Legislature(2023 - 2024)BUTROVICH 205
02/28/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB53 | |
| SB51 | |
| SB59 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 53 | TELECONFERENCED | |
| *+ | SB 51 | TELECONFERENCED | |
| *+ | SB 59 | TELECONFERENCED | |
SB 53-COMPETENCY; INVOLUNTARY CIVIL COMMITMENTS
SB 53-COMPETENCY; INVOLUNTARY CIVIL COMMITMENTS
3:31:43 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 53
"An Act relating to involuntary civil commitments."
3:32:57 PM
SENATOR MATT CLAMAN, District H, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 53 said his office suggested
changes to SB 53 and that Ms. Potter would provide a summary of
changes.
3:33:14 PM
EMMA POTTER, Staff, Senator Claman, Alaska State Legislature,
Juneau, Alaska, provided an explanation of proposed changes from
Senator Claman's office to SB 53 as follows:
We are suggesting adding the crime of arson to the
legislation. This change reflects suggestions our
office received from the Criminal Division of the
Department of Law. It is their belief that including
the felony offense of arson, in addition to a felony
offense against the person, is necessary for public
safety. The suggested change includes conforming
changes in Section 1, Section 2, and Section 4 of the
legislation.
There are two suggested changes to Section 4 of the
legislation. The first change is the removal of the
word "repeated" from Section 4, line 8. It is our
intention that the provisions outlined in the
legislation apply upon a person's first dismissal of a
felony level offense against a person. The second
change modifies Section 4(e). The subsection relates
to the ability of individuals to petition for early
release. The suggested change is to create a one-year
limit on a new petition from the individual both after
the initial order for involuntary commitment up to
five years and a subsequent denial of a petition for
early release.
There are three suggested changes in AS 12.47.100. The
first change is to add a requirement that requests for
competency evaluation in AS 12.47.100 to be written
requests. The second change allows the court to order
defendants evaluated for competency at out-patient
facilities while on bail. The third change states that
when the psychiatrist or psychologist finds that the
defendant is incompetent and the defendant is charged
with a felony offense against the person or arson, the
psychiatrist or psychologist may evaluation the
defendant for involuntary commitment. The fourth
change allows the court to order defendants treated
for competency restoration at out- patient facilities
on bail.
Other changes to Title 12 include increasing the
maximum time a person can be held for restoration
competency from one year to two years, adding language
that if a court dismisses the charges against a
defendant for incompetence for a felony offense
against a person or arson, the defendant may not be
discharged until 72 hours after the court dismisses
the charges. This is meant to allow time for the civil
commitment petition to be filed.
The final change for Title 12 is changing the number
of evaluations by a psychiatrist or psychologist from
two to one for the insanity defense. This will match
the number of evaluations required for the insanity
defense to the number of evaluations required in the
process for both the evaluation for competency and
involuntary commitment.
The final group of changes to the legislation that we
are proposing addresses alleged victim notice in the
specific instance for an individual found incompetent
to stand trial and related felony level offenses
against the person or arson are dismissed.
The current version of the bill creates a duty for the
department of law to file a civil commitment petition
upon the dismissal of felony level offenses against
the person based on an incompetency finding. The first
change is a process change and would require the
Criminal Division to notify the Civil Division of the
Department of Law within 24 hours of charges being
dismissed in the situation that the bill addresses.
The second change is also a process change, and states
that the Civil Division shall file a petition for
involuntary commitment within 72 hours of the
dismissal of charges in the situation that the bill
addresses. The third change is creating a right for
the alleged victim in the dismissed criminal charges
to receive notice of the time and place of any civil
commitment proceeding of the courts finding, any civil
commitment proceeding, including the length of time
for which the respondent is committed, and of when the
respondent is discharged from any civil commitment.
3:36:42 PM
SENATOR GIESSEL said that in SB 53, page 2, line 12, the word
"repeated" appears. She asked if it would also be removed.
SENATOR CLAMAN replied that the intent is to remove all
references to the word "repeated."
3:37:14 PM
SENATOR DUNBAR noted that Senator Claman's office had conversed
with the Criminal Division of the Department of Law regarding
changes to SB 53. He asked Senator Claman if his office had
considered the notional changes in Disability Law Center's
letter.
3:37:53 PM
SENATOR CLAMAN said he is always happy to talk with the
Disability Law Center. The center has yet to schedule a meeting,
but his office has worked successfully with the center in the
past. He said he does not agree with their interpretation of SB
53 in all instances. He stated his belief that the center does
not like the notional five-year commitment. He opined that other
than dismissing SB 53, the only resolution the center would
consider is returning to a six-month commitment process.
