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HB 295: "An Act relating to pretrial release procedures; amending Rule 41, Alaska Rule of Criminal Procedure; and providing for an effective date."

00                             HOUSE BILL NO. 295                                                                          
01 "An Act relating to pretrial release procedures; amending Rule 41, Alaska Rule of                                       
02 Criminal Procedure; and providing for an effective date."                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.30.006(b) is amended to read:                                                                  
05 (b)  At the first appearance before a judicial officer, a person may be detained                                        
06 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
07 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
08 pose a danger to the victim, other persons, or the community, if the person has [BEEN                                   
09       CHARGED WITH THE FOLLOWING CRIMES:]                                                                               
10                 (1)  been charged with                                                                              
11                      (A)  an unclassified, class A, or class B felony;                                            
12                      (B) [(2)]  a class C felony                                                                    
13                           (i) [(A)]  under AS 11.41, AS 11.56.730, AS 28.35.030,                                    
14                 or 28.35.032;                                                                                           
01                           (ii) [(B)]  that is a sex offense; in this sub-                                       
02                 subparagraph [SUBPARAGRAPH], "sex offense" has the meaning                                          
03                 given in AS 12.63.100; or                                                                               
04                           (iii) [(C)]  that is a crime involving domestic violence; in                              
05                 this sub-subparagraph [SUBPARAGRAPH], "crime involving                                              
06                 domestic violence" has the meaning given in AS 18.66.990; [OR]                                          
07                      (C) [(3)]  a class C felony, other than a class C felony listed in                             
08            (B) [(2)] of this paragraph [SUBSECTION], and the person has been assessed                           
09            as moderate to high risk under AS 12.30.011(c)(2); or                                                    
10 (2)  an out-of-state criminal history that has not been used in                                                     
11 determining the person's risk level in the pretrial risk assessment under                                           
12       AS 33.07.                                                                                                     
13    * Sec. 2.  AS 12.30.011(a) is amended to read:                                                                     
14 (a)  Except as otherwise provided in this chapter, a [A] judicial officer may                                       
15 order that a person charged with an offense, in addition to other conditions imposed                                    
16       under this section, [BE] released                                                                                 
17                 (1)  on the person's own recognizance;                                                                  
18                 (2)  upon execution of an unsecured appearance bond; or                                                 
19                 (3)  upon execution of an unsecured performance bond.                                                   
20    * Sec. 3.  AS 12.30.011(b) is amended to read:                                                                     
21 (b)  A person charged with a misdemeanor that does not include an offense                                               
22 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense                                      
23 as defined in AS 12.63.100, or a crime involving domestic violence as defined in                                        
24       AS 18.66.990 and who is assessed by a pretrial services officer as                                                
25 (1)  low to moderate risk, except as provided in (m) of this section,                                               
26 shall be released on the person's own recognizance or upon execution of an unsecured                                    
27       appearance bond or unsecured performance bond; or                                                                 
28 (2)  high risk shall be released on the person's own recognizance or                                                    
29 upon execution of an unsecured appearance bond or unsecured performance bond                                            
30 unless the judicial officer finds on the record that there is clear and convincing                                      
31 evidence that no nonmonetary conditions of release in combination with the release of                                   
01       the person on the person's own recognizance or upon execution of an unsecured bond                                
02       can reasonably ensure the appearance of the person in court and the safety of the                                 
03       victim, other persons, and the community.                                                                         
04    * Sec. 4. AS 12.30.011(c) is amended to read:                                                                      
05 (c)  A person charged with a class C felony that does not include an offense                                            
06 under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032, a sex offense as defined                                      
07 in AS 12.63.100, or a crime involving domestic violence as defined in AS 18.66.990                                      
08       and who is assessed by a pretrial services officer as                                                             
09                 (1)  low risk, except as provided in (m) of this section, shall be                                  
10 released on the person's own recognizance or upon execution of an unsecured                                             
11       appearance bond or unsecured performance bond; or                                                                 
12 (2)  moderate to high risk shall be released on the person's own                                                        
13 recognizance or upon execution of an unsecured appearance bond or unsecured                                             
