Legislature(2019 - 2020)
2020-02-28 Senate Journal
Full Journal pdf2020-02-28 Senate Journal Page 1890 SB 239 SENATE BILL NO. 239 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to psychiatric examination under criminal law and procedure; relating to notice of reasonable cause to believe the defendant has become competent; relating to defendants who are civilly committed; and providing for an effective date." was read the first time and referred to the Judiciary Committee. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Department of Health and Social Services Fiscal Note No. 4, zero, Department of Law Governor's transmittal letter dated February 27: Dear President Giessel: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to psychiatric examination under criminal law and procedure, providing notice to the prosecuting authority and court of the defendant's return to competency, and clarifying statutory procedures when a defendant is subject to civil commitment proceedings as well as criminal competency proceedings. Under current law, if a defendant intends to rely on an insanity defense or if there is reason to doubt the defendant's fitness to proceed, or if there is reason to believe that a mental disease or defect will become 2020-02-28 Senate Journal Page 1891 an issue in the case, the court must appoint two qualified psychiatrists or two forensic psychologists certified by the American Board of Forensic Psychology to examine and report on the mental condition of the defendant. Due to the difficulty, if not impossibility, of finding a board-certified forensic psychologist in Alaska, the Alaska Psychiatric Institute frequently must file notice with the court that it does not have board-certified psychologists on staff or contract. If the parties do not agree to waive the requirements of the statute, the Alaska Court System hires its own board-certified psychologists from out-of-state at an enormous cost. The amendments in the bill allow the court to appoint qualified psychiatrists or psychologists that are competent in the field. These amendments bring our statutes in line with current practice and industry standards while eliminating the administrative burden of having to seek an exemption from statute in every case. In addition, when a defendant cannot be restored within the time frame allowed by statute, the criminal case must be dismissed. However, there may be times when the defendant becomes competent, after the dismissal of the case. There is currently no statutory procedure for notifying the prosecuting authority or court about this return to competency. The bill will require any mental health practitioner, who has reasonable cause to believe that the defendant has become competent, to notify the prosecuting authority and the court. The prosecuting authority may then reinstitute the original criminal charges and begin the process of holding the person accountable for their actions. This provision applies to persons committed to a designated treatment facility. In March of 2019, the Alaska Supreme Court held in In the Matter of the Necessity for the Hospitalization of Linda M., that civil commitment proceedings and competency proceedings in the criminal context could occur concurrently and that the criminal competency proceedings would not bar the involuntary administration of medication in the civil commitment context. The bill codifies those holdings and clarifies that both a civil commitment proceeding and a criminal competency proceeding may occur simultaneously; including the administration of medications which may be necessary for the well-being of the patient. 2020-02-28 Senate Journal Page 1892 This bill streamlines processes and makes Alaska's criminal culpability and competency proceedings more efficient. Restoring criminal defendants allows our criminal justice system to hold them accountable and begin the process for rehabilitation. It also allows the system to achieve justice for the victims in these cases and enactment will be of great benefit to the state. Sincerely, /s/ Mike Dunleavy Governor