Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/19/2018 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSSB 122(JUD) Out of Committee
Moved HB 312 Out of Committee
-- Public Testimony --
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 19, 2018                                                                                         
                           1:31 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Pete Kelly                                                                                                              
Senator Bill Wielechowski                                                                                                       
Senator Mike Shower                                                                                                             
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 122                                                                                                             
"An  Act repealing  the authority  for a  child abuse  or neglect                                                               
citizen  review panel  in  the Department  of  Health and  Social                                                               
Services; and  establishing the  Child Protection  Citizen Review                                                               
Panel in the office of the ombudsman."                                                                                          
     - MOVED CSSB 122(JUD) OUT OF COMMITTEE                                                                                     
HOUSE BILL NO. 312                                                                                                              
"An Act relating  to arrest without a warrant for  assault in the                                                               
fourth  degree at  a health  care  facility; and  relating to  an                                                               
aggravating factor at  sentencing for a felony  offense against a                                                               
medical professional at a health care facility."                                                                                
     - MOVED HB 312 OUT OF COMMITTEE                                                                                            
SENATE BILL NO. 214                                                                                                             
"An Act authorizing the commissioner  of corrections to establish                                                               
a  correctional industries  program; establishing  a correctional                                                               
industries board;  authorizing the  Department of  Corrections to                                                               
receive  money from  the employment  of prisoners;  and providing                                                               
for an effective date."                                                                                                         
     - HEARD & HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SB 122                                                                                                                  
SHORT TITLE: OCS CITIZEN REVIEW PANEL                                                                                           
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
05/17/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/17/17       (S)       HSS, JUD, FIN                                                                                          
02/26/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/26/18       (S)       Heard & Held                                                                                           
02/26/18       (S)       MINUTE(HSS)                                                                                            
02/28/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/28/18       (S)       Moved SB 122 Out of Committee                                                                          
02/28/18       (S)       MINUTE(HSS)                                                                                            
03/01/18       (S)       HSS RPT  3DP 1NR                                                                                       
03/01/18       (S)       DP: WILSON, VON IMHOF, GIESSEL                                                                         
03/01/18       (S)       NR: BEGICH                                                                                             
03/12/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/18       (S)       Heard & Held                                                                                           
03/12/18       (S)       MINUTE(JUD)                                                                                            
03/19/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
BILL: HB 312                                                                                                                  
SHORT TITLE: CRIMES AGAINST MEDICAL PROFESSIONALS                                                                               
SPONSOR(s): REPRESENTATIVE(s) CLAMAN                                                                                            
01/26/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/18       (H)       JUD                                                                                                    
02/05/18       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/05/18       (H)       Heard & Held                                                                                           
02/05/18       (H)       MINUTE(JUD)                                                                                            
02/07/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/07/18       (H)       Moved HB 312 Out of Committee                                                                          
02/07/18       (H)       MINUTE(JUD)                                                                                            
02/09/18       (H)       JUD RPT 4DP 3AM                                                                                        
02/09/18       (H)       DP:   KOPP,    KREISS-TOMKINS,   STUTES,                                                               
02/09/18       (H)       AM: EASTMAN, LEDOUX, REINBOLD                                                                          
02/16/18       (H)       TRANSMITTED TO (S)                                                                                     
02/16/18       (H)       VERSION: HB 312                                                                                        
02/19/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/18       (S)       JUD                                                                                                    
03/02/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/02/18       (S)       Heard & Held                                                                                           
03/02/18       (S)       MINUTE(JUD)                                                                                            
03/19/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
BILL: SB 214                                                                                                                  
SHORT TITLE: ESTABLISH CORRECTIONAL INDUSTRIES PROGRAM                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
03/05/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/18       (S)       JUD, FIN                                                                                               
03/19/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
WITNESS REGISTER                                                                                                              
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed the changes that appear in version                                                               
O of SB 122.                                                                                                                    
KATE BURKHART, Ombudsman                                                                                                        
Office of the Ombudsman                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Discussed the reasons for the changes that                                                                
appear in version O of SB 122.                                                                                                  
DAWN ELLIOTT, Emergency Room Nurse                                                                                              
Providence Medical Center                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 312.                                                                           
CHUCK BILL, CEO                                                                                                                 
Bartlett Regional Hospital                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 312.                                                                           
AMBER MICHAEL, Legislative Chair                                                                                                
Alaska Nurses Association and registered nurse                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 312.                                                                           
DANNY ROBINETTE, Chief Medical Officer                                                                                          
Fairbanks Memorial Hospital                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 312.                                                                           
BRUCE RICHARDS, Director of Government Affairs                                                                                  
Central Peninsula Hospital                                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in support of HB 312.                                                                           
REGENA DECK, representing self                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 312.                                                                           
JENNIFER MOORE, Chief Quality Officer                                                                                           
MatSu Regional Medical Center                                                                                                   
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 312.                                                                           
JOANNA CAHOON, Member                                                                                                           
Alaska Mental Health Board and Advisory Board on Alcoholism and                                                                 
Drug Abuse and Staff Attorney                                                                                                   
Disability Law Center                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Discussed the unintended consequences                                                                     
related to HB 312.                                                                                                              
BENJAMIN SHELTON, MD, President                                                                                                 
