HB 290: "An Act establishing an alternative to arrest procedure for persons in acute episodes of mental illness; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers."
00 HOUSE BILL NO. 290 01 "An Act establishing an alternative to arrest procedure for persons in acute episodes of 02 mental illness; relating to emergency detention for mental health evaluation; and 03 relating to licensure of crisis stabilization centers." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.25 is amended by adding a new section to read: 06 Sec. 12.25.031. Alternative to arrest. (a) As an alternative to arrest, a peace 07 officer may, at the officer's discretion, deliver a person to a crisis stabilization center 08 or an evaluation facility or decline to arrest the person if 09 (1) the arresting officer believes in good faith that the person is 10 suffering from an acute episode of mental illness; and 11 (2) the person voluntarily agrees to be taken to a crisis stabilization 12 center or an evaluation facility or to promptly seek outpatient mental health treatment. 13 (b) Notwithstanding (a) of this section, a peace officer may, as an alternative 14 to arrest, take a person into emergency protective custody under AS 47.30.705.
01 (c) A person who is delivered to a crisis stabilization center or an evaluation 02 facility under (a) of this section must be examined by a mental health professional 03 within three hours after arriving at the center. 04 (d) Delivery of a person to a crisis stabilization center or an evaluation facility 05 for examination under (a) of this section does not constitute an involuntary 06 commitment under AS 47.30 or an arrest. 07 (e) Before a person delivered to a crisis stabilization center or an evaluation 08 facility under (a) of this section is released to the community, a mental health 09 professional shall make reasonable efforts to inform the arresting officer of the 10 planned release if the officer has specifically requested notification and provided the 11 officer's contact information to the provider. 12 (f) A peace officer is not liable for civil damages arising from an act or 13 omission done with reasonable care and in good faith under this section. 14 (g) An agreement to participate in outpatient treatment or to be delivered to a 15 crisis stabilization center or an evaluation facility under (a) of this section 16 (1) may not require a person to stipulate to any facts regarding the 17 alleged criminal activity as a prerequisite to participation in a mental health treatment 18 alternative; 19 (2) is inadmissible in any criminal or civil proceeding; and 20 (3) does not create immunity from prosecution for the alleged criminal 21 activity. 22 (h) If a person violates an agreement to be delivered to a crisis stabilization 23 center or an evaluation facility or to seek outpatient treatment under (a) of this section, 24 and if mental health treatment is no longer an appropriate alternative, 25 (1) a mental health professional shall make reasonable efforts to 26 inform the arresting officer of the violation; and 27 (2) the original charges may be filed or referred to the prosecutor, as 28 appropriate, and the matter may proceed as provided by law. 29 (i) In this section, 30 (1) "crisis stabilization center" means a facility licensed under 31 AS 47.32 that meets the definition of "crisis stabilization center" in AS 47.32.900;
01 (2) "evaluation facility" means an evaluation facility as defined in 02 AS 47.30.915; 03 (3) "mental health professional" has the meaning given in 04 AS 47.30.915. 05 * Sec. 2. AS 18.65.530(c) is amended to read: 06 (c) A peace officer is not required to make an arrest under (a) of this section if 07 the officer 08 (1) has received authorization not to arrest from a prosecuting attorney 09 in the jurisdiction in which the offense under investigation arose; or 10 (2) delivers to a crisis stabilization center or an evaluation facility, 11 as those terms are defined in AS 12.25.031, or releases the person described in (a) 12 of this section as provided in AS 12.25.031. 13 * Sec. 3. AS 47.30.705(a) is amended to read: 14 (a) A peace officer, a psychiatrist or physician who is licensed to practice in 15 this state or employed by the federal government, or a clinical psychologist licensed 16 by the state Board of Psychologist and Psychological Associate Examiners who has 17 probable cause to believe that a person is gravely disabled or is suffering from mental 18 illness and is likely to cause serious harm to self or others of such immediate nature 19 that considerations of safety do not allow initiation of involuntary commitment 20 procedures set out in AS 47.30.700, may cause the person to be taken into custody and 21 delivered to the nearest crisis stabilization center as defined in AS 47.32.900 or 22 other evaluation facility. A person taken into custody for emergency evaluation may 23 not be placed in a jail or other correctional facility except for protective custody 24 purposes and only while awaiting transportation to a crisis stabilization center or 25 other treatment facility. However, emergency protective custody under this section 26 may not include placement of a minor in a jail or secure facility. The peace officer or 27 mental health professional shall complete an application for examination of the person 28 in custody and be interviewed by a mental health professional at the crisis 29 stabilization center or other facility. 30 * Sec. 4. AS 47.30.710(a) is amended to read: 31 (a) A respondent who is delivered under AS 47.30.700 - 47.30.705 to an
01 evaluation facility, except for delivery to a crisis stabilization center as defined in 02 AS 47.32.900, for emergency examination and treatment shall be examined and 03 evaluated as to mental and physical condition by a mental health professional and by a 04 physician within 24 hours after arrival at the facility. A respondent who is delivered 05 under AS 47.30.705 to a crisis stabilization center shall be examined by a mental 06 health professional as defined in AS 47.30.915 within three hours after arriving at 07 the center. 08 * Sec. 5. AS 47.32.010(b) is amended to read: 09 (b) This chapter and regulations adopted under this chapter apply to the 10 following entities: 11 (1) ambulatory surgical centers; 12 (2) assisted living homes; 13 (3) child care facilities; 14 (4) child placement agencies; 15 (5) foster homes; 16 (6) free-standing birth centers; 17 (7) home health agencies; 18 (8) hospices, or agencies providing hospice services or operating 19 hospice programs; 20 (9) hospitals; 21 (10) intermediate care facilities for individuals with an intellectual 22 disability or related condition; 23 (11) maternity homes; 24 (12) nursing facilities; 25 (13) residential child care facilities; 26 (14) residential psychiatric treatment centers; 27 (15) runaway shelters; 28 (16) rural health clinics; 29 (17) crisis stabilization centers. 30 * Sec. 6. AS 47.32 is amended by adding a new section to read: 31 Sec. 47.32.035. Crisis stabilization center license. (a) A crisis stabilization
01 center licensed under this chapter shall 02 (1) provide 24-hour services each day under the direction of a mental 03 health professional as defined in AS 47.30.915; 04 (2) provide a level of security necessary to protect public safety; 05 (3) employ qualified staff that includes an advanced practice registered 06 nurse or a registered nurse with a master's degree in psychiatric nursing, licensed by 07 the State Board of Nursing, who is on site; and 08 (4) examine, stabilize, and treat an individual suffering from an acute 09 episode of mental illness for a continuous period not to exceed 24 hours. 10 (b) A crisis stabilization center licensed under this chapter may be located at a 11 correctional facility if the center is physically separate from the general population of 12 the facility. 13 * Sec. 7. AS 47.32.900 is amended by adding a new paragraph to read: 14 (22) "crisis stabilization center" means a facility, or a part or unit of a 15 facility, that has been designed to evaluate, stabilize, and treat, on a short-term basis 16 and without the use of hospitalization, individuals experiencing an acute episode of 17 mental illness.