Legislature(2023 - 2024)BUTROVICH 205

03/10/2023 01:30 PM Senate JUDICIARY

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01:32:27 PM Start
01:33:07 PM SB53
02:15:13 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 53 FIVE-YEAR INVOLUNTARY COMMITMENTS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 10, 2023                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Matt Claman, Chair                                                                                                      
Senator Jesse Kiehl, Vice Chair                                                                                                 
Senator James Kaufman                                                                                                           
Senator Cathy Giessel                                                                                                           
Senator Löki Tobin                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 53                                                                                                              
"An Act relating to involuntary civil commitments."                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  53                                                                                                                  
SHORT TITLE: FIVE-YEAR INVOLUNTARY COMMITMENTS                                                                                  
SPONSOR(s): SENATOR(s) CLAMAN                                                                                                   
                                                                                                                                
02/01/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/23       (S)       HSS, JUD                                                                                               
02/21/23       (S)       HSS AT 3:30 PM BUTROVICH 205                                                                           
02/21/23       (S)       Heard & Held                                                                                           
02/21/23       (S)       MINUTE(HSS)                                                                                            
02/28/23       (S)       HSS AT 3:30 PM BUTROVICH 205                                                                           
02/28/23       (S)       Heard & Held                                                                                           
02/28/23       (S)       MINUTE(HSS)                                                                                            
03/09/23       (S)       HSS AT 3:30 PM BUTROVICH 205                                                                           
03/09/23       (S)       Moved CSSB 53(HSS) Out of Committee                                                                    
03/09/23       (S)       MINUTE(HSS)                                                                                            
03/10/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
EMMA POTTER, Staff                                                                                                              
Senator Matt Claman                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided the sectional  analysis for SB 53 on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
ANGELA HARRIS, representing self                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided invited testimony in  support of SB
53.                                                                                                                             
                                                                                                                                
KATHLEEN WEDEMEYER, Deputy Director                                                                                             
Citizens Commission on Human Rights                                                                                             
Seattle, Alaska                                                                                                                 
POSITION STATEMENT: Testified in opposition to SB 53.                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:27 PM                                                                                                                    
CHAIR MATT CLAMAN called the  Senate Judiciary Standing Committee                                                             
meeting to order  at 1:32 p.m. Present at the  call to order were                                                               
Senators Kiehl, Kaufman, Tobin, Giessel, and Chair Claman.                                                                      
                                                                                                                                
            SB  53-FIVE-YEAR INVOLUNTARY COMMITMENTS                                                                        
                                                                                                                                
     [CSSB 53(HSS), work order 33-LS0172/S, was before the                                                                      
                          committee.]                                                                                           
                                                                                                                                
1:33:07 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration  of SENATE BILL  NO. 53                                                               
"An Act relating to involuntary civil commitments."                                                                             
                                                                                                                                
CHAIR CLAMAN stated that  he was the sponsor of SB  53 and he was                                                               
turning the  gavel over to  Vice-Chair Kiehl for the  duration of                                                               
the bill presentation.                                                                                                          
                                                                                                                                
1:33:25 PM                                                                                                                    
VICE-CHAIR KIEHL asked the sponsor to begin his remarks.                                                                        
                                                                                                                                
1:33:43 PM                                                                                                                    
SENATOR MATT  CLAMAN, District H,  speaking as sponsor of  SB 53,                                                               
introduced  the legislation  speaking to  the following  prepared                                                               
testimony.                                                                                                                      
                                                                                                                                
       Our office began working on Senate Bill 53 at the                                                                        
     request of other legislators in response to the tragic                                                                     
     experience  of a  constituent in  our district.  Angela                                                                    
     Harris  is  here today  to  share  her story  with  the                                                                    
     committee  at the  conclusion of  our presentation  and                                                                    
     sectional analysis.                                                                                                        
                                                                                                                                
     Angela was  returning books to  the Loussac  Library in                                                                    
     Anchorage  when a  man  stabbed her  in  the back.  The                                                                    
     perpetrator had attacked two other  women less than two                                                                    
     months earlier and  was released by the  court after he                                                                    
     was found  incompetent to stand trial.  We believe this                                                                    
     individual  should  not  have   been  released  to  the                                                                    
     community.  A petition  for  an involuntary  commitment                                                                    
     should have been  filed based on his  prior attacks and                                                                    
     his  psychiatric condition  that made  him a  danger to                                                                    
     the community.                                                                                                             
                                                                                                                                
     Senate Bill  53 deals with  Title 12, which  is related                                                                    
     to criminal charges, and Title  47, which is related to                                                                    
     civil proceedings.                                                                                                         
                                                                                                                                
     The   determination  of   whether   an  individual   is                                                                    
     competent or  incompetent to  stand trial,  in addition                                                                    
     to restoration to competency  if deemed incompetent, is                                                                    
     a process set out in  the Code of Criminal Procedure in                                                                    
     Title 12. The standard  for determining an individual's                                                                    
     competency to stand trial is  found both in statute and                                                                    
     in   a  long   history  of   case  law.   A  simplified                                                                    
     explanation  of competency,  is whether  the individual                                                                    
     understands the charges against  them, can assist their                                                                    
     lawyer, and  is therefore able  to plead guilty  or not                                                                    
     guilty to the charges.                                                                                                     
                                                                                                                                
