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2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 4. Community Mental Health Services Act. › Sec. 47.30.560. Contracts and expenditures.

The contracts for services provided for in AS 47.30.520 - 47.30.620 shall be reviewed, revised if necessary, and approved at the expiration of each contract year. A contract shall be approved if the department finds that the community entity has complied with its plan, AS 47.30.520 - 47.30.620, and any applicable regulations adopted by the department. Expenditures for the purchase of services shall be made in accordance with the approved contract, budgets, and program projections.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 4. Community Mental Health Services Act. › Sec. 47.30.570. Regulations; eligible services and costs.

The department shall adopt regulations specifying the types of services and program costs eligible for state participation. These regulations must include
(1) a provision excluding capital expenditures as eligible costs; and
(2) a requirement that the community entity contractor or applicant agrees as a condition of contract approval that it will not supplant existing local fund support of community mental health services with funds received under AS 47.30.520 - 47.30.620 and that it will continue local funding support of community mental health services, in any year in which it contracts with the department, at a level that is at least equal to the local funding support in the previous year.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 4. Community Mental Health Services Act. › Sec. 47.30.580. Comprehensive services.

Plans and regulations adopted under AS 47.30.520 - 47.30.620 must allow local programs sufficient administrative and program flexibility so that local community mental health programs may be joined with other programs such as intellectual and developmental disability programs, drug abuse programs, alcoholism programs, and comprehensive mental health services programs.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 4. Community Mental Health Services Act. › Sec. 47.30.585. Telehealth.

(a) An entity designated by the department under AS 47.30.520 - 47.30.620 may provide community mental health services authorized under AS 47.30.520 - 47.30.620 through telehealth to a patient in this state.
(b) If an individual employed by an entity designated by the department under AS 47.30.520 - 47.30.620, in the course of a telehealth encounter with a patient, determines that some or all of the encounter will extend beyond the community mental health services authorized under AS 47.30.520 - 47.30.620, the individual shall advise the patient that the entity is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the entity is not authorized to provide, and limit the encounter to only those services the entity is authorized to provide. The entity may not charge a patient for any portion of an encounter that extends beyond the community mental health services authorized under AS 47.30.520 - 47.30.620.
(c) A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service.
(d) An entity permitted to provide telehealth under this section may not be required to document a barrier to an in-person visit to provide health care services through telehealth. The department may not limit the physical setting from which an entity may provide health care services through telehealth.
(e) Nothing in this section requires the use of telehealth when an individual employed by an entity designated by the department under AS 47.30.520 - 47.30.620 determines that providing services through telehealth is not appropriate or when a patient chooses not to receive services through telehealth.
(f) In this section, “telehealth” has the meaning given in AS 47.05.270(e).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 4. Community Mental Health Services Act. › Sec. 47.30.590. Patient rights and the confidential nature of records and information.

(a) The department shall adopt regulations to assure patient rights and to safeguard the confidential nature of records and information about the recipients of services provided under this chapter. The regulations must require that entities identified in AS 47.30.540(b) develop and include in any plan submitted for approval adequate provisions for safeguarding confidential information. The regulations must provide for disclosure of confidential information to parents or guardians, to mental health professionals providing services to a recipient, and to other appropriate service agencies when it is in the defined best interests of the patient.
(b) Notwithstanding (a) of this section, the department is authorized to review, obtain, and copy confidential and other records and information about the clients of services requested or furnished under AS 47.30.520 - 47.30.620 to evaluate compliance with those statutes. The department may obtain the records and information regarding clients from the client or directly from an entity designated by the department under AS 47.30.520 - 47.30.620 that furnished those services. Records obtained by the department under this subsection are medical records, shall be handled confidentially, and are exempt from public inspection and copying under AS 40.25.110 - 40.25.120.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 4. Community Mental Health Services Act. › Sec. 47.30.610. Definitions.

In AS 47.30.520 - 47.30.610,
(1) “authority” means the Alaska Mental Health Trust Authority established in AS 44.25.200;
(2) “department” means the Department of Health;
(3) “persons with mental disorders” means persons with disorders currently included within nationally accepted diagnostic systems of the mental health professions;
(4) “trust” has the meaning given in AS 44.25.295.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 5. State Mental Health Policy. › Sec. 47.30.655. Purpose and principles of major revision.

