Alaska Statutes
Alaska Stat. § 47.37.170 (2026)
Treatment and services for intoxicated persons and persons incapacitated by alcohol or drugs
✓ current as of July 2026
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Sec. 47.37.170. Treatment and services for intoxicated persons and persons incapacitated by alcohol or drugs.
(a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help or a person who appears to be intoxicated in or upon licensed premises where intoxicating liquors are sold or consumed who refuses to leave upon being requested to leave by the owner, an employee, or a peace officer may be taken into protective custody and assisted by a peace officer or a member of the emergency service patrol to the person's home, an approved public treatment facility, an approved private treatment facility, or another appropriate health facility. If all of the preceding facilities, including the person's home, are determined to be unavailable, a person taken into protective custody and assisted under this subsection may be taken to a state or municipal detention facility in the area. However, emergency protective custody under this subsection may not include placement of a minor in a jail or secure facility.
(b) A person who appears to be incapacitated by alcohol or drugs in a public place shall be taken into protective custody by a peace officer or a member of the emergency service patrol and immediately brought to an approved public treatment facility, an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment. If no treatment facility or emergency medical service is available, a person who appears to be incapacitated by alcohol or drugs in a public place shall be taken to a state or municipal detention facility in the area if that appears necessary for the protection of the person's health or safety. However, emergency protective custody under this subsection may not include placement of a minor in a jail or secure facility.
(c) A person who voluntarily appears or is brought to an approved public treatment facility shall be examined by a licensed physician or other qualified health practitioner as soon as possible. The department shall, by regulation, determine which health practitioners may be authorized to perform the examination. After the examination, the person may be admitted as a patient or referred to another health facility. The approved public treatment facility which refers the person shall arrange for transportation.
(d) A person who, after medical examination at an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment, is found to be incapacitated by alcohol or drugs at the time of admission or to have become incapacitated by alcohol or drugs at any time after admission, may not be detained at a facility after the person is no longer incapacitated by alcohol or drugs. A person may not be detained at a facility if the person remains incapacitated by alcohol for more than 48 hours after admission as a patient. A person may consent to remain in the facility as long as the physician in charge considers it appropriate.
(e) A person who is not admitted to an approved public treatment facility, is not referred to another health facility, and has no funds, may be taken to the person's home, if any. If the person has no home, the approved public treatment facility shall assist the person in obtaining shelter.
(f) If a patient is admitted to an approved public treatment facility, family or next of kin shall be promptly notified. If an adult patient who is not incapacitated by alcohol or drugs requests that there be no notification of next of kin, the request shall be granted.
(g) A person may not bring an action for damages based on the decision under this section to take or not to take an intoxicated person or a person incapacitated by alcohol or drugs into protective custody, unless the action is for damages caused by gross negligence or intentional misconduct.
(h) If the physician in charge of the approved public treatment facility determines it is for the patient's benefit, an attempt shall be made to encourage the patient to submit to further diagnosis and appropriate voluntary treatment.
(i) A person taken to a detention facility under (a) or (b) of this section may be detained only (1) until a treatment facility or emergency medical service is made available, (2) until the person is no longer intoxicated or incapacitated by alcohol or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. A detaining officer or a detention facility official may release a person who is detained under (a) or (b) of this section at any time to the custody of a responsible adult. A peace officer or a member of the emergency service patrol, in detaining a person under (a) or (b) of this section and in taking the person to a treatment facility, an emergency medical service, or a detention facility, is taking the person into protective custody and the officer or patrol member shall make reasonable efforts to provide for and protect the health and safety of the detainee. In taking a person into protective custody under (a) and (b) of this section, a detaining officer, a member of the emergency service patrol, or a detention facility official may take reasonable steps for self-protection, including a full protective search of the person of a detainee. Protective custody under (a) and (b) of this section does not constitute an arrest and no entry or other record may be made to indicate that the person detained has been arrested or charged with a crime, except that a confidential record may be made that is necessary for the administrative purposes of the facility to which the person has been taken or that is necessary for statistical purposes where the person's name may not be disclosed.
