A bill that would permit the state to place those in psychiatric hospitals at their whim for a maximum of two years was passed by the Senate on Monday.
The law permits prosecutors to demand an obligation of two years to protect the public when a suspect has a past history of violence and poses an immediate danger to others or their own.
The law also mandates the state law enforcement department to seek an involuntary committment if a person has had criminal charges dismissed due to incompetence.
The sponsor, Sen. Matt Claman, D-Anchorage Senator Matt Claman, a Democrat from Anchorage, said the bill was vital to safeguard the public. He cited an incident that occurred last year within the Anchorage library, where the library was a victim of a stabbing. woman was brutally stabbed by a person who was recently found incompetent to be tried. After charges were dismissed against him and he was released into the public.
“Two months ago, he assaulted two women, and was then released to the community after the court dismissed his case because the defendant was incompetent to be tried,” said Claman on the Senate floor. “The man who attacked Angela shouldn’t have been released after the court dismissed his case for criminality.”
Claman stated that his bill will stop a similar scenario by making it mandatory for to the Department of Law to seek a civil commitment from people after criminal charges have been dismissed.
At present, prosecutors may ask juries to detain people who are not fit for trial due to mental impairment for as long as 30 days. The commitment can be renewed for up to six times over a period of 180 days. The person must be cared for in a psychiatric institution.
A few civil rights groups such as such as the ACLU of Alaska, the Citizens Commission on Human Rights and the Disability Law Center of Alaska have fought against the bill, yet the max duration of commitment involuntary was reduced from five years to just two.
ACLU Director of advocacy Michael Garvey said it’s unclear whether the legislation would have prevented the library stabbing that occurred last year and is an unnecessary infringing on civil liberties.
“The bill is looking at it in terms of “how long do we have for someone to stay off the streets’, but our constitution states that we consider it in terms of the minimum amount that we require to maintain a person’s status,” said Garvey.
The law allows those who have been committed involuntarily for a period of two years to ask for early release, if they present “clear as well as convincing” evidence before an adjudicator that they do not risk hurting themselves or other people.
Garvey has also emphasized the overburdened state psychiatric care system. The state ombudsman was looked into the issue of poor patient care and hostile working conditions in 2019 and then again after 2022. In a 2019 settlement that was reached, states were also accused of keeping people in jails and hospitals awaiting assessments by the Alaska Psychiatric Institute. Garvey added that even if individuals are assessed within a period of 10 days in accordance with the law the law, there could have unintended consequences for patients who require psychiatric assistance.
“That could force people to leave API who might be using this space for restoration to get a short period of time. What happens to them? Where are they going to be sent instead? They’ll end up in an institution like a jail, hospital, or released to the community, in which they will not be able to receive any treatment,” he added.
The bill was passed by the Senate 14-6 with 3 Democrats with 3 Republicans voting against the measure. The House is currently considering the same bill. If it is passed it, both bills could be brought into an upcoming conference committee.
