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Enrolled HB 324: Relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to sentencing restrictions concerning alcoholic beverages; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date.

00Enrolled HB 324 01 Relating to the crime of failure to appear; relating to arrest for violating certain conditions of 02 release; relating to release before trial, before sentence, and pending appeal; relating to 03 material witnesses; relating to temporary release; relating to release on a petition to revoke 04 probation; relating to the first appearance before a judicial officer after arrest; relating to 05 sentencing restrictions concerning alcoholic beverages; relating to service of process for 06 domestic violence protective orders; making conforming amendments; amending Rules 5 and 07 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate 08 Procedure; and providing for an effective date. 09 _______________ 10 * Section 1. AS 04.16.160(a) is amended to read: 11 (a) Except as otherwise provided by law, a person who is 21 years of age or

01 older may not purchase alcoholic beverages if the person has been ordered to refrain 02 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 03 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 04 municipal ordinance or as a condition of probation or parole from a conviction under 05 AS 28.35.030, 28.35.032, or a similar municipal ordinance. The restriction on 06 purchasing alcoholic beverages applies during the period that the person is required to 07 refrain from consuming alcoholic beverages under the sentence or condition of 08 probation or parole. 09 * Sec. 2. AS 11.56 is amended by adding a new section to read: 10 Sec. 11.56.730. Failure to appear. (a) A person commits the crime of failure 11 to appear if the person 12 (1) is released under the provisions of AS 12.30; 13 (2) knows that the person is required to appear before a court or 14 judicial officer at the time and place of a scheduled hearing; and 15 (3) with criminal negligence does not appear before the court or 16 judicial officer at the time and place of the scheduled hearing. 17 (b) In a prosecution for failure to appear under (a) of this section, it is an 18 affirmative defense that unforeseeable circumstances, outside the person's control, 19 prevented the person from appearing before the court or judicial officer at the time and 20 place of the scheduled hearing, and the person contacted the court orally and in writing 21 immediately upon being able to make the contact. 22 (c) A person who commits failure to appear incurs a forfeiture of any security 23 for any appearance of the person that was given or pledged to the court for the person's 24 release, and is guilty of a 25 (1) class C felony if the person was released in connection with a 26 charge of a felony, or while awaiting sentence or appeal after conviction of a felony; 27 (2) class A misdemeanor if the person was released in connection with 28 a 29 (A) charge of a misdemeanor, or while awaiting sentence or 30 appeal after conviction of a misdemeanor; or 31 (B) requirement to appear as a material witness in a criminal

01 proceeding. 02 * Sec. 3. AS 12.25.030(b) is amended to read: 03 (b) In addition to the authority granted by (a) of this section, a peace officer 04 (1) shall make an arrest under the circumstances described in 05 AS 18.65.530; 06 (2) without a warrant may arrest a person if the officer has probable 07 cause to believe the person has, either in or outside the presence of the officer, 08 (A) committed a crime involving domestic violence, whether 09 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving 10 domestic violence" has the meaning given in AS 18.66.990; 11 (B) committed the crime of violating a protective order in 12 violation of AS 11.56.740; or 13 (C) violated a condition of release imposed under 14 AS 12.30.016(e) [AS 12.30.025] or 12.30.027; 15 (3) without a warrant may arrest a person when the peace officer has 16 probable [REASONABLE] cause for believing that the person has 17 (A) committed a crime under or violated conditions imposed as 18 part of the person's release before trial on misdemeanor charges brought under 19 AS 11.41.270; 20 (B) violated AS 04.16.050 or an ordinance with similar 21 elements; however, unless there is a lawful reason for further detention, a 22 person who is under [THE AGE OF] 18 years of age and who has been 23 arrested for violating AS 04.16.050 or an ordinance with similar elements shall 24 be cited for the offense and released to the person's parent, guardian, or legal 25 custodian; or 26 (C) violated conditions imposed as part of the person's release 27 under the provisions of AS 12.30 [BEFORE TRIAL ON FELONY 28 CHARGES BROUGHT UNDER AS 11.41.410 - 11.41.458]. 29 * Sec. 4. AS 12.30 is amended by adding a new section to read: 30 Sec. 12.30.006. Release procedures. (a) At the first appearance before a 31 judicial officer, a person charged with an offense shall be released or detained under

