CSHB 366(STA): "An Act relating to reporting an involuntary mental health commitment to the National Instant Criminal Background Check System; relating to the sealing of records of mental health proceedings; and relating to relief from disabilities of a record of involuntary commitment and an adjudication of mental illness or mental incompetence."
00 CS FOR HOUSE BILL NO. 366(STA) 01 "An Act relating to reporting an involuntary mental health commitment to the National 02 Instant Criminal Background Check System; relating to the sealing of records of mental 03 health proceedings; and relating to relief from disabilities of a record of involuntary 04 commitment and an adjudication of mental illness or mental incompetence." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.41 is amended by adding a new section to read: 07 Sec. 44.41.045. Information and records concerning involuntary 08 commitment and adjudication of mental illness or mental incompetence. (a) Upon 09 receiving information under AS 47.30.907, the Department of Public Safety shall 10 transmit the information to the United States Department of Justice for inclusion in the 11 National Instant Criminal Background Check System established under P.L. 103-159, 12 107 Stat. 1536 (Brady Handgun Violence Prevention Act). 13 (b) In transmitting information to the National Instant Criminal Background 14 Check System under (a) of this section, the Department of Public Safety may not
01 disclose diagnostic or treatment information regarding the person. 02 (c) The Department of Public Safety may not use or permit the use of the 03 information obtained or retained under this section for a purpose not specified in this 04 section, except that the department may use the information to determine whether a 05 person is qualified to receive and hold a permit to carry a concealed handgun under 06 AS 18.65.705. 07 (d) Information obtained or retained under this section is confidential and is 08 not a public record. 09 * Sec. 2. AS 47.30.845 is amended to read: 10 Sec. 47.30.845. Confidential records. Information and records obtained in the 11 course of a screening investigation, evaluation, examination, or treatment are 12 confidential and are not public records, except as the requirements of a hearing under 13 AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 14 records may be copied and disclosed under regulations established by the department 15 only to 16 (1) a physician or a provider of health, mental health, or social and 17 welfare services involved in caring for, treating, or rehabilitating the patient; 18 (2) the patient or an individual to whom the patient has given written 19 consent to have information disclosed; 20 (3) a person authorized by a court order; 21 (4) a person doing research or maintaining health statistics if the 22 anonymity of the patient is assured and the facility recognizes the project as a bona 23 fide research or statistical undertaking; 24 (5) the Department of Corrections in a case in which a prisoner 25 confined to the state prison is a patient in the state hospital on authorized transfer 26 either by voluntary admission or by court order; 27 (6) a governmental or law enforcement agency when necessary to 28 secure the return of a patient who is on unauthorized absence from a facility where the 29 patient was undergoing evaluation or treatment; 30 (7) a law enforcement agency when there is substantiated concern over 31 imminent danger to the community by a presumed mentally ill person;
01 (8) the department in a case in which services provided under 02 AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 03 which a person has applied for or has received assistance from the department for 04 those services; 05 (9) the Department of Public Safety as provided in AS 47.30.907; 06 information provided under this paragraph may not include diagnostic or clinical 07 information regarding a patient. 08 * Sec. 3. AS 47.30.850 is amended to read: 09 Sec. 47.30.850. Sealing [EXPUNGING OR SEALING] records. Following 10 the discharge of a person [RESPONDENT] from a treatment facility or the issuance 11 of a court order denying a petition for commitment, the person [RESPONDENT] may 12 at any time move to have all court records pertaining to the proceedings sealed 13 [EXPUNGED] on condition that the person [RESPONDENT] file a full release of all 14 claims of whatever nature arising out of the proceedings and the statements and 15 actions of persons and facilities in connection with the proceedings. Upon the filing of 16 the motion and full release, the court shall order the court records [EITHER 17 EXPUNGED OR] sealed [, WHICHEVER THE COURT CONSIDERS 18 APPROPRIATE UNDER THE CIRCUMSTANCES]. 