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