00 CS FOR HOUSE BILL NO. 324(JUD) 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; 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 orally and in writing 11 immediately upon being able to make the contact. 12 (c) A person who commits failure to appear incurs a forfeiture of any security 13 for any appearance of the person that was given or pledged to the court for the person's 14 release, and is guilty of a 15 (1) class C felony if the person was released in connection with a 16 charge of a felony, or while awaiting sentence or appeal after conviction of a felony; 17 (2) class A misdemeanor if the person was released in connection with 18 a 19 (A) charge of a misdemeanor, or while awaiting sentence or 20 appeal after conviction of a misdemeanor; or 21 (B) requirement to appear as a material witness in a criminal 22 proceeding. 23  * Sec. 2. AS 12.25.030(b) is amended to read: 24 (b) In addition to the authority granted by (a) of this section, a peace officer 25 (1) shall make an arrest under the circumstances described in 26 AS 18.65.530; 27 (2) without a warrant may arrest a person if the officer has probable 28 cause to believe the person has, either in or outside the presence of the officer, 29 (A) committed a crime involving domestic violence, whether 30 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving 31 domestic violence" has the meaning given in AS 18.66.990; 01 (B) committed the crime of violating a protective order in 02 violation of AS 11.56.740; or 03 (C) violated a condition of release imposed under 04 AS 12.30.016(e) [AS 12.30.025] or 12.30.027; 05 (3) without a warrant may arrest a person when the peace officer has 06 probable [REASONABLE] cause for believing that the person has 07 (A) committed a crime under or violated conditions imposed as 08 part of the person's release before trial on misdemeanor charges brought under 09 AS 11.41.270; 10 (B) violated AS 04.16.050 or an ordinance with similar 11 elements; however, unless there is a lawful reason for further detention, a 12 person who is under [THE AGE OF] 18 years of age and who has been 13 arrested for violating AS 04.16.050 or an ordinance with similar elements shall 14 be cited for the offense and released to the person's parent, guardian, or legal 15 custodian; or 16 (C) violated conditions imposed as part of the person's release 17 under the provisions of AS 12.30 [BEFORE TRIAL ON FELONY 18 CHARGES BROUGHT UNDER AS 11.41.410 - 11.41.458]. 19  * Sec. 3. AS 12.30 is amended by adding a new section to read: 20 Sec. 12.30.006. Release procedures. (a) At the first appearance before a 21 judicial officer, a person charged with an offense shall be released or detained under 22 the provisions of this chapter. 23 (b) At the first appearance before a judicial officer, a person who is charged 24 with a felony may be detained up to 48 hours for the prosecuting authority to 25 demonstrate that release of the person under AS 12.30.011(a) would not reasonably 26 assure the appearance of the person or will pose a danger to the victim, other persons, 27 or the community. 28 (c) A person who remains in custody 48 hours after appearing before a judicial 29 officer because of inability to meet the conditions of release shall, upon application, be 30 entitled to have the conditions reviewed by the judicial officer who imposed them. If 31 the judicial officer who imposed the conditions of release is not available, any judicial 01 officer in the judicial district may review the conditions. 02 (d) If a person remains in custody after review of conditions by a judicial 03 officer under (c) of this section, the person may request a subsequent review of 04 conditions. Unless the prosecuting authority stipulates otherwise or the person has 05 been incarcerated for a period equal to the maximum sentence for the most serious 06 charge for which the person is being held, a judicial officer may not schedule a bail 07 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 at the hearing; the statement must include a description of the information 11 and the reason the information was not presented at a previous hearing; in this 12 paragraph, "new information" does not include the inability to post the required bail; 13 (2) the prosecuting authority and any surety, if applicable, have at least 14 48 hours' written notice before the time set for the review requested under this 15 subsection; the defendant shall notify the surety; and 16 (3) at least seven days have elapsed between the previous review and 17 the time set for the requested review. 