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.