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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 50. Disposition of Defendant Found Guilty But Mentally Ill.
previous: Section 40
. Form of Verdict When Evidence of Mental Disease or Defect Admissible.
next: Section 55
. Treatment For Other Defendants Not Limited.
AS 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 but mentally ill. The
treatment must continue until the defendant no longer suffers from a mental disease or defect that causes the defendant
to be dangerous to the public peace or safety. Subject to (c) and (d) of this section, the Department of Corrections
shall determine the course of treatment.
- (c) When treatment terminates under (b) of this section, the defendant shall be required to serve the remainder of the
- (d) Notwithstanding any contrary provision of law, a defendant receiving treatment under (b) of this section may not be
- (1) on furlough under AS 33.30.101
- 33.30.131, except for treatment in a secure
- (2) on parole.
- (e) Not less than 30 days before the expiration of the sentence of a defendant found guilty but mentally ill, the
commissioner of corrections shall file a petition under AS 47.30.700
for a screening investigation to determine the need for further treatment of the defendant if
- (1) the defendant is still receiving treatment under (b) of this section; and
- (2) the commissioner has good cause to believe that the defendant is suffering from a mental illness that causes the
defendant to be dangerous to the public peace or safety; in this paragraph, "mental illness" has the meaning given in
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