Alaska Stat. § 47.30.715
Procedure after order
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Sec. 47.30.715. Procedure after order.
(a) After the court grants an ex parte order authorizing hospitalization for evaluation, the department shall immediately transport a person who is detained at a medical or other facility, including a correctional facility, to a crisis residential center or evaluation facility for an evaluation.
(b) A person being detained while awaiting transportation to a crisis residential center or evaluation facility may request a court hearing to review the detention at any time. The hearing shall be held not later than 72 hours after the request is filed. When the court rules on a request for review of the detention pending transportation, the court shall consider the factors listed in (d) of this section.
(c) A person may not be detained for more than seven days while awaiting transportation to a crisis residential center or evaluation facility; however, the department or a facility detaining a person under AS 47.30.700 — 47.30.815 may file a request to extend the detention based on the person continuing to meet the standards for commitment under AS 47.30.700 and the need for a continued hold. The request must be supported by the verified or certified statement of a mental health professional and be served on the respondent, the respondent's attorney, and the division of the Department of Law that has responsibility for civil cases. When the court decides a request to extend the detention pending transportation, the court shall consider the factors identified in (d) of this section.
(d) When ruling on a request to review or extend detention, the court shall consider the totality of the circumstances, including
(1) the length of time the person has been detained;
(2) the reason the person has not yet been transported;
(3) the person's current medical and psychiatric condition;
(4) whether the person is gravely disabled or is likely to cause serious harm to self or others; and
(5) whether the person is receiving treatment at the person's current placement.
(e) The court shall schedule a hearing to decide a request for review under (b) of this section or a request to extend detention under (c) of this section. The hearing shall be held not later than 72 hours after the request for review or the request to extend detention, as applicable. If a hearing is held after expiration of the seven-day detention period, the detention shall be extended until the hearing.
(f) Regardless of whether a request to extend the respondent's detention has been filed, if, at any time in the course of the detention, a mental health professional at the detaining facility determines that the person does not meet the standards for commitment under AS 47.30.700, the respondent shall be released and the facility shall notify the petitioner, the respondent's attorney, the division of the Department of Law that has responsibility for civil cases, and the court.
(g) When an evaluation facility receives a proper order for evaluation, it shall accept the order and the respondent for an evaluation period not to exceed 72 hours. The evaluation facility shall promptly notify the court of the date and time of the respondent's arrival. The court shall set a date, time, and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent's arrival, and the court shall notify the evaluation facility, the respondent, the respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing. Evaluation personnel, when used, shall similarly notify the court of the date and time when they first met with the respondent.
(a) After the court grants an ex parte order authorizing hospitalization for evaluation, the department shall immediately transport a person who is detained at a medical or other facility, including a correctional facility, to a crisis residential center or evaluation facility for an evaluation.
(b) A person being detained while awaiting transportation to a crisis residential center or evaluation facility may request a court hearing to review the detention at any time. The hearing shall be held not later than 72 hours after the request is filed. When the court rules on a request for review of the detention pending transportation, the court shall consider the factors listed in (d) of this section.
(c) A person may not be detained for more than seven days while awaiting transportation to a crisis residential center or evaluation facility; however, the department or a facility detaining a person under AS 47.30.700 — 47.30.815 may file a request to extend the detention based on the person continuing to meet the standards for commitment under AS 47.30.700 and the need for a continued hold. The request must be supported by the verified or certified statement of a mental health professional and be served on the respondent, the respondent's attorney, and the division of the Department of Law that has responsibility for civil cases. When the court decides a request to extend the detention pending transportation, the court shall consider the factors identified in (d) of this section.
(d) When ruling on a request to review or extend detention, the court shall consider the totality of the circumstances, including
(1) the length of time the person has been detained;
(2) the reason the person has not yet been transported;
(3) the person's current medical and psychiatric condition;
(4) whether the person is gravely disabled or is likely to cause serious harm to self or others; and
(5) whether the person is receiving treatment at the person's current placement.
