Legislature(1999 - 2000)
01/27/1999 01:40 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
January 27, 1999
1:40 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator Dave Donley
MEMBERS ABSENT
Senator John Torgerson
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 2
"An Act providing for civil commitment of sexually violent
predators."
-MOVED CSSB 2(JUD) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 2 - See Judiciary committee minutes dated 1-25-99.
WITNESS REGISTER
Ms. Anne Carpeneti
Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99801-0300
POSITION STATEMENT: Commented on SB 2
Mr. Walter Majoros
Executive Director
Alaska Mental Health Board
431 N. Franklin St. suite 101
Juneau, AK 99801-1121
POSITION STATEMENT: Commented on SB 2
Ms. Jeanette Grasto
National Alliance for the Mentally Ill
1369 Ballaine Road
Fairbanks, AK 99709
POSITION STATEMENT: Commented on SB 2
Ms. Kris Jenkins
PO Box 55268
North Pole, AK 99705
POSITION STATEMENT: Commented on SB 2
Mr. Blair McCune
Deputy Director
Alaska Public Defender Agency
900 West 5th suite 200
Anchorage, AK 99501
POSITION STATEMENT: Commented on SB 2
Ms. Katsumi Kenaston
1281 8th #A303
Anchorage, AK 99501
POSITION STATEMENT: Commented on SB 2
ACTION NARRATIVE
TAPE 99-04, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:40 p.m. and announced the resumption of the public
hearing on Senate bill 2.
SB 2 - CIVIL COMMITMENT OF SEXUAL PREDATORS
Number 010
SENATOR HALFORD moved the adoption of CSSB 2(JUD) and said this
version of the bill incorporates prior amendments and makes one new
technical change: on page 5, line 22, insert "state operated" and
delete "mental health." Without objection, the committee substitute
was adopted.
Number 045
MS. ANNE CARPENETI, representing the Department of Law, presented
background information on SB 2 and stressed that the bill is
careful to craft a precise procedure in order to capture this
specific, small population. MS. CARPENETI said SB 2 requires that
the state prove beyond a reasonable doubt that a sexual predator
is substantially likely to re-offend, and the jury decision must be
unanimous. MS. CARPENETI explained this is the same standard used
to release a person previously found not guilty by reason of
insanity after the determination that they are no longer a danger
to society.
MS. CARPENETI said the process within SB 2 also requires screening
of each case by the Department of Health and Social Services and a
decision by the Department of Law that a credible case can be made
for civil commitment.
MS. CARPENETI remarked these procedures will be very expensive and
will require treatment for those committed, not simply
incarceration.
CHAIRMAN TAYLOR asked if treatment is likely to be contracted out
to another state that already has the facilities. MS. CARPENETI
replied that is certainly an option.
Number 112
MR. WALTER MAJOROS, Executive Director of the Alaska Mental Health
Board related the board's concerns to the committee. MR. MAJOROS
noted that he is a prior director of an agency that provides
services to sex offenders as well as an agency that oversees sex
offender treatment programs for the Department of Corrections.
MR. MAJOROS expressed the primary concern of the board regarding
this bill is the potentially severe impact it might have on people
with true mental illnesses. MR. MAJOROS stated that public safety
concerns such as this are more appropriately addressed within the
criminal justice system.
MR. MAJOROS emphasized that sexual predators are not mentally ill;
they have behavioral and personality disorders which are much
different from organic mental illness.
MR. MAJOROS noted that the Alaska Psychiatric Institute is
downsizing and he said it is critical to have separate funding
streams for this bill so that true mental health dollars are not
diverted to the treatment of sexual predators. MR. MAJOROS would
like language inserted into the bill that requires separate funding
for sexual predators and prohibits the use of mental health funding
for them.
Number 180
SENATOR HALFORD did not disagree with MR. MAJOROS'S comments but
pointed out that even the Supreme Court has ruled "legal
definitions . . . need not mirror those advanced by the medical
profession." SENATOR HALFORD said this legislation does not attempt
nor intend to muddy the distinction between sexual predators and
the mentally ill. MR. MAJOROS replied that if the bill provides for
separate facilities and separate funding streams for sexual
predators the board will be satisfied.
SENATOR HALFORD commented he would never expect that the Mental
Health Trust Authority would want to put funds into this category.
