AS Title 47, Chapter 38: Alcohol and Substance Abuse Accountability
AI-assisted research summary: This chapter requires the health department and commissioner to work with corrections to create alcohol and substance abuse monitoring and treatment programs for people on probation or release conditions, and to report on a recidivism reduction program.
Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released on Bail or on Probation. Chapter 38. Alcohol and Substance Abuse Accountability. Sec. 47.38.010. Cooperation with the Department of Corrections. The department shall cooperate with the Department of Corrections in establishing and conducting programs to provide treatment for alcoholics, intoxicated persons, drug abusers, and inhalant abusers who are on conditions of release as provided in AS 12.30 or on probation. Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The commissioner, in cooperation with the commissioner of corrections, shall establish a program using a competitive procurement process for certain persons with release conditions ordered as provided under AS 12.30 , or offenders with conditions of probation, that include not consuming controlled substances or alcoholic beverages. (b) The commissioner shall adopt regulations to implement the program. The regulations must include regulations regarding products and services that provide alcohol and substance abuse monitoring. (c) The commissioner shall include in the program (1) a requirement for twice-a-day testing, either remotely or in person, for alcoholic beverage use and random testing for controlled substances; (2) a means to provide the probation officer, prosecutor's office, or local law enforcement agency with notice within 24 hours, so that a complaint may be filed alleging a violation of AS 11.56.757 , a petition may be filed with the court seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, or an arrest warrant may be issued for the person on release or offender with conditions of probation provided in this subsection, if the person or offender (A) fails to appear for an appointment or fails to complete a test through the use of remote alcohol or substance abuse monitoring technology as required by the program requirements; or (B) tests positive for the use of controlled substances or alcoholic beverages; and (3) a requirement that the person or offender pay, based on the person's or offender's ability under financial guidelines established by the commissioner, for the cost of participating in the program. (d) The department shall contract with one or more vendors using a competitive procurement process in accordance with AS 36.30 (State Procurement Code) to provide or conduct the testing required under (c) of this section. Article 2. Recidivism Reduction Program. Sec. 47.38.100. Recidivism reduction program. (a) The recidivism reduction program is established to promote the rehabilitation of persons on probation or parole or incarcerated for offenses and recently released from correctional facilities. (b) The commissioner, in cooperation with the Alaska Criminal Justice Data Analysis Commission established in AS 44.19.641 , may provide for programs that have, as a primary focus, rehabilitation and reduction of recidivism for persons on probation or parole or incarcerated for offenses and recently released from correctional facilities. The commissioner may enter into contracts to provide for programs under this section. An eligible program under this section must accomplish at least one of the following objectives: (1) increasing access to evidence-based rehabilitation programs, including drug and alcohol treatment, mental health treatment, and cognitive behavioral programs; or (2) supporting offenders' transition and re-entry from correctional facilities to the community, including transitional housing services, employment services, vocational training, educational support, counseling, and medical care. (c) The commissioner and the commissioner of corrections shall prepare a joint annual report on the program provided under (a) of this section, and notify the legislature on or before January 15 of each year that the report is available. The report must include an analysis of the program's effects on recidivism for program participants. (d) In this section, evidenced-based means a program or practice that offers a high level of research on effectiveness. Article 3. General Provisions. Sec. 47.38.190. Regulations. The department may adopt regulations necessary to implement this chapter. Sec. 47.38.199. Definitions. In this chapter, (1) commissioner means the commissioner of health; (2) department means the Department of Health.