     Competency is  not a  defense and  is unrelated  to the                                                                    
     mental  state of  the  individual at  the  time of  the                                                                    
     crime. In  order to protect constitutional  due process                                                                    
     rights  of individuals  in our  legal system,  a person                                                                    
     who is  incompetent to stand trial  cannot be convicted                                                                    
     of  a crime.  This rule  is  because a  person has  the                                                                    
     right  to  understand the  crime  with  which they  are                                                                    
     charged and the consequences  of the crime they've been                                                                    
     charged with.                                                                                                              
                                                                                                                                
     A separate  process is used for  involuntary commitment                                                                    
     in   Title    47   Welfare,   Social    Services,   and                                                                    
     Institutions. The  standard for  involuntary commitment                                                                    
     is whether an  individual, as a result  of their mental                                                                    
     illness, is a danger to themselves or others.                                                                              
                                                                                                                                
     Senate Bill  53 creates  a duty  for the  Department of                                                                    
     Law to  file a petition seeking  involuntary commitment                                                                    
     when: a  defendant is found incompetent  to stand trial                                                                    
     at the  expiration of the  final period  for competency                                                                    
     restoration,  the defendant  is charged  with a  felony                                                                    
     offense against  the person or arson,  and they present                                                                    
     a danger to themselves or others.                                                                                          
                                                                                                                                
1:36:33 PM                                                                                                                    
     In   our  conversations   with  Angela,   we  grew   to                                                                    
     understand the  direct impact  current statute  has had                                                                    
     on her ability  to find the assurance  she needs moving                                                                    
     forward.   The  legislation   before  you   creates  an                                                                    
     involuntary hold  of up to  five years  for individuals                                                                    
     who meet the following qualifications:                                                                                     
                                                                                                                                
     They have  been found incompetent  to stand trial  on a                                                                    
     felony offense against the person or arson                                                                                 
                                                                                                                                
     They  have  been   previously  subject  to  involuntary                                                                    
     commitment orders for 30, 90, and 180-day holds                                                                            
                                                                                                                                
     They  have a  history  of felony  offenses against  the                                                                    
     person or arson                                                                                                            
                                                                                                                                
     And they present a danger to themselves or others                                                                          
                                                                                                                                
     The  five  year  hold  for  individuals  who  meet  the                                                                    
     standards  (incompetency finding  on  a felony  offense                                                                    
     against the person or arson,  previously subject to 30,                                                                    
     90, 180-day  holds, and present a  danger to themselves                                                                    
     or others) reflects the reality  that there are a small                                                                    
     number of individuals who, as  a result of their mental                                                                    
     illness,  present a  danger and  are  not suitable  for                                                                    
     community-based  treatment  options.   Senate  Bill  53                                                                    
     proposes a  hold of  up to five  years for  the limited                                                                    
     number  of individuals  who need  long term  treatment.                                                                    
     The   longer   commitment   period  will   have   fewer                                                                    
     disruptions for  mandatory court  proceedings and  is a                                                                    
     shorter   period   than   the  indefinite   period   of                                                                    
     involuntary commitment  that applies  when a  person is                                                                    
     found  not  guilty  by  reason  of  insanity  under  AS                                                                    
     12.47.090.                                                                                                                 
                                                                                                                                
     As a  matter of  protecting the  due process  rights of                                                                    
     individuals in the State of  Alaska's care, Senate Bill                                                                    
     53 includes  language that the respondent  may petition                                                                    
     for early discharge.  The court must find,  in order to                                                                    
     grant  a   petition  for  early  discharge,   that  the                                                                    
     respondent  is  no  longer  a  risk  to  themselves  or                                                                    
     others.                                                                                                                    
                                                                                                                                
1:38:25 PM                                                                                                                    
     The legislation  adds notification for victims  of: the                                                                    
     time  and place  of the  civil commitment  hearing; the                                                                    
     length of  time for which the  respondent is committed;                                                                    
     and when the respondent  is discharged from commitment.                                                                    
     SB   53   creates   a  five-year   commitment   option.                                                                    
     Persistent   court    hearings   are    stressful   for                                                                    
     individuals    suffering   from    severe   psychiatric                                                                    
     illnesses.  A commitment  option  of up  to five  years                                                                    
     will allow  for longer term treatment  plans and better                                                                    
     coordination of care.                                                                                                      
                                                                                                                                
     Senate   Bill   53   also   reduces   the   number   of                                                                    
     psychiatrists    and    psychologists   required    for                                                                    
     evaluation under the insanity  defense from two to one;                                                                    
     adds a  requirement that attorneys must  file a written                                                                    
     motion for a competency  evaluation; increases the time                                                                    
     for  competency restoration  from one  to two  years in                                                                    
     serious cases; and provides that  the court can release                                                                    
     defendants   on   bail  for   competency   examination,                                                                    
     evaluation, and treatment.                                                                                                 
                                                                                                                                
