Section 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.

Authorities

12.47.050;12.47.080;12.47.110;26.05.560;26.05.565;47.24.019;47.30.056;47.30.695;47.30.705;47.30.710;47.30.720;47.30.725;47.30.745;47.30.775;47.30.785;47.30.795;47.30.800;47.30.815;47.30.907;47.31.010

Notes

Implemented As

22 AAC 05.020

References

22 AAC 05.020
7 AAC 12.160
7 AAC 150.180
7 AAC 72.017
7 AAC 72.520
AS 12.47.050 Disposition of defendant found guilty but mentally ill.
AS 12.47.080 Procedure upon verdict of not guilty.
AS 12.47.110 Commitment on finding of incompetency.
AS 26.05.560 Defense of insanity.
AS 26.05.565 Lack of mental capacity or mental responsibility; commitment of accused for examination and treatment.
AS 47.24.019 Petitioning court for certain protective services.
AS 47.30.056 Use of money in the mental health trust settlement income account.
AS 47.30.695 Request by parent or guardian for release of minors under 18 years of age from detention and commitment.
AS 47.30.705 Emergency detention for evaluation.
AS 47.30.710 Examination; hospitalization.
AS 47.30.720 Release before expiration of 72-hour period.
AS 47.30.725 Rights; notification.
AS 47.30.745 90-day commitment hearing rights; continued commitment.
AS 47.30.775 Commitment of minors.
AS 47.30.785 Authorized absences.
AS 47.30.795 Involuntary outpatient care for committed persons.
AS 47.30.800 Conversion of involuntary outpatient treatment to inpatient commitment.
AS 47.30.815 Limitation of liability; bad faith application a felony.
AS 47.30.907 Report to Department of Public Safety.
AS 47.31.010 Eligibility for assistance.

History

(Sec. 1 ch 84 SLA 1981)