Sec. 12.47.030. Guilty but mentally ill.
(a) A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law. A defendant found guilty but […]
Sec. 12.47.040. Form of verdict in certain cases involving insanity or mental disease or defect.
(a) In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020, the trier of fact shall find, and the verdict shall state, whether the defendant is (1) guilty; […]
Sec. 12.47.050. Disposition of defendant found guilty but mentally ill.
(a) If the trier of fact finds that a defendant is guilty but mentally ill, the court shall sentence the defendant as provided by law and shall enter the verdict of guilty but mentally ill as part of the judgment. (b) The Department of Corrections shall provide mental health treatment to a defendant found guilty […]
Sec. 12.47.055. Treatment for other defendants not limited.
Nothing in AS 12.47.050 limits the discretion of the court to recommend, or of the Department of Corrections to provide, psychiatrically indicated treatment for a defendant who is not adjudged guilty but mentally ill.
Sec. 12.47.010. Insanity as affirmative defense.
(a) In a prosecution for a crime, it is an affirmative defense that when the defendant engaged in the criminal conduct, the defendant was unable, as a result of a mental disease or defect, to appreciate the nature and quality of that conduct. (b) The affirmative defense defined in (a) of this section may not […]
Sec. 12.47.020. Mental disease or defect negating culpable mental state.
(a) Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a culpable mental state which is an element of the crime. However, evidence of mental disease or defect that tends to negate a culpable mental state is […]