Legislature(2023 - 2024)BUTROVICH 205
04/29/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| Presentation(s): Wellness and Training Program by the Department of Public Safety | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 66 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 29, 2024
1:30 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Cathy Giessel
Senator Löki Tobin
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 66(FIN) AM
"An Act relating to homicide resulting from conduct involving
controlled substances; relating to misconduct involving a
controlled substance; relating to sentencing; and providing for
an effective date."
- HEARD & HELD
PRESENTATION(S): WELLNESS AND TRAINING PROGRAM BY THE DEPARTMENT
OF PUBLIC SAFETY
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 66
SHORT TITLE: CONTROLLED SUB;HOMICIDE;CRIMES;SENTENCING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/08/23 (H) READ THE FIRST TIME - REFERRALS
02/08/23 (H) JUD, FIN
02/27/23 (H) JUD AT 1:30 PM GRUENBERG 120
02/27/23 (H) Heard & Held
02/27/23 (H) MINUTE(JUD)
03/01/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/01/23 (H) Heard & Held
03/01/23 (H) MINUTE(JUD)
03/03/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/03/23 (H) Heard & Held
03/03/23 (H) MINUTE(JUD)
03/06/23 (H) JUD AT 1:30 PM GRUENBERG 120
03/06/23 (H) Heard & Held
03/06/23 (H) MINUTE(JUD)
03/24/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/24/23 (H) Moved CSHB 66(JUD) Out of Committee
03/24/23 (H) MINUTE(JUD)
03/27/23 (H) JUD RPT CS(JUD) NEW TITLE 4DP 1DNP 1NR
1AM
03/27/23 (H) DP: C.JOHNSON, CARPENTER, ALLARD, VANCE
03/27/23 (H) DNP: EASTMAN
03/27/23 (H) NR: GROH
03/27/23 (H) AM: GRAY
04/13/23 (H) FIN AT 1:30 PM ADAMS 519
04/13/23 (H) Heard & Held
04/13/23 (H) MINUTE(FIN)
05/01/23 (H) FIN AT 1:30 PM ADAMS 519
05/01/23 (H) Heard & Held
05/01/23 (H) MINUTE(FIN)
05/05/23 (H) FIN AT 9:30 AM ADAMS 519
05/05/23 (H) Moved CSHB 66(FIN) Out of Committee
05/05/23 (H) MINUTE(FIN)
05/08/23 (H) FIN RPT CS(FIN) NEW TITLE 2DP 5NR 2AM
05/08/23 (H) DP: EDGMON, D.JOHNSON
05/08/23 (H) NR: CRONK, HANNAN, STAPP, ORTIZ, FOSTER
05/08/23 (H) AM: JOSEPHSON, GALVIN
05/11/23 (H) TRANSMITTED TO (S)
05/11/23 (H) VERSION: CSHB 66(FIN) AM
05/12/23 (S) READ THE FIRST TIME - REFERRALS
05/12/23 (S) JUD, FIN
05/15/23 (S) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23
05/16/23 (S) JUD AT 9:00 AM BUTROVICH 205
05/16/23 (S) -- MEETING CANCELED --
02/28/24 (S) JUD AT 1:30 PM BUTROVICH 205
02/28/24 (S) Heard & Held
02/28/24 (S) MINUTE(JUD)
04/29/24 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
ANGIE KEMP, Director
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions on the provisions
included in the proposed SCS for HB 66.
LIEUTENANT KID CHAN, Alaska Statewide Operations
Alaska State Troopers
Anchorage, Alaska
POSITION STATEMENT: Delivered a presentation on the department
wellness and training program.
LIEUTENANT MICHAEL HENRY, Detachment E
Alaska State Troopers
Soldotna, Alaska
POSITION STATEMENT: Responded to questions pertaining to the
mental health segment of the presentation.
ACTION NARRATIVE
1:30:49 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:30 p.m. Present at the call to order were
Senators Kiehl, Tobin, and Chair Claman. Senators Kaufman and
Giessel arrived thereafter.
HB 66-CONTROLLED SUB;HOMICIDE;CRIMES;SENTENCING
1:31:21 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL
NO. 66(FIN) am "An Act relating to homicide resulting from
conduct involving controlled substances; relating to misconduct
involving a controlled substance; relating to sentencing; and
providing for an effective date."
1:31:51 PM
SENATOR KAUFMAN joined the meeting.
1:32:23 PM
ANGIE KEMP, Director, Criminal Division, Department of Law,
Juneau, Alaska, expressed appreciation for the framing of the
Senate committee substitute (SCS) and said she was available to
answer questions.
