Legislature(2003 - 2004)
05/10/2003 09:05 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 229(FIN)
"An Act relating to special medical parole and to prisoners
who are severely medically or cognitively disabled."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-chair Wilken stated that this legislation would provide the
Alaska Board of Parole the flexibility to deny or approve medical
parole.
TOM WRIGHT, Staff to Representative John Harris, Co-Chair of the
House Finance Committee, stated that Senator Lyda Green's staff
would present testimony on the behalf of the House Finance
Committee, the bill's sponsor.
JACQUELINE TUPOU, Staff to Senator Lyda Green, commented that this
bill would allow the Parole Board to grant parole to severely
disabled or ill prisoners. As a testament to the Parole Board's
"proven track record" regarding discretionary parole decisions, she
informed that prisoners who are released on mandatory parole have a
77-percent recidivism rate as compared to a one-percent recidivism
rate for those prisoners awarded discretionary parole by the Parole
Board.
Ms. Tupou stated that the State's inmate population is comprised of
430 individuals 50 years of age or older and that 23 percent of the
430 are more than 60 years of age. She expressed that the aging
prison population is incurring great medical expense to the State,
as she informed that people in State custody are exempt from
Medicaid or Medicare programs and Veterans or Native American
benefits. Therefore, she communicated that this legislation would
enable the Department to formulate a release plan for qualifying,
critically ill prisoners provided that such things as where they
would live and who their caregivers would be are addressed. She
assured the Committee that the release plan must be developed
before a prisoner's name would be advanced to the Parole Board.
Ms. Tupou stated that even though some of these prisoners are
currently in a hospital or other care facility, because they are in
State custody, the State is required to post a guard with them 24-
hours a day, regardless of the patient's physical situation. Were
these prisoners granted a medical parole, she stated that the cost
of the individual's care would be provided by federal matching
monies or by family resources. She reiterated that, under current
conditions, these funding options are not available.
Ms. Tupou declared that, were the medical parole option being
considered, the prisoner's victim would be notified and allowed to
comment. She further attested that were the action "to diminish the
seriousness of the crime," the medical parole would not be granted.
Ms. Tupou reiterated that this legislation would grant the Parole
Board the flexibility to make these discretionary parole decisions.
Senator Bunde asked whether a prisoner must be diagnosed with a
terminal medical condition before being considered for medical
parole.
Ms. Tupou replied yes, the prisoner should be experiencing a life-
threatening illness from which recovery is not expected.
Senator Bunde asked whether the illness must have "a time certain"
death element.
DR. JOHN ROBERTSON, Medical Director, Department of Corrections,
testified via teleconference from an offnet site to explain that
the general guidelines of this legislation specify that "the vast
majority" of people who would be considered for medical parole
status would have three to six months to live "with a year at the
outside." He expressed that this bill addresses the lack of
flexibility the Parole Board currently experiences regarding
medical paroles.
Senator Bunde voiced support for the bill.
Dr. Robertson commented that safeguards, based on other states'
experiences, are incorporated into the process, and that he is
confident that the Parole Board would take all factors such as the
crime, the medical condition, the prognosis, and the release plan
into consideration during its medical parole determination. He
stated that one of the prime considerations in the release plan is
that an appropriate care environment would be in available for the
person.
Amendment #1: This amendment changes the bill's title by inserting
new language on page 1, line 2, following the word "disabled" to
read as follows.
"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."
Additionally, two new sections are inserted on page 1, following
line 3. The new sections read as follow.
Section 1. The uncodified law of the State of Alaska is
amended by adding a new section to read:
PURPOSE. (a) The purposed of sec. 2 of this Act is to
clarify the law and expressly establish a comprehensive
program for health care decisions to control severe acute
respiratory syndrome (SARS) in this state, including
reporting, examinations, orders, and detention to protect the
public health.
(b) The purpose of secs. 3 7 of this Act is to clarify
standards for special medical parole and to address prisoners
who are severely medically or cognitively disabled.
Sec. 2 AS 18.15 is amended by adding a new section to
read:
Article 1A. Severe Acute Respiratory Syndrome (SARS).
Sec. 18.15.112. SARS control program authorization. (a) A
severe acute respiratory syndrome (SARS) control program is
authorized in the department. The SARS control program shall
be administered in the same manner and has the same powers,
authority, obligations, and limited immunities as does the
program for the control of tuberculosis under AS 18.15.120
18.15.149, except for the following:
(1) the provisions of the control program described in AS
18.15.120(1) and (7);
(2) reports to state medical officers under AS 18.15.131;
(3) examinations of persons under AS 18.15.133;
(4) title to and inventory of equipment allotted to
private institutions under AS 18.15.140;
(5) the screening of school employees under AS 18.15.145.
