03/13/2020 01:00 PM House JUDICIARY

         HB 290-ALTERNATIVE TO ARREST: MENTAL HEALTH CTR.                                                                   
                                                                                                                                
1:07:40 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE  BILL  NO. 290,  "An  Act  establishing an  alternative  to                                                               
arrest  procedure  for  persons   in  acute  episodes  of  mental                                                               
illness;  relating  to  emergency  detention  for  mental  health                                                               
evaluation;  and relating  to licensure  of crisis  stabilization                                                               
centers."                                                                                                                       
                                                                                                                                
1:07:52 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN stated  that there  were two  amendments to  HB 290                                                               
and, since  he was the  sponsor of  both amendments, he  would be                                                               
passing the  gavel to Representative  Stutes for the  duration of                                                               
the amendment process.                                                                                                          
                                                                                                                                
1:08:43 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN passed the gavel to Representative Stutes.                                                                         
                                                                                                                                
1:08:54 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN moved to adopt Amendment 1, labeled 31-LS1513\K.1,                                                                 
Marx, 3/13/20, which read as follows:                                                                                           
                                                                                                                                
     Page 3, lines 9 - 12:                                                                                                      
          Delete all material and insert:                                                                                       
               "(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)."                                                                                          
                                                                                                                                
     Page 3, following line 12:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 3.  AS 18.65.530 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          "(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,  the peace  officer                                                                    
     shall make  reasonable efforts to inform  the victim of                                                                    
     a crime  under (a)(1)  and (2) of  this section  of the                                                                    
     planned release."                                                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 10:                                                                                                           
          Delete "sec. 5"                                                                                                       
          Insert "sec. 6"                                                                                                       
                                                                                                                                
     Page 5, line 12:                                                                                                           
          Delete "sec. 5"                                                                                                       
     Insert "sec. 6"                                                                                                            
                                                                                                                                
1:08:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
1:09:04 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  explained that  Amendment  1  was the  product  of                                                               
extensive  discussions  with  the   Alaska  Network  on  Domestic                                                               
Violence and Sexual Assault (ANDVSA),  as well as law enforcement                                                               
officers.  He  stated that there was an interest  in the domestic                                                               
violence context of Section 2  of the proposed legislation, which                                                               
is what Amendment  1 would address.  He said  that they wanted to                                                               
limit  circumstances when  a person  could be  taken to  a crisis                                                               
stabilization center when  there is probable cause  to arrest the                                                               
person  in  instances  where  the  person  is  gravely  disabled,                                                               
consistent with the involuntary  commitment requirements of Title                                                               
47.  He  stated that Amendment 1 would provide  that instead of a                                                               
broader  ability  to divert,  when  there  is probable  cause  to                                                               
arrest the only circumstances when  an officer could take someone                                                               
to a crisis stabilization center,  or an evaluation facility, was                                                               
if  the  officer had  found  the  person  to  be subject  for  an                                                               
involuntary  commitment  under  Title  47,  which  is  under  the                                                               
provisions of AS 12.25.031(b).                                                                                                  
                                                                                                                                
CHAIR CLAMAN stated  that the second part of  Amendment 1 relates                                                               
to what  happens when  a police  officer delivers  a person  to a                                                               
crisis  stabilization  center, when  that  person  is subject  to                                                               
involuntary  commitment, and  whereas  other  provisions make  it                                                               
optional   for  police   officers   to   provide  their   contact                                                               
information,  in  the  instance  of  domestic  violence  settings                                                               
officers would  be required to provide  their contact information                                                               
to  the evaluation  center or  crisis stabilization  center.   If                                                               
that person were  at some point released from  the center, he/she                                                               
would have to  notify the police officer, who would  then have to                                                               
make  reasonable efforts  to notify  the victim  of the  domestic                                                               
violence.                                                                                                                       
                                                                                                                                
1:11:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 1.   There being no  further objection, Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
1:11:34 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  moved to adopt Amendment  2, labeled 31-LS1513\K.2,                                                               
Marx, 3/12/20, which read as follows:                                                                                           
                                                                                                                                
     Page 2, line 1, following "center":                                                                                        
          Insert "or an evaluation facility"                                                                                    
                                                                                                                                
     Page 2, line 9:                                                                                                            
          Delete "provider"                                                                                                     
       Insert "crisis stabilization center or evaluation                                                                        
     facility"                                                                                                                  
                                                                                                                                
1:11:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  objected to the motion,  for the purpose                                                               
of discussion.                                                                                                                  
                                                                                                                                
