CSHB 290(JUD): "An Act establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers."
00 CS FOR HOUSE BILL NO. 290(JUD) 01 "An Act establishing an alternative to arrest procedure for persons suffering from an 02 acute behavioral health crisis; relating to emergency detention for mental health 03 evaluation; and 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 behavioral health crisis; 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 custody under AS 47.30.705 and deliver the
01 person to a crisis stabilization center or an evaluation facility. 02 (c) Delivery of a person to a crisis stabilization center or an evaluation facility 03 for examination under (a) of this section does not constitute an involuntary 04 commitment under AS 47.30 or an arrest. 05 (d) Before a person delivered to a crisis stabilization center or an evaluation 06 facility under (a) or (b) of this section is released to the community, a mental health 07 professional shall make reasonable efforts to inform the arresting officer of the 08 planned release if the officer has specifically requested notification and provided the 09 officer's contact information to the crisis stabilization center or evaluation facility. 10 (e) A peace officer is not liable for civil damages arising from an act or 11 omission done with reasonable care and in good faith under this section. 12 (f) An agreement to participate in outpatient treatment or to be delivered to a 13 crisis stabilization center or an evaluation facility under (a) of this section 14 (1) may not require a person to stipulate to any facts regarding the 15 alleged criminal activity as a prerequisite to participation in a mental health treatment 16 alternative; 17 (2) is inadmissible in any criminal or civil proceeding; and 18 (3) does not create immunity from prosecution for the alleged criminal 19 activity. 20 (g) If a person violates an agreement to be delivered to a crisis stabilization 21 center or an evaluation facility or to seek outpatient treatment under (a) of this section, 22 (1) a mental health professional shall make reasonable efforts to 23 inform the arresting officer of the person's decision to leave the crisis stabilization 24 center or evaluation facility; and 25 (2) the original charges may be filed or referred to the prosecutor, as 26 appropriate, and the matter may proceed as provided by law. 27 (h) Notwithstanding the other provisions of this section, charges may be filed 28 or referred to the prosecutor, as appropriate, at any time in accordance with 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 of a person under (a) of 07 this section if the officer has received authorization [NOT TO ARREST] from a 08 prosecuting attorney in the jurisdiction in which the offense under investigation arose 09 (1) not to arrest the person; or 10 (2) to deliver the person to a crisis stabilization center or an 11 evaluation facility as provided in AS 12.25.031(b). 12 * Sec. 3. AS 18.65.530 is amended by adding a new subsection to read: 13 (g) A peace officer who delivers a person to a crisis stabilization center or 14 evaluation facility under (c) of this section shall provide the peace officer's contact 15 information to the crisis stabilization center or evaluation facility and, if the peace 16 officer is notified under AS 12.25.031(d) of a planned release of the person, shall 17 make reasonable efforts to inform the victim under (a)(1) and (2) of this section of the 18 planned release. 19 * Sec. 4. AS 47.30.705(a) is amended to read: 20 (a) A peace officer, a psychiatrist or physician who is licensed to practice in 21 this state or employed by the federal government, or a clinical psychologist licensed 22 by the state Board of Psychologist and Psychological Associate Examiners who has 23 probable cause to believe that a person is gravely disabled or is suffering from mental 24 illness and is likely to cause serious harm to self or others of such immediate nature 25 that considerations of safety do not allow initiation of involuntary commitment 26 procedures set out in AS 47.30.700, may cause the person to be taken into custody and 27 delivered to the nearest crisis stabilization center as defined in AS 47.32.900 or the 28 nearest evaluation facility. A person taken into custody for emergency evaluation may 29 not be placed in a jail or other correctional facility except for protective custody 30 purposes and only while awaiting transportation to a crisis stabilization center or 31 treatment facility. However, emergency protective custody under this section may not
01 include placement of a minor in a jail or secure facility. The peace officer or mental 02 health professional shall complete an application for examination of the person in 03 custody and be interviewed by a mental health professional at the crisis stabilization 04 center, evaluation facility, or treatment facility. 05 * Sec. 5. AS 47.30.710(a) is amended to read: 06 (a) A respondent who is delivered under AS 47.30.700 - 47.30.705 to an 07 evaluation facility, except for delivery to a crisis stabilization center as defined in 08 AS 47.32.900, for emergency examination and treatment shall be examined and 09 evaluated as to mental and physical condition by a mental health professional and by a 10 physician within 24 hours after arrival at the facility. A respondent who is delivered 11 under AS 47.30.705 to a crisis stabilization center shall be examined by a mental 12 health professional as defined in AS 47.30.915 within three hours after arriving at 13 the center. 14 * Sec. 6. AS 47.32.010(b) is amended to read: 15 (b) This chapter and regulations adopted under this chapter apply to the 16 following entities: 17 (1) ambulatory surgical centers; 18 (2) assisted living homes; 19 (3) child care facilities; 20 (4) child placement agencies; 21 (5) foster homes; 22 (6) free-standing birth centers; 23 (7) home health agencies; 24 (8) hospices, or agencies providing hospice services or operating 25 hospice programs; 26 (9) hospitals; 27 (10) intermediate care facilities for individuals with an intellectual 28 disability or related condition; 29 (11) maternity homes; 30 (12) nursing facilities; 31 (13) residential child care facilities;
01 (14) residential psychiatric treatment centers; 02 (15) runaway shelters; 03 (16) rural health clinics; 04 (17) crisis stabilization centers. 05 * Sec. 7. AS 47.32.900 is amended by adding a new paragraph to read: 06 (22) "crisis stabilization center" means 07 (A) a facility, or a part or unit of a facility, that has been 08 designed to evaluate, stabilize, and treat, on a short-term basis and without the 09 use of hospitalization, individuals experiencing an acute behavioral health 10 crisis; 11 (B) a 23-hour crisis stabilization center; 12 (C) a crisis residential center; or 13 (D) a subacute facility. 14 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION. Notwithstanding AS 47.32.010(b), as amended by sec. 6 of this Act, 17 the Department of Health and Social Services may, before a crisis stabilization center is 18 licensed under AS 47.32.010(b), as amended by sec. 6 of this Act, issue a provisional license 19 to or reimburse the crisis stabilization center under a waiver that is in effect before the 20 effective date of this Act.