The purpose of the 1981 major revision of Alaska civil commitment statutes (AS 47.30.660 and 47.30.670 - 47.30.915) is to more adequately protect the legal rights of persons suffering from mental illness. The legislature has attempted to balance the individual's constitutional right to physical liberty and the state's interest in protecting society from persons who are dangerous to others and protecting persons who are dangerous to themselves by providing due process safeguards at all stages of commitment proceedings. In addition, the following principles of modern mental health care have guided this revision:
(1) that persons be given every reasonable opportunity to accept voluntary treatment before involvement with the judicial system;
(2) that persons be treated in the least restrictive alternative environment consistent with their treatment needs;
(3) that treatment occur as promptly as possible and as close to the individual's home as possible;
(4) that a system of mental health community facilities and supports be available;
(5) that patients be informed of their rights and be informed of and allowed to participate in their treatment program as much as possible;
(6) that persons who are mentally ill but not dangerous to others be committed only if there is a reasonable expectation of improving their mental condition.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 6. Voluntary Admission for Treatment. › Sec. 47.30.675. Required notices.

(a) Upon the application of a person for voluntary admission, or at the time a person admitted under AS 47.30.690 reaches the age of 18, the person shall be given a copy of the following documents which shall be explained as necessary:
(1) notice of rights as set out in AS 47.30.825 - 47.30.865 and an explanation of any document served upon the person; and
(2) notice that should the person desire to leave at a time when the treatment facility determines that the person is mentally ill and as a result is likely to cause serious harm to self or others or is gravely disabled, the facility could initiate commitment proceedings against the person.
(b) If an applicant for voluntary admission does not understand English, the explanation shall be given in a language the applicant understands.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 6. Voluntary Admission for Treatment. › Sec. 47.30.685. Request to leave; evaluation; 48-hour hold for commitment.

A voluntary patient who is 18 years of age or older and who desires to leave a treatment facility shall submit to the facility a request to leave on a form provided by the facility. When the investigation is completed, the patient shall be evaluated immediately in writing and discharged immediately or given written notice that involuntary commitment proceedings will be initiated against the patient. The treatment facility may detain the patient for no more than 48 hours after receipt of the patient's request to leave in order to initiate involuntary commitment proceedings.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 6. Voluntary Admission for Treatment. › Sec. 47.30.690. Admission of minors under 18 years of age.

(a) A minor under the age of 18 may be admitted for 30 days of evaluation, diagnosis, and treatment at a designated treatment facility if the minor's parent or guardian signs the admission papers and if, in the opinion of the professional person in charge,
(1) the minor is gravely disabled or is suffering from mental illness and as a result is likely to cause serious harm to the minor or others;
(2) there is no less restrictive alternative available for the minor's treatment; and
(3) there is reason to believe that the minor's mental condition could be improved by the course of treatment or would deteriorate further if untreated.
(b) A guardian ad litem for a minor admitted under this section shall be appointed under AS 25.24.310 to monitor the best interests of the minor as soon as possible after the minor's admission. If the guardian ad litem finds that placement is not appropriate, the guardian ad litem may request that an attorney be appointed under AS 25.24.310 to represent the minor. The attorney may request a hearing on behalf of the minor during the 30-day admittance.
(c) The minor may be released by the treatment facility at any time if the professional person in charge or the minor's designated mental health professional determines the minor would no longer benefit from continued treatment and the minor is not dangerous. The minor's parents or guardian must be notified by the facility of the contemplated release.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 6. Voluntary Admission for Treatment. › Sec. 47.30.693. Notice to parent or guardian.

When a minor under 18 years of age is detained at or admitted or committed to a treatment facility, the facility shall inform the parent or guardian of the location of the minor as soon as possible after the arrival of the minor at the facility. When an adult for whom a guardian has been appointed is detained at or admitted or committed to a treatment facility and the facility is aware of the appointment, the facility shall inform the guardian of the location of the adult as soon as possible after the arrival of the adult at the facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 6. Voluntary Admission for Treatment. › Sec. 47.30.695. Request by parent or guardian for release of minors under 18 years of age from detention and commitment.

The parent or guardian of a minor who is less than 18 years of age may file a notice to withdraw the minor from the facility. On receipt of the notice,
(1) the facility may discharge the minor to the custody of the parent or guardian; or
(2) if, in the opinion of the treating physician, release of the minor would be seriously detrimental to the minor's health, the treating physician may
(A) discharge the minor to the custody of the parent or guardian after advising the parent or guardian that this action is against medical advice and after receiving a written acknowledgment of the advice; or
(B) refuse to discharge the minor, initiate involuntary commitment proceedings, and continue to hold the minor until a court order under AS 47.30.700 has been issued; or
(3) if, in the opinion of the treating physician, the minor is likely to cause serious harm to self or others and there is reason to believe the release could place the minor in imminent danger, the treating physician shall refuse to discharge the minor, and shall initiate involuntary commitment proceedings and continue to hold the minor until a court order under AS 47.30.700 has been issued.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.700. Initial involuntary commitment procedures.

