Section 33.16.085. Special medical parole.

   (a) Notwithstanding a presumptive, mandatory, or mandatory minimum term or sentence a prisoner may be serving or any restriction on parole eligibility under AS 12.55, a prisoner who is serving a term of at least 181 days may, upon application by the prisoner or the commissioner, be released by the board on special medical parole if the board determines that
        (1) the prisoner has not been convicted of an offense under AS 11.41.410 - 11.41.425 or 11.41.434 - 11.41.438 and the prisoner is severely medically or cognitively disabled as certified in writing by a physician licensed under AS 08.64;
        (2) a reasonable probability exists that
             (A) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board;
             (B) because of the prisoner's severe medical or cognitive disability, the prisoner will not pose a threat of harm to the public if released on parole; and
             (C) release of the prisoner on parole would not diminish the seriousness of the crime;
        (3) the prisoner
             (A) was not suffering from the severe medical or cognitive disability at the time the prisoner committed the offense or parole or probation violation for which the prisoner is presently incarcerated; or
             (B) was suffering from the severe medical or cognitive disability at the time the prisoner committed the offense or parole or probation violation for which the prisoner is presently incarcerated and the medical or cognitive disability has progressed so that the likelihood of the prisoner's committing the same or a similar offense is low;
        (4) the care and supervision that the prisoner requires can be provided in a more medically appropriate or cost-effective manner than by the department;
        (5) the prisoner is incapacitated to an extent that incarceration does not impose significant additional restrictions on the prisoner;
        (6) the prisoner is likely to remain subject to the severe medical or cognitive disability throughout the entire period of parole or to die and there is no reasonable expectation that the prisoner's medical or cognitive disability will improve noticeably; and
        (7) an appropriate discharge plan has been formulated that addresses basic life domains of the prisoner, including care coordination, housing, eligibility for public benefits, and health care, including necessary medication.
   (b) If the board finds a change in circumstances or discovers new information concerning a prisoner who has been granted a special medical parole release date, the board may rescind or revise the previously granted parole release date.
   (c) The board shall issue its decision to grant or deny special medical parole, or to rescind or revise the release date of a prisoner granted special medical parole, in writing and provide a basis for the decision. A copy of the decision shall be provided to the prisoner.

Authorities

33.16.010;33.16.087

Notes

Implemented As

22 AAC 20.235
22 AAC 20.600
22 AAC 20.605
22 AAC 20.610
22 AAC 20.613
22 AAC 20.615
22 AAC 20.620
22 AAC 20.625
22 AAC 20.630
22 AAC 20.635
22 AAC 20.640
22 AAC 20.645
22 AAC 20.650
22 AAC 20.655
22 AAC 20.660

References

22 AAC 20.600
22 AAC 20.650
AS 33.16.010 Parole.
AS 33.16.087 Rights of victims in connection with special medical parole.

History

(Sec. 5 ch 70 SLA 1995; am Sec. 3 ch 25 SLA 2003; am Sec. 27 ch 2 SLA 2005)