CSHB 493(JUD) AM: "An Act relating to treatment for alcoholism or drug abuse."
00CS FOR HOUSE BILL NO. 493(JUD) am 01 "An Act relating to treatment for alcoholism or drug abuse." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.37.170(b) is amended to read: 04 (b) A person who appears to be incapacitated by alcohol or drugs in a public 05 place shall be taken into protective custody by a peace officer or a member of the 06 emergency service patrol and immediately brought to an approved public treatment 07 facility, an approved private treatment facility, or another appropriate health facility 08 or service for emergency medical treatment. If no treatment facility or emergency 09 medical service is available, a person who appears to be incapacitated by alcohol or 10 drugs in a public place shall be taken to a state or municipal detention facility in the 11 area [,] if that appears necessary for the protection of the person's health or safety. 12 * Sec. 2. AS 47.37.170(d) is amended to read: 13 (d) A person who, after medical examination at an approved private 14 treatment facility, or another appropriate health facility or service for emergency
01 medical treatment, is found to be incapacitated by alcohol or drugs at the time of 02 admission or to have become incapacitated by alcohol or drugs at any time after 03 admission, may not be detained at a facility after the person is no longer incapacitated 04 by alcohol or drugs. A person may not be detained at a facility if the person remains 05 incapacitated by alcohol for more than 48 hours after admission as a patient [, 06 UNLESS THE PERSON IS COMMITTED UNDER AS 47.37.180]. A person may 07 consent to remain in the facility as long as the physician in charge considers it 08 appropriate. 09 * Sec. 3. AS 47.37.170(f) is amended to read: 10 (f) If a patient is admitted to an approved public treatment facility, family or 11 next of kin shall be promptly notified. If an adult patient who is not incapacitated by 12 alcohol or drugs requests that there be no notification of next of kin, the request shall 13 be granted. 14 * Sec. 4. AS 47.37.170(g) is amended to read: 15 (g) A person may not bring an action for damages based on the decision under 16 this section to take or not to take an intoxicated person or a person incapacitated by 17 alcohol or drugs into protective custody, unless the action is for damages caused by 18 gross negligence or intentional misconduct. 19 * Sec. 5. AS 47.37.170(i) is amended to read: 20 (i) A person taken to a detention facility under (a) or (b) of this section may 21 be detained only (1) until a treatment facility or emergency medical service is made 22 available, [OR] (2) until the person is no longer intoxicated or incapacitated by alcohol 23 or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. A 24 detaining officer or a detention facility official may release a person who is detained 25 under (a) or (b) of this section at any time to the custody of a responsible adult. A 26 peace officer or a member of the emergency service patrol, in detaining a person under 27 (a) or (b) of this section and in taking the person to a treatment facility, an emergency 28 medical service, or a detention facility, is taking the person into protective custody and 29 the officer or patrol member shall make reasonable efforts to provide for and protect 30 the health and safety of the detainee. In taking a person into protective custody under 31 (a) and (b) of this section, a detaining officer, a member of the emergency service
01 patrol, or a detention facility official may take reasonable steps for self-protection, 02 including a full protective search of the person of a detainee. Protective custody under 03 (a) and (b) of this section does not constitute an arrest and no entry or other record 04 may be made to indicate that the person detained has been arrested or charged with a 05 crime, except that a confidential record may be made that [WHICH] is necessary for 06 the administrative purposes of the facility to which the person has been taken or that 07 [WHICH] is necessary for statistical purposes where the person's name may not be 08 disclosed. 