(a) Upon petition of any adult, a judge shall immediately conduct a screening investigation or direct a local mental health professional employed by the department or by a local mental health program that receives money from the department under AS 47.30.520 - 47.30.620 or another mental health professional designated by the judge, to conduct a screening investigation of the person alleged to be mentally ill and, as a result of that condition, alleged to be gravely disabled or to present a likelihood of serious harm to self or others. Within 48 hours after the completion of the screening investigation, a judge may issue an ex parte order orally or in writing, stating that there is probable cause to believe the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others. The court shall provide findings on which the conclusion is based, appoint an attorney to represent the respondent, and may direct that a peace officer take the respondent into custody and deliver the respondent to the nearest appropriate facility for emergency examination or treatment. The ex parte order shall be provided to the respondent and made a part of the respondent's clinical record. The court shall confirm an oral order in writing within 24 hours after it is issued.
(b) The petition required in (a) of this section must allege that the respondent is reasonably believed to present a likelihood of serious harm to self or others or is gravely disabled as a result of mental illness and must specify the factual information on which that belief is based including the names and addresses of all persons known to the petitioner who have knowledge of those facts through personal observation.
(c) When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits a minor respondent under this section, the center or facility shall inform the parent or guardian of the location of the minor as soon as possible after the arrival of the minor at the center or facility. When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits an adult for whom a guardian has been appointed and the center or facility is aware of the appointment, the center or facility shall inform the guardian of the location of the adult as soon as possible after the arrival of the adult at the center or facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.705. Emergency detention for evaluation.

(a) A peace officer, health officer, mental health professional, or physician assistant licensed by the State Medical Board to practice in this state who has probable cause to believe that a person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.30.700, may cause the person to be taken into custody by a peace officer or health officer and delivered to the nearest crisis stabilization center, crisis residential center, evaluation facility, or treatment facility. A person taken into custody for emergency evaluation may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility. However, protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer, health officer, mental health professional, or physician assistant shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the crisis stabilization center, crisis residential center, evaluation facility, or treatment facility.
(b) When delivering a person to a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility under (a) of this section, a peace officer or health officer shall give priority to a crisis stabilization center or crisis residential center if one exists in the service area served by the peace officer or health officer.
(c) When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits a minor under this section, the center or facility shall inform the parent or guardian that the minor has been admitted as soon as possible after the arrival of the minor at the facility. When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits an adult for whom a guardian has been appointed and the center or facility is aware of the appointment, the center or facility shall inform the guardian that the adult has been admitted as soon as possible.
(d) In this section, “minor” means an individual who is under 18 years of age.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.707. Admission to and hold at a crisis stabilization center.

(a) Except as provided in (b) of this section, when a crisis stabilization center admits a respondent under AS 47.30.705, the crisis stabilization center may hold the respondent at the center for a period not to exceed 23 hours and 59 minutes. A mental health professional shall examine the respondent within three hours after the respondent arrives at the center.
(b) If the professional person in charge at the crisis stabilization center determines that there is probable cause 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, the respondent's acute behavioral health crisis will be resolved during admission to a crisis residential center or evaluation facility, and the respondent is not willing to voluntarily go to the crisis residential center or evaluation facility, a mental health professional may submit an ex parte application to the court under this section for detention at the crisis residential center or evaluation facility. 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 or evaluation facility, and the respondent is not willing to voluntarily go to a crisis residential center or evaluation facility, the court shall grant the application and appoint an attorney to represent the respondent, and the respondent may remain at the crisis stabilization center until admission to a crisis residential center or evaluation facility. If the court finds no probable cause, the court shall order the respondent released.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.709. Rights of respondents at crisis stabilization centers and crisis residential centers; psychotropic medication; time.

