SB 252: "An Act 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 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."
00 SENATE BILL NO. 252 01 "An Act relating to the crime of failure to appear; relating to arrest for violating certain 02 conditions of release; relating to release before trial, before sentence, and pending 03 appeal; relating to material witnesses; relating to temporary release; relating to release 04 on a petition to revoke probation; relating to the first appearance before a judicial 05 officer after arrest; relating to service of process for domestic violence protective orders; 06 making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal 07 Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing 08 for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 11.56 is amended by adding a new section to read: 11 Sec. 11.56.730. Failure to appear. (a) A person commits the crime of failure 12 to appear if the person
01 (1) is released under the provisions of AS 12.30.006 - 12.30.080; 02 (2) knows that the person is required to appear before a court or 03 judicial officer at the time and place of a scheduled hearing; and 04 (3) does not appear before the court or judicial officer at the time and 05 place of the scheduled hearing; in this paragraph, the person's act of not appearing is 06 conduct that does not require a culpable mental state. 07 (b) In a prosecution for failure to appear under (a) of this section, it is an 08 affirmative defense that unforeseeable circumstances, outside the person's control, 09 prevented the person from appearing before the court or judicial officer at the time and 10 place of the scheduled hearing, and the person contacted the court or judicial officer 11 orally and in writing immediately upon being able to make the contact. 12 (c) A person who commits failure to appear incurs a forfeiture of any security 13 that was given or pledged to the court for the person's release, and is guilty of a 14 (1) class C felony if the person was released in connection with a 15 charge of a felony, or while awaiting sentence or appeal after conviction of a felony; 16 (2) class A misdemeanor if the person was released in connection with 17 a 18 (A) charge of a misdemeanor, or while awaiting sentence or 19 appeal after conviction of a misdemeanor; or 20 (B) requirement to appear as a material witness in a criminal 21 proceeding; 22 (3) violation if the person fails to appear in connection with a charge of 23 a violation. 24 * Sec. 2. AS 12.25.030(b) is amended to read: 25 (b) In addition to the authority granted by (a) of this section, a peace officer 26 (1) shall make an arrest under the circumstances described in 27 AS 18.65.530; 28 (2) without a warrant may arrest a person if the officer has probable 29 cause to believe the person has, either in or outside the presence of the officer, 30 (A) committed a crime involving domestic violence, whether 31 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving
01 domestic violence" has the meaning given in AS 18.66.990; 02 (B) committed the crime of violating a protective order in 03 violation of AS 11.56.740; or 04 (C) violated a condition of release imposed under 05 AS 12.30.016(e) [AS 12.30.025] or 12.30.027; 06 (3) without a warrant may arrest a person when the peace officer has 07 probable [REASONABLE] cause for believing that the person has 08 (A) committed a crime under or violated conditions imposed as 09 part of the person's release before trial on misdemeanor charges brought under 10 AS 11.41.270; 11 (B) violated AS 04.16.050 or an ordinance with similar 12 elements; however, unless there is a lawful reason for further detention, a 13 person who is under [THE AGE OF] 18 years of age and who has been 14 arrested for violating AS 04.16.050 or an ordinance with similar elements shall 15 be cited for the offense and released to the person's parent, guardian, or legal 16 custodian; or 17 (C) violated conditions imposed as part of the person's release 18 under the provisions of AS 12.30 [BEFORE TRIAL ON FELONY 19 CHARGES BROUGHT UNDER AS 11.41.410 - 11.41.458]. 20 * Sec. 3. AS 12.30 is amended by adding a new section to read: 21 Sec. 12.30.006. Release procedures. (a) At the first appearance before a 22 judicial officer, a person charged with an offense shall be released or detained under 23 the provisions of this chapter. 24 (b) At the first appearance before a judicial officer, a person who is charged 25 with a felony may be detained up to 48 hours for the prosecuting authority to 26 demonstrate that release of the person under AS 12.30.011(a) would not reasonably 27 assure the appearance of the person or will pose a danger to the victim, other persons, 28 or the community. 29 (c) A person who remains in custody 48 hours after appearing before a judicial 30 officer because of inability to meet the conditions of release shall, upon application, be 31 entitled to have the conditions reviewed by the judicial officer who imposed them. If
