Alaska 33rd Legislature (2023-2024) Status: Passed Senate 2 D cosponsors

SB 53 — An Act relating to competency to stand trial; relating to involuntary civil commitments; and relating to victims' rights during certain civil commitment proceedings.

Last action — (H) Minutes (HJUD)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

72 added · 180 removed

Plain-language change summary

The amended SB 53 focuses on the process and criteria for involuntary civil commitments of defendants deemed incompetent to stand trial. One key change allows the court to initiate a petition for involuntary commitment if a defendant charged with a felony remains incompetent after two periods of 90 days or an additional six months. This matters because it establishes a clearer path for addressing the mental health needs of defendants while balancing public safety and legal procedure. Additionally, it streamlines the process by reducing the requirement for multiple evaluations by psychiatrists, which may make the system more efficient.

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33-LS0172\S CS FOR SENATE BILL NO.
33-LS0172\B SENATE BILL NO.
53(HSS) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE SENATE HEALTH AND SOCIAL SERVICES COMMITTEE Referred:
53 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY SENATORS CLAMAN, Gray-Jackson Introduced:
Judiciary Sponsor(s):
2/1/23 Referred:
SENATORS CLAMAN, Gray-Jackson A BILL FOR AN ACT ENTITLED "An Act relating to competency to stand trial;
Health & Social Services, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to involuntary civil commitments." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
relating to involuntary civil commitments;
relating to victims' rights during certain civil commitment proceedings;
and amending Rule 42(a), Alaska Rules of Criminal Procedure." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
AS 12.47.070(a) is amended to read:
AS 12.47.110 is amended by adding a new subsection to read:
(a) If a defendant has filed a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or there is reason to doubt the defendant's fitness to proceed, or there is reason to believe that a mental disease or defect of the defendant will otherwise become an issue in the case, the court shall appoint a qualified psychiatrist or forensic psychologist [AT LEAST TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to examine and report on [UPON] the mental condition of the defendant.
(f) If, under (b) of this section, the court finds that a defendant charged with a felony offense against a person under AS 11.41 remains incompetent at the expiration of a second 90-day period and the court does not extend the period of commitment for an additional six months, or if the court finds that the defendant remains incompetent at the expiration of the additional six-month period, the Department of Law shall file a petition seeking involuntary commitment of the defendant under AS 47.30.700 - 47.30.915.
If the court appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist SB0053B -1- CSSB 53(HSS) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\S [PSYCHIATRISTS] may select psychologists to provide assistance.
If the defendant has filed notice under AS 12.47.090(a), the report shall consider whether the defendant can still be committed under AS 12.47.090(c).
The court may order the defendant to be committed to a secure facility for the purpose of the examination for not more than 60 days or for a [SUCH] longer period as the court determines to be necessary for the purpose and may direct that a qualified psychiatrist retained by the defendant be permitted to witness and participate in the examination.
AS 12.47.100(b) is amended to read:
(b) If, before imposition of sentence, the prosecuting attorney or the attorney for the defendant has reasonable cause to believe that the defendant is presently suffering from a mental disease or defect that causes the defendant to be unable to understand the proceedings or to assist in the person's own defense, the attorney may file a written motion for a judicial determination of the competency of the defendant.
Upon that motion, or upon its own motion, the court shall have the defendant examined by at least one qualified psychiatrist or psychologist, who shall report to the court concerning the competency of the defendant.
For the purpose of the examination, the court may order the defendant committed for a reasonable period to a suitable hospital or other facility designated by the court.
If the report of the psychiatrist or psychologist indicates that the defendant is incompetent, the court shall hold a hearing, upon due notice, at which evidence as to the competency of the defendant may be submitted, including that of the reporting psychiatrist or psychologist, and make appropriate findings.
Before the hearing, the court shall, upon a written request of the prosecuting attorney, order the defendant to submit to an additional evaluation by a psychiatrist or psychologist designated by the prosecuting attorney.
* Sec.
3.
AS 12.47.100 is amended by adding new subsections to read:
(i) As provided in AS 12.30, the court may release a defendant on bail to be examined under this section at an outpatient clinic or other facility.
