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