03/11/2020 01:00 PM House JUDICIARY

        HB 290-ALTERNATIVE TO ARREST: MENTAL HEALTH CTR.                                                                    
                                                                                                                                
1:23:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE  BILL  NO. 290,  "An  Act  establishing an  alternative  to                                                               
arrest  procedure  for  persons   in  acute  episodes  of  mental                                                               
illness;  relating  to  emergency  detention  for  mental  health                                                               
evaluation;  and relating  to licensure  of crisis  stabilization                                                               
centers."                                                                                                                       
                                                                                                                                
1:24:02 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  passed the gavel  to Representative Stutes  for the                                                               
duration of the bill presentation.                                                                                              
                                                                                                                                
1:24:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES   remarked  that  there  was   a  proposed                                                               
committee substitute  (CS) for HB  290, which would  be presented                                                               
by  the  bills  sponsor,  Chair  Claman,  and his  staff,  Sophie                                                               
Jonas.                                                                                                                          
                                                                                                                                
1:24:35 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN,  as prime sponsor  of HB 290, introduced  his staff                                                               
as the  person who would  walk the committee through  changes for                                                               
consideration under a proposed committee substitute.                                                                            
                                                                                                                                
1:24:46 PM                                                                                                                    
                                                                                                                                
SOPHIE  JONAS, Staff,  Representative Matt  Claman, Alaska  State                                                               
Legislature, on  behalf of Representative Claman,  prime sponsor,                                                               
explained  changes  that  would  be  made to  HB  290  under  the                                                               
proposed  committee  substitute  (CS)  for HB  290,  Version  31-                                                               
LS1513\K, Marx, 3/10/20 ("Version K").   She stated that the bill                                                               
title  would  be  amended  to  insert   acute  behavioral  health                                                               
crisis  in place  of  acute episode of mental  illness,  in order                                                               
to  reflect a  more accurate  definition of  the population  that                                                               
crisis stabilization centers seek to serve.                                                                                     
                                                                                                                                
MS. JONAS said  that Section 1, subsection (a),  would be amended                                                               
to use the term  acute  behavioral health crisis,  and subsection                                                               
(b)  would  be  amended  to  read   emergency  custody  under  AS                                                               
47.30.705  and  deliver  the person  to  a  crisis  stabilization                                                               
center  because the amended language  more narrowly describes the                                                               
alternative  in   this  subsection.    She   stated  that  former                                                               
subsection  (c) would  be removed  because the  language in  that                                                               
section  is  redundant  to  the  language in  Section  4  of  the                                                               
proposed legislation.   She stated that  subsection (d), formerly                                                               
subsection (e), would be amended to  add subsection (a) or (b) of                                                               
this section  for clarity.   She  explained that  subsection (g),                                                               
formerly  subsection  (h), would  be  modified  for clarity,  and                                                               
subsection (h)  would be  a new  subsection, which  would confirm                                                               
that prosecutors  can charge a  person with an  underlying crime,                                                               
even if a police officer  takes him/her to a crisis stabilization                                                               
center.                                                                                                                         
                                                                                                                                
MS. JONAS  stated that  currently a  prosecutor must  authorize a                                                               
decision  not to  arrest under  Title 18,  and Section  2 of  the                                                               
proposed   CS   would   be   amended   to   require   prosecution                                                               
authorization of a decision to divert to crisis intervention.                                                                   
                                                                                                                                
MS. JONAS  said that  Section 3  would be  amended to  remove the                                                               
word   other  before   evaluation center   and before   treatment                                                               
center.   Additionally, the CS  would identify the three types of                                                               
facilities.                                                                                                                     
                                                                                                                                
MS. JONAS stated  that former Section 6 would  be deleted because                                                               
it  is not  required, and  the  definition would  be provided  in                                                               
regulations.                                                                                                                    
                                                                                                                                
MS. Jonas stated that Section  6, formerly Section 7, would amend                                                               
AS  47.32.900, Section  22, to  expand the  definition of  crisis                                                               
stabilization  centers to  include  23-hour crisis  stabilization                                                               
centers, crisis residential centers, and subacute facilities.                                                                   
                                                                                                                                
MS.  JONAS stated  that  Section 7,  [paragraph]  (22), would  be                                                               
amended to  allow the  Department of  Health and  Social Services                                                               
(DHSS)   flexibility  in   the  timeline   of  licensing   crisis                                                               
stabilization  centers,   should  the  need  arise   before  full                                                               
licensure under this Act is available.   She added that Section 7                                                               
refers to the uncodified law of the State of Alaska.                                                                            
                                                                                                                                
1:28:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND asked  for a written copy  of the changes                                                               
Version  K would  make  to HB  290.   She  expressed  that it  is                                                               
difficult to follow along flipping back and forth.                                                                              
                                                                                                                                
1:28:20 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  replied  that  his  staff  would  get  it  to  the                                                               
committee after the meeting.                                                                                                    
                                                                                                                                
