2011 Alaska Statutes
Title 12. CODE OF CRIMINAL PROCEDURE
Chapter 12.47. INSANITY AND COMPETENCY TO STAND TRIAL
Sec. 12.47.060. Post conviction determination of mental illness.
(a) In a prosecution for a crime when the affirmative defense of insanity is not raised and when evidence of mental disease or defect of the defendant is not admitted at trial under AS 12.47.020 , and the defendant is convicted of a crime, the defendant, the prosecuting attorney, or the court on its own motion may raise the issue of whether the defendant is guilty but mentally ill. A hearing must be held on this issue at or before the sentencing hearing. At the hearing the court shall determine whether the defendant has been shown to be guilty but mentally ill by a preponderance of the evidence presented at the hearing and any evidence relevant to the issue that was presented at trial.
(b) If the court finds that a defendant is guilty but mentally ill, it shall sentence the defendant as provided by law and shall enter the finding of guilty but mentally ill as part of the judgment.
(c) A defendant determined to be guilty but mentally ill under this section is subject to the provisions of AS 12.47.050 .
(d) In this section, "guilty but mentally ill" has the meaning given in AS 12.47.030 .
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