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Alaska Statutes Title 12. Code of Criminal Procedure § 12.25.031. Alternative to arrest

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) As an alternative to arrest, a peace officer may, at the officer's discretion, deliver a person to a crisis stabilization center, a crisis residential center, or an evaluation facility or decline to arrest the person if

(1) the arresting officer believes in good faith that the person is suffering from an acute behavioral health crisis; and

(2) the person voluntarily agrees to be taken to a crisis stabilization center, a crisis residential center, or an evaluation facility or to promptly seek outpatient mental health treatment.

(b) Notwithstanding (a) of this section, a peace officer may, as an alternative to arrest, take a person into emergency custody under AS 47.30.705 and deliver the person to a crisis stabilization center, a crisis residential center, or an evaluation facility.

(c) Delivery of a person to a crisis stabilization center, a crisis residential center, or an evaluation facility for examination under (a) of this section does not constitute an involuntary commitment under AS 47.30 or an arrest.

(d) Before a person delivered to a crisis stabilization center, a crisis residential center, or an evaluation facility under (a) or (b) of this section is released to the community, a mental health professional shall make reasonable efforts to inform the arresting officer and the arresting officer's employing agency of the planned release if the officer has specifically requested notification and provided the officer's contact information to the crisis stabilization center, crisis residential center, or evaluation facility.

(e) A peace officer is not liable for civil damages arising from an act or omission done with reasonable care and in good faith under this section.

(f) An agreement to participate in outpatient treatment or to be delivered to a crisis stabilization center, a crisis residential center, or an evaluation facility under (a) of this section

(1) may not require a person to stipulate to any facts regarding the alleged criminal activity as a prerequisite to participation in a mental health treatment alternative;

(2) is inadmissible in any criminal or civil proceeding; and

(3) does not create immunity from prosecution for the alleged criminal activity.

(g) If a person violates an agreement to be delivered to a crisis stabilization center, a crisis residential center, or an evaluation facility or to seek outpatient treatment under (a) of this section,

(1) a mental health professional shall make reasonable efforts to inform the arresting officer and the arresting officer's employing agency of the person's decision to leave the crisis stabilization center, crisis residential center, or evaluation facility; and

(2) the original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed as provided by law.

(h) Notwithstanding the other provisions of this section, charges may be filed or referred to the prosecutor, as appropriate, at any time in accordance with law.

(i) In this section,

(1) “crisis residential center” has the meaning given in AS 47.32.900;

(2) “crisis stabilization center” has the meaning given in AS 47.32.900;

(3) “evaluation facility” has the meaning given in AS 47.30.915;

(4) “mental health professional” has the meaning given in AS 47.30.915.

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Cite this article: FindLaw.com - Alaska Statutes Title 12. Code of Criminal Procedure § 12.25.031. Alternative to arrest - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-12-code-of-criminal-procedure/ak-st-sect-12-25-031/

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