If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:
(1) The general court-martial convening authority may commit the person to the custody of the state attorney general; and
(2) The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.