reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 4. Police Use of Body Wires. › Sec. 12.37.400. Police use of body wire.

(a) A peace officer may intercept an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, if
(1) the interception and monitoring occurs
(A) during the investigation of a crime or the arrest of a person for a crime; and
(B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
(2) the peace officer intercepting the conversation is a party to the oral communication and has consented to the interception; and
(3) the communication intercepted is not recorded.
(b) A peace officer monitoring a receiving unit under (a) of this section, or any other person intercepting an oral communication transmitted under (a) of this section, is not competent to testify in a criminal proceeding involving a party to the oral communication about the contents of the oral communication that was intercepted or the fact that the communication occurred.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 5. General Provisions. › Sec. 12.37.900. Definitions.

In this chapter,
(1) “communications common carrier” has the meaning given in AS 42.20.390;
(2) “contents” has the meaning given in AS 42.20.390;
(3) “court” means superior court, except that in AS 12.37.200 it means either superior or district court;
(4) “electronic communication” has the meaning given in AS 42.20.390;
(5) “electronic communication service” has the meaning given in AS 42.20.390;
(6) “electronic storage” means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication, and any storage of the communication by an electronic communication service for purposes of backup protection of the communication;
(7) “in-progress trace” means to determine the origin of a wire communication to a telephone instrument, equipment, or facility during the course of the communication;
(8) “intercept” has the meaning given in AS 42.20.390;
(9) “official proceeding” means a judicial, legislative, or administrative proceeding or any other proceeding before a government agency or official authorized to hear evidence under oath, other than a grand jury;
(10) “oral communication” has the meaning given in AS 42.20.390;
(11) “peace officer” has the meaning given in AS 11.81.900(b);
(12) “pen register” means a device or apparatus that is connected to a telephone instrument, equipment, or facility to determine the destination of a wire communication to a telephone instrument, equipment, or facility, but that does not intercept the contents of the communication; “pen register” does not include a device used by a provider or customer of a wire or electronic communication service for billing, or for recording as an incident to billing, for communications services provided by the provider, nor a device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(13) “private communication” has the meaning given in AS 42.20.390;
(14) “trap device” means a device or apparatus that is connected to a telephone instrument, equipment, or facility to determine the origin of a wire communication to the telephone instrument, equipment, or facility, but that does not intercept the contents of the communication;
(15) “wire communication” has the meaning given in AS 42.20.390.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 40. Grand Jury › Sec. 12.40.060. Access to public jails, prisons, and public records.

The grand jury is entitled to access, at all reasonable times, to the public jails and prisons, to offices pertaining to the courts of justice in the state, and to all other public offices, and to the examination of all public records in the state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 40. Grand Jury › Sec. 12.40.070. Duty of prosecuting attorney.

The prosecuting attorney
(1) shall submit an indictment to the grand jury and cause the evidence in support of the indictment to be brought before them in every case when a person is held to answer a criminal charge in the court where the jury is formed;
(2) may submit an indictment in any case when the prosecuting attorney has good reason to believe a crime has been committed that is triable by the court; and
(3) shall, when required by the grand jury, prepare indictments or presentments for them and attend their sittings to advise them in relation to their duties or to examine witnesses in their presence.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 40. Grand Jury › Sec. 12.40.090. Questioning juror for conduct.

A grand juror cannot be questioned for anything the juror may say or any vote the juror may give while acting as a grand juror, in relation to any matter legally pending before the grand jury, except for a perjury of which the juror may have been guilty in giving testimony before that jury.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 40. Grand Jury › Sec. 12.40.100. Contents of indictment.

(a) The indictment must be direct and certain as it regards
(1) the party charged;
(2) the crime charged; and
(3) the particular circumstances of the crime charged when they are necessary to constitute a complete crime.
(b) The statement of the facts constituting the offense must be in ordinary and concise language, without repetition, and in a manner that will enable a person of common understanding to know what is intended.
(c) An indictment that complies with this section and with applicable rules adopted by the supreme court is valid and need not specify aggravating factors set out in AS 12.55.155.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 40. Grand Jury › Sec. 12.40.110. Hearsay evidence in prosecutions for sexual offenses.