(j) [Repealed, § 21 ch 66 SLA 1996.]
(k) In this section, “minor” means an individual who is under 18 years of age.
(a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help or a person who appears to be intoxicated in or upon licensed premises where intoxicating liquors are sold or consumed who refuses to leave upon being requested to leave by the owner, an employee, or a peace officer may be taken into protective custody and assisted by a peace officer or a member of the emergency service patrol to the person's home, an approved public treatment facility, an approved private treatment facility, or another appropriate health facility. If all of the preceding facilities, including the person's home, are determined to be unavailable, a person taken into protective custody and assisted under this subsection may be taken to a state or municipal detention facility in the area. However, emergency protective custody under this subsection may not include placement of a minor in a jail or secure facility.
(b) A person who appears to be incapacitated by alcohol or drugs in a public place shall be taken into protective custody by a peace officer or a member of the emergency service patrol and immediately brought to an approved public treatment facility, an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment. If no treatment facility or emergency medical service is available, a person who appears to be incapacitated by alcohol or drugs in a public place shall be taken to a state or municipal detention facility in the area if that appears necessary for the protection of the person's health or safety. However, emergency protective custody under this subsection may not include placement of a minor in a jail or secure facility.
(c) A person who voluntarily appears or is brought to an approved public treatment facility shall be examined by a licensed physician or other qualified health practitioner as soon as possible. The department shall, by regulation, determine which health practitioners may be authorized to perform the examination. After the examination, the person may be admitted as a patient or referred to another health facility. The approved public treatment facility which refers the person shall arrange for transportation.
(d) A person who, after medical examination at an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment, is found to be incapacitated by alcohol or drugs at the time of admission or to have become incapacitated by alcohol or drugs at any time after admission, may not be detained at a facility after the person is no longer incapacitated by alcohol or drugs. A person may not be detained at a facility if the person remains incapacitated by alcohol for more than 48 hours after admission as a patient. A person may consent to remain in the facility as long as the physician in charge considers it appropriate.
(e) A person who is not admitted to an approved public treatment facility, is not referred to another health facility, and has no funds, may be taken to the person's home, if any. If the person has no home, the approved public treatment facility shall assist the person in obtaining shelter.
(f) If a patient is admitted to an approved public treatment facility, family or next of kin shall be promptly notified. If an adult patient who is not incapacitated by alcohol or drugs requests that there be no notification of next of kin, the request shall be granted.
(g) A person may not bring an action for damages based on the decision under this section to take or not to take an intoxicated person or a person incapacitated by alcohol or drugs into protective custody, unless the action is for damages caused by gross negligence or intentional misconduct.
(h) If the physician in charge of the approved public treatment facility determines it is for the patient's benefit, an attempt shall be made to encourage the patient to submit to further diagnosis and appropriate voluntary treatment.
(i) A person taken to a detention facility under (a) or (b) of this section may be detained only (1) until a treatment facility or emergency medical service is made available, (2) until the person is no longer intoxicated or incapacitated by alcohol or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. A detaining officer or a detention facility official may release a person who is detained under (a) or (b) of this section at any time to the custody of a responsible adult. A peace officer or a member of the emergency service patrol, in detaining a person under (a) or (b) of this section and in taking the person to a treatment facility, an emergency medical service, or a detention facility, is taking the person into protective custody and the officer or patrol member shall make reasonable efforts to provide for and protect the health and safety of the detainee. In taking a person into protective custody under (a) and (b) of this section, a detaining officer, a member of the emergency service patrol, or a detention facility official may take reasonable steps for self-protection, including a full protective search of the person of a detainee. Protective custody under (a) and (b) of this section does not constitute an arrest and no entry or other record may be made to indicate that the person detained has been arrested or charged with a crime, except that a confidential record may be made that is necessary for the administrative purposes of the facility to which the person has been taken or that is necessary for statistical purposes where the person's name may not be disclosed.
(j) [Repealed, § 21 ch 66 SLA 1996.]
