Legislature(2023 - 2024)BUTROVICH 205

02/21/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 53 FIVE-YEAR INVOLUNTARY COMMITMENTS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+= SB 8 REPEAL CERTIFICATE OF NEED PROGRAM TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 45 DIRECT HEALTH AGREEMENT: NOT INSURANCE TELECONFERENCED
Scheduled but Not Heard
        SB  53-COMPETENCY; INVOLUNTARY CIVIL COMMITMENTS                                                                    
                                                                                                                                
4:12:18 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration  of  SENATE  BILL  NO.   53  "An  Act  relating  to                                                               
involuntary civil commitments."                                                                                                 
                                                                                                                                
4:12:49 PM                                                                                                                    
SENATOR  MATT  CLAMAN,  District  H,  Alaska  State  Legislature,                                                               
Juneau, Alaska,  sponsor of SB  53, stated that his  office began                                                               
 working on SB 53 at the request of legislators wanting to                                                                      
 respond to constituent Angela Harris's tragic experience.                                                                      
                                                                                                                                
 SENATOR CLAMAN moved to slide 2 and read:                                                                                      
                                                                                                                                
 [Original punctuation provided.]                                                                                               
                                                                                                                                
      Angela was returning  books to  the Loussac Library  in                                                                   
      Anchorage when  a  man stabbed  her  in the  back.  The                                                                   
      perpetrator had attacked two other women less  than two                                                                   
      months earlier, and was released by the court  after he                                                                   
      was found incompetent to  stand trial. We believe  this                                                                   
      individual  should  not  have  been  released   to  the                                                                   
      community. A  petition  for an  involuntary  commitment                                                                   
      should have been filed  based on his prior attacks  and                                                                   
      his psychiatric  condition that  made him  a danger  to                                                                   
      the community.                                                                                                            
                                                                                                                                
 4:13:43 PM                                                                                                                   
 SENATOR CLAMAN turned to slide 3 and read:                                                                                     
                                                                                                                                
 [Original punctuation provided.]                                                                                               
                                                                                                                                
      In  working  on  this  legislation,  we   reviewed  the                                                                   
      extensive legal  history  of  John  Hinckley.  You  may                                                                   
      remember  that  John  Hinckley  was  arrested  for  his                                                                   
      assassination attempt  on  President Ronald  Reagan  in                                                                   
      1981.   Hinckley    was    charged    with    attempted                                                                   
      assassination of  the President; assault  on a  federal                                                                   
      officer of  the United  States; and  illegal  use of  a                                                                   
      firearm. In  the  trial, the  jury found  Hinckley  not                                                                   
      guilty by  reason of  insanity.  Immediately upon  this                                                                   
      finding by the  jury, Hinckley  was committed to  Saint                                                                   
      Elizabeths Hospital  for  an  indeterminate  period  of                                                                   
      time  an involuntary commitment.                                                                                          
                                                                                                                                
      From  1981  to  2022,   the  restrictions  imposed   on                                                                   
      Hinckley by the court were lessened as  his psychiatric                                                                   
      condition   improved.   During   his   hold,   Hinckley                                                                   
      petitioned the court numerous times for release.                                                                          
                                                                                                                                
 4:14:26 PM                                                                                                                   
 SENATOR CLAMAN continued:                                                                                                      
                                                                                                                                
      For  example, in  1999  Hinckley  filed  a  motion  for                                                                   
      conditional release.  The court  was required  to  make                                                                   
      findings of  fact and  conclusions of  law whether  the                                                                   
     proposed release would benefit  the patient and be safe                                                                    
     for the public. The court  denied the motion because of                                                                    
     Hinckley's   history  of   deception,  the   hospital's                                                                    
     repeated  inability  to  control his  actions,  and  an                                                                    
     incident where Hinckley attempted  to stalk a member of                                                                    
     the  staff. Hinckley's  counsel appealed  the decision,                                                                    
     and  the appellate  court affirmed  the  ruling of  the                                                                    
     lower court.                                                                                                               
                                                                                                                                
     In  2008,  Hinckley  was  approved  by  the  court  for                                                                    
     limited conditional release for  overnight stays at his                                                                    
     mother's   home.  The   plan  included   very  detailed                                                                    
     requirements for  the plan of  his stay, who  was meant                                                                    
     to supervise Hinckley, and how  many times he was meant                                                                    
     to  meet  with  the  local  psychiatrist  during  these                                                                    
     stays.                                                                                                                     
                                                                                                                                
     In 2013, Hinckley was approved  for eight 17-day visits                                                                    
     with  the   purpose  of  these  visits   being  genuine                                                                    
     integration into  the community.  The court  found that                                                                    
     Hinckley's  narcissistic personality  disorder was  not                                                                    
     evidence  of  potential  dangerousness  but  maintained                                                                    
     concerns about  his failure  to integrate  himself into                                                                    
     the community.                                                                                                             
                                                                                                                                
4:15:26 PM                                                                                                                    
SENATOR CLAMAN continued:                                                                                                       
                                                                                                                                