01 the provisions of this chapter. 02 (b) At the first appearance before a judicial officer, a person who is charged 03 with a felony may be detained up to 48 hours for the prosecuting authority to 04 demonstrate that release of the person under AS 12.30.011(a) would not reasonably 05 assure the appearance of the person or will pose a danger to the victim, other persons, 06 or the community. 07 (c) A person who remains in custody 48 hours after appearing before a judicial 08 officer because of inability to meet the conditions of release shall, upon application, be 09 entitled to have the conditions reviewed by the judicial officer who imposed them. If 10 the judicial officer who imposed the conditions of release is not available, any judicial 11 officer in the judicial district may review the conditions. 12 (d) If a person remains in custody after review of conditions by a judicial 13 officer under (c) of this section, the person may request a subsequent review of 14 conditions. Unless the prosecuting authority stipulates otherwise or the person has 15 been incarcerated for a period equal to the maximum sentence for the most serious 16 charge for which the person is being held, a judicial officer may not schedule a bail 17 review hearing under this subsection unless 18 (1) the person provides to the court and the prosecuting authority a 19 written statement that new information not considered at the previous review will be 20 presented at the hearing; the statement must include a description of the information 21 and the reason the information was not presented at a previous hearing; in this 22 paragraph, "new information" does not include the inability to post the required bail; 23 (2) the prosecuting authority and any surety, if applicable, have at least 24 48 hours' written notice before the time set for the review requested under this 25 subsection; the defendant shall notify the surety; and 26 (3) at least seven days have elapsed between the previous review and 27 the time set for the requested review. 28 (e) A judicial officer may solicit comments by the victim or a parent or 29 guardian of a minor victim who is present at the bail review hearing and wishes to 30 comment. The judicial officer shall consider those comments and any response by the 31 person before making a decision concerning the release of the person.

01 (f) The judicial officer shall issue written or oral findings that explain the 02 reasons the officer imposed the particular conditions of release or modifications or 03 additions to conditions previously imposed. The judicial officer shall inform the 04 person that a law enforcement officer may arrest the person without a warrant for 05 violation of the court's order establishing conditions of release. 06 (g) Information offered or introduced at a bail hearing to determine conditions 07 of release need not conform to the rules governing the admissibility of evidence. 08 * Sec. 5. AS 12.30 is amended by adding new sections to read: 09 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 10 chapter, a judicial officer shall order a person charged with an offense to be released 11 on the person's personal recognizance or upon execution of an unsecured appearance 12 bond, on the condition that the person 13 (1) obey all court orders and all federal, state, and local laws; 14 (2) appear in court when ordered; 15 (3) if represented, maintain contact with the person's lawyer; and 16 (4) notify the person's lawyer, who shall notify the prosecuting 17 authority and the court, not more than 24 hours after the person changes residence. 18 (b) If a judicial officer determines that the release under (a) of this section will 19 not reasonably assure the appearance of the person or will pose a danger to the victim, 20 other persons, or the community, the officer shall impose the least restrictive condition 21 or conditions that will reasonably assure the person's appearance and protect the 22 victim, other persons, and the community. In addition to conditions under (a) of this 23 section, the judicial officer may, singly or in combination, 24 (1) require the execution of an appearance bond in a specified amount 25 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 26 of the amount of the bond; 27 (2) require the execution of a bail bond with sufficient solvent sureties 28 or the deposit of cash; 29 (3) require the execution of a performance bond in a specified amount 30 of cash to be deposited in the registry of the court; 31 (4) place restrictions on the person's travel, association, or residence;

01 (5) order the person to refrain from possessing a deadly weapon on the 02 person or in the person's vehicle or residence; 03 (6) require the person to maintain employment or, if unemployed, 04 actively seek employment; 05 (7) require the person to notify the person's lawyer and the prosecuting 06 authority within two business days after any change in employment; 07 (8) require the person to avoid all contact with a victim, a potential 08 witness, or a codefendant; 09 (9) require the person to refrain from the consumption and possession 10 of alcoholic beverages; 11 (10) require the person to refrain from the use of a controlled substance 12 as defined by AS 11.71, unless prescribed by a licensed health care provider with 13 prescriptive authority; 14 (11) require the person to be physically inside the person's residence, 15 or in the residence of the person's third-party custodian, at time periods set by the 16 court; 17 (12) require the person to keep regular contact with a law enforcement 18 officer or agency; 19 (13) order the person to refrain from entering or remaining in premises 20 licensed under AS 04; 21 (14) place the person in the custody of an individual who agrees to 22 serve as a third-party custodian of the person as provided in AS 12.30.021; 23 (15) if the person is under the treatment of a licensed health care 24 provider, order the person to follow the provider's treatment recommendations; 25 (16) order the person to take medication that has been prescribed for 26 the person by a licensed health care provider with prescriptive authority; 27 (17) order the person to comply with any other condition that is 28 reasonably necessary to assure the appearance of the person and to assure the safety of 29 the victim, other persons, and the community. 30 (c) In determining the conditions of release under this chapter, the court shall 31 consider the following:

