(a) Upon receipt of a proper petition for commitment, the court shall hold a hearing at the date and time previously specified according to procedures set out in Alaska Stat. § 47.30.715.
Terms Used In Alaska Statutes 47.30.735
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Testify: Answer questions in court.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The hearing shall be conducted in a physical setting least likely to have a harmful effect on the mental or physical health of the respondent, within practical limits. At the hearing, in addition to other rights specified in Alaska Stat. § 47.30.660 – 47.30.915, the respondent has the right
(1) to be present at the hearing; this right may be waived only with the respondent’s informed consent; if the respondent is incapable of giving informed consent, the respondent may be excluded from the hearing only if the court, after hearing, finds that the incapacity exists and that there is a substantial likelihood that the respondent’s presence at the hearing would be severely injurious to the respondent’s mental or physical health;(2) to view and copy all petitions and reports in the court file of the respondent’s case;(3) to have the hearing open or closed to the public as the respondent elects;(4) to have the rules of evidence and civil procedure applied so as to provide for the informal but efficient presentation of evidence;(5) to have an interpreter if the respondent does not understand English;(6) to present evidence on the respondent’s behalf;(7) to cross-examine witnesses who testify against the respondent;(8) to remain silent;(9) to call experts and other witnesses to testify on the respondent’s behalf.(c) At the conclusion of the hearing the court may commit the respondent to a treatment facility for not more than 30 days if it finds, by clear and convincing evidence, that the respondent is mentally ill and as a result is likely to cause harm to the respondent or others or is gravely disabled.(d) If the court finds that there is a viable less restrictive alternative available and that the respondent has been advised of and refused voluntary treatment through the alternative, the court may order the less restrictive alternative treatment for not more than 30 days if the program accepts the respondent.(e) The court shall specifically state to the respondent, and give the respondent written notice, that if commitment or other involuntary treatment beyond the 30 days is to be sought, the respondent has the right to a full hearing or jury trial.
