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Review of Alaska Mental Health Statutes, 2014

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Review of Alaska Mental Health Statutes, 2014 REVIEW OF ALASKA MENTAL HEALTH STATUTES Sara Gordon, J.D., Project Lead UNLV/William S. Boyd School of Law Melissa Piasecki, M.D. University of Nevada School of Medicine Gil Kahn, Student UNLV/William S. Boyd School of Law (J.D. Candidate 2016) Dawn Nielsen, Student UNLV/William S. Boyd School of Law (J.D. Candidate 2016) For additional information, contact: Sara Gordon, J.D. UNLV/William S. Boyd School of Law [email protected] [PAGE INTENTIONALLY BLANK] ACKNOWLEDGEMENTS The UNLV Research Team would like to acknowledge and thank the Alaska Mental Health Trust Authority, and in particular the leadership of the Criminal Justice Working Group–Title 12 Legal Competency Subcommittee, for the opportunity to do this project. The members of the Title 12 Legal Competency Subcommittee are: Richard K. Allen, Office of Public Advocacy Dunnington Babb, Public Defender Agency Linda R. Beecher, Public Defender Agency John A. Bernitz, Public Defender Agency John K. Bodick, Department of Law Laura M. Brooks, Department of Corrections Karen Forrest, Department of Health and Social Services Kathryn M. Monfreda, Department of Public Safety Lannette R. Nickens, Department of Law Tony Piper, Department of Health and Social Services Honorable Stephanie Rhoades Dr. Melissa E. Ring, Alaska Psychiatric Institute Elizabeth M. Russo, Office of Public Advocacy Adam L. Rutherford, Department of Corrections Quinlan G. Steiner, Public Defender Agency Katherine T. Sumey, Anchorage Mental Health Court Richard Svobodny, Department of Law Albert E. Wall, Department of Health and Social Services Steve Williams, Alaska Mental Health Trust Authority Rob Wood, Department of Health and Social Services We would also like to thank the members of the Juvenile Subcommittee, who provided valuable feedback on the proposed juvenile competency and restoration statutes. The members of the Juvenile Subcommittee are: John Bernitz, Public Defender Agency Honorable Leslie Dickson Dr. Wendy Elliott, Department of Health and Social Services Beck Lipson, Department of Law Chris Provost, Private Attorney Carina Uraiqat, Private Attorney Rob Wood, Department of Health and Social Services In addition, we wish to thank Dr. David Sperbeck, as well as the following agencies, and the individuals who represent them, for their valuable time and perspective during various stages of this project: Alaska Court System Alaska Mental Health Trust Authority Alaska Psychiatric Institute Department of Administration–Public Defender Agency and Office of Public Advocacy Department of Corrections Department of Health and Social Services Department of Public Safety Department of Law Disability Law Center of Alaska i [PAGE INTENTIONALLY BLANK] TABLE OF CONTENTS INTRODUCTION ............................................................................................................................................... 1! EXECUTIVE SUMMARY ................................................................................................................................... 3! A.! FORENSIC EXAMINERS ............................................................................................................................ 5! 1. ! Use of Forensic Examiners ................................................................................................................... 5! 2.! Use of Telebehavioral Health ............................................................................................................... 9! B.! CIVIL MENTAL HEALTH LAW ................................................................................................................ 12! 1.! Amendments to AS § 12.47.110(e) – Incompetence to Stand Trial and Civil Commitment ........... 12! 2.! Amendments to AS § 47.30.700 – AS § 47.30.715 – Procedures for Initiating Civil Commitment 14! 3.! Amendments to AS § 47.30.730 – Civil Commitment ....................................................................... 21! 4.! Amendments to AS § 47.30.780 – Early Discharge from Civil Commitment .................................. 26! 5.! Involuntary Outpatient Commitment ............................................................................................... 27! C. CRIMINAL MENTAL HEALTH LAW ............................................................................................................ 29! 1. ! Amendments to Not Guilty by Reason of Insanity Statutes ............................................................ 29! 2. ! Amendments to Guilty But Mentally Ill Statutes ............................................................................. 32! 3.! Diminished Capacity Statutes ........................................................................................................... 35! 4.! Amendments to AS § 12.47.130(5) – Intellectual and Developmental Disability Definitions ........ 36! 5.! Competency Restoration and Involuntary Medication ..................................................................... 37! D.! MISDEMEANOR STATUTES .................................................................................................................... 39! 1. ! Diversion Programs ............................................................................................................................ 39! 2. ! Competency Evaluations in Misdemeanor Cases ............................................................................. 42! 3. ! Competency Restoration in Misdemeanor Cases .............................................................................. 44! E.! JUVENILE STATUTES ............................................................................................................................ 47! 1. ! Civil Commitment of Juveniles and Placement in a Psychiatric Facility ....................................... 47! 2. ! Competency to Stand Trial in Juvenile Delinquency Proceedings .................................................. 48! 3. ! Restoration of Incompetent Juvenile Defendants ............................................................................. 52! CONCLUSION .............................................................................................................................................. 53! APPENDIX 1 Proposed Involuntary Outpatient Commitment Statute .................................................. 54! APPENDIX 2 Proposed Statute Regarding Disposition of Misdemeanor Charges ................................. 58! APPENDIX 3 Proposed Juvenile Competency and Restoration Statutes ................................................ 60! EXISTING & REVISED STATUTES! TITLE 12 .............................................................................................................................................. 67! TITLE 47 .............................................................................................................................................. 90! ii [PAGE INTENTIONALLY BLANK] INTRODUCTION SCOPE OF WORK At the request of the Criminal Justice Working Group–Title 12 Legal Competency Subcommittee (the Competency Subcommittee), this report was funded by the Alaska Mental Health Trust Authority (the Trust) and developed in partnership with the Competency Subcommittee.1 In 2011, the Competency Subcommittee recommended that the Criminal Justice Working Group “secure consultant services for review of the existing AS § 12.47 statute,” including a comparison of Alaska statutes to other state statutes, a review of the connections between AS § 12.47 and Alaska’s civil commitment statutes, and a recommendation for changes to the existing statutes. Following Request for Proposal 14- 067M, the UNLV Research Team (the UNLV Team) submitted a proposal to the Competency Subcommittee. The Trust awarded the contract to the UNLV Team to conduct a comprehensive study of AS § 12.47.010–AS § 12.47.130 (Insanity and Competency to Stand Trial) and AS § 47.30.700–AS § 47.30.915 (Involuntary Admission for Treatment). In addition, the Competency Subcommittee asked the UNLV Team to review statutes related to mental competence evaluation and restoration for juvenile and misdemeanor offenders. The report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to note that proper implementation of many of the suggested reforms will require significant allocation of resources and development of infrastructure throughout the state and within local communities. We have attempted to fully represent the views of the Competency Subcommittee members. Each member was given the opportunity to review and provide input on this report, but the members that reviewed the drafts of this document do not necessarily endorse all of the recommendations made by the authors. The authors are solely responsible for the content of this report and the report does not represent the opinions of the Competency Subcommittee members or funding agency. METHODOLOGY In August 2014, the UNLV Team traveled to Anchorage to interview Competency Subcommittee
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