Legislature(2001 - 2002)

04/10/2002 01:40 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE JUDICIARY COMMITTEE                                                                                 
                         April 10, 2002                                                                                         
                            1:40 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
Senator Robin Taylor, Chair                                                                                                     
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Dave Donley, Vice Chair                                                                                                 
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 231                                                                                                             
"An Act relating to correctional facilities."                                                                                   
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 295                                                                                                             
"An  Act  relating  to the  disclosure  of  information  regarding                                                              
delinquent  minors to  certain licensing  agencies; and  providing                                                              
for an effective date."                                                                                                         
     MOVED SB 295 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 302                                                                                                             
"An Act  defining the  term 'mental  health professional'  for the                                                              
purpose of  statutes relating to  the evaluation of  prisoners who                                                              
may need psychological  or psychiatric treatment,  for the purpose                                                              
of statutes relating to the evaluation  of children in need of aid                                                              
and delinquent  minors who  may need  to be  confined in  a secure                                                              
residential  psychiatric   treatment  center  or  who   should  be                                                              
released  from  such  a  center,   for  the  purpose  of  statutes                                                              
requiring certain  professionals to report the possibility  that a                                                              
vulnerable  adult  has  been  abused or  neglected,  and  for  the                                                              
purpose of statutes relating to mental  health civil commitments."                                                              
     MOVED CSSB 302(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 418 (L&C)                                                                                                 
"An Act  amending the  Alaska Corporations Code  as it  relates to                                                              
delivery  of annual  reports,  notice of  shareholders'  meetings,                                                              
proxy statements, and other information and items                                                                               
to shareholders,  to voting, and to proxies,  including electronic                                                              
proxy voting  and proxy  signing; and  providing for an  effective                                                              
date."                                                                                                                          
     MOVED CSHB 418 (L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 231 - See CRA minutes dated 3/20/02.                                                                                         
SB 295 - See HESS minutes dated 3/4/02.                                                                                         
SB 302 - See HESS minutes dated 3/4/02.                                                                                         
HB 418 - See Labor and Commerce minutes dated 3/21/02. See                                                                      
Judiciary minutes dated 4/8/02                                                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. David Mitchell                                                                                                              
Staff to Senator Pete Kelly                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SB 295                                                                      
                                                                                                                                
Mr. Robert Buttcane                                                                                                             
Division of Juvenile Justice                                                                                                    
Department of Health &                                                                                                          
  Social Services                                                                                                               
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Supports SB 295                                                                                          
                                                                                                                                
Mr. Jerry Burnett                                                                                                               
Staff to Senator Lyda Green                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SB 231                                                                      
                                                                                                                                
Commissioner Margaret Pugh                                                                                                      
Department of Corrections                                                                                                       
431 N. Franklin, Suite 400                                                                                                      
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Ms. Margo Knuth                                                                                                                 
Strategic Planning Coordinator                                                                                                  
Department of Corrections                                                                                                       
431 N. Franklin, Suite 400                                                                                                      
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Mr. Deven Mitchell                                                                                                              
Treasury Division                                                                                                               
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT:  Answered questions about SB 231                                                                          
                                                                                                                                
Mr. David Germer                                                                                                                
Assistant Manager                                                                                                               
Matanuska-Susitna Borough                                                                                                       
350 East Dahlia Avenue                                                                                                          
Palmer, AK  99645                                                                                                               
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Mr. Bob Herron                                                                                                                  
City Manager                                                                                                                    
City of Bethel                                                                                                                  
PO Box 388                                                                                                                      
Bethel, AK  99559                                                                                                               
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Mr. John Williams                                                                                                               
Mayor, City of Kenai                                                                                                            
210 Fidalgo Ave., Suite 200                                                                                                     
Kenai, AK 99611                                                                                                                 
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Ms. Linda Freed                                                                                                                 
City Manager                                                                                                                    
City of Kodiak                                                                                                                  
10 Mill Bay Road, Room 211                                                                                                      
Kodiak, AK  99615                                                                                                               
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Mr. Steve Sweet                                                                                                                 
Public Employees Local 71                                                                                                       
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Supports SB 231                                                                                          
                                                                                                                                
Ms. Sheila Peterson                                                                                                             
Aide to Senator Wilken                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SB 302                                                                      
                                                                                                                                
Ms. Anne Henry                                                                                                                  
Division of Mental Health & Developmental Disabilities                                                                          
Department of Health &                                                                                                          
  Social Services                                                                                                               
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Supports SB 302                                                                                          
                                                                                                                                
Ms. Sharon Bullock                                                                                                              
Fairbanks Community Mental Health Center                                                                                        
     st                                                                                                                         
122 1 Ave.                                                                                                                      
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:   Expressed  support for  one provision  of SB
302                                                                                                                             
                                                                                                                                
Mr. Wayne McCollum                                                                                                              
Fairbanks Community Mental Health Center                                                                                        
     st                                                                                                                         
122 1 Ave.                                                                                                                      
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Supports SB 302                                                                                          
                                                                                                                                
Ms. Stacie Kraly                                                                                                                
Assistant Attorney General                                                                                                      
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT: Answered questions about SB 302                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-15, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN  ROBIN  TAYLOR  called  the  Senate  Judiciary  Committee                                                            
meeting to order at 1:40 p.m. Senators  Cowdery, Therriault, Ellis                                                              
and Chairman Taylor were present.                                                                                               
                                                                                                                                
           HB 418-CORPORATE NOTICES/PROCEDURES/VOTING                                                                       
                                                                                                                                
CHAIRMAN  TAYLOR  reminded  committee  members that  they  had  an                                                              
extensive discussion on HB 418 at  Monday's meeting, at which time                                                              
an amendment  to HB 418 was  tabled. He noted  that Representative                                                              
Murkowski, Chair  of the House  Labor and Commerce  Committee, was                                                              
present.                                                                                                                        
                                                                                                                                
SENATOR COWDERY said he initially  offered the amendment and moved                                                              
to withdraw it.                                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY moved  CSHB  418(L&C) to  its  next committee  of                                                              
referral.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT  asked if a  representative of the  Division of                                                              
Banking and Securities was available.                                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR said  apparently not.  He said  that without  the                                                              
amendment,  the  bill  will  not  have  a  significant  impact  on                                                              
corporations. With  no further objection, CSHB 418(L&C)  was moved                                                              
from committee.                                                                                                                 
                                                                                                                                
