Legislature(2023 - 2024)
2023-05-08 Senate Journal
Full Journal pdf2023-05-08 Senate Journal Page 0997 SB 53 SENATE BILL NO. 53 "An Act relating to involuntary civil commitments" was read the second time. Senator Olson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered today. Without objection, CS FOR SENATE BILL NO. 53(FIN) "An Act relating to competency to stand trial; relating to involuntary civil commitments; and relating to victims' rights during certain civil commitment proceedings" was adopted. [Amendment No. 1 was not offered.] Senator Claman offered Amendment No. 2 : Page 4, following line 7: Insert a new bill section to read: "* Sec. 5. AS 47.30.705 is amended by adding new subsections to read: (e) The department shall promptly transport a person who is detained at a medical or other facility, including a correctional facility under (a) of this section or AS 47.30.706, 2023-05-08 Senate Journal Page 0998 to a crisis residential center or evaluation facility for an evaluation under AS 47.30.715. The person may not be detained for more than 10 days while awaiting transportation to a crisis residential center or evaluation facility unless a court extends the detention under (f) of this section. (f) The department or a facility detaining a person under (a) or (e) of this section may file a request to extend the detention based on the person continuing to meet the standards for commitment under AS 47.30.700 and the need for a continued hold. The request must be supported by the verified or certified statement of a mental health professional and be served on the respondent, the respondent's attorney, and the division of the Department of Law that has responsibility for civil cases. When the court decides a request to extend the detention pending transportation, the court shall consider the following factors: (1) the length of time the person has been detained; (2) the reason the person has not yet been transported; (3) the person's current medical and psychiatric condition; (4) whether the person is gravely disabled or is likely to cause serious harm to self or others; and (5) whether the person is receiving treatment at their current placement. (g) If requested by the respondent, the court shall schedule a hearing to decide a request to extend detention under (f) of this section. The hearing shall be held not later than 72 hours after expiration of the 10-day detention period. If a hearing is held after expiration of the 10-day detention period, the detention shall be extended until the hearing. (h) Regardless of whether a request to extend the respondent's detention has been filed, if at any time in the course of the detention a mental health professional at the detaining facility determines that the person does not meet the standards for commitment under AS 47.30.700, the respondent shall be released and the facility shall notify the petitioner, the respondent's attorney, the division of the Department of Law that has responsibility for civil cases, and 2023-05-08 Senate Journal Page 0999 the court." Renumber the following bill sections accordingly. Senator Claman moved for the adoption of Amendment No. 2. Senator Wilson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 53(FIN) Second Reading Amendment No. 2? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Merrick, Olson, Stedman, Stevens, Wielechowski Nays: Hughes, Kawasaki, Kiehl, Myers, Shower, Tobin, Wilson and so, Amendment No. 2 was adopted. Senator Giessel moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Shower objected. The question being: "Shall CS FOR SENATE BILL NO. 53(FIN) am "An Act relating to competency to stand trial; relating to involuntary civil commitments; and relating to victims' rights during certain civil commitment proceedings" advance to third reading?" The roll was taken with the following result: CSSB 53(FIN) am Advance from Second to Third Reading? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 2023-05-08 Senate Journal Page 1000 Yeas: Bishop, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski Nays: Bjorkman, Hughes, Myers, Shower, Wilson and so, CS FOR SENATE BILL NO. 53(FIN) am advanced to third reading. CS FOR SENATE BILL NO. 53(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 53(FIN) am "An Act relating to competency to stand trial; relating to involuntary civil commitments; and relating to victims' rights during certain civil commitment proceedings" pass the Senate?" The roll was taken with the following result: CSSB 53(FIN) am Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Merrick, Olson, Stedman, Stevens, Wielechowski, Wilson Nays: Hughes, Kawasaki, Kiehl, Myers, Shower, Tobin and so, CS FOR SENATE BILL NO. 53(FIN) am passed the Senate and was referred to the Secretary for engrossment.