1:32:59 PM
CHAIR CLAMAN said that the SCS includes provisions from HB 66,
HB 265, SB 53, and SB 65. He asked Ms. Kemp to speak to these,
insofar as they are built into the CS.
1:33:19 PM
MS. KEMP replied that the SCS consolidates various provisions
from the aforementioned pieces of legislation. First, the grand
jury provision related to allowing summaries of witness
statements to be presented. (This was initially part of HB 67.)
She said this is to avoid retraumatizing the victims of crime.
This is a priority for the Department of Law (DOL) and is
important for victims' rights and the associated constitutional
provisions protecting those rights. She explained that this
provision allows victims to summarize admissible evidence. The
SCS acknowledges that the rules of hearsay do not apply at grand
jury proceedings and mirrors (in part) the federal government's
rules of procedure. Alaska would remain an outlier due to this
partial adoption of the federal rules of procedure. However,
several other states have adopted similar rules of procedure
(e.g. Alabama, Maine, Delaware, Kentucky, etc.).
1:36:20 PM
CHAIR CLAMAN requested comments about the provisions from HB
265.
1:36:32 PM
SENATOR GIESSEL joined the meeting.
MS. KEMP briefly discussed the "name change" provision (HB 265),
which would change "child pornography" to "child sexual abuse
material."
1:37:47 PM
CHAIR CLAMAN noted that the Senate recently passed legislation
related to competency and involuntary civil commitments and
surmised that committee members would therefore be familiar with
the provisions associated with SB 53. He asked about HB 66.
1:38:07 PM
MS. KEMP said that HB 66 is designed to recognize a public
health crisis related to fentanyl and methamphetamine. She
directed attention to the Alaska Public Health Report which
shows that from 2018-2022, there was a 150 percent increase in
the number of overdose deaths involving fentanyl and
methamphetamine. She pointed out that the availability of
overdose kits has impacted this number, though it continues to
increase. HB 66 is intended to deter offences involving these
substances in an effort to mitigate the worsening public health
crisis.
1:39:42 PM
SENATOR TOBIN referred to the Department of Corrections (DOC)
zero fiscal note and said that recent data indicated a
relationship between individuals exiting DOC and overdoses. She
questioned whether treatment would be offered within DOC for
those who would be incarcerated because of the change - and
whether an increased number of incarcerated individuals is
expected. She wondered why it is a zero fiscal note, given these
concerns.
1:40:37 PM
MS. KEMP replied that she cannot speak to a DOC fiscal note. She
directed attention to Department of Law's fiscal note and said
that, while increased litigation is expected, the costs related
to HB 66 can likely be absorbed without requiring additional
positions.
1:41:12 PM
CHAIR CLAMAN commented that HB 66 would be held in committee;
therefore, DOC could provide this information at the next
hearing.
1:41:24 PM
SENATOR TOBIN commented that a 2021 meta-analysis of 116 studies
on recidivism showed that instances of reincarceration do not
deter crime. She wondered how HB 66 would stop this crisis,
given that it is not supported by the data.
MS. KEMP indicated that she is not familiar with the meta-
analysis but would like to review it. She opined that there is a
great deal of complicated data available on this issue. She said
that criminal law allows for inherent deterrents. The sentencing
criteria that prosecutors look to includes both individual and
community deterrents. This is particularly true for fentanyl
cases. While incarceration alone is not the answer, it
encourages rehabilitation. For example, the resolution of these
cases involves seeking treatment in some capacity (or having it
made available to them) in addition to incarceration. She said
that there are many ways to resolve these cases in order to meet
the goal of rehabilitation.
SENATOR TOBIN said that she would like to speak with DOC
regarding the substance treatment being referenced, which is not
included in the zero fiscal note. She emphasized that, if the
goal is to rehabilitate these individuals, the state must
provide the necessary services while they are incarcerated.
1:44:10 PM
SENATOR KIEHL pointed out that the residential substance abuse
treatment program within DOC is available during the last 6
months of an inmate's sentence - regardless of sentence length.
He opined that there is no material difference - with respect to
sentencing - in the realistic likelihood of getting inmates off
the drug(s), whether or not HB 66 is passed. He turned his
attention to the language of the legislation and the challenge
of differentiating drug dealers, importers, and producers from
fellow users. He asked whether HB 66 addressed this legal
drafting challenge.
