Legislature(2023 - 2024)BUTROVICH 205
03/29/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing (s) | |
| 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 |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 29, 2023
1:30 p.m.
DRAFT
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Löki Tobin
MEMBERS ABSENT
Senator Cathy Giessel
COMMITTEE CALENDAR
CONFIRMATION HEARINGS:
Commission on Judicial Conduct
Todd Fletcher - Anchorage
- CONFIRMATION ADVANCED
Board of Parole
Sarah Possenti - Fairbanks
- CONFIRMATION ADVANCED
SENATE BILL NO. 53
"An Act relating to involuntary civil commitments."
- HEARD & HELD
SENATE BILL NO. 37
"An Act establishing the crime of airbag fraud."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 53
SHORT TITLE: FIVE-YEAR INVOLUNTARY COMMITMENTS
SPONSOR(s): SENATOR(s) CLAMAN
02/01/23 (S) READ THE FIRST TIME - REFERRALS
02/01/23 (S) HSS, JUD
02/21/23 (S) HSS AT 3:30 PM BUTROVICH 205
02/21/23 (S) Heard & Held
02/21/23 (S) MINUTE(HSS)
02/28/23 (S) HSS AT 3:30 PM BUTROVICH 205
02/28/23 (S) Heard & Held
02/28/23 (S) MINUTE(HSS)
03/09/23 (S) HSS AT 3:30 PM BUTROVICH 205
03/09/23 (S) Moved CSSB 53(HSS) Out of Committee
03/09/23 (S) MINUTE(HSS)
03/10/23 (S) HSS RPT CS 3NR 2AM NEW TITLE
03/10/23 (S) AM: WILSON, TOBIN
03/10/23 (S) NR: DUNBAR, GIESSEL, KAUFMAN
03/10/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/10/23 (S) Heard & Held
03/10/23 (S) MINUTE(JUD)
03/15/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/23 (S) <Bill Hearing Canceled>
03/22/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/22/23 (S) <Bill Hearing Canceled>
03/24/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/24/23 (S) <Bill Hearing Canceled>
03/29/23 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
TODD FLETCHER, Appointee
Commission on Judicial Conduct
Anchorage, Alaska
POSITION STATEMENT: Testified regarding his appointment to the
Commission on Judicial Conduct
SARA POSSENTI, Appointee
State Board of Parole
Fairbanks, Alaska
POSITION STATEMENT: Testified regarding her appointment to the
State Board of Parole
DAVID IGNELL, Representing self
Forensic journalist
Retired attorney
Juneau, Alaska representing self
POSITION STATEMENT: Testified about the governors appointees.
ED MARTIN, Representing self
Kenai, Alaska
POSITION STATEMENT: Testified about the governors appointees.
EMMA POTTER, Staff,
Senator Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the explanation of changes in the
Committee Substitute for SB 53.
NANCY MEADE, General Counsel
Administrative Offices
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions about the changes to SB
53.
JOHN SKIDMORE, Deputy Attorney General
Office of the Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions about the changes to SB
53.
ACTION NARRATIVE
1:30:36 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:30 p.m. Present at the call to order were
Senators Kiehl, Kaufman, Tobin and Chair Claman.
^CONFIRMATION HEARING (S)
CONFIRMATION HEARING(S)
COMMISSION ON JUDICIAL CONDUCT
BOARD OF PAROLE
1:31:35 PM
CHAIR CLAMAN announced the consideration of the Governor
Appointees to the Commission on Judicial Conduct and the Board
of Parole.
1:31:40 PM
CHAIR CLAMAN moved to invited testimony.
TODD FLETCHER, Appointee, Commission on Judicial Conduct,
Anchorage, Alaska, stated that he currently serves on the
commission. He expressed his enthusiasm about serving again and
he appreciates the diverse compilation of members including
judges, attorneys and citizens. He respected his fellow members
for their efforts to improve the transparency of the judicial
system.
SENATOR KIEHL thanked Mr. Fletcher for reapplying. He understood
that the Commission on Judicial Conduct rarely engaged in formal
proceedings. He asked Mr. Fletchers opinion about the
commissions handling of complaints.
MR. FLETCHER responded that he had little experience with
addressing complaints during his time on the commission. He
stated that the commission actively consults about formal
matters.
SENATOR KIEHL appreciated the response.
CHAIR CLAMAN appreciated Mr. Fletchers institutional knowledge.
He asked about the length of the appointment commitment.