The committee took up SB 295.                                                                                                   
                                                                                                                                
         SB 295-LICENSING: DISCLOSURE OF MINORS' RECORDS                                                                    
                                                                                                                                
MR. DAVID  MITCHELL, staff  to Senator Pete  Kelly, sponsor  of SB
295, made the following statement.                                                                                              
                                                                                                                                
     Both state and federal laws  currently require all child                                                                   
     and adult care licensing authorities  to review criminal                                                                   
     histories of  every individual aged  16 or older  who is                                                                   
     seeking either  a care license,  employment with  a care                                                                   
     provider, or residing in the  home with a care provider.                                                                   
     Criminal  history information  for persons  under 18  is                                                                   
     not  accessible   through  the   Alaska  Public   Safety                                                                   
     Information  Network   but  is  available   through  the                                                                   
     Division  of Juvenile  Justice. Due  to the language  in                                                                   
     the current  statute, the  division may release  certain                                                                   
     information  for specific  situations to  only a few  of                                                                   
     the licensing  agencies. The fact that an  applicant may                                                                   
     have a son  living in the home who is a  convicted child                                                                   
     molester  could  be  kept  from   the  licensing  agency                                                                   
     because  of limitations on  the division's authority  to                                                                   
     release  that  information.  This bill  would  give  the                                                                   
     Department   of  Health   and   Social  Services   clear                                                                   
     authority to provide all child  and adult care licensing                                                                   
     agencies  access to  appropriate licensing  information.                                                                   
     This  bill   will  help  facilitate  the   licensing  of                                                                   
     suitable  individuals,  as  well  as  help  ensure  that                                                                   
     quality of  care and safety  concerns are met  for every                                                                   
     client  receiving   services  in  a  care   facility  or                                                                   
     program.                                                                                                                   
                                                                                                                                
MR. MITCHELL offered to answer questions.                                                                                       
                                                                                                                                
There being no questions, CHAIRMAN  TAYLOR took further testimony.                                                              
                                                                                                                                
MR. ROBERT BUTTCANE,  Division of Juvenile Justice,  Department of                                                              
Health and Social  Services, stated support for SB  295 as it will                                                              
take care of  an omission in the division's statutes.  SB 295 will                                                              
allow the  division to work with  licensing agencies to  make sure                                                              
they have  access to  delinquency information  to ensure  they are                                                              
licensing  people who  will preserve  the safety  of people  being                                                              
cared for in elderly and child care facilities.                                                                                 
                                                                                                                                
MR. BUTTCANE  said the  recent spate  of laws  that passed  at the                                                              
federal and state  levels regarding licensing for  care facilities                                                              
mandate that licensing agencies have  access to records of persons                                                              
16    and   older.    Alaska's    current   delinquency    records                                                              
confidentiality statute  is written in such a way  that it doesn't                                                              
include all conditions that arise  in licensing situations. SB 295                                                              
will  provide  explicit  authority  to  the  division  to  provide                                                              
information for those purposes.                                                                                                 
                                                                                                                                
There being  no further  testimony or  questions, SENATOR  COWDERY                                                              
moved SB  295 from  committee with  its accompanying fiscal  notes                                                              
and individual recommendations.                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
The committee took up SB 231.                                                                                                   
                                                                                                                                
             SB 231-CORRECTIONAL FACILITY EXPANSION                                                                         
                                                                                                                                
MR. JERRY  BURNETT,  staff to Senator  Lyda Green,  sponsor  of SB
231,  noted  that  Senator  Green  was unable  to  attend  due  to                                                              
illness. He explained that SB 231  provides a regional approach to                                                              
expanding correctional  facilities throughout Alaska.  It provides                                                              
for  approximately 1200  prison  and  jail beds  in  a variety  of                                                              
communities  throughout the state.  The question  of the  need for                                                              
additional jail beds has been settled  by the legislature twice in                                                              
the last five  years. In 1998, the legislature  passed legislation                                                              
authorizing the Anchorage  jail and an 800-bed  facility at Delta,                                                              
which was not  built. In 2001, the legislature  authorized another                                                              
800-bed facility  in the Kenai Peninsula  and that was  not built.                                                              
Clearly, the intent of SB 231 is  to build community acceptance of                                                              
expanded jail  facilities and to  work with the  municipalities to                                                              
finance and provide the facilities.  He informed members that each                                                              
of the  municipal bodies named in  the bill have  sent resolutions                                                              
in support of the bill. He offered to answer questions.                                                                         
                                                                                                                                
SENATOR COWDERY asked if the number  of beds in the bill represent                                                              
the actual needs.                                                                                                               
                                                                                                                                
MR.  BURNETT said  the  numbers represent  the  need expressed  to                                                              
Senator  Green  by the  Department  of  Corrections.   She  worked                                                              
primarily  with   the  Mat-Su  Borough   and  the   Department  of                                                              
Corrections to  prepare SB  231. Some of  the numbers, such  as 64                                                              
additional beds at  the Juneau facility, have to  do with the type                                                              
of  facility   and  location.   The  Mat-Su   Borough  has   three                                                              
facilities:  Palmer Pre-Trial; Palmer  Correctional Facility;  and                                                              
the  Point Mackenzie  Farm. Each  facility will  have a  different                                                              
number  of  beds  depending  on the  physical  structure  and  the                                                              
specific needs of the community.                                                                                                
                                                                                                                                
SENATOR  COWDERY  asked  if prisoners  are  housed  at  particular                                                              
facilities based on the severity of their crimes.                                                                               
                                                                                                                                
MR. BURNETT replied there are medium  security facilities and pre-                                                              
trial facilities.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT said according  to the bill the average capital                                                              
cost for  all beds may not  exceed $155,000 per bed,  adjusted for                                                              
three  percent   inflation  a  year   and  asked  how   long  this                                                              
authorization will apply and whether  it will just be on the books                                                              
if a community chooses not to exercise it ten years from now.                                                                   
                                                                                                                                
MR. BURNETT replied:                                                                                                            
                                                                                                                                