MS. KEMP replied not to her recollection. She acknowledged the
challenge of carving out these factual distinctions. She
surmised that this would be taken into consideration when
determining how a case is handled (i.e. within the broad
discretion granted to prosecutors) - regardless of whether it is
codified in statute.
1:46:14 PM
SENATOR GIESSEL commented that repeated incarceration can be
considered steps to rehabilitation, as each incarceration puts
the individual through withdrawal and treatment. She noted that
buprenorphine is costly and must be continued post-release. She
questioned whether Medicaid is covering the cost. She said that
there are tools (such as this) that are effective, although it
takes time. She expressed disagreement with the notion that
repeated incarceration is unhelpful.
1:47:37 PM
CHAIR CLAMAN noted that there is a summary of changes available
and solicited a motion.
1:47:48 PM
SENATOR KIEHL moved to adopt the Senate committee substitute
(SCS) for CSHB 66, work order 33-GH1482\Y, as the working
document.
1:48:09 PM
CHAIR CLAMAN found no objection and SCS CSHB 66 was adopted as
the working document.
CHAIR CLAMAN held HB 66 in committee.
^PRESENTATION(S): WELLNESS AND TRAINING PROGRAM BY THE
DEPARTMENT OF PUBLIC SAFETY
PRESENTATION(S): WELLNESS AND TRAINING PROGRAM
BY THE
DEPARTMENT OF PUBLIC SAFETY
1:49:03 PM
CHAIR CLAMAN announced a presentation from the Department of
Public Safety (DPS). He invited LIEUTENANT CHAN to put himself
on the record and begin the presentation.
1:49:33 PM
At ease.
1:51:29 PM
CHAIR CLAMAN reconvened the meeting and invited Lieutenant Chan
to begin his presentation.
1:51:36 PM
LIEUTENANT KID CHAN, Alaska Statewide Operations, Alaska State
Troopers, Anchorage, Alaska, explained that the presentation
would cover the wellness program as well as the training
troopers receive to better respond to subjects experiencing
mental health crises, including Alzheimer's and dementia. He
moved to slide 2:
[Original punctuation provided.]
Wellness Program Background
• Created the peer support program for the wellness of
our members and to help with retention
• Created under the authority of the Commissioner, the
Critical Incident Response Team (CIRT) for peer-to-
peer support has been in place since 2013
• Department of Public Safety (DPS) CIRT was modeled
after the U.S. Marshals Services Peer Program
• Has improved and expanded significantly under
Commissioner Cockrell as the program was
restructured to increase utilization
1:54:00 PM
LIEUTENANT CHAN moved to slide 3, Wellness Program Components:
CIRT
[Original punctuation provided.]
Wellness Program Components: CIRT
• Six Peer Support Teams comprised four teams of sworn
department members, one of spouses and family
members of active employees, and one of Chaplains;
new members are brought onto the teams to prevent
burnout
• In 2022, approximately 1,000 peer support contacts
were made with little to no therapist engagement
• In 2023, increased peer support contacts to
approximately 1,900 and over a dozen people reached
out to therapists through the app
• Conducted approximately 18 critical incident stress
debriefings, with over 100 people in attendance
• Embraced a "proactive" approach to wellness to help
de-stigmatize seeking resources or assistance
1:54:57 PM
LIEUTENANT CHAN moved to slide 4, Peer Support Program Member
Training
[Original punctuation provided.]
Peer Support Program Member Training
• All new peer members are required to attend a five-
day training by the International Critical Incident
Stress Foundation (ICISF) Response to Group and
Individuals in Crisis certification course
• Upon successful completion of the certification
course, new peer members are equipped with tools to
help their peers
• Advanced ICISF course
• Attend new peers certification course-Powers in
Peers
1:56:36 PM
LIEUTENANT CHAN moved to slide 5, Wellness Program Components:
The App
[Original punctuation provided.]
Wellness Program Components: The App
• Funded by the Alaska Police Standards Council and
Mental Health Trust Authority Authorized Receipts
• Confidential tool that hosts all its wellness
resources in one location
• Primary means for employees to contact the Peer
Support Team; second year in use and over 300 users
to date
• 90 percent of officers say cultural stigma creates a
barrier to getting help for emotional or behavioral
issues. Left unaddressed, stress can lead to
destructive behaviors and poor decision-making,
including excessive use of force
• Resource for troopers, retired troopers, Village
Public Safety Officers, local law enforcement
agencies, other first responders, spouses, and
civilian employees
LIEUTENANT CHAN noted that the only item tracked is the number
of users signed on to the app. He briefly discussed the shift in
culture that has allowed DPS officers to feel more comfortable
addressing emotional and behavioral health concerns.