(a) In a prosecution for an offense under AS 11.41.410 - 11.41.458, hearsay evidence of a statement related to the offense, not otherwise admissible, made by a child who is the victim of the offense may be admitted into evidence before the grand jury if
(1) the circumstances of the statement indicate its reliability;
(2) the child is under 10 years of age when the hearsay evidence is sought to be admitted;
(3) additional evidence is introduced to corroborate the statement; and
(4) the child testifies at the grand jury proceeding or the child will be available to testify at trial.
(b) In this section “statement” means an oral or written assertion or nonverbal conduct if the nonverbal conduct is intended as an assertion.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 1. Trial Jury. › Sec. 12.45.015. Introduction of victim and defendant to jury.

(a) During jury selection or as part of an opening statement at trial, the prosecuting attorney may introduce the victim to the jury, and the attorney for the defendant may introduce the defendant to the jury.
(b) In this section, “victim” has the meaning given in AS 12.55.185.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 1. Trial Jury. › Sec. 12.45.018. Juror counseling following graphic evidence or testimony.

(a) The trial judge may offer not more than 10 hours of post-trial psychological counseling, without charge, to a juror or an alternate juror who serves on a trial jury in a trial involving extraordinarily graphic, gruesome, or emotional evidence or testimony.
(b) The counseling offered under (a) of this section applies only to a juror or alternate juror who serves on a trial jury for a trial involving the following offenses:
(1) murder under AS 11.41.100 and 11.41.110;
(2) manslaughter under AS 11.41.120;
(3) criminally negligent homicide under AS 11.41.130;
(4) felonious assault under AS 11.41.200 - 11.41.220;
(5) a sexual offense under AS 11.41.410 - 11.41.460.
(c) The counseling offered under (a) of this section
(1) must occur not later than 180 days after the jury is dismissed;
(2) may be provided by the court system, by a state agency, or by contract; and
(3) may be individual or group counseling.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.020. Conviction on testimony of accomplice and corroboration.

A conviction shall not be had on the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the crime; and the corroboration is not sufficient if it merely shows the commission of the crime or the circumstances of the commission.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.035. Admissibility of DNA profiles.

(a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence.
(b) In this section,
(1) “deoxyribonucleic acid” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;
(2) “DNA profile”
(A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;
(B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.037. Admissibility of expert testimony relating to criminal street gang activity.

(a) In a criminal prosecution, expert testimony is admissible to show, in regard to a specific criminal street gang or criminal street gangs whose conduct is relevant to the case,
(1) common characteristics of persons who are members of the criminal street gang or criminal street gangs;
(2) rivalries between specific criminal street gangs;
(3) common practices and operations of the criminal street gang or criminal street gangs and the members of those gangs;
(4) social customs and behavior of members of the criminal street gang or the criminal street gangs;
(5) terminology used by members of the criminal street gang or the criminal street gangs;
(6) codes of conduct of the particular criminal street gang or criminal street gangs; and
(7) the types of crimes that are likely to be committed by the particular criminal street gang.
(b) In this section, “criminal street gang” has the meaning given in AS 11.81.900(b).
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.042. Mental examination of victim.

In a criminal prosecution under AS 11.41, the court may not order or compel the victim to undergo a psychiatric or psychological examination unless
(1) the victim's psychiatric or psychological condition is an element of the offense charged; or
(2) the prosecution has given notice that it will present evidence at trial that the victim suffers from a continuing psychological or psychiatric condition that resulted from the offense charged.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.045. Evidence of past sexual conduct in trials of certain sexual offenses.

