HB 114: "An Act relating to abuse of inhalants."
00 HOUSE BILL NO. 114 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 or 08 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 class B misdemeanor. A court shall suspend the 03 imposition of sentence, place the defendant on probation under AS 12.55.085, and 04 require the defendant to successfully complete an inhalant abuse treatment program. 05 * Sec. 2. AS 47.12.030(b) is amended to read: 06 (b) When a minor is accused of violating a statute specified in this subsection, 07 other than a statute the violation of which is a felony, this chapter and the Alaska 08 Delinquency Rules do not apply and the minor accused of the offense shall be 09 charged, prosecuted, and sentenced in the district court in the same manner as an 10 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 11 subsection, the minor's parent, guardian, or legal custodian shall be present at all 12 proceedings; the provisions of this subsection apply when a minor is accused of 13 violating 14 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 15 a municipality; 16 (2) AS 11.76.105, relating to the possession of tobacco by a person 17 under 19 years of age; 18 (3) a fish and game statute or regulation under AS 16; 19 (4) a parks and recreational facilities statute or regulation under 20 AS 41.21; 21 (5) AS 04.16.050, relating to possession, control, or consumption of 22 alcohol; [AND] 23 (6) a municipal curfew ordinance, whether adopted under 24 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 25 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 26 the violation of a municipal curfew ordinance, the court shall allow a defendant the 27 option of performing community work; the value of the community work, which may 28 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 29 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 30 or work that, on the recommendation of the municipal or borough assembly, city 31 council, or traditional village council of the defendant's place of residence, would
01 benefit persons within the municipality or village who are elderly or disabled; and 02 (7) AS 11.76.200, relating to abuse of inhalants. 03 * Sec. 3. AS 47.37.170(b) is amended to read: 04 (b) A person who appears to be incapacitated by alcohol, inhalants, or drugs 05 in a public place shall be taken into protective custody by a peace officer or a member 06 of the emergency service patrol and immediately brought to an approved public 07 treatment facility, an approved private treatment facility, or another appropriate health 08 facility or service for emergency medical treatment. If a [NO] treatment facility or 09 emergency medical service is not available, a person who appears to be incapacitated 10 by alcohol, inhalants, or drugs in a public place shall be taken to a state or municipal 11 detention facility in the area if that appears necessary for the protection of the person's 12 health or safety. 13 * Sec. 4. AS 47.37.170(d) is amended to read: 14 (d) A person who, after medical examination at an approved private treatment 15 facility, or another appropriate health facility or service for emergency medical 16 treatment, is found to be incapacitated by alcohol, inhalants, or drugs at the time of 17 admission or to have become incapacitated by alcohol, inhalants, or drugs at any time 18 after admission, may not be detained at a facility after the person is no longer 19 incapacitated by alcohol, inhalants, or drugs. A person may not be detained at a 20 facility if the person remains incapacitated by alcohol for more than 48 hours after 21 admission as a patient. A person may consent to remain in the facility as long as the 22 physician in charge considers it appropriate. 23 * Sec. 5. AS 47.37.170(f) is amended to read: 24 (f) If a patient is admitted to an approved public treatment facility, family or 25 next of kin shall be promptly notified. If an adult patient who is not incapacitated by 26 alcohol, inhalants, or drugs requests that there be no notification of next of kin, the 27 request shall be granted. 28 * Sec. 6. AS 47.37.170(g) is amended to read: 29 (g) A person may not bring an action for damages based on the decision under 30 this section to take or not to take an intoxicated person or a person incapacitated by 31 alcohol, inhalants, or drugs into protective custody, unless the action is for damages
01 caused by gross negligence or intentional misconduct. 02 * Sec. 7. AS 47.37.170(i) is amended to read: 03 (i) A person taken to a detention facility under (a) or (b) of this section may be 04 detained only (1) until a treatment facility or emergency medical service is made 05 available, (2) until the person is no longer intoxicated or incapacitated by alcohol, 06 inhalants, or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. 