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Alaska Statutes, Title 12

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Alaska/Statutes

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Title 12, Code of Criminal Procedure

26 chapters · 318 sections in this title.

All chapters in Title 12318 Ch 55, Sentencing and Probation.38 Ch 70, Uniform Criminal Extradition Act.29 Ch 25, Arrests and Citations.25 Ch 75, Habeas Corpus.23 Ch 60, Prevention of Crimes.21 Ch 45, Trial, Evidence, Compromise.20 Ch 37, Interceptions and Access to Communic…17 Ch 47, Insanity and Competency to Stand Trial.16 Ch 30, Bail.15 Ch 61, Rights of Victims; Protection of Vic…15 Ch 62, Criminal Justice Information and Rec…14 Ch 40, Grand Jury.11 Ch 65, Death Investigations and Medical Exa…11 Ch 36, Disposition of Recovered or Seized P…10

16 sections·Filtered byTitle 12✕Ch 47✕

AS 12.47.010 Insanity as affirmative defense.
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(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 i…
AS 12.47.020 Mental disease or defect negating culpable mental state.
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(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 neg…
AS 12.47.030 Guilty but mentally ill.
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(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 req…
AS 12.47.040 Form of verdict in certain cases involving insanity or mental disease or defect.
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(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, …

AS 12.47.050 Disposition of defendant found guilty but mentally ill.

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(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 trea…

AS 12.47.055 Treatment for other defendants not limited.

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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.

AS 12.47.060 Post-conviction determination of mental illness.

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(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 defenda…

AS 12.47.070 Psychiatric or psychological examination.

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(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 notice under AS 12.47.020(a), or there is reason to doubt the defendant's fitness to proceed, or there is reason to believe that a mental disease or d…

AS 12.47.080 Procedure upon verdict of not guilty.

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(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 47.30.700 for a screening investigation to determine the need for treatment if the prosecuting attorney has good cause to believe that the de…

AS 12.47.090 Procedure after raising defense of insanity.

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(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 …

AS 12.47.092 Procedure for conditional release.

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(a) A defendant committed to the custody of the commissioner of family and community services under AS 12.47.090(b) or (c) may be conditionally released from confinement subject to the conditions and requirements for treatment that the court may impose, and placed under the super…

AS 12.47.095 Notice to victims.

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(a) If an offender has been committed to the custody of the commissioner of family and community services under AS 12.47.090, the victim of that crime is entitled to notice of a pending or actual change in the status of the offender. The commissioner of family and community servi…

AS 12.47.100 Incompetency to proceed.

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(a) A defendant who, as a result of mental disease or defect, is incompetent because the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense may not be tried, convicted, or sentenced for the commission of a crime so …

AS 12.47.110 Commitment on finding of incompetency.

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(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 that the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense, the court shal…

AS 12.47.120 Determination of sanity after commitment.

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(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 mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, …

AS 12.47.130 Definitions.

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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 lawyer while exercising a reasonable degree of rational functioning; (3) “culpable mental state” has the meaning given in AS 11…