HOUSE BILL NO. 150 "An Act relating to the protection of property of persons under disability and minors; relating to the crime of violating a protective order concerning certain vulnerable persons; relating to aggravating factors at sentencing for offenses concerning a victim 65 years or older; relating to the protection of vulnerable adults; amending Rule 12(h), Alaska Rules of Criminal Procedure; amending Rule 45(a), Alaska Rules of Criminal Procedure; amending Rule 65, Alaska Rules of Civil Procedure; amending Rule 17, Alaska Rules of Probate Procedure; amending Rule 9, Alaska Rules of Administration; and providing for an effective date." 3:43:42 PM DUANE MAYES, DIRECTOR, DIVISION OF SENIOR AND DISABILITY SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, explained that HB 150 related to the protection of "vulnerable adults," who were identified as Alaskans with disabilities over the age of 65. The bill specifically related to the protection of property and the violation of a protective order. He communicated that financial exploitation of elder and other vulnerable populations was increasing along with the growth in Alaska's elderly population. The Department of Labor and Workforce Development estimated that there were approximately 50,000 or more adults that were aged 60 and older; the number was expected to change to approximately 80,000 by 2017. He delineated that the legislation would strengthen Alaska law to increase the protection of elders and other vulnerable adults against fraud and financial exploitation. He stressed that vulnerable adults needed assistance to stop the theft of their money. Mr. Mayes detailed that the bill would address the difficulty that victims had with accessing the courts and would help them to obtain prompt and inexpensive relief. Two frustrations that victims had with the courts would be solved under the legislation: First, the temporary conservatorship provisions of HB 150 would help victims of financial exploitation who may not need a guardian, but who needed assistance to stop the immediate theft of their money. The temporary conservatorship procedure would be similar to the existing temporary guardian procedure; the victim would retain autonomy while receiving assistance, which would enhance their ability to stop exploitation or loss before they suffered irreparable harm. Second, the "ex parte" relief was similar to the existing domestic violence protection law and would allow vulnerable adults to independently obtain straightforward, expedited relief without an attorney, from any magistrate or judge throughout Alaska. Mr. Mayes described that HB 150 would amend the Adult Protective Services statutes to enhance the investigative authority of vulnerable adults and would expand the list of mandatory reporters to include nursing home employees. The bill included "undue influence" language related to the mistreatment of a vulnerable adult by a person of trust. Co-Chair Stoltze asked whether the undue influence provision was similar to the standard that had been applied in the Satch Carlson case, which had focused on a teacher's sexual exploitation of a student in his role as a person of trust. Mr. Mayes responded in the affirmative. Mr. Mayes summarized that the bill would enhance penalties in criminal cases related to the abuse of vulnerable adults and would provide the State of Alaska with the necessary tools to combat the growing problem of financial abuse against the elderly and disabled population. 3:49:52 PM PAT LUBY, ADVOCACY DIRECTOR, AMERICAN ASSOCIATION FOR RETIRED PERSONS, vocalized the organization's support of HB 150. He stated that the abuse and exploitation of older adults was unfortunate and often times the offender was a family member, trusted advisor, or caregiver. The bill increased mandated reporters, including lower-level staff in long-term care facilities. The use of conservators was expanded and included temporary conservators that were available on an emergency basis. The fastest growing age group nationwide was adults over the age of 85 and was the most likely group to be subjected to some type of abuse. He voiced that HB 150 would not solve all of the problems, but that it would be helpful. He pointed out that the title of the bill included the age of 65 and page 8, line 9 and page 11, lines 8 and 16 used the age 60. He thought the committee may want to determine whether the two ages were necessary. He reiterated the organization's support of the bill that would help vulnerable adults, children, and individuals with disabilities. Representative Guttenberg asked whether the definition of "vulnerable adult" was broad enough to cover all of the necessary circumstances. Mr. Luby replied that the organization relied on and respected the attorney general's ability to provide the best definition. SCOTT STERLING, SUPERVISORY ATTORNEY, OFFICE OF ELDER FRAUD AND ASSISTANCE, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF ADMINISTRATION (via teleconference), supported the legislation. He discussed that the Office of Public Advocacy had contributed to the provisions related to the temporary conservatorship and protective orders for financial exploitation. He noted that Kelly Henriksen with DOL had been involved in the other provisions of the bill related to adult protective services and other. The temporary conservatorship program was intended to be a mirror of the existing temporary guardianship provision in AS Title 13; the current provision existed in order to provide courts with express statutory authority to appoint temporary conservators to prevent immediate or imminent financial harm to a vulnerable adult. The court system had expressed reservations about its authority to issue temporary conservatorships because they were not currently allowed in Alaska statute; the proposed legislation would eliminate the problem. Mr. Sterling communicated that the financial protection orders were intended to permit inexpensive and expedited relief without the need to hire an attorney and were similar to existing orders that were available to domestic violence victims. He explained that in his profession it was generally accepted that fraud and financial exploitation were a form of domestic violence. The bill would permit any citizen aggrieved by financial mistreatment to apply for relief from the exploitation before a judge or magistrate without the involvement of an attorney; however, the bill did not prevent citizens from using an attorney. The goal was to provide people with the ability to put a stop to exploitation that had become more prevalent due to the ease in which technology overcame barriers privacy rights. The purpose of the provision was to offer statutory remedies and procedures that were accessible and allowed individuals to protect themselves from financial abuse. 3:57:54 PM Representative Costello wondered whether identity theft was considered under the definition of exploitation. Mr. Sterling responded in the affirmative. He added that many of the fraud and financial exploitation cases in the Office of Elder Fraud Assistance had involved identity theft. BETH RUSSO, SUPERVISORY ATTORNEY, PUBLIC GUARDIAN SECTION, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF ADMINISTRATION (via teleconference), voiced the agency's support of the bill. The agency believed the bill would be a significant aid to its clients and any person subject to a protective proceeding, and would eliminate the need for the appointment of a public guardian or conservator. BRENDA MAHLATINI, PROGRAM MANAGER, OFFICE OF ADULT PROTECTIVE SERVICES, DIVISION OF SENIOR AND DISABILITIES SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES (via teleconference), introduced herself and was available for questions. KATHY MONFREDA, CHIEF AND CRIMINAL JUSTICE INFORMATION SYSTEM OFFICER (CJIS), CRIMINAL RECORDS AND IDENTIFICATION BUREAU, DEPARTMENT OF PUBLIC SAFETY (via teleconference), explained that CJIS was responsible for database maintenance for files such as protective orders. She was available to answer questions. Co-Chair Stoltze CLOSED public testimony, but noted that he would reopen it in a future meeting if necessary. HB 150 was HEARD and HELD in committee for further consideration.