Legislature(2001 - 2002)
04/10/2002 01:40 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY COMMITTEE
April 10, 2002
1:40 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator John Cowdery
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
Senator Dave Donley, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 231
"An Act relating to correctional facilities."
HEARD AND HELD
SENATE BILL NO. 295
"An Act relating to the disclosure of information regarding
delinquent minors to certain licensing agencies; and providing
for an effective date."
MOVED SB 295 OUT OF COMMITTEE
SENATE BILL NO. 302
"An Act defining the term 'mental health professional' for the
purpose of statutes relating to the evaluation of prisoners who
may need psychological or psychiatric treatment, for the purpose
of statutes relating to the evaluation of children in need of aid
and delinquent minors who may need to be confined in a secure
residential psychiatric treatment center or who should be
released from such a center, for the purpose of statutes
requiring certain professionals to report the possibility that a
vulnerable adult has been abused or neglected, and for the
purpose of statutes relating to mental health civil commitments."
MOVED CSSB 302(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 418 (L&C)
"An Act amending the Alaska Corporations Code as it relates to
delivery of annual reports, notice of shareholders' meetings,
proxy statements, and other information and items
to shareholders, to voting, and to proxies, including electronic
proxy voting and proxy signing; and providing for an effective
date."
MOVED CSHB 418 (L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
SB 231 - See CRA minutes dated 3/20/02.
SB 295 - See HESS minutes dated 3/4/02.
SB 302 - See HESS minutes dated 3/4/02.
HB 418 - See Labor and Commerce minutes dated 3/21/02. See
Judiciary minutes dated 4/8/02
WITNESS REGISTER
Mr. David Mitchell
Staff to Senator Pete Kelly
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of SB 295
Mr. Robert Buttcane
Division of Juvenile Justice
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supports SB 295
Mr. Jerry Burnett
Staff to Senator Lyda Green
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of SB 231
Commissioner Margaret Pugh
Department of Corrections
431 N. Franklin, Suite 400
Juneau, AK 99801
POSITION STATEMENT: Supports SB 231
Ms. Margo Knuth
Strategic Planning Coordinator
Department of Corrections
431 N. Franklin, Suite 400
Juneau, AK 99801
POSITION STATEMENT: Supports SB 231
Mr. Deven Mitchell
Treasury Division
Department of Revenue
PO Box 110400
Juneau, AK 99811-0400
POSITION STATEMENT: Answered questions about SB 231
Mr. David Germer
Assistant Manager
Matanuska-Susitna Borough
350 East Dahlia Avenue
Palmer, AK 99645
POSITION STATEMENT: Supports SB 231
Mr. Bob Herron
City Manager
City of Bethel
PO Box 388
Bethel, AK 99559
POSITION STATEMENT: Supports SB 231
Mr. John Williams
Mayor, City of Kenai
210 Fidalgo Ave., Suite 200
Kenai, AK 99611
POSITION STATEMENT: Supports SB 231
Ms. Linda Freed
City Manager
City of Kodiak
10 Mill Bay Road, Room 211
Kodiak, AK 99615
POSITION STATEMENT: Supports SB 231
Mr. Steve Sweet
Public Employees Local 71
Fairbanks, AK
POSITION STATEMENT: Supports SB 231
Ms. Sheila Peterson
Aide to Senator Wilken
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of SB 302
Ms. Anne Henry
Division of Mental Health & Developmental Disabilities
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supports SB 302
Ms. Sharon Bullock
Fairbanks Community Mental Health Center
st
122 1 Ave.
Fairbanks, AK
POSITION STATEMENT: Expressed support for one provision of SB
302
Mr. Wayne McCollum
Fairbanks Community Mental Health Center
st
122 1 Ave.
Fairbanks, AK
POSITION STATEMENT: Supports SB 302
Ms. Stacie Kraly
Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions about SB 302
ACTION NARRATIVE
TAPE 02-15, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Senate Judiciary Committee
meeting to order at 1:40 p.m. Senators Cowdery, Therriault, Ellis
and Chairman Taylor were present.
HB 418-CORPORATE NOTICES/PROCEDURES/VOTING
CHAIRMAN TAYLOR reminded committee members that they had an
extensive discussion on HB 418 at Monday's meeting, at which time
an amendment to HB 418 was tabled. He noted that Representative
Murkowski, Chair of the House Labor and Commerce Committee, was
present.
