Alaska Statutes
Alaska Stat. § 12.47.080 (2026)
Procedure upon verdict of not guilty
✓ current as of July 2026
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Sec. 12.47.080. Procedure upon verdict of not guilty.
(a) If a defendant is found not guilty under AS 12.47.040(a)(2), the prosecuting attorney shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if the prosecuting attorney 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.
(b) In this section, “mental illness” has the meaning given in AS 47.30.915.
(a) If a defendant is found not guilty under AS 12.47.040(a)(2), the prosecuting attorney shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if the prosecuting attorney 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.
(b) In this section, “mental illness” has the meaning given in AS 47.30.915.
Notes of Decisions
Cited in 3
cases, 1989–2014 · leading case: Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989).
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “See AS 12.47.080; [5] AS *566 47.30.700. [6] Thus, it seems fair that before the defendant is subjected to the burdens associated with being found not guilty by reason of insanity, without a separate commitment hearing and without the safeguards of AS 47.”
Lane v. Ballot, 330 P.3d 338 (Alaska 2014). “Under AS 12.47.080(3), the "guilty but mentally ill" statute under which Lane was convicted, [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…”
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “" AS 12.47.080(a). The consequences of this verdict are spelled out in AS 12.”
— Alaska Stat. § 12.47.080(3) — 1 case
Lane v. Ballot, 330 P.3d 338 (Alaska 2014). “Under AS 12.47.080(3), the "guilty but mentally ill" statute under which Lane was convicted, [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…”
— Alaska Stat. § 12.47.080(a) — 1 case
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “" AS 12.47.080(a). The consequences of this verdict are spelled out in AS 12.”
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