AK HB304

Removes requirement for automatic psychiatric examination when there is doubt about defendant's fitness to proceed or mental disease/defect becomes an issue; creates separate examination procedures triggered only when a defendant files notice of insanity defense or diminished capacity defense.

Creates new examination provisions (AS 12.47.070(f)) allowing court to appoint one qualified psychiatrist or psychologist when fitness to proceed is questioned, with ability for that professional to select assistance from another qualified psychologist.

Removes restrictions on defendant commitment to secure facility during examination and eliminates requirement that defendant's retained psychiatrist be permitted to witness examination.

Adds new AS 12.47.125 allowing defendants dismissed as incompetent to be recharged if a psychiatrist or psychologist determines they have become competent: unlimited time for Class A/unclassified felonies, or within 5 years for other offenses.

Defines "qualified psychiatrist" and "qualified psychologist" to mean licensed professionals trained in forensic competency assessment, either through prior training or current training under supervision of a forensic expert.

Effective date: July 1, 2020.