SENATOR COWDERY said he initially offered the amendment and moved
to withdraw it.
CHAIRMAN TAYLOR announced that without objection, the motion
carried.
SENATOR COWDERY moved CSHB 418(L&C) to its next committee of
referral.
SENATOR THERRIAULT asked if a representative of the Division of
Banking and Securities was available.
CHAIRMAN TAYLOR said apparently not. He said that without the
amendment, the bill will not have a significant impact on
corporations. With no further objection, CSHB 418(L&C) was moved
from committee.
The committee took up SB 295.
SB 295-LICENSING: DISCLOSURE OF MINORS' RECORDS
MR. DAVID MITCHELL, staff to Senator Pete Kelly, sponsor of SB
295, made the following statement.
Both state and federal laws currently require all child
and adult care licensing authorities to review criminal
histories of every individual aged 16 or older who is
seeking either a care license, employment with a care
provider, or residing in the home with a care provider.
Criminal history information for persons under 18 is
not accessible through the Alaska Public Safety
Information Network but is available through the
Division of Juvenile Justice. Due to the language in
the current statute, the division may release certain
information for specific situations to only a few of
the licensing agencies. The fact that an applicant may
have a son living in the home who is a convicted child
molester could be kept from the licensing agency
because of limitations on the division's authority to
release that information. This bill would give the
Department of Health and Social Services clear
authority to provide all child and adult care licensing
agencies access to appropriate licensing information.
This bill will help facilitate the licensing of
suitable individuals, as well as help ensure that
quality of care and safety concerns are met for every
client receiving services in a care facility or
program.
MR. MITCHELL offered to answer questions.
There being no questions, CHAIRMAN TAYLOR took further testimony.
MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of
Health and Social Services, stated support for SB 295 as it will
take care of an omission in the division's statutes. SB 295 will
allow the division to work with licensing agencies to make sure
they have access to delinquency information to ensure they are
licensing people who will preserve the safety of people being
cared for in elderly and child care facilities.
MR. BUTTCANE said the recent spate of laws that passed at the
federal and state levels regarding licensing for care facilities
mandate that licensing agencies have access to records of persons
16 and older. Alaska's current delinquency records
confidentiality statute is written in such a way that it doesn't
include all conditions that arise in licensing situations. SB 295
will provide explicit authority to the division to provide
information for those purposes.
There being no further testimony or questions, SENATOR COWDERY
moved SB 295 from committee with its accompanying fiscal notes
and individual recommendations.
CHAIRMAN TAYLOR announced that without objection, the motion
carried.
The committee took up SB 231.
SB 231-CORRECTIONAL FACILITY EXPANSION
MR. JERRY BURNETT, staff to Senator Lyda Green, sponsor of SB
231, noted that Senator Green was unable to attend due to
illness. He explained that SB 231 provides a regional approach to
expanding correctional facilities throughout Alaska. It provides
for approximately 1200 prison and jail beds in a variety of
communities throughout the state. The question of the need for
additional jail beds has been settled by the legislature twice in
the last five years. In 1998, the legislature passed legislation
authorizing the Anchorage jail and an 800-bed facility at Delta,
which was not built. In 2001, the legislature authorized another
800-bed facility in the Kenai Peninsula and that was not built.
Clearly, the intent of SB 231 is to build community acceptance of
expanded jail facilities and to work with the municipalities to
finance and provide the facilities. He informed members that each
of the municipal bodies named in the bill have sent resolutions
in support of the bill. He offered to answer questions.
SENATOR COWDERY asked if the number of beds in the bill represent
the actual needs.
MR. BURNETT said the numbers represent the need expressed to
Senator Green by the Department of Corrections. She worked
primarily with the Mat-Su Borough and the Department of
Corrections to prepare SB 231. Some of the numbers, such as 64
additional beds at the Juneau facility, have to do with the type
of facility and location. The Mat-Su Borough has three
facilities: Palmer Pre-Trial; Palmer Correctional Facility; and
the Point Mackenzie Farm. Each facility will have a different
number of beds depending on the physical structure and the
specific needs of the community.
SENATOR COWDERY asked if prisoners are housed at particular
facilities based on the severity of their crimes.
MR. BURNETT replied there are medium security facilities and pre-
trial facilities.
SENATOR THERRIAULT said according to the bill the average capital
cost for all beds may not exceed $155,000 per bed, adjusted for
three percent inflation a year and asked how long this
authorization will apply and whether it will just be on the books
if a community chooses not to exercise it ten years from now.