     As  the bill  is currently  written, that  would be  the                                                                   
     case  and  I believe  that  Senator Green  is  certainly                                                                   
     amenable to  making adjustments to that, either  here or                                                                   
     in  the  Finance  Committee  as this  goes  to  Finance.                                                                   
     There's  a very large  fiscal note  that you might  have                                                                   
     noticed  in   your  packet  although  the   fiscal  note                                                                   
     somewhat  exaggerates the  extra cost  here because  you                                                                   
     have  to do  something  with these  prisoners,  assuming                                                                   
     that  there really  are 1200  - a need  for 1200  prison                                                                   
     beds. The fiscal note doesn't  discount the alternatives                                                                   
     so something is going to be done with them.                                                                                
                                                                                                                                
SENATOR THERRIAULT  thought that issue should be  addressed by the                                                              
Finance Committee  but suggested putting the authorization  on the                                                              
books with  an adjuster so  that 10 or  15 years from  now someone                                                              
can't build something that obligates the state.                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR  noted the  annual  three  percent would  have  a                                                              
compounding effect.                                                                                                             
                                                                                                                                
MR. BURNETT  said Senator Green  would be amendable  to re-wording                                                              
that provision  or include  phase-in dates  for the facilities  in                                                              
the bill.                                                                                                                       
                                                                                                                                
CHAIRMAN  TAYLOR  asked if  Senator  Green consulted  with  former                                                              
Senator Frank Ferguson on this legislation.                                                                                     
                                                                                                                                
MR. BURNETT said he did not believe she did.                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR took public testimony.                                                                                          
                                                                                                                                
COMMISSIONER  MARGARET PUGH, Department  of Corrections,  verified                                                              
that Margot Knuth was available via  teleconference, and said they                                                              
were willing to answer any questions.                                                                                           
                                                                                                                                
MS. MARGOT  KNUTH, Strategic  Planning Coordinator,  Department of                                                              
Corrections, thanked the committee  for hearing SB 231 and said it                                                              
represents  a regional  approach to expanding  prisons and  jails.                                                              
The  Administration  supports  the   concept  of  regionalization.                                                              
Alaska has distinct needs for both  jail beds and for prison beds.                                                              
SB 231 recognizes  those two parallel needs and  contains a select                                                              
number of  beds in the  right locations.  She noted the  number of                                                              
beds  in Fairbanks  and Bethel  will just  keep up  with the  jail                                                              
needs  of  those  communities. The  expansion  would  allow  those                                                              
facilities  to  house  pre-trial  felons and  inmates  with  short                                                              
sentences. The expansion  will not bring home  prisoners from that                                                              
area  with  lengthy  sentences. Those  inmates  will  serve  their                                                              
sentences  in  the  state's prison  facilities  at  Spring  Creek,                                                              
Palmer, or Wildwood.                                                                                                            
                                                                                                                                
MS.  KNUTH  advised members  that  the  provision for  the  Mat-Su                                                              
Borough in SB 231 should refer to  "facilities" because the number                                                              
of  beds identified  would be  placed in  the Palmer  Correctional                                                              
Center,  the Mat-Su  Pre-Trial facility  and  the Point  MacKenzie                                                              
prison farm.                                                                                                                    
                                                                                                                                
COMMISSIONER  PUGH informed  members that  error was corrected  in                                                              
the Community and Regional Affairs Committee Substitute.                                                                        
                                                                                                                                
MS. KNUTH said SB 231 also includes  four community jail projects,                                                              
which are overdue.  Alaska has 15 community jails  and all of them                                                              
need capital  funds.   The four  in SB  231 were selected  because                                                              
they  have  the  highest  utilization  rate.  She  stated  SB  231                                                              
provides a  good, holistic approach  to Alaska's prison  needs and                                                              
should enable  all of Alaska's prisoners  to come back  to Alaska,                                                              
thereby  keeping  funds  in  the  state.  For  those  reasons  the                                                              
Administration  is generally in  favor of SB  231. She  offered to                                                              
answer questions.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT asked which jails are community jails.                                                                       
                                                                                                                                
COMMISSIONER  PUGH  said the  last  four  on page  2  (Dillingham,                                                              
Kodiak, Kotzebue and the North Slope Borough).                                                                                  
                                                                                                                                
MR.  DAVID GERMER,  Assistant  Manager  of the  Matanuska  Susitna                                                              
Borough, affirmed  the Mat-Su Borough has three  facilities within                                                              
its borders  and the  Borough has  experienced  very few, if  any,                                                              
problems associated  with those facilities. The  Borough has found                                                              
Department  of Corrections  employees to  be good  members of  the                                                              
community. The  Borough also  recognizes that various  communities                                                              
across the state  have needs for expanded  correctional facilities                                                              
and believes  it is important that  those needs be  addressed. The                                                              
Borough  supports the concept  of expanding  existing prisons,  as                                                              
well as jails.                                                                                                                  
                                                                                                                                
MR. GERMER  noted that expansion  was considered when many  of the                                                              
jails were first  constructed. In some places,  the infrastructure                                                              
is  already established.  The Borough  also  understands from  the                                                              
Department of Corrections that the  prisoners who are incarcerated                                                              
close to their families and support  networks have a better chance                                                              
at rehabilitation than those housed  a long way away. In addition,                                                              
the economic impact associated with  returning prisoners to Alaska                                                              
should  be  shared  statewide; rural  and  urban  Alaskans  should                                                              
receive  the economic  benefits associated  with  jail and  prison                                                              
expansions. He  repeated that the Borough's interactions  with the                                                              
Department of  Corrections has shown  the Department to be  a very                                                              
responsive  agency.  The  Borough firmly  believes  that  facility                                                              
expansion  should be  publicly operated  and  managed. The  Mat-Su                                                              
Borough  supports SB 231  because it  appropriately addresses  the                                                              
overcrowded prisons  and jails through a regional  approach and it                                                              
spreads  the economic  benefits  across the  state  of Alaska.  He                                                              
noted  the Ketchikan,  Saxman, Fairbanks,  Kenai, Juneau,  Bethel,                                                              
Kodiak,  Seward,   Mat-Su  and  Palmer  governments   have  passed                                                              
resolutions in support of SB 231.                                                                                               
                                                                                                                                
CHAIRMAN TAYLOR noted that Deven  Mitchell was available to answer                                                              
questions.                                                                                                                      
                                                                                                                                
