Legislature(1993 - 1994)
02/07/1994 03:00 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 349 - CIVIL COMMITMENT OF SEXUAL PREDATORS Number 620 REP. SEAN PARNELL, Prime Sponsor of HB 349, stated that in the late 1980s and early 1990s in Washington state, there were heinous crimes committed by sex offenders who had been released from prison and who could be classified as mentally ill. He said that as a result of those acts came the Washington Sexual Predator Act which allowed for sex offender registration and civil commitment of sexually violent predators. He asserted that statutory confinement is short-term in duration and that the civil commitment procedure is typically longer. REP. PARNELL summarized the commitment procedure. He stated that the general use of the act would apply to prisoners who had been incarcerated for sexual offenses and were about to be released from the Department of Corrections (DOC). The DOC would send a notice to the Attorney General's Office informing them that a potential sexual offender was about to be released. The Attorney General's Office would then determine if the person was a sexual predator, as defined in the Act (someone who is mentally ill and dangerous). Rep. Parnell referred to the last page of the Act for further definition of sexual predator. He continued to say that if the Attorney General's Office determined that they wanted to petition the court and have the individual committed to DHSS's care, they would file a petition, and by proving probable cause, the court would have a trial. If the Attorney General proves beyond a reasonable doubt that the individual is a sexual predator, that person would then be committed to DHSS for treatment and confinement. REP. PARNELL addressed hypothetical questions he thought might arise. He said that currently DHSS was envisioning using contract facilities and the Alaska Psychiatric Institute (API) may be another option. He said the Department of Law estimated that two to three people a year would be prosecuted under the proposed act. REP. PARNELL stated that the cost was indicated in the fiscal notes and was based on ten offenders annually. He also said the constitutionality of the bill contained strict procedural safeguards and it was upheld by Washington Supreme Court with the exception of two provisions. He mentioned that he had just learned of the two provisions and was going to introduce them as amendments to either the HESS Committee or the Judiciary Committee, depending on whether the bill would be passed out of committee. REP. PARNELL said there needed to be a requirement in the bill that would require that the predator "be held by the least restrictive means of confinement." He said the other requirement would be to allow the individual being reviewed for civil commitment to be present at the trial. Number 773 CHAIR BUNDE asked for questions from the committee. Number 774 REP. VEZEY said he "confessed to not thoroughly reading the bill, but when talking about release, are we talking about before unconditional release or are we talking about parole or...?" Number 782 REP. PARNELL said there are two occasions where the proposal could be put into effect. The first being when the individual is about to be released from the correctional facility and transferred to a halfway house or unconditionally released. He stated that the DOC would then notify the Attorney General's Office. Number 794 REP. VEZEY asked how parole fit into the release schedule. Number 795 REP. PARNELL said he was not sure, but one purpose of the bill was incapacitation. He said the other way an offender could be civilly committed was after the prisoner's release it would have to be proven that a recent, overt act had been committed. He stated that this was in regard to multiple sexual offenders. Number 819 REP. VEZEY wondered if by confinement it was meant before unconditional release or after unconditional release. Number 832 REP. PARNELL responded by saying he would get that answer for Rep. Vezey. REP. KOTT said, as he understood the bill to read, it lead him to believe that the offender was beyond correctional custody. Number 846 REP. PARNELL stated that if all of the offender's debt to society had been paid, the Attorney General would then have to prove a recent overt act in order to civilly commit the offender. Number 857 REP. TOOHEY indicated that she wanted to see the bill pass out of committee, and asked if a person who raped once could be a sexual, violent predator. Number 862 REP. PARNELL stated "that the practical effect of how people are prosecuted under this bill is that multiple offenses have been shown before these people have been civilly committed." Number 872 REP. TOOHEY said that