     In  2016,  the  hospital  and  government  agreed  that                                                                    
     Hinckley's  primary  diagnoses  had been  in  full  and                                                                    
     sustained remission  for well  over twenty  years. Most                                                                    
     experts  agreed  that  he   had  received  the  maximum                                                                    
     benefits possible  in an in-patient setting.  The court                                                                    
     approved full-time  convalescent leave  with additional                                                                    
     and modified conditions.                                                                                                   
                                                                                                                                
     Ultimately,   in  2021,   the  court   held  a   status                                                                    
     conference   at  which   government  counsel   and  Mr.                                                                    
     Hinckley's  counsel  discussed  his  mental  stability,                                                                    
     compliance with conditions set by  the court, and their                                                                    
     agreement specific to  Mr. Hinkley's 2022 unconditional                                                                    
     release.                                                                                                                   
                                                                                                                                
     You  may ask    why  talk about  John Hinckley.  Here's                                                                    
     why:                                                                                                                       
                                                                                                                                
      Hinckley was a person  with a mental illness who  spent                                                                   
      many years in involuntary  commitment and who was  only                                                                   
      released when he  no longer presented  a danger to  the                                                                   
      community.                                                                                                                
                                                                                                                                
 4:16:22 PM                                                                                                                   
 SENATOR CLAMAN turned to slide 4 and said:                                                                                     
                                                                                                                                
      Senate Bill 53  deals with Title  12, which is  related                                                                   
      to criminal charges, and Title 47, which is  related to                                                                   
      civil proceedings.                                                                                                        
                                                                                                                                
      The  determination   of   whether  an   individual   is                                                                   
      competent or  incompetent to stand  trial, in  addition                                                                   
      to restoration to competency if deemed incompetent,  is                                                                   
      a process set out in the Code of Criminal  Procedure in                                                                   
      Title 12. The standard for determining an  individual's                                                                   
      competency to stand trial is found both in  statute and                                                                   
      in  a   long  history   of  case   law.  A   simplified                                                                   
      explanation of competency,  an important  consideration                                                                   
      of the  court, is  whether the  individual  understands                                                                   
      the charges against them, can assist their  lawyer, and                                                                   
      is therefore able to plead guilty or not guilty  to the                                                                   
      charges.                                                                                                                  
                                                                                                                                
      Competency is  not a defense  and is  unrelated to  the                                                                   
      mental state  of  the individual  at  the time  of  the                                                                   
      crime. In order to  protect constitutional due  process                                                                   
      rights of  individuals in  our legal  system, a  person                                                                   
      who is incompetent to  stand trial cannot be  convicted                                                                   
      of a crime. This is  because a person has the right  to                                                                   
      understand the crime  with which  they are charged  and                                                                   
      the consequences  of  the  crime they've  been  charged                                                                   
      with.                                                                                                                     
                                                                                                                                
      A separate process is  used for involuntary  commitment                                                                   
      in   Title   47    Welfare,   Social   Services,    and                                                                   
      Institutions. The standard  for involuntary  commitment                                                                   
      is whether an individual,  as a result of their  mental                                                                   
      illness, is a danger to themselves or others.                                                                             
                                                                                                                                
 4:17:57 PM                                                                                                                   
 SENATOR CLAMAN turned to slide 5 and said:                                                                                     
                                                                                                                                
 [Original punctuation provided.]                                                                                               
                                                                                                                                
     Senate Bill  53 creates  a duty  for the  Department of                                                                    
     Law to  file a petition seeking  involuntary commitment                                                                    
     when: a  defendant is found incompetent  to stand trial                                                                    
     at the  expiration of the  final period  for competency                                                                    
     restoration,  the defendant  is charged  with a  felony                                                                    
     offense against  the person, and they  present a danger                                                                    
     to themselves or others.                                                                                                   
                                                                                                                                
     The  legislation does  not specify  which  side of  the                                                                    
     Department of  Law files the petition,  either criminal                                                                    
     or  civil division,  and  this is  meant  to allow  the                                                                    
     Attorney General's  office more  management flexibility                                                                    
     in determining who makes these petitions.                                                                                  
                                                                                                                                
4:19:56 PM                                                                                                                    
SENATOR CLAMAN turned to slide 6 and said:                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     In   our  conversations   with  Angela,   we  grew   to                                                                    
     understand the  direct impact  current statute  has had                                                                    
     on her ability  to find the assurance  she needs moving                                                                    
     forward.  The legislation  before you  creates a  five-                                                                    
     year involuntary  hold option for individuals  who meet                                                                    
     the following qualifications:                                                                                              
                                                                                                                                
       • They have been found incompetent to stand trial                                                                        
          on a felony offense against the person                                                                                
       • They have been previously subject to involuntary                                                                       
          commitment orders for 30, 90, and 180-day holds                                                                       
        • They have a history of felony offenses against                                                                        
          the person                                                                                                            
        • And they present a danger to themselves or others                                                                     
                                                                                                                                
     This  expansion  of   Alaska's  involuntary  commitment                                                                    
     statutes  reflects  the  reality that  there  exists  a                                                                    
     small  number  of  individuals  who,  as  a  result  of                                                                    
     behavioral health issues, present  a danger and are not                                                                    
     suitable for community-based treatment options.                                                                            
                                                                                                                                
