Legislature(2023 - 2024)BUTROVICH 205
03/29/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor Appointees | |
| SB53 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 37 | TELECONFERENCED | |
| += | SB 53 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 53-FIVE-YEAR INVOLUNTARY COMMITMENTS
1:51:03 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 53
"An Act relating to involuntary civil commitments."
He noted that this was the second hearing, he was the sponsor,
and there was a committee substitute (CS) for the committee to
consider. He asked Ms. Potter to proceed.
1:51:35 PM
EMMA POTTER, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska reviewed the changes from version S
to version Y of SB 53.
Section 1 (page 1, lines 5-14; page 2, lines 1-7):
• Amends subsection (a) to remove the requirement
that psychologists are "forensic" psychologists.
Section 2 (page 2, lines 8-25):
• Amends subsection (b) to remove the requirement
that attorneys file a motion that is "written"
when making a motion for a judicial determination
of the competency of the defendant.
• Amends subsection (b) to specify that the court
make findings of fact and conclusions of law that
justify an examination before ordering the
defendant examined for competency.
Section 3 (page 2, lines 26-31; page 3, lines 1-17):
• New subsection (i) states that defendants may be
released on bail conditions for outpatient
competency examinations. It states that before
releasing a defendant on bail under this section,
the court shall consider: (1) any medical
information provided by the Department of Family
and Community Services; (2) the defendant's
mental condition; (3) the defendant's level of
need for evaluation and treatment under this
chapter; (4) the defendant's ability to
participate in outpatient treatment; and (5) the
defendant's history of evaluation and treatment
under this chapter.
• New subsection (k) states that a court may rely
on a defense attorney's representation that the
attorney possesses information, including
privileged information provided at an ex parte
hearing when determining bail conditions for
defendants under this section.
Section 4 (page 3, lines 18-31; page 4, lines 1-10):
• Amends (b) to conform with dangerousness
standards created by the legislation and limits
the arson standard to felony arson only.
Defendants charged with a felony offense against
a person or felony arson may be committed for a
total of two years for competency restoration.
1:53:25 PM
Section 5 (page 4, lines 11-31; page 5, lines 1-6):
• Amends subsection (f) to state that before
releasing a defendant on bail under this section,
the court shall consider: (1) any medical
information provided by the Department of Family
and Community Services; (2) the defendant's
mental condition; (3) the defendant's level of
need for evaluation and treatment under this
chapter; (4) the defendant's ability to
participate in outpatient treatment; and (5) the
defendant's history of evaluation and treatment
under this chapter.
• Amends subsection (g) to limit the arson standard
to felony arson only. This section states that,
at the expiration of the competency restoration
period, the prosecutor shall: (1) file a petition
seeking involuntary commitment under the new AS
47.30.706 before dismissal of charges; (2) notify
the civil division of the Department of Law
within 24 hours after filing the petition; and
(3) provide the court's findings to the civil
division of the Department of Law within 24 hours
after the court's ruling.
Section 6 (page 5, lines 7-31; page 6, lines 1-5):
• Creates a new section AS 47.30.706: Commitment
after finding of incompetence.
• This section closes the period of time between a
criminal case dismissal of charges for a felony
offense against a person or felony arson, based
on an individual's incompetency, and the start of
civil commitment proceedings. Under current
statute, there is not a process that allows for
the civil commitment proceedings to begin for
individuals who meet the dangerous standard
without them being released to the public.
• The section states that: if a person is found
incompetent to proceed on a felony offense
against a person or felony arson, an attorney
with the Department of Law shall file a petition
to have the person delivered to the nearest
evaluation facility. Upon receipt of this
petition, the court shall issue an ex parte
order, appoint an attorney for the respondent,
and may direct the peace officer to take the
respondent into custody and deliver them to the
nearest appropriate facility for evaluation. The
court shall set a date, time, and place for a 30-
day commitment hearing, to be held within 72
hours. This matches the current statute and
timeline for 30-day commitment hearings.
• This section includes language which states that
an individual charged with a felony offense
against a person or felony arson who is found to
be incompetent to stand trial is rebuttably
presumed to be mentally ill and present a
likelihood of serious harm to self or others.
This creates the basis by which the court can
issue the ex parte order and initiate the 30-day
commitment proceedings.
Section 7 (page 6, lines 6-11):
• This section amends AS 47.30.710 subsection (a)
to include the new section of statute AS
47.30.706: Commitment after finding of
incompetence.
Section 8 (page 6, lines 12-22):
• This section was numbered Section 6 in the
previous bill version.
Section 9 (page 6, lines 23-31; page 7, lines 1-28):
• This section was numbered Section 7 in the
previous bill version.
• Amends section to limit the arson standard to
felony arson only.
• Amends subsection (a) to clarify that a
respondent is released from involuntary treatment
at the expiration of the 180-day commitment
period unless an additional 180-day commitment is
petitioned or a commitment up to five-years is
petitioned, if the individual meets the standards
of a five-year commitment.
• Removes "attempts of harm to self" from the
involuntary commitment standards for additional
five-year involuntary commitment.