1:39:39 PM                                                                                                                    
EMMA POTTER, Staff, Senator Claman, Alaska State Legislature,                                                                   
Juneau, Alaska, presented the sectional analysis for SB 53 on                                                                   
behalf of the sponsor.                                                                                                          
                                                                                                                                
     Section 1                                                                                                                
     AS 12.47.070. Psychiatric examination                                                                                      
     Amends  subsection (a)  of AS  12.47.070 to  reduce the                                                                    
     number  of  qualified  psychiatrists  or  psychologists                                                                    
     from two  to one  for evaluation under  the affirmative                                                                    
     defense of  insanity. And removes the  requirement that                                                                    
     the forensic psychologist is  certified by the American                                                                    
     Board of Forensic Psychology.                                                                                              
                                                                                                                                
     Section 2                                                                                                                
     AS 12.47.100. Incompetency to proceed                                                                                      
     Amends  subsection (b)  of AS  12.47.100 by  adding the                                                                    
     requirement that the  motion for judicial determination                                                                    
     of competency must be a written motion.                                                                                    
                                                                                                                                
     Section 3                                                                                                                
     AS 12.47.100. Incompetency to proceed                                                                                      
     Adds  new subsections  (i), and  (j)  to AS  12.47.100.                                                                    
     Subsection  (i) states  that the  court  may release  a                                                                    
     defendant  on  bail to  be  examined  at an  outpatient                                                                    
     clinic  or other  facility under  AS 12.30.  Subsection                                                                    
     (j)  states  that  when  a  qualified  psychiatrist  or                                                                    
     psychologist   is   conducting   an   examination   for                                                                    
     competency under (b) of this  section, they may, at the                                                                    
     same time, evaluate the  defendant to determine whether                                                                    
     the  defendant  meets  the  standards  for  involuntary                                                                    
     commitment.                                                                                                                
                                                                                                                                
     Section 4                                                                                                                
     AS 12.47.110. Commitment on finding of incompetency                                                                        
     Amends subsection  (b) of AS 12.47.110  to increase the                                                                    
     maximum  total  time  for competency  restoration  hold                                                                    
     from  one  year to  two  years  when the  defendant  is                                                                    
     charged with  a crime involving force  against a person                                                                    
     and  the  court finds  that  the  defendant presents  a                                                                    
     substantial danger of physical  injury to other persons                                                                    
     and that  there is  a substantial probability  that the                                                                    
     defendant  will  regain   competency.  This  change  is                                                                    
     reflected by amending "six" months to "18" months.                                                                         
                                                                                                                                
     Section 5                                                                                                                
     AS 12.47.110. Commitment on finding of incompetency                                                                        
     Adds  new   subsections  (f),  (g),   and  (h)   to  AS                                                                    
     12.47.110.  Subsection (f)  states that  the court  may                                                                    
     release a defendant on bail  for further evaluation and                                                                    
     treatment  at an  outpatient clinic  or other  facility                                                                    
     under  AS  12.30.  Subsection  (g)  requires  that  the                                                                    
     prosecutor shall  provide the  court's findings  to the                                                                    
     division   of   the   Department  of   Law   that   has                                                                    
     responsibility for  civil cases within 24  hours of the                                                                    
     court's  ruling  and  adds  the  requirement  that  the                                                                    
     Department   of  Law   must  file   the  petition   for                                                                    
     involuntary   commitment  within   72   hours  of   the                                                                    
     dismissal of  charges. And  subsection (h)  states that                                                                    
     when  the court  dismisses the  charges, the  defendant                                                                    
     may not  be discharged until  72 hours after  the court                                                                    
     dismisses the charges.                                                                                                     
                                                                                                                                
     Section 6                                                                                                                
     AS 47.30.725. Rights; notification                                                                                         
     Adds  new  subsections (g)  and  (h)  to AS  47.30.725,                                                                    
     which create notification provisions  for the victim of                                                                    
     the  dismissed  criminal  case. Subsection  (g)  states                                                                    
     that  the victim  shall be  notified of:  the time  and                                                                    
     place of a  civil commitment hearing; of  the length of                                                                    
     time  for   which  the  respondent  is   committed  and                                                                    
     findings  of  fact made  by  the  court; and  when  the                                                                    
     respondent  is discharged  from commitment.  Subsection                                                                    
     (h)  states  that  subsection (g)  does  not  give  the                                                                    
     victim in a dismissed criminal  case access to a record                                                                    
     or   information   that   is  confidential   under   AS                                                                    
     47.30.845.                                                                                                                 
                                                                                                                                
1:42:22 PM                                                                                                                    
     Section 7                                                                                                                
     AS 47.30.771. Additional five-year commitment                                                                              
     Adds a  new section creating an  additional involuntary                                                                    
     commitment of up  to five years to  AS 47.30.771. Five-                                                                    
     year commitment  petitions are filed at  the expiration                                                                    
     of  180-day commitments  for individuals  who meet  the                                                                    
     following criteria: the respondent  is mentally ill and                                                                    
     as a result is likely to  cause harm to self or others;                                                                    
     the  respondent  has  a   history  of  felony  offenses                                                                    
     against  a   person  under  AS  11.41   or  arson;  the                                                                    
     respondent has  been found  incompetent to  stand trial                                                                    
     under AS  12.47.100 and 12.47.110 for  a felony offense                                                                    
     against  a   person  under  AS  11.41   or  arson;  and                                                                    
     commitment of the respondent for  greater than 180 days                                                                    
     but  not  greater  than  five  years  is  necessary  to                                                                    
     protect the public.                                                                                                        
                                                                                                                                
