04/18/2007 02:00 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB150 | |
| SB8 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 150 | TELECONFERENCED | |
| *+ | SB 8 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
April 18, 2007
2:07 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Joe Thomas, Vice Chair
Senator John Cowdery
Senator Kim Elton
Senator Fred Dyson
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Andrea Doll
COMMITTEE CALENDAR
SENATE BILL NO. 150
"An Act relating to an aggravating factor at sentencing for
crimes committed at certain shelters and facilities."
MOVED SB 150 OUT OF COMMITTEE
SENATE BILL NO. 8
"An Act relating to a mental health patient's right to choose
the gender of hospital staff providing intimate care to the
mental health patient and to the duties of hospital staff in
caring for patients receiving mental health treatment."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 150
SHORT TITLE: CRIMES AT DOMESTIC VIOLENCE SHELTERS
SPONSOR(s): SENATOR(s) DAVIS
03/30/07 (S) READ THE FIRST TIME - REFERRALS
03/30/07 (S) HES, JUD
04/18/07 (S) HES AT 2:00 PM BELTZ 211
BILL: SB 8
SHORT TITLE: MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER
SPONSOR(s): SENATOR(s) DAVIS
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) HES, JUD, FIN
WITNESS REGISTER
Donne Fleagle, intern to Chair Davis
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Presented SB 150
Jerry Luckhaupt, legislative counsel
Legislative Legal and Research Services Division
Legislative Affairs Agency
Juneau, AK
POSITION STATEMENT: Testified on SB 150
Chris Ashenbrenner, Interim Program Administrator
Council on Domestic Violence and Sexual Assault
Juneau, AK
POSITION STATEMENT: In favor of SB 150
Faith Meyers, representing herself
Anchorage, AK
POSITION STATEMENT: In favor of SB 150
Dorrance Collins, representing himself
Anchorage, AK
POSITION STATEMENT: In favor of SB 150
Sarah Lyn Tabachnik, executive director
Aiding Women in Abuse and Rape Emergencies
Juneau, AK
POSITION STATEMENT: In favor of SB 150
Holly Johanknecht, staff attorney
Disability Law Center of Alaska
Anchorage, AK
POSITION STATEMENT: In favor of SB 150
Angela Solerno, advocacy coordinator
Alaska Mental Health Board
Juneau, AK
POSITION STATEMENT: In favor of SB 150
ACTION NARRATIVE
CHAIR BETTYE DAVIS called the Senate Health, Education and
Social Services Standing Committee meeting to order at 2:07:17
PM. Present at the call to order were Senators Cowdery, Elton,
Dyson, Thomas, and Chair Davis.
SB 150-CRIMES AT DOMESTIC VIOLENCE SHELTERS
CHAIR BETTYE DAVIS announced SB 150 to be up for consideration.
DONNE FLEAGLE, intern to Chair Davis, sponsor of SB 150, said
that the bill was a response to an instance of domestic violence
at a Juneau shelter. It will not solve the social ill of
domestic abuse but will bring attention to it. Alaska has one of
the highest rates of domestic abuse in the nation, and the
legislation will give the courts the ability to hand down
additional jail time for those who commit felonies on the
premises of a shelter or facility providing aid to domestic or
sexual assault victims. The language of the bill has been left
intentionally broad to allow for different courts to determine
their own definitions of facilities and services; the bill is
not tied to specific facilities or programs.
2:10:51 PM
SENATOR DYSON said that Juneau police have talked about wanting
a safe haven to place underage prostitutes, like a shelter; he
asked if they would be protected under SB 150.
2:12:36 PM
JERRY LUCKHAUPT, legislative counsel for Legislative Legal and
Research Services Division, asked Senator Dyson to repeat his
question.
SENATOR DYSON said that police would like to see 13 beds in
shelters available for lodging underage prostitutes, and asked
if they would be covered under the bill.
JERRY LUCKHAUPT replied that the girls would be covered under
the bill.
SENATOR COWDERY asked if Anchorage is the city with the most
assault incidences, and asked what security measures are in
place as shelters.
2:14:06 PM
MR. LUCKHAUPT said that shelters are secured with locked doors,
but in many areas of Alaska they're not necessarily safer than a
house. He said that the bill was written to cover large and
small shelters.
2:15:21 PM
SENATOR THOMAS asked if there's a requirement for a restraining
order under the bill.
MR. LUCKHAUPT replied that the bill applies to anyone convicted
of a felony offense, which qualifies as an aggravating factor
allowing the maximum offense penalty.
CHAIR DAVIS pointed out that SB 150 is the companion bill to a
house bill sponsored by Representative Andrea Doll.
2:17:03 PM
LINDA STANFORD, program coordinator for Arctic Women In Crisis
(AWIC) in Barrow, said that she supports the bill; people need
to be held accountable for not respecting safe houses and
shelters. Security should to be a primary goal; people who seek
shelter are often very scared, and shelters provide safety for
them. She related a story about past troubles with her shelter,
and how they had a negative impact on the shelter's inhabitants.
She explained the safety features of her building, and said that
off-site safe-house volunteers are sometimes terrorized.