01 the judicial officer who imposed the conditions of release is not available, any judicial 02 officer in the judicial district may review the conditions. 03 (d) If a person remains in custody after review of conditions by a judicial 04 officer under (c) of this section, the person may request a subsequent review of 05 conditions. Unless the prosecuting authority stipulates otherwise or the person has 06 been incarcerated for a period equal to the maximum sentence for the most serious 07 charge for which the person is being held, a judicial officer may not schedule a bail 08 review hearing under this subsection unless 09 (1) the person provides to the court and the prosecuting authority a 10 written statement that new information not considered at the previous review will be 11 presented at the hearing; the statement must include a description of the information 12 and the reason the information was not presented at a previous hearing; in this 13 paragraph, "new information" does not include the inability to post the required bail; 14 (2) the court obtains a report from the clerk of court that describes any 15 previous criminal charges against the person and the person's history of compliance 16 with conditions of release that are in the records of the court; 17 (3) the prosecuting authority and any surety, if applicable, have at least 18 48 hours written notice before the time set for the review requested under this 19 subsection; and 20 (4) at least seven days have elapsed between the previous review and 21 the time set for the requested review. 22 (e) Before a person may be released under this chapter, the person must sign 23 and file a release agreement with the clerk of the court. The release agreement must 24 describe the terms and conditions of the person's release and include the person's 25 promise to abide by the terms and conditions. 26 (f) A judicial officer may solicit comments by the victim or a parent or 27 guardian of a minor victim, who is present at the bail review hearing and wishes to 28 comment. The judicial officer shall consider those comments before making a decision 29 concerning the release of the person. 30 (g) The judicial officer shall issue written or oral findings that explain the 31 reasons the officer imposed the particular conditions of release or modifications or
01 additions to conditions previously imposed. The judicial officer shall inform the 02 person that a law enforcement officer may arrest the person without a warrant for 03 violation of the court's order establishing conditions of release. 04 (h) Information offered or introduced at a bail review hearing before a judicial 05 officer to determine conditions of release need not conform to the rules governing the 06 admissibility of evidence in a court of law. 07 * Sec. 4. AS 12.30 is amended by adding new sections to read: 08 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 09 chapter, a judicial officer shall order a person charged with an offense to be released 10 on the person's personal recognizance or upon execution of an unsecured appearance 11 bond, on the condition that the person 12 (1) obey all court orders and all federal, state, and local laws; 13 (2) appear in court when ordered; 14 (3) if represented, maintain contact with the person's lawyer; and 15 (4) notify the person's lawyer and the prosecuting authority no more 16 than 24 hours after the person changes residence. 17 (b) If a judicial officer determines that the release under (a) of this section will 18 not reasonably assure the appearance of the person or will pose a danger to the victim, 19 other persons, or the community, the officer shall impose the least restrictive condition 20 or conditions that will reasonably assure the person's appearance and protect the 21 victim, other persons, and the community. In addition to conditions under (a) of this 22 section, the judicial officer may, singly or in combination, 23 (1) require the execution of an appearance bond in a specified amount 24 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 25 of the amount of the bond; 26 (2) require the execution of a bail bond with sufficient solvent sureties 27 or the deposit of cash; 28 (3) require the execution of a performance bond in a specified amount 29 of cash to be deposited in the registry of the court; 30 (4) place restrictions on the person's travel, association, or residence; 31 (5) order the person to refrain from possessing a deadly weapon on the