CHAIR  CLAMAN  stated that  Amendment  2  would provide  clean-up                                                               
language to  the proposed legislation,  which was the  product of                                                               
Legislative  Legal  Services  working   through  the  process  of                                                               
Amendment 1 and  realizing that on Page 2,  subsection (b), under                                                               
"alternative  to arrest  provisions",  rather  than referring  to                                                               
just  a  "crisis stabilization  center",  it  should refer  to  a                                                               
"crisis  stabilization center  or  an evaluation  facility".   He                                                               
pointed out  that the other change  would be to change  a line on                                                               
Page 2 of  the proposed legislation from  "provided the officers                                                                
contact  information   to  the  provider",  with   "provided  the                                                               
officers  contact information to  the crisis stabilization center                                                               
or evaluation facility".                                                                                                        
                                                                                                                                
1:12:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection to  the motion to                                                               
adopt Amendment 2.   There being no  further objection, Amendment                                                               
2 was adopted.                                                                                                                  
                                                                                                                                
REPRESENTATIVE STUTES handed the gavel back to Chair Claman.                                                                    
                                                                                                                                
1:12:57 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN stated  that Carmen  Lowry, from  ANDVSA, would  be                                                               
offering testimony regarding HB 290, as amended.                                                                                
                                                                                                                                
1:13:51 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN reopened public testimony on HB 290, [as amended].                                                                 
                                                                                                                                
1:14:43 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:14 p.m. to 1:16 p.m.                                                                       
                                                                                                                                
1:16:49 PM                                                                                                                    
                                                                                                                                
CARMEN  LOWRY, Executive  Director,  Alaska  Network on  Domestic                                                               
Violence  and  Sexual  Assault  (ANDVSA),  offered  testimony  in                                                               
support  of HB  290, as  amended.   She  expressed gratitude  for                                                               
Chair Clamans   leadership.   She said  ANDVSA believes  that the                                                               
intent of  the proposed legislation  is to  decriminalize actions                                                               
associated with  individuals who  experience an  acute behavioral                                                               
crisis  and  to provide  help  to  those  people, as  opposed  to                                                               
arresting them.   She expressed  that ANDVSA thinks  the proposed                                                               
legislation  supports families.    She thanked  Chair Claman  for                                                               
allowing  ANDVSA  to   work  with  him  to   ensure  that  victim                                                               
notification  was present  in the  proposed legislation,  through                                                               
the  adopted amendments.   She  said that  ANDVSA will  always be                                                               
looking at how a victim might be able to assert his/her rights.                                                                 
                                                                                                                                
1:18:54 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that there was no  one else who                                                               
wished to testify, closed public testimony on HB 290.                                                                           
                                                                                                                                
1:19:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  remarked that she  had no idea  this was                                                               
an  issue  before she  heard  HB  290.    She said  the  proposed                                                               
legislation would respond  to a critical issue in  the state, and                                                               
she  expressed  her  hope  that  it  would  pass  as  quickly  as                                                               
possible.   She expressed her  understanding that it  would delay                                                               
things tremendously if the legislature did not pass HB 290.                                                                     
                                                                                                                                
1:19:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE said she agrees  that HB 290, as amended, is                                                               
headed   in  the   right   direction;   however,  she   expressed                                                               
reservations that the  committee has not seen  the bigger picture                                                               
of  what   needs  will   arise  in   the  future   pertaining  to                                                               
stabilization  centers and  mobile units.   She  said that  those                                                               
things would  involve a lot of  capital and employees.   She said                                                               
that  she could  see an  obvious need  but thinks  she was  being                                                               
asked  to "take  a tiny  bite  of a  very large  elephant."   She                                                               
explained that she  could foresee an issue arising  in the coming                                                               
year  in  which the  Department  of  Health and  Social  Services                                                               
(DHSS) might  express that  it received  permission to  start the                                                               
program and needs  funding for it.  She said  that she would like                                                               
to have a better idea of what  will be "needed to make room for,"                                                               
because it is  a high priority in the state.   She expressed that                                                               
she would like as much  information about the projections of what                                                               
the proposed legislation  entails, in order to  fully support the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
1:21:22 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN thanked  DHSS for its extensive work  in getting the                                                               
proposed legislation  to the point it  is at.  He  thanked ANDVSA                                                               
for  its tireless  advocacy, which  he said  is reflected  in its                                                               
effectiveness.     He  also  thanked   the  attorneys   from  the                                                               
Department  of Law  and  encouraged  a yes  vote  on  HB 290,  as                                                               
amended.                                                                                                                        
                                                                                                                                
1:22:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  moved to report  HB 290, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  290(JUD)  was                                                               
reported from the House Special Committee on Fisheries.