(a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, unlawful exploitation of a minor, or an attempt to commit any of these crimes, evidence of the sexual conduct of the complaining witness, occurring either before or after the offense charged, may not be admitted nor may reference be made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit the evidence for any purpose, the defendant shall apply for an order of the court not later than five days before trial or at a later time as the court may, for good cause, permit. The defendant may, for good cause shown, apply for an order during trial if the request is based on information learned after the deadline or during the trial. After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and that the probative value of the evidence offered is not outweighed by the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the complaining witness, the court shall make an order stating what evidence may be introduced and the nature of the questions that may be permitted. The defendant may then offer evidence under the order of the court.
(b) In the absence of a persuasive showing to the contrary, evidence of the complaining witness' sexual conduct occurring more than one year before the date of the offense charged is presumed to be inadmissible under this section.
(c) In this section “complaining witness” means the alleged victim of the crime charged, the prosecution of which is subject to this section.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.049. Privilege relating to domestic violence and sexual assault counseling.

Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged under AS 18.66.200 - 18.66.250.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.050. Limitation on discovery of statement of prosecution witness.

In a criminal prosecution, no statement or report in the possession of the state which was made by a prosecution witness or prospective prosecution witness (other than the defendant) to an agent of the state may be the subject of subpoena, discovery, or inspection until the witness has testified on direct examination at the preliminary hearing, or in the trial of the case.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.060. Discovery after direct examination of witness.

After a witness called by the state has testified on direct examination, the court shall, on motion of the defendant, order the state to produce any statement of the witness in the possession of the state that relates to the subject matter as to which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for examination and use.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.070. Discovery of portions of statement.

If the state claims that any statement ordered to be produced under AS 12.45.060 contains matter that does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in chambers. Upon delivery the court shall excise the portions of the statement that do not relate to the subject matter of the testimony of the witness. With the material excised, the court shall then direct delivery of the statement to the defendant for the use of the defendant. If, pursuant to this procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. When a statement is delivered to a defendant, the court may recess the trial for the defendant's examination of the statement and preparation for its use in the trial.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.080. Disposition of proceeding upon failure of state to comply with order.

If the state elects not to comply with an order of the court to deliver to the defendant a statement or a portion of a statement as the court may direct, the court shall strike from the record the testimony of the witness, and the preliminary hearing or trial shall proceed unless the court in its discretion determines that the interests of justice require that the preliminary hearing be terminated immediately or a mistrial be declared.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.082. Definition of “statement”.

In AS 12.45.060 - 12.45.080, the term “statement,” in relation to any witness called by the state, means
(1) a written statement made by the witness and signed or otherwise adopted or approved by the witness; or
(2) a stenographic, mechanical, electrical, or other recording, or a transcription of the statement that is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.083. Mental disease or defect excluding responsibility. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]

For present provisions, see AS 12.47.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.084. Laboratory report of controlled substances.

(a) In a prosecution under AS 11.71.010 - 11.71.060, a complete copy of an official laboratory report from the Department of Public Safety or a laboratory operated by another law enforcement agency is prima facie evidence of the content, identity, and weight of a controlled substance. The report must be signed by the person performing the analysis and must state that the substance which is the basis of the alleged offense has been weighed and analyzed. In the report, the author shall state with specificity findings as to the content, weight, and identity of the substance.
(b) A sworn statement prepared by the author of the report provided for in (a) of this section must be attached to the report. The statement must set out the identity of the author and include a statement that the author is an employee of the laboratory issuing the report and that performing the analysis is a part of the author's regular duties. The statement must also include an outline of the author's education, training, and experience for performing an analysis. The author shall state that scientifically accepted tests were performed with due caution, and whether to the author's knowledge the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory.
(c) The prosecuting attorney shall serve a copy of the report on the attorney of record for the accused, or on the defendant if the defendant has no attorney, not later than 20 days before a proceeding in which the report is to be used against the accused. However, at a preliminary hearing or grand jury proceeding, the report may be used without having previously been served upon the accused.
(d) The accused or the accused's attorney may demand the testimony of the person signing the report, by serving a written demand showing cause upon the prosecuting attorney within seven days from receipt of the report.
(e) A report issued for use under this section must contain notice of the right of the accused to demand the testimony of the person signing the report.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.085. Evidence of mental disease or defect. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]

For present provisions, see AS 12.47.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Sec. 12.45.086. Photographic evidence of property wrongfully taken or damaged.