01 person or in the person's vehicle or residence; 02 (6) require the person to maintain employment, or if unemployed, 03 actively seek employment; 04 (7) require the person to notify the person's lawyer and the prosecuting 05 authority within two business days of any change in employment; 06 (8) require the person to avoid all contact with a victim, a potential 07 witness, or a codefendant; 08 (9) require the person to refrain from the consumption and possession 09 of alcoholic beverages; 10 (10) require the person to refrain from the use of a controlled substance 11 as defined by AS 11.71, unless prescribed by a licensed health care provider with 12 prescriptive authority; 13 (11) require the person to be physically inside the person's residence, 14 or in the residence of the person's third-party custodian, at time periods set by the 15 court; 16 (12) require the person to keep regular contact with an office of the 17 Alaska State Troopers or with a village public safety officer; 18 (13) order the person to refrain from entering or remaining in premises 19 licensed under AS 04; 20 (14) place the person in the custody of an individual who agrees to 21 serve as a third-party custodian of the person as provided in AS 12.30.021; 22 (15) if the person is under the treatment of a licensed health care 23 provider, order the person to follow the provider's treatment recommendations; 24 (16) order the person to take medication that has been prescribed for 25 the person by a licensed health care provider with prescriptive authority; 26 (17) order the person to comply with any other condition that is 27 reasonably necessary to assure the appearance of the person and to assure the safety of 28 the victim, other persons, and the community. 29 (c) In determining the conditions of release under this chapter, the court shall 30 consider the following: 31 (1) the nature and circumstances of the offense charged;
01 (2) the weight of the evidence against the person; 02 (3) the nature and extent of the person's family ties and relationships; 03 (4) the person's employment status and history; 04 (5) the length and character of the person's past and present residence; 05 (6) the person's record of convictions; 06 (7) the person's record of appearance at court proceedings; 07 (8) assets available to the person to meet monetary conditions of 08 release; 09 (9) the person's reputation, character, and mental condition; 10 (10) the effect of the offense on the victim, any threats made to the 11 victim, and the danger that the person poses to the victim; 12 (11) any other facts that are relevant to the person's appearance or the 13 person's danger to the victim, other persons, or the community. 14 (d) In making a finding regarding the release or detention of a person under 15 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 may be overcome by a 20 preponderance of evidence, that no condition or combination of conditions will 21 reasonably assure the appearance of the person or the safety of the victim, other 22 persons, or the community, if the person is 23 (A) charged with an unclassified felony, a class A felony, or a 24 sexual felony; 25 (B) charged with a felony, was previously convicted of a felony 26 in this state or a similar offense in another jurisdiction, and less than five years 27 have elapsed between the date of the person's unconditional discharge on the 28 immediately preceding offense and the commission of the present offense; 29 (C) charged with an offense committed while the person was 30 on release under this chapter for a charge or conviction of another offense; 31 (D) charged with a crime involving domestic violence, and has
01 been convicted in the previous five years of a crime involving domestic 02 violence in this state or a similar offense in another jurisdiction; 03 (E) arrested in connection with an accusation that the person 04 committed a felony outside the state or is a fugitive from justice from another 05 jurisdiction, and the court is considering release under AS 12.70. 06 Sec. 12.30.016. Release before trial in certain cases. (a) A judicial officer 07 may impose, in addition to those required or authorized under AS 12.30.011, 08 conditions of release for offenses described in this section, if necessary to reasonably 09 assure the person's appearance or the safety of the victim, other persons, or the 10 community. 11 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 12 AS 28.35.030, or 28.35.032, a judicial officer may 13 (1) order the person to refrain from 14 (A) consuming alcohol beverages; or 15 (B) possessing on the person, in the person's residence, or in 16 any vehicle or other property over which the person has control, alcoholic 17 beverages; 18 (2) order the person to submit to a search without a warrant of the 19 person, the person's personal property, the person's residence, or any vehicle or other 20 property over which the person has control, for the presence of alcoholic beverages by 21 a peace officer who has reasonable suspicion that the person is violating the conditions 22 of the person's release by possessing alcoholic beverages; 23 (3) order the person to submit to a breath test when requested by a law 24 enforcement officer; 25 (4) order the person to provide a sample for a urinalysis or blood test 26 when requested by a law enforcement officer; 27 (5) order the person to take a drug or combination of drugs intended to 28 prevent substance abuse; 29 (6) order the person to follow any treatment plan imposed by the court 30 under AS 28.35.028. 31 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial
01 officer may 02 (1) order the person to refrain from 03 (A) consuming a controlled substance; or 04 (B) possessing on the person, in the person's residence, or in 05 any vehicle or other property over which the person has control, a controlled 06 substance or drug paraphernalia; 07 (2) order the person to submit to a search without a warrant of the 08 person, the person's personal property, the person's residence, or any vehicle or other 09 property over which the person has control, for the presence of a controlled substance 10 or drug paraphernalia by a peace officer who has reasonable suspicion that the person 11 is violating the terms of the person's release by possessing controlled substances or 12 drug paraphernalia; 13 (3) order the person to enroll in a random drug testing program, at the 14 person's expense, to detect the presence of a controlled substance, with testing to occur 15 not less than once a week, and with the results being submitted to the court and the 16 prosecuting authority; 17 (4) order the person to refrain from entering or remaining in a place 18 where a controlled substance is being used, manufactured, grown, or distributed; 19 (5) order the person to refrain from being physically present, within a 20 two-block area of, or within a designated area near, the location where the alleged 21 offense occurred or at other designated places, unless the person actually resides 22 within that area; or 23 (6) order the person to refrain from the use or possession of an 24 inhalant. 25 (d) In a prosecution charging misconduct involving a controlled substance 26 under AS 11.71.020(a)(2) for the manufacture of methamphetamine, or its salts, 27 isomers, or salts of isomers, if the person has been previously convicted in this or 28 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 29 methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 30 require the posting of a minimum of $250,000 cash bond before the person may be 31 released. The judicial officer may reduce this requirement if the person proves to the
01 satisfaction of the officer that the person's only role in the offense was as an aider or 02 abettor and that the person did not stand to benefit financially from the manufacturing. 03 (e) In a prosecution charging the crime of stalking that is not a crime involving 04 domestic violence, a judicial officer may order the person to 05 (1) follow the provisions of any protective order to which the person is 06 respondent; 07 (2) refrain from contacting in any manner, including by telephone or 08 electronic mail, the victim; 09 (3) engage in counseling; if available in the community, the judicial 10 officer shall require that counseling ordered include counseling about alternatives to 11 aggressive behavior. 12 (f) In a prosecution charging a crime under AS 11.41.410 - 11.41.458, a 13 judicial officer 14 (1) may order the person to have no contact with the victim except as 15 specifically allowed by the court; 16 (2) may order the person to reside in a place where the person is not 17 likely to come into contact with the victim of the offense; 18 (3) may order the person to have no contact with any person under 18 19 years of age except in the normal course of business in a public place; 20 (4) shall assure that the victim and a minor victim's parent or guardian 21 have been notified by a law enforcement agency or the prosecuting authority of a 22 hearing where release is being considered, or that a reasonable effort at notification 23 has been made; and 24 (5) shall solicit comments from the victim, or a parent or guardian of 25 the minor victim, who is present and wishes to comment, and consider those 26 comments before making a decision concerning the release of the person. 27 * Sec. 5. AS 12.30 is amended by adding a new section to read: 28 Sec. 12.30.021. Third-party custodians. (a) In addition to other conditions 29 imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party 30 custodian if the officer finds that the appointment will, singly or in combination with 31 other conditions, reasonably assure the person's appearance and the safety of the