4:19:37 PM                                                                                                                    
SENATOR CLAMAN turned to slide 7 and said:                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
      As  a  matter   of  protecting   the  due  process   of                                                                   
      individuals in the state of Alaska's care,  Senate Bill                                                                   
      53 includes language that  the respondent may  petition                                                                   
      for early discharge. The  court must find, in order  to                                                                   
      accept  a  petition  for  early  discharge,   that  the                                                                   
      respondent  is  no  longer  a  risk  to  themselves  or                                                                   
      others.                                                                                                                   
                                                                                                                                
 4:20:08 PM                                                                                                                   
 EMMA POTTER, Staff, Senator Matt Claman, Alaska State                                                                          
 Legislature, Juneau, Alaska, presented the sectional analysis                                                                  
 for SB 53 as follows:                                                                                                          
                                                                                                                                
 [Original punctuation provided.]                                                                                               
                                                                                                                                
      Section 1                                                                                                               
      AS 12.47.110.  Commitment  on finding  of  incompetency                                                                   
      Adds  a   new  subsection  (f)   clarifying  that   the                                                                   
      Department of  Law has a  duty to  file an  involuntary                                                                   
      commitment  petition  when  a  person  has  been  found                                                                   
      incompetent to  stand trial  and  the criminal  charges                                                                   
      are being  dismissed due to  the defendant's  inability                                                                   
      to be restored to competency.                                                                                             
                                                                                                                                
      Section 2                                                                                                               
      AS 47.30.771.  Additional five-year  commitment Adds  a                                                                   
      new section creating  additional five-year  involuntary                                                                   
      commitment. Five-year  commitment petitions  are  filed                                                                   
      at  the   expiration   of   180-day   commitments   for                                                                   
      individuals  who  meet  the  following  criteria:   the                                                                   
      respondent is mentally  ill and as  a result is  likely                                                                   
      to cause harm to self  or others; the respondent has  a                                                                   
      history of  repeated felony offenses  against a  person                                                                   
      under AS  11.41,  or  attempts  of harm  to  self;  the                                                                   
      respondent has  been found incompetent  to stand  trial                                                                   
      under AS 12.47.100 and  12.47.110 for a felony  offense                                                                   
      against a person under AS 11.41; and commitment  of the                                                                   
      respondent for greater  than 180  days but not  greater                                                                   
      than five years is necessary to protect the public.                                                                       
                                                                                                                                
      Clarifies  that  findings  of  fact  relating   to  the                                                                   
      respondent's behavior made at 30-day, 90-day, and  180-                                                                   
      day commitment hearings shall  be admitted as  evidence                                                                   
      and may not  be rebutted  except that newly  discovered                                                                   
      evidence may be used  for the purpose of rebutting  the                                                                   
      findings. Instructs the department to submit an  annual                                                                   
      report  to  the  attorney  general,  public   defender,                                                                   
     public advocate, Alaska Court  System, and the attorney                                                                    
     of  record   of  the  respondent  detailing   how  many                                                                    
     respondents are  committed under  this section  and how                                                                    
     much time remains on each order of commitment.                                                                             
                                                                                                                                
     Section 3                                                                                                                
     AS 47.30.780. Early discharge  Amends subsection (a) to                                                                    
     include  reference   to  new   subsection  (c)   of  AS                                                                    
     47.30.780.                                                                                                                 
                                                                                                                                
     Section 4                                                                                                                
     AS  47.30.780.  Early  discharge Adds  new  subsections                                                                    
     which require  that the  professional person  in charge                                                                    
     may   not   discharge  respondents   from   involuntary                                                                    
     commitment unless the court  enters an order officially                                                                    
     terminating   the   involuntary  commitment   after   a                                                                    
     hearing.  This section  requires  a  court decision  on                                                                    
     discharge of a respondent from involuntary commitment.                                                                     
                                                                                                                                
     Section 5                                                                                                                
     AS  47.30.805. Computation,  extension, and  expiration                                                                    
     of periods of time Amends  section (a) to include five-                                                                    
     year  commitments.  States  that  five-year  commitment                                                                    
     period expires at the end  of five years after the 180-                                                                    
     day period of treatment.                                                                                                   
                                                                                                                                
4:22:57 PM                                                                                                                    
SENATOR GIESSEL asked Senator Claman  why he chose five years for                                                               
the commitment period.                                                                                                          
                                                                                                                                
4:23:05 PM                                                                                                                    
SENATOR  CLAMAN stated  he  sought to  establish  balance by  not                                                               
taking away  too many rights.  For example, a  50-year commitment                                                               
seems  excessive regarding  due process  and what  a court  would                                                               
approve.  Five years  has some  equivalencies  to certain  felony                                                               
sentences. The  five-year hold provides  time for  the offender's                                                               
successful  planning and  community integration.  Having hearings                                                               
every six months puts an undue burden on victims such as Angela.                                                                
                                                                                                                                
4:25:24 PM                                                                                                                    
SENATOR DUNBAR referred to page 2,  lines 12-15, and asked for an                                                               
explanation  of "repeated."  He wondered  whether a  person would                                                               
need  more  than  one  prior   offense  to  receive  a  five-year                                                               
commitment.                                                                                                                     
                                                                                                                                