(a) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property, photographs of the property are competent evidence of the property and are admissible in the proceeding to the same extent as if the property had been introduced as evidence.
(b) Photographs of property that are to be introduced as evidence under this section shall be accompanied by a written description of the property, the name of the owner of the property, the location where the alleged crime occurred, the name of the investigating peace officer, the date the photograph was taken, and the name and signature of the photographer. The written description shall be signed by the investigating peace officer under penalty of perjury under AS 09.63.020.
(c) In a prosecution for a violation of AS 11.46.120 - 11.46.150 in which the property is commercial fishing gear as defined in AS 16.43.990, the gear shall be returned to the owner as soon as possible. The prosecutor may obtain photographs of the gear for use as evidence in accordance with (a) and (b) of this section.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 2. Discovery, Testimony, and Evidence. › Secs. 12.45.087 - 12.45.115. Psychiatric examination; procedure. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]

For present provisions, see AS 12.47.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 3. Compromise and Satisfaction. › Sec. 12.45.120. Authority to compromise misdemeanors for which victim has civil action.

If a defendant is held to answer on a charge of misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised except when it was committed
(1) by or upon a peace officer, judge, or magistrate while in the execution of the duties of that office;
(2) riotously;
(3) with an intent to commit a felony;
(4) larcenously;
(5) against
(A) a spouse or a former spouse of the defendant;
(B) a parent, grandparent, child, or grandchild of the defendant;
(C) a member of the social unit comprised of those living together in the same dwelling as the defendant; or
(D) a person who is not a spouse or former spouse of the defendant but who previously lived in a spousal relationship with the defendant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 45. Trial, Evidence, Compromise › Article 3. Compromise and Satisfaction. › Sec. 12.45.130. Acknowledgment of satisfaction by injured party.

If the party injured appears before the court in which the defendant is bound to appear, at any time before trial, and acknowledges in writing that satisfaction has been received for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed and the defendant discharged. The order is a bar to another prosecution for the same crime.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.010. Insanity as affirmative defense.

(a) In a prosecution for a crime, it is an affirmative defense that when the defendant engaged in the criminal conduct, the defendant was unable, as a result of a mental disease or defect, to appreciate the nature and quality of that conduct.
(b) The affirmative defense defined in (a) of this section may not be raised at trial unless the defendant, within 10 days of entering a plea or such later time as the court may for good cause permit, files a written notice of intent to rely on the defense.
(c) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the affirmative defense under (a) of this section.
(d) The affirmative defense specified in (a) of this section is the affirmative defense of insanity. A defendant who successfully raises the affirmative defense of insanity shall be found not guilty by reason of insanity and the verdict shall so state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.020. Mental disease or defect negating culpable mental state.

(a) Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a culpable mental state which is an element of the crime. However, evidence of mental disease or defect that tends to negate a culpable mental state is not admissible unless the defendant, within 10 days of entering a plea, or at such later time as the court may for good cause permit, files a written notice of intent to rely on that defense.
(b) When the trier of fact finds that all other elements of the crime have been proved but, as a result of mental disease or defect, there is a reasonable doubt as to the existence of a culpable mental state that is an element of the crime, it shall enter a verdict of not guilty by reason of insanity. A defendant acquitted under this subsection, and not found guilty of a lesser included offense, shall automatically be considered to have established the affirmative defense of insanity under AS 12.47.010. The defendant is then subject to the provisions of AS 12.47.090.
(c) If a verdict of not guilty by reason of insanity is reached under (b) of this section, the trier of fact shall also consider whether the defendant is guilty of any lesser included offense. If the defendant is convicted of a lesser included offense, the defendant shall be sentenced for that offense and shall automatically be considered guilty but mentally ill under AS 12.47.030 and 12.47.050. Upon completion of a sentence for a lesser included offense, a hearing shall be held under AS 12.47.090(c) to determine the necessity of further commitment of the defendant, based on the acquittal for the greater charge under (b) of this section. If the defendant is committed under AS 12.47.090(c), the defendant is subject to the provisions of AS 12.47.090(d) - (i) and (k).
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.030. Guilty but mentally ill.