     Clarifies  that  findings  of   fact  relating  to  the                                                                    
     respondent's behavior made at  30-day, 90-day, and 180-                                                                    
     day commitment  hearings shall be admitted  as evidence                                                                    
     and may  not be  rebutted except that  newly discovered                                                                    
     evidence may be  used for the purpose  of rebutting the                                                                    
     findings.  It instructs  the  department  to submit  an                                                                    
     annual   report  to   the   attorney  general,   public                                                                    
     defender,  public advocate,  Alaska  Court System,  and                                                                    
     the attorney of record  of the respondent detailing how                                                                    
     many respondents  are committed under this  section and                                                                    
     how much time remains on each order of commitment.                                                                         
                                                                                                                                
     Section 8                                                                                                                
     AS 47.30.780. Early discharge                                                                                              
     Amends  subsection  (a)  of  AS  47.30.780  to  include                                                                    
     reference to new subsection (c) of this section.                                                                           
                                                                                                                                
     Section 9                                                                                                                
     AS 47.30.780. Early discharge                                                                                              
     Adds new subsections (c), (d),  and (e) to AS 47.30.780                                                                    
     which add the requirement  that the professional person                                                                    
     in   charge   may   not  discharge   respondents   from                                                                    
     involuntary  commitment  unless  the  court  enters  an                                                                    
     order    officially    terminating   the    involuntary                                                                    
     commitment  after a  hearing. This  section requires  a                                                                    
     court  decision  on  discharge  of  a  respondent  from                                                                    
     involuntary commitment.                                                                                                    
                                                                                                                                
     Section 10                                                                                                               
     AS  47.30.805. Computation,  extension, and  expiration                                                                    
     of periods of time                                                                                                         
     Amends  section (a)  of AS  47.30.805 to  include five-                                                                    
     year   commitments.  It   states  that   the  five-year                                                                    
     commitment  period expires  at  the end  of five  years                                                                    
     after the 180-day period of treatment.                                                                                     
                                                                                                                                
     Section 11                                                                                                               
     Indirect Court Rule Amendments                                                                                             
     Conforms court rule with Section  2 of the legislation,                                                                    
     which  requires  attorneys to  file  a  motion that  is                                                                    
     written in their requests for competency evaluation.                                                                       
                                                                                                                                
     Section 12                                                                                                               
     Conditional Effect                                                                                                         
     Adds conditional effect language  based on the indirect                                                                    
     court rule change.                                                                                                         
                                                                                                                                
1:44:40 PM                                                                                                                    
VICE-CHAIR  KIEHL  asked  committee   members  whether  they  had                                                               
questions or concerns.                                                                                                          
                                                                                                                                
SENATOR  KAUFMAN noted  the concerns  expressed  in the  previous                                                               
committee  were about  the legislation  inadvertently creating  a                                                               
trap for  individuals unable to  access due process.  He wondered                                                               
if the legislation offered the  optimal solution. He asked if the                                                               
bill  provides mechanisms  for  individuals  who find  themselves                                                               
inappropriately incarcerated under the new statute.                                                                             
                                                                                                                                
SENATOR CLAMAN  spoke to the  Title 47 aspects, which  involve an                                                               
individual whose  criminal charges  were dismissed,  leaving them                                                               
held with  a civil commitment.  He affirmed that  the legislation                                                               
contains substantial  and adequate  due process  protections. One                                                               
such protection involves a mandatory  hearing before enacting any                                                               
length of  hold. The hearing  must display  satisfactory evidence                                                               
that  the individual  is a  danger  to themselves  or others  and                                                               
should be  committed involuntarily  to the  department's custody.                                                               
The same  standard applies to  each subsequent  hearing. Hearings                                                               
occur  at  intervals   of  60  days,  90  days,   180  days,  and                                                               
potentially 5 years. The standard  will be applied each time, and                                                               
if a  respondent disagreed  with the  finding, they  could appeal                                                               
the decision at each interval to the Alaska Supreme Court.                                                                      
                                                                                                                                
CHAIR CLAMAN  continued to  explain that  a person  appealing the                                                               
decision  has  the  right  to  file  an  annual  petition  to  be                                                               
released.  The  petition  requires   the  court  to  examine  the                                                               
standards  existing for  the initial  commitment.  He added  that                                                               
care  providers  must  reach  a conclusion  that  the  person  is                                                               
eligible for  community treatment;  that decision  is made  on an                                                               
ongoing basis.                                                                                                                  
                                                                                                                                