09 * Sec. 6. AS 47.37.180(a) is amended to read: 10 (a) An intoxicated person who (1) has threatened, attempted to inflict, or 11 inflicted physical harm on another or is likely to inflict physical harm on another 12 unless committed, or (2) is incapacitated by alcohol or drugs, may be committed to an 13 approved public treatment facility for emergency treatment. A refusal to undergo 14 treatment does not constitute evidence of lack of judgment as to the need for treatment. 15 * Sec. 7. AS 47.37.190(a) is amended to read: 16 (a) A [AFTER A HEARING INITIATED BY PETITION OF A] spouse or 17 guardian, a relative, the certifying physician, or the administrator in charge of an 18 approved public treatment facility may petition the court for a 30-day involuntary 19 commitment order [, A PERSON MAY BE COMMITTED TO THE CUSTODY OF 20 A PRIVATE OR PUBLIC FACILITY BY THE SUPERIOR COURT]. The petition 21 must allege that the person is an alcoholic or drug abuser who [HABITUALLY 22 LACKS SELF-CONTROL IN USING ALCOHOLIC BEVERAGES AND THAT THE 23 PERSON] (1) has threatened, attempted to inflict, or inflicted physical harm on another 24 and that unless committed is likely to inflict physical harm on another; or (2) is 25 incapacitated by alcohol or drugs. A refusal to undergo treatment does not constitute 26 evidence of lack of judgment as to the need for treatment. The petition must be 27 accompanied by a certificate of a licensed physician who has examined the person within 28 two days before submission of the petition, unless the person whose commitment is 29 sought has refused to submit to a medical examination, in which case the fact of refusal 30 must be alleged in the petition. The certificate must set out the physician's findings in 31 support of the allegations of the petition.
01 * Sec. 8. AS 47.37.190(b) is amended to read: 02 (b) After the petition is filed, the court shall fix a date for a hearing no later than 03 10 days after the date the petition was filed. A copy of the petition and of the notice of 04 the hearing, including the date fixed by the court, shall be served on 05 (1) the petitioner; 06 (2) the person whose commitment is sought or the person's guardian, 07 if any; 08 (3) the attorney representing [NEXT OF KIN OF] the person whose 09 commitment is sought; 10 (4) the administrator in charge of the approved public or private 11 treatment facility in which the committed person has been committed for emergency 12 care; and 13 (5) any other person the court considers appropriate. [A COPY OF THE 14 PETITION AND CERTIFICATE SHALL BE DELIVERED TO EACH PERSON 15 NOTIFIED.] 16 * Sec. 9. AS 47.37.190(c) is repealed and reenacted to read: 17 (c) A person who is the subject of a petition filed under this section does not 18 have the right to a jury. 19 * Sec. 10. AS 47.37.200 is repealed and reenacted to read: 20 Sec. 47.37.200. HEARING ON PETITION FOR INVOLUNTARY 21 COMMITMENT. (a) At the hearing for a 30-day commitment required under 22 AS 47.37.190(b), the court shall hear all relevant testimony, including, if possible, the 23 testimony of at least one licensed physician who has examined the person whose 24 commitment is sought. The person whose commitment is sought shall be present unless 25 the court believes that being present is likely to be injurious to the person, in which case 26 the court may conduct the hearing telephonically. The court may examine the person in 27 open court, or, if advisable, examine the person out of court. If the person has refused 28 to be examined by a licensed physician, the person shall be given an opportunity to 29 request examination by a court-appointed licensed physician. If the person fails to 30 request a medical examination and there is sufficient evidence to believe that the 31 allegations of the petition are true, or, if the court believes that more medical evidence
