Legislature(1995 - 1996)

1996-04-16 Senate Journal

Full Journal pdf

1996-04-16                     Senate Journal                      Page 3263
SB 321                                                                       
Senator Taylor requested that the reconsideration on SENATE BILL               
NO. 321 "An Act relating to civil commitment of a criminal                     
defendant who is found to be mentally incompetent" be taken up.                
                                                                               
SENATE BILL NO. 321 was before the Senate on reconsideration.                  
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3264
SB 321                                                                       
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senators Taylor, Ellis offered Amendment No. 1 :                                
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete "civil commitment of a criminal defendant who is                      
found to be mentally incompetent"                                             
	Insert "incompetency to stand trial"                                        
                                                                               
Page 1, lines 4 - 13:                                                          
	Delete all material and insert:                                               
   "* Section 1.  AS12.47.100 is repealed and reenacted to read:             
	Sec. 12.47.100.  INCOMPETENCY TO PROCEED.                                    
(a)  A defendant who, as a result of mental disease or                         
defect, is incompetent because the defendant is unable to                      
understand the proceedings against the defendant or to assist                  
in the defendant's own defense may not be tried, convicted,                    
or sentenced for the commission of a crime so long as the                      
incompetency exists.                                                           
	(b)  If, before imposition of sentence, the                                  
prosecuting attorney or the attorney for the defendant has                     
reasonable cause to believe that the defendant is presently                    
suffering from a mental disease or defect that causes the                      
defendant to be unable to understand the proceedings or to                     
assist in the person's own defense, the attorney may file a                    
motion for a judicial determination of the competency of the                   
defendant.  Upon that motion, or upon its own motion, the                      
court shall have the defendant examined by at least one                        
qualified psychiatrist or psychologist, who shall report to the                
court concerning the competency of the defendant.  For the                     
purpose of the examination, the court may order the                            
defendant committed for a reasonable period to a suitable                      
hospital or other facility designated by the court.  If the                    
report of the psychiatrist or psychologist indicates that the                  
defendant is incompetent, the court shall hold a hearing,                      
upon due notice, at which evidence as to the competency of                     
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3265
SB 321                                                                       
the defendant may be submitted, including that of the                         
reporting psychiatrist or psychologist, and make appropriate                   
findings.  Before the hearing, the court shall, upon request                   
of the prosecuting attorney, order the defendant to submit to                  
an additional evaluation by a psychiatrist or psychologist                     
designated by the prosecuting attorney.                                        
	(c)  A defendant is presumed to be competent.  The                           
party raising the issue of competency bears the burden of                      
proving the defendant is incompetent by clear and                              
convincing evidence.  When the court raises the issue of                       
competency, the burden of proving the defendant is                             
incompetent shall be on the party who elects to advocate for                   
a finding of competency.  The court shall then apply the                       
clear and convincing evidence standard to determine whether                    
the defendant is competent.                                                    
	(d)  A statement made by the defendant in the                                
course of an examination into the person's competency under                    
this section, whether the examination is with or without the                   
consent of the defendant, may not be admitted in evidence                      
against the defendant on the issue of guilt in a criminal                      
proceeding unless the defendant later relies on a defense                      
under AS12.47.010 or 12.47.020.  A finding by the judge                        
that the defendant is competent to stand trial in no way                       
prejudices the defendant in a defense based on insanity; the                   
finding may not be introduced in evidence on that issue or                     
otherwise be brought to the notice of the jury.                                
	(e)  In determining if the defendant is unable to                            
understand the proceedings against the defendant, the court                    
shall consider, among other factors considered relevant by                     
the court, whether the defendant understands that the                          
defendant has been charged with a criminal offense and that                    
penalties can be imposed; whether the defendant understands                    
what criminal conduct is being alleged; whether the                            
defendant understands the roles of the judge, jury,                            
prosecutor, and defense counsel; whether the defendant                         
understands that the defendant will be expected to tell                        
defense counsel the circumstances, to the best of the                          
defendant's ability, surrounding the defendant's activities at                 
the time of the alleged criminal conduct; and whether the                      
defendant can distinguish between a guilty and not guilty                      
plea.                                                                          

