SB 2-CIVIL COMMITMENT OF SEXUAL PREDATORS MS. JULI LUCKY, staff to SENATOR HALFORD, presented SB 2 as a mechanism to protect society from serial rapists, pedophiles and other sexual predators who are highly likely to re-offend. MS. LUCKY said similar legislation has been enacted in 14 states and has been upheld by the U.S. Supreme Court. Number 576 SENATOR ELLIS reported that he was contacted with an amendment which clarifies that civilly committed sexual predators would not be housed in expensive psychiatric facilities. TAPE 99-03, SIDE B Number 001 MR. CARL BRIMNER, Director of the Division of Mental Health and Developmental Disabilities, remarked the department prefers the bill with the amendment recommended by SENATOR ELLIS. MR. BRIMNER expressed concerns about the bill. First, the department is worried that the bill may go forward with no fiscal note. MR. BRIMNER stated this is an expensive proposition. SENATOR HALFORD asked where people who have been deemed guilty but mentally ill are currently housed. MR. BRIMNER replied they are housed at the Anchorage Psychiatric Institute (API). SENATOR HALFORD asked how long an individual might be held at API. MR. BRIMNER said they may be housed there for as long as they are incompetent to stand trial. Number 565 SENATOR HALFORD remarked that sexual predators may be better off housed at a facility other than API since in some cases resources are wasted on people who are unlikely to be helped. MR. BRIMNER mentioned that there is a difference between the population they are discussing in this bill and the population at API. The difference is those who are at API now are biochemically mentally ill and may be responsive to some type of treatment; "sexual predators" are not mentally ill, but have a personality disorder and do not respond to treatment or medication. SENATOR DONLEY asked if people who have committed crimes are mixed into the general population at API and MR. BRIMNER replied they are in a separate forensic unit. SENATOR TORGERSON inquired if four weeks is long enough for evaluation at API. MR. BRIMNER indicated four weeks would likely be adequate time unless some treatment was involved. SENATOR TORGERSON asked if this might be contracted out. MR. BRIMNER said it would go out to bid, but to his knowledge, there is no appropriate facility in Alaska at this time. A facility would require both secure housing and a treatment program. SENATOR TORGERSON asked if yearly reevaluations of those committed would really be necessary. MR. BRIMNER responded that reevaluation could be done at longer intervals or could be contingent on progress. Number 505 SENATOR ELLIS asked the difference between this amendment and the language in the bill last year. MR. JERRY LUCKHAUPT, staff attorney from Legislative Legal Services, came forward to answer that question. MR. LUCKHAUPT explained that the old language did not allow these people to be housed in a state run facility and the new language does allow it in case the state may want to operate this type of facility in the future. Number 474 MR. LUCKHAUPT stated under the bill, civilly committed people have to be under the care of the Department of Health and Social Services, not necessarily in a mental health facility, but separate from other people who are committed for other reasons. SENATOR DONLEY asked if it was possible to broaden this category so other classes of perpetrators could be housed with them. MR. LUCKHAUPT said the intent of the amendment requires housing them apart from any other person under the jurisdiction of the Department of Health and Social Services. MR. LUCKHAUPT also explained that to keep the bill constitutional, these people may not be housed in a correctional facility. SENATOR DONLEY remarked this is a very narrow restriction that may be difficult to administer. He did not want to preclude the combination of these people with other "mutually dangerous criminals." Number 415 CHAIRMAN TAYLOR considered the possibility of building a facility adjacent to a correctional facility. CHAIRMAN TAYLOR thought this might allow some way to deal with these people without jeopardizing mental health programs or prison administration. SENATOR DONLEY commented that he would like the bill to allow for more flexibility. SENATOR HALFORD stressed that the key is this commitment is for treatment, not punishment. Number 383 SENATOR ELLIS moved Amendment #1. SENATOR ELLIS described there may not be any other class of people who could be lumped together with these people and still have the bill remain constitutional. SENATOR DONLEY suggested they should leave it up to the mental health experts to determine if such a population exists. MS. CARPENETI stated the amendment came from the mental health experts. CHAIRMAN TAYLOR observed that we may end up building a facility for two or three people. MR. BRIMNER repeated that this population of sexual predators with deviant personalities are dissimilar from other mentally ill populations. MS. CARPENETI emphasized that the bill specifically allows for a separate facility on the grounds of a correctional facility so long as it is separate and under the administration of the Department of Social Services. MS. JEAN STEELE, testifying from Homer, agreed with the amendment but insisted the bill should be clarified in regard to the definitions of mental illness versus insanity. MS. STEELE stated personality disorders and antisocial behavior are not mental illnesses. MS. STEELE said and her primary concern is that offenders should be sentenced to and serve longer terms. SENATOR HALFORD stressed that the legal definition of mental illness is very different and much more expansive than the clinical definition. The bill uses the legal definition. Number 274 MR. LUCKHAUPT remarked the bill uses the definition of mental illness used in A.S.12.47.090: "any medical condition that increases the propensity of the defendant to be dangerous to the public peace or safety." This definition is used in cases in which a defendant who is found guilty is required to show he or she is not a danger to society. This is similar to the process in which a person might be civilly committed under this bill. MR. LUCKHAUPT said this definition is different from "mental disease or defect" which is the standard used for other involuntary civil commitments. Number 230 MS. PATRICIA KOURIS, representing the National Alliance for the Mentally Ill (NAMI) Alaska chapter, repeated the importance of housing these sexual predators separately from potentially vulnerable mentally ill patients like those at API. MR. BYRON CHARLES, from Ketchikan, testified to his support of the bill. As a victim of sexual abuse and an ex-offender, MR. CHARLES expressed concern with the evaluation process of prisoners now incarcerated. MR. CHARLES suggested better evaluation and treatment of prisoners might lower the recidivism rates of sex offenders. MR. CHARLES voiced the opinion that stricter sentences should also be considered for offenders and repeat offenders, as any time they receive is no match for the suffering of their victims. Number 140 SENATOR ELLIS moved a technical amendment to Amendment #1: on page 5, line 18 delete the words "mental health" and insert the word "treatment" and insert the word "treatment" on page 5, line 11. Without objection, the amendment to the amendment was adopted. CHAIRMAN TAYLOR stated the main amendment was now before the committee. Without objection, Amendment #1 (as amended) was adopted. CHAIRMAN TAYLOR noted there was additional public testimony and stated this would be taken up Wednesday @ 1:30.