(a) A spouse or guardian, a relative, the certifying physician, physician assistant, advanced practice registered nurse, or the administrator in charge of an approved public treatment facility may petition the court for a 30-day involuntary commitment order. The petition must allege that the person is an alcoholic or drug abuser who (1) has threatened, attempted to inflict, or inflicted physical harm on another and that unless committed is likely to inflict physical harm on another; or (2) is incapacitated by alcohol or drugs. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition must be accompanied by a certificate of a licensed physician, physician assistant, or advanced practice registered nurse who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be alleged in the petition. The certificate must set out the physician’s, physician assistant’s, or advanced practice registered nurse’s findings of the examination in support of the allegations of the petition.
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Terms Used In Alaska Statutes 47.37.190

  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(b) After the petition is filed, the court shall fix a date for a hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on

(1) the petitioner;
(2) the person whose commitment is sought or the person’s guardian, if any;
(3) the attorney representing the person whose commitment is sought;
(4) the administrator in charge of the approved public or private treatment facility in which the committed person has been committed for emergency care; and
(5) any other person the court considers appropriate.
(c) A person who is the subject of a petition filed under this section does not have the right to a jury.
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