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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 110. Commitment On Finding of Incompetency.
previous: Section 100
. Incompetency to Proceed.
next: Section 120
. Determination of Sanity After Commitment.
AS 12.47.110. Commitment On Finding of Incompetency.
- (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 shall order the proceedings stayed, except as provided in (d) of
this section, and may commit the defendant to the custody of the commissioner of health and social services or the
commissioner's authorized representative for further evaluation and treatment until the defendant is mentally competent
to stand trial, or until the pending charges against the defendant are disposed of according to law, but in no event
longer than 90 days.
- (b) On or before the expiration of the initial 90-day period of commitment the court shall conduct a hearing to determine
whether or not the defendant remains incompetent. If the court finds by a preponderance of the evidence that the
defendant remains incompetent, the court may recommit the defendant for a second period of 90 days. The court shall
determine at the expiration of the second 90-day period whether the defendant has become competent. If at the
expiration of the second 90-day period the court determines that the defendant continues to be incompetent to stand
trial, the charges against the defendant shall be dismissed without prejudice and continued commitment of the defendant
shall be governed by the provisions relating to civil commitments under AS 47.30.700
- 47.30.915 unless the defendant is charged with a
crime involving force against a person and the court finds that the defendant presents a substantial danger of physical
injury to other persons and that there is a substantial probability that the defendant will regain competency within a
reasonable period of time, in which case the court may extend the period of commitment for an additional six months.
If the defendant remains incompetent at the expiration of the additional six-month period, the charges shall be
dismissed without prejudice and either civil commitment proceedings shall be instituted or the court shall order the
release of the defendant. If the defendant remains incompetent for five years after the charges have been dismissed
under this subsection, the defendant may not be charged again for an offense arising out of the facts alleged in the
original charges, except if the original charge is a class A felony or unclassified felony.
- (c) The defendant is not responsible for the expenses of hospitalization or transportation incurred as a result of the
defendant's commitment under this section. Liability for payment under AS 47.30.910
does not apply to commitments under this section.
- (d) A defendant receiving medication for either a physical or a mental condition may not be prohibited from standing
trial, if the medication either enables the defendant to understand the proceedings and to properly assist in the
defendant's defense or does not disable the defendant from understanding the proceedings and assisting in the
defendant's own defense.
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