4:26:37 PM                                                                                                                    
 SENATOR  CLAMAN opined  that  the  court  of  appeals  determined                                                              
 "repeated" to  mean  more than  one.  He  said he  leans  towards                                                              
 removing the  word "repeated"  because one  prior felony  offense                                                              
 should be adequate.  The first  incident is not  enough, but  the                                                              
 second  incident  would   be  enough   to  receive  a   five-year                                                              
 commitment.                                                                                                                    
                                                                                                                                
 4:27:33 PM                                                                                                                   
 SENATOR DUNBAR opined  that a  person would not  receive a  five-                                                              
 year commitment until a  third felony incident occurred based  on                                                              
 how SB 53 was written.                                                                                                         
                                                                                                                                
 4:28:00 PM                                                                                                                   
 SENATOR CLAMAN said  his understanding and  the court of  appeals                                                              
 opinion would be  that a second  incident would  be the basis  to                                                              
 move forward. He thinks "repeated" should be removed from SB 53.                                                               
                                                                                                                                
 4:28:33 PM                                                                                                                   
 SENATOR DUNBAR asked  how other  states have handled  involuntary                                                              
 civil commitment.                                                                                                              
                                                                                                                                
 4:28:53 PM                                                                                                                   
 SENATOR CLAMAN replied that there are two topics  associated with                                                              
 involuntary commitment.  The  first is  how long  an  incompetent                                                              
 person should be held to establish competency. The second  is the                                                              
 length of  time  for a  civil commitment.  SB  53 seeks  to  make                                                              
 Alaska one of the first  states to have a long involuntary  civil                                                              
 commitment based on facts about a person's  unprosecuted criminal                                                              
 conduct.  He  said  he  was  not  familiar  with   other  states'                                                              
 incompetency  hold   laws.   Recently,   Colorado   has   allowed                                                              
 individuals to  be held  to try  and restore  them to  competency                                                              
 using the  length of the  potential criminal  charge. If  someone                                                              
 was facing a 99-year  sentence, they could be held  involuntarily                                                              
 for 99 years to try  and restore their competence. He stated  his                                                              
 belief that  this creates  due process  concerns somewhere  after                                                              
 year one  but  before year  ninety  because  it is  like  putting                                                              
 someone in jail without holding a trial.                                                                                       
                                                                                                                                
 4:30:48 PM                                                                                                                   
 SENATOR KAUFMAN referred  to Page 2,  line 10,  and asked if  the                                                              
 requirements are inclusive.                                                                                                    
                                                                                                                                
 4:31:20 PM                                                                                                                   
 SENATOR CLAMAN said  page 2, line  18 uses  the word "and,  which                                                              
 means requirements 1 - 4 in subsection (b) must all be true.                                                                   
                                                                                                                                
 4:31:40 PM                                                                                                                   
SENATOR TOBIN  asked whether an  incompetent person  stands trial                                                               
for their crime once declared competent.                                                                                        
                                                                                                                                
SENATOR  CLAMAN replied  that there  are three  outcome scenarios                                                               
for an incompetent individual who has committed a crime:                                                                        
                                                                                                                                
   • If, after a period of hold to restore competency, the                                                                      
     person is not restored to competency, that fact is brought                                                                 
     before the court, and the court dismisses the charges based                                                                
     on incompetency.                                                                                                           
                                                                                                                                
   • If a person is deemed competent sometime after the court                                                                   
     has dismissed charges based on incompetency, the charges                                                                   
     against them can be reinstated.                                                                                            
                                                                                                                                
   • If the court dismisses charges based on incompetency and                                                                   
     sometime after that, the person is deemed competent, the                                                                   
     original charges can be reinstated.                                                                                        
                                                                                                                                
   • If the person is deemed competent after a period of hold to                                                                
     restore competency, the charges proceed.                                                                                   
                                                                                                                                
4:33:23 PM                                                                                                                    
CHAIR WILSON asked  Senator Claman whether the  three outcomes of                                                               
a  commitment hold  were included  in SB  53 and  if it  mentions                                                               
there is no statute of limitations for incompetency.                                                                            
                                                                                                                                
4:33:53 PM                                                                                                                    
SENATOR  CLAMAN  replied   that  SB  53  does   not  require  the                                                               
specification  of  the  statute  of  limitations  that  apply  to                                                               
certain crimes.  There is no  statute of limitations  for murder,                                                               
sexual assault, or abuse. He suggested seeking a legal opinion.                                                                 
                                                                                                                                
4:34:37 PM                                                                                                                    
CHAIR WILSON questioned  whether SB 53 needs  to contain language                                                               
stating  a   person  could  face  original   charges  once  found                                                               
competent.                                                                                                                      
                                                                                                                                
4:34:55 PM                                                                                                                    
SENATOR  CLAMAN opined  that it  would not  prevent charges  from                                                               
being filed. He deferred to the general counsel.                                                                                
                                                                                                                                
4:35:29 PM                                                                                                                    
NANCY  MEADE,  General  Counsel,  Office  of  the  Administrative                                                               
Director,   Alaska  Court   System,  Juneau,   Alaska,  said   AS                                                               
12.47.110(b)  clarifies  what  happens  when  somebody  is  found                                                               
incompetent. She summarized AS.47.100(b) as follows:                                                                            
                                                                                                                                