01 victim, other persons, and the community. 02 (b) A judicial officer may appoint an individual as a third-party custodian if 03 the proposed custodian 04 (1) provides information to the judicial officer about the proposed 05 custodian's residence, occupation, ties to the community, and relationship with the 06 person, and provides any other information requested by the judicial officer; 07 (2) is physically able to perform the duties of custodian of the person; 08 (3) appears in court with the person and acknowledges to the judicial 09 officer personally and in writing that the proposed custodian 10 (A) understands the duties of custodian and agrees to perform 11 them; the proposed custodian must specifically agree to immediately report in 12 accordance with the terms of the order if the person released has violated a 13 condition of release; and 14 (B) understands that failure to perform those duties may result 15 in the custodian being held criminally liable under AS 09.50.010 or 16 AS 11.56.758. 17 (c) A judicial officer may not appoint a person as a third-party custodian if one 18 or more of the following apply: 19 (1) the proposed custodian is acting as a third-party custodian for 20 another person; 21 (2) the proposed custodian has been convicted of a class A 22 misdemeanor in the previous five years or a felony in the previous 10 years in this 23 state or another jurisdiction; 24 (3) criminal charges are pending in this state or another jurisdiction 25 against the proposed custodian; 26 (4) the proposed custodian is on probation in this state or another 27 jurisdiction for an offense; 28 (5) the proposed custodian may be called as a witness in the 29 prosecution of the person; 30 (6) the proposed custodian resides out of state. 31 * Sec. 6. AS 12.30.027(a) is amended to read:
01 (a) Before ordering release before or after trial, or pending appeal, of a person 02 charged with or convicted of a crime involving domestic violence, the judicial officer 03 [COURT] shall consider the safety of the [ALLEGED] victim or other household 04 member. To protect the [ALLEGED] victim, household member, other persons, and 05 the community [PUBLIC] and to reasonably assure the person's appearance, the 06 judicial officer shall impose conditions required under AS 12.30.011, and 07 [COURT] may impose [BAIL AND] any of the conditions authorized under 08 AS 12.30.011 [AS 12.30.020], any of the provisions of AS 18.66.100(c)(1) - (7) and 09 (11), and any other condition necessary to protect the [ALLEGED] victim, household 10 member, other persons, and the community [PUBLIC], and to ensure the appearance 11 of the person in court, including ordering the person to refrain from the consumption 12 of alcohol. 13 * Sec. 7. AS 12.30.027(b) is amended to read: 14 (b) A judicial officer [COURT] may not order or permit a person released 15 under (a) of this section to return to the residence of the [ALLEGED] victim or the 16 residence of a petitioner who has a protective order directed to the person and issued 17 or filed under AS 18.66.100 - 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; 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 does not pose a danger to the victim or petitioner. 26 * Sec. 8. AS 12.30.030 is repealed and reenacted to read: 27 Sec. 12.30.030. Appeal from conditions of release. (a) If a person remains in 28 custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken 29 to the court having appellate jurisdiction over the court imposing the conditions. The 30 appellate court shall affirm the order unless it finds that the lower court abused its 31 discretion.
01 (b) If the appellate court finds that the lower court abused its discretion, the 02 appellate court may modify the order, remand the matter for further proceedings, or 03 remand the matter directing entry of the appropriate order, including release under 04 AS 12.30.011(a). The appeal shall be determined promptly. 05 * Sec. 9. AS 12.30 is amended by adding a new section to read: 06 Sec. 12.30.031. Temporary release. (a) A person either before trial or after 07 conviction who is detained under this chapter may be released temporarily if 08 (1) the person is being held in connection with a misdemeanor or class 09 B or C felony; 10 (2) the release is requested because of the 11 (A) death of an immediate family member of the person; 12 (B) birth of the person's child if the defendant executes an 13 affidavit of paternity before the release; 14 (C) person's need for a mental health or substance abuse 15 assessment that the court finds cannot be accommodated in the facility or 16 telephonically; or 17 (D) person's need for a medical or dental examination required 18 for acceptance into a residential treatment facility; and 19 (3) the court solicits information from the Department of Corrections 20 regarding the defendant's conduct while incarcerated and considers that information 21 when making a decision under this subsection. 22 (b) If a court orders temporary release of a person under (a) of this section, the 23 court shall order the person to appear in court during normal business hours at the end 24 of the period of temporary release and before the person is returned to a correctional 25 facility. 26 * Sec. 10. AS 12.30.040 is repealed and reenacted to read: 27 Sec. 12.30.040. Release before sentence; release after conviction. (a) Except 28 as provided in (b) of this section, a person who has been convicted of an offense and is 29 awaiting sentence or who has filed an appeal may be released under the provisions of 30 this chapter if the person establishes, by clear and convincing evidence, that the person 31 can be released under conditions that will reasonably assure the appearance of the
