Legislature(2023 - 2024)BUTROVICH 205
03/09/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB51 | |
| SB53 | |
| SB57 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 51 | TELECONFERENCED | |
| += | SB 53 | TELECONFERENCED | |
| += | SB 57 | TELECONFERENCED | |
| += | SB 59 | TELECONFERENCED | |
SB 53-FIVE-YEAR INVOLUNTARY COMMITMENTS
3:35:04 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 53 "An Act relating to
involuntary civil commitments."
He noted that this was the third hearing and there was a
committee substitute for the committee to consider. He solicited
a motion.
3:35:38 PM
SENATOR KAUFMAN moved to adopt the committee substitute (CS) for
SB 53, work order 33-LS0172\S, as the working document.
3:35:50 PM
CHAIR WILSON objected for purposes of discussion.
3:36:03 PM
EMMA POTTER, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the explanation of
changes from version B to version S for SB 53.
Senate Bill 53
Explanation of Changes
Version B to Version S
Version B to Version S
Section 1 (page 1, lines 5-14; page 2, lines 1-7):
• Creates a new section of bill
• Changes subsection (a) so that an evaluation for
the insanity defense requires one qualified
psychiatrist or psychologist
• Removes the requirement that the psychiatrist or
psychologist have certification by the American
Board of Forensic Psychology
Section 2 (page 2, lines 8-25):
• Creates a new section of bill
• Amends subsection (b) to require that motions by
attorneys requesting competency evaluation are
written motions
Section 3 (page 2, lines 26-31; page 3, lines 1-3):
• Creates a new section of bill
• Conforming change to add the crime of arson to
the legislation
• Adds reference to AS 12.30, stating that
defendants may be released on bail conditions for
outpatient competency examinations
Section 4 (page 3, lines 4-26):
• Creates a new section of bill
• Amends the section to increase the maximum total
time for competency restoration hold from one
year to two years for charges of crimes involving
force against a person by increasing the period
from 6 months to 18 months
Section 5 (page 3, lines 27-31; page 4, lines 1-14):
• Conforming changes to add the crime of arson to
the legislation
• Adds reference to AS 12.30, stating that
defendants may be released on bail conditions for
outpatient evaluation and treatment
• Amends new subsection (g) by adding requirement
that the prosecutor shall provide the court's
findings to the division of the Department of Law
that has responsibility for civil cases within 24
hours of the court's ruling. Amends the
subsection by adding that when the Department of
Law files petitions for involuntary commitment
under this section, the petition must be filed
within 72 hours after the dismissal of the
charges
• Creates new subsection (h) which states that when
the court dismisses the charges, the defendant
may not be discharged until 72 hours after the
court dismisses the charges
Section 6 (page 4, lines 15-26):
• Conforming change to add the crime of arson to
the legislation
• Adds provisions for alleged victim notification
of: the time and place of any civil commitment
proceeding; of the court's finding at 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
Section 7 (page 4, lines 27-31; page 5, lines 1-31):
• Removes the word "repeated" from the history of
felony offenses requirement
• Conforming changes to add the crime of arson to
the legislation
Section 9 (page 6, lines 7-26):
• Removes the word "repeated" from the history of
felony offenses requirement
• Removes "or is committed as a result of being
found incompetent to stand trial under AS
12.47.100 and 12.47.110 for a felony offense
against a person under AS 11.41"
• Conforming change to add the crime of arson to
the legislation
Section 11 (page 7, lines 18-22):
• Creates a new section of the bill
• Indirect court rule change to conform with added
requirement of written motion by attorneys
requesting competency evaluation in AS 12.47.100
Section 12 (page 7, lines 23-27):
• Creates a new section of the bill
• Adds conditional effect language based on
indirect court rule change
3:40:43 PM
SENATOR DUNBAR asked the representative from the Alaska
Psychiatric Institute (API) to speak to the concern that API
doesn't have the capacity to handle five-year involuntary
commitments and to the zero fiscal note, which was a surprise.
3:41:40 PM
DR. KRISTY BECKER, Director of Clinical Services, Division of
Alaska Psychiatric Institute, Department of Family and Community
Services (DFCS), Anchorage, Alaska, stated that API currently
has a 10-bed competency restoration unit and a lengthy waitlist.
