00                              HOUSE BILL NO. 90                                                                          
01 "An Act relating to bail."                                                                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 12.30.020(j) is amended to read:                                                                   
04            (j)  If a person remains in custody after review of conditions by a judicial                                 
05       officer under (f) of this section, a subsequent review of conditions may be held at the                           
06       request of the person. Unless the prosecuting authority stipulates otherwise, a judicial                          
07       officer may not schedule a bail review hearing under this subsection unless                                       
08                 (1)  the person provides to the court and the prosecuting authority a                                   
09       written statement that new information not considered at the previous review will be                          
10       presented and includes a description of the new information; in this paragraph, "new                          
11       information" does not include                                                                                 
12                      (A)  a proposal to add an additional or alternative third-                                     
13            party custodianship after a party has approved a third-party                                             
14            custodianship unless the initial third-party custodian becomes                                           
15            unavailable;                                                                                             
01                      (B)  a proposal for a third-party custodianship after the                                      
02            court has previously rejected three or more prior proposals for third-                                   
03            party custodianships;                                                                                    
04                      (C)  the inability to obtain an appropriate third-party                                        
05            custodianship;                                                                                           
06                      (D)  a request to reduce monetary bail after the court has                                     
07            approved a third-party custodianship;                                                                    
08                      (E)  the inability to post the required bail;                                                  
09                      (F)  the passage of time, including the amount of time the                                     
10            defendant has been incarcerated;                                                                         
11                      (G)  any information that could have been presented at a                                       
12            previous bail review hearing;                                                                            
13                 (2)  the prosecuting authority has at least 48 hours' notice before the                                 
14       time set for the review requested under this subsection; and                                                      
15                 (3)  at least 48 hours have elapsed between the previous review and the                                 
16       time set for the review requested under this subsection.