00HOUSE CS FOR SENATE BILL NO. 321(JUD)                                                                                   
01 "An Act relating to incompetency to stand trial."                                                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 12.47.100 is repealed and reenacted to read:                                                        
04  Sec. 12.47.100.  INCOMPETENCY TO PROCEED.  (a)  A defendant who, as                                                   
05 a result of mental disease or defect, is incompetent because the defendant is unable to                                 
06 understand the proceedings against the defendant or to assist in the defendant's own                                    
07 defense may not be tried, convicted, or sentenced for the commission of a crime so                                      
08 long as the incompetency exists.                                                                                        
09  (b)  If, before imposition of sentence, the prosecuting attorney or the attorney                                      
10 for the defendant has reasonable cause to believe that the defendant is presently                                       
11 suffering from a mental disease or defect that causes the defendant to be unable to                                     
12 understand the proceedings or to assist in the person's own defense, the attorney may                                   
13 file a motion for a judicial determination of the competency of the defendant.  Upon                                    
14 that motion, or upon its own motion, the court shall have the defendant examined by                                     

01 at least one qualified psychiatrist or psychologist, who shall report to the court                                      
02 concerning the competency of the defendant.  For the purpose of the examination, the                                    
03 court may order the defendant committed for a reasonable period to a suitable hospital                                  
04 or other facility designated by the court.  If the report of the psychiatrist or                                        
05 psychologist indicates that the defendant is incompetent, the court shall hold a hearing,                               
06 upon due notice, at which evidence as to the competency of the defendant may be                                         
07 submitted, including that of the reporting psychiatrist or psychologist, and make                                       
08 appropriate findings.  Before the hearing, the court shall, upon request of the                                         
09 prosecuting attorney, order the defendant to submit to an additional evaluation by a                                    
10 psychiatrist or psychologist designated by the prosecuting attorney.                                                    
11  (c)  A defendant is presumed to be competent.  The party raising the issue of                                         
12 competency bears the burden of proving the defendant is incompetent by a                                                
13 preponderance of evidence.  When the court raises the issue of competency, the burden                                   
14 of proving the defendant is incompetent shall be on the party who elects to advocate                                    
15 for a finding of incompetency.  The court shall then apply the preponderance of the                                     
16 evidence standard to determine whether the defendant is competent.                                                      
17  (d)  A statement made by the defendant in the course of an examination into                                           
18 the person's competency under this section, whether the examination is with or without                                  
19 the consent of the defendant, may not be admitted in evidence against the defendant                                     
20 on the issue of guilt in a criminal proceeding unless the defendant later relies on a                                   
21 defense under AS 12.47.010 or 12.47.020.  A finding by the judge that the defendant                                     
22 is competent to stand trial in no way prejudices the defendant in a defense based on                                    
23 insanity; the finding may not be introduced in evidence on that issue or otherwise be                                   
24 brought to the notice of the jury.                                                                                      
25  (e)  In determining whether a person has sufficient intellectual functioning to                                       
26 adapt or cope with the ordinary demands of life, the court shall consider whether the                                   
27 person has obtained a driver's license, is able to maintain employment, or is competent                                 
28 to testify as a witness under the Alaska Rules of Evidence.                                                             
29  (f)  In determining if the defendant is unable to understand the proceedings                                          
30 against the defendant, the court shall consider, among other factors considered relevant                                
31 by the court, whether the defendant understands that the defendant has been charged                                     

01 with a criminal offense and that penalties can be imposed; whether the defendant                                        
02 understands what criminal conduct is being alleged; whether the defendant understands                                   
03 the roles of the judge, jury, prosecutor, and defense counsel; whether the defendant                                    
04 understands that the defendant will be expected to tell defense counsel the                                             
05 circumstances, to the best of the defendant's ability, surrounding the defendant's                                      
06 activities at the time of the alleged criminal conduct; and whether the defendant can                                   
07 distinguish between a guilty and not guilty plea.                                                                       
08  (g)  In determining if the defendant is unable to assist in the defendant's own                                       
09 defense, the court shall consider, among other factors considered relevant by the court,                                
10 whether the defendant's mental disease or defect affects the defendant's ability to                                     
11 recall and relate facts pertaining to the defendant's actions at times relevant to the                                  
12 charges and whether the defendant can respond coherently to counsel's questions.  A                                     
13 defendant is able to assist in the defense even though the defendant's memory may be                                    
14 impaired, the defendant refuses to accept a course of action that counsel or the court                                  
15 believes is the defendant's best interest, or the defendant is unable to suggest a                                      
16 particular strategy or to choose among alternative defenses.                                                            
17    * Sec. 2.  AS 12.47.110(a) is amended to read:                                                                       
18  (a)  When the trial court determines by a preponderance of the evidence, in                                           
19 accordance with AS 12.47.100, that a defendant is so [MENTALLY] incompetent that                                        
20 the defendant is unable to understand the proceedings against the defendant or                                          
21 [PROPERLY] to assist in the defendant's own defense, the court shall order the                                          
22 proceedings stayed, except as provided in (d) of this section, and may commit the                                       
23 defendant to the custody of the commissioner of health and social services or the                                       
24 commissioner's authorized representative for further evaluation and treatment until the                                 
25 defendant is mentally competent to stand trial, or until the pending charges against the                                
26 defendant are disposed of according to law, but in no event longer than 90 days.                                        
27    * Sec. 3.  AS 12.47.130 is amended by adding new paragraphs to read:                                                 
28   (4)  "assist in the defendant's own defense" means to consult with a                                                 
29 lawyer while exercising a reasonable degree of rational functioning;                                                    
30   (5)  "incompetent" means a defendant is unable to understand the                                                     
31 proceedings against the defendant or to assist in the defendant's own defense;                                          

01   (6)  "understand the proceedings against the defendant" means that the                                               
02 defendant's elementary mental process is such that the defendant has a reasonably                                       
03 rational comprehension of the proceedings.