Alaska Statutes
Alaska Stat. § 12.47.050 (2026)
Disposition of defendant found guilty but mentally ill
✓ current as of July 2026
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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.
(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.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1985–2021 · leading case: Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989).
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “030 (thus invoking the provisions of AS 12.47.050). [14] When we compare these two provisions, it becomes clear that a person found not guilty by reason of insanity and a person found guilty but mentally ill are treated substantially the same.”
Clark v. Arizona, 548 U.S. 735 (2006). “, Alaska Stat. §12.47.050 (2004). 20 Idaho Code §18–207 (Lexis 2004); Kan.”
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “The consequences of a "guilty but mentally ill" verdict are spelled out in AS 12.47.050. Subsection (a) of this statute declares that when a defendant is found guilty but mentally ill, the defendant receives a normal sentence for the ecrime-but while the defendant is serving…”
Hart v. State, 702 P.2d 651 (Alaska Ct. App. 1985). “A defendant found guilty but mentally ill is not relieved of crimi *654 nal 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…”
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “11 See AS 12.47.050; see also State v. Clifton, 315 P.”
Lane v. Ballot, 330 P.3d 338 (Alaska 2014). “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.[ 24 ] Under AS 12.47.010(d), by contrast, a defendant who asserts insanity as a defense will, if successful, receive a "not…”
Hastings v. State, 736 P.2d 1157 (Alaska Ct. App. 1987). “030 and former AS 12.47.050, which provide for treatment of defendants found guilty but mentally ill.”
Lord v. State, 262 P.3d 855 (Alaska Ct. App. 2011). “AS 12.47.050(b). 12 . AS 12.47.050(d). 13 .”
Burcina v. City of Ketchikan, 902 P.2d 817 (Alaska 1995). “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. 15 . In Count I of his complaint, Burcina alleges in part as follows: As a result of Defendant Gateway's failure to provide…”
Monroe v. State, 847 P.2d 84 (Alaska Ct. App. 1993). “The defendant has been thoroughly advised by his attorneys of the significance of a finding of “guilty but mentally ill” and that sentencing may likely occur in accordance with AS 12.47.050. 2 . Monroe argues that his failure to object to Sperbeck’s testimony resulted not from a…”
State v. Patterson, 740 P.2d 944 (Alaska 1987). “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. [Emphasis in text of statute added.”
Lane v. State, 382 P.3d 1188 (Alaska Ct. App. 2016). “040, AS 12.47.050(a), and AS 12.55.145(f) all speak of the “verdict” of “guilty but mentally ill”.”
— Alaska Stat. § 12.47.050(a) — 1 case
Lane v. State, 382 P.3d 1188 (Alaska Ct. App. 2016). “040, AS 12.47.050(a), and AS 12.55.145(f) all speak of the “verdict” of “guilty but mentally ill”.”
— Alaska Stat. § 12.47.050(b) — 5 cases
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “The consequences of a "guilty but mentally ill" verdict are spelled out in AS 12.47.050. Subsection (a) of this statute declares that when a defendant is found guilty but mentally ill, the defendant receives a normal sentence for the ecrime-but while the defendant is serving…”
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “030 (thus invoking the provisions of AS 12.47.050). [14] When we compare these two provisions, it becomes clear that a person found not guilty by reason of insanity and a person found guilty but mentally ill are treated substantially the same.”
Lord v. State, 262 P.3d 855 (Alaska Ct. App. 2011). “AS 12.47.050(b). 12 . AS 12.47.050(d). 13 .”
Beaudoin v. State, 57 P.3d 703 (Alaska Ct. App. 2002).
Cynthia Lord v. State of Alaska, 489 P.3d 374 (Alaska Ct. App. 2021).
— Alaska Stat. § 12.47.050(c) — 1 case
Lord v. State, 262 P.3d 855 (Alaska Ct. App. 2011). “AS 12.47.050(b). 12 . AS 12.47.050(d). 13 .”
— Alaska Stat. § 12.47.050(d) — 4 cases
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “The consequences of a "guilty but mentally ill" verdict are spelled out in AS 12.47.050. Subsection (a) of this statute declares that when a defendant is found guilty but mentally ill, the defendant receives a normal sentence for the ecrime-but while the defendant is serving…”
Lord v. State, 262 P.3d 855 (Alaska Ct. App. 2011). “AS 12.47.050(b). 12 . AS 12.47.050(d). 13 .”
Lane v. State, 382 P.3d 1188 (Alaska Ct. App. 2016). “040, AS 12.47.050(a), and AS 12.55.145(f) all speak of the “verdict” of “guilty but mentally ill”.”
Cynthia Lord v. State of Alaska, 489 P.3d 374 (Alaska Ct. App. 2021).
— Alaska Stat. § 12.47.050(d)(2) — 1 case
Cynthia Lord v. State of Alaska, 489 P.3d 374 (Alaska Ct. App. 2021).
— Alaska Stat. § 12.47.050(e) — 1 case
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “030 (thus invoking the provisions of AS 12.47.050). [14] When we compare these two provisions, it becomes clear that a person found not guilty by reason of insanity and a person found guilty but mentally ill are treated substantially the same.”
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