SB 159: "An Act relating to special medical parole and to prisoners who are severely medically or cognitively disabled."

00 SENATE BILL NO. 159 01 "An Act relating to special medical parole and to prisoners who are severely medically 02 or cognitively disabled." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 33.16.085(a) is amended to read: 05 (a) Notwithstanding a presumptive, mandatory, or mandatory minimum term a 06 prisoner may be serving or any restriction on parole eligibility under AS 12.55, a 07 prisoner who is serving a term of at least 181 days, may, upon application by the 08 prisoner or the commissioner, be released by the board on special medical parole if the 09 board determines that 10 (1) [FOR A PRISONER CONVICTED OF 11 (A) AN OFFENSE OTHER THAN A VIOLATION OF 12 AS 11.41.434 - 11.41.438, THAT] the prisoner is severely medically or 13 cognitively disabled [OR A QUADRIPLEGIC] as certified in writing by a 14 physician licensed under AS 08.64[, WAS NOT SEVERELY MEDICALLY

01 DISABLED OR A QUADRIPLEGIC AT THE TIME THE PRISONER 02 COMMITTED THE OFFENSE OR PAROLE OR PROBATION 03 VIOLATION FOR WHICH THE PRISONER IS PRESENTLY 04 INCARCERATED; OR 05 (B) A VIOLATION OF AS 11.41.434 - 11.41.438, THAT 06 THE PRISONER IS A QUADRIPLEGIC AS CERTIFIED BY A 07 PHYSICIAN LICENSED UNDER AS 08.64 AND WAS NOT A 08 QUADRIPLEGIC AT THE TIME THE PRISONER COMMITTED THE 09 OFFENSE OR PAROLE OR PROBATION VIOLATION FOR WHICH THE 10 PRISONER IS PRESENTLY INCARCERATED]; [AND] 11 (2) [THAT] a reasonable probability exists that 12 (A) the prisoner will live and remain at liberty without 13 violating any laws or conditions imposed by the board; 14 (B) because of the prisoner's medical or cognitive disability 15 [BEING SEVERELY MEDICALLY DISABLED OR A QUADRIPLEGIC], 16 the prisoner will not pose a threat of harm to the public if released on parole; 17 and 18 (C) release of the prisoner on parole would not diminish the 19 seriousness of the crime; 20 (3) the care and supervision that the prisoner requires can be 21 provided in a more medically appropriate or cost-effective manner than by the 22 department; 23 (4) the prisoner is physically or cognitively incapacitated to an 24 extent that incarceration does not impose significant additional restrictions on 25 the prisoner; and 26 (5) the prisoner is expected to remain subject to the medical or 27 cognitive disability throughout the entire period of parole and there is no 28 reasonable expectation that the prisoner's medical or cognitive disability will 29 improve noticeably. 30 * Sec. 2. AS 33.16.900(11) is amended to read: 31 (11) "severely medically or cognitively disabled" means that a person

01 has a medical condition, or a cognitive condition due to irreversible dementia, that 02 substantially reduces [ELIMINATES] the [PHYSICAL] ability to commit an offense 03 similar to the offense for which the person was convicted or to commit an offense in 04 violation of AS 11.41 that is punishable as a felony, and the person is likely to 05 (A) remain subject to the medical or cognitive condition 06 [THROUGHOUT THE ENTIRE PERIOD OF PAROLE]; or 07 (B) die from the medical or cognitive condition; 08 * Sec. 3. AS 33.16.900(12) is amended to read: 09 (12) "special medical parole" means the release by the board before the 10 expiration of a term, subject to conditions imposed by the board and subject to its 11 custody and jurisdiction, of a prisoner who is severely medically or cognitively 12 disabled [OR A QUADRIPLEGIC]. 13 * Sec. 4. AS 33.30.017(c) is amended to read: 14 (c) The provisions of (b) of this section do not apply to prisoners 15 (1) who are 16 (A) developmentally disabled; or 17 (B) severely medically or cognitively disabled, as that term is 18 defined in AS 33.16.900; 19 (2) who are housed in a mental health unit or psychiatric unit of a state 20 correctional facility; or 21 (3) while placed in a state correctional facility awaiting classification 22 under classification procedures for the purpose of making the appropriate assignment 23 of the prisoner.