01 person and the safety of the victim, other persons, and the community. 02 (b) A person may not be released under (a) of this section if the person has 03 been convicted of an offense that is 04 (1) an unclassified or class A felony; 05 (2) a sexual felony; 06 (3) a class B or C felony if the person has been convicted within the 07 previous 10 years of a felony committed in this state or a similar offense committed in 08 another jurisdiction; or 09 (4) a felony in violation of AS 11.41, and the person has been found 10 guilty but mentally ill. 11 (c) A person who has been convicted of an offense and who has filed an 12 application for post-conviction relief may not be released under this section until the 13 court enters an order vacating all convictions against the person. A person who has 14 prevailed in an application for post-conviction relief may seek release before trial in 15 accordance with the provisions of this chapter. 16 * Sec. 11. AS 12.30.050 is repealed and reenacted to read: 17 Sec. 12.30.050. Release of material witnesses. (a) If the prosecution or 18 defense establishes by affidavit or other evidence that the testimony of a person is 19 material in a criminal proceeding, and that it may be impracticable to secure the 20 presence of the person by subpoena, a judicial officer may order the arrest of the 21 person and consider the release or detention of the person under the provisions of 22 AS 12.30.011. 23 (b) A material witness may not be detained because of inability to comply 24 with any condition of release if the testimony of the witness can adequately be secured 25 by deposition, unless further detention is necessary to prevent a failure of justice. 26 (c) Release of a material witness under (a) of this section may be delayed for a 27 reasonable period of time for the deposition of the witness to be taken. 28 * Sec. 12. AS 12.30 is amended by adding a new section to read: 29 Sec. 12.30.055. Persons appearing on petition to revoke. A person who is in 30 custody in connection with a petition to revoke probation does not have a right to be 31 released under this chapter. A judicial officer may, however, release the person under
01 the provisions of this chapter, if the person establishes by a preponderance of evidence 02 that the proposed release conditions will reasonably assure the appearance of the 03 person and the safety of the victim, other persons, and the community. 04 * Sec. 13. AS 12.30.075(a) is amended to read: 05 (a) Cash or other security posted by a person [DEFENDANT] under 06 AS 12.30.011 [AS 12.30.020] that would otherwise be forfeited shall be held by the 07 court in trust for the benefit of the victim if, within 30 days after an order of the court 08 establishing a failure to appear or a violation of conditions of release, the prosecuting 09 authority gives notice that restitution may be requested as part of the sentence if the 10 person [DEFENDANT] is convicted. 11 * Sec. 14. AS 12.30 is amended by adding a new section to read: 12 Sec. 12.30.078. Conviction occurrence. In this chapter, a conviction occurs at 13 the time the person is found guilty, either by plea or verdict, of the offense. 14 * Sec. 15. AS 12.30.080 is amended by adding new paragraphs to read: 15 (3) "crime involving domestic violence" has the meaning given in 16 AS 18.66.990; 17 (4) "knowingly" has the meaning given in AS 11.81.900; 18 (5) "peace officer" has the meaning given in AS 11.81.900; 19 (6) "sexual felony" has the meaning given in AS 12.55.185; 20 (7) "stalking" means a violation of AS 11.41.260 or 11.41.270. 21 * Sec. 16. AS 12.55.155(c)(12) is amended to read: 22 (12) the defendant was on release under AS 12.30 [AS 12.30.020 OR 23 12.30.040] for another felony charge or conviction or for a misdemeanor charge or 24 conviction having assault as a necessary element; 25 * Sec. 17. AS 12.80.060(g)(2) is amended to read: 26 (2) "offense" means conduct subjecting a person to arrest as an adult 27 offender, or as a juvenile charged as an adult, 28 (A) due to a violation of a federal or state criminal law, or 29 municipal criminal ordinance; 30 (B) under AS 12.25.180; 31 (C) under AS 11.56.730 [AS 12.30.060]; or
01 (D) under AS 12.70. 02 * Sec. 18. AS 18.65.530(a) is amended to read: 03 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 04 without a warrant, shall arrest a person if the officer has probable cause to believe the 05 person has, either in or outside the presence of the officer, within the previous 12 06 hours, 07 (1) committed domestic violence, except an offense under 08 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 09 (2) committed the crime of violating a protective order in violation of 10 AS 11.56.740; 11 (3) violated a condition of release imposed under AS 12.30.016(e) or 12 (f) or 12.30.027 [AS 12.30.025, 12.30.027, OR 12.30.029]. 