SENATE JUDICIARY COMMITTEE January 27, 1999 1:40 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator Dave Donley MEMBERS ABSENT Senator John Torgerson Senator Johnny Ellis COMMITTEE CALENDAR SENATE BILL NO. 2 "An Act providing for civil commitment of sexually violent predators." -MOVED CSSB 2(JUD) OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 2 - See Judiciary committee minutes dated 1-25-99. WITNESS REGISTER Ms. Anne Carpeneti Assistant Attorney General Department of Law PO Box 110300 Juneau, AK 99801-0300 POSITION STATEMENT: Commented on SB 2 Mr. Walter Majoros Executive Director Alaska Mental Health Board 431 N. Franklin St. suite 101 Juneau, AK 99801-1121 POSITION STATEMENT: Commented on SB 2 Ms. Jeanette Grasto National Alliance for the Mentally Ill 1369 Ballaine Road Fairbanks, AK 99709 POSITION STATEMENT: Commented on SB 2 Ms. Kris Jenkins PO Box 55268 North Pole, AK 99705 POSITION STATEMENT: Commented on SB 2 Mr. Blair McCune Deputy Director Alaska Public Defender Agency 900 West 5th suite 200 Anchorage, AK 99501 POSITION STATEMENT: Commented on SB 2 Ms. Katsumi Kenaston 1281 8th #A303 Anchorage, AK 99501 POSITION STATEMENT: Commented on SB 2 ACTION NARRATIVE TAPE 99-04, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:40 p.m. and announced the resumption of the public hearing on Senate bill 2. SB 2 - CIVIL COMMITMENT OF SEXUAL PREDATORS Number 010 SENATOR HALFORD moved the adoption of CSSB 2(JUD) and said this version of the bill incorporates prior amendments and makes one new technical change: on page 5, line 22, insert "state operated" and delete "mental health." Without objection, the committee substitute was adopted. Number 045 MS. ANNE CARPENETI, representing the Department of Law, presented background information on SB 2 and stressed that the bill is careful to craft a precise procedure in order to capture this specific, small population. MS. CARPENETI said SB 2 requires that the state prove beyond a reasonable doubt that a sexual predator is substantially likely to re-offend, and the jury decision must be unanimous. MS. CARPENETI explained this is the same standard used to release a person previously found not guilty by reason of insanity after the determination that they are no longer a danger to society. MS. CARPENETI said the process within SB 2 also requires screening of each case by the Department of Health and Social Services and a decision by the Department of Law that a credible case can be made for civil commitment. MS. CARPENETI remarked these procedures will be very expensive and will require treatment for those committed, not simply incarceration. CHAIRMAN TAYLOR asked if treatment is likely to be contracted out to another state that already has the facilities. MS. CARPENETI replied that is certainly an option. Number 112 MR. WALTER MAJOROS, Executive Director of the Alaska Mental Health Board related the board's concerns to the committee. MR. MAJOROS noted that he is a prior director of an agency that provides services to sex offenders as well as an agency that oversees sex offender treatment programs for the Department of Corrections. MR. MAJOROS expressed the primary concern of the board regarding this bill is the potentially severe impact it might have on people with true mental illnesses. MR. MAJOROS stated that public safety concerns such as this are more appropriately addressed within the criminal justice system. MR. MAJOROS emphasized that sexual predators are not mentally ill; they have behavioral and personality disorders which are much different from organic mental illness. MR. MAJOROS noted that the Alaska Psychiatric Institute is downsizing and he said it is critical to have separate funding streams for this bill so that true mental health dollars are not diverted to the treatment of sexual predators. MR. MAJOROS would like language inserted into the bill that requires separate funding for sexual predators and prohibits the use of mental health funding for them. Number 180 SENATOR HALFORD did not disagree with MR. MAJOROS'S comments but pointed out that even the Supreme Court has ruled "legal definitions . . . need not mirror those advanced by the medical profession." SENATOR HALFORD said this legislation does not attempt nor intend to muddy the distinction between sexual predators and the mentally ill. MR. MAJOROS replied that if the bill provides for separate facilities and separate funding streams for sexual predators the board will be satisfied. SENATOR HALFORD commented he would never expect that the Mental Health Trust Authority would want to put funds into this category. MR. MAJOROS thanked SENATOR HALFORD for that but added his concern also covers general fund mental health funds. SENATOR HALFORD replied that general fund mental