Legislature(1999 - 2000)
01/25/1999 01:35 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 2-CIVIL COMMITMENT OF SEXUAL PREDATORS
MS. JULI LUCKY, staff to SENATOR HALFORD, presented SB 2 as a
mechanism to protect society from serial rapists, pedophiles and
other sexual predators who are highly likely to re-offend.
MS. LUCKY said similar legislation has been enacted in 14 states
and has been upheld by the U.S. Supreme Court.
Number 576
SENATOR ELLIS reported that he was contacted with an amendment
which clarifies that civilly committed sexual predators would not
be housed in expensive psychiatric facilities.
TAPE 99-03, SIDE B
Number 001
MR. CARL BRIMNER, Director of the Division of Mental Health and
Developmental Disabilities, remarked the department prefers the
bill with the amendment recommended by SENATOR ELLIS. MR. BRIMNER
expressed concerns about the bill. First, the department is worried
that the bill may go forward with no fiscal note. MR. BRIMNER
stated this is an expensive proposition.
SENATOR HALFORD asked where people who have been deemed guilty but
mentally ill are currently housed. MR. BRIMNER replied they are
housed at the Anchorage Psychiatric Institute (API). SENATOR
HALFORD asked how long an individual might be held at API. MR.
BRIMNER said they may be housed there for as long as they are
incompetent to stand trial.
Number 565
SENATOR HALFORD remarked that sexual predators may be better off
housed at a facility other than API since in some cases resources
are wasted on people who are unlikely to be helped.
MR. BRIMNER mentioned that there is a difference between the
population they are discussing in this bill and the population at
API. The difference is those who are at API now are biochemically
mentally ill and may be responsive to some type of treatment;
"sexual predators" are not mentally ill, but have a personality
disorder and do not respond to treatment or medication.
SENATOR DONLEY asked if people who have committed crimes are mixed
into the general population at API and MR. BRIMNER replied they are
in a separate forensic unit.
SENATOR TORGERSON inquired if four weeks is long enough for
evaluation at API. MR. BRIMNER indicated four weeks would likely be
adequate time unless some treatment was involved.
SENATOR TORGERSON asked if this might be contracted out. MR.
BRIMNER said it would go out to bid, but to his knowledge, there is
no appropriate facility in Alaska at this time. A facility would
require both secure housing and a treatment program. SENATOR
TORGERSON asked if yearly reevaluations of those committed would
really be necessary. MR. BRIMNER responded that reevaluation could
be done at longer intervals or could be contingent on progress.
Number 505
SENATOR ELLIS asked the difference between this amendment and the
language in the bill last year. MR. JERRY LUCKHAUPT, staff attorney
from Legislative Legal Services, came forward to answer that
question.
MR. LUCKHAUPT explained that the old language did not allow these
people to be housed in a state run facility and the new language
does allow it in case the state may want to operate this type of
facility in the future.
Number 474
MR. LUCKHAUPT stated under the bill, civilly committed people have
to be under the care of the Department of Health and Social
Services, not necessarily in a mental health facility, but separate
from other people who are committed for other reasons.
SENATOR DONLEY asked if it was possible to broaden this category so
other classes of perpetrators could be housed with them. MR.
LUCKHAUPT said the intent of the amendment requires housing them
apart from any other person under the jurisdiction of the
Department of Health and Social Services. MR. LUCKHAUPT also
explained that to keep the bill constitutional, these people may
not be housed in a correctional facility. SENATOR DONLEY remarked
this is a very narrow restriction that may be difficult to
administer. He did not want to preclude the combination of these
people with other "mutually dangerous criminals."
Number 415
CHAIRMAN TAYLOR considered the possibility of building a facility
adjacent to a correctional facility. CHAIRMAN TAYLOR thought this
might allow some way to deal with these people without jeopardizing
mental health programs or prison administration.
SENATOR DONLEY commented that he would like the bill to allow for
more flexibility. SENATOR HALFORD stressed that the key is this
commitment is for treatment, not punishment.
Number 383
SENATOR ELLIS moved Amendment #1. SENATOR ELLIS described there may
not be any other class of people who could be lumped together with
these people and still have the bill remain constitutional. SENATOR
DONLEY suggested they should leave it up to the mental health
experts to determine if such a population exists.
MS. CARPENETI stated the amendment came from the mental health
experts.
CHAIRMAN TAYLOR observed that we may end up building a facility for
two or three people.
MR. BRIMNER repeated that this population of sexual predators with
deviant personalities are dissimilar from other mentally ill
populations.
MS. CARPENETI emphasized that the bill specifically allows for a
separate facility on the grounds of a correctional facility so long
as it is separate and under the administration of the Department of
Social Services.
MS. JEAN STEELE, testifying from Homer, agreed with the amendment
but insisted the bill should be clarified in regard to the
definitions of mental illness versus insanity. MS. STEELE stated
personality disorders and antisocial behavior are not mental
illnesses. MS. STEELE said and her primary concern is that
offenders should be sentenced to and serve longer terms.
SENATOR HALFORD stressed that the legal definition of mental
illness is very different and much more expansive than the clinical
definition. The bill uses the legal definition.
Number 274
MR. LUCKHAUPT remarked the bill uses the definition of mental
illness used in A.S.12.47.090: "any medical condition that
increases the propensity of the defendant to be dangerous to the
public peace or safety." This definition is used in cases in which
a defendant who is found guilty is required to show he or she is
not a danger to society. This is similar to the process in which a
person might be civilly committed under this bill. MR. LUCKHAUPT
said this definition is different from "mental disease or defect"
which is the standard used for other involuntary civil commitments.
Number 230
MS. PATRICIA KOURIS, representing the National Alliance for the
Mentally Ill (NAMI) Alaska chapter, repeated the importance of
housing these sexual predators separately from potentially
vulnerable mentally ill patients like those at API.
MR. BYRON CHARLES, from Ketchikan, testified to his support of the
bill. As a victim of sexual abuse and an ex-offender, MR. CHARLES
expressed concern with the evaluation process of prisoners now
incarcerated. MR. CHARLES suggested better evaluation and treatment
of prisoners might lower the recidivism rates of sex offenders. MR.
CHARLES voiced the opinion that stricter sentences should also be
considered for offenders and repeat offenders, as any time they
receive is no match for the suffering of their victims.
Number 140
SENATOR ELLIS moved a technical amendment to Amendment #1: on page
5, line 18 delete the words "mental health" and insert the word
"treatment" and insert the word "treatment" on page 5, line 11.
Without objection, the amendment to the amendment was adopted.
CHAIRMAN TAYLOR stated the main amendment was now before the
committee. Without objection, Amendment #1 (as amended) was
adopted.
CHAIRMAN TAYLOR noted there was additional public testimony and
stated this would be taken up Wednesday @ 1:30.
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