      If the person is what we call not restorable  after two                                                                   
      six-month  periods,  the  charges  shall  be  dismissed                                                                   
      without  prejudice;  without   prejudice  meaning   the                                                                   
      prosecutor is free to refile.  But it also says if  the                                                                   
      defendant remains incompetent for five years, the  same                                                                   
      time period  as  Senator  Claman's bill,  by  the  way,                                                                   
      after the  charges have been  dismissed, the  defendant                                                                   
      may not be charged  again, for that same facts,  except                                                                   
      if  the  original   charge  is  an   A  felony  or   an                                                                   
      unclassified felony.  So, I  think that's  very  clear;                                                                   
      for the  more serious  crimes,  you can  do it  at  any                                                                   
      point, but after five years, the 11.41 crimes  that are                                                                   
      B or  C felonies or  below could  be recharged  because                                                                   
      the case was dismissed without prejudice.                                                                                 
                                                                                                                                
 4:36:41 PM                                                                                                                   
 SENATOR TOBIN said a  patient or individual  under SB 53 who  has                                                              
 committed a  crime must  petition a  competency declaration.  She                                                              
 asked if an individual could game the system by not  applying for                                                              
 a declaration of competency.                                                                                                   
                                                                                                                                
 4:37:24 PM                                                                                                                   
 SENATOR  CLAMAN  said  he   is  concerned  that  a  decision   of                                                              
 incompetency  under   Title  12   is  being   confused  with   an                                                              
 involuntary commitment  decision under Title  47. SB  53 is  more                                                              
 about  involuntary   commitment  than   competency.   Involuntary                                                              
 commitment  results  from  a  person's  mental  health  posing  a                                                              
 defective  danger   to   oneself  or   others.  He   stated   his                                                              
 understanding  that  courts   ultimately  decide  competency.   A                                                              
 medical professional  can opine  that a  person  is competent  to                                                              
 stand trial, but the decision  is not made solely by a  physician                                                              
 or evaluator. SB  53 seeks  to establish that  before a  person's                                                              
 release  from  an  involuntary  commitment  by  a   physician  or                                                              
 evaluator, they  must have  a court  hearing and  receive a  non-                                                              
 dangerous finding before being released.                                                                                       
                                                                                                                                
 SENATOR TOBIN said she wants to ensure that the court  could hold                                                              
 a person accountable following  the five-year jeopardy period  if                                                              
 they are competent.                                                                                                            
                                                                                                                                
 SENATOR CLAMAN responded  that after  being held incompetent  for                                                              
 five years, the court could not charge a person that  didn't have                                                              
 a Class A  or unclassified felony  charge against them.  However,                                                              
 if four years and six  months into an involuntary hold, a  person                                                              
 was found competent, the court could bring charges against them.                                                               
                                                                                                                                
4:39:59 PM                                                                                                                    
CHAIR WILSON asked  how it is justifiable to hold  a person in an                                                               
involuntary hold for  five years if the sentence  they would have                                                               
received for the crime committed was less than five years.                                                                      
                                                                                                                                
4:40:45 PM                                                                                                                    
SENATOR CLAMAN replied that there  is no criminal sanction when a                                                               
person  is  declared  incompetent and  criminal  proceedings  are                                                               
dismissed.   Once   this   happens,  the   individual   is   held                                                               
involuntarily based on their psychiatric  condition if they are a                                                               
danger to  themselves or  others. He stated  there are  people in                                                               
the Alaska Psychiatric Institute who  are on serial 380-day holds                                                               
based on  a finding of  danger to  the community. The  ability to                                                               
hold an individual  is unrelated to the  criminal process because                                                               
incompetency means they do not understand the process.                                                                          
                                                                                                                                
4:41:43 PM                                                                                                                    
CHAIR WILSON turned to invited testimony on SB 53.                                                                              
                                                                                                                                
4:41:55 PM                                                                                                                    
ANGELA  HARRIS, representing  self, Anchorage,  Alaska, gave  her                                                               
invited testimony as follows:                                                                                                   
                                                                                                                                
     I  was stabbed  while returning  borrowed items  at the                                                                    
     Loussac  Library  on  Sunday  afternoon,  February  13,                                                                    
     2022. My family and I've  lived in Alaska since 2005. I                                                                    
     am  a  mother  to  four  children,  all  of  whom  I've                                                                    
     regularly taken  to the library since  they were young.                                                                    
     I  have  two daughters  serving  in  the United  States                                                                    
     Navy;  one promoted  me  to grandma  a  month ago.  And                                                                    
     [I've] a  senior and  junior. I  am serving  on active-                                                                    
     duty  coast guard.  My assailant,  Corey Lee  Ahkivgak,                                                                    
     drove a  dirty Leatherman knife into  my spine, between                                                                    
     L2 and L3, penetrating my spinal cord.                                                                                     
                                                                                                                                
     Mr.  Ahkivgak was  located and  arrested  by APD  later                                                                    
     that afternoon  while I was awaiting  emergency surgery                                                                    
     to remove the knife and  the blood clots that damaged a                                                                    
     nerve bundle  in my spinal  cord. The stabbing  left me                                                                    
     paralyzed  from  the  waist  down  and  with  decreased                                                                    
     sensation  in my  upper extremities.  I  was unable  to                                                                    
     live  in my  home until  we made  modifications at  our                                                                    
     house to become handicap accessible  and safe for me to                                                                    
     navigate. My parents flew in  from the Lower-48 to live                                                                    
     in our  home with  my two  youngest children  for eight                                                                    
     months.                                                                                                                    
                                                                                                                                
