Sec. 47.30.727. Provision of records and notice following a finding of incompetency in a criminal case.

227 words·~1 min read·/ak/title-47/chapter-30/47-30-727

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(a)Within 30 days after a respondent has been found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 — 47.30.915, and every 30 days thereafter until the civil commitment case has concluded, the division of the Department of Law that has responsibility for civil cases shall provide all information and records obtained during the civil commitment to the division of the Department of Law that has responsibility for criminal cases.

(b)Records disclosed to the division of the Department of Law that has responsibility for criminal cases under

(a)of this section are confidential and may not be disclosed to anyone unless disclosure is required by a court order or the respondent provides written consent to the disclosure. If the records are used in the criminal proceeding, the moving party shall file the records as confidential documents.

(c)A facility housing a respondent found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 — 47.30.915 shall provide notice to the prosecutor in the criminal case of all hearings scheduled by the court in the civil commitment case. The prosecutor, or a staff member of the prosecutor's office, may attend a hearing in the civil commitment case but may not participate in the hearing as a party.