Alaska Statutes
Alaska Stat. § 12.47.120 (2026)
Determination of sanity after commitment
✓ current as of July 2026
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Sec. 12.47.120. Determination of sanity after commitment.
(a) When, in the medical judgment of the custodian of an accused person committed under AS 12.47.110, the accused is considered to be mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, evidence as to the mental condition of the accused may be submitted including reports by the custodian to whom the accused was committed for care.
(b) If at the hearing the court determines that the accused is presently mentally competent to understand the nature of the proceedings against the accused and to assist in the accused's own defense, appropriate criminal proceedings may be commenced against the accused.
(c) If at the hearing the court determines that the accused is still presently mentally incompetent, the court shall recommit the accused in accordance with AS 12.47.110.
(d) A finding by the court that the accused is mentally competent to stand trial in no way prejudices the accused in a defense based on mental disease or defect excluding responsibility. This finding may not be introduced in evidence on that issue or otherwise brought to the notice of the jury.
(a) When, in the medical judgment of the custodian of an accused person committed under AS 12.47.110, the accused is considered to be mentally competent to stand trial, the committing court shall hold a hearing, after due notice, as soon as conveniently possible. At the hearing, evidence as to the mental condition of the accused may be submitted including reports by the custodian to whom the accused was committed for care.
(b) If at the hearing the court determines that the accused is presently mentally competent to understand the nature of the proceedings against the accused and to assist in the accused's own defense, appropriate criminal proceedings may be commenced against the accused.
(c) If at the hearing the court determines that the accused is still presently mentally incompetent, the court shall recommit the accused in accordance with AS 12.47.110.
(d) A finding by the court that the accused is mentally competent to stand trial in no way prejudices the accused in a defense based on mental disease or defect excluding responsibility. This finding may not be introduced in evidence on that issue or otherwise brought to the notice of the jury.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · 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). “During this 90-day initial commitment, if the defendant’s treatment provider concludes that the defendant has become competent to stand trial, the court is required to hold another competency hearing as soon as conveniently possible, see AS 12.”
— Alaska Stat. § 12.47.120(a) — 1 case
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022). “During this 90-day initial commitment, if the defendant’s treatment provider concludes that the defendant has become competent to stand trial, the court is required to hold another competency hearing as soon as conveniently possible, see AS 12.”
— Alaska Stat. § 12.47.120(b) — 1 case
Martin Dennis Victor IV v. State of Alaska, 516 P.3d 506 (Alaska Ct. App. 2022). “During this 90-day initial commitment, if the defendant’s treatment provider concludes that the defendant has become competent to stand trial, the court is required to hold another competency hearing as soon as conveniently possible, see AS 12.”
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