01 (1) the nature and circumstances of the offense charged; 02 (2) the weight of the evidence against the person; 03 (3) the nature and extent of the person's family ties and relationships; 04 (4) the person's employment status and history; 05 (5) the length and character of the person's past and present residence; 06 (6) the person's record of convictions; 07 (7) the person's record of appearance at court proceedings; 08 (8) assets available to the person to meet monetary conditions of 09 release; 10 (9) the person's reputation, character, and mental condition; 11 (10) the effect of the offense on the victim, any threats made to the 12 victim, and the danger that the person poses to the victim; 13 (11) any other facts that are relevant to the person's appearance or the 14 person's danger to the victim, other persons, or the community. 15 (d) In making a finding regarding the release of a person under this chapter, 16 (1) except as otherwise provided in this chapter, the burden of proof is 17 on the prosecuting authority that a person charged with an offense should be detained 18 or released with conditions described in (b) of this section or AS 12.30.016; 19 (2) there is a rebuttable presumption that no condition or combination 20 of conditions will reasonably assure the appearance of the person or the safety of the 21 victim, other persons, or the community, if the person is 22 (A) charged with an unclassified felony, a class A felony, a 23 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 24 (B) charged with a felony crime against a person under 25 AS 11.41, was previously convicted of a felony crime against a person under 26 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 27 five years have elapsed between the date of the person's unconditional 28 discharge on the immediately preceding offense and the commission of the 29 present offense; 30 (C) charged with a felony offense committed while the person 31 was on release under this chapter for a charge or conviction of another offense;

01 (D) charged with a crime involving domestic violence, and has 02 been convicted in the previous five years of a crime involving domestic 03 violence in this state or a similar offense in another jurisdiction; 04 (E) arrested in connection with an accusation that the person 05 committed a felony outside the state or is a fugitive from justice from another 06 jurisdiction, and the court is considering release under AS 12.70. 07 Sec. 12.30.016. Release before trial in certain cases. (a) A judicial officer 08 may impose, in addition to those required or authorized under AS 12.30.011, 09 conditions of release for offenses described in this section, if necessary to reasonably 10 assure the person's appearance or the safety of the victim, other persons, or the 11 community. 12 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 13 AS 28.35.030, or 28.35.032, a judicial officer may order the person 14 (1) to refrain from 15 (A) consuming alcoholic beverages; or 16 (B) possessing on the person, in the person's residence, or in 17 any vehicle or other property over which the person has control, alcoholic 18 beverages; 19 (2) to submit to a search without a warrant of the person, the person's 20 personal property, the person's residence, or any vehicle or other property over which 21 the person has control, for the presence of alcoholic beverages by a peace officer who 22 has reasonable suspicion that the person is violating the conditions of the person's 23 release by possessing alcoholic beverages; 24 (3) to submit to a breath test when requested by a law enforcement 25 officer; 26 (4) to provide a sample for a urinalysis or blood test when requested by 27 a law enforcement officer; 28 (5) to take a drug or combination of drugs intended to prevent 29 substance abuse; 30 (6) to follow any treatment plan imposed by the court under 31 AS 28.35.028.

01 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 02 officer may order the person 03 (1) to refrain from 04 (A) consuming a controlled substance; or 05 (B) possessing on the person, in the person's residence, or in 06 any vehicle or other property over which the person has control, a controlled 07 substance or drug paraphernalia; 08 (2) to submit to a search without a warrant of the person, the person's 09 personal property, the person's residence, or any vehicle or other property over which 10 the person has control, for the presence of a controlled substance or drug paraphernalia 11 by a peace officer who has reasonable suspicion that the person is violating the terms 12 of the person's release by possessing controlled substances or drug paraphernalia; 13 (3) to enroll in a random drug testing program, at the person's expense, 14 to detect the presence of a controlled substance, with testing to occur not less than 15 once a week, and with the results being submitted to the court and the prosecuting 16 authority; 17 (4) to refrain from entering or remaining in a place where a controlled 18 substance is being used, manufactured, grown, or distributed; 19 (5) to refrain from being physically present at, within a two-block area 20 of, or within a designated area near, the location where the alleged offense occurred or 21 at other designated places, unless the person actually resides within that area; or 22 (6) to refrain from the use or possession of an inhalant. 23 (d) In a prosecution charging misconduct involving a controlled substance 24 under AS 11.71.020(a)(2) for the manufacture of methamphetamine, or its salts, 25 isomers, or salts of isomers, if the person has been previously convicted in this or 26 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 27 of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 28 require the posting of a minimum of $250,000 cash bond before the person may be 29 released. The judicial officer may reduce this requirement if the person proves to the 30 satisfaction of the officer that the person's only role in the offense was as an aider or 31 abettor and that the person did not stand to benefit financially from the manufacturing.

