AK SB186

Changes the standard of proof for "guilty but mentally ill" verdicts from preponderance of evidence to beyond a reasonable doubt.

Allows both the defendant and prosecuting attorney (but not the court on its own motion) to raise the guilty but mentally ill issue, requiring 10-day notice unless the opposing party presents evidence at trial suggesting this defense applies.

Requires facts that increase presumptive sentencing ranges or affect good time deductions to be proven to a jury beyond a reasonable doubt, unless the defendant waives jury trial and stipulates to or consents to court determination of the facts.

Prohibits courts from reducing probation periods or suspended sentences imposed under plea agreements except by the amount of incarceration imposed for probation violations, unless both parties agree.

Effective July 1, 2012, with Sections 8 and 9 requiring a two-thirds majority vote in each house as they affect Alaska Rules of Criminal Procedure Rule 32.1.