment. If a [NO] treatment facility or 11 emergency medical service is not available, a person who appears to be incapacitated 12 by alcohol , inhalants, or drugs in a public place shall be taken to a state or municipal 13 detention facility in the area if that appears necessary for the protection of the person's 14 health or safety. 15 * Sec. 3. AS 47.37.170(d) is amended to read: 16 (d) A person who, after medical examination at an approved private treatment 17 facility, or another appropriate health facility or service for emergency medical 18 treatment, is found to be incapacitated by alcohol , inhalants, or drugs at the time of 19 admission or to have become incapacitated by alcohol , inhalants, or drugs at any time 20 after admission, may not be detained at a facility after the person is no longer 21 incapacitated by alcohol , inhalants, or drugs. A person may not be detained at a 22 facility if the person remains incapacitated by alcohol for more than 48 hours after 23 admission as a patient. A person may consent to remain in the facility as long as the 24 physician in charge considers it appropriate. 25 * Sec. 4. AS 47.37.170(f) is amended to read: 26 (f) If a patient is admitted to an approved public treatment facility, family or 27 next of kin shall be promptly notified. If an adult patient who is not incapacitated by 28 alcohol , inhalants, or drugs requests that there be no notification of next of kin, the 29 request shall be granted. 30 * Sec. 5. AS 47.37.170(g) is amended to read: 31 (g) A person may not bring an action for damages based on the decision under
01 this section to take or not to take an intoxicated person or a person incapacitated by 02 alcohol , inhalants, or drugs into protective custody, unless the action is for damages 03 caused by gross negligence or intentional misconduct. 04 * Sec. 6. AS 47.37.170(i) is amended to read: 05 (i) A person taken to a detention facility under (a) or (b) of this section may 06 be detained only (1) until a treatment facility or emergency medical service is made 07 available, (2) until the person is no longer intoxicated or incapacitated by alcohol , 08 inhalants, or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. 09 A detaining officer or a detention facility official may release a person who is detained 10 under (a) or (b) of this section at any time to the custody of a responsible adult. A 11 peace officer or a member of the emergency service patrol, in detaining a person under 12 (a) or (b) of this section and in taking the person to a treatment facility, an emergency 13 medical service, or a detention facility, is taking the person into protective custody , 14 and the officer or patrol member shall make reasonable efforts to provide for and 15 protect the health and safety of the detainee. In taking a person into protective custody 16 under (a) and (b) of this section, a detaining officer, a member of the emergency 17 service patrol, or a detention facility official may take reasonable steps for self- 18 protection, including a full protective search of the person of a detainee. Protective custody 19 under (a) and (b) of this section does not constitute an arrest and an [NO] entry or other 20 record may not be made to indicate that the person detained has been arrested or charged with 21 a crime, except that a confidential record may be made that is necessary for the administrative 22 purposes of the facility to which the person has been taken or that is necessary for statistical 23 purposes where the person's name may not be disclosed. 24 * Sec. 7. AS 47.37.180(a) is amended to read: 25 (a) An intoxicated person who (1) has threatened, attempted to inflict, or 26 inflicted physical harm on another or is likely to inflict physical harm on another 27 unless committed, or (2) is incapacitated by alcohol , inhalants, or drugs, may be 28 committed to an approved public treatment facility for emergency treatment. A refusal 29 to undergo treatment does not constitute evidence of lack of judgment as to the need 30 for treatment. 31 * Sec. 8. AS 47.37.190(a) is amended to read:
01 (a) A spouse or guardian, a relative, the certifying physician, or the 02 administrator in charge of an approved public treatment facility may petition the court 03 for a 30-day involuntary commitment order. The petition must allege that the person 04 is an alcoholic or inhalant or drug abuser who (1) has threatened, attempted to inflict, 05 or inflicted physical harm on another and that , unless committed , is likely to inflict 06 physical harm on another; or (2) is incapacitated by alcohol , inhalants, or drugs. A 07 refusal to undergo treatment does not constitute evidence of lack of judgment as to the 08 need for treatment. The petition must be accompanied by a certificate of a licensed 09 physician who has examined the person within two days before submission of the 10 petition, unless the person whose commitment is sought has refused to submit to a 11 medical examination, in which case the fact of refusal must be alleged in the petition. 12 The certificate must set out the physician's findings in support of the allegations of the 13 petition. 14 * Sec. 9. AS 47.37.205(a) is amended to read: 15 (a) At any time during a person's 30-day commitment, the director of an 16 approved public facility or approved private facility may file with the court a petition 17 for a 180-day commitment of that person. The petition must include all material 18 required under AS 47.37.190(a) except that references to "30 days" shall be read as 19 "180 days" and must allege that the person continues to be an alcoholic or inhalant 20 or drug abuser who is incapacitated by alcohol , inhalants, or drugs, or who continues 21 to be at risk of serious physical harm or illness. 22 * Sec. 10. AS 47.37.235(c) is amended to read: 23 (c) A person who knowingly initiates an involuntary commitment petition 24 under AS 47.37.180 - 47.37.205 without having good cause to believe that the other 25 person is an alcoholic or inhalant or drug abuser and is incapacitated or at risk of 26 serious physical harm or illness if not treated is guilty of a class C felony. 27 * Sec. 11. AS 47.37.270(1) is amended to read: 28 (1) "alcoholic or inhalant or drug abuser" means a person who 29 demonstrates increased tolerance to alcohol , inhalants, or drugs, who suffers from 30 withdrawal when alcohol , inhalants, or drugs are not available, whose habitual lack 31 of self-control concerning the use of alcohol , inhalants, or drugs causes significant
01 hazard to the person's health, and who continues to use alcohol , inhalants, or drugs 02 despite the adverse consequences; 03 * Sec. 12. AS 47.37.270(10) is amended to read: 04 (10) "hazardous volatile material or substance" or "inhalant" 05 (A) means a material or substance that is readily vaporizable at 06 room temperature and whose vapors or gases, when inhaled, 07 (i) pose an immediate threat to the life or health of the 08 person; or 09 (ii) are likely to have adverse delayed effects on the 10 health of the person; 11 (B) includes, but is not limited to, 12 (i) gasoline; 13 (ii) materials and substances containing petroleum 14 distillates; and 15 (iii) common household materials and substances whose 16 containers bear a notice warning that inhalation of vapors or gases may 17 cause physical harm; 18 * Sec. 13. AS 47.37.270(11) is amended to read: 19 (11) "incapacitated by alcohol , inhalants, or drugs" means a person 20 who, as a result of alcohol , inhalants, or drugs, is unconscious or whose judgment is 21 otherwise so impaired that the person (A) is incapable of realizing and making rational 22 decisions with respect to the need for treatment , and (B) is unable to take care of the 23 person's basic safety or personal needs, including food, clothing, shelter, or medical 24 care; 25 * Sec. 14. AS 47.37.270(14) is amended to read: 26 (14) "intoxicated person" means a person whose mental or physical 27 functioning is substantially impaired as a result of the use of alcohol , inhalants, or 28 drugs;