HCR 26: Relating to creation of the Public Inebriate Task Force.
00HOUSE CONCURRENT RESOLUTION NO. 26 01 Relating to creation of the Public Inebriate Task Force. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS, with passage of the Federal Uniform Alcoholism and Intoxication 04 Treatment Act of 1971, the State of Alaska adopted the following policy: "that alcoholics and 05 intoxicated persons should not be criminally prosecuted for their consumption of alcoholic 06 beverages and that they should be afforded a continuum of treatment so they may lead normal 07 lives as productive members of society"; and 08 WHEREAS Title 47 of the Alaska Statutes requires that inebriates be taken to the 09 closest medical facility for screening before placing the inebriates in a public treatment facility 10 or if none is available, in a city- or state-owned holding cell for a maximum of 12 hours or 11 until their blood alcohol level is less than .10 and the costs of these medical screenings or the 12 payment for the medical screenings have never been defined by AS 47; and 13 WHEREAS local medical facilities are directed to provide medical screening and 14 medical treatment to intoxicated persons brought to them by public safety officials or
01 emergency service personnel and can expect no remuneration for these services; and 02 WHEREAS community and state detention facilities, which are already overcrowded, 03 must provide protective custody to persons who are taken into custody by community service 04 patrols or public safety officials; and 05 WHEREAS this federal and state mandate has placed a significant burden on 06 communities, especially those rural communities that do not have a continuum of treatment 07 services available to effectively address this problem; and 08 WHEREAS this policy has created a public safety issue that results in an inordinate 09 burden on local public safety officials to protect these individuals; and 10 WHEREAS, if this public safety issue is ignored, municipalities face significant legal 11 liability issues; 12 BE IT RESOLVED that the Alaska State legislature establishes the Public Inebriate 13 Task Force in order to develop and recommend to the legislature a plan for treatment and 14 services for intoxicated persons and persons incapacitated by alcohol; and be it 15 FURTHER RESOLVED that the task force shall 16 (1) evaluate federal law and state statutory and regulatory language relating to 17 the protective custody provisions of AS 47; 18 (2) identify methods that may be implemented to minimize use of the 19 protective custody provisions of AS 47; 20 (3) identify methods that may be implemented to maximize opportunity for 21 treatment; 22 (4) determine costs to communities, public health facilities, and detention 23 facilities; 24 (5) determine other costs related to the protective custody provisions of AS 47; 25 (6) evaluate and determine methods to utilize community solutions; 26 (7) evaluate policy that will organize and allow state departments to work 27 collaboratively to solve this problem; and be it 28 FURTHER RESOLVED that the task force shall consist of 17 voting members as 29 follows: 30 (1) two members of the House of Representatives appointed by the Speaker 31 of the House; one member shall be a member of the majority and one a member of the
01 minority; 02 (2) two members of the Senate appointed by the President of the Senate; one 03 member shall be a member of the majority and one a member of the minority; and 04 (3) 13 members appointed jointly by the Speaker of the House and the 05 President of the Senate as follows: 06 (A) one member of the Advisory Council on Alcohol and Drug Abuse; 07 (B) one member of the division of alcoholism and drug abuse, 08 Department of Health and Social Services; 09 (C) two members selected by the Alaska Municipal League; 10 (D) one member of the Department of Public Safety; 11 (E) one member of the Alaska Mental Health Trust Authority; 12 (F) one member of the Alaska Federation of Natives; 13 (G) one member of the Department of Corrections; 14 (H) one member of the Alaska Association Chiefs of Police; 15 (I) one member who is a village public safety officer, selected by the 16 Department of Public Safety; 17 (J) two health providers, one representing practicing physicians and one 18 representing community hospital administrators; and 19 (K) one member from the Alaska Native Health Board; and be it 20 FURTHER RESOLVED that the task force shall select a chair and vice-chair from 21 the members of the task force, shall meet as frequently as the task force determines necessary 22 to perform its work, and may meet and vote by teleconference; and be it 23 FURTHER RESOLVED that the conduct of the task force meetings shall be in 24 sessions open to the public where all interested parties may provide information; and be it 25 FURTHER RESOLVED that the task force may hire staff to carry out its duties; and 26 be it 27 FURTHER RESOLVED that the task force shall report its findings and 28 recommendations to the Governor and the Legislature by March 1, 1997; and be it 29 FURTHER RESOLVED that the task force is terminated on March 1, 1997.