HB 290 — An Act establishing an alternative to arrest procedure for persons in acute episodes of mental illness; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers.

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"An Act establishing an alternative to arrest procedure for persons sufferingin from an acute behavioralepisodes healthof crisis;mental illness;

and relating to licensure of crisis stabilization centers." CS FOR HOUSE BILL NO.

290(JUD)290 01 "An Act establishing an alternative to arrest procedure for persons sufferingin fromacute anepisodes of 02 acutemental behavioralillness; health crisis;

relating to emergency detention for mental health 03 evaluation;

and 03 relating to licensure of crisis stabilization centers." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

(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 behavioralepisode healthof crisis;mental illness;

13 (b) Notwithstanding (a) of this section, a peace officer may, as an alternative 14 to arrest, take a person into emergency protective custody under AS 47.30.70547.30.705. and deliver the person to a crisis stabilization center or an evaluation facility.

02 (c) DeliveryA ofperson awho personis delivered to a crisis stabilization center or an evaluation 02 facility 03 for examination under (a) of this section doesmust notbe constituteexamined anby involuntarya 04mental commitmenthealth underprofessional AS03 47.30within orthree anhours arrest.after arriving at the center.

0504 (d) BeforeDelivery of a person delivered to a crisis stabilization center or an evaluation 06 facility under05 (a)for orexamination (b)under (a) of this section isdoes releasednot toconstitute thean community,involuntary a06 mentalcommitment healthunder 07AS professional47.30 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 evaluationan facility.arrest.

1007 (e) ABefore peacea officerperson isdelivered notto liablea forcrisis civilstabilization damagescenter arisingor from an actevaluation or08 11facility omissionunder done(a) withof this section is released to the community, a mental health 09 professional shall make reasonable careefforts to inform the arresting officer of the 10 planned release if the officer has specifically requested notification and inprovided goodthe faith11 underofficer's thiscontact section.information to the provider.

12 (f) AnA agreementpeace toofficer participateis innot outpatientliable treatmentfor orcivil todamages bearising deliveredfrom toan aact 13 crisis stabilization center or an13 evaluationomission facilitydone underwith (a)reasonable ofcare thisand 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 agood mentalfaith healthunder treatmentthis 16section. alternative;

1714 (2)(g) isAn inadmissibleagreement to participate in outpatient treatment or to be delivered to a 15 crisis stabilization center or an evaluation facility under (a) of this section 16 (1) may not require a person to stipulate to any facts regarding the 17 alleged criminal oractivity civilas proceeding;a prerequisite to participation in a mental health treatment 18 alternative;

and19 18(2) (3)is doesinadmissible notin createany immunity from prosecution for the alleged criminal 19or activity.civil proceeding;

and 20 (g)(3) Ifdoes anot personcreate violatesimmunity anfrom agreementprosecution tofor bethe deliveredalleged tocriminal a crisis stabilization 21 centeractivity. 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;

and22 25(h) (2)If thea originalperson chargesviolates mayan agreement to be fileddelivered to a crisis stabilization 23 center or referredan evaluation facility or to theseek prosecutor,outpatient astreatment 26under appropriate,(a) of this section, 24 and theif mattermental mayhealth proceedtreatment asis providedno bylonger law.an appropriate alternative, 25 (1) a mental health professional shall make reasonable efforts to 26 inform the arresting officer of the violation;

and 27 (h)(2) Notwithstanding the otheroriginal provisions of this section, charges may be filed 28 or referred to the prosecutor, as 28 appropriate, atand anythe timematter inmay accordanceproceed withas provided by law.

06 (c) A peace officer is not required to make an arrest of a person under (a) of 07 this section if 07 the officer 08 (1) has received authorization [NOTnot TOto ARREST]arrest from a 08 prosecuting attorney 09 in the jurisdiction in which the offense under investigation arosearose; 09 (1) not to arrest the person;

or 10 (2) todelivers deliver the person to a crisis stabilization center or an evaluation facility, 11 evaluationas facilitythose terms are defined in AS 12.25.031, or releases the person described in (a) 12 of this section as provided in AS 12.25.031(b).12.25.031.

1213 * Sec.

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.

2014 (a) A peace officer, a psychiatrist or physician who is licensed to practice in 2115 this state or employed by the federal government, or a clinical psychologist licensed 2216 by the state Board of Psychologist and Psychological Associate Examiners who has 2317 probable cause to believe that a person is gravely disabled or is suffering from mental 2418 illness and is likely to cause serious harm to self or others of such immediate nature 2519 that considerations of safety do not allow initiation of involuntary commitment 2620 procedures set out in AS 47.30.700, may cause the person to be taken into custody and 2721 delivered to the nearest crisis stabilization center as defined in AS 47.32.900 or the22 28other nearest evaluation facility.

A person taken into custody for emergency evaluation may 2923 not be placed in a jail or other correctional facility except for protective custody 3024 purposes and only while awaiting transportation to a crisis stabilization center or 3125 other treatment facility.

However, emergency protective custody under this section 26 may not include placement of a minor in a jail or secure facility.

The peace officer or 27 mental 02 health professional shall complete an application for examination of the person 28 in 03 custody and be interviewed by a mental health professional at the crisis 29 stabilization 04center center, evaluation facility, or treatmentother facility.

0530 * Sec.

5.4.

0631 (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 0802 AS 47.32.900, for emergency examination and treatment shall be examined and 0903 evaluated as to mental and physical condition by a mental health professional and by a 1004 physician within 24 hours after arrival at the facility.

A respondent who is delivered 1105 under AS 47.30.705 to a crisis stabilization center shall be examined by a mental 1206 health professional as defined in AS 47.30.915 within three hours after arriving at 1307 the center.

1408 * Sec.

6.5.

1509 (b) This chapter and regulations adopted under this chapter apply to the 1610 following entities:

1711 (1) ambulatory surgical centers;

1812 (2) assisted living homes;

1913 (3) child care facilities;

2014 (4) child placement agencies;

2115 (5) foster homes;