Legislature(2019 - 2020)
2020-03-21 House Journal
Full Journal pdf2020-03-21 House Journal Page 2003 SB 120 The following, which was moved to the bottom of the calendar (page 2000), was read the second time: CS FOR SENATE BILL NO. 120(HSS) "An Act relating to administration of psychotropic medication to a patient without the patient's informed consent; and providing for an effective date." with the: Journal Page FIN RPT 6DP 4NR 1994 FN1: ZERO(DHS) 1994 FN2: ZERO(DHS) 1994 2020-03-21 House Journal Page 2004 Amendment No. 1 was offered by Representatives Claman and Kopp: Page 1, line 1, following "Act" (title amendment): Insert "establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation;" Page 1, line 2, following "consent;": Insert "relating to licensure of crisis stabilization centers;" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 12.25 is amended by adding a new section to read: Sec. 12.25.031. Alternative to arrest. (a) As an alternative to arrest, a peace officer may, at the officer's discretion, deliver a person to a crisis stabilization center or an evaluation facility or decline to arrest the person if (1) the arresting officer believes in good faith that the person is suffering from an acute behavioral health crisis; and (2) the person voluntarily agrees to be taken to a crisis stabilization center or an evaluation facility or to promptly seek outpatient mental health treatment. (b) Notwithstanding (a) of this section, a peace officer may, as an alternative to arrest, take a person into emergency custody under AS 47.30.705 and deliver the person to a crisis stabilization center or an evaluation facility. (c) Delivery of a person to a crisis stabilization center or an evaluation facility for examination under (a) of this section does not constitute an involuntary commitment under AS 47.30 or an arrest. (d) Before a person delivered to a crisis stabilization center or an evaluation facility under (a) or (b) of this section is released to the community, a mental health professional shall make reasonable efforts to inform the arresting officer of the planned release if the officer has specifically requested notification and provided the officer's contact information to the crisis stabilization center or evaluation facility. (e) A peace officer is not liable for civil damages arising from an act or omission done with reasonable care and in good faith under this section. 2020-03-21 House Journal Page 2005 (f) An agreement to participate in outpatient treatment or to be delivered to a crisis stabilization center or an evaluation facility under (a) of this section (1) may not require a person to stipulate to any facts regarding the alleged criminal activity as a prerequisite to participation in a mental health treatment alternative; (2) is inadmissible in any criminal or civil proceeding; and (3) does not create immunity from prosecution for the alleged criminal activity. (g) If a person violates an agreement to be delivered to a crisis stabilization center or an evaluation facility or to seek outpatient treatment under (a) of this section, (1) a mental health professional shall make reasonable efforts to inform the arresting officer of the person's decision to leave the crisis stabilization center or evaluation facility; and (2) the original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed as provided by law. (h) Notwithstanding the other provisions of this section, charges may be filed or referred to the prosecutor, as appropriate, at any time in accordance with law. (i) In this section, (1) "crisis stabilization center" means a facility licensed under AS 47.32 that meets the definition of "crisis stabilization center" in AS 47.32.900; (2) "evaluation facility" means an evaluation facility as defined in AS 47.30.915; (3) "mental health professional" has the meaning given in AS 47.30.915. * Sec. 2. AS 18.65.530(c) is amended to read: (c) A peace officer is not required to make an arrest of a person under (a) of this section if the officer has received authorization [NOT TO ARREST] from a prosecuting attorney in the jurisdiction in which the offense under investigation arose (1) not to arrest the person; or (2) to deliver the person to a crisis stabilization center or an evaluation facility as provided in AS 12.25.031(b). * Sec. 3. AS 18.65.530 is amended by adding a new subsection to read: 2020-03-21 House Journal Page 2006 (g) A peace officer who delivers a person to a crisis stabilization center or evaluation facility under (c) of this section shall provide the peace officer's contact information to the crisis stabilization center or evaluation facility and, if the peace officer is notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim under (a)(1) and (2) of this section of the planned release. * Sec. 4. AS 47.30.705(a) is amended to read: (a) A peace officer, a psychiatrist or physician who is licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners who has probable cause to believe that a person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.30.700, may cause the person to be taken into custody and delivered to the nearest crisis stabilization center as defined in AS 47.32.900 or the nearest evaluation facility. A person taken into custody for emergency evaluation may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a crisis stabilization center or treatment facility. However, emergency protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer or mental health professional shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the crisis stabilization center, evaluation facility, or treatment facility. * Sec. 5. AS 47.30.710(a) is amended to read: (a) A respondent who is delivered under AS 47.30.700 - 47.30.705 to an evaluation facility, except for delivery to a crisis stabilization center as defined in AS 47.32.900, for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility. A respondent who is delivered under AS 47.30.705 to a crisis stabilization center shall be examined by a mental health professional as defined in AS 47.30.915 within three hours after arriving at the center." 2020-03-21 House Journal Page 2007 Page 1, line 4: Delete "Section 1" Insert "Sec. 6" Renumber the following bill sections accordingly. Page 2, following line 21: Insert new bill sections to read: "* Sec. 7. AS 47.32.010(b) is amended to read: (b) This chapter and regulations adopted under this chapter apply to the following entities: (1) ambulatory surgical centers; (2) assisted living homes; (3) child care facilities; (4) child placement agencies; (5) foster homes; (6) free-standing birth centers; (7) home health agencies; (8) hospices, or agencies providing hospice services or operating hospice programs; (9) hospitals; (10) intermediate care facilities for individuals with an intellectual disability or related condition; (11) maternity homes; (12) nursing facilities; (13) residential child care facilities; (14) residential psychiatric treatment centers; (15) runaway shelters; (16) rural health clinics; (17) crisis stabilization centers. * Sec. 8. AS 47.32.900 is amended by adding a new paragraph to read: (22) "crisis stabilization center" means (A) a facility, or a part or unit of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term basis and without the use of hospitalization, individuals experiencing an acute behavioral health crisis; (B) a 23-hour crisis stabilization center; (C) a crisis residential center; or (D) a subacute facility. 2020-03-21 House Journal Page 2008 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b), as amended by sec. 7 of this Act, the Department of Health and Social Services may, before a crisis stabilization center is licensed under AS 47.32.010(b), as amended by sec. 7 of this Act, issue a provisional license to or reimburse the crisis stabilization center under a waiver that is in effect before the effective date of sec. 7 of this Act." Renumber the following bill sections accordingly. Page 2, line 28: Delete "Section 2" Insert "Section 10" Representative Claman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Eastman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 120(HSS) Second Reading Amendment No. 1 YEAS: 24 NAYS: 8 EXCUSED: 6 ABSENT: 2 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Ortiz, Shaw, Spohnholz, Story, Stutes, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Gillis, Johnson, Prax, Pruitt, Sullivan-Leonard, Tilton, Vance Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter, LeDoux And so, Amendment No. 1 was adopted, and the new title follows: 2020-03-21 House Journal Page 2009 CS FOR SENATE BILL NO. 120(HSS) am H "An Act establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation; relating to administration of psychotropic medication to a patient without the patient's informed consent; relating to licensure of crisis stabilization centers; and providing for an effective date." Representative Thompson moved and asked unanimous consent that CSSB 120(HSS) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSB 120(HSS) am H will advance to third reading on the March 23 calendar.