Alaska Chapter - American College of Emergency Physicians                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 312.                                                                           
KIM MCDOWELL, Emergency Room Director and registered nurse                                                                      
Bartlett Regional Hospital                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 312.                                                                           
CLARE SULLIVAN, Deputy Commissioner                                                                                             
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided an overview of SB 214.                                                                           
JULIANA MELIN, Legislative Liaison                                                                                              
Department of Corrections (DOC)                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Delivered a sectional analysis for SB 214.                                                                
DEAN WILLIAMS, Commissioner                                                                                                     
Department of Corrections (DOC)                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 214.                                                                     
ACTION NARRATIVE                                                                                                              
1:31:14 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:31  p.m. Present at the  call to                                                               
order  were Senators  Costello,  Kelly,  Wielechowski, and  Chair                                                               
Coghill. Senator Shower arrived during introductions.                                                                           
                SB 122-OCS CITIZEN REVIEW PANEL                                                                             
1:32:32 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  SB 122  and noted                                                               
the proposed committee substitute (CS).                                                                                         
1:32:49 PM                                                                                                                    
SENATOR  COSTELLO  moved  to  adopt   the  work  draft  committee                                                               
substitute (CS) for  SB 122, version 30-LS0047\O,  as the working                                                               
1:33:07 PM                                                                                                                    
CHAIR COGHILL objected for an explanation of the changes.                                                                       
1:33:23 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, Juneau, Alaska, reviewed  the following changes made                                                               
to version O of SB 122:                                                                                                         
        · Page 1, line 8, after the word "ombudsman":                                                                           
     ". For budgetary purposes, the panel is located in the                                                                     
     office of the ombudsman."                                                                                                  
        · Page 2, line 4:                                                                                                       
     Deleted  language  describing qualifications  of  panel                                                                    
     members. Subsection  [(e)] has  been amended  to direct                                                                    
     the  Ombudsman's  Office  to  by  regulation  establish                                                                    
     guidelines for the operation of the panel, including:                                                                      
          [(1)] qualification of members                                                                                        
          [(2)] policies for recruitment and appointment of                                                                     
          [(3)] tenure of members; and                                                                                          
          [(4)] policy for selection of leadership                                                                              
        · Page 5, line 27:                                                                                                      
     Delete: and                                                                                                            
        · Page 6, line 3:                                                                                                       
     Insert after "best interest":                                                                                              
          [.] ; and                                                                                                         
          (16) the office of the ombudsman.                                                                                 
        · Page 7, line 3:                                                                                                       
     Adds an immediate effective date for the Citizens Review                                                                   
1:36:04 PM                                                                                                                    
KATE BURKHART,  Ombudsman, Office of the  Ombudsman, Alaska State                                                               
Legislature,  Juneau,  Alaska,  said  she  appreciates  that  the                                                               
committee is considering the changes  that appear in version O of                                                               
SB  122. She  provided  the following  comments  on the  proposed                                                               
        · Her office requested removing the language about                                                                      
          placing the  panel in the  Office of the  Ombudsman for                                                               
          budgetary  purposes   because  that  would   limit  the                                                               
          ability of the ombudsman to supervise the staff.                                                                      
        · Her office can handle recruitment, appointment, and                                                                   
          qualifications through  regulation in  partnership with                                                               
          the  members of  the  Citizens  Review Panel.  However,                                                               
          it's more  detailed than initially anticipated  and the                                                               
          timeline for  the regulatory package  would need  to be                                                               
          extended from a year to a year and a half or so.                                                                      
        · The Office of the Ombudsman is added to AS                                                                            
          47.10.093(b)  because that  statute  is interpreted  to                                                               
          preclude  speaking  with ombudsman  investigators.  The                                                               
          Office   of   Children's    Services   readily   shares                                                               
          information when  the ombudsman needs to  investigate a                                                               
          complaint, but  they have  run into  an issue  with the                                                               
          guardians ad litem  that work for the  Office of Public                                                               
          Advocacy.  Adding the  Office of  the Ombudsman  to the                                                               
          statute makes sense, especially  if the Citizens Review                                                               
          Panel would  have access  to the  data through  its co-                                                               
          location with the ombudsman.                                                                                          
MS.  BURKHART  stated that  the  changes  proposed in  version  O                                                               
address the  concerns her office  had regarding their  ability to                                                               
implement the  intent of SB  122 and  allows them to  support the                                                               
co-location of the Citizens Review Panel.                                                                                       
CHAIR  COGHILL  asked  if  the  ombudsman  receives  confidential                                                               
information in other areas where it does investigations.                                                                        
MS.   BURKHART   said   yes;    the   ombudsman   statute   says,                                                               
"notwithstanding  any other  provision of  law." AS  47.10.093(b)                                                               
was adopted after the legislation  that created the Office of the                                                               
Ombudsman  and it's  interpreted to  mean that  the ombudsman  is                                                               
intentionally not on the list. That created the hiccup.                                                                         
CHAIR COGHILL said  he wanted the members to  understand that the                                                               
ombudsman  has  had access  to  confidential  information in  all                                                               
other areas of law. It's necessary to do the job.                                                                               
He noted who was available to answer questions.                                                                                 
1:39:22 PM                                                                                                                    
SENATOR SHOWER referenced the deleted  language in subsection (c)                                                               
on page 2, lines 1-4. He  asked how they would focus the criteria                                                               
for  who would  serve  on  the board  to  ensure  that the  panel                                                               
members have the specialty or expertise needed.                                                                                 
MS. BURKHART clarified  that the regulations would  be adopted in                                                               