13 * Sec. 19. AS 18.66.160(a) is amended to read: 14 (a) Unless, on the record in court, the person has already been provided a 15 copy of the court's order, process [PROCESS] issued under this chapter shall be 16 promptly served and executed. If process is to be served upon a person believed to be 17 present or residing in a municipality, as defined in AS 29.71.800, or in an 18 unincorporated community, process shall be served by a peace officer of that 19 municipality or unincorporated community who has jurisdiction within the area of 20 service. If a peace officer of the municipality or unincorporated community who has 21 jurisdiction is not available, a superior court, district court, or magistrate may 22 designate any other peace officer to serve and execute process. A state peace officer 23 shall serve process in any area that is not within the jurisdiction of a peace officer of a 24 municipality or unincorporated community. A peace officer shall use every reasonable 25 means to serve process issued under this chapter. 26 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of 29 Criminal Procedure, is amended to read: 30 (a) Appearance Before the Judge or Magistrate. 31 (1) Except when the person arrested is issued a citation for a
01 misdemeanor or a violation and immediately thereafter released, the arrested person 02 shall be taken before the nearest available judge or magistrate without unnecessary 03 delay. This appearance may be accomplished by the use of telephonic or television 04 equipment pursuant to Criminal Rules 38.1 and 38.2. Unnecessary delay within the 05 meaning of this paragraph (a) is defined as a period not to exceed forty-eight 06 [TWENTY-FOUR] hours after arrest, including Sundays and holidays. 07 * Sec. 21. 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)(2), Alaska Rules of 10 Criminal Procedure, is amended to read: 11 (2) If 12 (i) The judge or magistrate commits the arrested person to jail 13 for a purpose other than to serve a sentence, and 14 (ii) The jail is situated in a different community from the place 15 where the judge or magistrate committed the arrested person to jail, and 16 (iii) The arrested person is not represented by counsel, and 17 (iv) The arrested person has not previously had a bail review, 18 and 19 (v) The arrested person has no date, time and place established 20 for his or her next court appearance, then the arrested person shall be taken 21 before a judge or magistrate in the community where the jail is located within 22 forty-eight [TWENTY-FOUR] hours of the person's detention in that jail 23 (aa) in order for bail to be reviewed, and 24 (bb) in order to determine if the person is represented by 25 counsel, and 26 (cc) in order for [THE] counsel to be appointed, if 27 appropriate. 28 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 41(a), Alaska Rules of 31 Criminal Procedure, is amended to read:
01 (a) Admission to Bail. The defendant in a criminal proceeding is entitled to be 02 admitted to bail pursuant to AS 12.30.006 - 12.30.080 [AS 12.30.010 -12.30.080]. 03 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 41(b), Alaska Rules of 06 Criminal Procedure, is amended to read: 07 (b) Types of Bonds. The court may require: 08 (1) the execution of an unsecured appearance bond in an amount 09 specified, under the criteria set forth in AS 12.30.011 [AS 12.30.010(a)]; 10 (2) the execution of an appearance bond in a specified amount and the 11 deposit in the registry of the court, in cash [OR OTHER SECURITY], of a sum not to 12 exceed 10 percent of the amount of the bond; 13 (3) the execution of a bail bond with sufficient solvent sureties or the 14 deposit of cash; or 15 (4) the execution of a performance bond in a specified amount and the 16 deposit in the registry of the court of cash [OR OTHER SECURITY]. 17 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 41(c), Alaska Rules of 20 Criminal Procedure, is amended to read: 21 (c) Separate Bonds. 22 (1) If a performance bond is required, it must be enforced separately 23 from any appearance or bail bond. Appearance in court may not be a condition of a 24 performance bond. 25 (2) The court may not change or add to a bond requirement that 26 was ordered in a previous proceeding unless the surety agrees to the change or 27 addition. 28 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 206(b), Alaska Rules of 31 Appellate Procedure, is amended to read:
01 (b) Release Pending Appeal. When an appeal on the merits is pending, an 02 appeal under AS 12.30.030 [AS 12.30.030(b)] from an order refusing bail pending 03 appeal or imposing conditions of release pending appeal shall be in the form of a 04 motion filed in the merit appeal. The motion must be filed with the clerk of the 05 appellate courts within 30 days after the date of the notice of the order from which 06 review is sought. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 07 32.3(c). The motion shall comply with Rule 503, and shall contain specific factual 08 information relevant to AS 12.30.011(c) [AS 12.30.020(c)], including but not limited 09 to the following: 10 (1) The full name of the appellant; the trial court case number; the 11 offenses of which the appellant was convicted, if applicable; the date of sentencing; 12 and the complete terms of the sentence; 13 (2) That application for release pending appeal has been made to the 14 trial court, the reasons given by the trial court for denying the application in whole or 15 in part, and facts and reasons demonstrating why the action of the trial court on the 16 application was erroneous or an abuse of discretion; 17 (3) A concise statement of the question or questions to be raised on the 18 appeal with a showing that the question or questions were raised in the trial court; 19 (4) Family: marital status; length of marriage; children, and their ages; 20 other relatives in the area of residence; 21 (5) Employment and financial circumstances: name of employer at 22 time of arrest and during pre-trial release; type of work; how long so employed; and 23 offer or promise of employment if released pending appeal; assets of the appellant or 24 of relatives or friends relevant to the ability to post money bail; 25 (6) Health: history of mental illness, alcoholism, or addiction to drugs, 26 if any; 27 (7) Residence: length of residence in the city or town in which the 28 appellant resided at the time of arrest; 29 (8) Criminal history: criminal convictions within ten years prior to the 30 present arrest; if the appellant has ever forfeited bail, or had release, probation, or 31 parole revoked, the date, the name and location of the court, and a brief description of
01 the circumstances; whether the present offense was committed while the appellant was 02 on bail or other release or on probation or parole; any other criminal charges pending 03 against the appellant at the time [OF] the motion is filed. 04 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 603(b), Alaska Rules of 07 Appellate Procedure, is amended to read: 08 (b) Criminal Appeals. If a sentence of imprisonment is imposed, the court 09 may admit the defendant to bail and stay the sentence as provided by law and by 10 these rules [ADMISSION TO BAIL WILL BE ALLOWED AND THE SENTENCE 11 STAYED], pending appeal. A sentence to pay a fine or a fine and costs may be stayed, 12 if an appeal is taken, by the district judge or magistrate or by the superior court upon 13 such terms as the court deems proper. During appeal the court may require the 14 defendant to deposit the whole or any part of the fine and costs in the registry of the 15 superior court, or to give bond for the payment thereof, or to submit to an examination 16 of assets, and it may make an appropriate order to restrain the defendant from 17 dissipating his or her assets. An order placing the defendant on probation will be 18 stayed if an appeal is taken. 19 * Sec. 27. AS 12.30.010, 12.30.020, 12.30.023, 12.30.025, 12.30.027(g), 12.30.029, and 20 12.30.060 are repealed. 21 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. (a) AS 11.56.730, enacted in sec. 1 of this Act, applies to acts 24 committed on or after the effective date of this Act. 25 (b) The amendments to AS 12.25.030(b), enacted in sec. 2 of this Act, apply to arrests 26 for violation of conditions of release occurring on or after the effective date of this Act for 27 offenses occurring before, on, or after the effective date of this Act. 28 (c) AS 12.30.006 - 12.30.021, enacted in secs. 3 - 5 of this Act; AS 12.30.030, 29 repealed and reenacted in sec. 8 of this Act; AS 12.30.031, enacted in sec. 9 of this Act; 30 AS 12.30.040, repealed and reenacted in sec. 10 of this Act; AS 12.30.055, enacted in sec. 12 31 of this Act; and AS 12.30.078, enacted in sec. 14 of this Act; apply to bail proceedings
01 occurring on and after the effective date of this Act for offenses occurring on or after the 02 effective date of this Act. 03 (d) AS 12.30.050, repealed and reenacted in sec. 11 of this Act, applies to bail 04 proceedings occurring on or after the effective date of this Act for offenses occurring before, 05 on, or after the effective date of this Act. 06 (e) The amendments to AS 12.30.027(a) and (b), enacted in secs. 6 and 7 of this Act; 07 and to AS 12.30.075 and 12.30.080, enacted in secs. 13 and 15 of this Act; apply to bail 08 proceedings occurring on or after the effective date of this Act for offenses occurring before, 09 on, or after the effective date of this Act. 10 (f) The amendments to Rule 5, Alaska Rules of Criminal Procedure, enacted in secs. 11 20 and 21 of this Act, apply to offenses occurring on or after the effective date of this Act. 12 (g) The amendment to Rule 41(c), Alaska Rules of Criminal Procedure, enacted in 13 sec. 24 of this Act, applies to bail proceedings occurring on or after the effective date of this 14 Act. 15 (h) The amendment to Rule 603(b), Alaska Rules of Criminal Procedure, enacted in 16 sec. 26 of this Act, applies to convictions occurring on or after the effective date of this Act. 17 * Sec. 29. This Act takes effect July 1, 2010.