MR. BURNETT replied:
As the bill is currently written, that would be the
case and I believe that Senator Green is certainly
amenable to making adjustments to that, either here or
in the Finance Committee as this goes to Finance.
There's a very large fiscal note that you might have
noticed in your packet although the fiscal note
somewhat exaggerates the extra cost here because you
have to do something with these prisoners, assuming
that there really are 1200 - a need for 1200 prison
beds. The fiscal note doesn't discount the alternatives
so something is going to be done with them.
SENATOR THERRIAULT thought that issue should be addressed by the
Finance Committee but suggested putting the authorization on the
books with an adjuster so that 10 or 15 years from now someone
can't build something that obligates the state.
CHAIRMAN TAYLOR noted the annual three percent would have a
compounding effect.
MR. BURNETT said Senator Green would be amendable to re-wording
that provision or include phase-in dates for the facilities in
the bill.
CHAIRMAN TAYLOR asked if Senator Green consulted with former
Senator Frank Ferguson on this legislation.
MR. BURNETT said he did not believe she did.
CHAIRMAN TAYLOR took public testimony.
COMMISSIONER MARGARET PUGH, Department of Corrections, verified
that Margot Knuth was available via teleconference, and said they
were willing to answer any questions.
MS. MARGOT KNUTH, Strategic Planning Coordinator, Department of
Corrections, thanked the committee for hearing SB 231 and said it
represents a regional approach to expanding prisons and jails.
The Administration supports the concept of regionalization.
Alaska has distinct needs for both jail beds and for prison beds.
SB 231 recognizes those two parallel needs and contains a select
number of beds in the right locations. She noted the number of
beds in Fairbanks and Bethel will just keep up with the jail
needs of those communities. The expansion would allow those
facilities to house pre-trial felons and inmates with short
sentences. The expansion will not bring home prisoners from that
area with lengthy sentences. Those inmates will serve their
sentences in the state's prison facilities at Spring Creek,
Palmer, or Wildwood.
MS. KNUTH advised members that the provision for the Mat-Su
Borough in SB 231 should refer to "facilities" because the number
of beds identified would be placed in the Palmer Correctional
Center, the Mat-Su Pre-Trial facility and the Point MacKenzie
prison farm.
COMMISSIONER PUGH informed members that error was corrected in
the Community and Regional Affairs Committee Substitute.
MS. KNUTH said SB 231 also includes four community jail projects,
which are overdue. Alaska has 15 community jails and all of them
need capital funds. The four in SB 231 were selected because
they have the highest utilization rate. She stated SB 231
provides a good, holistic approach to Alaska's prison needs and
should enable all of Alaska's prisoners to come back to Alaska,
thereby keeping funds in the state. For those reasons the
Administration is generally in favor of SB 231. She offered to
answer questions.
SENATOR THERRIAULT asked which jails are community jails.
COMMISSIONER PUGH said the last four on page 2 (Dillingham,
Kodiak, Kotzebue and the North Slope Borough).
MR. DAVID GERMER, Assistant Manager of the Matanuska Susitna
Borough, affirmed the Mat-Su Borough has three facilities within
its borders and the Borough has experienced very few, if any,
problems associated with those facilities. The Borough has found
Department of Corrections employees to be good members of the
community. The Borough also recognizes that various communities
across the state have needs for expanded correctional facilities
and believes it is important that those needs be addressed. The
Borough supports the concept of expanding existing prisons, as
well as jails.
MR. GERMER noted that expansion was considered when many of the
jails were first constructed. In some places, the infrastructure
is already established. The Borough also understands from the
Department of Corrections that the prisoners who are incarcerated
close to their families and support networks have a better chance
at rehabilitation than those housed a long way away. In addition,
the economic impact associated with returning prisoners to Alaska
should be shared statewide; rural and urban Alaskans should
receive the economic benefits associated with jail and prison
expansions. He repeated that the Borough's interactions with the
Department of Corrections has shown the Department to be a very
responsive agency. The Borough firmly believes that facility
expansion should be publicly operated and managed. The Mat-Su
Borough supports SB 231 because it appropriately addresses the
overcrowded prisons and jails through a regional approach and it
spreads the economic benefits across the state of Alaska. He
noted the Ketchikan, Saxman, Fairbanks, Kenai, Juneau, Bethel,
Kodiak, Seward, Mat-Su and Palmer governments have passed
resolutions in support of SB 231.
