(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 party that seeks a post-conviction determination of guilty but mentally ill must give notice 10 days before trial of intent to do so; however, this deadline is waived if the opposing party presents evidence or argument at trial tending to show that the defendant may be guilty but mentally ill. A hearing must be held on this issue before the same fact finder that returned the verdict of guilty under procedures set by the court. In cases decided by a jury, at the request of the defendant and with the concurrence of the prosecuting attorney, the court may decide the issue. A waiver of consideration by a jury must be in writing and in person before the court. At the hearing, the fact finder shall determine whether the defendant has been shown to be guilty but mentally ill beyond a reasonable doubt, considering evidence presented at the hearing and any evidence relevant to the issue that was presented at trial.
(b) If the fact finder finds that a defendant is guilty but mentally ill, the court shall sentence the defendant as provided by law and shall enter the finding of guilty but mentally ill as part of the judgment.
(c) A defendant determined to be guilty but mentally ill under this section is subject to the provisions of AS 12.47.050 .
(d) In this section, "guilty but mentally ill" has the meaning given in AS 12.47.030 .
Section: Previous 12.47.010 12.47.020 12.47.030 12.47.040 12.47.050 12.47.055 12.47.060 12.47.070 12.47.080 12.47.090 12.47.092 12.47.095 12.47.100 12.47.110 12.47.120 NextLast modified: November 15, 2016