- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 30. Mental Health
- Section 725. Commitment Proceeding Rights; Notification.
previous: Section 720
. Release Before Expiration of 72-Hour Period.
next: Section 730
. Procedure For 30-Day Commitment; Petition For Commitment.
AS 47.30.725. Commitment Proceeding Rights; Notification.
- (a) When a respondent is detained for evaluation under AS 47.30.660
- 47.30.915, the respondent shall be immediately
notified orally and in writing of the rights under this section. Notification must be in a language understood by the
respondent. The respondent's guardian, if any, and if the respondent requests, an adult designated by the respondent,
shall also be notified of the respondent's rights under this section.
- (b) Unless a respondent is released or voluntarily admitted for treatment within 72 hours of arrival at the facility or,
if the respondent is evaluated by evaluation personnel, within 72 hours from the beginning of the respondent's meeting
with evaluation personnel, the respondent is entitled to a court hearing to be set for not later than the end of that
72-hour period to determine whether there is cause for detention after the 72 hours have expired for up to an
additional 30 days on the grounds that the respondent is mentally ill, and as a result presents a likelihood of serious
harm to the respondent or others, or is gravely disabled. The facility or evaluation personnel shall give notice to
the court of the releases and voluntary admissions under AS 47.30.700
- (c) The respondent has a right to communicate immediately, at the department's expense, with the respondent's guardian, if
any, or an adult designated by the respondent and the attorney designated in the ex parte order, or an attorney of the
- (d) The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who
testify against the respondent at the hearing.
- (e) The respondent has the right to be free of the effects of medication and other forms of treatment to the maximum
extent possible before the 30-day commitment hearing; however, the facility or evaluation personnel may treat the
respondent with medication under prescription by a licensed physician or by a less restrictive alternative of the
respondent's preference if, in the opinion of a licensed physician in the case of medication, or of a mental health
professional in the case of alternative treatment, the treatment is necessary to
- (1) prevent bodily harm to the respondent or others;
- (2) prevent such deterioration of the respondent's mental condition that subsequent treatment might not enable the
respondent to recover; or
- (3) allow the respondent to prepare for and participate in the proceedings.
- (f) A respondent, if represented by counsel, may waive, orally or in writing, the 72-hour time limit on the 30-day
commitment hearing and have the hearing set for a date no more than seven calendar days after arrival at the facility.
The respondent's counsel shall immediately notify the court of the waiver.
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