(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.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 47. Insanity and Competency to Stand Trial
Sec. 12.47.010. Insanity as affirmative defense.
Sec. 12.47.020. Mental disease or defect negating culpable mental state.
Sec. 12.47.030. Guilty but mentally ill.
Sec. 12.47.040. Form of verdict in certain cases involving insanity or mental disease or defect.
Sec. 12.47.050. Disposition of defendant found guilty but mentally ill.
Sec. 12.47.055. Treatment for other defendants not limited.
Sec. 12.47.060. Post conviction determination of mental illness.
Sec. 12.47.070. Psychiatric examination.
Sec. 12.47.080. Procedure upon verdict of not guilty.
Sec. 12.47.090. Procedure after raising defense of insanity.
Sec. 12.47.092. Procedure for conditional release.
Sec. 12.47.095. Notice to victims.
Sec. 12.47.100. Incompetency to proceed.
Sec. 12.47.110. Commitment on finding of incompetency.