Alaska Statutes
Alaska Stat. § 47.30.735 (2026)
30-day commitment; hearing
✓ current as of July 2026
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Sec. 47.30.735. 30-day commitment; hearing.
(a) Upon receipt of a proper petition for commitment, the court shall hold a hearing at the date and time previously specified according to procedures set out in AS 47.30.715.
(b) The hearing shall be conducted in a physical setting least likely to have a harmful effect on the mental or physical health of the respondent, within practical limits. At the hearing, in addition to other rights specified in AS 47.30.660 — 47.30.915, the respondent has the right
(1) to be present at the hearing; this right may be waived only with the respondent's informed consent; if the respondent is incapable of giving informed consent, the respondent may be excluded from the hearing only if the court, after hearing, finds that the incapacity exists and that there is a substantial likelihood that the respondent's presence at the hearing would be severely injurious to the respondent's mental or physical health;
(2) to view and copy all petitions and reports in the court file of the respondent's case;
(3) to have the hearing open or closed to the public as the respondent elects, except that, if the respondent was charged with a felony offense against a person under AS 11.41 or felony arson and the criminal case was dismissed under AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, or a staff member of the prosecutor's office, may attend the hearing, but may not disclose confidential information from the hearing;
(4) to have the rules of evidence and civil procedure applied so as to provide for the informal but efficient presentation of evidence;
(5) to have an interpreter if the respondent does not understand English;
(6) to present evidence on the respondent's behalf;
(7) to cross-examine witnesses who testify against the respondent;
(8) to remain silent;
(9) to call experts and other witnesses to testify on the respondent's behalf.
(c) 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 respondent or others or is gravely disabled.
(d) 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, the court may order the less restrictive alternative treatment for not more than 30 days if the program accepts the respondent.
(e) The court shall specifically state to the respondent, and give the respondent written notice, that if commitment or other involuntary treatment beyond the 30 days is to be sought, the respondent has the right to a full hearing or jury trial.
(a) Upon receipt of a proper petition for commitment, the court shall hold a hearing at the date and time previously specified according to procedures set out in AS 47.30.715.
(b) The hearing shall be conducted in a physical setting least likely to have a harmful effect on the mental or physical health of the respondent, within practical limits. At the hearing, in addition to other rights specified in AS 47.30.660 — 47.30.915, the respondent has the right
(1) to be present at the hearing; this right may be waived only with the respondent's informed consent; if the respondent is incapable of giving informed consent, the respondent may be excluded from the hearing only if the court, after hearing, finds that the incapacity exists and that there is a substantial likelihood that the respondent's presence at the hearing would be severely injurious to the respondent's mental or physical health;
(2) to view and copy all petitions and reports in the court file of the respondent's case;
(3) to have the hearing open or closed to the public as the respondent elects, except that, if the respondent was charged with a felony offense against a person under AS 11.41 or felony arson and the criminal case was dismissed under AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, or a staff member of the prosecutor's office, may attend the hearing, but may not disclose confidential information from the hearing;
(4) to have the rules of evidence and civil procedure applied so as to provide for the informal but efficient presentation of evidence;
(5) to have an interpreter if the respondent does not understand English;
(6) to present evidence on the respondent's behalf;
(7) to cross-examine witnesses who testify against the respondent;
(8) to remain silent;
(9) to call experts and other witnesses to testify on the respondent's behalf.
(c) 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 respondent or others or is gravely disabled.
(d) 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, the court may order the less restrictive alternative treatment for not more than 30 days if the program accepts the respondent.
(e) The court shall specifically state to the respondent, and give the respondent written notice, that if commitment or other involuntary treatment beyond the 30 days is to be sought, the respondent has the right to a full hearing or jury trial.
Notes of Decisions
Cited in 64
cases (29 in the last 5 years), 1989–2025 · leading case: In Re the Necessity for the Hospitalization of Joan K., 273 P.3d 594 (Alaska 2012).
In Re the Necessity for the Hospitalization of Joan K., 273 P.3d 594 (Alaska 2012). “Based on these findings, the superior court did not err by finding clear and convincing evidence that, under AS 47.30.735 and AS 47.30.915(10)(A), Joan was likely to cause harm to herself due to her mental illness.”
In Re the Necessity for the Hospitalization of Jacob S., 384 P.3d 758 (Alaska 2016). “740(e) allows “findings of fact relating to the respondent’s behavior made at a 30-day commitment hearing under AS 47.30.735” to be admitted as evidence, and those findings “may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the…”
In Re Hospitalization of Connor J., 440 P.3d 159 (Alaska 2019). “He asserts that the mistake was obvious because the wording of AS 47.30.735 is clear and yet the court made no inquiry into the basis for his waiver.”
In Re the Necessity for the Hospitalization of Stephen O., 314 P.3d 1185 (Alaska 2013). “Under AS 47.30.735(c), a court may involuntarily commit a person to a treatment facility for up to 30 days if the court finds by clear and convincing evidence that the person is “mentally ill” and as a result is either “likely to cause harm to [himself] or others or is gravely…”
In the Matter of the Necessity for the Hospitalization of Luciano G., 450 P.3d 1258 (Alaska 2019). “3 See AS 47.30.735. Neither the petition for hospitalization for evaluation nor the 30-day commitment petition was admitted into evidence at the commitment hearings.”
In Re Hospitalization of Naomi B., 435 P.3d 918 (Alaska 2019). “68 AS 47.30.735(c). -25- 7328 deterioration of the person’s previous ability to function independently.”
