HB 487: "An Act relating to the detention of delinquent minors in correctional facilities; relating to emergency detention of minors for evaluation for involuntary admission for mental health treatment; relating to detention of intoxicated minors and minors incapacitated by alcohol or drugs; and providing for an effective date."
00 HOUSE BILL NO. 487 01 "An Act relating to the detention of delinquent minors in correctional facilities; relating 02 to emergency detention of minors for evaluation for involuntary admission for mental 03 health treatment; relating to detention of intoxicated minors and minors incapacitated 04 by alcohol or drugs; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.12.240(c) is amended to read: 07 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 08 correctional facility 09 (1) if the minor is the subject of a petition filed with the court under 10 this chapter seeking adjudication of the minor as a delinquent minor or if the minor is 11 in official detention pending the filing of that petition; however, detention in a 12 correctional facility under this paragraph may not exceed the lesser of 13 (A) six hours, except under the criteria listed in (e) of this 14 section; or
01 (B) the time necessary to arrange the minor's transportation to a 02 juvenile detention home or comparable facility for the detention of minors; 03 (2) if, in response to a petition of delinquency filed under this chapter, 04 the court has entered an order closing the case under AS 47.12.100(a), allowing the 05 minor to be prosecuted as an adult; or 06 (3) [IF THE INCARCERATION CONSTITUTES A PROTECTIVE 07 CUSTODY DETENTION OF THE MINOR THAT IS AUTHORIZED BY 08 AS 47.37.170(b); OR 09 (4)] if the minor is at least 16 years of age and the court has entered an 10 order under AS 47.12.160(e) imposing an adult sentence and transferring custody of 11 the minor to the Department of Corrections. 12 * Sec. 2. AS 47.12.240(d) is amended to read: 13 (d) When a minor is detained under (c)(1) [(c)(1) OR (3)] of this section and 14 incarcerated in a correctional facility, the minor shall be 15 (1) assigned to quarters in the correctional facility that are separate 16 from quarters used to house adult prisoners so that the minor cannot communicate 17 with or view adults who are in official detention; 18 (2) provided admission, health care, hygiene, and food services and 19 recreation and visitation opportunities separate from services and opportunities 20 provided to adults who are in official detention. 21 * Sec. 3. AS 47.30.705 is amended to read: 22 Sec. 47.30.705. Emergency detention for evaluation. A peace officer, a 23 psychiatrist or physician who is licensed to practice in this state or employed by the 24 federal government, or a clinical psychologist licensed by the state Board of 25 Psychologist and Psychological Associate Examiners who has probable cause to 26 believe that a person is gravely disabled or is suffering from mental illness and is 27 likely to cause serious harm to self or others of such immediate nature that 28 considerations of safety do not allow initiation of involuntary commitment procedures 29 set out in AS 47.30.700, may cause the person to be taken into custody and delivered 30 to the nearest evaluation facility. A person take into custody for emergency evaluation 31 may not be placed in a jail or other correctional facility except for protective custody
01 purposes and only while awaiting transportation to a treatment facility. However, 02 emergency protective custody under this section may not include placement of a 03 minor in a jail or secure facility. The peace officer or mental health professional 04 shall complete an application for examination of the person in custody and be 05 interviewed by a mental health professional at the facility. 06 * Sec. 4. AS 47.30.705 is amended by adding a new subsection to read: 07 (b) In this section, "minor" means an individual who is under 18 years of age. 08 * Sec. 5. AS 47.37.170(a) is amended to read: 09 (a) An intoxicated person may come voluntarily to an approved public 10 treatment facility for emergency treatment. A person who appears to be intoxicated in 11 a public place and to be in need of help or a person who appears to be intoxicated in or 12 upon a licensed premises [PREMISE] where intoxicating liquors are sold or 13 consumed who refuses to leave upon being requested to leave by the owner, an 14 employee or a peace officer, may be taken into protective custody and assisted by a 15 peace officer or a member of the emergency service patrol to the person's home, an 16 approved public treatment facility, an approved private treatment facility, or another 17 appropriate health facility. If all of the preceding facilities, including the person's 18 home, are determined to be unavailable, a person taken into protective custody and 19 assisted under this subsection may be taken to a state or municipal detention facility in 20 the area. However, emergency protective custody under this section may not 21 include placement of a minor in a jail or secure facility. 22 * Sec. 6. AS 47.37.170(b) is amended to read: 23 (b) A person who appears to be incapacitated by alcohol or drugs in a public 24 place shall be taken into protective custody by a peace officer or a member of the 25 emergency service patrol and immediately brought to an approved public treatment 26 facility, an approved private treatment facility, or another appropriate health facility or 27 service for emergency medical treatment. If no treatment facility or emergency 28 medical service is available, a person who appears to be incapacitated by alcohol or 29 drugs in a public place shall be taken to a state or municipal detention facility in the 30 area if that appears necessary for the protection of the person's health or safety. 31 However, emergency protective custody under this section may not include
01 placement of a minor in a jail or secure facility. 02 * Sec. 7. AS 47.37.170 is amended by adding a new subsection to read: 03 (k) In this section, "minor" means an individual who is under 18 years of age. 04 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).