01 is necessary, the court may issue a temporary order committing the person to a private 02 or public facility for a period of not more than five days for purposes of a diagnostic 03 examination. 04 (b) If after hearing all relevant evidence, including the results of any diagnostic 05 examination by the private or public facility, the court finds that grounds for involuntary 06 commitment have been clearly established, the court shall issue an order of 30-day 07 commitment to the private or public facility. 08 (c) A person committed for a 30-day period shall remain in the custody of a 09 private or public facility for treatment for a period of not more than 30 days. At the end 10 of the 30-day period, the person shall be automatically discharged unless the director of 11 the approved public facility or approved private facility, before the expiration of the 12 period, files a petition for recommitment under AS 47.37.205. 13 (d) A private or public facility shall provide adequate and appropriate treatment 14 for a person in its custody. A public facility may transfer a person in its custody from 15 one approved public treatment facility to another if the transfer is medically advisable. 16 (e) A person committed to the custody of an approved public facility or an 17 approved private facility shall be discharged at any time before the end of the period for 18 which the person has been committed if either of the following conditions is met: 19 (1) further treatment is not likely to bring about significant improvement 20 in the person's condition; or 21 (2) treatment is no longer adequate or appropriate. 22 (f) The court shall inform the person whose commitment or recommitment is 23 sought of the right to contest the petition, to be represented by counsel at every stage of 24 the proceedings relating to commitment and recommitment, to have counsel appointed 25 by the court or provided by the court, if the person is unable to obtain counsel, and of 26 the right to a jury trial if recommitment is sought under AS 47.37.205. The person 27 whose commitment or recommitment is sought shall be informed of the right to be 28 examined by a licensed physician of the person's choice. If the person is unable to 29 obtain a licensed physician and requests examination by a physician, the court shall 30 appoint a licensed physician for the examination. 31 (g) If a private treatment facility agrees with the request of a competent patient
01 or the patient's parent, adult sibling, adult child, or guardian to accept the patient for 02 treatment, the administrator of the public treatment facility shall transfer the patient to 03 the private treatment facility. 04 (h) A person committed under this chapter may at any time seek discharge from 05 commitment by writ of habeas corpus under AS 12.75. 06 * Sec. 11. AS 47.37 is amended by adding a new section to read: 07 Sec. 47.37.205. PROCEDURE FOR RECOMMITMENT FOLLOWING 30- 08 DAY COMMITMENT. (a) At any time during a person's 30-day commitment, the director of 09 an approved public facility or approved private facility may file with the court a petition for a 10 180-day commitment of that person. The petition must include all material required under 11 AS 47.37.190(a) except that references to "30 days" shall be read as "180 days" and must allege 12 that the person continues to be an alcoholic or drug abuser who is incapacitated by alcohol or 13 drugs, or who continues to be at risk of serious physical harm or illness. 14 (b) Upon the filing of a petition for recommitment under (a) of this section, the 15 court shall fix a date for hearing no later than 10 days after the date the petition was 16 filed. A copy of the petition and of the notice of hearing, including the date fixed by 17 the court, shall be served on 18 (1) the petitioner; 19 (2) the person whose recommitment is sought or the person's guardian, 20 if any; 21 (3) the attorney representing the person whose recommitment is sought; 22 (4) the original petitioner under AS 47.37.190(a), if different from the 23 petitioner for recommitment; 24 (5) any other person the court considers appropriate. 25 (c) If, not less than two days before the date set for a recommitment hearing 26 under (a) of this section, the person being recommitted or the person's counsel or advisor 27 files a written request with the court, the court shall summon and impanel a jury of six 28 residents of the judicial district to hear and consider evidence concerning the condition 29 of the person being recommitted. 30 (d) At the hearing regarding recommitment for a 180-day period, the court or 31 jury shall proceed as provided in AS 47.37.200(a) and (b).