(k) In this section, “minor” means an individual who is under 18 years of age.
Notes of Decisions
Cited in 7
cases, 1975–2020 · leading case: City of Hooper Bay v. Bunyan, 359 P.3d 972 (Alaska 2015).
City of Hooper Bay v. Bunyan, 359 P.3d 972 (Alaska 2015). “Turning to the City's argument that it was entitled to immunity pursuant to AS 47.37.170 and AS 47.37.285, the superior court concluded that Title 47 applied only to the detention of intoxicated persons from *977 public places.”
Busby v. Mun. of Anchorage, 741 P.2d 230 (Alaska 1987). “This is an appeal from a summary judgment in favor of the Municipality of Anchorage (Municipality) 1 in which we are asked to determine whether AS 47.37.170 2 *232 imposes upon a municipality an actionable duty to take persons incapacitated by alcohol in a public place into…”
Peter v. State, 531 P.2d 1263 (Alaska 1975). “31 Under AS 47.37.170, a peace officer in detaining the person and in taking him to an approved public treatment facility, is taking him into custody and “may take reasonable steps to protect himself”.”
Kanayurak v. North Slope Borough, 677 P.2d 893 (Alaska 1984). “170(j) states in part: For purposes of (b) of this section, “incapacitated by alcohol” means a person who, as the result of consumption of alcohol, is rendered unconscious or has his judgment or physical mobility so impaired that he cannot readily recognize or extricate himself…”
Est. of Logusak v. City of Togiak, 185 P.3d 103 (Alaska 2008). “In addition, the two statutes that the Logusaks argue mandate detention, AS 47.37.170 and AS 47.10.141, are not applicable here and therefore are not lawful reasons for further detention.”
City of Kotzebue v. State, Dep't of Corr., 166 P.3d 37 (Alaska 2007). “705 and AS 47.37.170 unless the person is admitted into a state correctional facility.”
Est. of Joseph Murphy v. State of Alaska, Dep't of Corr. (D. Alaska 2020). “BACKGROUND 24 Joseph Murphy (“Murphy”) was sent to the Lemon Creek Correctional Center 25 (“Lemon Creek”) from Bartlett Regional Hospital on August 13, 2015, to be temporarily 26 detained for alcohol detoxification and suicide monitoring pursuant to AS 47.37.170. 27 Early the…”
— Alaska Stat. § 47.37.170(b) — 3 cases
Busby v. Mun. of Anchorage, 741 P.2d 230 (Alaska 1987). “This is an appeal from a summary judgment in favor of the Municipality of Anchorage (Municipality) 1 in which we are asked to determine whether AS 47.37.170 2 *232 imposes upon a municipality an actionable duty to take persons incapacitated by alcohol in a public place into…”
Kanayurak v. North Slope Borough, 677 P.2d 893 (Alaska 1984). “170(j) states in part: For purposes of (b) of this section, “incapacitated by alcohol” means a person who, as the result of consumption of alcohol, is rendered unconscious or has his judgment or physical mobility so impaired that he cannot readily recognize or extricate himself…”
Peter v. State, 531 P.2d 1263 (Alaska 1975). “31 Under AS 47.37.170, a peace officer in detaining the person and in taking him to an approved public treatment facility, is taking him into custody and “may take reasonable steps to protect himself”.”
— Alaska Stat. § 47.37.170(g) — 1 case
City of Hooper Bay v. Bunyan, 359 P.3d 972 (Alaska 2015). “Turning to the City's argument that it was entitled to immunity pursuant to AS 47.37.170 and AS 47.37.285, the superior court concluded that Title 47 applied only to the detention of intoxicated persons from *977 public places.”
— Alaska Stat. § 47.37.170(j) — 1 case
Kanayurak v. North Slope Borough, 677 P.2d 893 (Alaska 1984). “170(j) states in part: For purposes of (b) of this section, “incapacitated by alcohol” means a person who, as the result of consumption of alcohol, is rendered unconscious or has his judgment or physical mobility so impaired that he cannot readily recognize or extricate himself…”
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