Alaska Stat. § 47.30.705
Emergency detention for evaluation
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 47.30.705. Emergency detention for evaluation.
(a) A peace officer, health officer, mental health professional, or physician assistant licensed by the State Medical Board to practice in this state 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 by a peace officer or health officer and delivered to the nearest crisis stabilization center, crisis residential center, evaluation facility, or treatment 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 crisis stabilization center, crisis residential center, evaluation facility, or treatment facility. However, protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer, health officer, mental health professional, or physician assistant shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the crisis stabilization center, crisis residential center, evaluation facility, or treatment facility.
(b) When delivering a person to a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility under (a) of this section, a peace officer or health officer shall give priority to a crisis stabilization center or crisis residential center if one exists in the service area served by the peace officer or health officer.
(c) When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits a minor under this section, the center or facility shall inform the parent or guardian that the minor has been admitted as soon as possible after the arrival of the minor at the facility. When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits an adult for whom a guardian has been appointed and the center or facility is aware of the appointment, the center or facility shall inform the guardian that the adult has been admitted as soon as possible.
(d) In this section, “minor” means an individual who is under 18 years of age.
(a) A peace officer, health officer, mental health professional, or physician assistant licensed by the State Medical Board to practice in this state 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 by a peace officer or health officer and delivered to the nearest crisis stabilization center, crisis residential center, evaluation facility, or treatment 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 crisis stabilization center, crisis residential center, evaluation facility, or treatment facility. However, protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer, health officer, mental health professional, or physician assistant shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the crisis stabilization center, crisis residential center, evaluation facility, or treatment facility.
(b) When delivering a person to a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility under (a) of this section, a peace officer or health officer shall give priority to a crisis stabilization center or crisis residential center if one exists in the service area served by the peace officer or health officer.
(c) When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits a minor under this section, the center or facility shall inform the parent or guardian that the minor has been admitted as soon as possible after the arrival of the minor at the facility. When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits an adult for whom a guardian has been appointed and the center or facility is aware of the appointment, the center or facility shall inform the guardian that the adult has been admitted as soon as possible.
(d) In this section, “minor” means an individual who is under 18 years of age.
Notes of Decisions
Cited in 22
cases (14 in the last 5 years), 2007–2025 · leading case: Native Village of Kwinhagak v. State of Alaska, DHSS, OCS
Native Village of Kwinhagak v. State of Alaska, DHSS, OCS (2024)
“700 (authorizing “any adult” to petition for screening investigation and judicial determination within 48 hours whether “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…”
Greywolf v. Carroll (2007)
“700, 59 AS 47.30.705, 60 AS *1248 47.30.710, 61 and AS 47.”
Wetherhorn v. Alaska Psychiatric Institute (2007)
“Lee of Valley Hospital initiated an application for the examination of Wetherhorn pursuant to AS 47.30.705. Alaska Statute 47.30.705 allows a person to be taken into custody and delivered to the nearest evaluation facility.”
In Re the Necessity for the Hospitalization of Stephen O. (2013)
“” On the basis of this allegation, the Haines Police Department took Stephen into emergency custody under AS 47.30.705(a).3 The following day, Master Bruce Horton of the Sitka Superior Court issued an ex parte order to have him taken into custody and transported to Bartlett…”
In Re Hospitalization of Paige M. (2018)
“The emergency detention statute, AS 47.30.705, authorizes a peace officer or a mental health professional granted authority by the statute to "cause [a respondent] to be taken into custody" without first petitioning a court.”
In Re the Necessity for the Hospitalization of Daniel G. (2014)
“the police officer transported Daniel to the Providence Alaska Medical Center Psychiat, ric Emergency Room under AS 47.30.705 and gave the Providence staff a "Notice of Emer-geney Detention and Application for Evaluation.”
In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalizati (2021)
“17 The officer acted pursuant to AS 47.30.705. 18 The mental health professional filed the evaluation petition pursuant to AS 47.”
In the Matter of the Necessity for the Hospitalization of: Sergio F. (2023)
“710 (requiring mental health professional to perform emergency examination within 24 hours of respondent’s detention under AS 47.30.705 and to apply for ex parte order authorizing hospitalization for evaluation under AS 47.”
In the Matter of the Necessity for the Hospitalization of Vern H. (2021)
“evaluation facility” under certain circumstances). 5 See AS 47.30.710 (requiring mental health professional to perform emergency examination within 24 hours of respondent’s detention under AS 47.”
In re the Necessity for the Hospitalization of Jeffrey E. (2012)
“700 (regarding initiation of involuntary commitment proceedings based on probable cause to believe person is mentally ill and gravely disabled or likely to cause harm to self or others); AS 47.30.705 (establishing procedures for emergency evaluation detention); AS 47.”
In the Matter of the Necessity for the Hospitalization of: Abigail B., In the Matter of the Necessity for the Hospitaliz (2023)
“at 1019-20 ; AS 47.30.705. A peace officer or certain licensed health professionals with “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” may take that person into protective…”
In the Matter of the Necessity for the Hospitalization of Carl S. (2022)
“” AS 47.30.705(a). The mental health professional or peace officer must then petition for the person’s emergency evaluation.”
— Alaska Stat. § 47.30.705(a) — 13 cases
In Re the Necessity for the Hospitalization of Stephen O. (2013)
“” On the basis of this allegation, the Haines Police Department took Stephen into emergency custody under AS 47.30.705(a).3 The following day, Master Bruce Horton of the Sitka Superior Court issued an ex parte order to have him taken into custody and transported to Bartlett…”
Native Village of Kwinhagak v. State of Alaska, DHSS, OCS (2024)
“700 (authorizing “any adult” to petition for screening investigation and judicial determination within 48 hours whether “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…”
Greywolf v. Carroll (2007)
“700, 59 AS 47.30.705, 60 AS *1248 47.30.710, 61 and AS 47.”
In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalizati (2021)
“17 The officer acted pursuant to AS 47.30.705. 18 The mental health professional filed the evaluation petition pursuant to AS 47.”
In the Matter of the Necessity for the Hospitalization of: Sergio F. (2023)
“710 (requiring mental health professional to perform emergency examination within 24 hours of respondent’s detention under AS 47.30.705 and to apply for ex parte order authorizing hospitalization for evaluation under AS 47.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.