01 (e) In a prosecution charging the crime of stalking that is not a crime involving 02 domestic violence, a judicial officer may order the person to 03 (1) follow the provisions of any protective order to which the person is 04 respondent; 05 (2) refrain from contacting in any manner, including by telephone or 06 electronic communication, the victim; 07 (3) engage in counseling; if available in the community, the judicial 08 officer shall require that counseling ordered include counseling about alternatives to 09 aggressive behavior. 10 (f) In a prosecution charging a crime under AS 11.41.410 - 11.41.458, a 11 judicial officer 12 (1) may order the person to have no contact with the victim except as 13 specifically allowed by the court; 14 (2) may order the person to reside in a place where the person is not 15 likely to come into contact with the victim of the offense; 16 (3) may order the person to have no contact with any person under 18 17 years of age except in the normal course of business in a public place; 18 (4) shall assure that the victim and the parent or guardian of a minor 19 victim have been notified by a law enforcement agency or the prosecuting authority of 20 a hearing where release is being considered, or that a reasonable effort at notification 21 has been made; and 22 (5) shall solicit comments from the victim or a parent or guardian of 23 the minor victim who is present and wishes to comment, and consider those comments 24 before making a decision concerning the release of the person. 25 * Sec. 6. AS 12.30 is amended by adding a new section to read: 26 Sec. 12.30.021. Third-party custodians. (a) In addition to other conditions 27 imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party 28 custodian if the officer finds that the appointment will, singly or in combination with 29 other conditions, reasonably assure the person's appearance and the safety of the 30 victim, other persons, and the community. 31 (b) A judicial officer may appoint an individual as a third-party custodian if

01 the proposed custodian 02 (1) provides information to the judicial officer about the proposed 03 custodian's residence, occupation, ties to the community, and relationship with the 04 person, and provides any other information requested by the judicial officer; 05 (2) is physically able to perform the duties of custodian of the person; 06 (3) personally, by telephone, or by other technology approved by the 07 court, appears in court with the person and acknowledges to the judicial officer orally 08 and in writing that the proposed custodian 09 (A) understands the duties of custodian and agrees to perform 10 them; the proposed custodian must specifically agree to immediately report in 11 accordance with the terms of the order if the person released has violated a 12 condition of release; and 13 (B) understands that failure to perform those duties may result 14 in the custodian's being held criminally liable under AS 09.50.010 or 15 AS 11.56.758. 16 (c) A judicial officer may not appoint a person as a third-party custodian if 17 (1) the proposed custodian is acting as a third-party custodian for 18 another person; 19 (2) the proposed custodian has been convicted in the previous three 20 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 21 (3) criminal charges are pending in this state or another jurisdiction 22 against the proposed custodian; 23 (4) the proposed custodian is on probation in this state or another 24 jurisdiction for an offense; 25 (5) the proposed custodian may be called as a witness in the 26 prosecution of the person; 27 (6) the proposed custodian resides out of state; however, a nonresident 28 may serve as a custodian if the nonresident resides in the state while serving as 29 custodian. 30 * Sec. 7. AS 12.30.027(a) is amended to read: 31 (a) Before ordering release before or after trial, or pending appeal, of a person

01 charged with or convicted of a crime involving domestic violence, the judicial officer 02 [COURT] shall consider the safety of the [ALLEGED] victim or other household 03 member. To protect the [ALLEGED] victim, household member, other persons, and 04 the community [PUBLIC] and to reasonably assure the person's appearance, the 05 judicial officer shall impose conditions required under AS 12.30.011, and 06 [COURT] may impose [BAIL AND] any of the conditions authorized under 07 AS 12.30.011 [AS 12.30.020], any of the provisions of AS 18.66.100(c)(1) - (7) and 08 (11), and any other condition necessary to protect the [ALLEGED] victim, household 09 member, other persons, and the community [PUBLIC], and to ensure the appearance 10 of the person in court, including ordering the person to refrain from the consumption 11 of alcohol. 12 * Sec. 8. AS 12.30.027(b) is amended to read: 13 (b) A judicial officer [COURT] may not order or permit a person released 14 under (a) of this section to return to the residence or place of employment of the 15 [ALLEGED] victim or the residence or place of employment of a petitioner who has 16 a protective order directed to the person and issued or filed under AS 18.66.100 - 17 18.66.180 unless 18 (1) 20 days have elapsed following the date the person was 19 arrested; 20 (2) the victim or petitioner consents to the person's return to the 21 residence or place of employment; 22 (3) the person does not have a prior conviction for an offense 23 under AS 11.41 that is a crime involving domestic violence; and 24 (4) the court finds by clear and convincing evidence that the return 25 to the residence or place of employment does not pose a danger to the victim or 26 petitioner. 27 * Sec. 9. AS 12.30.030 is repealed and reenacted to read: 28 Sec. 12.30.030. Appeal from conditions of release. (a) If a person remains in 29 custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken 30 to the court having appellate jurisdiction over the court imposing the conditions. The 31 appellate court shall affirm the order unless it finds that the lower court abused its

