Section 26.05.565. Lack of mental capacity or mental responsibility; commitment of accused for examination and treatment.

   (a) An accused who, as a result of a mental disease or defect that renders the accused incompetent to the extent that the accused is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case, may not be tried, convicted, or sentenced for an offense under this chapter as long as the incompetency exists.
   (b) If trial counsel or defense counsel has reason to believe that the accused is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case, counsel may file a motion with the military judge assigned to the case for a determination of the competency of the accused. Upon the motion, or on the judge's own motion, the court shall order an examination to be conducted and make a determination in accordance with the requirements of AS 12.47.100. If the military judge determines that the accused must be committed for the purpose of examination, and the accused is not otherwise subject to commitment under AS 47.30.700 - 47.30.915, the military judge shall order the convening authority to seek the assistance of the attorney general in seeking a commitment under AS 12.47.100.
   (c) If the military court determines that the accused is incompetent to stand trial and the accused is not otherwise subject to commitment under AS 47.30.700 - 47.30.915, the military judge shall order the convening authority to seek the assistance of the attorney general in seeking a commitment under AS 12.47.110.
   (d) If, at the end of a period of commitment under (b) and (c) of this section, it is determined that the accused's mental condition has not improved so as to permit the trial to proceed, the charges shall be dismissed without prejudice, and continued commitment proceedings shall be governed by the provisions relating to civil commitment under AS 47.30.700 - 47.30.915. If the accused remains incompetent for five years after the charges have been dismissed under this subsection, the accused may not be charged again for an offense under this chapter arising out of the facts alleged in the original charges.
   (e) When the custodian of an accused person hospitalized under (c) of this section determines that the person has recovered to the extent that the accused is able to understand the nature of the proceedings against the accused and to conduct or cooperate intelligently in the defense of the case, the custodian shall promptly transmit a notification of the determination to the general court-martial convening authority for the accused and trial and defense counsel.
   (f) Upon receipt of the notice, the convening authority shall promptly take custody of the accused unless the accused is no longer a member of the militia.
   (g) If the accused remains a member of the militia, the military judge detailed to the case shall conduct the hearing required under AS 12.47.120. If the judge finds the accused competent, the court-martial shall be assembled.
   (h) The custodian of the accused person may retain custody of the person for not more than 30 days after transmitting the notifications required under (e) of this section.
   (i) If, during a period of commitment under this section, the accused is no longer a member of the militia, the convening authority shall promptly notify the custodian and the attorney general; the custodian and the attorney general may take further action that is legally permissible.

Notes

History

(Sec. 4 ch 55 SLA 2016)