Sec. 12.47.070. Psychiatric examination.
(a) If a defendant has filed a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or there is reason to doubt the defendant’s fitness to proceed, or there is reason to believe that a mental disease or defect of the defendant will […]
Sec. 12.47.080. Procedure upon verdict of not guilty.
(a) If a defendant is found not guilty under AS 12.47.040(a)(2), the prosecuting attorney shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if the prosecuting attorney has good cause to believe that the defendant is suffering from a mental illness and as a […]
Sec. 12.47.090. Procedure after raising defense of insanity.
(a) At the time the defendant files notice to raise the affirmative defense of insanity under AS 12.47.010 or files notice under AS 12.47.020(a), the defendant shall also file notice as to whether, if found not guilty by reason of insanity under AS 12.47.010 or 12.47.020(b), the defendant will assert that the defendant is not […]
Sec. 12.47.092. Procedure for conditional release.
(a) A defendant committed to the custody of the commissioner of family and community services under AS 12.47.090(b) or (c) may be conditionally released from confinement subject to the conditions and requirements for treatment that the court may impose, and placed under the supervision of the Department of Family and Community Services, a local government […]
Sec. 12.47.095. Notice to victims.
(a) If an offender has been committed to the custody of the commissioner of family and community services under AS 12.47.090, the victim of that crime is entitled to notice of a pending or actual change in the status of the offender. The commissioner of family and community services shall give notice as required by […]
Sec. 12.47.100. Incompetency to proceed.
(a) A defendant who, as a result of mental disease or defect, is incompetent because the defendant is unable to understand the proceedings against the defendant or to assist in the defendant’s own defense may not be tried, convicted, or sentenced for the commission of a crime so long as the incompetency exists. (b) If, […]
Sec. 12.47.110. Commitment on finding of incompetency.
(a) When the trial court determines by a preponderance of the evidence, in accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is unable to understand the proceedings against the defendant or to assist in the defendant’s own defense, the court shall order the proceedings stayed, except as provided in (d) […]
Sec. 12.47.120. Determination of sanity after commitment.
(a) When, in the medical judgment of the custodian of an accused person committed under AS 12.47.110, the accused is considered to be mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, evidence as to the mental condition of the accused […]
Sec. 12.47.130. Definitions.
In this chapter, (1) “affirmative defense” has the meaning given in AS 11.81.900(b); (2) “assist in the defendant’s own defense” means to consult with a lawyer while exercising a reasonable degree of rational functioning; (3) “culpable mental state” has the meaning given in AS 11.81.900(b); (4) “incompetent” means a defendant is unable to understand the […]
Sec. 12.47.060. Post conviction determination of mental illness.
(a) In a prosecution for a crime when the affirmative defense of insanity is not raised and when evidence of mental disease or defect of the defendant is not admitted at trial under AS 12.47.020, the defendant or the prosecuting attorney may raise the issue of whether the defendant is guilty but mentally ill. A […]