Alaska Statutes
Alaska Stat. § 12.47.070 (2026)
Psychiatric or psychological examination
✓ current as of July 2026
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Sec. 12.47.070. Psychiatric or psychological 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 a qualified psychiatrist or psychologist to examine and report on the mental condition of the defendant. If the court appoints a psychiatrist, the psychiatrist 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 for a 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.
(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 a qualified psychiatrist or psychologist to examine and report on the mental condition of the defendant. If the court appoints a psychiatrist, the psychiatrist 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 for a 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.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1992–2025 · leading case: Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016).
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “But as Judge Allard’s lead opinion explains, the expert analysis that would be needed to answer these questions is not necessarily the kind of analysis that would be derived from the psychiatric examinations authorized by AS 12.47.070. Palmer’s attorney in fact contended that he…”
State v. Groppel, 433 P.3d 1113 (Alaska 2018). “INTRODUCTION When a criminal defendant asserts the defense of insanity or diminished capacity or the defendant's mental fitness otherwise is at issue, AS 12.47.070 requires the court to appoint two qualified psychiatrists or two psychologists certified by the American Board of…”
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “Lewis's case involves this fourth clause of AS 12.47.070(@a). The major issue in this appeal is whether, even though Lewis announced that he would not argue for aequit-tal based on mental disease or defect, the superior court nevertheless had the authority-under this fourth…”
Nathanial L. Kangas v. State of Alaska, 463 P.3d 189 (Alaska Ct. App. 2020). “Kangas also argues that his privilege against self-incrimination was violated when the superior court issued a pre-trial order under AS 12.47.070(a) — that is, an order directing that Kangas be examined by two forensic psychologists to assess his mental condition.”
Nelson v. State, 874 P.2d 298 (Alaska Ct. App. 1994). “For the first time, Nelson raised the argument (explained in more detail below) that AS 12.47.070 did not apply to his case and that therefore Judge Shortell had lacked authority to order Nelson’s examination by an independent psychiatrist.”
Samaniego v. City of Kodiak, 80 P.3d 216 (Alaska 2003). “1994) (ruling under AS 12.47.070 that trial judge has authority to order criminal defendant to submit to independent psychiatric evaluation).”
Adams v. State, 829 P.2d 1201 (Alaska Ct. App. 1992). “" Adams' evaluation was no more proper under this provision than it was under AS 12.”
Sam v. State, 842 P.2d 596 (Alaska Ct. App. 1992). “As support for its request, the state cited AS 12.47.070(c)(5), which specifies that if a mental examination is ordered to determine the competency of a person who has given notice of intent to rely on a defense of diminished capacity, the person performing the examination must…”
Pulinario v. Goord, 291 F. Supp. 2d 154 (E.D.N.Y 2003). “See Alaska Stat. § 12.47.070 (d) (“If the [psychiatric] examination .”
State v. Alexander, 364 P.3d 458 (Alaska Ct. App. 2015). “See Alaska Civil Rule 35 and Alaska Criminal Rule 16(c)(5); AS 12.47.070; Lewis v. State, 195 P.3d 622 (Alaska App.”
Palmer v. State (Alaska Ct. App. 2016). “But as Judge Allard’s lead opinion explains, the expert analysis that would be needed to answer these questions is not necessarily the kind of analysis that would be derived from the psychiatric examinations authorized by AS 12.47.070. Palmer’s attorney in fact contended that he…”
In the Matter of the Est. of Erna Rousey (Alaska 2025). “AS 12.47.070(a) -13- 7770 B. The Court Did Not Err by Concluding That Jimmy Exercised Undue Influence.”
— Alaska Stat. § 12.47.070(a) — 6 cases
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “But as Judge Allard’s lead opinion explains, the expert analysis that would be needed to answer these questions is not necessarily the kind of analysis that would be derived from the psychiatric examinations authorized by AS 12.47.070. Palmer’s attorney in fact contended that he…”
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “Lewis's case involves this fourth clause of AS 12.47.070(@a). The major issue in this appeal is whether, even though Lewis announced that he would not argue for aequit-tal based on mental disease or defect, the superior court nevertheless had the authority-under this fourth…”
Nathanial L. Kangas v. State of Alaska, 463 P.3d 189 (Alaska Ct. App. 2020). “Kangas also argues that his privilege against self-incrimination was violated when the superior court issued a pre-trial order under AS 12.47.070(a) — that is, an order directing that Kangas be examined by two forensic psychologists to assess his mental condition.”
State v. Groppel, 433 P.3d 1113 (Alaska 2018). “INTRODUCTION When a criminal defendant asserts the defense of insanity or diminished capacity or the defendant's mental fitness otherwise is at issue, AS 12.47.070 requires the court to appoint two qualified psychiatrists or two psychologists certified by the American Board of…”
Palmer v. State (Alaska Ct. App. 2016). “But as Judge Allard’s lead opinion explains, the expert analysis that would be needed to answer these questions is not necessarily the kind of analysis that would be derived from the psychiatric examinations authorized by AS 12.47.070. Palmer’s attorney in fact contended that he…”
— Alaska Stat. § 12.47.070(c)(5) — 2 cases
Sam v. State, 842 P.2d 596 (Alaska Ct. App. 1992). “As support for its request, the state cited AS 12.47.070(c)(5), which specifies that if a mental examination is ordered to determine the competency of a person who has given notice of intent to rely on a defense of diminished capacity, the person performing the examination must…”
Sam v. State, 842 P.2d 590 (Alaska Ct. App. 1992).
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