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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 70. Psychiatric Examination.
previous: Section 60
. Post Conviction Determination of Mental Illness.
next: Section 80
. Procedure Upon Verdict of Not Guilty.
AS 12.47.070. Psychiatric Examination.
- (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 defect of the defendant will otherwise become an issue in the case, the court shall appoint at least two
qualified psychiatrists or two forensic psychologists certified by the American Board of Forensic Psychology to examine
and report upon the mental condition of the defendant. If the court appoints psychiatrists, the psychiatrists may
select psychologists to provide assistance. If the defendant has filed notice under AS 12.47.090
(a), the report shall consider whether the defendant can still be committed under AS 12.47.090
(c). The court may order the defendant to be committed to a secure facility for the purpose of the examination for not
more than 60 days or such longer period as the court determines to be necessary for the purpose and may direct that a
qualified psychiatrist retained by the defendant be permitted to witness and participate in the examination.
- (b) In an examination under (a) of this section, any method may be employed which is accepted by the medical profession
for the examination of those alleged to be suffering from mental disease or defect.
- (c) The report of an examination under (a) of this section shall include the following:
- (1) a description of the nature of the examination;
- (2) a diagnosis of the mental condition of the defendant;
- (3) if the defendant suffers from a mental disease or defect, an opinion as to the defendant's capacity to understand the
proceedings against the defendant and to assist in the defendant's defense;
- (4) if a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010
(b) has been filed, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the
nature and quality of the defendant's conduct was impaired at the time of the crime charged; and
- (5) if notice has been filed under AS 12.47.020
(a), an opinion as to the capacity of the defendant to have a culpable mental state which is an element of the crime
- (d) If the examination under (a) of this section cannot be conducted by reason of the unwillingness of the defendant to
participate in it, the report shall so state and shall include, if possible, an opinion as to whether the unwillingness
of the defendant was the result of mental disease or defect.
- (e) The report of the examination under (a) of this section shall be filed with the clerk of the court, who shall cause
copies to be delivered to the prosecuting attorney and to counsel for the defendant.
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