1:48:18 PM                                                                                                                    
SENATOR  KAUFMAN said  he appreciated  the information  about the                                                               
process. He spoke  about the reduction in the  required number of                                                               
opinions needed and the removal  of certification requirement. He                                                               
wondered if  the bill  lowered the  bar to  remove certifications                                                               
and lessen the number of professional opinions.                                                                                 
                                                                                                                                
SENATOR CLAMAN responded  that changing the number  of experts is                                                               
a portion in  Title 12, the code of criminal  procedure. The code                                                               
is  specific  to  a  situation where  an  individual  raises  the                                                               
defense of insanity. He highlighted  Title 47 provisions relating                                                               
to  involuntary  commitment.  The  bill retains  the  number  and                                                               
qualifications  of the  experts  involved in  the evaluation.  He                                                               
explained that  the change  occurs in Title  12 when  a defendant                                                               
raises the defense  of insanity. When the defense  of insanity is                                                               
raised,  the criminal  code  requires the  court  to appoint  two                                                               
different  credentialed professionals  to independently  evaluate                                                               
the insanity  defense. He noted  that a defendant who  raises the                                                               
defense of insanity does not  rely on the court appointed expert.                                                               
The defendant  typically hires their  own expert.  The two-expert                                                               
scenario is  redundant because  the opinions  are unlikely  to be                                                               
substantially  different  and  the  parties are  more  likely  to                                                               
retain their own experts.                                                                                                       
                                                                                                                                
1:51:56 PM                                                                                                                    
SENATOR  CLAMAN  remarked that  the  changes  in the  number  and                                                               
credentials  of   experts  are  not  applicable   to  involuntary                                                               
commitment.  The   provisions  changing  the  number   of  expert                                                               
opinions required  from two  to one are  narrowly focused  on the                                                               
rare  occasions when  a person  raises the  insanity defense.  He                                                               
shared a personal  story about a case where  the insanity defense                                                               
was  raised. In  that case,  the  judge appointed  one doctor  to                                                               
evaluate  the  defendant,  but   the  requirement  specified  two                                                               
doctors. He  requested that  the judge  appoint a  second doctor,                                                               
but  in trial  he relied  on the  expert he  retained versus  the                                                               
court appointed physicians.                                                                                                     
                                                                                                                                
SENATOR CLAMAN discussed the change  of qualifications, which Mr.                                                               
John Skidmore  in the prosecutor's office  suggested. Alaska does                                                               
not  have  properly  certified psychologists,  which  forces  the                                                               
court to  seek an out-of-state  opinion. He held  the perspective                                                               
that the change in necessary  qualifications encourages the state                                                               
to  retain   a  psychiatrist  or  psychologist   with  sufficient                                                               
expertise  to qualify  under the  court  standards. He  expressed                                                               
confidence   that  Alaskan   judges  will   seek  qualified   and                                                               
experienced professionals.                                                                                                      
                                                                                                                                
1:53:11 PM                                                                                                                    
SENATOR TOBIN  asked about the  requirement for a  written motion                                                               
in Section 2.                                                                                                                   
                                                                                                                                
SENATOR  CLAMAN  replied  that  Mr.  Skidmore  suggested  that  a                                                               
written  motion  requires   additional  intention  when  pleading                                                               
insanity. The written requirement  also creates a clearer record.                                                               
He viewed the change as a small procedural requirement.                                                                         
                                                                                                                                
1:54:18 PM                                                                                                                    
VICE-CHAIR KIEHL asked the sponsor  to provide additional context                                                               
for  the committee.  He saw  three opportunities  for a  judge to                                                               
ascertain mental ability. The  three opportunities are competency                                                               
to  stand  trial,   guilt  by  reason  of   insanity,  and  civil                                                               
commitment for mental status.                                                                                                   
                                                                                                                                
SENATOR  CLAMAN responded  with an  example cited  in the  Senate                                                               
Health  and  Social  Services Standing  Committee  involving  the                                                               
historical case of John Hinckley.  He reminded the committee that                                                               
John Hinckley  attempted to  assassinate President  Ronald Reagan                                                               
and  shot  one of  the  cabinet  secretaries, James  Brady.  John                                                               
Hinkley was charged criminally, and  the legal counsel raised the                                                               
defense of insanity. He expounded  that the difference between an                                                               
insanity  and  incompetency  defense  is  whether  the  defendant                                                               
understands the charges against them  and can assist their lawyer                                                               
in making an informed decision about the plea.                                                                                  
                                                                                                                                
SENATOR  CLAMAN explained  that  when an  attorney is  confronted                                                               
with  an individual  who is  unable to  understand communication,                                                               
the lawyer  could raise incompetency. Raising  incompetency means                                                               
that  the defendant's  mental  status is  such  that they  cannot                                                               
provide meaningful  assistance or  be held responsible  for their                                                               
behavior in  the context  of the criminal  law. John  Hinkley did                                                               
not  raise  incompetence  because  he was  articulate  enough  to                                                               
communicate with the lawyers about  his defense. Raising insanity                                                               
indicates that  the person was insane  at the time of  the crime,                                                               
meaning  that  the  case  would  go to  trial  with  a  competent                                                               
defendant. He  furthered that there  were two sides to  a defense                                                               
of insanity,  one portion where  a person is guilty  and mentally                                                               
ill and  another portion where a  person is not guilty  by reason                                                               
of insanity.                                                                                                                    
                                                                                                                                