(a) If, at any time during a respondent's hold at a crisis stabilization center or detention at a crisis residential center, the professional person in charge determines that the respondent does not meet the standard for a hold or detention, the respondent may no longer be held or detained. The professional person in charge shall notify the petitioner and the court, if applicable.
(b) When a respondent is held at a crisis stabilization center or detained at a crisis residential center, the respondent has the rights identified in AS 47.30.725 and,
(1) if an adult, the rights identified under AS 47.30.817 - 47.30.865; and
(2) if a minor, the rights identified in AS 47.30.700 - 47.30.865.
(c) A respondent subject to an involuntary stabilization hold or detention at a crisis stabilization center or crisis residential center may, at any time, convert to voluntary status if the professional person in charge agrees that
(1) the respondent is an appropriate patient for voluntary status; and
(2) the conversion is made in good faith.
(d) A crisis stabilization center or crisis residential center may administer psychotropic medication to an involuntarily held or detained respondent only in a manner that is consistent with AS 47.30.838.
(e) Computation of a 23-hour and 59-minute holding time at a crisis stabilization center includes Saturdays, Sundays, and legal holidays, but does not include any period of time necessary to transport a respondent to a crisis stabilization center. Computation of a seven-day detention at a crisis residential center includes Saturdays, Sundays, and legal holidays, but does not include any period of time necessary to transport a respondent to a crisis residential center.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.710. Examination; hospitalization.

(a) A respondent who is delivered under AS 47.30.700 - 47.30.705 to an evaluation facility for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility.
(b) If the mental health professional who performs the emergency examination under (a) of this section has reason to believe that the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others, and the respondent is in need of care or treatment, the mental health professional may
(1) admit the respondent to a crisis residential center;
(2) hospitalize the respondent; or
(3) arrange for hospitalization, on an emergency basis.
(c) If a mental health professional hospitalizes a respondent or arranges for the hospitalization of a respondent under (b) of this section and a judicial order has not been obtained under AS 47.30.700, the mental health professional shall apply for an ex parte order authorizing the hospitalization for evaluation.
(d) If a mental health professional readmits a respondent to an evaluation facility after a discharge from a subacute mental health facility, the respondent is not willing to remain at the evaluation facility on a voluntary basis, and a judicial order has not been obtained under AS 47.30.700, the mental health professional shall apply for an ex parte order authorizing hospitalization for evaluation. Unless otherwise ordered by the court upon receiving the application for an ex parte order, the respondent shall remain at the evaluation facility until the court issues a decision on the application for an ex parte order.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.715. Procedure after order.

When an evaluation facility receives a proper order for evaluation, it shall accept the order and the respondent for an evaluation period not to exceed 72 hours. The evaluation facility shall promptly notify the court of the date and time of the respondent's arrival. The court shall set a date, time, and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent's arrival, and the court shall notify the evaluation facility, the respondent, the respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing. Evaluation personnel, when used, shall similarly notify the court of the date and time when they first met with the respondent.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.720. Release before expiration of 72-hour period.

If at any time in the course of the 72-hour period the mental health professionals conducting the evaluation determine that the respondent does not meet the standards for commitment specified in AS 47.30.700, the respondent shall be discharged from the facility or the place of evaluation by evaluation personnel and the petitioner and the court so notified.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.725. 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 - 47.30.815.
(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 respondent's choice.
(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.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.730. Petition for 30-day commitment.

(a) In the course of the 72-hour evaluation period, a petition for commitment to a treatment facility may be filed in court. The petition must be signed by two mental health professionals who have examined the respondent, one of whom is a physician. The petition must
(1) allege that the respondent is mentally ill and as a result is likely to cause harm to self or others or is gravely disabled;
(2) allege that the evaluation staff has considered but has not found that there are any less restrictive alternatives available that would adequately protect the respondent or others; or, if a less restrictive involuntary form of treatment is sought, specify the treatment and the basis for supporting it;
(3) allege with respect to a gravely disabled respondent that there is reason to believe that the respondent's mental condition could be improved by the course of treatment sought;
(4) allege that a specified treatment facility or less restrictive alternative that is appropriate to the respondent's condition has agreed to accept the respondent;
(5) allege that the respondent has been advised of the need for, but has not accepted, voluntary treatment, and request that the court commit the respondent to the specified treatment facility or less restrictive alternative for a period not to exceed 30 days;
(6) list the prospective witnesses who will testify in support of commitment or involuntary treatment; and
(7) list the facts and specific behavior of the respondent supporting the allegation in (1) of this subsection.
(b) A copy of the petition shall be served on the respondent, the respondent's attorney, and the respondent's guardian, if any, before the 30-day commitment hearing.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.735. 30-day commitment; hearing.