Plans are in process to open a jail-based competency restoration
program by the end of June and an outpatient competency
restoration program for low-level, nonviolent misdemeanants by
fall. To the question about API's capacity to accommodate longer
term commitment periods, she said she imagines it would increase
the burden on the waitlist. To the second question, she offered
her understanding that the fiscal note was zero because the bill
doesn't change the cost of caring for patients in the facility;
the 10-bed unit is always full regardless of who is or is not on
the waitlist. She added that program development and additional
staffing have a cost, but she didn't have a clear understanding
of how that would be reflected in the fiscal note.
3:44:04 PM
SENATOR DUNBAR observed that even with that extra capacity,
those 10 beds might stay full all the time if the bill were to
pass. Furthermore, the jail-base and outpatient competency
restoration programs would not be free of cost, so the zero
fiscal note was still puzzling.
MS. BECKER said the department submitted budgetary requests to
fund the jail-based and outpatient programs that are going
through the legislative process separate from this bill. Funding
is also available through the Mental Health Trust to help stand
the programs up. She agreed with the supposition that even with
the two new programs, the 10-bed unit was still likely to be
full all the time. What will likely happen is that the 10 beds
at API will be filled with patients who have the highest
psychiatric needs, the jail-based beds will likely manage
offenders who fall in the middle of the spectrum, and the
outpatient restoration program will have clear criteria and only
accept misdemeanants whose crimes do not involve force against a
person. The lowest level of offenders will receive treatment in
the least restrictive environment.
SENATOR DUNBAR thanked her for the detailed response.
3:46:12 PM
CHAIR WILSON advised that the Senate Health Finance Subcommittee
received and discussed the request for the additional beds. He
indicated he had a question for Steven Bookman with the
Department of Law (DOL).
3:46:31 PM
SENATOR MATT CLAMAN, District H, Alaska State Legislature,
sponsor of SB 53, said he didn't believe that Dr. Becker
answered the question the fiscal note raises because it has
nothing to do with competency, incompetency, or the 10
competency-restoration beds. The fiscal note is entirely about
the bed capacity at API. It says API has an 80-bed capacity and
that those beds are usually full, but it would still have an
obligation to hold the individuals who are in long-term
involuntary commitment. That raises the question of whether the
longer period might increase the demand for those beds, so the
waitlist may be longer. But the beds are already full and API is
funded for the full 80-bed capacity so the bill would not have a
fiscal impact on the department. He reiterated that the fiscal
note has nothing to do with competency evaluations.
3:47:43 PM
CHAIR WILSON asked Mr. Bookman if he believed that the jail-
based program Dr. Becker described might conflict with the
state's settlement with the Disability Law Center about false
imprisonment and holding people who could go to API or
community-based centers in jail.
3:48:28 PM
STEVEN BOOKMAN, Senior Assistant Attorney General, Human
Services Section, Civil Division, Department of Law, Anchorage,
Alaska, said no; the Disability Law Center case was a civil
matter about people who had not been charged with a crime; they
were held in jail to keep them safe while they waited for a bed
to open at API or another hospital. The in-jail competency
restoration program is intended for people who have been charged
with a crime and are being held in jail awaiting space at API
for treatment or education. They are criminal defendants who
could receive treatment while they're being held in jail.
3:49:46 PM
SENATOR TOBIN asked the sponsor why arson was included in SB 53.
3:50:02 PM
SENATOR CLAMAN explained that arson was added after consultation
with the Department of Law. Technically, arson is an offense
against property, but it was added because the first-degree
arson cases that DOL has prosecuted involve explosions and a
high degree of serious danger at all levels.
3:50:46 PM
SENATOR TOBIN noted that the bill talks about arson in any
degree. She said her assumption was that first-degree arson
potentially threatens life and the lesser degrees involve
property or perhaps a small dumpster fire. She asked if those
cases would be included as a first offense.
3:51:02 PM
SENATOR CLAMAN confirmed that as currently drafted all arson
cases would be included. He shared that Senator Dunbar also
raised the question of limiting the bill to just first-degree
arson and his response was that the Judiciary Committee should
take up that question.