Section 10 (page 7, lines 29-31; page 8, lines 1-3):
• This section was numbered Section 8 in the
previous bill version.
Section 11(page 8, lines 4-23):
• This section was numbered Section 9 in the
previous bill version.
• Amends section to limit the arson standard to
felony arson only.
Section 12 (page 8, lines 24-31; page 9, lines 1-14):
• This section was numbered Section 10 in the
previous bill version.
1:56:53 PM
CHAIR CLAMAN informed the committee that Mr. Skidmore was
available to answer questions.
1:57:07 PM
SENATOR TOBIN asked about the removal of the term written in
Section 2.
MS. POTTER replied that version S included the word written.
The Department of Law (DOL) requested the addition in the
previous committee of referral. The court makes findings of fact
and conclusions of law that justify examination as a better
approach.
1:58:23 PM
JOHN SKIDMORE, Deputy Attorney General, Criminal Division,
Alaska Department of Law, Anchorage, Alaska, added that the
concept may lead to a dramatic increase in requests for an
evaluation of incompetence. The Department of Law attempted to
allow courts to make an informed decision about whether or not
such requests are based on a factual basis. He informed the
committee that adding the word written requires a rule change,
which slows the process and is not the department's intention.
1:59:42 PM
CHAIR CLAMAN informed the committee that Nancy Meade and Kaci
Schroeder were available to answer questions.
SENATOR KIEHL asked about the time required to enter findings
and facts.
2:00:43 PM
NANCY MEADE, General Counsel, Department of Law, Anchorage,
Alaska, anticipated that most judges, in most circumstances
would be able to make such a ruling during the hearing.
2:01:14 PM
SENATOR TOBIN asked if the five stipulations in Section 3 are
considered during the process of determining competency.
MS. MEADE did not anticipate that the stipulations would be
discussed in the same hearing. She stated that bail conditions
are set beforehand in most circumstances. She added that the
defense may propose that the defendant is incompetent, which
happens in a different hearing. She pointed out the flexibility
to amend bail conditions. Occasionally, a request to amend the
bail conditions offers a condition for the delay.
CHAIR CLAMAN noted that the factors address the bail decision
rather than the incompetency decisions.
MS. MEADE added that AS 12.30 states that when a person is
deemed incompetent, the judge must consider other factors when
making the bail decision. Appropriate bail conditions protect
the community.
2:03:55 PM
SENATOR KIEHL wondered how frequently a person evaluated for
competency is released on bail.
2:04:45 PM
MS. MEADE replied that some defendants are out on their own
recognizance or out on bail with pre-trial supervision. She
stated that once a person claims incompetency, a judge finds
facts and laws to justify an examination. She noted that for
some people in jail, it takes a couple of weeks to effectuate
that evaluation, so they are out on bail. Once the claim is
made, individuals are not necessarily detained in a hard bed.
2:05:45 PM
MR. SKIDMORE added that the concept in Section 3 is less about a
person released on bail. He informed the committee that Sections
3 and 5 make an outpatient evaluation available. He noted that a
person out on conditions of release and requesting an evaluation
must present to the Alaska Psychiatric Institute (API). If a
person is found to be incompetent, they must stay at API for
purposes of attempting a restoration. He stated that Section 3
addresses the option of an outpatient clinic (page 2, line 28)
or facility conducting the examination.
MR. SKIDMORE shared that Section 5 had a provision allowing for
outpatient restoration services. He mentioned the significant
waitlist for evaluation and restoration in Alaska. Section 5
attempts to expand the services available to provide evaluation
or restoration services. He noted that if outpatient services
were appropriate, that person would not be in custody. The
provisions attempt to guide a release assessment.
2:08:00 PM
SENATOR KIEHL asked if outpatient options exist in Alaska.
MR. SKIDMORE replied that some providers and facilities can
conduct examinations on an outpatient basis. He guessed that
some providers or facilities may be capable of providing
restoration services. He noted that Alaska statutes require
assessments to be done at API facilities. The provision attempts
to expand those entities capable of performing such examinations
or restoration services.
2:08:50 PM
CHAIR CLAMAN added that restoration services might facilitate
competency restoration for a person who can be released safely
to the community. The restoration services would prevent a
person from sitting in jail waiting for a competency restoration
from API.
2:09:38 PM
MS. MEADE added that incomplete data showed 25 percent of those
ordered to receive a competency examination were found to be
competent by the examining physician or facility.
2:10:24 PM
SENATOR TOBIN asked about Section 6, which indicates that a
person would be delivered to the nearest evaluation facility.
She queried the next step if the nearest evaluation facility is
at capacity.
MS. POTTER referred to subsection (c) stating that a person
taken into custody for evaluation may not be placed in jail or
another correctional facility except for protective custody
purposes and while awaiting transportation to an evaluation
facility.
2:11:26 PM
VICE-CHAIR KIEHL moved to adopt the committee substitute (CS)
for SB 53, work order 33-LS0172\Y, as the working document.
CHAIR CLAMAN found no objection and version Y was adopted.
CHAIR CLAMAN held SB 53 in committee for future consideration
and set an amendment deadline.