the proposal made no definition between a person who rapes once and a multiple offender. Number 875 REP. PARNELL said "the distinction here is mentally ill and dangerous." Constitutionally, the focus will be to prove mental illness and the threat of danger. Number 886 REP. VEZEY asked, if a person has fully served the specified time, how could he/she be civilly committed unless he/she was found to be mentally incapacitated? Number 895 REP. PARNELL said that was discussed in the Washington Supreme Court case. He said the reason for civil commitment was for treatment of mental illness and confinement. He stated that, constitutionally, the state has the power to treat a mentally ill person and to protect the public from violent acts by that person. Number 918 CHAIR BUNDE introduced Jayne Andreen. Number 923 JAYNE ANDREEN, Executive Director, Council on Domestic Violence and Sexual Assault, Department of Public Safety, testified in support of HB 349. She wanted to make the committee aware of the nature of sexual offenders by stating that they are different from other offenders in that they usually show a predisposition to that type of crime, and even with treatment, there was an inordinately high rate of recidivism for sexual offenders. She stated that when mental illness is compounded with the predisposition, the result is the sexual predator that HB 349 is trying to address. Ms. Andreen referred to the brutal rape of a Homer woman by William Lange, a repeat offender from Washington who was supposedly rehabilitated by a church organization and relocated to Homer. She stated that most sexual offenders are good at presenting themselves as reformed. She urged strongly that the state provide the highest level of public safety against sexual offenders and encouraged the committee to support HB 349. Number 977 REP. KOTT stated that the proposed bill would have no affect on the sexual predator already released and on the streets. He asked if it would not be better to have a 50 year mandatory sentence for sexual offenders. Number 991 MS. ANDREEN responded by saying that the bill would specifically address the most violent, mentally ill offenders that the DOC knows will reoffend. Number 999 REP. KOTT felt all sex offenders should be off the streets. Number 004 CHAIR BUNDE introduced Caren Robinson. Number 006 CAREN ROBINSON, Lobbyist, Alaska Network on Domestic Violence and Sexual Assault, testified in support of HB 349. She started her testimony by reiterating the story of Henry Bucholz, a multiple sex offender who is suspected in the death of an Anchorage woman. Also, she referred to Timothy Seton who, two hours after his release, brutally raped a female relative. Ms. Robinson indicated that she wanted to amend part of the proposed legislation. She asked that the Council on Domestic Violence and Sexual Assault also be included on page 3, line 21. The line would read: "In adopting the regulations under this subsection, the department shall consult with the Department of Corrections and the Council on Domestic Violence and Sexual Assault." She stated that the members of the council included representatives from DOC, DHSS and Public Safety. She also passed out copies of a chart that indicated the number of reported rapes committed against women. The chart did not include sex crimes against children or men. She stressed that the bill was designed for the worst violent sex offenders that needed to be confined. Number 110 REP. BRICE stated that the state was not locking the offenders up and throwing away the key, but there was treatment during confinement and a review each year to determine if the offender should reenter society or remain in confinement. Number 138 CHAIR BUNDE stated that the sponsor had indicated that the bill was for treatment as well as for isolation. MS. ROBINSON felt that the amount of money DHSS was requesting for sex offender treatment was perhaps too high. She urged the sponsor and the committee to look at that point. Number 153 REP. TOOHEY said, "As a medical nurse, the treatment of sex offenders is palliative, and, we are deluding ourselves if we think we can change the habits of some of these predators." She said there was no such thing as a "normal" rapist and felt they should all be put away for a long time. Number 167 MS. ROBINSON said that she had spent time with sex offenders who had to speak to the history of their offenses. She found that most of the offenders had been convicted of a much less severe crime as compared to the ones they addressed in their histories. Number 186 REP. OLBERG stated for the record "that the only reason I can support locking them up and throwing away the key is because they're still alive. I would prefer that they