CSSB 268(JUD): "An Act relating to release before trial in cases involving controlled substances, imitation controlled substances, stalking, or domestic violence."
00CS FOR SENATE BILL NO. 268(JUD) 01 "An Act relating to release before trial in cases involving controlled substances, 02 imitation controlled substances, stalking, or domestic violence." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30 is amended by adding a new section to read: 05 Sec. 12.30.023. RELEASE BEFORE TRIAL IN CASES INVOLVING 06 CONTROLLED SUBSTANCES. In determining the conditions of release under 07 AS 12.30.020 in cases involving a violation of AS 11.71 or AS 11.73, the court shall 08 consider the conditions specified in AS 12.30.020 and the following conditions and 09 impose one or more conditions it considers reasonably necessary to protect the public 10 safety and security, including ordering the defendant 11 (1) to obey all laws; 12 (2) to submit to a search of the defendant's person, personal property, 13 residence, vehicle, or any vehicle over which the defendant has control, for the 14 presence of illegal drugs and drug paraphernalia by a peace officer who has reasonable
01 suspicion that the defendant is violating the terms of the defendant's bail release by 02 possessing illegal drugs and drug paraphernalia; 03 (3) to enroll in a random drug testing program, at the defendant's 04 expense, to detect the presence of an illegal drug, with testing to occur not less than 05 once a week, and with the results being submitted to the court and the district 06 attorney's office; 07 (4) to not have on the defendant's person, in the defendant's residence, 08 or in any vehicle over which the defendant has control, any controlled substances or 09 related paraphernalia; 10 (5) to not use, manufacture, possess, handle, purchase, give, or 11 administer any controlled substance; 12 (6) to not associate with persons involved in using, manufacturing, 13 growing, or distributing controlled substances; 14 (7) to not enter or remain in places where controlled substances are 15 being used, manufactured, grown, or distributed; 16 (8) to not be physically present, within a two-block area of, or within 17 a designated area near, the location at which the offense occurred or at other 18 designated locations, unless the defendant actually resides within that area; 19 (9) to not use or possess a paging device, cellular phone, or other 20 portable communicative device on the defendant's person, in any vehicle over which 21 the defendant has control, or in the defendant's residence; 22 (10) to be physically inside the defendant's residence, or in the 23 residence of the defendant's third-party custodian, between time periods set by the 24 court, except as otherwise required by employment, education, counseling, or treatment 25 and as specifically authorized by the court; 26 (11) to not 27 (A) have a firearm in the defendant's possession or control, in 28 any vehicle over which the defendant has control, or in the defendant's 29 residence; 30 (B) possesses a knife, other than an ordinary pocket knife, on 31 the defendant's person;
01 (12) to engage in any conduct or to refrain from any conduct that the 02 court considers reasonably necessary to protect the public. 03 * Sec. 2. AS 12.30.025(a) is amended to read: 04 (a) In determining the conditions of release under AS 12.30.020 in cases 05 involving domestic violence or stalking, the court shall consider the conditions 06 specified in AS 12.30.020 and the following conditions and impose one or more 07 conditions it considers reasonably necessary to protect the alleged victim of the 08 domestic violence or stalking, including ordering the defendant 09 (1) not to subject the victim to further domestic violence or stalking; 10 (2) to vacate the home of the victim; 11 (3) not to contact the victim other than through counsel; 12 (4) to engage in counseling; if the court directs the defendant to engage 13 in personal counseling, the court shall provide in the order that the counseling must 14 propose alternatives to aggression if that type of counseling is available; if the court 15 directs the defendant to participate in family counseling, it shall make a finding that 16 family counseling will not result in additional domestic violence or stalking; 17 (5) to refrain from the consumption of alcohol or the use of drugs.