(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 of evidence;
(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 trial.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.740. Procedure for 90-day commitment following 30-day commitment.

(a) At any time during the respondent's 30-day commitment, the professional person in charge, or that person's professional designee, may file with the court a petition for a 90-day commitment of that respondent. The petition must include all material required under AS 47.30.730(a) except that references to “30 days” shall be read as “90 days”; and
(1) allege that the respondent has attempted to inflict or has inflicted serious bodily harm upon the respondent or another since the respondent's acceptance for evaluation, or that the respondent was committed initially as a result of conduct in which the respondent attempted or inflicted serious bodily harm upon the respondent or another, or that the respondent continues to be gravely disabled, or that the respondent demonstrates a current intent to carry out plans of serious harm to the respondent or another;
(2) allege that the respondent has received appropriate and adequate care and treatment during the respondent's 30-day commitment;
(3) be verified by the professional person in charge, or that person's professional designee, during the 30-day commitment.
(b) The court shall have copies of the petition for 90-day commitment served upon the respondent, the respondent's attorney, and the respondent's guardian, if any. The petition for 90-day commitment and proofs of service shall be filed with the clerk of the court, and a date for hearing shall be set, by the end of the next judicial day, for not later than five judicial days from the date of filing of the petition. The clerk shall notify the respondent, the respondent's attorney, and the petitioner of the hearing date at least three judicial days in advance of the hearing.
(c) Findings of fact relating to the respondent's behavior made at a 30-day commitment hearing under AS 47.30.735 shall be admitted as evidence and may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the findings.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.750. Conduct of hearing.

The hearing under AS 47.30.745 shall be conducted in the same manner, and with the same rights for the respondent, as set out in AS 47.30.735(b).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.755. Court order.

(a) After the hearing and within the time limit specified in AS 47.30.745, the court may commit the respondent to a treatment facility for no more than 90 days if the court or jury finds by clear and convincing evidence that the respondent is mentally ill and as a result is likely to cause harm to self or others, or is gravely disabled.
(b) If the court finds that there is a 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 after acceptance by the program of the respondent for a period not to exceed 90 days.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.760. Placement at closest facility.

Treatment shall always be available at a state-operated hospital; however, if space is available and upon acceptance by another treatment facility, a respondent who is committed by the court shall be placed by the department at the designated treatment facility closest to the respondent's home unless the court finds that
(1) another treatment facility in the state has a program more suited to the respondent's condition, and this interest outweighs the desirability of the respondent being closer to home;
(2) another treatment facility in the state is closer to the respondent's friends or relatives who could benefit the respondent through their visits and communications; or
(3) the respondent wants to be further removed from home, and the mental health professionals who sought the respondent's commitment concur in the desirability of removed placement.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.770. Additional 180-day commitment.

(a) The respondent shall be released from involuntary treatment at the expiration of 90 days unless the professional person in charge files a petition for a 180-day commitment conforming to the requirements of AS 47.30.740(a) except that all references to “30-day commitment” shall be read as “the previous 90-day commitment” and all references to “90-day commitment” shall be read as “180-day commitment”.
(b) The procedures for service of the petition, notification of rights, and judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. If the court or jury finds by clear and convincing evidence that the grounds for 90-day commitment as set out in AS 47.30.755 are present, the court may order the respondent committed for an additional treatment period not to exceed 180 days from the date on which the first 90-day treatment period would have expired.
(c) Successive 180-day commitments are permissible on the same ground and under the same procedures as the original 180-day commitment. An order of commitment may not exceed 180 days.
(d) Findings of fact relating to the respondent's behavior made at a 30-day commitment hearing under AS 47.30.735, a 90-day commitment hearing under AS 47.30.750, or a previous 180-day commitment hearing under this section shall be admitted as evidence and may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the findings.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.772. Medication and treatment.

An evaluation facility or designated treatment facility may administer medication or other treatment to an involuntarily committed patient only in a manner that is consistent with the provisions of AS 47.30.817 - 47.30.865.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.775. Commitment of minors.

The provisions of AS 47.30.700 - 47.30.815 apply to minors. However, all notices required to be served on the respondent in AS 47.30.700 - 47.30.815 shall also be served on the parent or guardian of a respondent who is a minor, and parents or guardians of a minor respondent shall be notified that they may appear as parties in any commitment proceeding concerning the minor and that as parties they are entitled to retain their own attorney or have the office of public advocacy appointed for them by the court. A minor respondent has the same rights to waiver and informed consent as an adult respondent under AS 47.30.660 - 47.30.915; however, the minor shall be represented by counsel in waiver and consent proceedings.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.780. Early discharge.