partnership  with  the Citizens  Review  Panel.  She offered  her                                                               
perspective of the board, which would  have 15 or 16 members with                                                               
designated  constituencies  and areas  of  expertise  as well  as                                                               
public members.                                                                                                                 
   · A seat that was designated specifically to someone living                                                                  
     off the road system; potentially someone who was nominated                                                                 
     by the Alaska Federation of Natives or First Alaskans.                                                                     
   · Someone with the specific clinical area of behavioral                                                                      
     health of child abuse and prevention and treatment.                                                                        
   · Someone with experience with the child in need of aid                                                                      
     (CINA)  process through  the courts.  This could  be someone                                                               
     from the Office of Public  Advocacy or the Public Defender's                                                               
     Office or  a guardian ad  litem, not the  attorney general's                                                               
     office because they represent the agency.                                                                                  
   · Someone with a background with the Indian Child Welfare                                                                    
     system (ICWA) is an important constituency given the                                                                       
     overrepresentation of Alaska Native children in the foster                                                                 
     care system.                                                                                                               
   · Consumer representation such as a foster parent or young                                                                   
     adult who has been in foster care.                                                                                         
   · A parent who has been engaged with the Office of Children's                                                                
     Services. This is a constituency that seldom has a voice at                                                                
     the policy-making level.                                                                                                   
   · Representation from the school is something to consider                                                                    
     since schools are often ground zero for the effects of                                                                     
     child abuse and child maltreatment. Teachers are mandatory                                                                 
     reporters, but they don't often have a voice in policy-                                                                    
     making regarding child protection issues.                                                                                  
   · A medical practitioner such as a pediatric nurse                                                                           
     practitioner or a pediatrician would be beneficial.                                                                        
   · Seats designated for interested members of the public who                                                                  
     may not fit into one of these specialized seats. Sometimes                                                                 
     these folks are your best members.                                                                                         
SENATOR  SHOWER asked  if  discretion  is left  to  the board  to                                                               
determine which citizens will be on the panel.                                                                                  
MS. BURKHART said she believes  that those criteria that appeared                                                               
in the original draft would appear in regulation.                                                                               
MS. MOSS  clarified that the intent  is for the criteria  for the                                                               
panel to  be set  in regulation. Federal  law is  vague regarding                                                               
how states  are to select  panel members, but public  members who                                                               
are not connected to the system  are required. She noted that she                                                               
recently found  a document  that was written  in 1998  that talks                                                               
about panel selection.                                                                                                          
SENATOR SHOWER  said thanks; he  didn't understand it  would come                                                               
through regulation.                                                                                                             
SENATOR COSTELLO  commented that someone from  Facing Foster Care                                                               
in Alaska would be a good candidate for the panel.                                                                              
CHAIR COGHILL asked Ms. Burkhart to comment on the fiscal note.                                                                 
MS. BURKHART said  the fiscal note contemplates  staffing for the                                                               
panel.  It was  drafted  when the  ombudsman  had no  supervisory                                                               
authority  and  it  contemplated  a high  level  of  professional                                                               
staff.  If the  bill  moves forward  as  currently drafted,  less                                                               
expensive staffing is possible.                                                                                                 
MS. MOSS  advised that the bill  has two fiscal notes.  [The DHSS                                                               
fiscal note is zero.]                                                                                                           
1:47:02 PM                                                                                                                    
CHAIR COGHILL removed his objection and version O was adopted.                                                                  
1:47:20 PM                                                                                                                    
SENATOR COSTELLO  moved to report the  CS for SB 122,  work draft                                                               
30-LS0047\O, from  committee with individual  recommendations and                                                               
attached fiscal note(s).                                                                                                        
1:47:36 PM                                                                                                                    
CHAIR  COGHILL announced  that without  objection, CSSB  122(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
1:47:47 PM                                                                                                                    
At ease                                                                                                                         
          HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS                                                                       
1:49:51 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of HB 312. He opened public testimony.                                                                            
1:50:47 PM                                                                                                                    
DAWN ELLIOTT,  Emergency Room  Nurse, Providence  Medical Center,                                                               
Anchorage, Alaska, testified  in support of HB 312.  She said the                                                               
emergency  room at  Providence sees  about  70,000 patients  each                                                               
year.  Health care  workers seldom  hear thank  you but  physical                                                               
violence, verbal  abuse, and  being treated  like garbage  is the                                                               
norm.  Every day  she fears  another assault.  She described  the                                                               
last  assault   she  experienced  to  demonstrate   the  lack  of                                                               
accountability. She opined  that there needs to  be immediate and                                                               
lifelong  consequences for  individuals who  assault health  care                                                               
1:52:22 PM                                                                                                                    
CHUCK  BILL, CEO,  Bartlett  Regional  Hospital, Juneau,  Alaska,                                                               
testified in support  of HB 312. He described  the legislation as                                                               
an important component to protect  staff from workplace violence.                                                               
The  violence in  hospitals  has increased  50  percent the  last                                                               
couple of years. He described  an incident this past weekend when                                                               
three security guards and one  nurse were assaulted. The hospital                                                               
has  implemented several  safety  measures such  as doubling  the                                                               
security  workforce and  extensive training  on deescalating  and                                                               
avoiding  these   situations.  HB   312  will  help   the  police                                                               
department to  better partner  with staff  when needed.  He urged                                                               
passage of the bill without amendment.                                                                                          
1:54:35 PM                                                                                                                    
AMBER MICHAEL,  Legislative Chair, Alaska Nurses  Association and                                                               
registered nurse,  Fairbanks, Alaska, testified in  support of HB                                                               