(a) A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law. A defendant found guilty but mentally ill is not relieved of criminal responsibility for criminal conduct and is subject to the provisions of AS 12.47.050.
(b) Evidence of a mental disease or defect that is manifested only by repeated criminal or antisocial conduct is not sufficient to establish that the defendant was guilty but mentally ill under (a) of this section.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.040. Form of verdict in certain cases involving insanity or mental disease or defect.

(a) In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020, the trier of fact shall find, and the verdict shall state, whether the defendant is
(1) guilty;
(2) not guilty;
(3) not guilty by reason of insanity; or
(4) guilty but mentally ill.
(b) To return a verdict under (a)(4) of this section, the fact finder must find beyond a reasonable doubt that the defendant committed the crime and that, when the defendant committed the crime, the defendant was guilty but mentally ill as defined in AS 12.47.030.
(c) When the jury is instructed as to the verdicts under (a) of this section, it shall also be instructed on the dispositions available under AS 12.47.050 and 12.47.090.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 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.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.055. Treatment for other defendants not limited.

Nothing in AS 12.47.050 limits the discretion of the court to recommend, or of the Department of Corrections to provide, psychiatrically indicated treatment for a defendant who is not adjudged guilty but mentally ill.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 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, the defendant or the prosecuting attorney may raise the issue of whether the defendant is guilty but mentally ill. A party that seeks a post-conviction determination of guilty but mentally ill must give notice 10 days before trial of intent to do so; however, this deadline is waived if the opposing party presents evidence or argument at trial tending to show that the defendant may be guilty but mentally ill. A hearing must be held on this issue before the same fact finder that returned the verdict of guilty under procedures set by the court. In cases decided by a jury, at the request of the defendant and with the concurrence of the prosecuting attorney, the court may decide the issue. A waiver of consideration by a jury must be in writing and in person before the court. At the hearing, the fact finder shall determine whether the defendant has been shown to be guilty but mentally ill beyond a reasonable doubt, considering evidence presented at the hearing and any evidence relevant to the issue that was presented at trial.
(b) If the fact finder finds that a defendant is guilty but mentally ill, the court 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.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.070. Psychiatric examination.

(a) If a defendant has filed a notice of intention to rely on the affirmative defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or there is reason to doubt the defendant's fitness to proceed, or there is reason to believe that a mental disease or defect of the defendant will otherwise become an issue in the case, the court shall appoint at least two qualified psychiatrists or two forensic psychologists certified by the American Board of Forensic Psychology to examine and report upon the mental condition of the defendant. If the court appoints psychiatrists, the psychiatrists may select psychologists to provide assistance. If the defendant has filed notice under AS 12.47.090(a), the report shall consider whether the defendant can still be committed under AS 12.47.090(c). The court may order the defendant to be committed to a secure facility for the purpose of the examination for not more than 60 days or such longer period as the court determines to be necessary for the purpose and may direct that a qualified psychiatrist retained by the defendant be permitted to witness and participate in the examination.
(b) In an examination under (a) of this section, any method may be employed which is accepted by the medical profession for the examination of those alleged to be suffering from mental disease or defect.
(c) 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.
(d) If the examination under (a) of this section cannot be conducted by reason of the unwillingness of the defendant to participate in it, the report shall so state and shall include, if possible, an opinion as to whether the unwillingness of the defendant was the result of mental disease or defect.
(e) The report of the examination under (a) of this section shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.080. Procedure upon verdict of not guilty.

(a) If a defendant is found not guilty under AS 12.47.040(a)(2), the prosecuting attorney shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if the prosecuting attorney has good cause to believe that the defendant is suffering from a mental illness and as a result is gravely disabled or likely to cause serious harm to self or others.
(b) In this section, “mental illness” has the meaning given in AS 47.30.915.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.092. Procedure for conditional release.

