- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 37. Uniform Alcoholism and Intoxication Treatment Act
- Section 200. Hearing On Petition For Involuntary Commitment.
previous: Section 190
. Involuntary Commitment.
next: Section 205
. Procedure For Recommitment Following 30-Day Commitment.
AS 47.37.200. Hearing On Petition For Involuntary Commitment.
- (a) At the hearing for a 30-day commitment required under AS 47.37.190(b), the court shall hear all relevant
testimony, including, if possible, the testimony of at least one person who has examined the person whose commitment is
sought under AS 47.37.180
(b) or 47.37.190(a). The person whose commitment is
sought shall be present unless the court believes that being present is likely to be injurious to the person, in which
case the court may conduct the hearing telephonically. The court may examine the person in open court, or, if
advisable, examine the person out of court. If the person has refused to be examined under AS 47.37.180
(b) or 47.37.190(a), the person shall be given an
opportunity to request examination by a court-appointed licensed physician, physician assistant, or advanced nurse
practitioner. If the person fails to request a medical examination and there is sufficient evidence to believe that the
allegations of the petition are true, or, if the court believes that more medical evidence is necessary, the court may
issue a temporary order committing the person to a private or public facility for a period of not more than five days
for purposes of a diagnostic examination.
- (b) If after hearing all relevant evidence, including the results of any diagnostic examination by the private or public
facility, the court finds that grounds for involuntary commitment have been clearly established, the court shall issue
an order of 30-day commitment to the private or public facility.
- (c) A person committed for a 30-day period shall remain in the custody of a private or public facility for treatment for a
period of not more than 30 days. At the end of the 30-day period, the person shall be automatically discharged unless
the director of the approved public facility or approved private facility, before the expiration of the period, files a
petition for recommitment under AS 47.37.205
- (d) A private or public facility must be capable of providing adequate and appropriate treatment for a person in its
custody. A public facility may transfer a person in its custody from one approved public treatment facility to another
if the transfer is medically advisable.
- (e) A person committed to the custody of an approved public facility or an approved private facility shall be discharged
at any time before the end of the period for which the person has been committed if either of the following conditions
- (1) further treatment is not likely to bring about significant improvement in the person's condition; or
- (2) treatment is no longer adequate or appropriate.
- (f) The court shall inform the person whose commitment or recommitment is sought of the right to contest the petition, to
be represented by counsel at every stage of the proceedings relating to commitment and recommitment, to have counsel
appointed by the court or provided by the court, if the person is unable to obtain counsel, and of the right to a jury
trial if recommitment is sought under AS 47.37.205
. The person whose commitment or recommitment is sought shall be informed of the right to be examined by a licensed
physician of the person's choice. If the person is unable to obtain a licensed physician and requests examination by a
physician, the court shall appoint a licensed physician for the examination.
- (g) If a private treatment facility agrees with the request of a competent patient or the patient's parent, adult sibling,
adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall
transfer the patient to the private treatment facility.
- (h) A person committed under this chapter may at any time seek discharge from commitment by writ of habeas corpus under AS
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