Key Information

Relevant Statutes and Rules

Alaska Stat. Ann. §§ 12.47.70, 12.47.092, § 12.47.095, 12.47.100, 12.47.110, 12.47.130

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

§ 12.47.100

Qualifications of examiners

Qualified psychiatrist or psychologist

§ 12.47.100(b)

What must the evaluation report contain

The report of an examination under (a) of this section shall include the following:
(1) a description of the nature of the examination;
(2) a diagnosis of the mental condition of the defendant;
(3) if the defendant suffers from a mental disease or defect, an opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's defense;
(4) if a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010(b) has been filed, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the nature and quality of the defendant's conduct was impaired at the time of the crime charged; and
(5) if notice has been filed under AS 12.47.020(a), an opinion as to the capacity of the defendant to have a culpable mental state which is an element of the crime charged.

§ 12.47.070(c)

(j) If the defendant is charged with a felony offense against a person under AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an examination under (b) of this section may, at the same time, evaluate the defendant to determine whether the defendant meets the standards for involuntary commitment under AS 47.30.700--47.30.915.

Alaska Stat. Ann. § 12.47.100 (West)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

"The court may order a defendant to receive further evaluation and treatment under (a) or (b) of this section at an outpatient clinic or other facility as a condition of the defendant's release under AS 12.30. In considering the conditions of a defendant's release under this subsection, the court shall, in addition to any applicable requirement under AS 12.30, consider
(1) any medical information provided by the Department of Family and Community Services;
(2) the defendant's mental condition;
(3) the defendant's level of need for evaluation and treatment under this chapter;
(4) the defendant's ability to participate in outpatient treatment; and
(5) the defendant's history of evaluation and treatment under this chapter."

§ 12.47.110(a)

What is the test for restorability

"substantial probability that the defendant will regain competency within a reasonable period of time"

§ 12.47.110(b)

What is the procedure after restoration

(a) When, in the medical judgment of the custodian of an accused person committed under AS 12.47.110, the accused is considered to be mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, evidence as to the mental condition of the accused may be submitted including reports by the custodian to whom the accused was committed for care.
(b) If at the hearing the court determines that the accused is presently mentally competent to understand the nature of the proceedings against the accused and to assist in the accused's own defense, appropriate criminal proceedings may be commenced against the accused.

Alaska Stat. Ann. § 12.47.120 (West)

What is the procedure if there is a finding of unrestorability

None stated.

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"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"

"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."

Alaska Stat. Ann. § 12.47.110 (West)
§ 12.47.110 (b)

(g) Before criminal charges against a defendant charged with a felony offense against a person under AS 11.41 or felony arson are dismissed under (b) of this section, the prosecutor shall
(1) file a petition seeking involuntary commitment of the defendant under AS 47.30.706 before dismissal of the charges;
(2) notify the division of the Department of Law that has responsibility for civil cases of the petition within 24 hours after filing the petition; and
(3) provide the court's findings to the division of the Department of Law that has responsibility for civil cases within 24 hours after the court's ruling.

Alaska Stat. Ann. § 12.47.110 (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

180 days
plus 6 mos. if "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 there is a substantial probability that the defendant will regain competency within a reasonable period of time"

§ 12.47.110(b)