2:22:40 PM
DON SHIRCEL, Director of Client Development for the Tanana
Chiefs Conference, said that rural women and children don't have
enough access to domestic violence aid; volunteers have little
or no backup in case of an attack. SB 150 is a step in the right
direction to protecting safe homes and shelters.
2:24:32 PM
CHAIR DAVIS said that there has been no opposition to the bill,
and it could possibly be moved out of committee that day.
2:25:11 PM
CHRIS ASHENBRENNER, Interim Program Administrator for the
Council on Domestic Violence and Sexual Assault, said that she
was working at a Juneau shelter when an incident happened, and
described the levels of security at that shelter and how the
incident was traumatizing to everyone involved. There wasn't a
sufficient punishment for the perpetrator; maybe such incidents
wouldn't happen if people were aware of the penalty.
2:27:16 PM
SENATOR COWDERY said that someone had suggested TASERs as a
security measure for shelters, and commented that that could be
a viable option for discouraging incidents.
2:28:34 PM
MS. ASCHENBRENNER said that she will continue to look for ways
to improve security.
SARAH LYN TABACHNIK, Executive Director of Aiding Women in Abuse
and Rape Emergencies (AWARE) Juneau, said that women at shelters
expect a certain level of safety; there's a need for increased
security. She talked about a previous incident in Juneau and how
frightening it was for all at the shelter in question.
2:30:20 PM
CHAIR DAVIS asked Ms. Fleagle for closing remarks.
MS. FLEAGLE said that the Department of Justice doesn't track
aggravated assault crimes committed in shelters, nor any other
entity.
CHAIR DAVIS remarked that it was Ms. Fleagle's first bill before
committee, and congratulated her.
2:31:48 PM
SENATOR COWDERY made a motion to move SB 150 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
SB 8-MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER
2:32:56 PM
CHAIR BETTY DAVIS announced SB 8 to be up for consideration.
TOM OBERMEYER, aide to Chair Davis, sponsor of SB 8, explained
that the bill will give mental health hospital patients the
right to request a nurse of a specific gender. Many such
patients have had traumatic experiences that would be
exacerbated by treatment by a nurse of a specific gender. While
the bill recognizes that such requests can not necessarily
always be fulfilled, the request will go in a patient's file;
this will prevent the information from being ignored or lost and
will provide a record in case of resulting trauma.
He added that there is a basic right of privacy cited in the
Alaska constitution, and the bill is in line with this right.
There is no fiscal ramification to the bill.
2:36:59 PM
SENATOR COWDERY asked for detail on the current practices in
such facilities.
MR. OBERMEYER replied that the main issue of the bill is to
attempt to have staff of both genders available in case the
patient has been victimized by a person of a certain gender and
does not wish to be treated by someone of that gender. Currently
such requests are sometimes ignored; the bill provides for a
record of the patient's request, so if trauma is determined to
have happened later, the matter can be fully investigated.
2:39:34 PM
SENATOR COWDERY remarked that the fiscal note impacts the
Department of Corrections, and asked if the bill would affect
any other departments.
MR. OBERMEYER replied that all fiscal notes are zero, and said
that the bill would be easily implemented with temporary staff.
CHAIR DAVIS said that some health institutions use staff across
different units, and that could serve as an example for how to
implement this bill.
2:41:45 PM
FAITH MEYERS, representing herself, said that she supports the
bill and has had experience as a patient in mental health care
facilities. Unnecessary trauma is a reality in health care
facilities, and gender choice needs to be provided. The
percentage of women in psychiatric facilities with a sexual
abuse past is very high; people can feel re-victimized when
treated intimately by a person of a certain gender. Change needs
to be made in state statutes. She then cited several letters
from people and institutions supporting gender choice in
intimate psychiatric care.
2:46:38 PM
DORRANCE COLLINS, representing himself, said that he supports
the bill; not giving a gender choice in psychiatric care staff
can be traumatizing to the patient. Many other states require
such a choice in their hospitals and psychiatric treatment
facilities. He cited a recent court decision that concerned
patient abuse, and said that gender choice is a right of
patients. Many psychiatric patients have been sexually or
physically abused, and being denied gender choice in intimate
care staff creates trauma all over again. No loopholes should be
added to the bill.
2:49:42 PM
CHAIR DAVIS remarked that a representative from legal services
was available for questions on the bill.
HOLLY JOHANKNECHT, staff attorney with the Disability Law Center
of Alaska, said that the Alaska constitution recognizes the
rights of mental health patients and the bill would codify
existing rights; other states have similar legislation for
protecting patient rights. A large number of psychiatric
patients have a history of physical or sexual abuse, and they
need to be offered a choice of nurse gender to prevent re-
traumatization. The rights offered by SB 8 are already offered
to prisoners.
2:52:50 PM
ANGELA SOLERNO, advocacy coordinator for the Alaska Mental
Health Board, said that there was a letter from the board chair
before the committee and that she agreed with the prior
testimony; the bill will afford a psychiatric patient respect
and dignity at a time of stress and change. It's a reasonable
expectation for a hospital and allows for the impossibility of
fulfilling the request.
CHAIR DAVIS thanked the presenters and said that no action could
be taken on the bill at that time because of the lack of a
quorum; the bill would be scheduled for another hearing shortly.
There being no further business to come before the committee,
she adjourned the meeting at 2:55:52 PM.
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