not be." Number 190 CHAIR BUNDE pointed out, for the record, that there is treatment and confinement involved in the bill, noting that treatment was not highly successful. CHAIR BUNDE asked James McLain to testify. Number 198 JAMES McLAIN, Member, Board of Parole, testified on behalf of himself in support of HB 349. He felt that the proposal was "incredibly" optimistic in regards to the number of people who would need to be civilly committed each year. He said that there are less than 100 sex offenders in the state that he considered "truly" dangerous sexual predators. TAPE 94-09, SIDE B Number 000 MR. McLAIN stated that the vast number of prisoners are in the system as a result of committing sex crimes and it would cost one-half of the state's entire budget to confine and treat them. He said there are sexual predators who never commit a violent act, citing an incident in Juneau where a person who was hired into a position designed to protect children abused them. He pointed out that pedophiles are exemplary prisoners, stating that they do not create problems, they are mild people generally, and they do what they are told. Nonetheless, when they are released they offend again. He expressed concerns as to how a prisoner would be evaluated and how a violent sexual act would be defined. Number 171 REP. VEZEY reiterated that Mr. McLain felt that the proposed bill needed more work and that a vehicle was needed to restrain certain sex offenders, in addition to existing laws. Number 187 MR. McLAIN agreed. Number 200 REP. VEZEY asked if the confinement outlined in the bill would be effective in preventing continued repeat offenses, citing the term "minimal confinement." Number 203 MR. McLAIN stated that sexual predators need to be incarcerated. Number 253 REP. PARNELL said that with civil commitment there is a duty of treatment and confinement. It was not his intent that these prisoners be put in halfway houses. He felt their criminal histories and their psychological profiles would indicate the type of confinement needed. Number 283 MR. McLAIN remarked that facilities such as Spring Creek and similar facilities for the mentally insane are needed for sexual predators who have been civilly committed. Number 306 REP. TOOHEY asked Rep. Parnell if the sexual predator would be confined in a secure mental facility; e.g., API. Number 320 REP. PARNELL agreed and added that the facilities could not be DOC facilities, they would have to be DHSS facilities. Number 326 REP. KOTT asked how many sexual offenders were behind bars currently. Number 333 MR. McLAIN said he could not answer that question. He stated that at least one-third of the prisoners reviewed have some type of sexual violence in their past. REP. PARNELL said there are 300 to 320 prisoners in the category of sexual assault. Number 364 MR. McLAIN stated that those figures pertained to first degree sexual assault. He said that by the plea process, prisoners are convicted for lesser crimes and the figures did not realistically reflect the true capacity of the offenders for violent sexual crimes. REP. KOTT inquired as to how many of the 320 prisoners in the category of sexual assault could be civilly committed. MR. McLAIN responded that the vague definition of sexual predator would make it difficult to say how many of those prisoners could be civilly committed. Number 435 REP. PARNELL stated that it was at the discretion of the Attorney General's Office as to how many petitions they will file for civil commitment. Number 458 REP. KOTT felt that all offenders have mental "difficulties" and the recidivism rate for sexual offenders was over 85%. He said the proposed bill was a good idea, but he really felt that "50 years or castration" is the best way to go. Number 494 MR. McLAIN asserted that the bill "was better than what we have - which is nothing." Number 524 CHAIR BUNDE thanked Mr. McLain for his testimony and introduced Leonard Abel. Number 527 DR. LEONARD ABEL, Community Mental Health Services Program Administrator, Division of Mental Health and Developmental Disabilities, testified in support of HB 349. As a clinical psychologist, he described what he felt to be the type of person a sexual offender is. He said that a number of predators are not mentally ill by statutory definition, citing that the statute "requires that the person has a condition that has substantial (the following is a direct quote from statute) ..."has substantial adverse effects on an individual's ability to exercise conscious control of the individual's actions, or the ability to perceive reality, or to reason, or to understand." He stated that the people in the group being talked about are fully capable of having conscious control over their