MR.  DEVEN MITCHELL,  Debt Manager,  Department  of Revenue,  told                                                              
members  there  is  one  technical issue  with  the  Spring  Creek                                                              
project. At  present, bonds are  outstanding for the  Spring Creek                                                              
facility so it  would be difficult to issue additional  bonds with                                                              
a different  structure if the City  of Seward was going  to be the                                                              
conduit or issuer of those bonds.  Those bonds will mature in 2006                                                              
so if the legislation has a sunset  date for that project, it will                                                              
have to  be later than  2006 otherwise  it would be  excluded from                                                              
the financing.                                                                                                                  
                                                                                                                                
CHAIRMAN  TAYLOR  said  that goes  back  to  Senator  Therriault's                                                              
question  of how long  the authorization  will remain  outstanding                                                              
and whether the legislation should contain a time limit.                                                                        
                                                                                                                                
SENATOR THERRIAULT  asked for more  detail about the  Spring Creek                                                              
situation.                                                                                                                      
                                                                                                                                
MR. MITCHELL explained:                                                                                                         
                                                                                                                                
     The   Spring  Creek   facility  has   State  of   Alaska                                                                   
     certificates  of participation  outstanding on it.  They                                                                   
     have been advanced, refunded  once, and then [currently]                                                                   
     refunded a second  time so the bonds that  are currently                                                                   
     outstanding  through  2006 couldn't  be  refunded  again                                                                   
     under the tax code. So, if you  were to issue new bonds,                                                                   
     there's already a lien, if you  will, placed against the                                                                   
     Spring  Creek   facility.  There's  a  lease   in  place                                                                   
     providing  security to bond  purchasers so you  couldn't                                                                   
     refinance  with a  different  issuer  until those  bonds                                                                   
     [reached]  maturity. You  could issue  those bonds on  a                                                                   
     parity basis  per the existing bond agreement  but you'd                                                                   
     have  to   have  the  same  issuer,  which,   with  this                                                                   
     legislation,  it  would  be  the  City  of  Seward.  The                                                                   
     current issuer is the State of Alaska.                                                                                     
                                                                                                                                
SENATOR THERRIAULT asked  if that means that project  would not be                                                              
able to go forward until the year 2006.                                                                                         
                                                                                                                                
MR. MITCHELL said that is correct.                                                                                              
                                                                                                                                
MR. BOB  HERRON, representing the  City of Bethel,  stated support                                                              
for  SB   231.  He  noted   Bethel  houses  the   Yukon  Kuskokwim                                                              
Correctional Facility  as a  regional jail.   Bethel is a  hub for                                                              
about 20,000 who live in that region.  The city council is in full                                                              
support  of the legislation  and  asks the committee  to move  the                                                              
bill to the next committee of referral.                                                                                         
                                                                                                                                
MR. JOHN  WILLIAMS, Mayor, City of  Kenai, informed members  he is                                                              
representing  the City  Council  and the  community  of Kenai  who                                                              
support SB 231 as  written. He pointed out the City  of Kenai is a                                                              
first class  home rule  city with extra  territorial powers  so it                                                              
has  the  ability   to  issue  bonds  and  construct   beyond  its                                                              
boundaries. He noted Wildwood is  just outside the boundary of the                                                              
City of Kenai but the city has legal  authority to operate it. Mr.                                                              
Williams  said passage of  SB 231  will put  the issue of  private                                                              
prisons  aside.   The  issues  of  prisoner  location   and  post-                                                              
incarceration location came up during  a recent attempt to build a                                                              
prison in Kenai.  Those issues will be resolved  as prisoners will                                                              
be spread across the state. The use  of existing infrastructure is                                                              
very important  at this time when  the state needs to  control the                                                              
growth of government and expenditures.  The issues associated with                                                              
requirements  to  relocate Alaskan  prisoners  to  Alaska will  be                                                              
taken care of.                                                                                                                  
                                                                                                                                
MR.  WILLIAMS said  the question  of whether  the community  would                                                              
support a  prison has  come up in  former hearings. The  community                                                              
voted overwhelmingly  in opposition to a private  prison. However,                                                              
he  believes  it is  an  absolute  fact  that the  community  will                                                              
support  the addition  of 256 beds  at Wildwood.  He repeated  the                                                              
city  council has  discussed SB  231  at length  and endorses  the                                                              
concept of spreading beds throughout the state.                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR  asked Mr.  Williams if he  is aware of  any state                                                              
prison facility  ever built in Alaska  where the state  waited for                                                              
an advisory vote from the community before it was built.                                                                        
                                                                                                                                
MR. WILLIAMS said not to his recollection.                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR  said he  doesn't remember  any advisory  votes on                                                              
the Spring Creek  or Lemon Creek facilities either.  He noted that                                                              
once a  prison is  built, every  community that  has one  wants it                                                              
expanded. Chairman Taylor thanked  Mr. Williams and took testimony                                                              
from Kodiak.                                                                                                                    
                                                                                                                                
MS.  LINDA FREED,  City Manager  of Kodiak,  informed members  the                                                              
Kodiak  City  Council  and  the Kodiak  Island  Borough  passed  a                                                              
resolution in  support of  SB 231. Kodiak  serves as  the regional                                                              
jail facility  for all of  the Kodiak  Island Borough and  part of                                                              
the Alaska Peninsula. They appreciate  the regional approach in SB
231  for all  of the  reasons previously  stated. SB  231 is  very                                                              
significant for Kodiak  as it is running a state  contract jail in                                                              
partnership with  the state  in a building  that is over  60 years                                                              
old. Kodiak is in  a position where it either needs  to rebuild or                                                              
close the  facility because  of liability  issues. At this  point,                                                              
Kodiak must pick  up the entire liability cost  for that facility.                                                              
As the  jail ages,  the liability  to the City  of Kodiak  and its                                                              
taxpayers   increases  exponentially.   The  City  believes   that                                                              
rebuilding  the facility  will be  a cost saving  measure for  the                                                              
state as  well as Kodiak.  Without this  facility, the  state will                                                              
incur incredible  transportation costs for prisoners.  The City of                                                              
Kodiak is  committed to putting land  into this project  and it is                                                              
hoping to build  a multi-use facility with a police  station so it                                                              
will absorb some  of the costs identified in the  fiscal note. She                                                              
urged members to pass SB 231 to the next committee of referral.                                                                 
                                                                                                                                