CHAIR WILSON asked Mr. Skidmore to talk about why the attorney
general believes arson should be included in SB 53.
3:52:03 PM
JOHN SKIDMORE, Deputy Attorney General, Criminal Division Office
of the Attorney General, Department of Law, Anchorage, Alaska,
stated that AS 11.46.400, which is arson in the first degree,
expressly says that the act directly places another person in
danger of serious physical injury, just as the sponsor
described. AS 11.46.410, arson in the second degree, talks about
knowingly damaging a building by igniting a fire or causing an
explosion. A fire in a dumpster fire is not a building so it
would not qualify. A building that was set on fire doesn't
automatically place somebody at risk but setting a building on
fire that may spread to other buildings or cause explosions is
more serious conduct because it is potentially very dangerous.
People aren't always hurt, but there is always that potential.
AS 11.46.420, arson in the third degree, talks about a person
who intentionally damages something other than a building, such
as a vehicle, by starting a fire or causing an explosion while
the vehicle is situated on public land or private property. The
crime doesn't necessarily place others in danger, but the
behavior of intentionally starting fires places others at risk.
That's the reason the bill includes arson in any degree. He
added that he didn't believe it would be appropriate to apply
this to anybody committing a property crime. He acknowledged
that it was a policy call for the legislature to make.
3:55:43 PM
SENATOR TOBIN posed a hypothetical example of an underage
individual who had not been diagnosed but was experiencing
symptoms of schizophrenia. She asked how that would interplay
with the bill.
MR. SKIDMORE said individuals who are under the age of 18 are
typically in the juvenile justice system. The things the
committee has been discussing wouldn't necessarily apply to
juveniles except a case of arson in the first degree, which is a
class A felony. A case involving a juvenile who is age 16 and
older who has committed a class A felony or an unclassified
felony would be automatically waived into adult court. Lower
levels of arson are not automatically waived.
3:57:04 PM
SENATOR DUNBAR said he hopes the Judiciary Committee scrutinizes
the arson provision carefully and decides to narrow it. He
mentioned receiving information indicating that the bill as a
whole might be challenged on constitutional grounds in a unique
instance of a crime against a person. He asked Mr. Skidmore if
he had any concern that the bill would be more susceptible to
that sort of legal challenge if the arson provision wasn't
narrowed.
MR. SKIDMORE said he didn't know what legal challenge was being
contemplated and he hadn't had an opportunity to review the CS
that was introduced just today. Thus, he couldn't comment on the
bill as a whole or whether a lawsuit may or may not be
appropriate. He posited that somebody who was contemplating a
lawsuit before the introduction of the CS may be focused on
holding an individual for more than five years. That would be a
civil matter which was not within his area of expertise.
3:59:33 PM
CHAIR WILSON removed his objection; he found no further
objection and CSSB 53, work order 33-LS0172\S, was adopted.
He asked whether there were any other questions or comments.
3:59:59 PM
SENATOR KAUFMAN stated that he was looking forward to
scrutinizing the CS and hearing more about due process and other
issues associated with the bill in the Judiciary Committee.
Thus, he was willing to move the bill from this committee.
CHAIR WILSON said he too had judicial concerns with the bill.
4:00:57 PM
At ease
4:01:07 PM
CHAIR WILSON reconvened the meeting and solicited a motion.
4:01:16 PM
SENATOR KAUFMAN moved to report the CS for SB 53, work order 33-
LS0172\S, from committee with individual recommendations and
attached fiscal note(s).
4:01:29 PM
CHAIR WILSON found no objection and CSSB 53(HSS) was reported
from the Senate Health and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS SB 53 (SHSS) v S.pdf |
SHSS 3/9/2023 3:30:00 PM |
SB 53 |
| SB 53 Explanation of Changes version B to Version S 3.9.2023.pdf |
SHSS 3/9/2023 3:30:00 PM SJUD 3/10/2023 1:30:00 PM |
SB 53 |
| SB 53 CCHR Testimony.pdf |
SHSS 3/9/2023 3:30:00 PM |
SB 53 |