behavior. He felt, even if the proposal were amended, those offenders would not likely be committed under that definition of mentally ill. Dr. Abel said that they have a "mental abnormality." He said the abnormality lies in severely impaired social functioning. The offenders have no regard for the feelings and rights of their victims. They have no sustained interpersonal relationships and they act out aggressively and impulsively to achieve immediate gratification of their needs. They experience no remorse. DR. ABEL felt that the proposed legislation was "going in the right direction," but it needed more work in regards to the length of time needed to rehabilitate sex offenders. He expressed concerns from the department over cost. He felt there were varying numbers as to how many offenders fit the definition, citing that a clinician from DOC estimated 40-50 persons per year. He also stated that API would not be a suitable location to fulfill the "least restrictive" requirement because API was going to become a strictly tertiary care treatment facility. He said that the fiscal note was based on "staff secure" residential facilities. He said that type of confinement is not like a halfway house. Number 730 REP. VEZEY asked how many years it takes for rehabilitation. Number 734 DR. ABEL said some gains could be made with a few clients within two or three years. Number 745 REP. VEZEY said that would be about two of every 20 clients that would make headway within approximately two years. Number 747 DR. ABEL stated that the expertise needed is not easy to come across and it would take highly specialized treatment. Number 750 REP. VEZEY inquired about the other 90% of the offenders that do not make any gains within the two year time period. Number 751 DR. ABEL said they would continue to reside there and receive treatment. Number 756 REP. VEZEY inquired if that would be for the rest of their natural life, if need be. Number 758 DR. ABEL indicated that the way the proposal is written, it would be a possibility. Number 763 REP. TOOHEY asked if Harbor View would be suitable for confinement of those civilly committed. She also felt that most of the offenders would be "lifetime commitments." Number 777 DR. ABEL said that if the primary focus was security and protection of the public, Harbor View would be suitable, but it may not be constitutionally suitable under the "least restrictive" guidelines. REP. OLBERG pointed out that "under my system, recidivism is zero." REP. KOTT questioned whether review after one year should be changed to two or three years. Number 814 DR. ABEL said that most of the offenders would not likely make any significant changes in one year. He said that the one year review offered a civil rights guarantee. Number 828 CHAIR BUNDE closed public testimony and asked Rep. Parnell how he wanted to handle his amendments at that point. Number 843 REP. PARNELL addressed an earlier question from Rep. Vezey regarding parole. As he understood HB 349 to read, "the notice is given by the Department of Corrections three months before the anticipated release from total confinement." He felt the notice would be given before the offender is paroled. He continued on to say if the offender had been paroled and the DOC realized, after the fact, that they had released a sexual predator, it would be possible for the Attorney General's Office to prove a recent overt act (after being released) and have the parolee civilly committed. Number 874 REP. VEZEY asked if the initial sentencing process needed to be revisited and perhaps changed. Number 905 REP. PARNELL suggested it was a good addition to amend page 3, line 21, to include the Council on Domestic Violence and Sexual Assault. Number 917 CHAIR BUNDE stated that Rep. Toohey moved to adopt the amendment. Hearing no objection, the amendment was adopted. Number 918 REP. PARNELL mentioned that the other two amendments that dealt with "least restrictive" security means and the exparte proceeding on the "show cause" issue had just recently come to his attention and he felt they were constitutional issues that would be better addressed at the Judiciary Committee level. Number 931 REP. B. DAVIS made a motion to move the bill out of committee with individual recommendations. Number 934 CHAIR BUNDE stated there was an objection and asked for a roll call vote. Rep. Toohey Yea Rep. Bunde Yea Rep. G. Davis Yea Rep. Vezey Nay Rep. Kott Nay Rep. Olberg Yea Rep. B. Davis Yea Rep. Nicholia Yea Rep. Brice Yea CHAIR BUNDE stated that the bill had passed out of committee and on to Judiciary. Seeing no further business before the committee, CHAIR BUNDE ADJOURNED the meeting at 4:22 p.m.#
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