MR. STEVE  SWEET, representing Public  Employees Local  71, stated                                                              
support for SB 231 and said by expanding  existing facilities, the                                                              
state will  save thousands of dollars  by not having  to duplicate                                                              
existing  infrastructures. He  questioned why  Alaskans can't  use                                                              
the $20 million to house prisoners  in Arizona. Alaska contractors                                                              
and residents  should benefit by  building the new  expansions for                                                              
the  correctional  facilities. He  noted  if  the state  hopes  to                                                              
rehabilitate  prisoners, it  is extremely  important they  be near                                                              
their families for support. He stated  the expanded prisons should                                                              
be operated  publicly, by professionals.  It makes  economic sense                                                              
to expand existing facilities.                                                                                                  
                                                                                                                                
SENATOR COWDERY asked Mr. Sweet if  the administrative sections of                                                              
the existing prisons would be adequate  to cover the expansions or                                                              
whether those sections will have to expand also.                                                                                
                                                                                                                                
MR. SWEET  said he  believes there  is adequate administration  in                                                              
place.                                                                                                                          
                                                                                                                                
SENATOR COWDERY announced  that the committee would  hold the bill                                                              
until Chairman Taylor  returned and that the committee  would take                                                              
up SB 302.                                                                                                                      
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:20 p.m.                                                                                                                       
                                                                                                                                
         SB 302-DEFINITION OF MENTAL HEALTH PROFESSIONAL                                                                    
                                                                                                                                
                                                                                                                                
MS. SHEILA PETERSON, staff to Senator Gary Wilken, said that she                                                                
would read the sponsor statement for Senator Wilken who was                                                                     
needed to make a quorum in another committee.                                                                                   
                                                                                                                                
     SB 302 is a mental health professional  definition bill.                                                                   
     It recognizes  the growth of the clinical  mental health                                                                   
     profession; it  broadens the mental health  professional                                                                   
     definition to include licensed  clinical social workers,                                                                   
     licensed marital  and family therapists, and  a licensed                                                                   
     professional counselor. The  current Title 47 definition                                                                   
     was written in  1981, prior to the passages  of Alaska's                                                                   
     licensing  requirements  governing  these  master  level                                                                   
     mental health clinicians.                                                                                                  
                                                                                                                                
SENATOR COWDERY asked if that was in 1981 or 1986.                                                                              
                                                                                                                                
MS. PETERSON explained there was  a revised sponsor statement that                                                              
was  provided March  21. Originally,  Senator  Wilken thought  the                                                              
year was  1986 but upon  further research  found it was  1981. She                                                              
then continued reading the sponsor statement.                                                                                   
                                                                                                                                
     A more  inclusive mental health professional  definition                                                                   
     increases the capacity of Alaska's  mental health system                                                                   
     to  protect our youth  and adults  who are  experiencing                                                                   
     acute psychiatric crises in  our communities. Today, not                                                                   
     enough mental health professionals  are authorized under                                                                   
     the  current  definition  to respond  to  some  critical                                                                   
     public safety situations, particularly  in rural Alaska,                                                                   
     and  yet there  are hundreds  of licensed  professionals                                                                   
     who are qualified  to aid these Alaskans  but cannot, as                                                                   
     they   do  not   fall  within   the  current   statutory                                                                   
     definition. SB  302 recognizes this problem  and updates                                                                   
     the  Title 47  definition.  The expanded  mental  health                                                                   
     professional  definition as stated  in SB 302  increases                                                                   
     the  number  of  trained  professionals:   who  will  be                                                                   
     allowed   to  provide   mental   health  treatment   for                                                                   
     prisoners;  authorized to evaluate  children and  minors                                                                   
     in  custody;  to  determine   placement  in  residential                                                                   
      treatments; required to report incidences of harm to                                                                      
         vulnerable adults and allowed to conduct civil                                                                         
     commitment evaluations.                                                                                                    
                                                                                                                                
MS. PETERSON informed  committee members that Ms.  Anne Henry from                                                              
the  Department  of Health  and  Social  Services was  present  to                                                              
answer questions if necessary.                                                                                                  
                                                                                                                                
[SENATOR WILKEN arrived.]                                                                                                       
                                                                                                                                
SENATOR THERRIAULT asked about the  proposed committee substitute.                                                              
                                                                                                                                
MS. PETERSON  said the sponsor  statement addressed  the committee                                                              
substitute.                                                                                                                     
                                                                                                                                
CHAIRMAN  TAYLOR asked  if the proposed  committee substitute  was                                                              
adopted.                                                                                                                        
                                                                                                                                
MS. PETERSON said it was not.                                                                                                   
                                                                                                                                
SENATOR  COWDERY  moved  to  adopt  Version  J  as  the  committee                                                              
substitute for SB 302.                                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR  announced that without  objection, Version  J was                                                              
adopted as the committee substitute.                                                                                            
                                                                                                                                
SENATOR WILKEN noted that Anne Henry  and others were available to                                                              
answer questions.                                                                                                               
                                                                                                                                
MS.  ANNE  HENRY,  Division of  Mental  Health  and  Developmental                                                              
Disabilities,  Department of  Health and  Social Services  (DHSS),                                                              
told  members   that  when   the  definition   of  mental   health                                                              
professional  was  originally  written,  it included  all  of  the                                                              
recognized  professions  at  the   time.  She  explained  that  an                                                              
evaluation  for civil commitment  determines  whether a person  is                                                              
suicidal, homicidal,  or gravely disabled  at that moment.  When a                                                              
clinician  decides in  favor of  civil  commitment, the  clinician                                                              
gets concurrence  from the  psychiatrist on duty  at the  time and                                                              
then calls a judge, who makes the  final decision about commitment                                                              
to hospitalization where the person  would be evaluated by a staff                                                              
psychiatrist. The law allows people  who are employed by community                                                              
mental  health centers  around the  state to  do civil  commitment                                                              
evaluations.  They receive  state funding  for emergency  services                                                              
for  mental  health  crisis  situations.  Of  about  900  licensed                                                              
professionals in Alaska now, only  about 140 people work for those                                                              
agencies. Those are  the people who this bill applies  to. DHSS is                                                              
finding that  agencies all  over the  state are having  difficulty                                                              
hiring and retaining people of that  level of professionalism. She                                                              
noted that since  the law was originally written,  the legislature                                                              
has  recognized licensure  clinical social  workers, marriage  and                                                              
family  therapists,  and  professional counselors.  Every  one  of                                                              
those professions  has the statutory authority to  diagnose, which                                                              
is what is done in an evaluation  situation. She told members that                                                              
SB 302 is supported  by DHSS, the Alaska Mental  Health Authority,                                                              
the  Association of  Mental  Health Consumers  in  Alaska and  the                                                              
Alaska Community Mental Health Services Association.                                                                            
                                                                                                                                