(e) The court shall schedule a hearing to decide a request for review under (b) of this section or a request to extend detention under (c) of this section. The hearing shall be held not later than 72 hours after the request for review or the request to extend detention, as applicable. If a hearing is held after expiration of the seven-day detention period, the detention shall be extended until the hearing.
(f) Regardless of whether a request to extend the respondent's detention has been filed, if, at any time in the course of the detention, a mental health professional at the detaining facility determines that the person does not meet the standards for commitment under AS 47.30.700, the respondent shall be released and the facility shall notify the petitioner, the respondent's attorney, the division of the Department of Law that has responsibility for civil cases, and the court.
(g) When an evaluation facility receives a proper order for evaluation, it shall accept the order and the respondent for an evaluation period not to exceed 72 hours. The evaluation facility shall promptly notify the court of the date and time of the respondent's arrival. The court shall set a date, time, and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent's arrival, and the court shall notify the evaluation facility, the respondent, the respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing. Evaluation personnel, when used, shall similarly notify the court of the date and time when they first met with the respondent.
Notes of Decisions
Cited in 22
cases (14 in the last 5 years), 2014–2025 · leading case: In Re the Necessity for the Hospitalization of Gabriel C.
In Re the Necessity for the Hospitalization of Gabriel C. (2014)
“As noted above, AS 47.30.715 states that the "evaluation period" for a full evaluation begins to run when the evaluation facility accepts "the order and the respondent.”
Native Village of Kwinhagak v. State of Alaska, DHSS, OCS (2024)
“705 (authorizing peace officer, mental health officer, or other medical professional to take person into custody for evaluation starting within 24 hours of arrival); AS 47.30.715 (setting forth procedures for evaluation facilities to conduct evaluations following receipt of…”
In Re Hospitalization of Naomi B. (2019)
“We emphasize that because our decision here is based on circumstances 60 We note that this holding is not limited to the kinds of involuntary commitment and involuntary medication appeals that Naomi and Linda bring here; rather, it covers appeals of any order for involuntary…”
In Re the Necessity for the Hospitalization of Daniel G. (2014)
“AS 47.30.715 provides that "[when a facility receives a proper order for evaluation, .”
In the Matter of the Necessity for the Hospitalization of Vern H. (2021)
“3d 262, 268 (Alaska 2014) (holding public interest exception to mootness applied to appeal of ex parte order authorizing up to 72 hours confinement for psychiatric evaluation pursuant to AS 47.30.715). 10 In re Hospitalization of Stephen O.”
In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalizati (2021)
“13 API is the largest of these designated facilities.14 As of October 2018 API had a physical capacity of 80 beds: 50 for adult acute care, 10 for adolescent care, 10 for long-term adult care, and 10 for forensic care.”
In Re Necessity for the Hospitalization of Heather R. (2016)
“700(a) (authorizing an ex parte order requiring respondent to undergo psychiatric evaluation if the court finds "probable cause to believe the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to…”
In the Matter of the Necessity for the Hospitalization of Carl S. (2022)
“29 See AS 47.30.715 (requiring courts to schedule a 30-day commitment hearing “within 72 hours after the respondent’s arrival” at a facility for evaluation).”
In the Matter of the Necessity for the Hospitalization of: Abigail B., In the Matter of the Necessity for the Hospitaliz (2023)
“5 AS 47.30.715 (requiring evaluation facility to “accept the order and the respondent for an evaluation period not to exceed 72 hours”); AS 47.”
In the Matter of the Necessity for the Hospitalization of: Arthur A. (2020)
“8 See AS 47.30.715 (providing court shall set time for commitment hearing to be held “within 72 hours after the respondent’s arrival” at an evaluation facility); AS 47.”
In the Matter of the Hospitalization of April S. (2021)
“”10 “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,” then “the court may order the 5 AS 47.”
ITMO the Necessity for the Hospitalization of Kara K. (2024)
“4 See AS 47.30.715 (providing that “[w]hen an evaluation facility receives a proper order for evaluation, it shall accept the order and the respondent for an evaluation period not to exceed 72 hours” and also requiring court to schedule 30-day commitment hearing if needed).”
— Alaska Stat. § 47.30.715(g) — 1 case
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