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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 366                                                                                                         
01 Relating to reporting an involuntary mental health commitment to the National Instant                                   
02 Criminal Background Check System; relating to the sealing of records of mental health                                   
03 proceedings; and relating to relief from a disability resulting from an involuntary commitment                          
04 or an adjudication of mental illness or mental incompetence.                                                            
05                           _______________                                                                               
06    * Section 1. AS 44.41 is amended by adding a new section to read:                                                  
07            Sec. 44.41.045. Information and records concerning involuntary                                             
08       commitment and adjudication of mental illness or mental incompetence. (a) Upon                                  
09       receiving information under AS 47.30.907, the Department of Public Safety shall                                   
10       transmit the information to the United States Department of Justice for inclusion in the                          
11       National Instant Criminal Background Check System established under P.L. 103-159,                                 
12       107 Stat. 1536 (Brady Handgun Violence Prevention Act).                                                           
13            (b)  In transmitting information to the National Instant Criminal Background                                 
14       Check System under (a) of this section, the Department of Public Safety may not                                   
01       disclose diagnostic or treatment information regarding the person.                                                
02            (c)  The Department of Public Safety may not use or permit the use of the                                    
03       information obtained or retained under this section for a purpose not specified in this                           
04       section, except that the department may use the information to determine whether a                                
05       person is qualified to receive and hold a permit to carry a concealed handgun under                               
06       AS 18.65.705.                                                                                                     
07            (d)  Information obtained or retained under this section is confidential and is                              
08       not a public record.                                                                                              
09    * Sec. 2. AS 47.30.845 is amended to read:                                                                         
10            Sec. 47.30.845. Confidential records. Information and records obtained in the                              
11       course of a screening investigation, evaluation, examination, or treatment are                                    
12       confidential and are not public records, except as the requirements of a hearing under                            
13       AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and                                   
14       records may be copied and disclosed under regulations established by the department                               
15       only to                                                                                                           
16                 (1)  a physician or a provider of health, mental health, or social and                                  
17       welfare services involved in caring for, treating, or rehabilitating the patient;                                 
18                 (2)  the patient or an individual to whom the patient has given written                                 
19       consent to have information disclosed;                                                                            
20                 (3)  a person authorized by a court order;                                                              
21                 (4)  a person doing research or maintaining health statistics if the                                    
22       anonymity of the patient is assured and the facility recognizes the project as a bona                             
23       fide research or statistical undertaking;                                                                         
24                 (5)  the Department of Corrections in a case in which a prisoner                                        
25       confined to the state prison is a patient in the state hospital on authorized transfer                            
26       either by voluntary admission or by court order;                                                                  
27                 (6)  a governmental or law enforcement agency when necessary to                                         
28       secure the return of a patient who is on unauthorized absence from a facility where the                           
29       patient was undergoing evaluation or treatment;                                                                   
30                 (7)  a law enforcement agency when there is substantiated concern over                                  
31       imminent danger to the community by a presumed mentally ill person;                                               
01                 (8)  the department in a case in which services provided under                                          
02       AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in                               
03       which a person has applied for or has received assistance from the department for                                 
04       those services;                                                                                               
05                 (9)  the Department of Public Safety as provided in AS 47.30.907;                                   
06       information provided under this paragraph may not include diagnostic or clinical                              
07       information regarding a patient.                                                                              
08    * Sec. 3. AS 47.30.850 is amended to read:                                                                         
09            Sec. 47.30.850. Sealing [EXPUNGING OR SEALING] records. Following                                        
10       the discharge of a person [RESPONDENT] from a treatment facility or the issuance                              
11       of a court order denying a petition for commitment, the person [RESPONDENT] may                               
12       at any time move to have all court records pertaining to the proceedings sealed                               
13       [EXPUNGED] on condition that the person [RESPONDENT] file a full release of all                               
14       claims of whatever nature arising out of the proceedings and the statements and                                   
15       actions of persons and facilities in connection with the proceedings. Upon the filing of                          
16       the motion and full release, the court shall order the court records [EITHER                                    
17       EXPUNGED OR] sealed [, WHICHEVER THE COURT CONSIDERS                                                              
18       APPROPRIATE UNDER THE CIRCUMSTANCES].                                                                             
19    * Sec. 4. AS 47.30 is amended by adding a new section to read:                                                     
20            Sec. 47.30.851. Relief from legal disability. (a) A person who is prohibited                               
21       from possessing a firearm or ammunition under 18 U.S.C. 922(g)(4) as a result of an                               
22       involuntary commitment or an adjudication of mental illness or mental incompetence                                
23       that occurred in this state may, at any time, move to be relieved from the disability                             
24       resulting from an involuntary commitment or an adjudication of mental illness or                                  
25       mental incompetence.                                                                                              
26            (b)  In ruling on a motion under (a) of this section, the court                                              
27                 (1)  shall consider                                                                                     
28                      (A)  the circumstances of the involuntary commitment or                                            
29            adjudication of mental illness or mental incompetence;                                                       
30                      (B)  the time that has elapsed since the involuntary commitment                                    
31            or adjudication of mental illness or mental incompetence;                                                    
01                      (C)  the person's reputation and mental health and criminal                                        
02            history records;                                                                                             
03                      (D)  any conduct by the person that would constitute a crime                                       
04            against a person under AS 11.41 or a violation of AS 11.61.190 - 11.61.250;                                  
05            and                                                                                                          
06                      (E)  any changes in the person's condition or circumstances                                        
07            relevant to the relief sought; and                                                                           
08                 (2)  shall grant relief from the disability resulting from an involuntary                               
09       commitment or adjudication of mental illness or mental incompetence if the court                                  
10       finds, by a preponderance of the evidence, that                                                                   
11                      (A)  the person is unlikely to act in a manner dangerous to self                                   
12            or to public safety; and                                                                                     
13                      (B)  granting the relief is not contrary to the public interest.                                   
