Alaska Statutes Title 12, Chapter 12.47 - Insanity and Competency to Stand Trial

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Sec. 12.47.092 Procedure for Conditional Release.
  (a) A defendant committed to the custody of the commissioner of health and social services under AS 12.47.090 (b) or (c) may be conditionally...
• Sec. 12.47.095 Notice to Victims.
  (a) If an offender has been committed to the custody of the commissioner of health and social services under AS 12.47.090 , the victim...
• 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...
• 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...
• 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...
• 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...

Last modified: November 15, 2016