- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 37. Uniform Alcoholism and Intoxication Treatment Act
- Section 190. Involuntary Commitment.
previous: Section 180
. Emergency Commitment.
next: Section 200
. Hearing On Petition For Involuntary Commitment.
AS 47.37.190. Involuntary Commitment.
- (a) A spouse or guardian, a relative, the certifying physician, physician assistant, advanced nurse practitioner, or the
administrator in charge of an approved public treatment facility may petition the court for a 30-day involuntary
commitment order. The petition must allege that the person is an alcoholic or drug abuser who (1) has threatened,
attempted to inflict, or inflicted physical harm on another and that unless committed is likely to inflict physical
harm on another; or (2) is incapacitated by alcohol or drugs. A refusal to undergo treatment does not constitute
evidence of lack of judgment as to the need for treatment. The petition must be accompanied by a certificate of a
licensed physician, physician assistant, or advanced nurse practitioner who has examined the person within two days
before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical
examination, in which case the fact of refusal must be alleged in the petition. The certificate must set out the
physician's, physician assistant's, or advanced nurse practitioner's findings of the examination in support of the
allegations of the petition.
- (b) After the petition is filed, the court shall fix a date for a hearing no later than 10 days after the date the
petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court,
shall be served on
- (1) the petitioner;
- (2) the person whose commitment is sought or the person's guardian, if any;
- (3) the attorney representing the person whose commitment is sought;
- (4) the administrator in charge of the approved public or private treatment facility in which the committed person has
been committed for emergency care; and
- (5) any other person the court considers appropriate.
- (c) A person who is the subject of a petition filed under this section does not have the right to a jury.
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