Alaska § 47.30.706 - Detention for evaluation after finding of incompetence.

§ 47.30.706. Detention for evaluation after finding of incompetence.

 (a) If a person who has been charged with a felony offense against a person under AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47 , before the charges are dismissed, an attorney with the Department of Law shall petition a court to have the person delivered to the nearest evaluation facility for an evaluation under AS 47.30.710 .

 (b) Upon receiving a petition under (a) of this section, a court shall, unless the presumption in (d) of this section has been successfully rebutted, issue an ex parte order orally or in writing stating that there is probable cause to believe the respondent is mentally ill and that condition causes the respondent to present a likelihood of serious harm to self or others. The court shall appoint an attorney to represent the respondent and may direct that a peace officer take the respondent into custody and deliver the respondent to the nearest appropriate facility for evaluation. The ex parte order shall be provided to the respondent and made a part of the respondent's clinical record. The court shall set a date, time, and place for a 30-day commitment hearing, to be held within 72 hours after the respondent's arrival at the evaluation facility. The court shall confirm an oral order in writing within 24 hours after it is issued.

 (c) A respondent taken into custody for evaluation under this section may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to an evaluation facility.

 (d) A defendant charged with a felony offense against a person under AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to self or others. In evaluating whether a defendant is likely to cause serious harm under this section, the court may consider the conduct with which the defendant was originally charged as evidence of recent behavior, regardless of any time spent in custody.