Is HB172 the culprit that allowed the wrongful custody hold of the school principal to occur?
No, it is not.
Is there work to do to prevent a recurrence?
Yes, there is.
Many residents have raised concerns, some have jumped to erroneous conclusions, and some have contacted my office asking about the recent news report and the social media post regarding a Colony High administrative staff being taken into custody from her home by Alaska State Troopers on January 18th for a mental health evaluation at Mat-Su Regional Medical Center. Often a bill passed last year, HB 172, is part of the conversation.
My office has been working diligently since the event occurred to learn details and to serve somewhat as a liaison between the various agencies involved to help sort through and get the truth out: that an error was made. While this is a continuing investigation, this is what I know and would like to share with you:
- The custody hold event should not have occurred. Mistakes were made and the Dept. of Public Safety Commissioner Cockrell has humbly taken responsibility and apologized for the errors that occurred.
- The bill, HB 172, passed last year to help improve the protection of the civil and constitutional rights of individuals suffering a mental health episode, did not permit what happened on January 18, 2023 in Palmer. The event on that day could have happened had HB 172 never existed, had never been filed, or had never passed. The unfortunate occurrence could have taken place in years prior to HB 172 passing.
- Much misinformation is circulating on social media blaming HB 172 as the culprit and the reason the January 18th custody hold occurred. This is blatantly false. What did HB 172 do?
- It ensured individuals are not held in jail 5-6 days when they have not committed a crime awaiting a mental health evaluation and services. It ensured individuals are not isolated in a hospital for 5-6 days awaiting the same.
- It authorized the option of an outpatient clinic to be set up for the evaluation and coordination of services on day one. This less restrictive environment would be available to individuals who could come voluntarily. This same clinic would also be available to the tiny fraction who are in crisis of danger with a life/death safety risk exhibiting observable signs of a mental health episode and are brought on an involuntary basis. In both cases, the individuals could be accompanied by family, friends, a pastor, or other advocate, a scenario not possible in a jail and sometimes not always permitted in a hospital setting. The statute changes helped protect individual liberties and require a more humane response for individuals suffering a mental health episode. We do not yet have one of these outpatients set up in Mat-Su.
- Alaska State law does not allow for persecutory or retaliatory use against anyone who may hold opposing political or religious views/beliefs from another.
- During the HB 172 bill process, I purposefully put on the public record that a mental health custody hold could not be for a person’s political or religious beliefs. This was confirmed by legal experts, attorneys, and the Dept. of Public Safety – also on the record. Because of concerns of constituents regarding this issue, I put this on the record five times: twice in the Senate Health & Social Services Committee, twice in the Senate Judiciary Committee, and once on the Senate floor.
- When discussions like these occur in the legislature on the record, this information can be used effectively in court to clarify the intent of the law.
- Evidence has surfaced suggesting that documents used to initiate the events on January 18 may have been forged or misrepresented. The judiciary branch has made a statement that they did not issue an ex parte order in this case to permit an involuntary custody hold for a mental health evaluation.
- The Director of the Alaska State Troopers is continuing to review the incident, and the DPS Commissioner has assured the public that steps will be taken within the department to prevent a repeat occurrence.
- My office will continue to follow the details of this matter to completion. Please understand that because of the separation of powers between the legislative and judiciary branch, my office will not interfere with any legal proceedings or initiate contact with courts on this matter. I do, however, hope for a swift and satisfactory resolution for all individuals involved.
- To ensure a similar incident is not repeated, I will be looking for ways we can shore up our laws as well as will be monitoring how the Department of Public Safety shores up its procedures.
- I have asked Senate Judiciary Chair, Senator Matt Claman, if he would be willing to hold a hearing to help us figure out what we as the legislature can do to deter the possibility of a future incident.
