Legislature(2023 - 2024)

2023-05-08 Senate Journal

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2023-05-08                     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.