Section 12.47.050. Disposition of defendant found guilty but mentally ill.

   (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 treatment to a defendant found guilty but mentally ill. The treatment must continue until the defendant no longer suffers from a mental disease or defect that causes the defendant to be dangerous to the public peace or safety.  Subject to (c) and (d) of this section, the Department of Corrections shall determine the course of treatment.
   (c) When treatment terminates under (b) of this section, the defendant shall be required to serve the remainder of the sentence imposed.
   (d) Notwithstanding any contrary provision of law, a defendant receiving treatment under (b) of this section may not be released
        (1) on furlough under AS 33.30.101 - 33.30.131, except for treatment in a secure setting; or
        (2) on parole.
   (e) Not less than 30 days before the expiration of the sentence of a defendant found guilty but mentally ill, the commissioner of corrections shall file a petition under AS 47.30.700 for a screening investigation to determine the need for further treatment of the defendant if
        (1) the defendant is still receiving treatment under (b) of this section; and
        (2) the commissioner has good cause to believe that the defendant is suffering from a mental illness that causes the defendant to be dangerous to the public peace or safety; in this paragraph, "mental illness" has the meaning given in AS 47.30.915.

Authorities

12.47.030;12.47.040;12.47.055;12.47.060

Notes

References

AS 12.47.030 Guilty but mentally ill.
AS 12.47.040 Form of verdict in certain cases involving insanity or mental disease or defect.
AS 12.47.055 Treatment for other defendants not limited.
AS 12.47.060 Post conviction determination of mental illness.

History

(Sec. 22 ch 143 SLA 1982; am E.O. No. 55, Sec. 3, 4 (1984); am Sec. 5 ch 88 SLA 1986)