1:59:01 PM
LIEUTENANT CHAN moved to slide 6:
[Original punctuation provided.]
Wellness Program Components: Clinician
• Identifying and enhancing existing wellness
resources
• Providing counseling services to department members
free of charge
• Developing and providing wellness education
• Collaborating with academic institutions on
innovative (law enforcement) studies
• Developing partnerships with health and wellness
providers
• Staying abreast of wellness program best practices
through research
• Serving as an advocate for employees enduring
personal or professional difficulties
2:01:04 PM
LIEUTENANT CHAN moved to slide 7:
[Original punctuation provided.]
Crisis Intervention Team (CIT)
• The Department of Public Safety (DPS) supports the
Mat-Su CIT Coalition and its certification
application to CIT International; first involved in
2015
• The CIT Coalition was formed to develop first
responder partnerships, provide training, and
explore additional solutions for individuals in
crisis with mental illness or addiction disorders
beyond the criminal justice system
• DPS developed partnerships establishing crisis
intervention programs and delivering Mental Health
First Aid (MHFA) training and the CIT Academy; the
first CIT training was held in the Mat-Su Valley in
2017
• DPS strives to train more Troopers in CIT to help
with interactions with members of the community who
are experiencing a mental health crisis.
2:03:22 PM
LIEUTENANT CHAN moved to slide 8:
[Original punctuation provided.]
Crisis Intervention Team (CIT)
• 40-hour training program for law enforcement
officers that includes basic information about
mental illness, local mental health systems,
policies, interaction with consumers and family
members to learn about their experiences, verbal de-
escalation techniques and strategies, and role-
playing
• Consumer and family involvement in steering and
advisory committees and in coordinating training
sessions
• A community collaboration between mental health
providers, law enforcement officers, family, and
consumer advocates
• Determines the best way to transfer people with
mental illness from police custody to the community
mental health systems and ensures adequate services
for triage
2:05:01 PM
SENATOR GIESSEL asked if this program is similar to the Crisis
Now program that many communities are using.
LIEUTENANT CHAN replied that other law enforcement agencies
around the state use this program and are setting up (or have
set up) Mobile Crisis Teams (MCT).
2:06:00 PM
SENATOR GIESSEL said that this seems duplicative of the programs
that communities are using that involve clinician response to
mental health crises.
2:06:18 PM
LIEUTENANT CHAN clarified that the Mobile Crisis Team (MCT) is a
function of the Crisis Now program. The Crisis Now program is
under the umbrella of Crisis Intervention Teams (CIT), which is
a national initiative. He explained that both clinicians and
fire and emergency medical services (EMS) are involved in
MCT/Crisis Now. He emphasized that all personnel are trained in
recognizing substance abuse and behavioral/mental health
services.
2:06:56 PM
CHAIR CLAMAN commented that Anchorage has MCT with some members
who are not law enforcement. He asked if this is in line with
the national structure of CIT.
LIEUTENANT CHAN replied yes. He explained that every MCT has a
clinician or a fire/EMS member - and these individuals are not
law enforcement. These members also receive CIT training.
2:07:43 PM
LIEUTENANT CHAN moved to slide 9:
[Original punctuation provided.]
Mental Health Training Overview
• Recognizing symptoms and identifying strategies to
respond to persons in crisis while obtaining
voluntary cooperation and maintaining officer safety
• Ongoing goal to improve law enforcement response and
service to persons in crisis
• Learning about available resources for persons in
crisis
• Understanding the Americans with Disabilities Act,
Title 47, and other legal requirements
• Different types of mental health conditions
• Other behavioral health concerns such as suicide
2:09:32 PM
LIEUTENANT MICHAEL HENRY, Detachment E, Alaska State Troopers,
Soldotna, Alaska, explained that MCTs (located throughout the
state) are multidisciplinary teams. Each team includes a mental
health professional who is available to respond to a mental
health crisis as it occurs. Law enforcement and EMS respond to
crises in areas without local MCTs. In addition, some areas have
mental health crisis stabilization centers. In locations where
these centers are not available, individuals in crisis are taken
to the local emergency room. Individuals who have committed
criminal offences are incarcerated. He stated that the new
training program attempts to bridge the gap with respect to how
law enforcement is responding to these incidents when the
resources available are limited.
2:12:52 PM
LIEUTENANT CHAN moved to slides 10 - 11:
[Original punctuation provided.]