MR. MAJOROS thanked SENATOR HALFORD for that but added his concern
also covers general fund mental health funds. SENATOR HALFORD
replied that general fund mental health funds are just general
funds.
Number 215
MS. JEANETTE GRASTO, President of the National Alliance for the
Mentally Ill (NAMI) Alaska chapter, reiterated MR. MAJOROS'S
concerns and stressed the funds available to mental health programs
are already inadequate. MS. GRASTO also objected to the definition
of mental illness used in the bill and said it creates a stigma
about people living with mental illness.
CHAIRMAN TAYLOR noted MS. GRASTO'S written testimony had been
received by fax and distributed to the committee. MS. GRASTO said
six people had been in Fairbanks wishing to testify at the last
hearing held on this bill but only two had returned today. CHAIRMAN
TAYLOR assured her the committee had received written testimony
from several other people and it had been distributed to committee
members. CHAIRMAN TAYLOR thanked these people for their testimony.
Number 285
MS. KRIS JENKINS, from North Pole, testified via teleconference.
MS. JENKINS repeated the concerns expressed about inadequate
resources and the definition of mental illness used in the bill.
MS. JENKINS argued that mentally ill people are not sexual
predators and sexual predators are not mentally ill. MS. JENKINS
also said the trial of a sexual predator should not be a
revictimization of the victim.
MR. BLAIR MCCUNE, Deputy Director of the Alaska Public Defender
Agency, opposed the bill primarily because the bill represents a
big change in criminal justice in Alaska. If the bill passed,
people would be locked up based on a prediction of what they might
do in the future. MR. MCCUNE said the bill walks a constitutional
tightrope and he suggested sexual predators would be best handled
with severe, lengthy sentences handed down by the court.
Number 350
MR. MCCUNE said the term sexual predator brings to mind serial
rapists and pedophiles but, as defined, might apply to others who
commit lesser offenses. MR. MCCUNE urged the committee to look at
a narrower definition of mental illness that also might not offend
the mental health community. MR. MCCUNE suggested the terms "mental
abnormality" or "sexually disordered person" might be useful.
MR. MCCUNE said as a result of the Brandon case placing these
people in treatment centers outside the state may be difficult. MR.
MCCUNE concluded that the issue is complex and will require
complicated, expensive legal proceedings.
Number 393
MS. KATSUMI KENASTON, President of the Alaska Mental Health
Consumer Web, asked about the intersection of "mentally ill" and
"sexual predator." SENATOR HALFORD responded, clarifying the bill
does not define mental illness in a clinical sense. He stated
clearly for the record the mentally ill are no more or less likely
to be violent sexual predators than the general population. SENATOR
HALFORD said there is no intention to have this bill reflect on
mental illness.
MS. KENASTON associated herself with the comments of MR. MAJOROS
and voiced continued concern with the terminology used in this
bill.
Number 426
CHAIRMAN TAYLOR thanked the witness who had testified and
particularly MR. MCCUNE for providing possible alternative terms.
SENATOR DONLEY commented that sexual predators may not be
clinically mentally ill but they are sick people who need treatment
and from whom the public deserves protection.
Number 444
SENATOR DONLEY moved CSSB 2(JUD) from committee with individual
recommendations and the accompanying fiscal notes.
SENATOR HALFORD agreed with SENATOR DONLEY that these individuals
are sick and dangerous and meet the legal definition specified
within the bill which attempts to protect society from them as well
as to protect them from society.
CHAIRMAN TAYLOR said he agreed with the Supreme Court decision that
recognized this class of people that suffer from behavioral
abnormalities. CHAIRMAN TAYLOR stated clearly there is a
distinction between the legal and medical definition of mental
illness and the legal definition is used to protect the public as
well as to protect these individuals from the consequences of their
own actions. SENATOR HALFORD added that in order to make a
determination that a person is a sexual predator, the legislation
requires evidence of past sexually violent behavior and the
existence of a mental condition or abnormality that makes the
behavior likely to continue.
CHAIRMAN TAYLOR concluded that putting these statements on the
record is important so that no confusion exists about either the
distinction of these definitions or the intention of this
deliberative body. CHAIRMAN TAYLOR asked if there was objection to
SENATOR DONLEY'S motion to move the committee substitute from
committee with individual recommendations. Without objection, the
bill was moved.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned at 2:15 p.m.
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