Alaska Statutes
Article 2. Military Justice.
Sec. 26.05.560. Defense of insanity.

(a) The accused may assert the affirmative defense of insanity as provided in AS 12.47.010. If the accused gives notice of the defense, the accused shall file with the military judge the notice required by AS 12.47.090.
(b) If the accused asserts the defense of insanity under (a) of this section, the court shall order an examination to be conducted that meets the standards of AS 12.47.070.
(c) If the defense of insanity is properly at issue, the military judge shall instruct the members of the court as to the defense and charge them to find the accused
(1) guilty;
(2) not guilty; or
(3) not guilty by reason of insanity.
(d) The accused may be found not guilty by reason of insanity if
(1) a majority of the members of the court-martial present at the time the vote is taken determine that the defense of insanity has been established; or
(2) in the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, the military judge or summary court-martial officer determines that the defense of insanity has been established.
(e) In the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, if the defense of insanity is properly at issue, the military judge or summary court-martial officer shall find the accused
(1) guilty;
(2) not guilty; or
(3) not guilty by reason of insanity.
(f) If an accused is found not guilty by reason of insanity, trial counsel shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if trial counsel 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. In this subsection, “mental illness” has the meaning given in AS 47.30.915.

Structure Alaska Statutes