Sec. 47.30.780. Early discharge.

312 words·~1 min read·/ak/title-47/chapter-30/47-30-780

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

(a)Except as provided in

(b)and

(c)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 .

(c)If a respondent committed under AS 47.30.770 or 47.30.771 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, the professional person in charge may not discharge the respondent under

(a)of this section unless the court enters an order officially terminating the involuntary commitment. The court shall give the prosecuting authority 10 days' notice before the professional person in charge may discharge a respondent under this subsection.

(d)Except as provided in

(e)of this section, a respondent committed under AS 47.30.771 may petition the court for early discharge at any time during the commitment if the respondent presents some evidence demonstrating that the respondent is no longer likely to cause serious harm to self or others. The court shall grant early discharge unless the state proves by clear and convincing evidence that the respondent remains likely to cause serious harm to self or others.

(e)A respondent may not file a petition for early discharge within 180 days after the date the court enters an initial commitment order or a final order ruling on a previous petition for early discharge.