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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 92. Procedure For Conditional Release.
previous: Section 90
. Procedure After Raising Defense of Insanity.
next: Section 95
. Notice to Victims.
AS 12.47.092. Procedure For Conditional Release.
- (a) A defendant committed to the custody of the commissioner of health and social 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 supervision of the Department of Health and Social Services, a local
government agency, a private agency, or an adult, who agrees to assume supervision of the defendant.
- (b) The commissioner of health and social services or the commissioner's authorized representative shall submit, at a
minimum, quarterly written reports to the court describing the defendant's progress in treatment, compliance with
conditions of release, and other information required by the court for defendants conditionally released under this
- (c) A person or agency responsible for supervision or treatment under an order for conditional release shall immediately
notify the commissioner of health and social services upon the defendant's failure to appear for required medication or
treatment, or for failure to comply with other conditions imposed by the court.
- (d) If the court, after petition or on its own motion, reasonably believes that a conditionally released defendant is
failing to adhere to the terms and conditions of the conditional release, the court may order that the conditionally
released defendant be apprehended and held until a hearing can be scheduled with the court to determine the facts and
whether or not the defendant's conditional release should be revoked or modified. Nothing in this subsection is
intended to limit procedures available for emergency situations, including emergency detention under AS 47.30.705
- (e) The commissioner of health and social services or the conditionally released defendant may petition the court for
modification of an order of conditional release. A petition by the defendant for modification of conditional release
may not be filed more often than once every six months.
- (f) A defendant conditionally released under AS 12.47.090
(j) may petition the court for discharge in accordance with AS 12.47.090
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