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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 60. Post Conviction Determination of Mental Illness.
previous: Section 55
. Treatment For Other Defendants Not Limited.
next: Section 70
. Psychiatric Examination.
AS 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 of the defendant is not admitted at trial under AS 12.47.020
, and the defendant is convicted of a crime, the defendant, the prosecuting attorney, or the court on its own motion
may raise the issue of whether the defendant is guilty but mentally ill. A hearing must be held on this issue at or
before the sentencing hearing. At the hearing the court shall determine whether the defendant has been shown to be
guilty but mentally ill by a preponderance of the evidence presented at the hearing and any evidence relevant to the
issue that was presented at trial.
- (b) If the court finds that a defendant is guilty but mentally ill, it 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
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