The court shall order participation in the examination as a condition of the defendant's bail.
(j) If the defendant is charged with a felony offense against a person under AS 11.41 or arson in any degree, a qualified psychiatrist or psychologist conducting an CSSB 53(HSS) -2- SB0053B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\S examination under (b) of this section may, at the same time, evaluate the defendant to determine whether the defendant meets the standards for involuntary commitment under AS 47.30.700 - 47.30.915.
* Sec.
4.
AS 12.47.110(b) is amended to read:
(b) On or before the expiration of the initial 90-day period of commitment, the court shall conduct a hearing to determine whether or not the defendant remains incompetent.
If the court finds by a preponderance of the evidence that the defendant remains incompetent, the court may recommit the defendant for a second period of 90 days.
The court shall determine at the expiration of the second 90-day period whether the defendant has become competent.
If, at the expiration of the second 90-day period, the court determines that the defendant continues to be incompetent to stand trial, the charges against the defendant shall be dismissed without prejudice, and continued commitment of the defendant shall be governed by the provisions relating to civil commitments under AS 47.30.700 - 47.30.915 unless the defendant is charged with a crime involving force against a person and the court finds that the defendant presents a substantial danger of physical injury to other persons and that there is a substantial probability that the defendant will regain competency within a reasonable period of time, in which case the court may extend the period of commitment for an additional 18 [SIX] months.
If the defendant remains incompetent at the expiration of the additional 18-month [SIX-MONTH] period, the charges shall be dismissed without prejudice, and continued commitment proceedings shall be governed by the provisions relating to civil commitment under AS 47.30.700 - 47.30.915.
If the defendant remains incompetent for five years after the charges have been dismissed under this subsection, the defendant may not be charged again for an offense arising out of the facts alleged in the original charges, except if the original charge is a class A felony or unclassified felony.
* Sec.
5.
AS 12.47.110 is amended by adding new subsections to read:
(f) As provided in AS 12.30, the court may release a defendant for further evaluation and treatment at an outpatient clinic or other facility under (a) or (b) of this section.
The court shall order participation in the evaluation and treatment as a condition of the defendant's bail.
SB0053B -3- CSSB 53(HSS) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\S (g) If, under (b) of this section, the court finds that a defendant charged with a felony offense against a person under AS 11.41 or arson in any degree remains incompetent at the expiration of a second 90-day period and the court does not extend the period of commitment for an additional 18 months, or if the court finds that the defendant remains incompetent at the expiration of the additional 18-month period, the prosecutor shall provide the court's findings to the division of the Department of Law that has responsibility for civil cases within 24 hours of the court's ruling.
The Department of Law shall file a petition seeking involuntary commitment of the defendant under AS 47.30.700 - 47.30.915 within 72 hours after dismissal of the charges.
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(h) If the court dismisses the charges against a defendant for a felony offense against a person under AS 11.41 or arson in any degree, the defendant may not be discharged from the custody of the commissioner of family and community services until 72 hours after the court dismisses the charges.
* Sec.
6.
AS 47.30.725 is amended by adding new subsections to read:
(g) If a criminal charge of a felony offense against a person under AS 11.41 or arson in any degree against a respondent has been dismissed under AS 12.47.110 and the respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, the commissioner shall notify a victim in the dismissed criminal case (1) of the time and place of a hearing under AS 47.30.700 - 47.30.915;
(2) of the length of time for which the respondent is committed and findings of fact made by the court;
and (3) when the respondent is discharged from commitment.
(h) Subsection (g) of this section may not be construed to give a victim in a dismissed criminal case access to a record or information that is confidential under AS 47.30.845.
* Sec.
7.
(a) The respondent shall be released from involuntary treatment at the expiration of 180 days unless the professional person in charge or the attorney general's office files a petition for a five- year commitment conforming to the requirements of AS 47.30.740(a) except that all CSSB 53(HSS) -4- SB0053B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\S references to "30-day commitment" shall be read as "the previous 180-day commitment" and all references to "90-day commitment" shall be read as "five-year commitment." (b) The procedures for service of the petition, notification of rights, and judicial hearing shall be as set out in AS 47.30.740 - 47.30.750.