Alzheimer's and Dementia Training
• Knowledge and understanding of Alzheimer's disease
(AD) is the key to positive interactions and
successful outcomes
• About 50 percent of dementia cases are Alzheimer's
• With over half of all dementia cases suffering from
Alzheimer's, troopers need a strong base of
awareness and understanding to effectively handle
any situation involving a person with AD
• Familiarize with the unique aspects of AD and learn
the best ways to recognize, communicate with, and
respond to people with AD
• Proper training and knowledge will encourage
successful interactions and outcomes
2:13:47 PM
CHAIR CLAMAN asked whether Alzheimer's training is now a part of
Alaska State Trooper Academy training.
LIEUTENANT CHAN replied yes.
CHAIR CLAMAN asked when it was incorporated into the academy
training.
LIEUTENANT CHAN offered his understanding that it has been a
part of the academy training for at least five years. He said
that the 12-hour course replaced an 8-hour mental health first
aid course, which did not offer sufficient education on the
challenges associated with these crises.
2:14:41 PM
SENATOR TOBIN directed attention to slide 10, which states that
50 percent of the mental health cases are related to dementia.
She asked what percentage of all cases are related to dementia.
LIEUTENANT CHAN said that he does not have those statistics and
would follow up with answer.
2:15:14 PM
LIEUTENANT CHAN moved to slide 11, Alzheimer's and Dementia
Training continued:
[Original punctuation provided.]
Things we can do to assist:
• Communicate slower and ask simple questions
• Ask for specifics about where they live and with
whom, where they're going, how they got where they
are
• Ask who the president is
• Look for identification bracelets
• Be patient and understanding
Sundowning: When an individual becomes disoriented or
confused in the evening after being coherent during
the early part of the day
2:16:58 PM
LIEUTENANT CHAN moved to slides 12 - 13, Alzheimer's and
Dementia Symptoms/Training:
[Original punctuation provided.]
• Sometimes steal items may not want to treat as a
criminal case; rather get them to help
• May make calls for assistance or become paranoid, believe
items are missing
• Family may have moved some things for the person's own
protection
• Items that would be considered a routine activity,
such as cooking, but are now unable to be done safely,
so pots and pans are removed
LIEUTENANT CHAN stated that fire and EMS are on site during
these calls.
2:18:34 PM
LIEUTENANT CHAN moved to slide 13, Alzheimer's and Dementia
Symptoms/Training, continued:
[Original punctuation provided.]
Individuals with dementia may:
• Not know where they are
• Give vague answers to where they live, what they're
doing
• Be dressed inappropriately or look disheveled
• Misplace things and lose the ability to retrace
steps
• Have decreased or poor judgment
2:19:14 PM
LIEUTENANT CHAN moved to slides 14 - 15:
[Original punctuation provided.]
Responding to Alzheimer's and Dementia
• Don't challenge the person's reality
• Work with individuals through de-escalation
• People with Alzheimer's are often frail
• Instruct officers to slow down and help those who
need it
• Talk to the individual as if a loved one
2:20:25 PM
LIEUTENANT CHAN moved to slide 15: Responding to Alzheimer's and
Dementia, continued:
[Original punctuation provided.]
• They're usually scared due to their confusion
• Address their basic needs
• If you were out there, how would you want to be treated
• Don't be too abrupt; try to talk to them to make them
more comfortable
• Taking them into custody is best accomplished verbally if
at all possible
2:21:58 PM
SENATOR KAUFMAN asked if different forms of dementia receive a
different response.
LIEUTENANT CHAN replied no. He explained that all forms of
dementia share similar symptoms with respect to diminished
capacity. He said that troopers always exercise due care when
interacting with these individuals.
2:22:41 PM
CHAIR CLAMAN said that constituents have inquired about law
enforcement's Alzheimer's and dementia training. He asked if the
academy training program for these is permanently set or if it
will continue to be developed and improved.
2:22:57 PM
LIEUTENANT CHAN replied that AST is always working to improve
training. He said that training evolves over time, as more
information becomes available. He emphasized that the goal is to
ensure that the troopers receive training that reflects current
and best practices.
2:23:19 PM
CHAIR CLAMAN expressed appreciation for the presentation.
2:23:50 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:23 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Department of Public Safety Presentation to Senate Judiciary 4.29.2024.pdf |
SJUD 4/29/2024 1:30:00 PM |
|
| HB 66 version Y.pdf |
SJUD 4/29/2024 1:30:00 PM |
HB 66 |
| HB 66 Summary of Changes Version S to Version Y 4.29.2024.pdf |
SJUD 4/29/2024 1:30:00 PM |
HB 66 |