Alaska Statutes
Alaska Stat. § 12.47.110 (2026)
Commitment on finding of incompetency
✓ current as of July 2026
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Sec. 12.47.110. Commitment on finding of incompetency.
(a) When the trial court determines by a preponderance of the evidence, in accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense, the court shall order the proceedings stayed, except as provided in (d) of this section, and shall commit a defendant charged with a felony, and may commit a defendant charged with any other crime, to the custody of the commissioner of family and community services or the commissioner's authorized representative for further evaluation and treatment until the defendant is mentally competent to stand trial, or until the pending charges against the defendant are disposed of according to law, but in no event longer than 90 days.
(b) On or before the expiration of the initial 90-day period of commitment, the court shall conduct a hearing to determine whether or not the defendant remains incompetent. If the court finds by a preponderance of the evidence that the defendant remains incompetent, the court may recommit the defendant for a second period of 90 days. The court shall determine at the expiration of the second 90-day period whether the defendant has become competent. If, at the expiration of the second 90-day period, the court determines that the defendant continues to be incompetent to stand trial, the charges against the defendant shall be dismissed without prejudice, and continued commitment of the defendant shall be governed by the provisions relating to civil commitments under AS 47.30.700 — 47.30.915 unless the defendant is charged with a crime involving force against a person and the court finds that the defendant presents a substantial danger of physical injury to other persons and that there is a substantial probability that the defendant will regain competency within a reasonable period of time, in which case the court may extend the period of commitment for an additional six months. If the defendant remains incompetent at the expiration of the additional six-month period, the charges shall be dismissed without prejudice, and continued commitment proceedings shall be governed by the provisions relating to civil commitment under AS 47.30.700 — 47.30.915. If the defendant remains incompetent for five years after the charges have been dismissed under this subsection, the defendant may not be charged again for an offense arising out of the facts alleged in the original charges, except if the original charge is a class A felony or unclassified felony.
(c) The defendant is not responsible for the expenses of hospitalization or transportation incurred as a result of the defendant's commitment under this section. Liability for payment under AS 47.30.910 does not apply to commitments under this section.
(d) A defendant receiving medication for either a physical or a mental condition may not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings and to properly assist in the defendant's defense or does not disable the defendant from understanding the proceedings and assisting in the defendant's own defense.
(e) A defendant charged with a felony and found to be incompetent to proceed under this section is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to self or others in proceedings under AS 47.30.700 — 47.30.915. In evaluating whether a defendant is likely to cause serious harm, the court may consider as recent behavior the conduct with which the defendant was originally charged.
(f) The court may order a defendant to receive further evaluation and treatment under (a) or (b) of this section at an outpatient clinic or other facility as a condition of the defendant's release under AS 12.30. In considering the conditions of a defendant's release under this subsection, the court shall, in addition to any applicable requirement under AS 12.30, consider
(1) any medical information provided by the Department of Family and Community Services;
(2) the defendant's mental condition;
(3) the defendant's level of need for evaluation and treatment under this chapter;
(4) the defendant's ability to participate in outpatient treatment; and
(5) the defendant's history of evaluation and treatment under this chapter.
(g) Before criminal charges against a defendant charged with a felony offense against a person under AS 11.41 or felony arson are dismissed under (b) of this section, the prosecutor shall
(1) file a petition seeking involuntary commitment of the defendant under AS 47.30.706 before dismissal of the charges;
(2) notify the division of the Department of Law that has responsibility for civil cases of the petition within 24 hours after filing the petition; and
(3) provide the court's findings to the division of the Department of Law that has responsibility for civil cases within 24 hours after the court's ruling.
(a) When the trial court determines by a preponderance of the evidence, in accordance with AS 12.47.100, that a defendant is so incompetent that the defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense, the court shall order the proceedings stayed, except as provided in (d) of this section, and shall commit a defendant charged with a felony, and may commit a defendant charged with any other crime, to the custody of the commissioner of family and community services or the commissioner's authorized representative for further evaluation and treatment until the defendant is mentally competent to stand trial, or until the pending charges against the defendant are disposed of according to law, but in no event longer than 90 days.