CHAIRMAN TAYLOR noted that Deven Mitchell was available to answer
questions.
MR. DEVEN MITCHELL, Debt Manager, Department of Revenue, told
members there is one technical issue with the Spring Creek
project. At present, bonds are outstanding for the Spring Creek
facility so it would be difficult to issue additional bonds with
a different structure if the City of Seward was going to be the
conduit or issuer of those bonds. Those bonds will mature in 2006
so if the legislation has a sunset date for that project, it will
have to be later than 2006 otherwise it would be excluded from
the financing.
CHAIRMAN TAYLOR said that goes back to Senator Therriault's
question of how long the authorization will remain outstanding
and whether the legislation should contain a time limit.
SENATOR THERRIAULT asked for more detail about the Spring Creek
situation.
MR. MITCHELL explained:
The Spring Creek facility has State of Alaska
certificates of participation outstanding on it. They
have been advanced, refunded once, and then [currently]
refunded a second time so the bonds that are currently
outstanding through 2006 couldn't be refunded again
under the tax code. So, if you were to issue new bonds,
there's already a lien, if you will, placed against the
Spring Creek facility. There's a lease in place
providing security to bond purchasers so you couldn't
refinance with a different issuer until those bonds
[reached] maturity. You could issue those bonds on a
parity basis per the existing bond agreement but you'd
have to have the same issuer, which, with this
legislation, it would be the City of Seward. The
current issuer is the State of Alaska.
SENATOR THERRIAULT asked if that means that project would not be
able to go forward until the year 2006.
MR. MITCHELL said that is correct.
MR. BOB HERRON, representing the City of Bethel, stated support
for SB 231. He noted Bethel houses the Yukon Kuskokwim
Correctional Facility as a regional jail. Bethel is a hub for
about 20,000 who live in that region. The city council is in full
support of the legislation and asks the committee to move the
bill to the next committee of referral.
MR. JOHN WILLIAMS, Mayor, City of Kenai, informed members he is
representing the City Council and the community of Kenai who
support SB 231 as written. He pointed out the City of Kenai is a
first class home rule city with extra territorial powers so it
has the ability to issue bonds and construct beyond its
boundaries. He noted Wildwood is just outside the boundary of the
City of Kenai but the city has legal authority to operate it. Mr.
Williams said passage of SB 231 will put the issue of private
prisons aside. The issues of prisoner location and post-
incarceration location came up during a recent attempt to build a
prison in Kenai. Those issues will be resolved as prisoners will
be spread across the state. The use of existing infrastructure is
very important at this time when the state needs to control the
growth of government and expenditures. The issues associated with
requirements to relocate Alaskan prisoners to Alaska will be
taken care of.
MR. WILLIAMS said the question of whether the community would
support a prison has come up in former hearings. The community
voted overwhelmingly in opposition to a private prison. However,
he believes it is an absolute fact that the community will
support the addition of 256 beds at Wildwood. He repeated the
city council has discussed SB 231 at length and endorses the
concept of spreading beds throughout the state.
CHAIRMAN TAYLOR asked Mr. Williams if he is aware of any state
prison facility ever built in Alaska where the state waited for
an advisory vote from the community before it was built.
MR. WILLIAMS said not to his recollection.
CHAIRMAN TAYLOR said he doesn't remember any advisory votes on
the Spring Creek or Lemon Creek facilities either. He noted that
once a prison is built, every community that has one wants it
expanded. Chairman Taylor thanked Mr. Williams and took testimony
from Kodiak.
MS. LINDA FREED, City Manager of Kodiak, informed members the
Kodiak City Council and the Kodiak Island Borough passed a
resolution in support of SB 231. Kodiak serves as the regional
jail facility for all of the Kodiak Island Borough and part of
the Alaska Peninsula. They appreciate the regional approach in SB
231 for all of the reasons previously stated. SB 231 is very
significant for Kodiak as it is running a state contract jail in
partnership with the state in a building that is over 60 years
old. Kodiak is in a position where it either needs to rebuild or
close the facility because of liability issues. At this point,
Kodiak must pick up the entire liability cost for that facility.
As the jail ages, the liability to the City of Kodiak and its
taxpayers increases exponentially. The City believes that
rebuilding the facility will be a cost saving measure for the
state as well as Kodiak. Without this facility, the state will
incur incredible transportation costs for prisoners. The City of
Kodiak is committed to putting land into this project and it is
hoping to build a multi-use facility with a police station so it
will absorb some of the costs identified in the fiscal note. She
urged members to pass SB 231 to the next committee of referral.