01 discretion. 02 (b) If the appellate court finds that the lower court abused its discretion, the 03 appellate court may modify the order, remand the matter for further proceedings, or 04 remand the matter directing entry of the appropriate order, including release under 05 AS 12.30.011(a). The appeal shall be determined promptly. 06 * Sec. 10. AS 12.30 is amended by adding a new section to read: 07 Sec. 12.30.031. Temporary release. (a) A person, either before trial or after 08 conviction, who is detained under this chapter may be released temporarily if 09 (1) the person is being held in connection with a misdemeanor or class 10 B or C felony; 11 (2) the release is requested because of the 12 (A) death of an immediate family member of the person; 13 (B) birth of the person's child if the defendant executes an 14 affidavit of paternity before the release; 15 (C) person's need for a mental health or substance abuse 16 assessment that the court finds cannot be accommodated in the facility or 17 telephonically; or 18 (D) person's need for a medical or dental examination required 19 for acceptance into a residential treatment facility; and 20 (3) the court solicits information from the Department of Corrections 21 regarding the defendant's conduct while incarcerated and considers that information 22 when making a decision under this subsection. 23 (b) If a court orders temporary release of a person under (a) of this section, the 24 court shall order the person to appear in court during normal business hours at the end 25 of the period of temporary release and before the person is returned to a correctional 26 facility. 27 * Sec. 11. AS 12.30.040 is repealed and reenacted to read: 28 Sec. 12.30.040. Release before sentence; release after conviction. (a) Except 29 as provided in (b) of this section, a person who has been convicted of an offense and is 30 awaiting sentence or who has filed an appeal may be released under the provisions of 31 this chapter if the person establishes, by clear and convincing evidence, that the person

01 can be released under conditions that will reasonably assure the appearance of the 02 person and the safety of the victim, other persons, and the community. 03 (b) A person may not be released under (a) of this section if the person has 04 been convicted of an offense that is 05 (1) an unclassified or class A felony; 06 (2) a sexual felony; 07 (3) a class B felony if the person has been convicted within the 08 previous 10 years of a felony committed in this state or a similar offense committed in 09 another jurisdiction; or 10 (4) a felony in violation of AS 11.41, and the person has been found 11 guilty but mentally ill. 12 (c) A person who has been convicted of an offense and who has filed an 13 application for post-conviction relief may not be released under this section until the 14 court enters an order vacating all convictions against the person. A person who has 15 prevailed in an application for post-conviction relief may seek release before trial in 16 accordance with the provisions of this chapter. 17 * Sec. 12. AS 12.30.050 is repealed and reenacted to read: 18 Sec. 12.30.050. Release of material witnesses. (a) If the prosecution or 19 defense establishes by affidavit or other evidence that the testimony of a person is 20 material in a criminal proceeding, and that it may be impracticable to secure the 21 presence of the person by subpoena, a judicial officer may order the arrest of the 22 person and consider the release or detention of the person under the provisions of 23 AS 12.30.011. 24 (b) A material witness may not be detained because of inability to comply 25 with any condition of release if the testimony of the witness can adequately be secured 26 by deposition, unless further detention is necessary to prevent a failure of justice. 27 (c) Release of a material witness under (a) of this section may be delayed for a 28 reasonable period of time for the deposition of the witness to be taken. 29 * Sec. 13. AS 12.30 is amended by adding a new section to read: 30 Sec. 12.30.055. Persons appearing on petition to revoke. A person who is in 31 custody in connection with a petition to revoke probation for a felony crime against a