SENATOR CLAMAN furthered  that Alaska made changes  in 1980 after                                                               
a  case in  Anchorage where  an  individual on  release from  the                                                               
Alaska Psychiatric  Institute (API) killed two  people in Russian                                                               
Jack  Springs  Park  and  was  found  not  guilty  by  reason  of                                                               
insanity.  The  case prompted  the  Alaska  State Legislature  to                                                               
revise criminal  statutes. Insanity is  a defense at trial  for a                                                               
person  who is  competent. If  a successful  insanity defense  is                                                               
raised, the  charges are  over because they  are not  guilty. The                                                               
case is  sent to API  for an  indefinite hold. He  clarified that                                                               
today's   statute  states   that  an   individual  can   be  held                                                               
indefinitely  versus the  proposed five-year  hold in  SB 53.  He                                                               
noted  that  the  involuntary commitment  is  applicable  when  a                                                               
person who  is incompetent  to stand  trial following  efforts to                                                               
restore  the  person  to competency  is  subject  to  involuntary                                                               
commitment under Title 47.                                                                                                      
                                                                                                                                
VICE-CHAIR KIEHL  said he appreciated the  additional context. He                                                               
posed the quandary  of civil liberties and  public protection. He                                                               
examined the  idea of  a person  who is not  guilty by  reason of                                                               
insanity as compared  to a person incompetent to  stand trial. He                                                               
understood that  SB 53  addresses a  person incompetent  to stand                                                               
trial  and   the  legislature  must  determine   the  element  of                                                               
protection of the public.                                                                                                       
                                                                                                                                
2:00:20 PM                                                                                                                    
SENATOR CLAMAN  agreed that  the bill makes  some changes  to the                                                               
competency  restoration  process.  He noted  that  currently  the                                                               
maximum period a person could  be held for competency restoration                                                               
is one  year. For people that  meet a higher standard  of danger,                                                               
SB 53 would  have the court hold  the person for up  to two years                                                               
in  an effort  to  restore them  to  competency. The  involuntary                                                               
commitment  proceedings  would  apply   to  an  individual  found                                                               
incompetent and  the efforts to  restore them to  competency have                                                               
been unsuccessful.                                                                                                              
                                                                                                                                
2:01:08 PM                                                                                                                    
VICE-CHAIR KIEHL asked  about the five-year hold  proposed in the                                                               
bill.  The  five-year  hold is  currently  unavailable  in  civil                                                               
commitments but  is applicable to  a person with a  prior history                                                               
of  harming others  at a  felony  level. He  stated that  Senator                                                               
Claman  nodded in  response to  his question.  He noted  that the                                                               
potential  to  hold  an  individual for  an  extended  period  is                                                               
available in situations  where risk of harm to self  or others is                                                               
determined. He  asked why the  five-year hold was  applicable for                                                               
risk  of harm  to  self. He  wondered why  the  language did  not                                                               
specify risk of harm to others.                                                                                                 
                                                                                                                                
SENATOR CLAMAN responded  that the analysis is  structured in two                                                               
parts.  He noted  that Alaska  statutes lacked  criminal offenses                                                               
for attempting  suicide. The  five-year commitment  range applies                                                               
to people with a history of  felony offenses against a person for                                                               
arson. He  furthered that a person  with a history of  efforts to                                                               
harm  themselves  would  never  meet  the  qualifications  to  be                                                               
subject to the five-year hold.  He explained that the bill refers                                                               
to harm  to self  or others  because of  the standard  applied by                                                               
doctors   when   evaluating   an   individual   for   involuntary                                                               
commitment.   The  legislation   attempts  to   help  the   court                                                               
understand the standard applied.                                                                                                
                                                                                                                                
2:04:43 PM                                                                                                                    
ANGELA  HARRIS, representing  self,  Anchorage, Alaska,  provided                                                               
invited testimony  in favor of SB  53. She shared the  story that                                                               
prompted the drafting of the legislation.                                                                                       
                                                                                                                                
     For  the  record,  my  name is  Angela  Harris.  I  was                                                                    
     stabbed while  returning borrowed items at  the Loussac                                                                    
     Library on Sunday afternoon, February 13, 2022.                                                                            
                                                                                                                                
     I have met  with most of you and  provided testimony to                                                                    
     you in  the previous committee.  I want to  provide the                                                                    
     details of my experience for  the record and respond to                                                                    
     some  parts of  the  conversations I  have been  having                                                                    
     with you in the Capitol this week.                                                                                         
                                                                                                                                
     •  My assailant,  Corey Leif  Ahkivgak,  drove a  dirty                                                                    
     Leatherman  knife  into my  spine  between  L2 and  L3,                                                                    
     penetrating my spinal cord.                                                                                                
                                                                                                                                
     • Mr.  Ahkivgak was located  and arrested by  APD later                                                                    
     that afternoon, while I  was awaiting emergency surgery                                                                    
     to  remove the  knife and  blood clots  that damaged  a                                                                    
     nerve bundle in my spinal cord.                                                                                            
                                                                                                                                