(a) The respondent shall be released from involuntary treatment at the expiration of 180 days unless the professional person in charge or the attorney general's office files a petition for a five- year commitment conforming to the requirements of AS 47.30.740(a) except that all SB0053A -1- SB 53 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\B references to "30-day commitment" shall be read as "the previous 180-day commitment" and all references to "90-day commitment" shall be read as "five-year commitment." (b) The procedures for service of the petition, notification of rights, and judicial hearing shall be as set out in AS 47.30.740 - 47.30.750.
(2) the respondent has a history of (A) felony offenses against a person under AS 11.41 or arson in any degree, including offenses for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110;
(2) the respondent has a history of repeated (A) felony offenses against a person under AS 11.41, including offenses for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110;
(3) the respondent has been found incompetent to stand trial under AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or arson in any degree;
(3) the respondent has been found incompetent to stand trial under AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41;
SB0053B -5- CSSB 53(HSS) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\S * Sec.
* Sec.
8.
3.
(a) Except as provided in (b) and (c) of this section, the professional person in charge shall at any time discharge a respondent on the ground that the respondent is no longer gravely disabled or likely to cause serious harm as a result of mental illness.
SB 53 -2- SB0053A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\B (a) Except as provided in (b) and (c) of this section, the professional person in charge shall at any time discharge a respondent on the ground that the respondent is no longer gravely disabled or likely to cause serious harm as a result of mental illness.
9.
4.
(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a history of felony offenses against a person under AS 11.41 or arson in any degree, including offenses for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110, the professional person in charge may not discharge the respondent under (a) of this section unless the court enters an order officially terminating the involuntary commitment after a hearing.
(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a history of repeated felony offenses against a person under AS 11.41, including offenses for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110, or is committed as a result of being found incompetent to stand trial under AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41, the professional person in charge may not discharge the respondent under (a) of this section unless the court enters an order officially terminating the involuntary commitment after a hearing.
(e) A respondent may not file a petition for early discharge within one year after the date the court enters an initial commitment order or a final order ruling on a previous petition for early discharge.
(e) A respondent may not file a new petition for early discharge within one year after the date the court enters a final order ruling on a petition for early discharge.
10.
5.
(a) Except as provided in (b) of this section, (1) computations of a 72-hour evaluation period under AS 47.30.708 or 47.30.715 or a 48-hour detention period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the CSSB 53(HSS) -6- SB0053B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\S respondent to the treatment facility, except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of a 72-hour evaluation period or 48-hour detention period would result in the respondent being held for longer than 72 hours or 48 hours, as applicable, the period ends at 5:00 p.m.
(a) Except as provided in (b) of this section, (1) computations of a 72-hour evaluation period under AS 47.30.708 or 47.30.715 or a 48-hour detention period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the SB0053A -3- SB 53 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0172\B respondent to the treatment facility, except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of a 72-hour evaluation period or 48-hour detention period would result in the respondent being held for longer than 72 hours or 48 hours, as applicable, the period ends at 5:00 p.m.
* Sec.
SB 53 -4- SB0053A New Text Underlined [DELETED TEXT BRACKETED]
11.
The uncodified law of the State of Alaska is amended by adding a new section to read:
INDIRECT COURT RULE AMENDMENTS.
AS 12.47.100(b), as amended by sec.
2 of this Act, has the effect of changing Rule 42(a), Alaska Rules of Criminal Procedure, by requiring a motion for a judicial determination of competence to be filed in writing.
* Sec.
12.
The uncodified law of the State of Alaska is amended by adding a new section to read:
CONDITIONAL EFFECT.
AS 12.47.100(b), as amended by sec.
2 of this Act, takes effect only if sec.
11 of this Act receives the two-thirds majority vote of each house required by art.
IV, sec.
15, Constitution of the State of Alaska.
SB0053B -7- CSSB 53(HSS) New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) Minutes (HJUD)