07 A detaining officer or a detention facility official may release a person who is detained 08 under (a) or (b) of this section at any time to the custody of a responsible adult. A 09 peace officer or a member of the emergency service patrol, in detaining a person under 10 (a) or (b) of this section and in taking the person to a treatment facility, an emergency 11 medical service, or a detention facility, is taking the person into protective custody, 12 and the officer or patrol member shall make reasonable efforts to provide for and 13 protect the health and safety of the detainee. In taking a person into protective custody 14 under (a) and (b) of this section, a detaining officer, a member of the emergency 15 service patrol, or a detention facility official may take reasonable steps for self- 16 protection, including a full protective search of the person of a detainee. Protective 17 custody under (a) and (b) of this section does not constitute an arrest and an [NO] 18 entry or other record may not be made to indicate that the person detained has been 19 arrested or charged with a crime, except that a confidential record may be made that is 20 necessary for the administrative purposes of the facility to which the person has been 21 taken or that is necessary for statistical purposes where the person's name may not be 22 disclosed. 23 * Sec. 8. AS 47.37.180(a) is amended to read: 24 (a) An intoxicated person who (1) has threatened, attempted to inflict, or 25 inflicted physical harm on another or is likely to inflict physical harm on another 26 unless committed, or (2) is incapacitated by alcohol, inhalants, or drugs, may be 27 committed to an approved public treatment facility for emergency treatment. A 28 refusal to undergo treatment does not constitute evidence of lack of judgment as to the 29 need for treatment. 30 * Sec. 9. AS 47.37.190(a) is amended to read: 31 (a) A spouse or guardian, a relative, the certifying physician, or the
01 administrator in charge of an approved public treatment facility may petition the court 02 for a 30-day involuntary commitment order. The petition must allege that the person 03 is an alcoholic or inhalant or drug abuser who (1) has threatened, attempted to inflict, 04 or inflicted physical harm on another and that, unless committed, is likely to inflict 05 physical harm on another; or (2) is incapacitated by alcohol, inhalants, or drugs. A 06 refusal to undergo treatment does not constitute evidence of lack of judgment as to the 07 need for treatment. The petition must be accompanied by a certificate of a licensed 08 physician who has examined the person within two days before submission of the 09 petition, unless the person whose commitment is sought has refused to submit to a 10 medical examination, in which case the fact of refusal must be alleged in the petition. 11 The certificate must set out the physician's findings in support of the allegations of the 12 petition. 13 * Sec. 10. AS 47.37.205(a) is amended to read: 14 (a) At any time during a person's 30-day commitment, the director of an 15 approved public facility or approved private facility may file with the court a petition 16 for a 180-day commitment of that person. The petition must include all material 17 required under AS 47.37.190(a) except that references to "30 days" shall be read as 18 "180 days" and must allege that the person continues to be an alcoholic or inhalant or 19 drug abuser who is incapacitated by alcohol, inhalants, or drugs, or who continues to 20 be at risk of serious physical harm or illness. 21 * Sec. 11. AS 47.37.235(c) is amended to read: 22 (c) A person who knowingly initiates an involuntary commitment petition 23 under AS 47.37.180 - 47.37.205 without having good cause to believe that the other 24 person is an alcoholic or inhalant or drug abuser and is incapacitated or at risk of 25 serious physical harm or illness if not treated is guilty of a class C felony. 26 * Sec. 12. AS 47.37.270(1) is amended to read: 27 (1) "alcoholic or inhalant or drug abuser" means a person who 28 demonstrates increased tolerance to alcohol, inhalants, or drugs, who suffers from 29 withdrawal when alcohol, inhalants, or drugs are not available, whose habitual lack of 30 self-control concerning the use of alcohol, inhalants, or drugs causes significant 31 hazard to the person's health, and who continues to use alcohol, inhalants, or drugs
01 despite the adverse consequences; 02 * Sec. 13. AS 47.37.270(10) is amended to read: 03 (10) "hazardous volatile material or substance" or "inhalant" 04 (A) means a material or substance that is readily vaporizable at 05 room temperature and whose vapors or gases, when inhaled, 06 (i) pose an immediate threat to the life or health of the 07 person; or 08 (ii) are likely to have adverse delayed effects on the 09 health of the person; 10 (B) includes, but is not limited to, 11 (i) gasoline; 12 (ii) materials and substances containing petroleum 13 distillates; and 14 (iii) common household materials and substances 15 whose containers bear a notice warning that inhalation of vapors or 16 gases may cause physical harm; 17 * Sec. 14. AS 47.37.270(11) is amended to read: 18 (11) "incapacitated by alcohol, inhalants, or drugs" means a person 19 who, as a result of alcohol, inhalants, or drugs, is unconscious or whose judgment is 20 otherwise so impaired that the person (A) is incapable of realizing and making rational 21 decisions with respect to the need for treatment, and (B) is unable to take care of the 22 person's basic safety or personal needs, including food, clothing, shelter, or medical 23 care; 24 * Sec. 15. AS 47.37.270(14) is amended to read: 25 (14) "intoxicated person" means a person whose mental or physical 26 functioning is substantially impaired as a result of the use of alcohol, inhalants, or 27 drugs;