MR. STEVE SWEET, representing Public Employees Local 71, stated
support for SB 231 and said by expanding existing facilities, the
state will save thousands of dollars by not having to duplicate
existing infrastructures. He questioned why Alaskans can't use
the $20 million to house prisoners in Arizona. Alaska contractors
and residents should benefit by building the new expansions for
the correctional facilities. He noted if the state hopes to
rehabilitate prisoners, it is extremely important they be near
their families for support. He stated the expanded prisons should
be operated publicly, by professionals. It makes economic sense
to expand existing facilities.
SENATOR COWDERY asked Mr. Sweet if the administrative sections of
the existing prisons would be adequate to cover the expansions or
whether those sections will have to expand also.
MR. SWEET said he believes there is adequate administration in
place.
SENATOR COWDERY announced that the committee would hold the bill
until Chairman Taylor returned and that the committee would take
up SB 302.
The committee took a brief at-ease.
2:20 p.m.
SB 302-DEFINITION OF MENTAL HEALTH PROFESSIONAL
MS. SHEILA PETERSON, staff to Senator Gary Wilken, said that she
would read the sponsor statement for Senator Wilken who was
needed to make a quorum in another committee.
SB 302 is a mental health professional definition bill.
It recognizes the growth of the clinical mental health
profession; it broadens the mental health professional
definition to include licensed clinical social workers,
licensed marital and family therapists, and a licensed
professional counselor. The current Title 47 definition
was written in 1981, prior to the passages of Alaska's
licensing requirements governing these master level
mental health clinicians.
SENATOR COWDERY asked if that was in 1981 or 1986.
MS. PETERSON explained there was a revised sponsor statement that
was provided March 21. Originally, Senator Wilken thought the
year was 1986 but upon further research found it was 1981. She
then continued reading the sponsor statement.
A more inclusive mental health professional definition
increases the capacity of Alaska's mental health system
to protect our youth and adults who are experiencing
acute psychiatric crises in our communities. Today, not
enough mental health professionals are authorized under
the current definition to respond to some critical
public safety situations, particularly in rural Alaska,
and yet there are hundreds of licensed professionals
who are qualified to aid these Alaskans but cannot, as
they do not fall within the current statutory
definition. SB 302 recognizes this problem and updates
the Title 47 definition. The expanded mental health
professional definition as stated in SB 302 increases
the number of trained professionals: who will be
allowed to provide mental health treatment for
prisoners; authorized to evaluate children and minors
in custody; to determine placement in residential
treatments; required to report incidences of harm to
vulnerable adults and allowed to conduct civil
commitment evaluations.
MS. PETERSON informed committee members that Ms. Anne Henry from
the Department of Health and Social Services was present to
answer questions if necessary.
[SENATOR WILKEN arrived.]
SENATOR THERRIAULT asked about the proposed committee substitute.
MS. PETERSON said the sponsor statement addressed the committee
substitute.
CHAIRMAN TAYLOR asked if the proposed committee substitute was
adopted.
MS. PETERSON said it was not.
SENATOR COWDERY moved to adopt Version J as the committee
substitute for SB 302.
CHAIRMAN TAYLOR announced that without objection, Version J was
adopted as the committee substitute.
SENATOR WILKEN noted that Anne Henry and others were available to
answer questions.
MS. ANNE HENRY, Division of Mental Health and Developmental
Disabilities, Department of Health and Social Services (DHSS),
told members that when the definition of mental health
professional was originally written, it included all of the
recognized professions at the time. She explained that an
evaluation for civil commitment determines whether a person is
suicidal, homicidal, or gravely disabled at that moment. When a
clinician decides in favor of civil commitment, the clinician
gets concurrence from the psychiatrist on duty at the time and
then calls a judge, who makes the final decision about commitment
to hospitalization where the person would be evaluated by a staff
psychiatrist. The law allows people who are employed by community
mental health centers around the state to do civil commitment
evaluations. They receive state funding for emergency services
for mental health crisis situations. Of about 900 licensed
professionals in Alaska now, only about 140 people work for those
agencies. Those are the people who this bill applies to. DHSS is
finding that agencies all over the state are having difficulty
hiring and retaining people of that level of professionalism. She
noted that since the law was originally written, the legislature
has recognized licensure clinical social workers, marriage and
family therapists, and professional counselors. Every one of
those professions has the statutory authority to diagnose, which
is what is done in an evaluation situation. She told members that
SB 302 is supported by DHSS, the Alaska Mental Health Authority,
the Association of Mental Health Consumers in Alaska and the
Alaska Community Mental Health Services Association.