3:38:42 PM
SENATOR DUNBAR asked if there would be a committee substitute
for SB 53 rather than amendments.
3:38:54 PM
CHAIR WILSON said that was correct. The committee previously ran
out of time to talk about changes to SB 53. He wanted to allow
the sponsor time to talk about the changes and receive community
feedback before requesting a committee substitute.
3:39:14 PM
SENATOR DUNBAR said he is uncomfortable adding arson to SB 53
because it is a novel bill that changes criminal law in response
to a tragedy. He opined that changes to criminal law should be
narrowly focused on a set of circumstances. He said he
understands the Criminal Division's perspective because arson is
dangerous; but so is drunk driving, which may kill more people
on average than arsonists. He said that once crimes other than
against people are included, a variety of crimes may fall into
the dangerous category. There may be enough votes in favor of
including arson, but he does not favor its inclusion in SB 53.
3:40:36 PM
SENATOR CLAMAN said SB 53 will not suddenly create a massive
number of people that will fall into a very narrow focus of
incompetent, non-restorable people who reach a certain level of
dangerousness. He said he does not think there is a history of
felony DUI offenders being incompetent and non-restorable. He
suggested Mr. Skidmore could explain why arson should be
included in SB 53 along with the other felony crimes against a
person.
3:42:10 PM
JOHN SKIDMORE, Deputy Attorney General, Criminal Division,
Alaska Department of Law, Anchorage, Alaska, said the division
included arson in SB 53 because the elements of the crime,
particularly arson in the first degree, require another person
to be harmed or be at risk of harm. He said the same steps would
not apply to someone with a DUI unless another person were
injured, thereby making it a DUI with felony assault, which
would be in the same conduct group listed in SB 53. He said that
from his 25 years of practice, the most serious cases the
division sees are homicides, sexual assaults, and arson. When
released from care, individuals with mental health issues pose
the greatest danger and risk to the public. Including arson in
SB 53 is ultimately a policy call for the legislature to make.
3:43:52 PM
SENATOR DUNBAR asked if it is correct to say felony arson should
be included in SB 53 because the crime satisfies similar
elements to a crime against a person, but for some reason, arson
is not categorized as a crime against a person.
3:44:19 PM
MR. SKIDMORE replied that the state codified arson in AS 11.46,
property offenses. However, arson involves an element of danger
or risk of danger to others which separates it from the type of
conduct seen in most property crimes. The rationale is that
setting fire to a structure places other human beings at risk of
physical harm. That is why it makes sense from a policy
perspective to include it in SB 53 with other crimes against a
person.
3:45:09 PM
SENATOR DUNBAR asked whether an arsonist would have to know
someone was in the building before the crime could be classified
as being against a person. Senator Dunbar compared the
governor's bill on fentanyl distribution to arson. The governor
is seeking additional penalties for fentanyl distribution.
Distribution is not a crime against a person, but it is being
categorized as one of the most dangerous crimes, and it is
likely to result in the deaths of many people. He asked why
felony arson is worse than fentanyl distribution.
3:45:52 PM
MR. SKIDMORE responded that the nature of arson poses a risk to
others and therefore does not require foreknowledge of someone
in the building. The governor's bill on fentanyl distribution
penalties addresses the crimes of manslaughter or homicide,
which are AS 11.41 crimes. SB 53 would include AS 11.41 crimes
because they are crimes against a person. He opined that simple
distribution of drugs would not suddenly be a crime included in
SB 53. However, when distribution of drugs causes the death of
someone there are provisions in crimes against persons that
apply.
3:47:00 PM
SENATOR KAUFMAN said there is a boundary between operating with
intent versus being incompetent to act with intent. He asked Mr.
Skidmore to speak to intent and the topics mentioned. For
example, he wondered how somebody would be a drug dealer via
mental incompetence. He opined that drug dealing would require a
certain competence that maybe drunk driving and arson would not.
3:48:13 PM
MR. SKIDMORE said SB 53 addresses when an individual has engaged
in conduct that would be considered criminal but for their
inability to assist in their defense; this is the definition of
incompetency. The state attempts to restore the person to
competency. If restoration cannot occur, there are questions
about whether a person meets the standards for civil commitment.
Competency is not about a person's ability to engage in conduct.
There are two elements to any criminal act, the actus reus which
is the physical act, and mens rea which is the mental element.
Competency is the ability to assist counsel in defending against
accusations. The intent is the ability for someone to decide
they will commit a particular action, which is not what
incompetency necessarily addresses.
3:49:45 PM
CHAIR WILSON held SB 53 in committee.