Alaska Statutes
Alaska Stat. § 47.30.725 (2026)
Rights; notification
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 47.30.725. Rights; notification.
(a) When a respondent is detained for evaluation under AS 47.30.660 — 47.30.915, the respondent shall be immediately notified orally and in writing of the rights under this section. Notification must be in a language understood by the respondent. The respondent's guardian, if any, and if the respondent requests, an adult designated by the respondent, shall also be notified of the respondent's rights under this section.
(b) Unless a respondent is released or voluntarily admitted for treatment within 72 hours of arrival at the facility or, if the respondent is evaluated by evaluation personnel, within 72 hours from the beginning of the respondent's meeting with evaluation personnel, the respondent is entitled to a court hearing to be set for not later than the end of that 72-hour period to determine whether there is cause for detention after the 72 hours have expired for up to an additional 30 days on the grounds that the respondent is mentally ill, and as a result presents a likelihood of serious harm to the respondent or others, or is gravely disabled. The facility or evaluation personnel shall give notice to the court of the releases and voluntary admissions under AS 47.30.700 — 47.30.815.
(c) The respondent has a right to communicate immediately, at the department's expense, with the respondent's guardian, if any, or an adult designated by the respondent and the attorney designated in the ex parte order, or an attorney of the respondent's choice.
(d) The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who testify against the respondent at the hearing.
(e) The respondent has the right to be free of the effects of medication and other forms of treatment to the maximum extent possible before the 30-day commitment hearing; however, the facility or evaluation personnel may treat the respondent with medication under prescription by a licensed physician or by a less restrictive alternative of the respondent's preference if, in the opinion of a licensed physician in the case of medication, or of a mental health professional in the case of alternative treatment, the treatment is necessary to
(1) prevent bodily harm to the respondent or others;
(2) prevent such deterioration of the respondent's mental condition that subsequent treatment might not enable the respondent to recover; or
(3) allow the respondent to prepare for and participate in the proceedings.
(f) A respondent, if represented by counsel, may waive, orally or in writing, the 72-hour time limit on the 30-day commitment hearing and have the hearing set for a date no more than seven calendar days after arrival at the facility. The respondent's counsel shall immediately notify the court of the waiver.
(g) If a criminal charge of a felony offense against a person under AS 11.41 or felony arson against a respondent has been dismissed under AS 12.47.110 and the respondent is detained for evaluation or committed under AS 47.30.700 — 47.30.915,
(1) the Department of Law shall notify a victim in the dismissed criminal case
(A) of the time and place of a hearing under AS 47.30.700 — 47.30.915;
(B) of the length of time for which the respondent is committed and findings of fact made by the court; and
(C) when the respondent is discharged from commitment; and
(2) a victim in the dismissed criminal case may attend a hearing under AS 47.30.700 — 47.30.915, but may not disclose confidential information from the hearing.
(h) Subsection (g) of this section may not be construed to give a victim in a dismissed criminal case the right to access a record that is confidential under AS 47.30.845.
(a) When a respondent is detained for evaluation under AS 47.30.660 — 47.30.915, the respondent shall be immediately notified orally and in writing of the rights under this section. Notification must be in a language understood by the respondent. The respondent's guardian, if any, and if the respondent requests, an adult designated by the respondent, shall also be notified of the respondent's rights under this section.
(b) Unless a respondent is released or voluntarily admitted for treatment within 72 hours of arrival at the facility or, if the respondent is evaluated by evaluation personnel, within 72 hours from the beginning of the respondent's meeting with evaluation personnel, the respondent is entitled to a court hearing to be set for not later than the end of that 72-hour period to determine whether there is cause for detention after the 72 hours have expired for up to an additional 30 days on the grounds that the respondent is mentally ill, and as a result presents a likelihood of serious harm to the respondent or others, or is gravely disabled. The facility or evaluation personnel shall give notice to the court of the releases and voluntary admissions under AS 47.30.700 — 47.30.815.
(c) The respondent has a right to communicate immediately, at the department's expense, with the respondent's guardian, if any, or an adult designated by the respondent and the attorney designated in the ex parte order, or an attorney of the respondent's choice.
(d) The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who testify against the respondent at the hearing.
(e) The respondent has the right to be free of the effects of medication and other forms of treatment to the maximum extent possible before the 30-day commitment hearing; however, the facility or evaluation personnel may treat the respondent with medication under prescription by a licensed physician or by a less restrictive alternative of the respondent's preference if, in the opinion of a licensed physician in the case of medication, or of a mental health professional in the case of alternative treatment, the treatment is necessary to
(1) prevent bodily harm to the respondent or others;
(2) prevent such deterioration of the respondent's mental condition that subsequent treatment might not enable the respondent to recover; or
(3) allow the respondent to prepare for and participate in the proceedings.
(f) A respondent, if represented by counsel, may waive, orally or in writing, the 72-hour time limit on the 30-day commitment hearing and have the hearing set for a date no more than seven calendar days after arrival at the facility. The respondent's counsel shall immediately notify the court of the waiver.
(g) If a criminal charge of a felony offense against a person under AS 11.41 or felony arson against a respondent has been dismissed under AS 12.47.110 and the respondent is detained for evaluation or committed under AS 47.30.700 — 47.30.915,
(1) the Department of Law shall notify a victim in the dismissed criminal case
(A) of the time and place of a hearing under AS 47.30.700 — 47.30.915;
(B) of the length of time for which the respondent is committed and findings of fact made by the court; and
(C) when the respondent is discharged from commitment; and
(2) a victim in the dismissed criminal case may attend a hearing under AS 47.30.700 — 47.30.915, but may not disclose confidential information from the hearing.
