HB 80: "An Act relating to competency to stand trial; relating to commitment based on a finding of incompetency; relating to administration of psychotropic medication; and relating to victims' rights during certain civil commitment proceedings."
00 HOUSE BILL NO. 80 01 "An Act relating to competency to stand trial; relating to commitment based on a 02 finding of incompetency; relating to administration of psychotropic medication; and 03 relating to victims' rights during certain civil commitment proceedings." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.47.100(b) is amended to read: 06 (b) If, before imposition of sentence, the prosecuting attorney or the attorney 07 for the defendant has reasonable cause to believe that the defendant is presently 08 suffering from a mental disease or defect that causes the defendant to be unable to 09 understand the proceedings or to assist in the person's own defense, the attorney may 10 file a motion for a judicial determination of the competency of the defendant. Upon 11 that motion, or upon its own motion, the court shall have the defendant examined by at 12 least one qualified psychiatrist or qualified psychologist, who shall report to the court 13 concerning the competency of the defendant. For the purpose of the examination, the 14 court may order the defendant committed for a reasonable period to a suitable hospital
01 or other facility designated by the court. If the report of the qualified psychiatrist or 02 qualified psychologist indicates that the defendant is incompetent, the court shall hold 03 a hearing, upon due notice, at which evidence as to the competency of the defendant 04 may be submitted, including that of the reporting qualified psychiatrist or qualified 05 psychologist, and make appropriate findings. Before the hearing, the court shall, upon 06 request of the prosecuting attorney, order the defendant to submit to an additional 07 evaluation by a qualified psychiatrist or qualified psychologist designated by the 08 prosecuting attorney. 09 * Sec. 2. AS 12.47.100(h) is amended to read: 10 (h) In a hearing to determine competency under this section, the court may, at 11 the court's discretion, allow a witness, including a qualified psychiatrist or qualified 12 psychologist who examined the defendant, to testify concerning the competency of the 13 defendant by contemporaneous two-way video conference if the witness is in a place 14 from which people customarily travel by air to the court, and the procedure allows the 15 parties a fair opportunity to examine the witness. The video conference technician 16 shall be the only person in the presence of the witness unless the court, at the court's 17 discretion, determines that another person may be present. Any person present with 18 the witness must be identified on the record. In this subsection, "contemporaneous 19 two-way video conference" 20 (1) means a conference among people at different places by means of 21 transmitted audio and video signals; 22 (2) includes all communication technologies that allow people at two 23 or more places to interact by two-way video and audio transmissions simultaneously. 24 * Sec. 3. AS 12.47.110(a) is amended to read: 25 (a) When the trial court determines by a preponderance of the evidence, in 26 accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is 27 unable to understand the proceedings against the defendant or to assist in the 28 defendant's own defense, the court shall order the proceedings stayed, except as 29 provided in (d) of this section, and shall commit a defendant charged with a crime 30 listed in (f) of this section [FELONY], and may commit a defendant charged with any 31 other crime, to the custody of the commissioner of family and community services or
01 the commissioner's authorized representative for further evaluation and treatment until 02 the defendant is mentally competent to stand trial, or until the pending charges against 03 the defendant are disposed of according to law, but in no event longer than 90 days. 04 * Sec. 4. AS 12.47.110(b) is amended to read: 05 (b) On or before the expiration of the initial 90-day period of commitment, the 06 court shall conduct a hearing to determine whether or not the defendant remains 07 incompetent. If the defendant is not charged with a felony offense, the court may 08 rely on a previously conducted examination or other evaluation to determine 09 whether further evaluation and treatment is required under this section. If the 10 court finds by a preponderance of the evidence that the defendant remains 11 incompetent, the court may recommit a [THE] defendant for a second period of 90 12 days. The court shall determine at the expiration of the second 90-day period whether 13 the defendant has become competent. If, at the expiration of the second 90-day period, 14 the court determines that the defendant continues to be incompetent to stand trial [, 15 THE CHARGES AGAINST THE DEFENDANT SHALL BE DISMISSED 16 WITHOUT PREJUDICE, AND CONTINUED COMMITMENT OF THE 17 DEFENDANT SHALL BE GOVERNED BY THE PROVISIONS RELATING TO 18 CIVIL COMMITMENTS UNDER AS 47.30.700 - 47.30.915 UNLESS THE 19 DEFENDANT IS CHARGED WITH A CRIME INVOLVING FORCE AGAINST A 20 PERSON AND THE COURT FINDS THAT THE DEFENDANT PRESENTS A 21 SUBSTANTIAL DANGER OF PHYSICAL INJURY TO OTHER PERSONS] and 22 that there is a substantial probability that the defendant will regain competency within 23 a reasonable period of time, [IN WHICH CASE] the court may extend the period of 24 commitment for an additional 180 days [SIX MONTHS]. If the defendant remains 25 incompetent at the expiration of the additional 180-day [SIX-MONTH] period, the 26 court may extend the period of commitment for two successive 180-day periods 27 under the same procedures as the original 180-day period. If the defendant 28 remains incompetent at the expiration of the third 180-day period, the charges 29 shall be dismissed without prejudice, and continued commitment proceedings shall be 30 governed by the provisions relating to civil commitment under AS 47.30.700 - 31 47.30.915. The time that a defendant may be committed under this section may