SENATOR WILKEN  referred to a chart  in members' packets  and said                                                              
it provides a visual explanation of what the bill will do.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR took public testimony.                                                                                          
                                                                                                                                
MS.  SHARON  BULLOCK,  a  licensed   clinical  social  worker  and                                                              
director  of   the  Fairbanks  Community  Mental   Health  Center,                                                              
affirmed the Center has had difficulty  hiring people straight out                                                              
of graduate school.  The Center will have difficulty  if SB 302 is                                                              
passed as  is because the  way it is  written, only people  with a                                                              
license  or those  with  24 months  of experience  after  graduate                                                              
school can do  the screenings. In Fairbanks, when  someone files a                                                              
Title 47, the court  gives it to the Center who  sends someone out                                                              
to do  the screening.  The screener  makes recommendations  to the                                                              
court and the judge makes the final  decision. The Center needs to                                                              
have  enough  employees   who  are  eligible  to   help  with  the                                                              
screenings.                                                                                                                     
                                                                                                                                
TAPE 02-15, SIDE B                                                                                                              
                                                                                                                                
MS. BULLOCK said she supports part  of the bill that being that an                                                              
employee could  be supervised by  a licensed clinical  worker. She                                                              
suggested shortening the 24-month requirement to 12 months.                                                                     
                                                                                                                                
CHAIRMAN   TAYLOR  informed   Ms.  Bullock   that  the   committee                                                              
substitute before  members provides for a 12-month  period of work                                                              
experience in the field of mental illness post Masters degree.                                                                  
                                                                                                                                
MS. BULLOCK thanked Chairman Taylor for the update.                                                                             
                                                                                                                                
MR.  WAYNE MCCOLLUM,  a licensed  clinical social  worker and  the                                                              
Community  Support Program  Director  at the  Fairbanks  Community                                                              
Mental Health Center, stated support  for the legislation and said                                                              
he  shares  the same  concerns  that  Ms.  Henry and  Ms.  Bullock                                                              
expressed.  He said  it is very  difficult to  recruit and  retain                                                              
qualified individuals  in the Interior  and in rural  communities.                                                              
SB  302  will  allow  the  Center  to  recruit  a  wider  pool  of                                                              
individuals to perform an important service.                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR noted there was no  one else who wished to testify                                                              
on SB 302 but the committee received  a letter from Phillip Baker,                                                              
a licensed  clinical psychologist  from  Anchorage, which  he read                                                              
into the record:                                                                                                                
                                                                                                                                
     My   name   is   Phillip   Baker,    Licensed   Clinical                                                                   
     Psychologist  and  Executive   Director  of  the  Alaska                                                                   
     Psychological  Association. I  am writing  on behalf  of                                                                   
     the  Executive  Staff  of  our   association  who  voted                                                                   
     unanimously to  oppose SB 302 and we urge  you to oppose                                                                   
     this bill also.                                                                                                            
                                                                                                                                
     We  are aware  of  the need  for qualified  and  trained                                                                   
     mental   health   professionals   to  work   in   remote                                                                   
     communities.  We were informed  that SB 302  was created                                                                   
     to  help  meet  that  need. The  bill  proposes  to  add                                                                   
     Licensed  Marriage   and  Family  Therapists,   Licensed                                                                   
     Professional Counselors and  an unlicensed mental health                                                                   
     worker  under supervision.  We  feel this  is the  wrong                                                                   
     solution  to the  shortage  of qualified  mental  health                                                                   
     workers  in  rural  settings.  Professional  Counselors,                                                                   
     Marriage   and   Family   Therapists    and   unlicensed                                                                   
     counselors   have  one  or   two  academic  courses   in                                                                   
     assessment and  evaluation, inadequate training  for the                                                                   
     tasks required.                                                                                                            
                                                                                                                                
     The unlicensed  mental health  worker under  supervision                                                                   
     that  is  mentioned  in  this  bill  would  be  a  great                                                                   
     liability to  the State and to vulnerable  mental health                                                                   
     consumers. There is no way to  regulate the practices of                                                                   
     these particular mental health  practitioners and no way                                                                   
     for consumers to seek recourse  for inept, unethical and                                                                   
     poorly trained  practices. Who  would want their  family                                                                   
     members,  friend  or  loved one's  mental  health  needs                                                                   
     determined by a poorly trained  and unregulated provider                                                                   
     of these important and very personal services?                                                                             
                                                                                                                                
     We urge  you to  return this bill  to the Department  of                                                                   
     Health and Social  Services and inform them  that SB 302                                                                   
     is  an  inadequate  solution  to their  problem  and  it                                                                   
     increases  the danger that  vulnerable Alaskans  will be                                                                   
     mistreated.                                                                                                                
                                                                                                                                
CHAIRMAN TAYLOR asked for a response to those comments.                                                                         
                                                                                                                                
SENATOR WILKEN said he believes Mr. Baker's concern about the                                                                   
supervision of an unlicensed person has been taken care of in the                                                               
committee substitute.                                                                                                           
                                                                                                                                
MS. HENRY explained  the current statute allows  any Masters level                                                              
social worker with experience in  the field to do civil commitment                                                              
evaluations.  The committee substitute  raises the  qualifications                                                              
to a Masters level degree plus 12 months of experience and a six-                                                               
month internship. These professionals will be supervised by a                                                                   
licensed  professional,  although  that  is not  required  by  the                                                              
current  statute. They  must also  be  in the  process of  getting                                                              
licensed so  their dedication to  becoming licensed  provides more                                                              
accountability.   She  noted  that   currently  about   eight  PhD                                                              
psychologists work  with emergency services throughout  the state.                                                              
DHSS believes  that  most of those  people work  in a  supervisory                                                              
capacity and do not actually do the  evaluations themselves so the                                                              
work  is  being done  by  people  who  do not  actually  meet  the                                                              
definition in SB 302.                                                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR  pointed  out  that  committee  members  received                                                              
several other letters.                                                                                                          
                                                                                                                                