01 (e) The provisions of AS 47.37.200(c) - (h) shall apply equally to periods of 02 recommitment under this section, except that references to "30 days" shall be read as 03 "180 days." 04 * Sec. 12. AS 47.37 is amended by adding a new section to read: 05 Sec. 47.37.207. UNAUTHORIZED ABSENCES: RETURN TO FACILITY. 06 When a person committed under AS 47.37.190 - 47.37.205 is absent from a treatment 07 facility without authorization, the administrator, or that person's designee, may contact 08 peace officers who shall take the person into custody and return the respondent to the 09 treatment facility. 10 * Sec. 13. AS 47.37.210(b) is amended to read: 11 (b) Notwithstanding (a) of this section, the director may make available 12 information from patients' records for purposes of research into the causes and 13 treatment of alcoholism or drug abuse. Information [. NO INFORMATION] may 14 not disclose a patient's name. 15 * Sec. 14. AS 47.37 is amended by adding a new section to read: 16 Sec. 47.37.235. LIMITATIONS ON LIABILITY; BAD FAITH 17 APPLICATION A FELONY. (a) Except as provided under (b) of this section, a 18 person acting in good faith upon either actual knowledge or reliable information who 19 takes a person into protective custody or detains a person under AS 47.37.170 - 20 47.37.180, or who petitions for commitment under AS 47.37.180 - 47.37.205, is not 21 subject to civil or criminal liability. 22 (b) The following persons may not be held civilly or criminally liable for 23 detaining a person under AS 47.37.170 - 47.37.270 or for releasing a person under 24 AS 47.37.170 - 47.37.270 at or before the end of the period for which the person was 25 admitted or committed for protective custody or treatment if the persons have 26 performed their duties in good faith and without gross negligence: 27 (1) an officer of an approved public or private treatment facility; 28 (2) the administrator of an approved public or private treatment facility, 29 and the staff of an approved public or private treatment facility; 30 (3) a public official performing functions necessary to the 31 administration of AS 47.37.170 - 47.37.270;
01 (4) a peace officer or other person responsible for detaining or 02 transporting a person under AS 47.37.170 - 47.37.270. 03 (c) A person who wilfully initiates an involuntary commitment petition under 04 AS 47.37.180 - 47.37.205 without having good cause to believe that the other person 05 is an alcoholic or drug abuser and is incapacitated or at risk of serious physical harm 06 or illness if not treated is guilty of a class C felony. 07 * Sec. 15. AS 47.37.270(1) is amended to read: 08 (1) "alcoholic or drug abuser" means a person who demonstrates 09 increased tolerance to alcohol or drugs, who suffers from withdrawal when alcohol 10 or drugs are not available, whose habitual lack of self-control concerning the use 11 of alcohol or drugs causes significant hazard to the person's health, and who 12 continues to use alcohol or drugs despite the adverse consequences [HABITUALLY 13 LACKS SELF-CONTROL IN USING ALCOHOLIC BEVERAGES, OR USES 14 ALCOHOLIC BEVERAGES TO THE EXTENT THAT THE PERSON'S HEALTH IS 15 SUBSTANTIALLY IMPAIRED OR ENDANGERED, OR THE PERSON'S SOCIAL 16 OR ECONOMIC FUNCTION IS SUBSTANTIALLY DISRUPTED]; 17 * Sec. 16. AS 47.37.270(10) is amended to read: 18 (10) "incapacitated by alcohol or drugs" means a person who, as a 19 result of alcohol or drugs, is unconscious or whose judgment is otherwise so impaired 20 that the person (A) is incapable of realizing and making [A] rational decisions 21 [DECISION] with respect to the [A] need for treatment and (B) is unable to take care 22 of the person's basic safety or personal needs, including food, clothing, shelter, or 23 medical care [, AS EVIDENCED OBJECTIVELY BY EXTREME PHYSICAL 24 DEBILITATION, PHYSICAL HARM OR THREATS OF HARM TO OTHERS OR 25 CHRONIC INABILITY TO HOLD REGULAR EMPLOYMENT]; 26 * Sec. 17. AS 47.37.270(13) is amended to read: 27 (13) "intoxicated person" means a person whose mental or physical 28 functioning is substantially impaired as a result of the use of alcohol or drugs; 29 * Sec. 18. AS 47.37.270(14) is amended to read: 30 (14) "treatment" means the broad range of emergency, outpatient, 31 intermediate, and inpatient services and care that may be extended to alcoholics, [AND]
01 intoxicated persons, or drug abusers, including diagnostic evaluation, medical, psychiatric, 02 psychological, and social service care, vocational rehabilitation and career counseling; 03 * Sec. 19. AS 47.37.270 is amended by adding a new paragraph to read: 04 (16) "drugs" means a drug that is included in the controlled substance 05 schedules set out in AS 11.71.140 - 11.71.190. 06 * Sec. 20. AS 47.37.170(j) is repealed.