  2. (H) Heard & Held -- Delayed to 2:30pm --

  3. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  4. (H) MOTION TO DISCHARGE FROM JUD, RULE 48, WITHDRAWN

  5. (H) Minutes (HJUD)

  6. (H) Heard & Held -- Delayed to 15 Minutes Following Session --

  7. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  8. (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23(A)

  9. (H) REFERRED TO JUDICIARY

  10. (H) JUD, FIN

  11. (H) READ THE FIRST TIME - REFERRALS

  12. (S) VERSION: CSSB 53(FIN) AM

  13. (S) TRANSMITTED TO (H)

  14. (S) PASSED Y14 N6

  15. (S) READ THE THIRD TIME CSSB 53(FIN) AM

  16. (S) ADVANCED TO 3RD READING PASSED Y15 N5

  17. (S) AM NO 2 ADOPTED Y13 N7

  18. (S) AM NO 1 NOT OFFERED

  19. (S) FIN CS ADOPTED UC

  20. (S) READ THE SECOND TIME

  21. (S) RULES TO CALENDAR 5/8/23

  22. (S) FN9: ZERO(AJS)

  23. (S) FN8: (LAW)

  24. (S) FN7: ZERO(DFC)

  25. (S) FN5: (ADM)

  26. (S) FN3: (ADM)

  27. (S) AM: WILSON, MERRICK

  28. (S) NR: KIEHL

  29. (S) DP: HOFFMAN, OLSON, BISHOP

  30. (S) FIN RPT CS 3DP 1NR 2AM NEW TITLE

  31. (S) Minutes (SFIN)

  32. (S) Moved CSSB 53(FIN) Out of Committee

  33. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  34. (S) Minutes (SFIN)

  35. (S) Scheduled but Not Heard -- Please Note Time Change --

  36. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  37. (S) Minutes (SFIN)

  38. (S) Heard & Held

  39. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  40. (S) COSPONSOR(S): GRAY-JACKSON

  41. (H) Minutes (HHSS)

  42. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  43. (H) Minutes (HHSS)

  44. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  45. (S) Minutes (SFIN)

  46. (S) Heard & Held -- Please Note Time Change --

  47. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  48. (S) FIN REFERRAL ADDED AFTER JUD

  49. (S) FN6: (FCS)

  50. (S) FN5: (ADM)

  51. (S) FN4: (LAW)

  52. (S) FN3: (ADM)

  53. (S) AM: TOBIN, KIEHL

  54. (S) NR: GIESSEL

  55. (S) DP: CLAMAN, KAUFMAN

  56. (S) JUD RPT CS 2DP 1NR 2AM NEW TITLE

  57. (S) Minutes (SJUD)

  58. (S) Moved CSSB 53(JUD) Out of Committee

  59. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  60. (S) Minutes (SJUD)

  61. (S) Heard & Held

  62. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  63. (S) Minutes (SJUD)

  64. (S) <Bill Hearing Canceled>

  65. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  66. (S) Minutes (SJUD)

  67. (S) <Bill Hearing Canceled>

  68. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  69. (S) Minutes (SJUD)

  70. (S) <Bill Hearing Canceled>

  71. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  72. (H) Minutes (HHSS)

  73. (H) -- Testimony <Invitation Only> --

  74. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  75. (S) Minutes (SJUD)

  76. (S) Heard & Held

  77. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  78. (S) FN4: (LAW)

  79. (S) FN3: (ADM)

  80. (S) FN2: ZERO(DFC)

  81. (S) FN1: (ADM)

  82. (S) NR: DUNBAR, GIESSEL, KAUFMAN

  83. (S) AM: WILSON, TOBIN

  84. (S) HSS RPT CS 3NR 2AM NEW TITLE

  85. (S) Minutes (SHSS)

  86. (S) Moved CSSB 53(HSS) Out of Committee

  87. (S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205

  88. (S) Minutes (SHSS)

  89. (S) Heard & Held

  90. (S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205

  91. (S) Minutes (SHSS)

  92. (S) Heard & Held

  93. (S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205

  94. (S) HSS, JUD

  95. (S) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 63 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (63)

63 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 53?
SB 53 is sponsored by Elvi Gray-Jackson (D) and Matt Claman (D).
What is the current status of SB 53?
This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 53?
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