     • The  stabbing left me  paralyzed from the  waist down                                                                    
     and with  decreased strength and sensation  in my upper                                                                    
     extremities.                                                                                                               
                                                                                                                                
     •  I was  unable  to  live in  my  home  until we  made                                                                    
     modifications  in  our  house  to  become  handicapped-                                                                    
     accessible and safe for me to navigate.                                                                                    
                                                                                                                                
     • My parents  flew in from the Lower 48  to live in our                                                                    
     home  with my  two youngest  children  for 8  months.?My                                                                   
     significant other  had to quit  his slope job to  be my                                                                    
     primary caretaker.                                                                                                         
                                                                                                                                
     •  I am  now on  a long  road to  recovery. I  attended                                                                    
     physical  therapy and  occupational  therapy  5 days  a                                                                    
     week for approximately  9 months. I see  a counselor no                                                                    
     less than  twice a week  to help work through  the PTSD                                                                    
     of my assault.                                                                                                             
                                                                                                                                
     • Mr.  Ahkivgak has a  history of assaulting  women. In                                                                    
     2018, he  violently attacked his  mother with  a frying                                                                    
     pan.                                                                                                                       
                                                                                                                                
     • He attacked two other women on December 10, 2021.                                                                        
                                                                                                                                
     • He  was declared incompetent and  not restorable, and                                                                    
     he  was released  back to  the public  on January  6th,                                                                    
     2022.                                                                                                                      
                                                                                                                                
     •  On   February  10th,  2022,  he   was  arrested  for                                                                    
     trespassing at Captain Cook Hotel.                                                                                         
                                                                                                                                
     •  He  then stabbed  me  on  February 13th,  2022,  was                                                                    
     declared  incompetent, and  may be  released back  into                                                                    
     the public after  his next competency hearing  in a few                                                                    
     months.                                                                                                                    
                                                                                                                                
     •  We need  improvements to  the State's  mental health                                                                    
     system, particularly  regarding violent  offenders, and                                                                    
     we  need to  close the  loophole in  current laws  that                                                                    
     allow  people  to  commit violent  crimes  only  to  be                                                                    
     released  back into  our community.  It  should not  be                                                                    
     left up to the victims  to pursue a civil commitment if                                                                    
     their assailant is being  released due to incompetence.                                                                    
     Senate  Bill  53  closes this  loophole  for  dangerous                                                                    
     individuals like Mr. Ahkivgak.                                                                                             
                                                                                                                                
     Senate Bill  53 is written  to target the  narrow group                                                                    
     of individuals like the man  who assaulted me. It is my                                                                    
     belief that jail is an  inappropriate placement for Mr.                                                                    
     Ahkivgak, given his serious mental  illness. But as the                                                                    
     survivor of his assault,  I also believe that community                                                                    
     placement is an inappropriate option.                                                                                      
                                                                                                                                
     I  have  heard  the  concerns  about  protecting  civil                                                                    
     liberties  in  this  legislation,   and  I  share  your                                                                    
     concerns. We  must prioritize the rights  of victims to                                                                    
     live   safely  in   our   communities  while   allowing                                                                    
     individuals who need long term care to receive it.                                                                         
                                                                                                                                
     And  we need  to give  victims  more peace.  As I  work                                                                    
     toward healing,  it is  difficult for  me to  live with                                                                    
     the reality that my assailant  could be released at the                                                                    
     next 180-day hearing.                                                                                                      
                                                                                                                                
     I attended  several block hearings and  was appalled at                                                                    
     how  often  individuals   were  released  from  custody                                                                    
     simply because the "wait list"  for restitution was too                                                                    
     long and violated the offender's civil liberties.                                                                          
                                                                                                                                
          I am a firm believer that everything happens for                                                                      
          a reason, and  I know Jesus would not  have put me                                                                    
          in this position if I could not handle it.                                                                            
                                                                                                                                
          With that being said, I intend to share my story                                                                      
          while  I  continue   to  attend  occupational  and                                                                    
          physical therapy  appointments to  physically heal                                                                    
          with hopes  of reducing  the amount  of senseless,                                                                    
          violent assaults.                                                                                                     
                                                                                                                                
          If I were not on active duty with the US Coast                                                                        
          Guard  at the  time of  my assault,  I would  have                                                                    
          very  limited  resources  and cannot  imagine  the                                                                    
          ruins  other  victims  have  experienced.  As  the                                                                    
          perpetrator,   Mr.  Ahkivgak   has  more   rights,                                                                    
          options, and  resources at his disposal  than I do                                                                    
          as his victim.                                                                                                        
                                                                                                                                
          My assault is an example of why we need to build                                                                      
          out mental  health facilities  and our  state laws                                                                    
          to get  violent offenders  the help they  need and                                                                    
          keep communities safe.                                                                                                
                                                                                                                                
          API serves our entire state, yet they are                                                                             
          operating  on  a  very  limited  capacity  with  a                                                                    
          maximum  of 80  beds with  only 10  designated for                                                                    
          restoration.?I've learned that the number  of beds                                                                    
          actually available  have been  far less  than that                                                                    
          at times, and  API has had periods  operating at a                                                                    
          very decreased capacity.                                                                                              
                                                                                                                                
