Sec. 47.30.771. Additional two-year commitment.

435 words·~2 min read·/ak/title-47/chapter-30/47-30-771

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(a)The respondent shall be released from involuntary treatment at the expiration of 180 days unless the professional person in charge or the attorney general's office files an additional 180-day petition or a petition for a commitment of up to two years conforming to the requirements of AS 47.30.740

(a)except that all references to “30-day commitment” shall be read as “the previous 180-day commitment” and all references to “90-day commitment” shall be read as “two-year 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. Following a 180-day commitment of a respondent, the court may order the respondent committed for an additional treatment period not to exceed two years from the date on which the 180-day treatment period would have expired if the court or jury finds by clear and convincing evidence that

(1)the respondent is mentally ill and as a result is likely to cause serious harm to self or others;

(2)the respondent has a criminal history that includes a felony offense against a person under AS 11.41 or felony arson, including an offense for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110;

(3)the respondent has been found incompetent to stand trial under AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or felony arson and that finding of incompetence led directly to the respondent's current period of commitment; and

(4)the period of commitment of the respondent, including a period of commitment for more than 180 days but not more than two years, is necessary to protect the public.

(c)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 , a 180-day commitment hearing under AS 47.30.770 , or a two-year 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.

(d)Successive commitments are permissible on the same ground and under the same procedures as the original commitment. An order of commitment may not exceed two years.

(e)The department shall, by January 30 of each year, submit to the attorney general, public defender, public advocate, Alaska Court System, and the attorney of record for the respondent, if any, a report that details how many respondents are committed under this section and how much time remains on each order of commitment.