1:28:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  asked how an arresting  officer determines                                                               
whether he/she  is addressing an  emotional or  behavioral health                                                               
crisis.                                                                                                                         
                                                                                                                                
CHAIR CLAMAN  replied that, under  existing law,  police officers                                                               
have the authority to take  an individual who is greatly disabled                                                               
to   an  involuntary   commitment;  therefore,   police  officers                                                               
currently have training in terms  of dealing with people who have                                                               
psychiatric issues.   He  said that what  he learned  from  ride-                                                               
alongs   was that  more  of these  types of  people  make up  the                                                               
population  police officers  deal with  on a  regular basis.   He                                                               
added that  the officers have  training and experience,  in terms                                                               
of assessing  whether an individual  might be  more appropriately                                                               
dealt  with in  a  crisis stabilization  environment rather  than                                                               
jail.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  STUTES recollected  that a  bill had  been passed                                                               
[House  Bill 16,  passed  in 2017,  during  the Thirtieth  Alaska                                                               
State Legislature], which provided  for disabled people, mentally                                                               
disabled  or   otherwise,  to  have   a  stamp  on   their  state                                                               
identifications  or drivers   licenses indicating  that they  are                                                               
disabled;  therefore,  a police  officer  would  be able  to  see                                                               
whether an  individual has a  history of disability  when looking                                                               
at identification.                                                                                                              
                                                                                                                                
CHAIR CLAMAN remarked  that he thinks that bill  made it optional                                                               
to  receive a  stamp identifying  a disability  so that  families                                                               
could have the option, but it would not be mandatory.                                                                           
                                                                                                                                
1:30:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES passed the gavel back to Chair Claman.                                                                    
                                                                                                                                
1:30:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES  moved  to adopt  the  proposed  committee                                                               
substitute (CS)  for HB 290, Version  31-LS1513\K, Marx, 3/10/20,                                                               
as a work draft.  There  being no objection, Version K was before                                                               
the committee.                                                                                                                  
                                                                                                                                
1:31:55 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN re-opened public testimony on HB 290.                                                                              
                                                                                                                                
1:32:14 PM                                                                                                                    
                                                                                                                                
JOANNA  CAHOON,  Attorney,  Disability   Law  Center  of  Alaska,                                                               
offered testimony in  support of HB 290.  She  expressed that the                                                               
Disability Law  Center (DLC) appreciates  the introduction  of HB
, and she indicated enthusiasm for  the Crisis Now Model.  She                                                               
stated  that HB  290  would  provide for  a  much needed  23-hour                                                               
stabilization  center to  keep people  with acute  mental illness                                                               
out of correctional facilities.  She  expressed that it is a good                                                               
idea to  have an alternative to  not make an arrest  in the first                                                               
place.   She  commented that  individuals in  Alaska with  mental                                                               
illness end up in correctional  facilities, even though they have                                                               
not  been engaged  in criminal  activities pursuant  to emergency                                                               
detention by  a police officer.   She said that when  there is no                                                               
available facility, such as when there  is a wait list for Alaska                                                               
Psychiatric  Institute (API)  admission, officers  may feel  like                                                               
there  is  nowhere to  take  someone  other than  a  correctional                                                               
facility, and  HB 290  would provide  an important  option, which                                                               
she said she thinks is a  good thing; however, she expressed that                                                               
if  someone were  not  stabilized within  23  hours, there  would                                                               
still be  the issue of  insufficient capacity to  provide 72-hour                                                               
evaluations under Alaska statutes.                                                                                              
                                                                                                                                
MS.  CAHOON  explained  that  this  could  still  allow  for  the                                                               
situation where  individuals, who  have not  been charged  with a                                                               
crime,  stack  up  in inappropriate  facilities  waiting  for  an                                                               
evaluation.   She said  that the Crisis  Now Report  recommends a                                                               
23-hour recliner  center and a short-term  inpatient facility for                                                               
individuals that  are not stabilized  within 23 hours.   She said                                                               
that  DLC thinks  that in  the future  it will  be imperative  to                                                               
increase  the  capacity  to perform  evaluations  by  considering                                                               
mechanisms  for  licensing  a   two-  to  five-day  facility,  as                                                               
outlined in the Crisis Now  Report, and designating that facility                                                               
to  provide 72-hour  evaluations.   She  summarized  that HB  290                                                               
would  be  a  step  in  the  right  direction,  embrace  the  new                                                               
promising   Crisis   Now   Model,   and   move   Alaska   towards                                                               
decriminalizing mental illness.                                                                                                 
                                                                                                                                
1:34:43 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN noted for context that  Ms. Cahoon, with DLC, is the                                                               
lead counsel  on the  lawsuit that has  been brought  against the                                                               
State  of Alaska,  regarding staffing  at  API and  the issue  of                                                               
people being taken to prison rather than API.                                                                                   
                                                                                                                                
1:35:46 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that there was no  one else who                                                               
wished to testify, closed public testimony on HB 290.                                                                           
                                                                                                                                
1:35:57 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  announced that  HB  290  would  be held  over  for                                                               
further review.