(a) A defendant committed to the custody of the commissioner of family and community 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 Family and Community Services, a local government agency, a private agency, or an adult, who agrees to assume supervision of the defendant.
(b) The commissioner of family and community 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 section.
(c) A person or agency responsible for supervision or treatment under an order for conditional release shall immediately notify the commissioner of family and community 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 family and community 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(e).
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.095. Notice to victims.

(a) If an offender has been committed to the custody of the commissioner of family and community services under AS 12.47.090, the victim of that crime is entitled to notice of a pending or actual change in the status of the offender. The commissioner of family and community services shall give notice as required by this section if
(1) the offender has been continued in commitment following expiration of the maximum term of imprisonment under AS 12.47.090(f) and the commissioner gives notice of release of the offender;
(2) the court is to consider modification of an order of conditional release for the offender under AS 12.47.092(e);
(3) a court is to consider conditional release of the offender under AS 12.47.090(j) and 12.47.092(a);
(4) the offender petitions for discharge under AS 12.47.092(f); or
(5) the offender escapes, is released from custody on conditional release, furlough or authorized absence, or is discharged or released from custody for any reason.
(b) If a victim desires notice under this section, the victim shall maintain a current, valid mailing address on file with the commissioner of family and community services. The commissioner shall send the notice required by this section to the victim's last known address. The victim's address may not be disclosed to the offender or offender's attorney.
(c) The commissioner of family and community services is required to give notice of a change in the status of an offender under this section to any victim who has requested notice.
(d) If more than one person who qualifies as a victim under AS 12.55.185 desires notice, the commissioner of family and community services shall designate one person for purposes of receiving any notice required and exercising the rights granted by this section.
(e) A victim who has received notice under (a) of this section that a change in the status of the offender is pending before a court has the right to submit to the court a written statement, or to appear personally at a hearing to present a written statement, and to give sworn testimony or an unsworn oral presentation to the court.
(f) In this section,
(1) “offender” has the meaning given in AS 12.61.020;
(2) “victim” has the meaning given in AS 12.55.185.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.120. Determination of sanity after commitment.

(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.
(c) If at the hearing the court determines that the accused is still presently mentally incompetent, the court shall recommit the accused in accordance with AS 12.47.110.
(d) A finding by the court that the accused is mentally competent to stand trial in no way prejudices the accused in a defense based on mental disease or defect excluding responsibility. This finding may not be introduced in evidence on that issue or otherwise brought to the notice of the jury.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 47. Insanity and Competency to Stand Trial › Sec. 12.47.130. Definitions.

In this chapter,
(1) “affirmative defense” has the meaning given in AS 11.81.900(b);
(2) “assist in the defendant's own defense” means to consult with a lawyer while exercising a reasonable degree of rational functioning;
(3) “culpable mental state” has the meaning given in AS 11.81.900(b);
(4) “incompetent” means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense;
(5) “mental disease or defect” means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life;
(6) “understand the proceedings against the defendant” means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 50. Witnesses › Article 1. Uniform Act to Secure Attendance in Criminal Proceedings. › Sec. 12.50.010. Witness subpoenaed in this state to testify in another state.

(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within the state to attend and testify in this state certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, that a person within this state is a material witness in that prosecution or grand jury investigation, and that the presence of that person will be required for a specified number of days, then, upon presentation of the certificate to a judge of a court of record in the judicial district in which the person is, the judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.
(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the subpoena. In any such hearing the certificate shall be prima facie evidence of all of the facts stated therein.
(c) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be immediately brought before the judge for said hearing; and if the judge at the hearing is satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of this desirability, the judge may, in lieu of issuing subpoena, order that the witness be immediately taken into custody and delivered to an officer of the requesting state.
(d) If the witness who is subpoenaed as provided in this section, after being paid or tendered by a properly authorized person a sum equivalent to the cost of air fare round trip passage on a certificated carrier or such prepaid passage and reasonable incidental travel allowance for going to and from airports plus $20 per day for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of a witness who disobeys a subpoena issued from a court of record in this state.