(a) Nothing in this
section requires that the department accept custody of a prisoner or admit a
prisoner into a correctional or contract facility. The commissioner will
determine if the department will accept or admit a particular type of prisoner.
To determine if the department will accept or admit a particular type of
prisoner, the commissioner will consider factors that include the following:
(1) the legal status of the
prisoner;
(2) the mental or
physical health of the prisoner;
(3) the grounds for detention of the
prisoner;
(4) the circumstances
upon which the prisoner is being brought to the department, including which
agency seeks to relinquish custody of the prisoner to the department;
(5) the capability of the correctional or
contract facility to handle a particular type of prisoner.
(b) If the commissioner designates a
correctional or contract facility as appropriate to accept or admit a
particular type of prisoner under this section, a prisoner may not be accepted
by the department or admitted to that facility unless
(1) the arresting or transporting officer
produces commitment papers properly executed by a court;
(2) the arresting or transporting officer
executes a remand-to-custody order in the presence of the admitting facility
staff member;
(3) the officer who
has taken custody of a prisoner and seeks to admit that prisoner under
AS
47.30.700, produces a court order of
commitment or indicates that a judge has issued an oral order of commitment,
which must be verified by the admitting staff member; or
(4) the officer who has taken custody of a
person and seeks to admit that person under
AS
47.30.705 or
AS
47.37.170(a) or (b),
respectively, executes a remand-to-custody order in the presence of the
admitting staff member and certifies in writing that the officer has exhausted
all other alternatives for placement under
AS
47.30.705 or
AS
47.37.170(a) or (b),
respectively, and
(A) for admittance under
AS
47.30.705, further certifies that the officer
has probable cause to believe that the person is gravely disabled or is
suffering from mental illness and is likely to cause serious harm to self or
others of such immediate nature that considerations of safety do not allow
initiation of involuntary commitment procedures set out in
AS
47.30.700; or
(B) for admittance under
AS
47.37.170(a) or (b), further
certifies that the person is intoxicated or incapacitated by alcohol.
(c) The commissioner
will designate in writing which correctional and contract facilities are
appropriate to accept or admit a particular type of prisoner that is remanded
under (b) of this section.
