Legislature(2023 - 2024)BUTROVICH 205
04/05/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB53 | |
| SB20|| SJR4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 53 | TELECONFERENCED | |
| *+ | SB 20 | TELECONFERENCED | |
| *+ | SJR 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 53-FIVE-YEAR INVOLUNTARY COMMITMENTS
1:31:08 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 53
"An Act relating to involuntary civil commitments."
Speaking as the sponsor, he noted that this was the bill's third
hearing in the Senate Judiciary Standing Committee and that
there was a committee substitute (CS) for the committee to
consider. He asked Emma Potter to present the CS.
1:31:30 PM
EMMA POTTER, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the CS for SB 53. She
pointed to the first two changes found in Section 3(a) and
Section 5(a). The previous version of the bill stated that the
court may release a defendant on bail. Recent conversations with
the court system revealed that the court does not release
defendants. Consequently, the bill amends Section 3 and Section
5 to use accurate language regarding the court. The language
states that the court may order a defendant to be examined. She
continued with the third and final change in Section 9(d). The
change removes reference to five year in the language related
to successive commitments.
CHAIR CLAMAN asked committee members for questions or comments
related to the CS.
1:32:39 PM
CHAIR CLAMAN solicited a motion to adopt the committee
substitute as the working document.
1:32:44 PM
SENATOR KIEHL moved to adopt the committee substitute (CS) for
SB 53, work order 33-LS0172\P, as the working document.
1:32:59 PM
CHAIR CLAMAN found no objection and version P was adopted.
SENATOR KIEHL asked how the court determines a potential
commitment under this new standard of "up to five years. He
wondered what standards a judge might utilize to determine the
proposed period.
CHAIR CLAMAN deferred the question to Nancy Meade.
1:34:08 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System, Anchorage, Alaska, replied that she was unsure
about the exact standards the court would employ. She stated
that the judge reviews a clinical report from the Alaska
Psychiatric Institute (API) at each hearing apprising the court
of the status of the individual. She added that the API reports
include a recommendation. In these types of cases, the court
will hear any pertinent arguments from the public defender, the
prosecutor, and API to arrive at a sound conclusion.
SENATOR KIEHL responded that he was interested in the standards
applied. He asked if the medical judgment was weighed most
heavily when considering the potential commitment.
MS. MEADE responded that the evidence (API report) holds a great
deal of weight in the proceeding because the clinician has the
most expertise in the area. She revealed her experience with
this type of hearing where vigorous debate is frequently absent.
She added that the defense and the counsel often agree on an
appropriate time limit. She opined that disagreement would
proceed appropriately and the clinician's opinion would likely
receive an abundance of consideration. She found it unlikely
that the judge would opt for a longer commitment than the
clinical recommendation of API staff.
1:37:11 PM
CHAIR CLAMAN pointed to evidentiary standards and wondered if
the debate would focus on the preponderance of evidence standard
or by clear and convincing evidence.
1:37:28 PM
MS. POTTER replied that Section 9(b) states the court will find
clear and convincing evidence.
SENATOR KIEHL attempted to understand the debate related to
commitment time when a person has not been found guilty. He
found it difficult to use medical judgment as the standard for
setting a commitment length when medical judgment is not used to
end the commitment period.
CHAIR CLAMAN asked Ms. Meade for additional background related
to different evidentiary standards: the preponderance standard,
the clear and convincing standard, and the beyond a reasonable
doubt standard. He wondered how the judge reviews the
evidentiary standards.
1:39:13 PM
MS. MEADE replied that preponderance of the evidence is the
lowest standard in civil cases. She stated that criminal cases
require a jury to have proof beyond a reasonable doubt. She
added that clear and convincing evidence involves a position
between the two standards displaying more evidence than the
preponderance of evidence standard. She pointed out that this
bill has specific findings necessary, including proof that the
respondent is mentally ill and likely to cause serious harm to
self or others, which is an opinion best offered by the
clinician. She stated that the clinician would have expertise on
mental illness and the respondent's condition. She added that
the respondent's criminal history related to incompetence would
be based on clear evidence from their record. Another issue
addresses whether a person is found incompetent again. The final
matter relates to public protection by issuing a longer-term
commitment. She stated that the attorneys may debate the issue
of public protection. She relayed that the judge commonly makes
these decisions.
1:42:35 PM
SENATOR KIEHL appreciated the framework Ms. Meade provided. He
surmised that the bill introduces a new situation related to
civil commitments based on the standards described. Currently,
when a medical professional determines that a person is not
seriously mentally ill, they are deemed innocent and released
from commitment. He discerned that SB 53 alters the process when
a commitment exceeds 180 days. He surmised that the person
constrained must show by clear and convincing evidence that they
are eligible for release, which is a new standard. He valued the
aspects of the bill that protect victims, but he compared the
proposed action to medical incarceration.
1:44:20 PM
CHAIR CLAMAN disagreed that the bill flips the burden of clear
and convincing evidence. He stated that a person committed for
five years could shorten the time by displaying changed
circumstances. He explained that the initial burden for
involuntary commitment rests upon the state.
SENATOR KIEHL proposed a hypothetical case in which a committed
person or medical professional advocated for a shorter
commitment period and the prosecutor disagreed.
CHAIR CLAMAN surmised that a person is released if API providers
recommend the discharge. The bill requires a hearing for court
agreement before release. He added that the civil division
attorney would not be able to prevent the hearing if the medical
professional advises release.
1:46:00 PM
SENATOR TOBIN stated her concerns. She agreed that the testimony
provided by the woman stabbed at the Loussac Library was tragic.
She agreed that facets of the proposed legislation help close a
fundamental gap in the civil commitment process. She shared her
concerns related to the violation of an individual's due process
rights. She interpreted that a person's freedom might be
withheld based on the subjective opinion of a prosecutor
overriding a medical professional's expertise or recommendation.
She expressed concern about reversing the burden of proof. She
encouraged a holistic view rather than the focus on one single
tragic incident. She expressed concern about the bill affecting
a particular population with historical injustice and trauma.
She hoped that the legislative process would encourage further
dialog, but she invited the committee to carefully consider the
statutory changes.
1:48:14 PM
At ease
1:48:30 PM
CHAIR CLAMAN reconvened the meeting. He found no further
comments or questions and solicited a motion.
1:48:36 PM
SENATOR KIEHL commented on his concerns with the bill and then
moved to report the CS for SB 53, work order 33-LS0172\P, from
committee with individual recommendations and attached fiscal
note(s).
1:49:03 PM
CHAIR CLAMAN found no objection and CSSB 53(JUD) was reported
from the Senate Judiciary Standing Committee.