HB 335: "An Act relating to bail release decisions; and amending Rule 41, Alaska Rules of Criminal Procedure."
00 HOUSE BILL NO. 335 01 "An Act relating to bail release decisions; and amending Rule 41, Alaska Rules of 02 Criminal Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30.011(j) is amended to read: 05 (j) Except as otherwise provided in this chapter, the burden of proof is on the 06 prosecuting authority that a person charged with an offense should be detained or 07 released with conditions described in this section or AS 12.30.016. [ANY 08 MONETARY OR NONMONETARY CONDITION OR CONDITIONS IMPOSED 09 BY THE COURT UNDER THIS SECTION SHALL BE THE LEAST 10 RESTRICTIVE CONDITION OR CONDITIONS THAT WILL REASONABLY 11 ENSURE THE APPEARANCE OF THE PERSON IN COURT AND THE SAFETY 12 OF THE VICTIM, OTHER PERSONS, AND THE COMMUNITY.] 13 * Sec. 2. AS 12.30.011 is amended by adding a new subsection to read: 14 (m) When making a release decision under this chapter and determining the
01 conditions of release under this chapter, the judicial officer shall take into account all 02 of the factors under (i) of this section and may not weigh a person's pretrial risk 03 assessment score greater than any other factor under (i) of this section. 04 * Sec. 3. AS 12.30.006(b)(3), 12.30.011(b), 12.30.011(c), 12.30.011(d), 12.30.011(e), 05 12.30.011(f), and 12.30.011(k) are repealed. 06 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 INDIRECT COURT RULE AMENDMENT. AS 12.30.011(j), as amended by sec. 1 09 of this Act, AS 12.30.011(m), enacted by sec. 2 of this Act, and the repeals of 10 AS 12.30.006(b)(3) and 12.30.011(b) - (f) and (k) by sec. 3 of this Act have the effect of 11 amending Rule 41, Alaska Rules of Criminal Procedure, by changing the factors to consider 12 for release decisions and when setting release conditions. 13 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 12.30.011(j), as amended by sec. 1 of this Act, and 16 AS 12.30.011(m), enacted by sec. 2 of this Act, apply to offenses committed on or after the 17 effective date of this Act. 18 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONDITIONAL EFFECT. AS 12.30.011(j), as amended by sec. 1 of this Act, 21 AS 12.30.011(m), enacted by sec. 2 of this Act, and the repeals of AS 12.30.006(b)(3) and 22 12.30.011(b) - (f) and (k) by sec. 3 of this Act take effect only if sec. 4 of this Act receives the 23 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 24 Alaska.