HOUSE BILL NO. 229 An Act relating to special medical parole and to prisoners who are severely medically and cognitively disabled. Co-Chair Harris MOVED to RESCIND previous action taken on failing to pass HB 299 out of Committee. There being NO OBJECTION, action was rescinded. Co-Chair Harris MOVED to ADOPT work draft #23-LS0885\Q, Luckhaupt, 4/17/03, as the version of the bill before the Committee. There being NO OBJECTION, it was adopted. Co-Chair Williams advised that during past hearings on the bill, there had been questions regarding the fiscal notes. PORTIA PARKER, DEPUTY COMMISSIONER, DEPARTMENT OF CORRECTIONS, referenced the Department of Corrections fiscal notes dated 4/28/03. She stated that Page 2 of the note describes key assumptions and indicates the projected savings. The original note was based on the previous Administration's fiscal analysis. That note was adjusted in collaboration with the current medical director and the actual billings were analyzed. She added that the note was based on many things out of the Department's control. *Representative Hawker noted his appreciation on the fiscal documentation. Representative Croft echoed sentiments voiced by Representative Hawker and information indicating justification for the $500,000 dollars. Representative Stoltze MOVED to adopt Amendment #3, #23- LS0885\I.1, Luckhaupt, 4/26/03. (Copy on File). Co-Chair Williams OBJECTED. Representative Stoltze explained that the amendment would remove anyone eligible for early medical parole convicted of a felony and sexual assault. Co-Chair Harris clarified that the intent was never to release any prisoner that had been convicted of a sexual assault. Representative Stoltze replied that those prisoners would not be released under the special medical parole provision. Representative Joule asked if that type of crime had been considered in the original bill. Ms. Parker explained that it is the same language as in statute and would add the prohibition back in. Sexual assault offenders had not been considered because it was not considered in statute. Representative Stoltze commented that the amendment would "soften the blow" of the bill. He mentioned the amount of recidivism in child molestation. It would allow the Department's discretion in exempting that class of crime. He urged that the Committee consider the concern. Vice-Chair Meyer noted that he was a co-sponsor of the amendment. He voiced his fear that someone could be released and could send harassing email messages to the victim and family. He questioned how the language would affect the fiscal note. Ms. Parker did not know the specific offenses of the 27 being considered. She pointed out that the current prison population is 16% sex offenders. She reiterated that she did not know the average overall population that was sex offenders and how that would affect the percentage available for medical parole. Ms. Parker stated that it would not impact the fiscal note. Ms. Parker made a correction, noting that the amendment would expand to all sexual assaults. In statute, it is listed in AS 11.41.434 - 438 and would broaden that language. Co-Chair Harris voiced his support for the amendment. Representative Hawker asked is the language expansion would be difficult for the Department. Ms. Parker responded that they did not have a problem with that language. There being NO further OBJECTION, the amendment was adopted. Representative Foster MOVED to report CS HB 229 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 229 (FIN) was reported out of Committee with a "do pass" recommendation and with new fiscal notes by the Department of Corrections and two by the Department of Health & Social Services.