          We must address the common element of inadequate                                                                      
          mental health  services for violent  offenders and                                                                    
          their victims.                                                                                                        
                                                                                                                                
          I just shared with you my experience and                                                                              
          navigation  through  this  process; I  share  this                                                                    
          with  you and  all  fellow  Alaskans to  emphasize                                                                    
          that  we  must  close  the  loopholes  that  allow                                                                    
          violent  offenders  to   victimize  more  innocent                                                                    
          Alaskans.                                                                                                             
                                                                                                                                
     The moment an offender commits  a violent act against a                                                                    
     fellow  citizen then  their  rights  should be  weighed                                                                    
     against the victim's rights to safety.                                                                                     
                                                                                                                                
     I  understand  raising concerns,  but  I  ask that  you                                                                    
     please  answer your  concerns with  a  solution to  the                                                                    
     problem, rather than empty words.                                                                                          
                                                                                                                                
     The bill  presented here today  is the  opportunity for                                                                    
     you, in  your elected  positions, make?changes that are                                                                    
     beneficial   for  all   Alaskans,  whether   victim  or                                                                    
     offender. This  bill is  a good  starting point,  and I                                                                    
     encourage each  of you to  learn more about  the issues                                                                    
     and find solutions to prevent  what happened to me from                                                                    
     happening to others.                                                                                                       
                                                                                                                                
2:10:40 PM                                                                                                                    
VICE-CHAIR KIEHL returned the gavel to Chair Claman.                                                                            
                                                                                                                                
2:11:31 PM                                                                                                                    
CHAIR CLAMAN opened public testimony on SB 53.                                                                                  
                                                                                                                                
2:11:56 PM                                                                                                                    
KATHLEEN  WEDEMEYER,  Deputy  Director,  Citizens  Commission  on                                                               
Human Rights, Seattle, Washington,  testified in opposition to SB
53.  She  stressed   that  the  crime  Ms.   Harris  endured  was                                                               
horrendous and  she understood the  legal response  attempting to                                                               
protect people  in similar situations. She  questioned the reason                                                               
that the  legislation included individuals  who had  committed no                                                               
crime but  were determined  to be  mentally ill  and a  danger to                                                               
themselves and  others. She  asked why a  person was  included in                                                               
the  five-year commitment  period  if they  had  not committed  a                                                               
felony. She  stated that  people who  attempted suicide  would be                                                               
subject  to this.  She encouraged  further  clarification of  the                                                               
intention.                                                                                                                      
                                                                                                                                
MS.  WEDEMEYER stated  that the  national standard  for long-term                                                               
commitment  is six  months, which  provides individuals  with the                                                               
opportunity to  plead their case before  a judge. Under SB  53, a                                                               
person can request  early release once per year.  She stated that                                                               
the  balance  of  power  for  mental  patients  was  uneven.  She                                                               
stressed  additional research  and fact  finding before  swelling                                                               
overfilled  facilities.   She  spoke  to  the   idea  of  medical                                                               
appropriateness based  on diagnosis where  a six month  period is                                                               
better  suited than  the  proposed five  years.  She opined  that                                                               
legal challenges would follow if the bill were to become law.                                                                   
                                                                                                                                
2:14:29 PM                                                                                                                    
CHAIR CLAMAN closed  public testimony on SB 53 and  held the bill                                                               
in committee.                                                                                                                   
                                                                                                                                
2:15:13 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Claman  adjourned the  Senate Judiciary  Standing Committee                                                               
meeting at 2:15 p.m.                                                                                                            

Document Name Date/Time Subjects
SB 53 version S 3.10.2023.PDF SJUD 3/10/2023 1:30:00 PM
SJUD 3/29/2023 1:30:00 PM
SB 53
SB 53 Sponsor Statement version S 3.10.2023.pdf SJUD 3/10/2023 1:30:00 PM
SJUD 3/29/2023 1:30:00 PM
SB 53
SB 53 Sectional Analysis version S 3.10.2023.pdf SJUD 3/10/2023 1:30:00 PM
SJUD 3/29/2023 1:30:00 PM
SB 53
SB 53 Explanation of Changes version B to Version S 3.9.2023.pdf SHSS 3/9/2023 3:30:00 PM
SJUD 3/10/2023 1:30:00 PM
SB 53
SB 53 Research - KTUU Article 2.15.2022.pdf SFIN 5/3/2023 9:00:00 AM
SHSS 2/21/2023 3:30:00 PM
SJUD 3/10/2023 1:30:00 PM
SJUD 3/29/2023 1:30:00 PM
SB 53
SB 53 Supporting Document - Frequently Asked Questions 3.10.2023.pdf SFIN 5/3/2023 9:00:00 AM
SJUD 3/10/2023 1:30:00 PM
SJUD 3/29/2023 1:30:00 PM
SB 53
SB 53 Opposing Document - Letters Received as of 3.10.2023.pdf SJUD 3/10/2023 1:30:00 PM