(b) In this section, "SARS" or "severe acute respiratory
syndrome" means the infectious disease caused by the SARS-CoV
or the SARS coronavirus and the mutations of that disease."
Furthermore, a new bill section is inserted on page 4, line 12 that
reads as follows.
Sec. 8. Sections 1 and 2 of this Act take effect immediately
under AS 01.10.070(c).
Senator Bunde moved for adoption of Amendment #1.
Co-Chair Wilken objected to discuss the status of the amendment
with Co-chair Green, the Chair of the Committee's subcommittees for
the Department of Health and Social Services and the Department of
Corrections.
Co-chair Green asked that the motion be temporarily tabled.
Co-Chair Wilken requested that the motion be withdrawn.
Senator Bunde WITHDREW the motion to adopt Amendment #2; however,
he asked that the amendment be discussed.
DOUGLAS BRUCE, Director, Division of Public Health, Department of
Health and Social Services stated that this amendment would allow
the Department to develop a program, similar to its tuberculosis
program, to address a possible outbreak of Sudden Acute Respiratory
Syndrome (SARS) or other issues that might require quarantines. He
stated that the amendment would additionally provide the Department
with the authority to address the particulars of the disease as
they differ from those of tuberculosis.
Co-Chair Wilken clarified that this amendment would affect a
different section of the bill than the medical parole issue does,
and in addition, he stated, it would require a title change.
Senator Hoffman asked the potential for a SARS outbreak in the
State.
DR. BETH FUNK, Epidemiology Section, Division of Public Health,
Department of Health and Social Services, testified via
teleconference from an offnet site in Anchorage and specified that
this amendment would provide the State with the ability to develop
a program to specifically address the particulars of SARS. She
noted that the State has observed the various international
reactions to SARS outbreaks and has determined that the regions
that moved quickly to test and quarantine suspected outbreaks have
been the most successful in disease control. She stated that while
most people voluntarily comply with quarantine requests, the
State's lack of enforcement capability might hinder disease
control.
Dr. Funk informed that the incubation period for SARS is
approximately two to ten days. She stated that this timeframe could
provide the opportunity for SARS to be introduced to the State due
to the fact that Alaskans travel so much and that national and
international travel is so "rapid."
Senator Taylor questioned why one specific infectious illness is
addressed in this amendment, as he suggested that a more generic
approach should be presented to allow the Department to address
infectious illnesses as deemed necessary.
Dr. Bruce agreed "that more general powers" would be welcome;
however, he stated that this is the initial step of a long process.
Senator Taylor voiced support for the overall Department objective.
However; he stated that previous legislative attempts to change
regulations to address a medical outbreak, specifically acquired
immunodeficiency syndrome (AIDS), were unsuccessful; partly he
noted, due to a lack of cooperation from the medical field. He
avowed that he has "no problem with this amendment," but he voiced
"strong concern ? with the inability of the Department to react" to
medical emergencies because of "political sensibilities," rather
than "the appropriate medical response."
Co-Chair Green questioned whether this concern could be addressed
in current Public Health regulations, as specified on page 267 of
the Alaska Statutes, Year 2002, Volume 5, that read as follow.
Section 18.05.040 Regulations (a) The commissioner shall adopt
regulations consistent with existing law for (1) the
definition, reporting, and control of diseases of public
health significance" should provide the Commissioner with the
authority to address major health issues.
Mr. Bruce responded that this amendment would address the concern
that this regulation does not provide the Department with
sufficient ability to quarantine individuals.
Co-chair Green suggested that the language could be amended to
include SARS under the tuberculosis program authority.
Mr. Bruce voiced support for the establishment of a separate SARS
program, similar to that specified for tuberculosis, as he stressed
that the program must contain language and procedures specific to
SARS.
Mr. Bruce asserted that this amendment would provide an interim
approach to providing the more generic authority that would be
required.
Co-Chair Green asked whether existing State statutes, specifically
Title 26. Military Affairs and Veterans. would provide the State
with the authority to make decisions regarding State disasters such
as an epidemic situation.
Mr. Bruce commented that "the Department of Law has indicated that
they would be much more comfortable" were this clarification
provided.
Co-Chair Green agreed with Senator Taylor's comment that the
amendment's language should be generic as opposed to being crafted
to address one specific virus. She stated that she would revisit
the language of the amendment to provide a more generic approach.
Co-chair Wilken commented that the amendment would be further
revised.
The bill was HELD in Committee.
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