(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 Alaska Stat. § 47.37.170 – 47.37.180, or who petitions for commitment under Alaska Stat. § 47.37.180 – 47.37.205, is not subject to civil or criminal liability.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $50,000
For details, see Alaska Stat. § 12.55.125
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Alaska Statutes 47.37.235

  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • 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 Alaska Stat. § 47.37.170 – 47.37.270 or for releasing a person under Alaska Stat. § 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 Alaska Stat. § 47.37.170 – 47.37.270;
(4) a peace officer or other person responsible for detaining or transporting a person under Alaska Stat. § 47.37.170 – 47.37.270.
(c) A person who knowingly initiates an involuntary commitment petition under Alaska Stat. § 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.
  Previous section
Next section  
 Chapter 37 Contents