Sec. 26.05.560. Defense of insanity.
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Sec. 26.05.560. Defense of insanity.
(a)The accused may assert the affirmative defense of insanity as provided in AS 12.47.010 . If the accused gives notice of the defense, the accused shall file with the military judge the notice required by AS 12.47.090 .
(b)If the accused asserts the defense of insanity under
(a)of this section, the court shall order an examination to be conducted that meets the standards of AS 12.47.070 .
(c)If the defense of insanity is properly at issue, the military judge shall instruct the members of the court as to the defense and charge them to find the accused
(1)guilty;
(2)not guilty; or
(3)not guilty by reason of insanity.
(d)The accused may be found not guilty by reason of insanity if
(1)a majority of the members of the court-martial present at the time the vote is taken determine that the defense of insanity has been established; or
(2)in the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, the military judge or summary court-martial officer determines that the defense of insanity has been established.
(e)In the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, if the defense of insanity is properly at issue, the military judge or summary court-martial officer shall find the accused
(1)guilty;
(2)not guilty; or
(3)not guilty by reason of insanity.
(f)If an accused is found not guilty by reason of insanity, trial counsel shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if trial counsel 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. In this subsection, “mental illness” has the meaning given in AS 47.30.915 .