CSHCR 26(HES): Relating to creation of the Public Inebriate Task Force.
00CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(HES) 01 Relating to creation of the Public Inebriate Task Force. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS, with passage of the Federal Uniform Alcoholism and Intoxication 04 Treatment Act of 1971, the State of Alaska adopted the following policy: "that alcoholics and 05 intoxicated persons should not be criminally prosecuted for their consumption of alcoholic 06 beverages and that they should be afforded a continuum of treatment that can introduce them 07 to, and help them learn new life skills and social skills that would be useful to them in 08 attaining and maintaining normal lives as productive members of society"; and 09 WHEREAS Title 47 of the Alaska Statutes requires that inebriates be taken to the 10 closest medical facility for screening before placing the inebriates in a public treatment facility 11 or if none is available, in a city- or state-owned holding cell for a maximum of 12 hours or 12 until their blood alcohol level is less than .10 and the costs of these medical screenings or the 13 payment for the medical screenings have never been defined by AS 47; and 14 WHEREAS local medical facilities are directed to provide medical screening and
01 medical treatment to intoxicated persons brought to them by public safety officials or 02 emergency service personnel and can expect no remuneration for these services; and 03 WHEREAS community and state detention facilities, which are already overcrowded, 04 must provide protective custody to persons who are taken into custody by community service 05 patrols or public safety officials; and 06 WHEREAS this federal and state mandate has placed a significant burden on 07 communities, especially those rural communities that do not have a continuum of treatment 08 services available to effectively address this problem; and 09 WHEREAS this policy has created a public safety issue that results in an inordinate 10 burden on local public safety officials to protect these individuals; and 11 WHEREAS, if this public safety issue is ignored, municipalities face significant legal 12 liability issues; 13 BE IT RESOLVED that the Alaska State legislature establishes the Public Inebriate 14 Task Force in order to develop and recommend to the legislature a plan for treatment and 15 services for intoxicated persons and persons incapacitated by alcohol; and be it 16 FURTHER RESOLVED that the task force shall 17 (1) evaluate federal law and state statutory and regulatory language relating to 18 the protective custody provisions of AS 47; 19 (2) identify methods that may be implemented to minimize use of the 20 protective custody provisions of AS 47; 21 (3) identify methods that may be implemented to maximize opportunity for 22 treatment; 23 (4) determine costs to communities, public health facilities, and detention 24 facilities; 25 (5) determine other costs related to the protective custody provisions of AS 47; 26 (6) evaluate and determine methods to utilize community solutions; 27 (7) evaluate policy that will organize and allow state departments to work 28 collaboratively to solve this problem; and be it 29 FURTHER RESOLVED that the task force shall consist of 11 voting members as 30 follows: 31 (1) one member of the House of Representatives appointed by the Speaker of
01 the House; 02 (2) one member of the Senate appointed by the President of the Senate; and 03 (3) nine members appointed jointly by the Speaker of the House and the 04 President of the Senate as follows: 05 (A) one member of the Advisory Council on Alcohol and Drug Abuse; 06 (B) one member from the Department of Health and Social Services; 07 (C) two members nominated by the Alaska Municipal League; 08 (D) one member from the Department of Public Safety; 09 (E) one member of the Alaska Mental Health Trust Authority; 10 (F) one member from the Department of Corrections; 11 (G) one health provider representing community hospital administrators; 12 and 13 (H) one member from the Alaska Native Health Board; and be it 14 FURTHER RESOLVED that the task force shall select a chair and vice-chair from 15 the members of the task force, shall meet as frequently as the task force determines necessary 16 to perform its work, and may meet and vote by teleconference; and be it 17 FURTHER RESOLVED that the conduct of the task force meetings shall be in 18 sessions open to the public where all interested parties may provide information; and be it 19 FURTHER RESOLVED that the task force may hire staff to carry out its duties; and 20 be it 21 FURTHER RESOLVED that the task force shall report its findings and 22 recommendations to the Governor and the Legislature by March 1, 1997; and be it 23 FURTHER RESOLVED that the task force is terminated on March 1, 1997.