312. She said  the threat of violence on health  care workers and                                                               
other  staff occurs  in  all areas  of the  hospital  on a  daily                                                               
basis. It ranges  from hitting and spitting to  gun violence. The                                                               
lack  of  power that  the  police  have  in these  situations  is                                                               
unacceptable. Health care facilities  are a magnifier of emotions                                                               
and  can  explode  in  stressful situations  and  anyone  in  the                                                               
vicinity can  become a target.  However, health care  workers and                                                               
other personnel  are limited in  how they can  protect themselves                                                               
while giving care. She said  the added aggravator when assaulting                                                               
a health  care worker  in a  health care  facility is  a positive                                                               
move and hopefully will reduce  assaults. She urged the committee                                                               
to support HB 312.                                                                                                              
1:56:22 PM                                                                                                                    
DANNY  ROBINETTE,  Chief   Medical  Officer,  Fairbanks  Memorial                                                               
Hospital, Fairbanks, Alaska,  testified in support of  HB 312. He                                                               
reported that in  the past 18 months they  have experienced about                                                               
182 incidents with  violence or a significant  threat of violence                                                               
to hospital  staff. Some  estimates show  that just  one-third of                                                               
incidents are  reported, which  suggests they  have had  over 500                                                               
incidents   in    that   timeframe.   Violence    is   increasing                                                               
significantly both  at Fairbanks Memorial and  statewide. This is                                                               
not acceptable. HB  312 will be a significant help,  but it isn't                                                               
the only  solution. Fairbanks  Memorial is  taking steps  such as                                                               
nonviolent  crisis  intervention  training  for  clinical  staff,                                                               
expanding   security  presence,   and  developing   processes  to                                                               
identify patients that  are high risk for violence.  He urged the                                                               
committee to support HB 312.                                                                                                    
1:58:18 PM                                                                                                                    
BRUCE   RICHARDS,  Director   of   Government  Affairs,   Central                                                               
Peninsula Hospital, Soldotna, Alaska,  testified in support of HB                                                               
312. He  described the  incident in 2008  when a  former employee                                                               
entered  the  hospital  and  shot and  killed  a  supervisor  and                                                               
injured another  before taking his  own life. Employees  have not                                                               
forgotten that  event. Employees  at the hospital,  nursing home,                                                               
and  hospital-based clinics  experience  workplace violence  more                                                               
frequently than in the past.  It originates from patients, family                                                               
members, domestic disputes  and even people who  have no official                                                               
business   at   the   hospital.  The   National   Institute   for                                                               
Occupational  Safety and  Health  defines  workplace violence  as                                                               
"any  physical assault,  threatening  behavior,  or verbal  abuse                                                               
occurring  in the  work place."  He  cited data  points from  the                                                               
agency   that  accredits   and  certifies   21,000  health   care                                                               
organizations  nationwide.  From a  sample  of  3,700 nurses,  21                                                               
percent  report being  physically assaulted  and over  50 percent                                                               
were  verbally  abused  in  a  12-month  period;  12  percent  of                                                               
emergency  room  nurses  experienced  physical  violence  and  59                                                               
percent experienced  verbal abuse  in the  last 7-day  period. He                                                               
agreed  with previous  testimony  that violence  in hospitals  is                                                               
increasing.  Central   Peninsula  Hospital  has  a   code  for  a                                                               
situation involving  violence that  anyone can initiate  over the                                                               
paging system. He described some of  the things he's seen when he                                                               
responded to the call for  help. Their staff support allowing law                                                               
enforcement to  arrest someone for misdemeanor  assault without a                                                               
warrant in these situations. This  will take care of the existing                                                               
issue where  the perpetrator  remains in  the facility  after the                                                               
police have left. He urged the committee to pass HB 312.                                                                        
2:01:32 PM                                                                                                                    
REGENA  DECK, representing  self,  Juneau,  Alaska, testified  in                                                               
support  of HB  312.  She  said she  is  an emergency  department                                                               
nurse, the professor  of nursing for UAA in Juneau,  and a victim                                                               
of violence  as a  direct result  of her  job. She  described the                                                               
physical assault she experienced by  a patient. Her assailant was                                                               
charged  with  misdemeanors   and  felonious  assault,  including                                                               
assault with a deadly weapon. He  had been reported to the police                                                               
before and  they said their  hands were tied. Some  nurses didn't                                                               
bother to report him because  nothing would be done. Other nurses                                                               
view this  as part of  the job. It makes  her sad and  angry that                                                               
her injury  and trauma  could have been  prevented if  the police                                                               
had  stronger  tools available.  HB  312  will  make it  so  that                                                               
nurses'  reports   of  violence  will  be   taken  seriously  and                                                               
hopefully prevent further  acts of violence. It will  also send a                                                               
message to  the public that  there is zero tolerance  for violent                                                               
behavior. She encouraged the committee to support HB 312.                                                                       
2:04:15 PM                                                                                                                    
JENNIFER  MOORE, Chief  Quality Officer,  MatSu Regional  Medical                                                               
Center, Palmer, Alaska, testified in  support of HB 312. She said                                                               
that as  a nurse of  over 20  years she has  experienced assaults                                                               
while attempting  to treat  patients. All  units in  the hospital                                                               
are affected. Some  nurses are afraid to go to  work because they                                                               
fear  assault.  Health  care  workers   need  to  know  they  are                                                               
supported  in their  time of  need just  as they  help others  in                                                               
their  time  of  need.  Violence  should  not  be  an  acceptable                                                               
workplace hazard, but for many this is the new norm.                                                                            
Legislation is  not the  only solution  to this  complex problem.                                                               
Every facility needs to implement  a comprehensive strategy using                                                               
evidence-based  practices.   MatSu  Regional  is  working   on  a                                                               
comprehensive  workplace violence  preventative program  to teach                                                               
staff  how  to deescalate  a  situation,  use specialized  safety                                                               
techniques,  and how  to  escort an  aggressive  person. It  also                                                               
teaches staff how to recognize  their tension triggers and how to                                                               
reduce personal tension.  She urged the committee to  pass HB 312                                                               
and send  a strong message  to health care providers  that Alaska                                                               