(a) Except as provided in (b) of this section, the professional person in charge shall at any time discharge a respondent on the ground that the respondent is no longer gravely disabled or likely to cause serious harm as a result of mental illness. A certificate to this effect shall be sent to the court, which shall enter an order officially terminating the involuntary commitment.
(b) The professional person in charge shall give the prosecuting authority 10 days' notice before discharging a respondent who was committed after having been found incompetent to proceed under AS 12.47.110.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.785. Authorized absences.

A respondent undergoing involuntary treatment on an inpatient basis under AS 47.30.700 - 47.30.815 may be authorized to be absent from the treatment facility during times specified by the professional person in charge, or that person's professional designee, when an authorization to be absent is in the best interests of the respondent and the respondent is not likely to cause harm to self or others.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.790. Unauthorized absences: return to facility; required notice.

When a respondent undergoing involuntary treatment on an inpatient basis is absent from the treatment facility without, or in excess of, authorization under AS 47.30.785, the professional person in charge, or that person's professional designee, may contact the appropriate peace officers who shall take the respondent into custody and return the respondent to the treatment facility. If it is determined by the professional person in charge to be necessary, a member of the treatment facility staff shall accompany the peace officers when they take the respondent into custody. In addition, the family or guardian of the patient and any person known to have been threatened by the patient shall be notified of the patient's unauthorized absence immediately upon its discovery.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.795. Involuntary outpatient care for committed persons.

(a) A respondent who was originally committed to involuntary inpatient care under AS 47.30.700 - 47.30.915 may be released before the expiration of the commitment period if a provider of outpatient care accepts the respondent for specified outpatient treatment for a period of time not to exceed the duration of the commitment, and if the professional person in charge, or that person's professional designee, finds that
(1) it is not necessary to treat the respondent as an inpatient to prevent the respondent from harming self or others; and
(2) there is reason to believe that the respondent's mental condition would improve as a result of the outpatient treatment.
(b) A copy of the conditions for early release shall be given to the respondent and the respondent's attorney and guardian, if any, the provider of outpatient care, and the court.
(c) If during the commitment period the provider of outpatient care determines that the respondent can no longer be treated on an outpatient basis because the respondent is likely to cause harm to self or others or is gravely disabled, the provider shall give the respondent oral and written notice that the respondent must return to the treatment facility within 24 hours, with copies to the respondent's attorney and guardian, if any, the court, and the inpatient treatment facility. If the respondent fails to arrive at the treatment facility within 24 hours after receiving the notice, the professional person in charge may contact the appropriate peace officers who shall take the respondent into custody and transport the respondent to the facility. If it is determined by the professional person in charge to be necessary, a member of the treatment facility staff shall accompany the peace officers when they take the respondent into custody.
(d) If the provider of outpatient care determines that the respondent will require continued outpatient care after the expiration of the commitment period, the provider may initiate further commitment proceedings as if the provider were the professional person in charge, and the provisions of AS 47.30.660 - 47.30.915 apply, except that provisions relating to inpatient treatment shall be read as applicable to outpatient treatment.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.800. Conversion of involuntary outpatient treatment to inpatient commitment.

(a) A respondent ordered by the court under the provisions of AS 47.30.700 - 47.30.915 to receive involuntary outpatient treatment may be required to undergo inpatient treatment when the provider of outpatient care finds that (1) the respondent is mentally ill and is likely to cause serious harm to self or others or is still gravely disabled; (2) the respondent's behavior since the hearing resulting in court-ordered treatment indicates that the respondent now needs inpatient treatment to protect self or others; (3) there is reason to believe that the respondent's mental condition will improve as a result of inpatient treatment; and (4) there is an inpatient facility appropriate to the respondent's need that will accept the respondent as a patient. Treatment for these respondents shall be available at state-operated hospitals at all times.
(b) Upon making the findings specified in (a) of this section, the provisions of AS 47.30.795(c) relating to notice and AS 47.30.745 relating to hearings apply.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.803. Conversion from involuntary to voluntary status.

A patient subject to involuntary hospitalization under AS 47.30.705, 47.30.735, or AS 47.30.755 may at any time convert to voluntary status if the responsible physician agrees that
(1) the patient is an appropriate patient for voluntary hospitalization; and
(2) the conversion is made in good faith.