SENATOR WILKEN referred to a chart in members' packets and said
it provides a visual explanation of what the bill will do.
CHAIRMAN TAYLOR took public testimony.
MS. SHARON BULLOCK, a licensed clinical social worker and
director of the Fairbanks Community Mental Health Center,
affirmed the Center has had difficulty hiring people straight out
of graduate school. The Center will have difficulty if SB 302 is
passed as is because the way it is written, only people with a
license or those with 24 months of experience after graduate
school can do the screenings. In Fairbanks, when someone files a
Title 47, the court gives it to the Center who sends someone out
to do the screening. The screener makes recommendations to the
court and the judge makes the final decision. The Center needs to
have enough employees who are eligible to help with the
screenings.
TAPE 02-15, SIDE B
MS. BULLOCK said she supports part of the bill that being that an
employee could be supervised by a licensed clinical worker. She
suggested shortening the 24-month requirement to 12 months.
CHAIRMAN TAYLOR informed Ms. Bullock that the committee
substitute before members provides for a 12-month period of work
experience in the field of mental illness post Masters degree.
MS. BULLOCK thanked Chairman Taylor for the update.
MR. WAYNE MCCOLLUM, a licensed clinical social worker and the
Community Support Program Director at the Fairbanks Community
Mental Health Center, stated support for the legislation and said
he shares the same concerns that Ms. Henry and Ms. Bullock
expressed. He said it is very difficult to recruit and retain
qualified individuals in the Interior and in rural communities.
SB 302 will allow the Center to recruit a wider pool of
individuals to perform an important service.
CHAIRMAN TAYLOR noted there was no one else who wished to testify
on SB 302 but the committee received a letter from Phillip Baker,
a licensed clinical psychologist from Anchorage, which he read
into the record:
My name is Phillip Baker, Licensed Clinical
Psychologist and Executive Director of the Alaska
Psychological Association. I am writing on behalf of
the Executive Staff of our association who voted
unanimously to oppose SB 302 and we urge you to oppose
this bill also.
We are aware of the need for qualified and trained
mental health professionals to work in remote
communities. We were informed that SB 302 was created
to help meet that need. The bill proposes to add
Licensed Marriage and Family Therapists, Licensed
Professional Counselors and an unlicensed mental health
worker under supervision. We feel this is the wrong
solution to the shortage of qualified mental health
workers in rural settings. Professional Counselors,
Marriage and Family Therapists and unlicensed
counselors have one or two academic courses in
assessment and evaluation, inadequate training for the
tasks required.
The unlicensed mental health worker under supervision
that is mentioned in this bill would be a great
liability to the State and to vulnerable mental health
consumers. There is no way to regulate the practices of
these particular mental health practitioners and no way
for consumers to seek recourse for inept, unethical and
poorly trained practices. Who would want their family
members, friend or loved one's mental health needs
determined by a poorly trained and unregulated provider
of these important and very personal services?
We urge you to return this bill to the Department of
Health and Social Services and inform them that SB 302
is an inadequate solution to their problem and it
increases the danger that vulnerable Alaskans will be
mistreated.
CHAIRMAN TAYLOR asked for a response to those comments.
SENATOR WILKEN said he believes Mr. Baker's concern about the
supervision of an unlicensed person has been taken care of in the
committee substitute.
MS. HENRY explained the current statute allows any Masters level
social worker with experience in the field to do civil commitment
evaluations. The committee substitute raises the qualifications
to a Masters level degree plus 12 months of experience and a six-
month internship. These professionals will be supervised by a
licensed professional, although that is not required by the
current statute. They must also be in the process of getting
licensed so their dedication to becoming licensed provides more
accountability. She noted that currently about eight PhD
psychologists work with emergency services throughout the state.
DHSS believes that most of those people work in a supervisory
capacity and do not actually do the evaluations themselves so the
work is being done by people who do not actually meet the
definition in SB 302.
CHAIRMAN TAYLOR pointed out that committee members received
several other letters.
SENATOR COWDERY said that he received letters from two
constituents who were concerned about the letter of intent that
accompanies HB 343.