takes this issue very seriously.                                                                                                
2:06:40 PM                                                                                                                    
JOANNA CAHOON,  Member, Alaska Mental  Health Board  and Advisory                                                               
Board  on   Alcoholism  and  Drug   Abuse  and   Staff  Attorney,                                                               
Disability  Law Center,  Anchorage, Alaska,  discussed unintended                                                               
consequences related to  HB 312. She said the  boards believe the                                                               
violence that HB 312 seeks  to address is egregious. Her comments                                                               
are areas  of drafting that  may lead to  unintended consequences                                                               
beyond the  targeted violence  the bill  tries to  address. There                                                               
are  two ways  that  the current  language could  unintentionally                                                               
criminalize the actions of persons in need of psychiatric care.                                                                 
First,  people that  are transported  to  a psychiatric  facility                                                               
often  refuse treatment.  They can  appear belligerent,  yelling,                                                               
and demanding  to leave.  They may  not be  deemed to  be seeking                                                               
medical treatment,  but the boards'  experience is that  it's not                                                               
always a  straightforward call. The  second issue relates  to the                                                               
idea that  being deemed stable for  discharge is straightforward.                                                               
There are  certain populations that show  up to ERs that  may not                                                               
be  admitted  because  they  need  support  but  not  necessarily                                                               
medical   treatment.   Examples   include  a   person   with   an                                                               
intellectual  disability  that  is  co-occurring  with  a  mental                                                               
illness or  an adult child  that experiences  autism and is  in a                                                               
meltdown and  is violent.  Those individuals  are in  crisis, but                                                               
they  may   not  be   admitted.  The   bill  may   capture  those                                                               
individuals, perhaps unintentionally.                                                                                           
In the  boards' experience,  difficult psychiatric  patients have                                                               
sometimes been  inappropriately deemed  stable for  discharge. On                                                               
occasion  they have  seen Emergency  Medical Treatment  and Labor                                                               
Act (EMTALA)  violations. That  is the  law that  requires anyone                                                               
going to an emergency department  to be deemed stable before they                                                               
are discharged.                                                                                                                 
MS. CAHOON advised  that a similar bill was adopted  in Idaho and                                                               
patients with the conditions she  described were caught up in the                                                               
criminal justice system, although that  was not the intent of the                                                               
bill. She thanked the committee  for the opportunity to point out                                                               
the potential for unintended consequences.                                                                                      
2:11:23 PM                                                                                                                    
BENJAMIN SHELTON, MD, President,  Alaska Chapter American College                                                               
of  Emergency   Physicians,  said  he  works   at  Providence  in                                                               
Anchorage.  He is  testifying in  support  of HB  312 that  helps                                                               
address  workplace violence  in health  care facilities.  This is                                                               
necessary.  Violence  in the  emergency  department  seems to  be                                                               
worsening. This  should not  be accepted  as a  workplace hazard,                                                               
but for many  it has become the normal. Many  of the assaults are                                                               
in the  category of  fourth degree assault  for which  an officer                                                               
must have  a warrant to make  an arrest. After a  staff member is                                                               
assaulted,  the  police  take  a   report  and  often  leave  the                                                               
individual  on premises.  This sends  the unfortunate  message to                                                               
the  care giver  that their  safety  is not  important. The  bill                                                               
gives police  officers the same  ability to remove  the assailant                                                               
from  the scene  without a  warrant. This  is the  same authority                                                               
that law  enforcement has to  remove an assailant from  the scene                                                               
in domestic violence situations.                                                                                                
All  emergency  providers  are   responsible  for  EMTALA.  Every                                                               
patient that  comes in is cared  for and stabilized. HB  312 does                                                               
not change that. If someone comes  in with an acute mental health                                                               
crisis,  they're  psychotic,  or  high  on  methamphetamine,  the                                                               
emergency department's responsibility is  to treat them. He urged                                                               
the committee to  pass HB 312 and send a  strong message to those                                                               
providing health care that Alaska takes this issue seriously.                                                                   
2:14:19 PM                                                                                                                    
KIM  MCDOWELL,  Emergency  Room Director  and  registered  nurse,                                                               
Bartlett Regional Hospital, Juneau,  Alaska, testified in support                                                               
of HB  312. She reported  that in the  last six months  they have                                                               
had 18 incidents  of nurses being assaulted. This  has become the                                                               
rule rather than  the exception. This would not  be acceptable in                                                               
any other  place of  business. She  urged passage  of HB  312, so                                                               
health care providers  can do their jobs safely  and without harm                                                               
to themselves or other people.                                                                                                  
CHAIR  COGHILL  asked if  she  believes  the bill,  as  currently                                                               
drafted,  provides  enough  discretion to  deal  with  behavioral                                                               
health issues.                                                                                                                  
MS.  MCDOWELL  said  that  as professionals  they  all  have  the                                                               
ability  to   make  that  discretionary  decision.   There  is  a                                                               
difference between an individual with  autism who may not be able                                                               
to  control their  behavior as  opposed to  an individual  who is                                                               
assaulting staff but  does have the means to  know the difference                                                               
between right and wrong.                                                                                                        
CHAIR COGHILL asked Ms. Cahoon to address the same question.                                                                    
2:17:08 PM                                                                                                                    
MS. CAHOON said  she isn't questioning anybody's  ability to make                                                               
an appropriate  professional call.  The boards' concern  is based                                                               
on  seeing the  intention of  what other  states passed  and what                                                               
happened. The  law in  Idaho intended to  capture the  actions of                                                               
patients or  non-patients who could understand  their actions but                                                               
were drunk or angry. It  had an exemption for people experiencing                                                               
mental illness, but that provision  was removed and patients with                                                               
mental illness or  autism were caught up in  the criminal justice                                                               
system. This may not  be an issue most of the  time, but there is                                                               
some vagueness  between seeking medical treatment  and stable for                                                               
discharge.  She suggested  that a  definition or  exemption might                                                               
make it clear in those situations  that don't fall in the norm so                                                               
that situations like in Idaho and Washington are avoided.                                                                       
