In Re Necessity for the Hospitalization of Jacob S.

by
The respondent in involuntary commitment and medication proceedings, Jacob S., appealed a few issues related to findings that he was mentally ill and posed a risk of harm to others. The superior court ordered both 30-and 90-day commitments, the latter following a jury trial. The court also entered medication orders after finding the respondent unable to make mental health treatment decisions. The primary argument respondent made on appeal of the commitment order, was: (1) when a respondent requests a jury trial on a 90-day commitment petition, who decides the factual underpinning for and the ultimate question of least restrictive alternative to commitment (the jury or the court); and (2) can a respondent be found incompetent under AS 47.0.837(d)(1) if only part of the requirements of that statute is not met? The Alaska Supreme Court concluded that: (1) the court decides the question of least restrictive alternative; and (2) yes, a respondent can be found incompetent if one part is not met. The Court therefore affirmed the superior court’s commitment and medication orders. View "In Re Necessity for the Hospitalization of Jacob S." on Justia Law