01 person under AS 11.41 does not have a right to be released under this chapter. A 02 judicial officer may, however, release the person under the provisions of this chapter, 03 if it is established by a preponderance of the evidence that the proposed release 04 conditions will reasonably assure the appearance of the person and the safety of the 05 victim, other persons, and the community. 06 * Sec. 14. AS 12.30.075(a) is amended to read: 07 (a) Cash or other security posted by a person [DEFENDANT] under 08 AS 12.30.011 [AS 12.30.020] that would otherwise be forfeited shall be held by the 09 court in trust for the benefit of the victim if, within 30 days after an order of the court 10 establishing a failure to appear or a violation of conditions of release, the prosecuting 11 authority gives notice that restitution may be requested as part of the sentence if the 12 person [DEFENDANT] is convicted. 13 * Sec. 15. AS 12.30 is amended by adding a new section to read: 14 Sec. 12.30.078. Conviction occurrence. In this chapter, a conviction occurs at 15 the time the person is found guilty, either by plea or verdict, of the offense. 16 * Sec. 16. AS 12.30.080 is amended by adding new paragraphs to read: 17 (3) "crime involving domestic violence" has the meaning given in 18 AS 18.66.990; 19 (4) "knowingly" has the meaning given in AS 11.81.900; 20 (5) "peace officer" has the meaning given in AS 11.81.900; 21 (6) "sexual felony" has the meaning given in AS 12.55.185; 22 (7) "stalking" means a violation of AS 11.41.260 or 11.41.270. 23 * Sec. 17. AS 12.55.015(a) is amended to read: 24 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 25 sentence on a defendant convicted of an offense, may singly or in combination 26 (1) impose a 27 [(A)] fine when authorized by law and as provided in 28 AS 12.55.035; [OR 29 (B) REPEALED] 30 (2) order the defendant to be placed on probation under conditions 31 specified by the court that may include provision for active supervision;

01 (3) impose a definite term of periodic imprisonment, but only if an 02 employment obligation of the defendant preexisted sentencing and the defendant 03 receives a composite sentence of not more than two years to serve; 04 (4) impose a definite term of continuous imprisonment; 05 (5) order the defendant to make restitution under AS 12.55.045; 06 (6) order the defendant to carry out a continuous or periodic program 07 of community work under AS 12.55.055; 08 (7) suspend execution of all or a portion of the sentence imposed under 09 AS 12.55.080; 10 (8) suspend imposition of sentence under AS 12.55.085; 11 (9) order the forfeiture to the commissioner of public safety or a 12 municipal law enforcement agency of a deadly weapon that was in the actual 13 possession of or used by the defendant during the commission of an offense described 14 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 15 (10) order the defendant, while incarcerated, to participate in or 16 comply with the treatment plan of a rehabilitation program that is related to the 17 defendant's offense or to the defendant's rehabilitation if the program is made available 18 to the defendant by the Department of Corrections; 19 (11) order the forfeiture to the state of a motor vehicle, weapon, 20 electronic communication device, or money or other valuables, used in or obtained 21 through an offense that was committed for the benefit of, at the direction of, or in 22 association with a criminal street gang; 23 (12) order the defendant to have no contact, either directly or 24 indirectly, with a victim or witness of the offense until the defendant is 25 unconditionally discharged; 26 (13) order the defendant to refrain from consuming alcoholic 27 beverages for a period of time. 28 * Sec. 18. AS 12.55.015 is amended by adding a new subsection to read: 29 (k) Nothing in (a)(13) of this section limits or restricts the authority of a court 30 to order a person to refrain from the consumption of alcohol as a condition of sentence 31 or probation.

01 * Sec. 19. AS 12.55.155(c)(12) is amended to read: 02 (12) the defendant was on release under AS 12.30 [AS 12.30.020 OR 03 12.30.040] for another felony charge or conviction or for a misdemeanor charge or 04 conviction having assault as a necessary element; 05 * Sec. 20. AS 12.80.060(g)(2) is amended to read: 06 (2) "offense" means conduct subjecting a person to arrest as an adult 07 offender, or as a juvenile charged as an adult, 08 (A) due to a violation of a federal or state criminal law, or 09 municipal criminal ordinance; 10 (B) under AS 12.25.180; 11 (C) under AS 11.56.730 [AS 12.30.060]; or 12 (D) under AS 12.70. 13 * Sec. 21. AS 18.65.530(a) is amended to read: 14 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 15 without a warrant, shall arrest a person if the officer has probable cause to believe the 16 person has, either in or outside the presence of the officer, within the previous 12 17 hours, 18 (1) committed domestic violence, except an offense under 19 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 20 (2) committed the crime of violating a protective order in violation of 21 AS 11.56.740; 22 (3) violated a condition of release imposed under AS 12.30.016(e) or 23 (f) or 12.30.027 [AS 12.30.025, 12.30.027, OR 12.30.029]. 24 * Sec. 22. AS 18.66.160(a) is amended to read: 25 (a) Unless, on the record in court, the person has already been provided a 26 copy of the court's order, process [PROCESS] issued under this chapter shall be 27 promptly served and executed. If process is to be served upon a person believed to be 28 present or residing in a municipality, as defined in AS 29.71.800, or in an 29 unincorporated community, process shall be served by a peace officer of that 30 municipality or unincorporated community who has jurisdiction within the area of 31 service. If a peace officer of the municipality or unincorporated community who has