CHAIR COGHILL  commented that the  bill appears broad  enough for                                                               
the rule, but  not the exception. He said he  didn't know that he                                                               
was willing  to slow  the bill to  find out how  best to  make an                                                               
exception  when  is  seems  that there  is  discretion  with  the                                                               
officer and health care provider.                                                                                               
2:19:31 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  if  the sponsor  was  available  to                                                               
respond to Ms. Cahoon's testimony.                                                                                              
CHAIR COGHILL said that was  discussed in House Judiciary and the                                                               
sponsor is  satisfied that the  discretion given to  the officers                                                               
and health  care professionals is sufficient.  He reiterated that                                                               
he believes there is enough discretion.                                                                                         
SENATOR WIELECHOWSKI said okay.                                                                                                 
2:20:38 PM                                                                                                                    
SENATOR  COSTELLO  moved  to  report  HB  312,  version  O,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
2:20:53 PM                                                                                                                    
CHAIR  COGHILL announced  that without  objection,  HB 312  moved                                                               
from the Senate Judiciary Standing Committee.                                                                                   
2:20:59 PM                                                                                                                    
At ease                                                                                                                         
        SB 214-ESTABLISH CORRECTIONAL INDUSTRIES PROGRAM                                                                    
2:22:46 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of SB 214. This is the first hearing.                                                                             
2:23:13 PM                                                                                                                    
CLARE  SULLIVAN, Deputy  Commissioner, Department  of Corrections                                                               
(DOC), Anchorage, Alaska,  said she would provide  an overview of                                                               
SB  214   and  the  benefits   of  establishing   a  correctional                                                               
industries program  and Juliana  Melin would provide  a sectional                                                               
analysis.  She reviewed  her background  with  the Department  of                                                               
Corrections, most of which was in the institutions.                                                                             
She explained that correctional  industries programs are designed                                                               
to help  prisoners leave prison  with meaningful skills  that are                                                               
necessary for  a successful transition  into the  community. This                                                               
means  getting a  job, reporting  to  the job,  getting paid  and                                                               
paying bills,  including restitution and child  support. The idea                                                               
is to develop  a program within the  correctional facilities that                                                               
is  not  detrimental  to  outside   work  groups  or  labor.  The                                                               
correctional  industries board  that  the  bill establishes  will                                                               
provide  direction  on  the  industries  that  each  correctional                                                               
facility  should  focus on.  The  industries  program is  also  a                                                               
potential feeder program for unions.                                                                                            
She  said  research from  other  states  shows that  correctional                                                               
industries  programs help  reduce  recidivism.  Inmates who  have                                                               
been in  the program  for any  length of time  have a  far better                                                               
chance of  a successful transition.  They are far less  likely to                                                               
think  in a  criminal  fashion because  they  have established  a                                                               
fairly  normal  process  within the  institution.  Research  also                                                               
shows that  the institutions that  provide some form  of economic                                                               
diversity  help  businesses and  communities  on  the outside  by                                                               
providing  products or  services that  are not  otherwise readily                                                               
available. Another benefit of these  programs is that they reduce                                                               
collateral department  costs. When  people in prison  are engaged                                                               
in  productive and  pro-social activities,  assaults go  down and                                                               
medical  costs are  reduced. Those  people also  do better  after                                                               
they are released.                                                                                                              
MS.  SULLIVAN  said DOC  is  looking  at four  possible  industry                                                               
venues  that  have  unmet  needs. These  are  flash  freezing  of                                                               
Alaskan-grown vegetables,  continuing and possibly  expanding the                                                               
Alaska  Marine Highways  laundry service,  restarting the  custom                                                               
furniture and specialty  item business that Spring  Creek used to                                                               
have, and  making and selling Alaska-unique  items to wholesalers                                                               
in the state.                                                                                                                   
2:29:20 PM                                                                                                                    
CHAIR  COGHILL asked  if they'd  thought  about steering  certain                                                               
industries to  certain prisons or  if that  would be left  to the                                                               
discretion  of the  board.  For example,  growing  would be  much                                                               
easier in Palmer than in Southeast.                                                                                             
MS.  SULLIVAN said  she  believes the  board  would provide  that                                                               
guidance and DOC would provide the staffing.                                                                                    
CHAIR COGHILL  asked if DOC  would implement security  and safety                                                               
measures to ensure that tools  aren't misused or stolen. He noted                                                               
that  mishandling  tools  was  part of  the  reason  the  earlier                                                               
programs folded.                                                                                                                
MS. SULLIVAN  said the institutions  reworked and  enhanced their                                                               
tool  safety procedures  and accountability  after  a 2014  audit                                                               
highlighted deficiencies.                                                                                                       
CHAIR COGHILL asked if the  Point MacKenzie Correctional Farm was                                                               
still vibrant.                                                                                                                  
MS. SULLIVAN  said the farm  is still producing enough  that they                                                               
donate their excess to local charities.                                                                                         
SENATOR WIELECHOWSKI said this is  a commendable effort, but he's                                                               
concerned  about  diminishing  jobs  and  wages.  He  asked  what                                                               
industries  they expect  to target,  the expected  impact on  the                                                               
labor force, and the expected wage for inmates.                                                                                 
MS. SULLIVAN said the objective is  to establish a program in the                                                               
prison so inmates can develop  skills and be productive when they                                                               
are released.  The jobs wouldn't be  high paying and there  is no                                                               
intention to  compete with businesses  on the outside.  She noted                                                               
that  DOC  has a  program  where  inmates  on ankle  monitors  go                                                               
outside  during the  day to  be trained  as ironworkers  with the                                                               
idea  that  they  will  feed  into  that  industry  once  they're                                                               
2:35:32 PM                                                                                                                    
SENATOR COSTELLO  asked if the legislation  contemplates that the                                                               
inmates would  leave with an  agreement for future work  like the                                                               