      I'm  now  on  a  long  road  to  recovery.  I  attended                                                                   
      physical therapy and occupational  therapy five days  a                                                                   
      week  for  approximately  nine  months,  and  I  see  a                                                                   
      counselor no  less  than  twice  a week  to  help  work                                                                   
      through the PTSD of my assault.                                                                                           
                                                                                                                                
      After the assault, I  was unable to  see or hug any  of                                                                   
      my family  members due  to the  COVID  protocol. I  was                                                                   
      left to deal with  the physical, mental, and  emotional                                                                   
      impact on  my  own.  To have  one  designated  approved                                                                   
      visitor  after   I  was   transferred  to   St.   Elias                                                                   
      Rehabilitation Center,  we  had to  petition  committee                                                                   
      members to  request  access.  After many  declines  and                                                                   
      being subpoenaed by the  Grand Jury, I requested to  be                                                                   
      discharged against the doctor's orders because I  could                                                                   
      no longer navigate the  tragedy on my own.  Eventually,                                                                   
      the  committee  agreed  to  approve  one  visitor.  The                                                                   
      designated member was permitted  to enter and exit  the                                                                   
      building only once a day.                                                                                                 
                                                                                                                                
 4:44:35 PM                                                                                                                   
 MS. HARRIS continued:                                                                                                          
                                                                                                                                
      Take  a  moment  to  imagine  sitting  alone,  left  to                                                                   
      process the absolute worst  event in your life.  Sepsis                                                                   
      [indiscernible], as  the knife  was unclean,  and  your                                                                   
      parents and your children  can only see from a  window.                                                                   
      Worse than  this, imagine that  it's you  on the  other                                                                   
      side of the  window looking at  your loved one  wounded                                                                   
      by a man  who has been  arrested on multiple  occasions                                                                   
      and released back  into our community  because the  law                                                                   
      has no provisions for him.                                                                                                
                                                                                                                                
      Mr. Ahkivgak  has  a history  of assaulting  women.  In                                                                   
      2018 he  violently attacked  his mother  with a  frying                                                                   
      pan. He attacked two other women on December  10, 2021.                                                                   
      He was declared incompetent and not restorable,  and he                                                                   
      was released back to the public on January 6,  2022. On                                                                   
      February 10,  2022, he  was arrested  for  trespassing.                                                                   
      Thirty-eight days after his  release, he stabbed me  on                                                                   
      February 13, 2022. He was declared incompetent,  and he                                                                   
      could be released back  into the public after his  next                                                                   
      competency hearing in a  few months. There's no  longer                                                                   
      a record of  these assaults, and  the courts have  been                                                                   
      very  unclear   on  whether   or   not  they   maintain                                                                   
      information on  those  cases that  are dropped  due  to                                                                   
      incompetence.                                                                                                             
                                                                                                                                
     Furthermore, I  no longer have  the right to  know when                                                                    
     he is released  because I'm told it  violates his HIPAA                                                                    
     rights.  We need  improvements  to  the state's  mental                                                                    
     health    system,   particularly    regarding   violent                                                                    
     offenders,  and  we  need to  close  the  loophole  and                                                                    
     current  laws  that  allow  people  to  commit  violent                                                                    
     crimes only to be released  back into our community. We                                                                    
     need to give victims more peace.                                                                                           
                                                                                                                                
4:46:21 PM                                                                                                                    
MS. HARRIS continued:                                                                                                           
                                                                                                                                
     As I  work towards  healing, it's  difficult for  me to                                                                    
     live  with  the  reality  that my  assailant  could  be                                                                    
     released  after the  next 180-day  hearing. I  attended                                                                    
     several block  hearings, hearings where  numerous cases                                                                    
     are  grouped  and  heard one  after  another  when  the                                                                    
     issues  are very  similar. And  I was  appalled at  how                                                                    
     often  the  defense  was  able  to  get  their  clients                                                                    
     released   from  custody   simply  because   there's  a                                                                    
     waitlist for restitution,  and it was too  long, and it                                                                    
     began to  encroach upon the  defendant's rights.  I'm a                                                                    
     firm  believer that  everything happens  for a  reason,                                                                    
     and I  know that Jesus  would not  have put me  in this                                                                    
     position  if  I couldn't  handle  it.  With that  being                                                                    
     said, I  intend to share  my story while I  continue to                                                                    
     attend physical  and occupational  therapy appointments                                                                    
     to  physically  heal with  the  hopes  of reducing  the                                                                    
     amount of senseless violent assaults.                                                                                      
                                                                                                                                
