In the Matter of the Necessity for the Hospitalization of Luciano G.

Summary

The Alaska Supreme Court affirmed Luciano G.'s 30-day involuntary commitment to the Alaska Psychiatric Institute. It held that nonverbal conduct may constitute threatening harm under the commitment statute and that Luciano's loaded, unsecured firearms, aggressive body language, and other conduct supported the required clear-and-convincing finding that he was likely to harm others. It also held that the evidence supported the finding that no less restrictive alternative was available because Luciano lacked a verified place to stay and was unlikely to pursue treatment if released.