ironworker example or if it  contemplates a correctional industry                                                               
program  like  those  in  the past  which  included  the  laundry                                                               
service and furniture building.                                                                                                 
MS. SULLIVAN said it's different  than the example she cited. The                                                               
idea is to have most of the programs within the facilities.                                                                     
SENATOR COSTELLO  noted the  proposed board  makeup and  asked if                                                               
they would be opposed to adding a business seat.                                                                                
MS. SULLIVAN said  that's a good idea because  labor and business                                                               
view some things differently.                                                                                                   
SENATOR  COSTELLO noted  the bill  going through  the process  to                                                               
exempt  DOC  from the  procurement  process  and asked  how  this                                                               
legislation would be impacted if that bill were to pass.                                                                        
MS. SULLIVAN said she would follow up with an answer.                                                                           
SENATOR KELLY said he was  initially concerned about unemployment                                                               
but was  encouraged when  he realized  that a  lot of  things are                                                               
imported  now. He  cited  the hypothetical  example  of a  prison                                                               
industry  that  makes patio  furniture.  Today  most of  that  is                                                               
imported from China or Pakistan.                                                                                                
2:39:27 PM                                                                                                                    
SENATOR  SHOWER  said  he  had  the  same  concern  that  Senator                                                               
Costello  voiced. He  referenced the  language in  Section 7  and                                                               
opined  that  there   could  be  a  conflict   with  the  typical                                                               
competitive bidding process.                                                                                                    
2:40:58 PM                                                                                                                    
JULIANA  MELIN, Legislative  Liaison,  Department of  Corrections                                                               
(DOC), Juneau, Alaska,  clarified that Section 7  does not change                                                               
the  existing procurement  rules  for  the proposed  correctional                                                               
industries  program. It  replaces the  old program  with the  new                                                               
correctional industries program. She  added that it's not related                                                               
to the procurement legislation going through the process.                                                                       
SENATOR SHOWER asked  her to clarify the meaning  of the language                                                               
on page 2, lines 9-10.                                                                                                          
MS. MELIN  said the  idea is  that when  the department  enters a                                                               
contract  with a  private organization,  that  employer would  be                                                               
required to provide workers' compensation.                                                                                      
CHAIR COGHILL  deferred further discussion until  after Ms. Melin                                                               
presented the sectional analysis.                                                                                               
2:42:24 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said he  was  curious  about the  workers'                                                               
compensation  implications and  whether  someone  who is  injured                                                               
would  receive  temporary  total disability  or  permanent  total                                                               
disability. He also  asked about the potential  impacts on Davis-                                                               
Bacon wages and the prevailing wage standards.                                                                                  
CHAIR  COGHILL deferred  the question  until after  the sectional                                                               
2:43:19 PM                                                                                                                    
MS. MELIN  paraphrased and  supplemented the  following sectional                                                               
analysis for SB 214.                                                                                                            
     Section   1:  Amends   33.30.191(e)  to   clarify  that                                                                    
     Worker's Comp (AS 23) does  not apply to the employment                                                                    
     of prisoners under this particular section.                                                                                
She  explained that  later in  the bill  a large  portion of  the                                                               
section  is   deleted.  An  example   of  what  remains   is  the                                                               
commissioner's  ability to  direct a  prisoner to  participate in                                                               
productive  employment  while   incarcerated,  including  routine                                                               
facility  maintenance,  academic  or  vocational  education,  and                                                               
public  conservation   projects.  The  exemption   from  workers'                                                               
compensation from  these types of  activities is  consistent with                                                               
current statute.                                                                                                                
MS. MELIN noted the drafting error  in Section 2 on page 1, lines                                                               
10-11.  The  phrase,  "In  addition   to  entering  contracts  or                                                               
cooperative  agreements under  AS  33.30.191,"  should have  been                                                               
     Section  2:  Amends  33.30 by  adding  a  new  section,                                                                    
     33.30.195,    that    establishes   the    correctional                                                                    
     industries  program,  detailing  that  in  addition  to                                                                    
     cooperative  agreements  listed  under  33.30.191,  the                                                                    
     commissioner  may establish  & administer  correctional                                                                    
     industries programs  upon approval of  the Correctional                                                                    
     Industries  Board  created  later  in  the  bill  under                                                                    
     33.30.196.  Under (b)-(f),  operational details  of the                                                                    
     newly  established correctional  industries program  is                                                                    
     laid out.                                                                                                                  
She  noted  that  on  page  2,  subsection  (f)  on  lines  17-19                                                               
clarifies  that prisoners  employed  under this  section are  not                                                               
entitled to unionize and they do not have the rights of state                                                                   
employees, including the right to participate in collective                                                                     
     Under  the  new  section, 33.30.196,  the  Correctional                                                                    
     Industries Board is established.  The board consists of                                                                    
     four members: the commissioner  of labor (or designee),                                                                    
     the commissioner of corrections  (or designee), and two                                                                    
     representatives  of organized  labor that  the governor                                                                    
     shall  appoint  from  a  list   submitted  by  a  labor                                                                    
     organization. These members  serve staggered three-year                                                                    
     The duties  of the  board include meeting  quarterly or                                                                    
     at regularly  scheduled times determined by  a majority                                                                    
     of members, approve,  monitor, and make recommendations                                                                    
     for proposals  for prison  industry programs,  and hold                                                                    
     public hearing  to provide  opportunity for  persons or                                                                    
     organizations  to  submit   written  comments  or  oral                                                                    
     testimony on proposals that may  affect them. The board                                                                    
     will  also  keep  public record  of  all  meetings  and                                                                    
     hearing and make this information public.                                                                                  
     Section  3:   Amends  33.30.201(a)   by  distinguishing                                                                    
     prisoners  employed  under  the new  prison  industries                                                                    