MS. HENRY explained that letter of intent pertains to the
extension of the licensed professional counselor sunset date and
asks that the boards be combined and has nothing to do with SB
302.
SENATOR ELLIS commented that he voted no on similar legislation
that passed through the committee last year because he received
an overwhelming amount of letters from people who express concern
about how careful the state should be in the area of civil
commitments because to deny a person their freedom or civil
liberties for any period of time is an awesome power. He asked
Ms. Henry to walk him through the civil commitment process and to
describe the minimum credentials of a professional who would be
permitted to do an evaluation.
MS. HENRY asked that Stacie Kraly answer that question.
MS. STACIE KRALY, Assistant Attorney General, Department of Law,
informed members that she does the civil commitments for
Southeast Alaska. She said she would defer to Ms. Henry to
describe the clinical part of the civil commitment process. She
explained that the process works in Juneau in the following way.
An individual who is in crisis is, either through a family
member, a police officer or a concerned community member, usually
brought to a hospital for a medical evaluation. If it appears the
individual is decompensating and suffering from a mental illness,
a clinical person is called in. An emergency services worker from
the Juneau Alliance for the Mentally Ill goes to the hospital to
conduct an evaluation of the individual in consultation with a
physician and sometimes a psychiatrist. An evaluation can take up
to four hours to determine whether the individual meets the
statutory criteria for a commitment; that being whether the
individual is mentally ill and as a result is a threat to self or
others or is gravely disabled. If the individual meets the
statutory criteria, the clinician meets with a psychiatrist to
make sure the assessment is accurate. The clinician then calls
the judicial officer and makes a recommendation and explains the
reasons behind the recommendation, i.e., the individual is
suicidal or was brandishing a knife in McDonald's. The judge
then determines whether to commit that person for 72 hours. If
so, the judge issues an ex parte order and the individual is
transferred from the emergency room to the mental health ward at
the hospital. Over the next 72 hours, the individual is evaluated
every 24 hours by a clinician, psychiatrist, and social worker at
the hospital. Within those 72 hours they are either released if
they no longer meet the criteria, they may volunteer to stay
longer, or the Department of Law can file a petition for a 30 day
commitment whereupon the Department goes to court, presents
evidence and calls witnesses, and the judge determines whether
the individual should be committed for up to 30 days.
CHAIRMAN TAYLOR asked Ms. Kraly to address Senator Ellis's
question about the minimum qualifications allowed for a clinician
under SB 302.
MS. KRALY said that statewide, in rural communities, the minimum
level could be pretty low. Statutorily the lowest level would be
an unlicensed social worker who is not supervised. In Juneau, a
few PhDs do this work.
CHAIRMAN TAYLOR asked how that would change under SB 302.
MS. KRALY replied that it would remain the same in the sense that
there would be the added qualifications of intending to be
licensed, having 12 months of supervision and clinical
experience.
SENATOR ELLIS asked if passage of the bill will increase the
qualification requirements of the lowest level person.
MS. KRALY replied, "Most definitely."
SENATOR ELLIS said he appreciated the explanation about Juneau,
although he is concerned about villages like Chevak or Kaktovik.
MS. KRALY said the process is basically the same everywhere so
that if an individual was being committed in Hoonah or Craig, a
village public safety officer would call a judge and provide the
information and the judge would order that the individual be
transferred to an evaluation facility in either Ketchikan, Sitka
or Juneau where the process would start over. If there is a
mental health professional in a rural village, he or she would
initiate the proceedings.
SENATOR ELLIS said his concern is that SB 302 dramatically
expands the number of people who can participate in this process,
yet the qualifications will be higher, not lower.
MS. HENRY explained that SB 302 expands the disciplines that are
recognized as being licensed and, in terms of those people that
are not licensed, it requires them to have a certain level of
experience, including the Masters degree. Currently, any social
worker with a Masters degree, whether trained clinically or not,
can do a civil commitment. A good portion of people who did civil
commitments in the past did not have clinical education. She
repeated the bill will require a Masters degree, 12 months of
field experience, and working toward being licensed. The pool
will be expanded because it includes all of the different
licensed disciplines.
SENATOR ELLIS asked if the impact will be an improvement in the
quality of the work done or whether it will just increase the
number of people who can do civil commitments.