19 * Sec. 4. AS 47.30 is amended by adding a new section to read: 20 Sec. 47.30.851. Relief from legal disability. (a) A person who has a record of 21 an involuntary commitment or an adjudication of mental illness or mental 22 incompetence in a proceeding in this state, and who, because of the involuntary 23 commitment or adjudication, was prohibited from possessing a firearm or ammunition 24 under 18 U.S.C. 922(g)(4) may, at any time, move to be relieved from the disabilities 25 of a record of the involuntary commitment or the adjudication of mental illness or 26 mental incompetence. 27 (b) In ruling on the motion, the court 28 (1) shall consider 29 (A) the circumstances of the involuntary commitment or 30 adjudication of mental illness or mental incompetence; 31 (B) the time that has elapsed since the involuntary commitment
01 or adjudication of mental illness or mental incompetence; 02 (C) the person's reputation and mental health and criminal 03 history records; 04 (D) any conduct by the person that would constitute a crime 05 against a person under AS 11.41 or a violation of AS 11.61.190 - 11.61.250; 06 and 07 (E) any changes in the person's condition or circumstances 08 relevant to the relief sought; and 09 (2) may grant relief from the disabilities of a record of an involuntary 10 commitment or adjudication of mental illness or mental incompetence if the court 11 finds, by a preponderance of the evidence, that 12 (A) the person is unlikely to act in a manner dangerous to self 13 or to public safety; and 14 (B) granting the relief is not contrary to the public interest. 15 (c) The court shall order a hearing conducted under (b) of this section to be 16 held open or closed to the public at the option of the person. 17 (d) A decision to grant or deny relief under this section may be appealed as 18 provided in AS 22.05.010. In reviewing the decision of the superior court, the standard 19 of review may be de novo. 20 * Sec. 5. AS 47.30 is amended by adding a new section to read: 21 Sec. 47.30.907. Report to Department of Public Safety concerning 22 involuntary commitment or relief from the disabilities of a record of involuntary 23 commitment or an adjudication of mental illness or mental incompetence. (a) 24 Notwithstanding AS 47.30.845, when a superior court orders the involuntary 25 commitment of a person under AS 47.30.735 - 47.30.755 or when relief from the 26 disabilities of a record of an involuntary commitment or an adjudication of mental 27 illness or mental incompetence is granted under AS 47.30.851(b), the court and the 28 Department of Health and Social Services shall immediately transmit the following 29 information, if known, to the Department of Public Safety: 30 (1) the person's 31 (A) name, date of birth, and address;
01 (B) aliases; 02 (C) social security number; 03 (D) driver's license or state identification card number; 04 (2) the date of the order and whether the order is 05 (A) an involuntary commitment; or 06 (B) relief from the disabilities of a record of an involuntary 07 commitment or an adjudication of mental illness or mental incompetence; 08 (3) the statutory authority for the involuntary commitment or relief 09 from the disabilities of a record of an involuntary commitment; 10 (4) whether the person was offered an opportunity to be heard and 11 represented by counsel in the involuntary commitment proceeding or adjudication of 12 mental illness or mental incompetence; and 13 (5) any other information required by the Department of Public Safety 14 or by the United States Department of Justice for inclusion in the National Instant 15 Criminal Background Check System established under P.L. 103-159, 107 Stat. 1536 16 (Brady Handgun Violence Prevention Act). 17 (b) This section does not apply to initial involuntary commitment procedures, 18 emergency detention for evaluation, or hospitalization for examination under 19 AS 47.30.700 - 47.30.715 if the person is released under AS 47.30.720. 20 * Sec. 6. AS 47.30.915 is amended by adding new paragraphs to read: 21 (19) "adjudication of mental illness or mental incompetence" means a 22 court order finding that a person is 23 (A) not guilty by reason of insanity or guilty but mentally ill 24 under AS 12.47.040; 25 (B) incompetent to stand trial for a criminal offense under 26 AS 12.47.100 - 12.47.120; or 27 (C) a danger to self or others, or is gravely disabled because of 28 incapacity, incompetence, mental illness, dementia, or some other cause; 29 (20) "disabilities of a record of an involuntary commitment or an 30 adjudication of mental illness or mental incompetence" means the prohibition against 31 the possession of a firearm under 18 U.S.C. 922(g)(4) that results from an involuntary
01 commitment or adjudication of mental illness or mental incompetence.