2023 Alaska Statutes
Title 47. Welfare, Social Services, and Institutions
Chapter 30. Mental Health
Article 7. Involuntary Admission for Treatment.
Sec. 47.30.708. Admission to and detention at a crisis residential center.
(a) A respondent who is delivered to a crisis residential center for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional within three hours after arrival at the facility.
(b) The mental health professional who performs the emergency examination under (a) of this section may admit the respondent to the crisis residential center if the mental health professional has probable cause to believe that
(1) the respondent has a mental illness and is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled; and
(2) the respondent's acute behavioral health crisis will be resolved during admission to the crisis residential center.
(c) If a mental health professional admits a respondent to a crisis residential center and a judicial order has not been obtained under AS 47.30.707, the mental health professional may apply for an ex parte order under this section authorizing admission to the crisis residential center. Based on the application, if the court finds that probable cause exists to believe that the respondent has a mental illness and is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled and the respondent's acute behavioral health crisis will be resolved during admission to a crisis residential center, the court shall grant the application and appoint an attorney to represent the respondent. If the court finds no probable cause, the court shall order the respondent released.
(d) When, under (c) of this section, the court grants an ex parte application to admit a respondent to a crisis residential center, the court shall set a time for a hearing, to be held if needed within 72 hours after the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier, and the court shall notify the respondent, the respondent's attorney, the respondent's guardian, if any, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing. Computation of the 72-hour period at a crisis residential center before a hearing does not include Saturdays, Sundays, and legal holidays, except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of the 72-hour period would result in the respondent being held for longer than 72 hours, the 72-hour period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday. The hearing shall be held at the crisis residential center in person, by contemporaneous two-way video conference, or by teleconference, absent extraordinary circumstances. If a hearing is held by contemporaneous two-way video conference, only the court may record the hearing. In this subsection, “contemporaneous two-way video conference” means a conference among people at different places by means of transmitted audio and visual signals, using any communication technology that allows people at two or more places to interact simultaneously by way of two-way video and audio transmission.
(e) In the course of the 72-hour period, a petition for 30-day commitment or for seven-day detention at a crisis residential center may be filed in court. A petition for 30-day commitment must conform with AS 47.30.730. A petition for seven-day detention at a crisis residential center must be signed by two mental health professionals, one of whom must be a physician, who have examined the respondent. A copy of the petition shall be served on the respondent, the respondent's attorney, and the respondent's guardian, if any, before the hearing. The petition for detention must
(1) allege that the respondent is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled;
(2) allege that resolution of the respondent's acute behavioral health crisis is likely during the admission to the crisis residential center;
(3) allege that the respondent has been advised of the need for, but has not accepted, voluntary treatment and request that the court order the respondent to be detained at the crisis residential center for up to seven days following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier;
(4) list prospective witnesses; and
(5) list specific facts and describe behavior of the respondent supporting the allegations in (1) - (3) of this subsection.
(f) If, at a hearing held under (d) of this section, the court reviews a petition for 30-day commitment, the court shall hold the next hearing in accordance with AS 47.30.735. If the court grants the petition for 30-day commitment, the respondent may remain at the crisis residential center until admission to a designated treatment facility.
(g) If, at a hearing held under (d) of this section, the court reviews a petition for seven-day detention at a crisis residential center, the respondent has the rights listed in AS 47.30.735(b)(1) - (9). At the conclusion of a hearing on a petition for seven-day detention at a crisis residential center, the court
(1) may order the respondent detained at the crisis residential center for up to seven days following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier, if the court finds there is probable cause to believe that
(A) the respondent is suffering an acute behavioral health crisis and, as a result, is likely to cause serious harm to self or others or is gravely disabled; and
(B) the respondent's acute behavioral health crisis will be resolved during admission to the crisis residential center; or
(2) shall order the respondent released if the court finds no probable cause.