1996-04-16                     Senate Journal                      Page 3266
SB 321                                                                       
	(f)  In determining if the defendant is unable to                            
assist in the defendant's own defense, the court shall                         
consider, among other factors considered relevant by the                       
court, whether the defendant's mental disease or defect                        
affects the defendant's ability to recall and relate facts                     
pertaining to the defendant's actions at times relevant to the                 
charges and whether the defendant can respond coherently                       
to counsel's questions.  A defendant is able to assist in the                  
defense even though the defendant's memory may be                              
impaired, the defendant refuses to accept a course of action                   
that counsel or the court believes is the defendant's best                     
interest, or the defendant is unable to suggest a particular                   
strategy or to choose among alternative defenses.                              
   * Sec. 2.  AS12.47.110(a) is amended to read:                             
	(a)  When the trial court determines ªBY A                                   
PREPONDERANCE OF THE EVIDENCEß, in accordance                                  
with AS12.47.100, that a defendant is so ªMENTALLYß                            
incompetent that the defendant is unable to understand the                     
proceedings against the defendant or ªPROPERLYß to assist                      
in the defendant's own defense, the court shall order the                      
proceedings stayed, except as provided in (d) of this section,                 
and may commit the defendant to the custody of the                             
commissioner of health and social services or the                              
commissioner's authorized representative for further                           
evaluation and treatment until the defendant is mentally                       
competent to stand trial, or until the pending charges against                 
the defendant are disposed of according to law, but in no                      
event longer than 90 days.                                                     
   * Sec. 3.  AS12.47.130(3) is amended to read:                             
		(3)  "mental disease or defect" means a                                     
disorder of thought or mood that substantially impairs                         
judgment, behavior, capacity to recognize reality, or ability                  
to cope with the ordinary demands of life; "mental disease                     
or defect" also includes mental retardation, which means a                     
significantly below average general intellectual functioning                   
that impairs a person's ability to adapt to or cope with the                   
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3267
SB 321                                                                       
ordinary demands of life; a person who has obtained a                       
driver's license, has voted in an election, is able to                         
maintain employment, or is competent to testify as a                           
witness under the Alaska Rules of Evidence is considered                       
to have sufficient intellectual functioning to adapt or cope                   
with the ordinary demands of life.                                           
   * Sec. 4.  AS12.47.130 is amended by adding new paragraphs                
to read:                                                                       
		(4)  "assist in the defendant's own defense"                                
means to consult with a lawyer while exercising a reasonable                   
degree of rational functioning;                                                
		(5)  "incompetent" means a defendant is                                     
unable to understand the proceedings against the defendant                     
or to assist in the defendant's own defense;                                   
		(6)  "understand the proceedings against the                                
defendant" means that the defendant's elementary mental                        
process is such that the defendant has a reasonably rational                   
comprehension of the proceedings."                                             
                                                                               
Senator Taylor moved for the adoption of Amendment No. 1.                      
Senator Rieger objected.                                                       
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 321                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo,              
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Nays:  Rieger                                                                  
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
SENATE BILL NO. 321 am was automatically in third reading.                     
                                                                               
Amendment No. 2 was not offered.                                               

1996-04-16                     Senate Journal                      Page 3268
SB 321                                                                       
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 3.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Taylor offered Amendment No. 3 :                                        
                                                                               
On Amendment No. 1:                                                            
                                                                               
Page 2, line 6:                                                                
	Delete clear and convincing                                                   
	Insert  a preponderance of                                                    
                                                                               
Page 2, line 9:                                                                
	Delete clear and convincing                                                   
	Insert  preponderance of the                                                  
                                                                               
Page 3, line 7:                                                                
	Undelete By a preponderance of the evidence.                                  
                                                                               
Page 2, line 9:                                                                
	Delete competency                                                             
	Insert  incompetency                                                          
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of Amendment No. 3.  Without objection, Amendment No. 3 was                    
adopted.                                                                       
                                                                               
SENATE BILL NO. 321 am was automatically in third reading.                     
                                                                               
Senator Rieger moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 4.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Rieger offered Amendment No. 4 :                                        
                                                                               
On Amendment No. 1:                                                            
                                                                               
Page 3, lines 23-27:                                                           
	Delete all material                                                           
	Insert demands of life.                                                       
                                                                               

1996-04-16                     Senate Journal                      Page 3269
SB 321                                                                       
Senator Rieger moved for the adoption of Amendment No. 4.                      
Senator Taylor objected.                                                       
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 321 am                                                                      
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  3   NAYS:  17   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Pearce, Rieger, Salo                                                    
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Sharp, Taylor,             
Torgerson, Zharoff                                                             
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
SENATE BILL NO. 321 am was automatically in third reading.                     
                                                                               
The question to be reconsidered: Shall SENATE BILL NO. 321 am                  
"An Act relating to incompetency to stand trial" pass the Senate?              
The roll was taken with the following result:                                  
                                                                               
SB 321 am                                                                      
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo,              
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Nays:  Rieger                                                                  
                                                                               
and so, SENATE BILL NO. 321 am passed the Senate on                            
reconsideration and was referred to the Secretary for engrossment.