Section 47.30.705. Emergency detention for evaluation.

   (a) A peace officer, a psychiatrist or physician who is licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners 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 and delivered to the nearest evaluation 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 treatment facility. However, emergency protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer or mental health professional shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the facility.
   (b) In this section, "minor" means an individual who is under 18 years of age.

Authorities

12.47.092;33.30.071;47.30.803

Notes

Implemented As

22 AAC 05.020
7 AAC 72.370

References

22 AAC 05.020
22 AAC 05.485
7 AAC 72.370
AS 12.47.092 Procedure for conditional release.
AS 33.30.071 Responsibility for prisoners pending commitment.
AS 47.30.803 Conversion from involuntary to voluntary status.

History

(Sec. 1 ch 84 SLA 1981; am Sec. 8 ch 142 SLA 1984; am Sec. 3, 4 ch 95 SLA 2004)