01 jurisdiction is not available, a superior court, district court, or magistrate may 02 designate any other peace officer to serve and execute process. A state peace officer 03 shall serve process in any area that is not within the jurisdiction of a peace officer of a 04 municipality or unincorporated community. A peace officer shall use every reasonable 05 means to serve process issued under this chapter. A judge may not order a peace 06 officer to serve a petition that has been denied by the court. 07 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of 10 Criminal Procedure, is amended to read: 11 (a) Appearance Before the Judge or Magistrate. 12 (1) Except when the person arrested is issued a citation for a 13 misdemeanor or a violation and immediately thereafter released, the arrested person 14 shall be taken before the nearest available judge or magistrate without unnecessary 15 delay. This appearance may be accomplished by the use of telephonic or television 16 equipment pursuant to Criminal Rules 38.1 and 38.2. Necessary [UNNECESSARY] 17 delay within the meaning of this paragraph (a) is defined as a period not to exceed 18 forty-eight [TWENTY-FOUR] hours after arrest, including Sundays and holidays. 19 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 5(a)(2), Alaska Rules of 22 Criminal Procedure, is amended to read: 23 (2) If 24 (i) The judge or magistrate commits the arrested person 25 to jail for a purpose other than to serve a sentence, and 26 (ii) The jail is situated in a different community from 27 the place where the judge or magistrate committed the arrested person 28 to jail, and 29 (iii) The arrested person is not represented by counsel, 30 and 31 (iv) The arrested person has not previously had a bail

01 review, and 02 (v) The arrested person has no date, time and place 03 established for his or her next court appearance, then the arrested 04 person shall be taken before a judge or magistrate in the community 05 where the jail is located within forty-eight [TWENTY-FOUR] hours of 06 the person's detention in that jail 07 (aa) in order for bail to be reviewed, and 08 (bb) in order to determine if the person is 09 represented by counsel, and 10 (cc) in order for [THE] counsel to be appointed, 11 if appropriate. 12 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 41(a), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (a) Admission to Bail. The defendant in a criminal proceeding is entitled to be 17 admitted to bail pursuant to AS 12.30.006 - 12.30.080 [AS 12.30.010 -12.30.080]. 18 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 DIRECT COURT RULE AMENDMENT. Rule 41(b), Alaska Rules of 21 Criminal Procedure, is amended to read: 22 (b) Types of Bonds. The court may require: 23 (1) the execution of an unsecured appearance bond in an amount 24 specified, under the criteria set forth in AS 12.30.011 [AS 12.30.010(a)]; 25 (2) the execution of an appearance bond in a specified amount and the 26 deposit in the registry of the court, in cash [OR OTHER SECURITY], of a sum not to 27 exceed 10 percent of the amount of the bond; 28 (3) the execution of a bail bond with sufficient solvent sureties or the 29 deposit of cash; or 30 (4) the execution of a performance bond in a specified amount and the 31 deposit in the registry of the court of cash [OR OTHER SECURITY].

01 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 41(c), Alaska Rules of 04 Criminal Procedure, is amended to read: 05 (c) Separate Bonds. If a performance bond is required, it must be enforced 06 separately from any appearance or bail bond. 07 (1) Appearance in court may not be a condition of a performance bond. 08 A court may not order that an appearance bond be concurrent with an 09 appearance bond in a pending case unless the surety who posted the first 10 appearance bond approves. 11 (2) The court may not change a performance or appearance bail 12 requirement without agreement by the surety, unless 13 (A) the surety waives the requirement for agreement in 14 advance and in writing; or 15 (B) the court, in writing, finds that the change in the 16 condition of bail poses no increase in risk of loss to the surety and the 17 court sets out in writing the reason for finding that there is no increase in 18 the risk of loss to the surety. 19 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 206(b), Alaska Rules of 22 Appellate Procedure, is amended to read: 23 (b) Release Pending Appeal. When an appeal on the merits is pending, an 24 appeal under AS 12.30.030 [AS 12.30.030(b)] from an order refusing bail pending 25 appeal or imposing conditions of release pending appeal shall be in the form of a 26 motion filed in the merit appeal. The motion must be filed with the clerk of the 27 appellate courts within 30 days after the date of the notice of the order from which 28 review is sought. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 29 32.3(c). The motion shall comply with Rule 503, and shall contain specific factual 30 information relevant to AS 12.30.011(c) [AS 12.30.020(c)], including but not limited 31 to the following:

01 (1) The full name of the appellant; the trial court case number; the 02 offenses of which the appellant was convicted, if applicable; the date of sentencing; 03 and the complete terms of the sentence; 04 (2) That application for release pending appeal has been made to the 05 trial court, the reasons given by the trial court for denying the application in whole or 06 in part, and facts and reasons demonstrating why the action of the trial court on the 07 application was erroneous or an abuse of discretion; 08 (3) A concise statement of the question or questions to be raised on the 09 appeal with a showing that the question or questions were raised in the trial court; 10 (4) Family: marital status; length of marriage; children, and their ages; 11 other relatives in the area of residence; 12 (5) Employment and financial circumstances: name of employer at 13 time of arrest and during pre-trial release; type of work; how long so employed; and 14 offer or promise of employment if released pending appeal; assets of the appellant or 15 of relatives or friends relevant to the ability to post money bail; 16 (6) Health: history of mental illness, alcoholism, or addiction to drugs, 17 if any; 18 (7) Residence: length of residence in the city or town in which the 19 appellant resided at the time of arrest; 20 (8) Criminal history: criminal convictions within ten years prior to the 21 present arrest; if the appellant has ever forfeited bail, or had release, probation, or 22 parole revoked, the date, the name and location of the court, and a brief description of 23 the circumstances; whether the present offense was committed while the appellant was 24 on bail or other release or on probation or parole; any other criminal charges pending 25 against the appellant at the time [OF] the motion is filed. 26 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 DIRECT COURT RULE AMENDMENT. Rule 603(b), Alaska Rules of 29 Appellate Procedure, is amended to read: 30 (b) Criminal Appeals. If a sentence of imprisonment is imposed, the court 31 may admit the defendant to bail and stay the sentence as provided by law and by

01 these rules [ADMISSION TO BAIL WILL BE ALLOWED AND THE SENTENCE 02 STAYED], pending appeal. A sentence to pay a fine or a fine and costs may be stayed, 03 if an appeal is taken, by the district judge or magistrate or by the superior court upon 04 such terms as the court deems proper. During appeal the court may require the 05 defendant to deposit the whole or any part of the fine and costs in the registry of the 06 superior court, or to give bond for the payment thereof, or to submit to an examination 07 of assets, and it may make an appropriate order to restrain the defendant from 08 dissipating his or her assets. An order placing the defendant on probation will be 09 stayed if an appeal is taken. 10 * Sec. 30. AS 12.30.010, 12.30.020, 12.30.023, 12.30.025, 12.30.027(g), 12.30.029, and 11 12.30.060 are repealed. 12 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. (a) AS 11.56.730, enacted in sec. 2 of this Act, applies to acts 15 committed on or after the effective date of this Act. 16 (b) The amendments to AS 12.25.030(b) made by sec. 3 of this Act apply to arrests 17 for violation of conditions of release occurring on or after the effective date of this Act for 18 offenses occurring before, on, or after the effective date of this Act. 19 (c) AS 12.30.006 - 12.30.021, enacted in secs. 4 - 6 of this Act; AS 12.30.030, 20 repealed and reenacted in sec. 9 of this Act; AS 12.30.031, enacted in sec. 10 of this Act; 21 AS 12.30.040, repealed and reenacted in sec. 11 of this Act; AS 12.30.055, enacted in sec. 13 22 of this Act; and AS 12.30.078, enacted in sec. 15 of this Act, apply to bail proceedings 23 occurring on or after the effective date of this Act for offenses occurring on or after the 24 effective date of this Act. 25 (d) AS 12.30.050, repealed and reenacted in sec. 12 of this Act, applies to bail 26 proceedings occurring on or after the effective date of this Act for offenses occurring before, 27 on, or after the effective date of this Act. 28 (e) The amendments to AS 12.30.027(a) and (b) made by secs. 7 and 8 of this Act; to 29 AS 12.30.075(a) made by sec. 14 of this Act; and to 12.30.080 made by sec. 16 of this Act 30 apply to bail proceedings occurring on or after the effective date of this Act for offenses 31 occurring before, on, or after the effective date of this Act.

01 (f) The amendments to Rule 5, Alaska Rules of Criminal Procedure, made by secs. 23 02 and 24 of this Act apply to offenses occurring on or after the effective date of this Act. 03 (g) The amendment to Rule 41(c), Alaska Rules of Criminal Procedure, made by sec. 04 27 of this Act applies to bail proceedings occurring on or after the effective date of this Act. 05 (h) The amendment to Rule 603(b), Alaska Rules of Appellate Procedure, made by 06 sec. 29 of this Act applies to convictions occurring on or after the effective date of this Act. 07 * Sec. 32. This Act takes effect July 1, 2010.