MS. HENRY said she believes both will increase. She noted that
she recently spoke with the director of the mental health center
in Galena who said Galena has had no VPSO for six months, there
are two troopers who could participate but they cover an area the
size of Oregon, and she is not qualified to participate. The
troopers have told her that unless someone has a knife, gun or
rope in their hands, they will not get involved because they have
more urgent priorities. Ms. Henry said if no one in the community
is qualified, individuals end up in jail or being sent home with
family members who don't know what to do. She noted that the
Alaska Psychiatric Institute has reported that it gets an
inappropriate number of people come in to be committed so they
are sent back, a traumatic and expensive experience. She said she
believes SB 302 will provide greater access to those people who
really need services in a time of crisis and with Alaska's high
suicide rate, the need is critical.
SENATOR THERRIAULT said he received a lot of feedback on last
year's civil commitment bill but most of the people who wrote
were under the mistaken assumption that individuals would be able
to commit themselves. He asked what level of scrutiny the judges
use to make these determinations.
MS. KRALY said under the ex parte order it is similar to a
probable cause situation. For a 30-day commitment or anything
further, the standard is clear and convincing evidence on the
part of the state in the form of expert testimony by a
psychiatrist.
SENATOR THERRIAULT commented the scrutiny is fairly loose for the
initial 72 hours but anything after that is more rigorous.
MS. KRALY said that if, at any time during the 72-hour evaluation
period, the individual no longer meets the statutory criteria,
the individual must be released. She noted that very few
individuals are sent to a 30-day commitment hearing; most people
are released or go voluntarily.
SENATOR COWDERY asked Ms. Kraly if her recommendations have ever
been denied by the court.
MS. KRALY said yes, occasionally. She said the judges she works
with in the First Judicial District are very aware of the liberty
interests at stake and take these cases very seriously. They do
not grant 30-day commitments with any joy.
SENATOR COWDERY asked Ms. Kraly if she has denied the
recommendation of another.
MS. KRALY said that is an interesting question because many of
these petitions are based upon medical expertise and she
certainly would defer to a psychiatrist who believes that a
petition should go forward. However, there have been instances in
which she has questioned whether or not the petition is
appropriate, so she has questioned some of the petitions she has
seen but generally she defers to the experts.
MS. HENRY added that the standard in the mental health profession
is to do whatever is the least restrictive, given the particular
situation. She said she is aware of situations where clinicians
have had to come up with alternatives to keep the individual safe
because the individual does not quite fit the statutory criteria.
CHAIRMAN TAYLOR maintained that because of the arduousness of the
task, it is probably easier to charge a person with a criminal
act so it is important to get the best people involved. He added
that Joe Juneau was successful in establishing the mine in
Juneau. His family was concerned about his activities and wanted
to take over his mine. In the Territorial Days, if 10 friends and
neighbors signed a petition, you went before a judge and the
judge would decide whether you should be committed. Mr. Juneau
was committed to a mental institution and his family took over
the business. Several years later, Mr. Juneau returned to Juneau
with a certificate declaring that he was safe. Chairman Taylor
found it ironic that no one else in the town could be declared to
be safe. Chairman Taylor noted we have come a long way and
thanked the sponsor and DHSS staff for their efforts.
SENATOR ELLIS said he appreciates the work done on the bill also.
He noted that the people who contacted him last year did not seem
to be misguided about who had the power to do a civil commitment.
Their main point seemed to be that the people who do the initial
evaluations have a lot of influence in the process. He said he
believes SB 302 is moving in a good direction and that he will
have to trust professional judgment about the balances this bill
strikes. He asked participants to keep in mind that the goal is
to increase the quality of mental health professionals. He noted
that the lack of funding in rural areas and difficulty in
providing decent coverage across the state should not be used as
an excuse to change the laws. He said that does not appear to be
the reason for SB 302 but it is of concern.
CHAIRMAN TAYLOR said with no further testimony or comments, he
would entertain a motion.
SENATOR COWDERY moved to pass SB 302 from committee with
individual recommendations. There being no objection, the motion
carried.
CHAIRMAN TAYLOR said he is seriously concerned about the issue
raised by Senator Therriault that there be some limitation placed
on two provisions within SB 231. The first is the unlimited
aspect of authorization and whether some parameters should be
placed on that provision. The second concern is whether or not
the bill should contain an automatic ratchet on the 3 percent. He
felt that is a fiscal matter that should be taken up by the
Senate Finance Committee. He then announced that he would hold
the bill in committee and bring it up again the following day and
adjourned the meeting at 2:58 p.m.
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