18 (e) Before a person may be released under this chapter, the person must sign 19 and file a release agreement with the clerk of the court. The release agreement must 20 describe the terms and conditions of the person's release and include the person's 21 promise to abide by the terms and conditions. 22 (f) A judicial officer may solicit comments by the victim or a parent or 23 guardian of a minor victim who is present at the bail review hearing and wishes to 24 comment. The judicial officer shall consider those comments and any response by the 25 person before making a decision concerning the release of the person. 26 (g) The judicial officer shall issue written or oral findings that explain the 27 reasons the officer imposed the particular conditions of release or modifications or 28 additions to conditions previously imposed. The judicial officer shall inform the 29 person that a law enforcement officer may arrest the person without a warrant for 30 violation of the court's order establishing conditions of release. 31 (h) Information offered or introduced at a bail hearing to determine conditions 01 of release need not conform to the rules governing the admissibility of evidence. 02  * Sec. 4. AS 12.30 is amended by adding new sections to read: 03 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 04 chapter, a judicial officer shall order a person charged with an offense to be released 05 on the person's personal recognizance or upon execution of an unsecured appearance 06 bond, on the condition that the person 07 (1) obey all court orders and all federal, state, and local laws; 08 (2) appear in court when ordered; 09 (3) if represented, maintain contact with the person's lawyer; and 10 (4) notify the person's lawyer, who shall notify the prosecuting 11 authority and the court, not more than 24 hours after the person changes residence. 12 (b) If a judicial officer determines that the release under (a) of this section will 13 not reasonably assure the appearance of the person or will pose a danger to the victim, 14 other persons, or the community, the officer shall impose the least restrictive condition 15 or conditions that will reasonably assure the person's appearance and protect the 16 victim, other persons, and the community. In addition to conditions under (a) of this 17 section, the judicial officer may, singly or in combination, 18 (1) require the execution of an appearance bond in a specified amount 19 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 20 of the amount of the bond; 21 (2) require the execution of a bail bond with sufficient solvent sureties 22 or the deposit of cash; 23 (3) require the execution of a performance bond in a specified amount 24 of cash to be deposited in the registry of the court; 25 (4) place restrictions on the person's travel, association, or residence; 26 (5) order the person to refrain from possessing a deadly weapon on the 27 person or in the person's vehicle or residence; 28 (6) require the person to maintain employment, or if unemployed, 29 actively seek employment; 30 (7) require the person to notify the person's lawyer and the prosecuting 31 authority within two business days after any change in employment; 01 (8) require the person to avoid all contact with a victim, a potential 02 witness, or a codefendant; 03 (9) require the person to refrain from the consumption and possession 04 of alcoholic beverages; 05 (10) require the person to refrain from the use of a controlled substance 06 as defined by AS 11.71, unless prescribed by a licensed health care provider with 07 prescriptive authority; 08 (11) require the person to be physically inside the person's residence, 09 or in the residence of the person's third-party custodian, at time periods set by the 10 court; 11 (12) require the person to keep regular contact with a law enforcement 12 officer or agency; 13 (13) order the person to refrain from entering or remaining in premises 14 licensed under AS 04; 15 (14) place the person in the custody of an individual who agrees to 16 serve as a third-party custodian of the person as provided in AS 12.30.021; 17 (15) if the person is under the treatment of a licensed health care 18 provider, order the person to follow the provider's treatment recommendations; 19 (16) order the person to take medication that has been prescribed for 20 the person by a licensed health care provider with prescriptive authority; 21 (17) order the person to comply with any other condition that is 22 reasonably necessary to assure the appearance of the person and to assure the safety of 23 the victim, other persons, and the community. 