health funds are just general funds. Number 215 MS. JEANETTE GRASTO, President of the National Alliance for the Mentally Ill (NAMI) Alaska chapter, reiterated MR. MAJOROS'S concerns and stressed the funds available to mental health programs are already inadequate. MS. GRASTO also objected to the definition of mental illness used in the bill and said it creates a stigma about people living with mental illness. CHAIRMAN TAYLOR noted MS. GRASTO'S written testimony had been received by fax and distributed to the committee. MS. GRASTO said six people had been in Fairbanks wishing to testify at the last hearing held on this bill but only two had returned today. CHAIRMAN TAYLOR assured her the committee had received written testimony from several other people and it had been distributed to committee members. CHAIRMAN TAYLOR thanked these people for their testimony. Number 285 MS. KRIS JENKINS, from North Pole, testified via teleconference. MS. JENKINS repeated the concerns expressed about inadequate resources and the definition of mental illness used in the bill. MS. JENKINS argued that mentally ill people are not sexual predators and sexual predators are not mentally ill. MS. JENKINS also said the trial of a sexual predator should not be a revictimization of the victim. MR. BLAIR MCCUNE, Deputy Director of the Alaska Public Defender Agency, opposed the bill primarily because the bill represents a big change in criminal justice in Alaska. If the bill passed, people would be locked up based on a prediction of what they might do in the future. MR. MCCUNE said the bill walks a constitutional tightrope and he suggested sexual predators would be best handled with severe, lengthy sentences handed down by the court. Number 350 MR. MCCUNE said the term sexual predator brings to mind serial rapists and pedophiles but, as defined, might apply to others who commit lesser offenses. MR. MCCUNE urged the committee to look at a narrower definition of mental illness that also might not offend the mental health community. MR. MCCUNE suggested the terms "mental abnormality" or "sexually disordered person" might be useful. MR. MCCUNE said as a result of the Brandon case placing these people in treatment centers outside the state may be difficult. MR. MCCUNE concluded that the issue is complex and will require complicated, expensive legal proceedings. Number 393 MS. KATSUMI KENASTON, President of the Alaska Mental Health Consumer Web, asked about the intersection of "mentally ill" and "sexual predator." SENATOR HALFORD responded, clarifying the bill does not define mental illness in a clinical sense. He stated clearly for the record the mentally ill are no more or less likely to be violent sexual predators than the general population. SENATOR HALFORD said there is no intention to have this bill reflect on mental illness. MS. KENASTON associated herself with the comments of MR. MAJOROS and voiced continued concern with the terminology used in this bill. Number 426 CHAIRMAN TAYLOR thanked the witness who had testified and particularly MR. MCCUNE for providing possible alternative terms. SENATOR DONLEY commented that sexual predators may not be clinically mentally ill but they are sick people who need treatment and from whom the public deserves protection. Number 444 SENATOR DONLEY moved CSSB 2(JUD) from committee with individual recommendations and the accompanying fiscal notes. SENATOR HALFORD agreed with SENATOR DONLEY that these individuals are sick and dangerous and meet the legal definition specified within the bill which attempts to protect society from them as well as to protect them from society. CHAIRMAN TAYLOR said he agreed with the Supreme Court decision that recognized this class of people that suffer from behavioral abnormalities. CHAIRMAN TAYLOR stated clearly there is a distinction between the legal and medical definition of mental illness and the legal definition is used to protect the public as well as to protect these individuals from the consequences of their own actions. SENATOR HALFORD added that in order to make a determination that a person is a sexual predator, the legislation requires evidence of past sexually violent behavior and the existence of a mental condition or abnormality that makes the behavior likely to continue. CHAIRMAN TAYLOR concluded that putting these statements on the record is important so that no confusion exists about either the distinction of these definitions or the intention of this deliberative body. CHAIRMAN TAYLOR asked if there was objection to SENATOR DONLEY'S motion to move the committee substitute from committee with individual recommendations. Without objection, the bill was moved. With no further business to come before the committee, CHAIRMAN TAYLOR adjourned at 2:15 p.m.