     program   (33.30.195)  and   removes  them   from  this                                                                    
     particular statute detailing  compensation of prisoners                                                                    
     who  fall  under  current   statute.  It  also  removes                                                                    
     33.30.191(g)(5)  from  applying   to  this  section  as                                                                    
     "other  work performed  inside or  outside a  facility"                                                                    
     now   falls  within   the   newly  established   prison                                                                    
     industries program.                                                                                                        
She noted that the outdated  language, "if the money is available                                                               
from legislative appropriations" is  also deleted. The Department                                                               
of  Law  determined that  language  should  be deleted  from  the                                                               
section when it was drafted in 1986.                                                                                            
     Section   4:    Amends   33.30.201(c)    by   requiring                                                                    
     compensation  of employed  prisoners established  under                                                                    
     the new section,  (g), to follow the  priority order of                                                                    
     compensation dispersion  as laid  out in  this section.                                                                    
     It also reorders the  priority list, making restitution                                                                    
     payments a higher priority.                                                                                                
     Section  5: Amends  33.30.201(d) to  include the  newly                                                                    
     established  prisoner  employee's compensation  section                                                                    
     (g),  detailing that  any remaining  compensation after                                                                    
     any deduction under (b) or  (c) of this section will be                                                                    
     credited to the prisoner.                                                                                                  
     Section  6:  Adds a  new  section  (g) under  33.30.201                                                                    
     describing  the  compensation   of  prisoners  employed                                                                    
     under the  newly established prison  industries program                                                                    
     (33.30.195). [It  clarifies that compensation  for work                                                                    
     performed   under  contract   or   agreement  with   an                                                                    
     individual or private  entity may not be  less than the                                                                    
     minimum wage required by AS 23.10.065.]                                                                                    
     Section  7: Amends  36.30.313  by  including the  newly                                                                    
     established  prison industries  program, 33.30.195,  in                                                                    
     this   statute  that   precludes  the   procurement  of                                                                    
     products  or services  provided through  the employment                                                                    
     of  prisoners   from  competitive  sealed   bidding  or                                                                    
     competitive sealed proposals.                                                                                              
     Section 8: Amends 37.05.146(c) by  adding a new section                                                                    
     allowing  the  Department   of  Correction  to  collect                                                                    
     receipts  from contracts  or agreements  under the  new                                                                    
     prison industries program (33.30.195)                                                                                      
     Section  9: Amends  41.21.026(f)  by  deleting the  old                                                                    
     employment  of  prisoners language  (33.30.191(b))  and                                                                    
     replaces  it with  the  new  prison industries  program                                                                    
     established  under 33.30.195,  allowing the  department                                                                    
     to charge fees as listed under this section.                                                                               
     Section  10:  Repeals  AS  33.30.191(b)  which  is  the                                                                    
     current  (and limiting)  prison industries  language as                                                                    
     well  as  33.30.191(g)(5)  that  describes  other  work                                                                    
     performed inside or outside  of a correctional facility                                                                    
     which is  now incorporated under the  newly established                                                                    
     prison industries program 33.30.195.                                                                                       
     Section 11: Effective date July 1, 2018.                                                                                   
2:51:53 PM                                                                                                                    
SENATOR WIELECHOWSKI said he'd like a discussion on Section 1                                                                   
that says the provisions of AS 23 do not apply because Title 23                                                                 
contains the entire work standards.                                                                                             
2:52:31 PM                                                                                                                    
SENATOR COSTELLO noted that the language on page 1, lines 11-13,                                                                
gives the commissioner the ability to establish and administer a                                                                
correctional industries program and the  language on page 2, line                                                               
22, talks about  the board providing general  policy direction to                                                               
the commissioner.  She asked  the commissioner  if he  reads that                                                               
the way she  does, which is that the board  would provide general                                                               
direction and the program would be run by the commissioner.                                                                     
2:53:46 PM                                                                                                                    
DEAN  WILLIAMS, Commissioner,  Department  of Corrections  (DOC),                                                               
Juneau,  Alaska, said  the intent  is for  the board  to vet  any                                                               
permissible business opportunities  and give them a  red or green                                                               
light. He  said he'd  take another look  at the  language because                                                               
the board is not intended to  be a figurehead. He agreed with the                                                               
earlier suggestion to include a business member on the board.                                                                   
SENATOR COSTELLO asked what assurance  the legislature would have                                                               
that  the department  would  promulgate  regulations should  this                                                               
bill pass.                                                                                                                      
COMMISSIONER WILLIAMS  said this is  a good example of  a statute                                                               
that  would require  the  department  to promulgate  regulations.                                                               
They are  necessary to articulate  things like board  and meeting                                                               
processes,  the procedure  for approving  business opportunities,                                                               
and how inmates would get paid.                                                                                                 
SENATOR COSTELLO  asked if he  heard the question about  how this                                                               
legislation would  be affected if the  legislation about changing                                                               
the procurement code were to pass.                                                                                              
2:57:13 PM                                                                                                                    
COMMISSIONER  WILLIAMS clarified  that the  procurement exception                                                               
in  HB  325  is  specifically about  reentry  transition  housing                                                               
services.  That  bill was  not  designed  or intended  to  impact                                                               
anything regarding procurement in this legislation.                                                                             
2:58:15 PM                                                                                                                    
CHAIR   COGHILL   held   HB  214   in   committee   for   further                                                               
2:59:05 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:59 p.m.                                                                                                            

Document Name Date/Time Subjects
SB 214 - Version A.PDF SJUD 3/19/2018 1:30:00 PM
SB 214
SB 214 - Sponsor Statement.pdf SJUD 3/19/2018 1:30:00 PM
SB 214
SB 214 - Sectional Summary (ver. A).PDF SJUD 3/19/2018 1:30:00 PM
SB 214
SB 122 - Version O.pdf SJUD 3/19/2018 1:30:00 PM
SB 122
SB 122 - Summary of Changes (ver. J to ver. O).pdf SJUD 3/19/2018 1:30:00 PM
SB 122