24 (c) In determining the conditions of release under this chapter, the court shall 25 consider the following: 26 (1) the nature and circumstances of the offense charged; 27 (2) the weight of the evidence against the person; 28 (3) the nature and extent of the person's family ties and relationships; 29 (4) the person's employment status and history; 30 (5) the length and character of the person's past and present residence; 31 (6) the person's record of convictions; 01 (7) the person's record of appearance at court proceedings; 02 (8) assets available to the person to meet monetary conditions of 03 release; 04 (9) the person's reputation, character, and mental condition; 05 (10) the effect of the offense on the victim, any threats made to the 06 victim, and the danger that the person poses to the victim; 07 (11) any other facts that are relevant to the person's appearance or the 08 person's danger to the victim, other persons, or the community. 09 (d) In making a finding regarding the release of a person under this chapter, 10 (1) except as otherwise provided in this chapter, the burden of proof is 11 on the prosecuting authority that a person charged with an offense should be detained 12 or released with conditions described in (b) of this section or AS 12.30.016; 13 (2) there is a rebuttable presumption that no condition or combination 14 of conditions will reasonably assure the appearance of the person or the safety of the 15 victim, other persons, or the community, if the person is 16 (A) charged with an unclassified felony, a class A felony, or a 17 sexual felony; 18 (B) charged with a felony, was previously convicted of a felony 19 in this state or a similar offense in another jurisdiction, and less than five years 20 have elapsed between the date of the person's unconditional discharge on the 21 immediately preceding offense and the commission of the present offense; 22 (C) charged with an offense committed while the person was 23 on release under this chapter for a charge or conviction of another offense; 24 (D) charged with a crime involving domestic violence, and has 25 been convicted in the previous five years of a crime involving domestic 26 violence in this state or a similar offense in another jurisdiction; 27 (E) arrested in connection with an accusation that the person 28 committed a felony outside the state or is a fugitive from justice from another 29 jurisdiction, and the court is considering release under AS 12.70. 30 Sec. 12.30.016. Release before trial in certain cases. (a) A judicial officer 31 may impose, in addition to those required or authorized under AS 12.30.011, 01 conditions of release for offenses described in this section, if necessary to reasonably 02 assure the person's appearance or the safety of the victim, other persons, or the 03 community. 04 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 05 AS 28.35.030, or 28.35.032, a judicial officer may order the person 06 (1) to refrain from 07 (A) consuming alcohol beverages; or 08 (B) possessing on the person, in the person's residence, or in 09 any vehicle or other property over which the person has control, alcoholic 10 beverages; 11 (2) to submit to a search without a warrant of the person, the person's 12 personal property, the person's residence, or any vehicle or other property over which 13 the person has control, for the presence of alcoholic beverages by a peace officer who 14 has reasonable suspicion that the person is violating the conditions of the person's 15 release by possessing alcoholic beverages; 16 (3) to submit to a breath test when requested by a law enforcement 17 officer; 18 (4) to provide a sample for a urinalysis or blood test when requested by 19 a law enforcement officer; 20 (5) to take a drug or combination of drugs intended to prevent 21 substance abuse; 22 (6) to follow any treatment plan imposed by the court under 23 AS 28.35.028.  24 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 25 officer may order the person 26 (1) to refrain from 27 (A) consuming a controlled substance; or 28 (B) possessing on the person, in the person's residence, or in 29 any vehicle or other property over which the person has control, a controlled 30 substance or drug paraphernalia; 31 (2) to submit to a search without a warrant of the person, the person's 01 personal property, the person's residence, or any vehicle or other property over which 02 the person has control, for the presence of a controlled substance or drug paraphernalia 03 by a peace officer who has reasonable suspicion that the person is violating the terms 04 of the person's release by possessing controlled substances or drug paraphernalia; 05 (3) to enroll in a random drug testing program, at the person's expense, 06 to detect the presence of a controlled substance, with testing to occur not less than 07 once a week, and with the results being submitted to the court and the prosecuting 08 authority; 09 (4) to refrain from entering or remaining in a place where a controlled 10 substance is being used, manufactured, grown, or distributed; 11 (5) to refrain from being physically present, within a two-block area 12 of, or within a designated area near, the location where the alleged offense occurred or 13 at other designated places, unless the person actually resides within that area; or 14 (6) to refrain from the use or possession of an inhalant. 