(b) On or before the expiration of the initial 90-day period of commitment, the court shall conduct a hearing to determine whether or not the defendant remains incompetent. If the court finds by a preponderance of the evidence that the defendant remains incompetent, the court may recommit the defendant for a second period of 90 days. The court shall determine at the expiration of the second 90-day period whether the defendant has become competent. If, at the expiration of the second 90-day period, the court determines that the defendant continues to be incompetent to stand trial, the charges against the defendant shall be dismissed without prejudice, and continued commitment of the defendant shall be governed by the provisions relating to civil commitments under AS 47.30.700 — 47.30.915 unless the defendant is charged with a crime involving force against a person and the court finds that the defendant presents a substantial danger of physical injury to other persons and that there is a substantial probability that the defendant will regain competency within a reasonable period of time, in which case the court may extend the period of commitment for an additional six months. If the defendant remains incompetent at the expiration of the additional six-month period, the charges shall be dismissed without prejudice, and continued commitment proceedings shall be governed by the provisions relating to civil commitment under AS 47.30.700 — 47.30.915. If the defendant remains incompetent for five years after the charges have been dismissed under this subsection, the defendant may not be charged again for an offense arising out of the facts alleged in the original charges, except if the original charge is a class A felony or unclassified felony.
(c) The defendant is not responsible for the expenses of hospitalization or transportation incurred as a result of the defendant's commitment under this section. Liability for payment under AS 47.30.910 does not apply to commitments under this section.
(d) A defendant receiving medication for either a physical or a mental condition may not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings and to properly assist in the defendant's defense or does not disable the defendant from understanding the proceedings and assisting in the defendant's own defense.
(e) A defendant charged with a felony and found to be incompetent to proceed under this section is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to self or others in proceedings under AS 47.30.700 — 47.30.915. In evaluating whether a defendant is likely to cause serious harm, the court may consider as recent behavior the conduct with which the defendant was originally charged.
(f) The court may order a defendant to receive further evaluation and treatment under (a) or (b) of this section at an outpatient clinic or other facility as a condition of the defendant's release under AS 12.30. In considering the conditions of a defendant's release under this subsection, the court shall, in addition to any applicable requirement under AS 12.30, consider
(1) any medical information provided by the Department of Family and Community Services;
(2) the defendant's mental condition;
(3) the defendant's level of need for evaluation and treatment under this chapter;
(4) the defendant's ability to participate in outpatient treatment; and
(5) the defendant's history of evaluation and treatment under this chapter.
(g) Before criminal charges against a defendant charged with a felony offense against a person under AS 11.41 or felony arson are dismissed under (b) of this section, the prosecutor shall
(1) file a petition seeking involuntary commitment of the defendant under AS 47.30.706 before dismissal of the charges;
(2) notify the division of the Department of Law that has responsibility for civil cases of the petition within 24 hours after filing the petition; and
(3) provide the court's findings to the division of the Department of Law that has responsibility for civil cases within 24 hours after the court's ruling.
Notes of Decisions
Cited in 14
cases (8 in the last 5 years), 2009–2024 · leading case: Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022).
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022). “AS 12.47.110. (In the discussion that follows, for simplicity’s sake, we will refer to a defendant’s competency to “stand trial” rather than repeatedly using the more exact but lengthier description, “competency to stand trial or be found guilty or be sentenced”.”
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “The district court found her incompetent to stand trial and, pursuant to AS 12.47.110, ordered that she *170 be committed to the Alaska Psychiatric Institute (API) for restoration of competency.”
J.K. v. State of Alaska, 469 P.3d 434 (Alaska Ct. App. 2020). “We note that this capacity problem was foreseen in 2008 when the legislature amended AS 12.47.110 to make restoration treatment for incompetent defendants charged with felonies mandatory.”
Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018). “Indeed, many State statutes employ the specific language from Jackson of "substantial probability that [a defendant] will attain that capacity [to proceed to trial] in the foreseeable future" to determine whether charges should be dismissed. See ibr.US_Case_Law.Schema.”
Gamble v. State, 334 P.3d 714 (Alaska Ct. App. 2014). “Pursuant to AS 12.47.110(a), Judge George then ordered Gamble committed to API for 90 days for further evaluation and possible restoration to competency.”
R.B. v. State of Alaska (Alaska Ct. App. 2023). “For the reasons explained in this opinion, we conclude that the superior court correctly resolved this issue: under AS 12.47.110, the court must commit an incompetent felony defendant to the custody of the Commissioner of Family and Community Services for further evaluation and…”
State v. Galbraith, 199 P.3d 1216 (Alaska Ct. App. 2009). “Based on these findings, on April 17, 2008, the judge entered an order dismissing the charges without prejudice as required by AS 12.47.110(b). After the dismissal, Galbraith remained at the Alaska Psychiatric Institute on a voluntary commitment status.”
