00CS FOR HOUSE BILL NO. 67(JUD)                                                                                         
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 is amended by adding a new section to read:                                                  
05  Sec. 12.30.029.  Release in sexual abuse and sexual assault cases.  (a)                                             
06 Before ordering release before or after trial, or pending appeal, of a person charged                                   
07 with or convicted of a crime under AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458,                                   
08 the court shall consider the safety of the alleged victim.  To protect the alleged victim                               
09 and the public and to reasonably assure the person's appearance, the court may impose                                   
10 bail and any of the conditions authorized under AS 12.30.020 and any other condition                                    
11 necessary to protect the alleged victim and to assure the appearance of the person in                                   
12 court.                                                                                                                  
13  (b)  The court may impose any of the following conditions on a person charged                                         
14 or convicted of an offense under AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458                                      

01   (1)  that the person have no contact with the alleged victim except as                                               
02 specifically allowed by the court;                                                                                      
03   (2)  that the person reside in a place where the person is not likely to                                             
04 come into contact with the alleged victim of the offense; and                                                           
05   (3)  if the person is on medication, that the person take the medication                                             
06 as prescribed.                                                                                                          
07  (c)  Before a judicial officer releases a person charged or convicted of an                                           
08 offense under AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458, the court shall                                        
09   (1)  assure that the alleged victim, or the alleged victim's parent or                                               
10 guardian if the alleged victim is under 18 years of age, has been notified by a law                                     
11 enforcement agency or the prosecuting attorney of the hearing where the release is                                      
12 being considered, or a reasonable effort at notification has been made;                                                 
13   (2)  solicit comments from the victim or the victim's parent or guardian                                             
14 who is present and wishes to comment and consider those comments before making                                          
15 a decision to release the person.                                                                                       
16    * Sec. 2.  APPLICABILITY.  This Act applies to criminal proceedings occurring on or after                          
17 the effective date of this Act regardless of whether the criminal offense occurred before, on,                          
18 or after the effective date of this Act.