15 (d) In a prosecution charging misconduct involving a controlled substance 16 under AS 11.71.020(a)(2) for the manufacture of methamphetamine, or its salts, 17 isomers, or salts of isomers, if the person has been previously convicted in this or 18 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 19 methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 20 require the posting of a minimum of $250,000 cash bond before the person may be 21 released. The judicial officer may reduce this requirement if the person proves to the 22 satisfaction of the officer that the person's only role in the offense was as an aider or 23 abettor and that the person did not stand to benefit financially from the manufacturing. 24 (e) In a prosecution charging the crime of stalking that is not a crime involving 25 domestic violence, a judicial officer may order the person to 26 (1) follow the provisions of any protective order to which the person is 27 respondent; 28 (2) refrain from contacting in any manner, including by telephone or 29 electronic communication, the victim; 30 (3) engage in counseling; if available in the community, the judicial 31 officer shall require that counseling ordered include counseling about alternatives to 01 aggressive behavior. 02 (f) In a prosecution charging a crime under AS 11.41.410 - 11.41.458, a 03 judicial officer 04 (1) may order the person to have no contact with the victim except as 05 specifically allowed by the court; 06 (2) may order the person to reside in a place where the person is not 07 likely to come into contact with the victim of the offense; 08 (3) may order the person to have no contact with any person under 18 09 years of age except in the normal course of business in a public place; 10 (4) shall assure that the victim and the parent or guardian of a minor 11 victim have been notified by a law enforcement agency or the prosecuting authority of 12 a hearing where release is being considered, or that a reasonable effort at notification 13 has been made; and 14 (5) shall solicit comments from the victim or a parent or guardian of 15 the minor victim who is present and wishes to comment, and consider those comments 16 before making a decision concerning the release of the person. 17  * Sec. 5. AS 12.30 is amended by adding a new section to read: 18 Sec. 12.30.021. Third-party custodians. (a) In addition to other conditions 19 imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party 20 custodian if the officer finds that the appointment will, singly or in combination with 21 other conditions, reasonably assure the person's appearance and the safety of the 22 victim, other persons, and the community. 23 (b) A judicial officer may appoint an individual as a third-party custodian if 24 the proposed custodian 25 (1) provides information to the judicial officer about the proposed 26 custodian's residence, occupation, ties to the community, and relationship with the 27 person, and provides any other information requested by the judicial officer; 28 (2) is physically able to perform the duties of custodian of the person; 29 (3) either personally or by telephone, appears in court with the person 30 and acknowledges to the judicial officer orally and in writing that the proposed 31 custodian 01 (A) understands the duties of custodian and agrees to perform 02 them; the proposed custodian must specifically agree to immediately report in 03 accordance with the terms of the order if the person released has violated a 04 condition of release; and 05 (B) understands that failure to perform those duties may result 06 in the custodian being held criminally liable under AS 09.50.010 or 07 AS 11.56.758. 08 (c) A judicial officer may not appoint a person as a third-party custodian if 09 (1) the proposed custodian is acting as a third-party custodian for 10 another person; 11 (2) the proposed custodian has been convicted in the previous three 12 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 13 (3) criminal charges are pending in this state or another jurisdiction 14 against the proposed custodian; 15 (4) the proposed custodian is on probation in this state or another 16 jurisdiction for an offense; 17 (5) the proposed custodian may be called as a witness in the 18 prosecution of the person; 19 (6) the proposed custodian resides out of state; however a nonresident 20 may serve as a custodian if the nonresident resides in the state while serving as 21 custodian. 