(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).
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.