(h) Subsection (g) of this section may not be construed to give a victim in a dismissed criminal case the right to access a record that is confidential under AS 47.30.845.
Notes of Decisions
Cited in 14
cases (5 in the last 5 years), 2006–2024 · leading case: Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007).
Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007). “AS 47.30.725(b). 58 . Myers, 138 P.3d at 246 .”
In Re the Necessity for the Hospitalization of Jacob S., 384 P.3d 758 (Alaska 2016). “AS 47.30.725(b). 16 . Alaska R. Civ. P. 99.”
Native Vill. of Kwinhagak v. State of Alaska, DHSS, OCS, 542 P.3d 1099 (Alaska 2024). “113 AS 47.30.725; AS 47.30.730; AS 47.30.735.”
In the Matter of the Necessity for the Hospitalization of Vern H., 486 P.3d 1123 (Alaska 2021). “20 See AS 47.30.725 (providing rights of respondent detained for evaluation).”
Myers v. Alaska Psychiatric Inst., 138 P.3d 238 (Alaska 2006). “735(c); AS 47.30.725(b). 20 . AS 47.30.915(7) defines "gravely disabled” to mean "a condition in which a person as a result of mental illness” (A) is in danger of physical harm arising from such complete neglect of basic needs for food, clothing, shelter, or personal safety as…”
In the Matter of the Necessity for the Hospitalization of: Arthur A., 457 P.3d 540 (Alaska 2020). “21 Subsection (d) specifically provides: “The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who testify against the respondent at the hearing.”
In Re the Necessity for the Hospitalization of Gabriel C., 324 P.3d 835 (Alaska 2014). “715 and AS 47.30.725(b) refer to the respondent's "arrival" at the facility where the evaluation is to be conducted.”
Azimi v. Johns, 254 P.3d 1054 (Alaska 2011). “, AS 47.30.725(d) (providing right to counsel before involuntary commitment for mental health treatment); Wetherhorn v.”
In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalization of: Sarah D., 485 P.3d 1018 (Alaska 2021). “24 The parties did so pursuant to AS 47.30.725(f) (providing commitment hearing may only be postponed until seven calendar days after arrival at facility).”
Law Proj. for Psychiatric Rights, Inc. v. State, 239 P.3d 1252 (Alaska 2010). “See AS 47.30.725(d) (providing the respondent with a right to be represented by an attorney before involuntary admission for mental health treatment); see also Wetherhorn, 156 P.”
In Re Tracy C., 249 P.3d 1085 (Alaska 2011). “Subsection (c) states: 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…”
Wetherhorn v. Alaska Psychiatric Inst., 167 P.3d 701 (Alaska 2007). “AS 47.30.725(e) allows the respondent in a thirty-day civil commitment hearing to be free from the effects of medication before the hearing.”
— Alaska Stat. § 47.30.725(b) — 4 cases
In Re the Necessity for the Hospitalization of Jacob S., 384 P.3d 758 (Alaska 2016). “AS 47.30.725(b). 16 . Alaska R. Civ. P. 99.”
Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007). “AS 47.30.725(b). 58 . Myers, 138 P.3d at 246 .”
Myers v. Alaska Psychiatric Inst., 138 P.3d 238 (Alaska 2006). “735(c); AS 47.30.725(b). 20 . AS 47.30.915(7) defines "gravely disabled” to mean "a condition in which a person as a result of mental illness” (A) is in danger of physical harm arising from such complete neglect of basic needs for food, clothing, shelter, or personal safety as…”
In Re the Necessity for the Hospitalization of Gabriel C., 324 P.3d 835 (Alaska 2014). “715 and AS 47.30.725(b) refer to the respondent's "arrival" at the facility where the evaluation is to be conducted.”
— Alaska Stat. § 47.30.725(d) — 5 cases
Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007). “AS 47.30.725(b). 58 . Myers, 138 P.3d at 246 .”
Azimi v. Johns, 254 P.3d 1054 (Alaska 2011). “, AS 47.30.725(d) (providing right to counsel before involuntary commitment for mental health treatment); Wetherhorn v.”
Law Proj. for Psychiatric Rights, Inc. v. State, 239 P.3d 1252 (Alaska 2010). “See AS 47.30.725(d) (providing the respondent with a right to be represented by an attorney before involuntary admission for mental health treatment); see also Wetherhorn, 156 P.”
In the Matter of the Necessity for the Hospitalization of: Arthur A., 457 P.3d 540 (Alaska 2020). “21 Subsection (d) specifically provides: “The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who testify against the respondent at the hearing.”
In the Matter of the Necessity for the Hospitalization of K. B., 551 P.3d 1141 (Alaska 2024).
— Alaska Stat. § 47.30.725(e) — 1 case
Wetherhorn v. Alaska Psychiatric Inst., 167 P.3d 701 (Alaska 2007). “AS 47.30.725(e) allows the respondent in a thirty-day civil commitment hearing to be free from the effects of medication before the hearing.”
— Alaska Stat. § 47.30.725(f) — 3 cases
In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalization of: Sarah D., 485 P.3d 1018 (Alaska 2021). “24 The parties did so pursuant to AS 47.30.725(f) (providing commitment hearing may only be postponed until seven calendar days after arrival at facility).”
In Re Tracy C., 249 P.3d 1085 (Alaska 2011). “Subsection (c) states: 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…”
In the Matter of the Necessity for the Hospitalization of: Arthur A., 457 P.3d 540 (Alaska 2020). “21 Subsection (d) specifically provides: “The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who testify against the respondent at the hearing.”
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.