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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 90. Procedure After Raising Defense of Insanity.
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Section 80. Procedure Upon Verdict of Not Guilty.
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Section 92. Procedure For Conditional Release.
AS 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 presently suffering from any mental illness that causes the defendant to be dangerous to the public
peace or safety.
- (b) If the defendant is found not guilty by reason of insanity under AS 12.47.010
or 12.47.020(b), and has not filed the notice
required under (a) of this section, the court shall immediately commit the defendant to the custody of the commissioner
of family and community services.
- (c) If the defendant is found not guilty by reason of insanity under AS 12.47.010
or 12.47.020(b), and has filed the notice required
under (a) of this section, a hearing shall be held immediately after a verdict of not guilty by reason of insanity to
determine the necessity of commitment. The hearing shall be held before the same trier of fact as heard the underlying
charge. At the hearing, the defendant has the burden of proving by clear and convincing evidence that the defendant is
not presently suffering from any mental illness that causes the defendant to be dangerous to the public. If the court
or jury determines that the defendant has failed to meet the burden of proof, the court shall order the defendant
committed to the custody of the commissioner of family and community services. If the hearing is before a jury, the
verdict must be unanimous.
- (d) A defendant committed under (b) or (c) of this section shall be held in custody for a period of time not to exceed the
maximum term of imprisonment for the crime for which the defendant was acquitted under AS 12.47.010
or 12.47.020(b) or until the mental illness is cured
or corrected as determined at a hearing under (e) of this section.
- (e) A defendant committed under (b) or (c) of this section may have the need for continuing commitment under this section
reviewed by the court sitting without a jury under a petition filed in the superior court at intervals beginning no
sooner than a year from the defendant's initial commitment, and yearly thereafter. The burden and standard of proof at
a hearing under this subsection are the same as at a hearing under (c) of this section. A copy of all petitions for
release shall be served on the attorney general at Juneau, Alaska. A copy shall also be served upon the attorney of
record, if the attorney of record is not the attorney general, who represented the state or a municipality at the time
the defendant was first committed.
- (f) Continued commitment following expiration of the maximum term of imprisonment for the crime for which the defendant
was acquitted under AS 12.47.010
or 12.47.020(b) is governed by the standards
pertaining to civil commitments as set out in AS 47.30.735
.
- (g) A person committed under this section may not be released during the term of commitment except upon court order
following a hearing in accordance with (e) of this section. On the grounds that the defendant has been cured of any
mental illness that would cause the defendant to be dangerous to the public peace or safety, the state may at any time
request the court to hold a hearing to decide if the defendant should be released.
- (h) The commissioner of family and community services or the commissioner's authorized representative shall submit periodic
written reports to the court on the mental condition of a person committed under this section.
- (i) An order entered under (c) or (e) of this section may be reviewed by the court of appeals on appeal brought by either
the defendant or the state within 40 days from the entry of the order.
- (j) If the court finds that a defendant committed under (b) or (c) of this section can be adequately controlled and
treated in the community with proper supervision, the court may order the defendant conditionally released from
confinement under AS 12.47.092
for a period of time not to exceed the maximum term of imprisonment for the crime for which the defendant was
acquitted under AS 12.47.010
or 12.47.020(b) or until the mental illness is cured
or corrected, whichever first occurs, as determined at a hearing under (c) of this section.
- (k) In this section,
- (1) "dangerous" means a determination involving both the magnitude of the risk that the defendant will commit an act
threatening the public peace or safety, as well as the magnitude of the harm that could be expected to result from this
conduct; a finding that a defendant is "dangerous" may result from a great risk of relatively slight harm to persons or
property, or may result from a relatively slight risk of substantial harm to persons or property;
- (2) "mental illness" means any mental condition that increases the propensity of the defendant to be dangerous to the
public peace or safety; however, it is not required that the mental illness be sufficient to exclude criminal
responsibility under AS 12.47.010
, or that the mental illness presently suffered by the defendant be the same one the defendant suffered at the time of
the criminal conduct.
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