14            (c)  The court shall order a hearing conducted under (b) of this section to be                               
15       held open or closed to the public at the option of the person.                                                    
16            (d)  A decision to grant or deny relief under this section may be appealed as                                
17       provided in AS 22.05.010. In reviewing the decision of the superior court, the standard                           
18       of review may be de novo.                                                                                         
19    * Sec. 5. AS 47.30 is amended by adding a new section to read:                                                     
20            Sec. 47.30.907. Report to Department of Public Safety concerning                                           
21       involuntary commitment or relief from a disability resulting from an involuntary                                
22       commitment or an adjudication of mental illness or mental incompetence. (a)                                     
23       Notwithstanding AS 47.30.845, when a superior court orders the involuntary                                        
24       commitment of a person under AS 47.30.735 - 47.30.755 or when relief from a                                       
25       disability resulting from an involuntary commitment or an adjudication of mental                                  
26       illness or mental incompetence is granted under AS 47.30.851(b), the court shall                                  
27       immediately transmit the following information, if known, to the Department of Public                             
28       Safety:                                                                                                           
29                 (1)  the person's                                                                                       
30                      (A)  name, date of birth, and address;                                                             
31                      (B)  aliases;                                                                                      
01                      (C)  social security number;                                                                       
02                      (D)  driver's license or state identification card number;                                         
03                 (2)  the date of the order and whether the order is                                                     
04                      (A)  an involuntary commitment; or                                                                 
05                      (B)  relief from the disability resulting from an involuntary                                      
06            commitment or an adjudication of mental illness or mental incompetence;                                      
07                 (3)  the statutory authority for the involuntary commitment or the                                      
08       disability resulting from an involuntary commitment or an adjudication of mental                                  
09       illness or mental incompetence;                                                                                   
10                 (4)  whether the person was offered an opportunity to be heard and                                      
11       represented by counsel in the involuntary commitment proceeding or adjudication of                                
12       mental illness or mental incompetence; and                                                                        
13                 (5)  any other information required by the Department of Public Safety                                  
14       or by the United States Department of Justice for inclusion in the National Instant                               
15       Criminal Background Check System established under P.L. 103-159, 107 Stat. 1536                                   
16       (Brady Handgun Violence Prevention Act).                                                                          
17            (b)  This section does not apply to initial involuntary commitment procedures,                               
18       emergency detention for evaluation, or hospitalization for examination under                                      
19       AS 47.30.700 - 47.30.715 if the person is released under AS 47.30.720.                                            
20    * Sec. 6. AS 47.30.915 is amended by adding new paragraphs to read:                                                
21                 (19)  "adjudication of mental illness or mental incompetence" means a                                   
22       court order finding that a person is                                                                              
23                      (A)  not guilty by reason of insanity or guilty but mentally ill                                   
24            under AS 12.47.040;                                                                                          
25                      (B)  incompetent to stand trial for a criminal offense under                                       
26            AS 12.47.100 - 12.47.120; or                                                                                 
27                      (C)  a danger to self or others, or is gravely disabled because of                                 
28            incapacity, incompetence, mental illness, dementia, or some other cause;                                     
29                 (20)  "disability resulting from an involuntary commitment or an                                        
30       adjudication of mental illness or mental incompetence" means the prohibition against                              
31       the possession of a firearm or ammunition under 18 U.S.C. 922(g)(4) that results from                             
01       an involuntary commitment or adjudication of mental illness or mental incompetence.                               
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