22  * Sec. 6. AS 12.30.027(a) is amended to read: 23 (a) Before ordering release before or after trial, or pending appeal, of a person 24 charged with or convicted of a crime involving domestic violence, the judicial officer 25 [COURT] shall consider the safety of the [ALLEGED] victim or other household 26 member. To protect the [ALLEGED] victim, household member, other persons, and 27 the community [PUBLIC] and to reasonably assure the person's appearance, the 28 judicial officer shall impose conditions required under AS 12.30.011, and 29 [COURT] may impose [BAIL AND] any of the conditions authorized under 30 AS 12.30.011 [AS 12.30.020], any of the provisions of AS 18.66.100(c)(1) - (7) and 31 (11), and any other condition necessary to protect the [ALLEGED] victim, household 01 member, other persons, and the community [PUBLIC], and to ensure the appearance 02 of the person in court, including ordering the person to refrain from the consumption 03 of alcohol. 04  * Sec. 7. AS 12.30.027(b) is amended to read: 05 (b) A judicial officer [COURT] may not order or permit a person released 06 under (a) of this section to return to the residence or place of employment of the 07 [ALLEGED] victim or the residence or place of employment of a petitioner who has 08 a protective order directed to the person and issued or filed under AS 18.66.100 - 09 18.66.180 unless  10 (1) 20 days have elapsed following the date the person was  11 arrested;  12 (2) the victim or petitioner consents to the person's return to the  13 residence or place of employment;  14 (3) the person does not have a prior conviction for an offense  15 under AS 11.41 that is a crime involving domestic violence; and  16 (4) the court finds by clear and convincing evidence that the return  17 to the residence or place of employment does not pose a danger to the victim or  18 petitioner. 19  * Sec. 8. AS 12.30.030 is repealed and reenacted to read: 20 Sec. 12.30.030. Appeal from conditions of release. (a) If a person remains in 21 custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken 22 to the court having appellate jurisdiction over the court imposing the conditions. The 23 appellate court shall affirm the order unless it finds that the lower court abused its 24 discretion. 25 (b) If the appellate court finds that the lower court abused its discretion, the 26 appellate court may modify the order, remand the matter for further proceedings, or 27 remand the matter directing entry of the appropriate order, including release under 28 AS 12.30.011(a). The appeal shall be determined promptly. 29   * Sec. 9. AS 12.30 is amended by adding a new section to read: 30 Sec. 12.30.031. Temporary release. (a) A person either before trial or after 31 conviction who is detained under this chapter may be released temporarily if 01 (1) the person is being held in connection with a misdemeanor or class 02 B or C felony; 03 (2) the release is requested because of the 04 (A) death of an immediate family member of the person; 05 (B) birth of the person's child if the defendant executes an 06 affidavit of paternity before the release; 07 (C) person's need for a mental health or substance abuse 08 assessment that the court finds cannot be accommodated in the facility or 09 telephonically; or 10 (D) person's need for a medical or dental examination required 11 for acceptance into a residential treatment facility; and 12 (3) the court solicits information from the Department of Corrections 13 regarding the defendant's conduct while incarcerated and considers that information 14 when making a decision under this subsection. 15 (b) If a court orders temporary release of a person under (a) of this section, the 16 court shall order the person to appear in court during normal business hours at the end 17 of the period of temporary release and before the person is returned to a correctional 18 facility. 19  * Sec. 10. AS 12.30.040 is repealed and reenacted to read: 20 Sec. 12.30.040. Release before sentence; release after conviction. (a) Except 21 as provided in (b) of this section, a person who has been convicted of an offense and is 22 awaiting sentence or who has filed an appeal may be released under the provisions of 23 this chapter if the person establishes, by clear and convincing evidence, that the person 24 can be released under conditions that will reasonably assure the appearance of the 25 person and the safety of the victim, other persons, and the community. 