- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 30. Mental Health
- Section 735. 30-Day Commitment.
previous: Section 730
. Procedure For 30-Day Commitment; Petition For Commitment.
next: Section 740
. Procedure For 90-Day Commitment Following 30-Day Commitment.
AS 47.30.735. 30-Day Commitment.
- (a) Upon receipt of a proper petition for commitment, the court shall hold a hearing at the date and time previously
specified according to procedures set out in AS 47.30.715
- (b) The hearing shall be conducted in a physical setting least likely to have a harmful effect on the mental or physical
health of the respondent, within practical limits. At the hearing, in addition to other rights specified in AS 47.30.660
- 47.30.915, the respondent has the right
- (1) to be present at the hearing; this right may be waived only with the respondent's informed consent; if the respondent
is incapable of giving informed consent, the respondent may be excluded from the hearing only if the court, after
hearing, finds that the incapacity exists and that there is a substantial likelihood that the respondent's presence at
the hearing would be severely injurious to the respondent's mental or physical health;
- (2) to view and copy all petitions and reports in the court file of the respondent's case;
- (3) to have the hearing open or closed to the public as the respondent elects;
- (4) to have the rules of evidence and civil procedure applied so as to provide for the informal but efficient presentation
- (5) to have an interpreter if the respondent does not understand English;
- (6) to present evidence on the respondent's behalf;
- (7) to cross-examine witnesses who testify against the respondent;
- (8) to remain silent;
- (9) to call experts and other witnesses to testify on the respondent's behalf.
- (c) At the conclusion of the hearing the court may commit the respondent to a treatment facility for not more than 30 days
if it finds, by clear and convincing evidence, that the respondent is mentally ill and as a result is likely to cause
harm to the respondent or others or is gravely disabled.
- (d) If the court finds that there is a viable less restrictive alternative available and that the respondent has been
advised of and refused voluntary treatment through the alternative, the court may order the less restrictive
alternative treatment for not more than 30 days if the program accepts the respondent.
- (e) The court shall specifically state to the respondent, and give the respondent written notice, that if commitment or
other involuntary treatment beyond the 30 days is to be sought, the respondent has the right to a full hearing or jury
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.