In Re the Necessity for the Hospitalization of Mark V., 375 P.3d 51 (Alaska 2016). “opinion, 13 , AS 47.30.735(c) ("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…”
In the Matter of the Necessity for the Hospitalization of: Sergio F., 529 P.3d 74 (Alaska 2023). “710 to file petition for 30-day commitment for treatment); AS 47.30.735 (providing for court hearing on petition for 30-day commitment for treatment and setting out required findings for commitment).”
In Re Tracy C., 249 P.3d 1085 (Alaska 2011). “[17] The procedures for a 30-day commitment hearing are specified in AS 47.30.735. 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…”
Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007). “AS 47.30.735(c); see DeNuptiis v. Unocal, 63 P.”
In the Matter of the Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020). “20 AS 47.30.735(b)(4). 21 Christina J. v. State, Dep’t of Health & Soc.”
In the Matter of the Necessity for the Hospitalization of Meredith.B., 462 P.3d 522 (Alaska 2020). “26 The burden of proof in a commitment hearing is thus higher than the probable cause required to order a mental health evaluation. The relationship between the evaluation procedure and the procedure for involuntary commitment resembles the relationship between proceedings in a…”
— Alaska Stat. § 47.30.735(a) — 1 case
— Alaska Stat. § 47.30.735(b) — 5 cases
In the Matter of the Necessity for the Hospitalization of Meredith.B., 462 P.3d 522 (Alaska 2020). “26 The burden of proof in a commitment hearing is thus higher than the probable cause required to order a mental health evaluation. The relationship between the evaluation procedure and the procedure for involuntary commitment resembles the relationship between proceedings in a…”
Wetherhorn v. Alaska Psychiatric Inst., 167 P.3d 701 (Alaska 2007).
— Alaska Stat. § 47.30.735(b)(1) — 4 cases
In Re Hospitalization of Connor J., 440 P.3d 159 (Alaska 2019). “He asserts that the mistake was obvious because the wording of AS 47.30.735 is clear and yet the court made no inquiry into the basis for his waiver.”
In the Matter of the Hospitalization of April S., 499 P.3d 1011 (Alaska 2021).
In Re Hospitalization of Connor J. (Alaska 2019).
— Alaska Stat. § 47.30.735(b)(3) — 1 case
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022).
— Alaska Stat. § 47.30.735(b)(4) — 1 case
In the Matter of the Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020). “20 AS 47.30.735(b)(4). 21 Christina J. v. State, Dep’t of Health & Soc.”
— Alaska Stat. § 47.30.735(b)(8) — 2 cases
In Re Hospitalization of Connor J., 440 P.3d 159 (Alaska 2019). “He asserts that the mistake was obvious because the wording of AS 47.30.735 is clear and yet the court made no inquiry into the basis for his waiver.”
In Re Hospitalization of Connor J. (Alaska 2019).
— Alaska Stat. § 47.30.735(b)(l) — 1 case
In Re the Necessity for the Hospitalization of Jacob S., 384 P.3d 758 (Alaska 2016). “740(e) allows “findings of fact relating to the respondent’s behavior made at a 30-day commitment hearing under AS 47.30.735” to be admitted as evidence, and those findings “may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the…”
— Alaska Stat. § 47.30.735(c) — 52 cases
In Re the Necessity for the Hospitalization of Joan K., 273 P.3d 594 (Alaska 2012). “Based on these findings, the superior court did not err by finding clear and convincing evidence that, under AS 47.30.735 and AS 47.30.915(10)(A), Joan was likely to cause harm to herself due to her mental illness.”
In Re the Necessity for the Hospitalization of Stephen O., 314 P.3d 1185 (Alaska 2013). “Under AS 47.30.735(c), a court may involuntarily commit a person to a treatment facility for up to 30 days if the court finds by clear and convincing evidence that the person is “mentally ill” and as a result is either “likely to cause harm to [himself] or others or is gravely…”
In Re Hospitalization of Naomi B., 435 P.3d 918 (Alaska 2019). “68 AS 47.30.735(c). -25- 7328 deterioration of the person’s previous ability to function independently.”
In Re the Necessity for the Hospitalization of Mark V., 375 P.3d 51 (Alaska 2016). “opinion, 13 , AS 47.30.735(c) ("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…”
Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007). “AS 47.30.735(c); see DeNuptiis v. Unocal, 63 P.”
— Alaska Stat. § 47.30.735(d) — 10 cases
In Re the Necessity for the Hospitalization of Joan K., 273 P.3d 594 (Alaska 2012). “Based on these findings, the superior court did not err by finding clear and convincing evidence that, under AS 47.30.735 and AS 47.30.915(10)(A), Joan was likely to cause harm to herself due to her mental illness.”
In Re the Necessity for the Hospitalization of Jacob S., 384 P.3d 758 (Alaska 2016). “740(e) allows “findings of fact relating to the respondent’s behavior made at a 30-day commitment hearing under AS 47.30.735” to be admitted as evidence, and those findings “may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the…”
In the Matter of the Necessity for the Hospitalization of: Sergio F., 529 P.3d 74 (Alaska 2023). “710 to file petition for 30-day commitment for treatment); AS 47.30.735 (providing for court hearing on petition for 30-day commitment for treatment and setting out required findings for commitment).”
In the Matter of the Necessity for the Hospitalization of: Mark V., In the Matter of the Necessity for the Hospitalization of: Mark V., 501 P.3d 228 (Alaska 2021).
In the Matter of the Necessity of the Hospitalization of Declan P., 538 P.3d 318 (Alaska 2023).
— Alaska Stat. § 47.30.735(e) — 1 case
In the Matter of the Hospitalization of April S., 499 P.3d 1011 (Alaska 2021).
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