14 performance bond unless the judicial officer finds on the record that there is clear and                                
15 convincing evidence that no nonmonetary conditions of release in combination with                                       
16 the release of the person on the person's own recognizance or upon execution of an                                      
17 unsecured bond can reasonably ensure the appearance of the person in court and the                                      
18       safety of the victim, other persons, and the community.                                                           
19    * Sec. 5.  AS 12.30.011(g) is amended to read:                                                                     
20 (g)  A person released under this chapter [SECTION] shall be released on the                                        
21       condition that the person                                                                                         
22                 (1)  obey all court orders;                                                                             
23                 (2)  obey all laws;                                                                                     
24                 (3)  make all court appearances;                                                                        
25 (4)  maintain contact with the person's pretrial services officer, if one is                                            
26       appointed by the court, and follow the pretrial services officer's instructions;                                  
27                 (5)  if represented, maintain contact with the person's attorney;                                   
28 (6)  notify the person's attorney or, if the person is not represented by                                               
29 an attorney, the pretrial services officer or the court within 24 hours after a change in                               
30       the person's residence.                                                                                           
31    * Sec. 6. AS 12.30.011(i) is amended to read:                                                                      
01            (i)  In determining the conditions of release under this chapter, the court shall                            
02       consider the following:                                                                                           
03                 (1)  the nature and circumstances of the offense charged;                                               
04                 (2)  the weight of the evidence against the person;                                                     
05                 (3)  the nature and extent of the person's family ties and relationships;                               
06                 (4)  the person's employment status and history;                                                        
07                 (5)  the length and character of the person's past and present residence;                               
08                 (6)  the person's record of convictions, including convictions outside                              
09       the state;                                                                                                    
10                 (7)  the person's record of appearance at court proceedings;                                            
11 (8)  assets available to the person to meet monetary conditions of                                                      
12       release;                                                                                                          
13                 (9)  the person's reputation, character, and mental condition;                                          
14 (10)  the effect of the offense on the victim, any threats made to the                                                  
15       victim, and the danger that the person poses to the victim;                                                       
16 (11)  the conditions of release recommended by the pretrial services                                                    
17       officer;                                                                                                          
18                 (12)  the person's pretrial risk assessment score; and                                                  
19 (13)  any other facts that are relevant to the person's appearance or the                                               
20       person's danger to the victim, other persons, or the community.                                                   
21    * Sec. 7.  AS 12.30.011 is amended by adding a new subsection to read:                                             
22 (m)  If a person charged with an offense has an out-of-state criminal history                                           
23 that has not been used in determining the person's risk level in the pretrial risk                                      
24 assessment under AS 33.07, the court shall impose the least restrictive condition or                                    
25 conditions authorized under this chapter that will reasonably ensure the appearance of                                  
26       the person in court and the safety of the victim, other persons, and the community.                               
27    * Sec. 8.  AS 12.30.080 is amended by adding a new paragraph to read:                                              
28 (8)  "out-of-state criminal history" means a criminal history containing                                                
29 arrests, charges, or convictions not contained in the criminal justice information                                      
30 system developed and operated by the Department of Public Safety under                                                  
31       AS 12.62.110.                                                                                                     
01    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03       INDIRECT COURT RULE AMENDMENT. AS 12.30.011, as amended by secs. 2 - 7                                            
04 of this Act, has the effect of changing Rule 41, Alaska Rules of Criminal Procedure, by                                 
05 changing release conditions for certain defendants.                                                                     
06    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       CONDITIONAL EFFECT. This Act takes effect only if sec. 9 of this Act receives the                                 
09 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                       
10 Alaska.                                                                                                                 
11    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       APPLICABILITY. This Act applies to offenses committed on or after the effective                                   
14 date of this Act.                                                                                                       
15    * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).