In the Matter of the Necessity for the Hospitalization of Dominic N. (Alaska 2024). “3 See AS 12.47.110(a) (providing that upon finding defendant incompetent to stand trial, court “shall commit a defendant charged with a felony .”
R. A. v. State of Alaska (Alaska Ct. App. 2024). “The court acknowledged that it could only order a third period of restoration under AS 12.47.110(b) if it found that (1) R.A.”
R. A. v. State of Alaska (Alaska Ct. App. 2024). “The court acknowledged that it could only order a third period of restoration under AS 12.47.110(b) if it found that (1) R.A.”
Makis M., a Juv. v. Commonwealth (Mass. 2024). “, Alaska Stat. § 12.47.110 (allowing court to commit incompetent defendants to State agency, providing timelines for remediation, and discussing how dismissal is affected by severity of predicate offense).”
State of Louisiana Versus Patricia Jefferson (La. Ct. App. 2024). “, Alaska Stat. § 12.47.110 (2006); 725 Ill.”
— Alaska Stat. § 12.47.110(a) — 7 cases
J.K. v. State of Alaska, 469 P.3d 434 (Alaska Ct. App. 2020). “We note that this capacity problem was foreseen in 2008 when the legislature amended AS 12.47.110 to make restoration treatment for incompetent defendants charged with felonies mandatory.”
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “The district court found her incompetent to stand trial and, pursuant to AS 12.47.110, ordered that she *170 be committed to the Alaska Psychiatric Institute (API) for restoration of competency.”
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022). “AS 12.47.110. (In the discussion that follows, for simplicity’s sake, we will refer to a defendant’s competency to “stand trial” rather than repeatedly using the more exact but lengthier description, “competency to stand trial or be found guilty or be sentenced”.”
R.B. v. State of Alaska (Alaska Ct. App. 2023). “For the reasons explained in this opinion, we conclude that the superior court correctly resolved this issue: under AS 12.47.110, the court must commit an incompetent felony defendant to the custody of the Commissioner of Family and Community Services for further evaluation and…”
Gamble v. State, 334 P.3d 714 (Alaska Ct. App. 2014). “Pursuant to AS 12.47.110(a), Judge George then ordered Gamble committed to API for 90 days for further evaluation and possible restoration to competency.”
— Alaska Stat. § 12.47.110(b) — 8 cases
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022). “AS 12.47.110. (In the discussion that follows, for simplicity’s sake, we will refer to a defendant’s competency to “stand trial” rather than repeatedly using the more exact but lengthier description, “competency to stand trial or be found guilty or be sentenced”.”
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “The district court found her incompetent to stand trial and, pursuant to AS 12.47.110, ordered that she *170 be committed to the Alaska Psychiatric Institute (API) for restoration of competency.”
J.K. v. State of Alaska, 469 P.3d 434 (Alaska Ct. App. 2020). “We note that this capacity problem was foreseen in 2008 when the legislature amended AS 12.47.110 to make restoration treatment for incompetent defendants charged with felonies mandatory.”
State v. Galbraith, 199 P.3d 1216 (Alaska Ct. App. 2009). “Based on these findings, on April 17, 2008, the judge entered an order dismissing the charges without prejudice as required by AS 12.47.110(b). After the dismissal, Galbraith remained at the Alaska Psychiatric Institute on a voluntary commitment status.”
Gamble v. State, 334 P.3d 714 (Alaska Ct. App. 2014). “Pursuant to AS 12.47.110(a), Judge George then ordered Gamble committed to API for 90 days for further evaluation and possible restoration to competency.”
— Alaska Stat. § 12.47.110(d) — 1 case
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “The district court found her incompetent to stand trial and, pursuant to AS 12.47.110, ordered that she *170 be committed to the Alaska Psychiatric Institute (API) for restoration of competency.”
— Alaska Stat. § 12.47.110(e) — 3 cases
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “The district court found her incompetent to stand trial and, pursuant to AS 12.47.110, ordered that she *170 be committed to the Alaska Psychiatric Institute (API) for restoration of competency.”
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022). “AS 12.47.110. (In the discussion that follows, for simplicity’s sake, we will refer to a defendant’s competency to “stand trial” rather than repeatedly using the more exact but lengthier description, “competency to stand trial or be found guilty or be sentenced”.”
In the Matter of the Necessity for the Hospitalization of Dominic N. (Alaska 2024). “3 See AS 12.47.110(a) (providing that upon finding defendant incompetent to stand trial, court “shall commit a defendant charged with a felony .”
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