     Aaron,  who  was the  main  provider  of our  home  was                                                                    
     unable to work as  he had to care for me  to take me to                                                                    
     and  from my  daily outpatient  care appointments.  The                                                                    
     State offers no financial  assistance to supplement his                                                                    
     lost  income,  and  because he  was  not  considered  a                                                                    
     victim, he was not offered  support for the trauma that                                                                    
     he experienced by watching his  partner of 12 years lay                                                                    
     on  the floor  with a  knife  in her  back. There's  no                                                                    
     reimbursement  for items  needed to  assist victims  in                                                                    
     daily living. Victims for Justice  has a $40,000 cap on                                                                    
     services provided. I would have  blown through that the                                                                    
     first hour  after my  attack. If I  were not  on active                                                                    
     duty with the United States  Coast Guard at the time of                                                                    
     my  attack, I  would  have very  limited resources  and                                                                    
     cannot  imagine the  ruins of  other  victims and  what                                                                    
     they've experienced.  As the perpetrator,  Mr. Ahkivgak                                                                    
      has  more  rights,  options,   and  resources  at   his                                                                   
      disposal than I do as his victim.                                                                                         
                                                                                                                                
      My attack is an  example of why  we need to be  tougher                                                                   
      in our laws and  build out mental health facilities  to                                                                   
      get violent offenders  the help that  they need and  to                                                                   
      properly prosecute  them  once  they're  restored.  API                                                                   
      serves our  entire state,  yet they're  operating on  a                                                                   
      very limited capacity  with a maximum  of 80 beds,  and                                                                   
      only 10  of those  are designated  for restoration.  If                                                                   
      the state of Alaska  has a robust Mental Health  Trust,                                                                   
      where are the funds being allocated if not API?                                                                           
                                                                                                                                
 4:48:37 PM                                                                                                                   
 MS. HARRIS continued:                                                                                                          
                                                                                                                                
      We  must  address  the  common  element  of  inadequate                                                                   
      mental health services for violent offenders and  their                                                                   
      victims.  I just  share  with  you  my  experience  and                                                                   
      navigation through this process. I share this  with you                                                                   
      and all  fellow  Alaskans  to emphasize  that  we  must                                                                   
      close the  loopholes that  allow  violent offenders  to                                                                   
      victimize more innocent Alaskans. It's currently up  to                                                                   
      the victims  to  pursue  a civil  commitment  if  their                                                                   
      assailant has  been released due  to incompetence.  Why                                                                   
      hasn't the state taken on this responsibility?                                                                            
                                                                                                                                
      Not every  victim  has  resources to  heal  themselves,                                                                   
      much less  pursue a  civil commitment  request  against                                                                   
      their assailant. I listened  in on the block  hearings,                                                                   
      and I've heard  victims plead with  the courts to  keep                                                                   
      their attacker from being  released, only to hear  that                                                                   
      they  couldn't   hold  them   because  it   exceeds   a                                                                   
      reasonable amount of time for them to get  evaluated or                                                                   
      treated.                                                                                                                  
                                                                                                                                
      The moment an offender  commits a criminal act  against                                                                   
      a fellow citizen,  then their  right of privacy  should                                                                   
      be outweighed by  the victims,  and the public's  right                                                                   
      to know because this is  a public safety issue. SB  53,                                                                   
      presented  here   today  by  Senator   Claman,  is   an                                                                   
      opportunity for you and your elected positions  to make                                                                   
      changes that are beneficial  for all Alaskans,  whether                                                                   
      victim or offender. Senate  Bill 53 is a good  starting                                                                   
      point, but I encourage each of you to learn  more about                                                                   
      the issues and find solutions to prevent  what happened                                                                   
      to me from happening  to others. Without your  support,                                                                   
     my story will become normal  for far too many Alaskans.                                                                    
     My final  question to all  of you  - Is my  sequence of                                                                    
     events going to  be the new normal, or do  you have the                                                                    
     internal  fortitude to  support and  pass this  bill so                                                                    
     there  are  less  Alaskans  presenting  with  the  same                                                                    
     scenario as  I've lived? Thank  you for  your attention                                                                    
     and your time.                                                                                                             
                                                                                                                                
4:50:38 PM                                                                                                                    
SENATOR KAUFMAN thanked Ms. Harris for her testimony.                                                                           
                                                                                                                                
4:51:08 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:52:02 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 53.                                                                                  
                                                                                                                                
4:52:32 PM                                                                                                                    
MARK  REGAN,  Legal  Director,  Disability  Law  Center,  Juneau,                                                               
Alaska,  testified  in opposition  to  SB  53 but  apologized  on                                                               
behalf of the  system for what happened to Ms.  Harris. He stated                                                               
that  if state  officials had  the  capacity in  places like  the                                                               
Alaska  Psychiatric  Institute  and  could  have  filed  a  civil                                                               
commitment  petition   before  the  state  deemed   Mr.  Ahkivgak                                                               
incompetent to  proceed, he would  not have been released  to the                                                               
community, and  the tragedy  would not  have happened.  He stated                                                               
that  the problem  is not  loopholes in  the system;  rather, the                                                               
state has  not set  up the  system to deal  with the  problem. He                                                               
said  a particular  part of  the system's  setup is  the idea  of                                                               
competency  restoration.   API  is   not  the  right   place  for                                                               
competency restoration  because it  participates in  the overload                                                               
at API.                                                                                                                         
                                                                                                                                