MR. FLETCHER replied that his most recent appointment was for
three years. He remarked that he has grown from his appointment,
which allows him to address issues with knowledge.
1:36:29 PM
SARA POSSENTI, Appointee, State Board of Parole, Fairbanks,
Alaska, testified as an appointee. She stated that she was
reappointed to the Board of Parole for the fourth time, serving
a total of 12 years. She reported working for the Department of
Corrections for over 20 years. She specialized in supervising
sex offenders and served as the treatment abuse team leader. She
felt that her institutional knowledge was valuable to the State
Board of Parole.
1:38:53 PM
SENATOR TOBIN commented on a trend among recent appointees. She
noticed a concentration in a particular voice and experience.
She pointed out that AS 33.16.020 states that the Board of
Parole should have representation from ethnic, racial, sexual
and cultural populations across the state. She noted that many
boards and commissions are lacking Alaska Native voices.
1:39:48 PM
CHAIR CLAMAN asked Ms. Possentis perspective on granting
parole.
1:40:45 PM
MS. POSSENTI replied that the boards consideration of
discretionary parole involves several criteria. The board
receives a significant volume of information from the Parole
Officer (PO) related to criminal history. The criteria address
whether a prisoner may remain in a community without violating
further laws or posing a threat to the public. Parole should not
diminish the seriousness of the sentence. Treatment is
considered to reduce risk to the community. She stated that the
questions posed to the applicants consider the treatment
completed, controlled release, employment, and the nature of the
parole request. An early release to the community requires great
consideration.
CHAIR CLAMAN opened public testimony. He informed testifiers
about the two-minute time limit.
1:44:40 PM
DAVID IGNELL, forensic journalist, and retired attorney, Juneau,
Alaska representing self, spoke to the appointment of Todd
Fletcher to the Commission on Judicial Conduct. He announced his
participation in the commissions January 6, 2023, hearing,
which he classified as an insult. He opined that the proceeding
was informal, and the protocol was ignored. He opined that
Alaska had a systemic failure of the judicial system that places
politics over basic constitutional rights. He agreed that Alaska
Natives are poorly represented on the judicial commission. He
stated that the Supreme Court order, 1993 was an abomination and
that Grand Jurys must be given the right to investigate the
issue.
1:47:17 PM
ED MARTIN, representing self, Kenai, Alaska, expressed interest
in the Commission for Judicial Conduct. He appreciated his time
visiting with Mr. Fletcher. He expressed concern about member
limitations related to commission agendas. He spoke briefly
about the Board of Parole.
1:50:13 PM
CHAIR CLAMAN closed public testimony.
SENATOR KIEHL stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Commission on Judicial Conduct
Todd Fletcher - Anchorage
Board of Parole
Sarah Possenti Fairbanks
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
SB 53-FIVE-YEAR INVOLUNTARY COMMITMENTS
1:51:09 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 53
"An Act relating to involuntary civil commitments."
1:51:32 PM
EMMA POTTER, Staff, Senator Claman, Alaska State Legislature,
Juneau, Alaska reviewed the changes in work order, 33-LS0172\Y.
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.
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 written in Section 2.
She knew that the word written was added in version S and is
now removed in version Y.
1:57:38 PM
MS. POTTER replied that CSSB 53 (HSS) included the word
written at the request of the Department of Law (DOL). 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 departments 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.
2:00:32 PM
NANCY MEADE, General Counsel, Department of Law, Anchorage,
Alaska, anticipated that most judges, in most circumstances make
such a ruling during the hearing.
2:01:14 PM
SENATOR TOBIN asked about Section 3 and the five stipulations.
She asked if the stipulations are considered during the process
of determining competence.
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 the subsection related to decisions, AS
12.30, states 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 asked about people evaluated for competency while
out on bail. He wondered how frequently a person evaluated for
competency is released on bail.
2:04:23 PM
CHAIR CLAMAN deferred the question to Ms. Meade or Mr. Skidmore.
2:04:45 PM
MS. MEADE replied that some defendants are out on their
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, therefore, 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, 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 proposed committee
substitute (CS) for SB 53, work order 33-LS0172\Y, as the
working document.
CHAIR CLAMAN found no objection and CSSB 53 (JUD) was adopted.
CHAIR CLAMAN held CSSB 53 (JUD) in committee. He requested
amendments be submitted to his office by 5:00 p.m. on April 3,
2023.
2:12:41 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:12 p.m.