00HOUSE BILL NO. 378                                                                                                    
01 "An Act relating to involuntary commitment of alcoholics or drug abusers who                                            
02 are pregnant."                                                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 47.37.190(a) is amended to read:                                                                  
05  (a)  A spouse or guardian, a relative, the certifying physician, or the                                               
06 administrator in charge of an approved public treatment facility may petition the court                                 
07 for a 30-day involuntary commitment order.  The petition must allege that the person                                    
08 is an alcoholic or drug abuser who (1) has threatened, attempted to inflict, or inflicted                               
09 physical harm on another and that unless committed is likely to inflict physical harm                                   
10 on another; [OR] (2) is incapacitated by alcohol or drugs ; or (3) is pregnant and                                     
11 unless committed is likely to inflict physical harm on the fetus through continued                                      
12 use of alcohol or drugs .  A refusal to undergo treatment does not constitute evidence                                 
13 of lack of judgment as to the need for treatment.  The petition must be accompanied                                     
14 by a certificate of a licensed physician who has examined the person within two days                                    

01 before submission of the petition [,] unless the person whose commitment is sought                                      
02 has refused to submit to a medical examination, in which case the fact of refusal must                                  
03 be alleged in the petition.  The certificate must set out the physician's findings in                                   
04 support of the allegations of the petition.                                                                             
05    * Sec. 2.  AS 47.37.200(e) is amended to read:                                                                     
06  (e)  A person committed to the custody of an approved public facility or an                                           
07 approved private facility shall be discharged at any time before the end of the period                                  
08 for which the person has been committed if  any  [EITHER] of the following conditions                                 
09 is met:                                                                                                                 
10   (1)  further treatment is not likely to bring about significant                                                      
11 improvement in the person's condition; [OR]                                                                             
12   (2)  treatment is no longer adequate or appropriate ; or                                                            
13   (3)  the person is no longer pregnant and was committed under the                                                    
14 grounds set out in AS 47.37.190(a)(3) .                                                                                
15    * Sec. 3.  AS 47.37.205(a) is amended to read:                                                                     
16  (a)  At any time during a person's 30-day commitment, the director of an                                              
17 approved public facility or approved private facility may file with the court a petition                                
18 for a 180-day commitment of that person.  The petition must include all material                                        
19 required under AS 47.37.190(a) except that references to "30 days" shall be read as                                     
20 "180 days" and must allege that the person continues to be an alcoholic or drug abuser                                  
21 who  continues to be (1)  [IS] incapacitated by alcohol or drugs, [OR WHO                                             
22 CONTINUES TO BE]  (2)  at risk of serious physical harm or illness , or (3) pregnant                                 
23 and at risk of physically harming the fetus through continued use of alcohol or                                         
24 drugs if not recommitted .