There  are 80  beds at  API, and  ten are  devoted to  competency                                                               
restoration. Competency restoration should  not occur in jail and                                                               
cannot happen  at API because  the ten  beds are full.  There are                                                               
long  waitlists  of   people  in  prison  who   have  been  found                                                               
incompetent   without   a   place  to   go   through   competency                                                               
restoration.  A  positive  outcome   of  this  tragedy  would  be                                                               
revising the  competency restoration system allowing  more people                                                               
to receive  treatment. The  solution is  not to  impose mandatory                                                               
civil commitment of  up to five years. Had  the system functioned                                                               
correctly, the solution  would have been for the state  to file a                                                               
petition for civil commitment.                                                                                                  
                                                                                                                                
4:56:23 PM                                                                                                                    
 CHAIR  WILSON  stated  he   has  heard  that  people  are   using                                                              
 incompetency hearings  as an easier  way to  get charges  dropped                                                              
 because of the time constraints  and limits on the Department  of                                                              
 Law. He asked  how many evaluations  are on  the waitlist and  if                                                              
 more people are needed to handle the workload. He asked if  it is                                                              
 possible for  victims  of attackers  in  civil commitment  to  be                                                              
 notified  of   their   attacker's   release,  like   the   Victim                                                              
 Information  and   Notification   Everyday   system   (VINELink).                                                              
 VINELink empowers survivors of convicted criminals. He  stated he                                                              
 does  not  see   it  as  a   HIPPA  violation  because   personal                                                              
 information is not released.                                                                                                   
                                                                                                                                
 4:58:06 PM                                                                                                                   
 SENATOR CLAMAN replied that  he would provide the committee  with                                                              
 the number of  people in restoration holds.  He knows the  number                                                              
 of people in sequential  long-term civil commitments. His  office                                                              
 is looking into options for  notice requirements that do not  run                                                              
 afoul of HIPPA. He stated  his belief that while the state  could                                                              
 not integrate notification of  civil commitment release with  the                                                              
 criminal system,  other options  could be  available since  civil                                                              
 commitment proceedings  are  not confidential.  He asked  if  the                                                              
 committee would  like the  statistics on  the  current number  of                                                              
 civil commitments.                                                                                                             
                                                                                                                                
 4:59:35 PM                                                                                                                   
 CHAIR WILSON  responded yes,  and also  the number  of people  in                                                              
 criminal commitments since the systems would be similar.                                                                       
                                                                                                                                
 4:59:47 PM                                                                                                                   
 SENATOR  CLAMAN  stated  that   the  Department  of  Family   and                                                              
 Community Services  had reported ten  individuals with  long-term                                                              
 civil commitments, and he provided their commitment dates.                                                                     
                                                                                                                                
 5:01:09 PM                                                                                                                   
 CHAIR  WILSON  closed  public   testimony  and  held  SB  53   in                                                              
 committee.                                                                                                                     
                                                                                                                                

Document Name Date/Time Subjects
SB 8 Singer-Written Testimony Alaska Sen. Health and Social Services Committee.docx SHSS 2/21/2023 3:30:00 PM
SB 8
SB 8 ADN Op-Ed_What's really crowding Alaska's hospitals_2.2.23.pdf SHSS 2/21/2023 3:30:00 PM
SB 8
SB 8 Providence Opposes SB 8 Repeal of CON.pdf SHSS 2/21/2023 3:30:00 PM
SB 8
SB 53 v A..PDF SHSS 2/21/2023 3:30:00 PM
SB 53 SHSS Presentation v. B.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 Sponsor Statement.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 Sectional Analysis version B.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 FN Dept Law.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 FN DFCS API.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 FN DOA OPA.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 FN DOA Public Defender.pdf SHSS 2/21/2023 3:30:00 PM
SB 53
SB 53 Research - KTUU Article 2.15.2022.pdf SFIN 5/3/2023 9:00:00 AM
SHSS 2/21/2023 3:30:00 PM
SJUD 3/10/2023 1:30:00 PM
SJUD 3/29/2023 1:30:00 PM
SB 53
SB 53 v B.PDF SHSS 2/21/2023 3:30:00 PM
SB 53
SB 45 Amdmt S.1.pdf SHSS 2/21/2023 3:30:00 PM
SB 45
SB 45 Amdmt S.2.pdf SHSS 2/21/2023 3:30:00 PM
SB 45
SB 45 Amdmt S.3.pdf SHSS 2/21/2023 3:30:00 PM
SB 45
SB 45 Amdmt S.4.pdf SHSS 2/21/2023 3:30:00 PM
SB 45
SB 45 Amdmt S.6.pdf SHSS 2/21/2023 3:30:00 PM
SB 45
SB 8 - FHP opposition letter to S-HSS.pdf SHSS 2/21/2023 3:30:00 PM
SB 8
SB 8 - Dr Mitchell's Peer Reviewed CON data.pdf SHSS 2/21/2023 3:30:00 PM
SB 8
SB 8 - KMC Opposes SB8 - 2.20.23.pdf SHSS 2/21/2023 3:30:00 PM
SB 8
SB 8 Support Hanson 2.21.23_Redacted.pdf SHSS 2/21/2023 3:30:00 PM
SB 8
SB 8 - NCSL - Rural Hospital Closures CON and Ambulatory Surgical Centers.pdf SHSS 2/21/2023 3:30:00 PM
SB 8