(a) Except as provided under (b) of this section, a person acting in good faith upon either actual knowledge or reliable information who takes a person into protective custody or detains a person under AS 47.37.170 – 47.37.180, or who petitions for commitment under AS 47.37.180 – 47.37.205, is not subject to civil or criminal liability.
Terms Used In Alaska Statutes 47.37.235 - Limitations on liability; bad faith application a felony
- 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) The following persons may not be held civilly or criminally liable for detaining or failing to detain a person under AS 47.37.170 – 47.37.270 or for releasing a person under AS 47.37.170 – 47.37.270 at or before the end of the period for which the person was admitted or committed for protective custody or treatment if the persons have performed their duties in good faith and without gross negligence:
(1) an officer of an approved public or private treatment facility;
(2) the administrator of an approved public or private treatment facility, and the staff of an approved public or private treatment facility;
(3) a public official performing functions necessary to the administration of AS 47.37.170 – 47.37.270;
(4) a peace officer or other person responsible for detaining or transporting a person under AS 47.37.170 – 47.37.270.
(c) A person who knowingly initiates an involuntary commitment petition under AS 47.37.180 – 47.37.205 without having good cause to believe that the other person is an alcoholic or drug abuser and is incapacitated or at risk of serious physical harm or illness if not treated is guilty of a class C felony.