01 not exceed the maximum amount of time served if convicted of the most serious 02 offense charged. If the court does not extend the period of commitment under 03 this section, the charges against the defendant shall be dismissed without 04 prejudice, and continued commitment of the defendant shall be governed by the 05 provisions relating to civil commitments under AS 47.30.700 - 47.30.915 [IF THE 06 DEFENDANT REMAINS INCOMPETENT FOR FIVE YEARS AFTER THE 07 CHARGES HAVE BEEN DISMISSED UNDER THIS SUBSECTION, THE 08 DEFENDANT MAY NOT BE CHARGED AGAIN FOR AN OFFENSE ARISING 09 OUT OF THE FACTS ALLEGED IN THE ORIGINAL CHARGES, EXCEPT IF 10 THE ORIGINAL CHARGE IS A CLASS A FELONY OR UNCLASSIFIED 11 FELONY]. 12 * Sec. 5. AS 12.47.110 is amended by adding new subsections to read: 13 (f) The court shall order a defendant to be committed as provided under (a) 14 and (b) of this section if the defendant is charged with an offense under 15 (1) AS 11.41; 16 (2) AS 11.46.400 - 11.46.430; 17 (3) AS 11.51.100; 18 (4) AS 11.61.118; 19 (5) AS 11.61.140; or 20 (6) AS 11.61.190 - 11.61.220. 21 (g) If the court dismisses the charges against a defendant under (b) of this 22 section, the defendant may not be discharged until three business days after the court 23 dismisses the charges. The commissioner of family and community services shall, 24 within 24 hours after dismissal of the charges, file a petition under AS 47.30.700 for a 25 screening investigation to determine the defendant's need for treatment or create a 26 discharge plan for the defendant under AS 47.30.825(i). 27 (h) An examination or other evaluation conducted by a qualified psychiatrist 28 or qualified psychologist to determine whether a defendant is mentally competent to 29 stand trial under (a) of this section may be conducted telephonically. 30 (i) If commitment proceedings under AS 47.30.700 - 47.30.915 are instituted 31 against a defendant in addition to the proceedings under this section, the proceedings
01 under this section have no effect on the proceedings under AS 47.30.700 - 47.30.915. 02 (j) Nothing in this section is intended to limit or prohibit a designated 03 treatment facility or an evaluation facility from administering medication or treatment 04 authorized under AS 47.30.772. In this subsection, "designated treatment facility" and 05 "evaluation facility" have the meanings given in AS 47.30.915. 06 * Sec. 6. AS 12.47 is amended by adding a new section to read: 07 Sec. 12.47.115. Psychotropic medication. The court may order the 08 administration of psychotropic medication to a defendant who is committed under 09 AS 12.47.110 without the defendant's informed consent if the court finds that 10 (1) the defendant presents a substantial danger of physical injury to 11 self or to other persons and treatment is in the defendant's medical interest; or 12 (2) the administration of psychotropic medication 13 (A) serves an important governmental interest that is 14 significantly furthered by the administration of psychotropic medication; 15 (B) is necessary to further the important governmental interest; 16 and 17 (C) is medically appropriate for the defendant. 18 * Sec. 7. AS 12.47.130 is amended by adding new paragraphs to read: 19 (7) "qualified psychiatrist" means a licensed physician who is a 20 psychiatrist 21 (A) trained in forensic competency assessment; or 22 (B) receiving forensic training and who is practicing under the 23 supervision of a psychiatrist with expertise in forensic psychiatry; 24 (8) "qualified psychologist" means a licensed psychologist 25 (A) trained in forensic competency assessment; or 26 (B) receiving forensic training and who is practicing under the 27 supervision of a psychologist with expertise in forensic psychology. 28 * Sec. 8. AS 47.30.735 is amended by adding a new subsection to read: 29 (f) If criminal charges against a respondent have been dismissed under 30 AS 12.47.110 and the respondent is detained for evaluation or committed under 31 AS 47.30.700 - 47.30.915, a victim in the dismissed criminal case has the right to
01 (1) be notified by the commissioner of a hearing under this section; 02 (2) notwithstanding (b)(3) of this section, be present at a hearing under 03 this section; 04 (3) be notified by the commissioner of the location of the designated 05 treatment facility where the respondent is placed; 06 (4) be notified by the commissioner of the length of time for which the 07 respondent is committed; and 08 (5) be notified when the respondent is discharged from commitment. 09 * Sec. 9. AS 47.30.750 is amended to read: 10 Sec. 47.30.750. Conduct of hearing. The hearing under AS 47.30.745 shall be 11 conducted in the same manner, and with the same rights for the respondent and a 12 victim of a crime, as set out in AS 47.30.735(b) and (f). 13 * Sec. 10. AS 47.30.770(b) is amended to read: 14 (b) The procedures for service of the petition, notification of rights, rights of a 15 victim, and judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. If the 16 court or jury finds by clear and convincing evidence that the grounds for 90-day 17 commitment as set out in AS 47.30.755 are present, the court may order the 18 respondent committed for an additional treatment period not to exceed 180 days from 19 the date on which the first 90-day treatment period would have expired. 20 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. This Act applies to proceedings occurring on or after the effective 23 date of this Act for offenses occurring before, on, or after the effective date of this Act.