SENATOR   COWDERY  said   that  he  received   letters  from   two                                                              
constituents who  were concerned about  the letter of  intent that                                                              
accompanies HB 343.                                                                                                             
                                                                                                                                
MS.  HENRY  explained  that  letter  of  intent  pertains  to  the                                                              
extension of the  licensed professional counselor  sunset date and                                                              
asks that  the boards be  combined and has  nothing to do  with SB
302.                                                                                                                            
                                                                                                                                
SENATOR ELLIS  commented that he  voted no on similar  legislation                                                              
that passed  through the committee  last year because  he received                                                              
an overwhelming amount of letters  from people who express concern                                                              
about  how careful  the  state  should be  in  the  area of  civil                                                              
commitments  because  to deny  a  person  their freedom  or  civil                                                              
liberties for  any period  of time is  an awesome power.  He asked                                                              
Ms. Henry to walk him through the  civil commitment process and to                                                              
describe the  minimum credentials of  a professional who  would be                                                              
permitted to do an evaluation.                                                                                                  
                                                                                                                                
MS. HENRY asked that Stacie Kraly answer that question.                                                                         
                                                                                                                                
MS. STACIE KRALY,  Assistant Attorney General, Department  of Law,                                                              
informed  members   that  she  does  the  civil   commitments  for                                                              
Southeast  Alaska.  She said  she  would  defer  to Ms.  Henry  to                                                              
describe the  clinical part of  the civil commitment  process. She                                                              
explained that the  process works in Juneau in  the following way.                                                              
An  individual  who is  in  crisis  is,  either through  a  family                                                              
member, a police officer or a concerned  community member, usually                                                              
brought to a hospital for a medical  evaluation. If it appears the                                                              
individual is decompensating and  suffering from a mental illness,                                                              
a clinical person is called in. An  emergency services worker from                                                              
the Juneau Alliance  for the Mentally Ill goes to  the hospital to                                                              
conduct an  evaluation of  the individual  in consultation  with a                                                              
physician and sometimes a psychiatrist.  An evaluation can take up                                                              
to  four hours  to  determine  whether  the individual  meets  the                                                              
statutory  criteria  for  a commitment;  that  being  whether  the                                                              
individual is mentally ill and as  a result is a threat to self or                                                              
others  or  is  gravely  disabled. If  the  individual  meets  the                                                              
statutory  criteria, the  clinician meets  with a psychiatrist  to                                                              
make sure  the assessment  is accurate.  The clinician  then calls                                                              
the judicial officer  and makes a recommendation  and explains the                                                              
reasons  behind  the  recommendation,   i.e.,  the  individual  is                                                              
suicidal  or was brandishing  a knife  in McDonald's.   The  judge                                                              
then determines  whether to commit that  person for 72 hours.   If                                                              
so,  the judge  issues an  ex parte  order and  the individual  is                                                              
transferred from the  emergency room to the mental  health ward at                                                              
the hospital. Over the next 72 hours,  the individual is evaluated                                                              
every 24 hours by a clinician, psychiatrist,  and social worker at                                                              
the hospital.  Within those 72 hours  they are either  released if                                                              
they  no longer  meet the  criteria,  they may  volunteer to  stay                                                              
longer, or the Department of Law  can file a petition for a 30 day                                                              
commitment  whereupon  the  Department  goes  to  court,  presents                                                              
evidence  and calls witnesses,  and the  judge determines  whether                                                              
the individual should be committed for up to 30 days.                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR  asked  Ms.  Kraly  to  address  Senator  Ellis's                                                              
question about the minimum qualifications  allowed for a clinician                                                              
under SB 302.                                                                                                                   
                                                                                                                                
MS. KRALY said  that statewide, in rural communities,  the minimum                                                              
level could be  pretty low. Statutorily the lowest  level would be                                                              
an unlicensed  social worker who  is not supervised. In  Juneau, a                                                              
few PhDs do this work.                                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR asked how that would change under SB 302.                                                                       
                                                                                                                                
MS. KRALY replied that it would remain  the same in the sense that                                                              
there  would  be  the added  qualifications  of  intending  to  be                                                              
licensed,   having  12   months   of  supervision   and   clinical                                                              
experience.                                                                                                                     
                                                                                                                                
SENATOR  ELLIS asked  if passage  of  the bill  will increase  the                                                              
qualification requirements of the lowest level person.                                                                          
                                                                                                                                
MS. KRALY replied, "Most definitely."                                                                                           
                                                                                                                                
SENATOR ELLIS  said he appreciated  the explanation  about Juneau,                                                              
although he is concerned about villages like Chevak or Kaktovik.                                                                
                                                                                                                                
MS. KRALY  said the  process is basically  the same everywhere  so                                                              
that if an  individual was being  committed in Hoonah or  Craig, a                                                              
village public safety  officer would call a judge  and provide the                                                              
information  and the  judge  would order  that  the individual  be                                                              
transferred to  an evaluation facility in either  Ketchikan, Sitka                                                              
or  Juneau where  the  process would  start  over. If  there is  a                                                              
mental health  professional in  a rural village,  he or  she would                                                              
initiate the proceedings.                                                                                                       
                                                                                                                                
SENATOR  ELLIS  said  his  concern is  that  SB  302  dramatically                                                              
expands the number of people who  can participate in this process,                                                              
yet the qualifications will be higher, not lower.                                                                               
                                                                                                                                
MS. HENRY explained  that SB 302 expands the disciplines  that are                                                              
recognized as  being licensed and,  in terms of those  people that                                                              
are not  licensed, it  requires them  to have  a certain  level of                                                              
experience, including  the Masters  degree. Currently,  any social                                                              
worker with a  Masters degree, whether trained  clinically or not,                                                              
can do a civil commitment. A good  portion of people who did civil                                                              
commitments  in the  past  did not  have  clinical education.  She                                                              
repeated  the bill will  require  a Masters degree,  12 months  of                                                              
field  experience, and  working toward  being  licensed. The  pool                                                              
will  be  expanded  because  it  includes  all  of  the  different                                                              
licensed disciplines.                                                                                                           
                                                                                                                                
SENATOR ELLIS  asked if the impact  will be an improvement  in the                                                              
quality of  the work  done or  whether it  will just increase  the                                                              
number of people who can do civil commitments.                                                                                  
                                                                                                                                
