Sec. 47.30.735. 30-day commitment; hearing.

465 words·~2 min read·/ak/title-47/chapter-30/47-30-735

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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, except that, if the respondent was charged with a felony offense against a person under AS 11.41 or felony arson and the criminal case was dismissed under AS 12.47.110 , an alleged victim in the dismissed criminal case and the prosecutor, or a staff member of the prosecutor's office, may attend the hearing, but may not disclose confidential information from the hearing;

(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.