HB 67: "An Act relating to release of certain persons alleged to have committed certain sexual offenses."
00HOUSE BILL NO. 67 01 "An Act relating to release of certain persons alleged to have committed certain 02 sexual offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30.020(a) is amended to read: 05 (a) A person charged with an offense shall, at that person's first appearance 06 before a judicial officer, be ordered released pending trial on the person's personal 07 recognizance or upon the execution of an unsecured appearance bond in an amount 08 specified by the judicial officer unless (1) the offense is a violation of AS 11.41.420, 09 11.41.425, or 11.41.450 and the alleged victim of the offense is a child under 18 10 years of age, a violation of AS 11.41.436 - 11.41.440, 11.41.455, or 11.41.458, or 11 an unclassified felony or a class A felony , or (2) [OR UNLESS] the officer determines 12 that the release of the person will not reasonably assure the appearance of the person 13 as required or will pose a danger to the alleged victim, other persons, or the 14 community. If the offense with which a person is charged is a violation of
01 AS 11.41.440 or a felony, on motion of the prosecuting attorney, the judicial officer 02 may allow the prosecuting attorney up to 48 hours to demonstrate that release of the 03 person on the person's personal recognizance or upon the execution of an unsecured 04 appearance bond will not reasonably assure the appearance of the person or will pose 05 a danger to the alleged victim, other persons, or the community. 06 * Sec. 2. AS 12.30.020(b) is amended to read: 07 (b) If a judicial officer determines under (a) of this section that the release of 08 a person will not reasonably assure the appearance of the person, or will pose a danger 09 to the alleged victim, other persons, or the community, the judicial officer may 10 (1) place the person in the custody of a designated person or 11 organization agreeing to supervise the person ; if the person is charged with a 12 violation of AS 11.41.410 - 11.41.425 or 11.41.450 in which the victim is alleged 13 to be a child under 18 years of age or a violation of AS 11.41.434 - 11.41.440, 14 11.41.455, or 11.41.458, the judicial officer may not place the person in the 15 custody of a designated person or organization under this paragraph unless the 16 designated person or organization will maintain supervision of the person for 24 17 hours a day except for any periods personally approved by the officers ; 18 (2) place restrictions on the travel, association, or place of abode of the 19 person during the period of release; 20 (3) require the person to return to custody after daylight hours on 21 designated conditions; 22 (4) require the execution of an appearance bond in a specified amount 23 and the deposit in the registry of the court, in cash or other security, a sum not to 24 exceed 10 percent of the amount of the bond; the deposit to be returned upon the 25 performance of the condition of release; 26 (5) require the execution of a bail bond with sufficient solvent sureties 27 or the deposit of cash; or 28 (6) impose any other condition considered reasonably necessary to 29 assure the defendant's appearance as required and the safety of the alleged victim, 30 other persons, or the community. 31 * Sec. 3. AS 12.30.020 is amended by adding a new subsection to read:
01 (i) Notwithstanding another provision of this section, a judicial officer shall 02 solicit comments from the victim and shall consider those comments before making 03 a decision to release a person who is charged with a violation of AS 11.41.410 - 04 11.41.425 or 11.41.450 in which the victim is alleged to be a child under 18 years of 05 age or of AS 11.41.434 - 11.41.440, 11.41.455, or 11.41.458. 06 * Sec. 4. APPLICABILITY. This Act applies to criminal proceedings occurring on or after 07 the effective date of this Act regardless of whether the criminal offense occurred before, on, 08 or after the effective date of this Act.