MS. HENRY  said she  believes both will  increase. She  noted that                                                              
she recently spoke  with the director of the mental  health center                                                              
in Galena who  said Galena has had  no VPSO for six  months, there                                                              
are two troopers who could participate  but they cover an area the                                                              
size  of Oregon,  and she  is not  qualified  to participate.  The                                                              
troopers have  told her  that unless someone  has a knife,  gun or                                                              
rope in their hands, they will not  get involved because they have                                                              
more urgent priorities. Ms. Henry  said if no one in the community                                                              
is qualified, individuals  end up in jail or being  sent home with                                                              
family  members who  don't know  what to  do. She  noted that  the                                                              
Alaska  Psychiatric  Institute  has   reported  that  it  gets  an                                                              
inappropriate  number of people  come in to  be committed  so they                                                              
are sent back, a traumatic and expensive  experience. She said she                                                              
believes SB  302 will provide greater  access to those  people who                                                              
really need  services in a time  of crisis and with  Alaska's high                                                              
suicide rate, the need is critical.                                                                                             
                                                                                                                                
SENATOR  THERRIAULT said  he received  a lot of  feedback on  last                                                              
year's  civil commitment  bill but  most of the  people who  wrote                                                              
were under the mistaken assumption  that individuals would be able                                                              
to commit themselves.  He asked what level of  scrutiny the judges                                                              
use to make these determinations.                                                                                               
                                                                                                                                
MS.  KRALY said  under  the ex  parte  order it  is  similar to  a                                                              
probable  cause situation.  For a  30-day  commitment or  anything                                                              
further,  the standard  is clear  and convincing  evidence on  the                                                              
part  of  the  state  in  the  form   of  expert  testimony  by  a                                                              
psychiatrist.                                                                                                                   
                                                                                                                                
SENATOR THERRIAULT commented the  scrutiny is fairly loose for the                                                              
initial 72 hours but anything after that is more rigorous.                                                                      
                                                                                                                                
MS. KRALY said that if, at any time  during the 72-hour evaluation                                                              
period,  the individual  no longer meets  the statutory  criteria,                                                              
the  individual  must  be  released.   She  noted  that  very  few                                                              
individuals are sent  to a 30-day commitment hearing;  most people                                                              
are released or go voluntarily.                                                                                                 
                                                                                                                                
SENATOR COWDERY asked  Ms. Kraly if her recommendations  have ever                                                              
been denied by the court.                                                                                                       
                                                                                                                                
MS. KRALY  said yes, occasionally.  She said the judges  she works                                                              
with in the First Judicial District  are very aware of the liberty                                                              
interests at  stake and take these  cases very seriously.  They do                                                              
not grant 30-day commitments with any joy.                                                                                      
                                                                                                                                
SENATOR  COWDERY   asked  Ms.   Kraly  if   she  has  denied   the                                                              
recommendation of another.                                                                                                      
                                                                                                                                
MS. KRALY  said that  is an interesting  question because  many of                                                              
these  petitions   are  based  upon  medical  expertise   and  she                                                              
certainly  would  defer to  a  psychiatrist  who believes  that  a                                                              
petition should go forward. However,  there have been instances in                                                              
which  she  has   questioned  whether  or  not   the  petition  is                                                              
appropriate, so she  has questioned some of the  petitions she has                                                              
seen but generally she defers to the experts.                                                                                   
                                                                                                                                
MS. HENRY added that the standard  in the mental health profession                                                              
is to do whatever  is the least restrictive, given  the particular                                                              
situation. She  said she is  aware of situations  where clinicians                                                              
have had to come up with alternatives  to keep the individual safe                                                              
because the individual does not quite  fit the statutory criteria.                                                              
                                                                                                                                
CHAIRMAN TAYLOR maintained that because  of the arduousness of the                                                              
task, it  is probably easier  to charge  a person with  a criminal                                                              
act so it is  important to get the best people  involved. He added                                                              
that  Joe  Juneau  was successful  in  establishing  the  mine  in                                                              
Juneau. His family  was concerned about his activities  and wanted                                                              
to take over his mine. In the Territorial  Days, if 10 friends and                                                              
neighbors  signed a  petition, you  went  before a  judge and  the                                                              
judge would  decide whether  you should  be committed.  Mr. Juneau                                                              
was committed  to a  mental institution and  his family  took over                                                              
the business. Several  years later, Mr. Juneau  returned to Juneau                                                              
with a  certificate declaring  that he  was safe. Chairman  Taylor                                                              
found it ironic that no one else  in the town could be declared to                                                              
be  safe. Chairman  Taylor  noted  we have  come  a  long way  and                                                              
thanked the sponsor and DHSS staff for their efforts.                                                                           
                                                                                                                                
SENATOR ELLIS said he appreciates  the work done on the bill also.                                                              
He noted that the people who contacted  him last year did not seem                                                              
to be misguided about who had the  power to do a civil commitment.                                                              
Their main point  seemed to be that the people who  do the initial                                                              
evaluations have  a lot  of influence in  the process. He  said he                                                              
believes SB  302 is moving  in a good  direction and that  he will                                                              
have to trust  professional judgment about the  balances this bill                                                              
strikes. He  asked participants to keep  in mind that the  goal is                                                              
to increase the  quality of mental health professionals.  He noted                                                              
that  the  lack  of  funding in  rural  areas  and  difficulty  in                                                              
providing decent coverage  across the state should not  be used as                                                              
an excuse to change  the laws. He said that does  not appear to be                                                              
the reason for SB 302 but it is of concern.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  said with  no further  testimony or comments,  he                                                              
would entertain a motion.                                                                                                       
                                                                                                                                
SENATOR  COWDERY  moved  to  pass   SB  302  from  committee  with                                                              
individual recommendations.  There being no objection,  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR  said he  is seriously  concerned about  the issue                                                              
raised by Senator Therriault that  there be some limitation placed                                                              
on  two provisions  within  SB 231.  The  first  is the  unlimited                                                              
aspect  of authorization  and whether  some  parameters should  be                                                              
placed on  that provision.  The second concern  is whether  or not                                                              
the bill should contain an automatic  ratchet on the 3 percent. He                                                              
felt  that is  a fiscal  matter that  should  be taken  up by  the                                                              
Senate Finance  Committee. He  then announced  that he  would hold                                                              
the bill in committee and bring it  up again the following day and                                                              
adjourned the meeting at 2:58 p.m.                                                                                              

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