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HB 90: "An Act relating to bail."

00 HOUSE BILL NO. 90 01 "An Act relating to bail." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.30.020(j) is amended to read: 04 (j) If a person remains in custody after review of conditions by a judicial 05 officer under (f) of this section, a subsequent review of conditions may be held at the 06 request of the person. Unless the prosecuting authority stipulates otherwise, a judicial 07 officer may not schedule a bail review hearing under this subsection unless 08 (1) the person provides to the court and the prosecuting authority a 09 written statement that new information not considered at the previous review will be 10 presented and includes a description of the new information; in this paragraph, "new 11 information" does not include 12 (A) a proposal to add an additional or alternative third- 13 party custodianship after a party has approved a third-party 14 custodianship unless the initial third-party custodian becomes 15 unavailable;

01 (B) a proposal for a third-party custodianship after the 02 court has previously rejected three or more prior proposals for third- 03 party custodianships; 04 (C) the inability to obtain an appropriate third-party 05 custodianship; 06 (D) a request to reduce monetary bail after the court has 07 approved a third-party custodianship; 08 (E) the inability to post the required bail; 09 (F) the passage of time, including the amount of time the 10 defendant has been incarcerated; 11 (G) any information that could have been presented at a 12 previous bail review hearing; 13 (2) the prosecuting authority has at least 48 hours' notice before the 14 time set for the review requested under this subsection; and 15 (3) at least 48 hours have elapsed between the previous review and the 16 time set for the review requested under this subsection.