26 (b) A person may not be released under (a) of this section if the person has 27 been convicted of an offense that is 28 (1) an unclassified or class A felony; 29 (2) a sexual felony; 30 (3) a class B felony if the person has been convicted within the 31 previous 10 years of a felony committed in this state or a similar offense committed in 01 another jurisdiction; or 02 (4) a felony in violation of AS 11.41, and the person has been found 03 guilty but mentally ill. 04 (c) A person who has been convicted of an offense and who has filed an 05 application for post-conviction relief may not be released under this section until the 06 court enters an order vacating all convictions against the person. A person who has 07 prevailed in an application for post-conviction relief may seek release before trial in 08 accordance with the provisions of this chapter. 09 * Sec. 11. AS 12.30.050 is repealed and reenacted to read: 10 Sec. 12.30.050. Release of material witnesses. (a) If the prosecution or 11 defense establishes by affidavit or other evidence that the testimony of a person is 12 material in a criminal proceeding, and that it may be impracticable to secure the 13 presence of the person by subpoena, a judicial officer may order the arrest of the 14 person and consider the release or detention of the person under the provisions of 15 AS 12.30.011. 16 (b) A material witness may not be detained because of inability to comply 17 with any condition of release if the testimony of the witness can adequately be secured 18 by deposition, unless further detention is necessary to prevent a failure of justice. 19 (c) Release of a material witness under (a) of this section may be delayed for a 20 reasonable period of time for the deposition of the witness to be taken. 21 * Sec. 12. AS 12.30 is amended by adding a new section to read: 22 Sec. 12.30.055. Persons appearing on petition to revoke. A person who is in 23 custody in connection with a petition to revoke probation does not have a right to be 24 released under this chapter. A judicial officer may, however, release the person under 25 the provisions of this chapter, if the person establishes by a preponderance of evidence 26 that the proposed release conditions will reasonably assure the appearance of the 27 person and the safety of the victim, other persons, and the community. 28  * Sec. 13. AS 12.30.075(a) is amended to read: 29 (a) Cash or other security posted by a person [DEFENDANT] under 30 AS 12.30.011 [AS 12.30.020] that would otherwise be forfeited shall be held by the 31 court in trust for the benefit of the victim if, within 30 days after an order of the court 01 establishing a failure to appear or a violation of conditions of release, the prosecuting 02 authority gives notice that restitution may be requested as part of the sentence if the 03 person [DEFENDANT] is convicted. 04 * Sec. 14. AS 12.30 is amended by adding a new section to read: 05 Sec. 12.30.078. Conviction occurrence. In this chapter, a conviction occurs at 06 the time the person is found guilty, either by plea or verdict, of the offense. 07 * Sec. 15. AS 12.30.080 is amended by adding new paragraphs to read: 08 (3) "crime involving domestic violence" has the meaning given in 09 AS 18.66.990; 10 (4) "knowingly" has the meaning given in AS 11.81.900; 11 (5) "peace officer" has the meaning given in AS 11.81.900; 12 (6) "sexual felony" has the meaning given in AS 12.55.185; 13 (7) "stalking" means a violation of AS 11.41.260 or 11.41.270. 14  * Sec. 16. AS 12.55.155(c)(12) is amended to read: 15 (12) the defendant was on release under AS 12.30 [AS 12.30.020 OR 16 12.30.040] for another felony charge or conviction or for a misdemeanor charge or 17 conviction having assault as a necessary element; 18  * Sec. 17. AS 12.80.060(g)(2) is amended to read: 19 (2) "offense" means conduct subjecting a person to arrest as an adult 20 offender, or as a juvenile charged as an adult, 21 (A) due to a violation of a federal or state criminal law, or 22 municipal criminal ordinance; 23 (B) under AS 12.25.180; 24 (C) under AS 11.56.730 [AS 12.30.060]; or 25 (D) under AS 12.70. 26  * Sec. 18. AS 18.65.530(a) is amended to read: 27 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 28 without a warrant, shall arrest a person if the officer has probable cause to believe the 29 person has, either in or outside the presence of the officer, within the previous 12 30 hours, 31 (1) committed domestic violence, except an offense under 01 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 02 (2) committed the crime of violating a protective order in violation of 03 AS 11.56.740; 04 (3) violated a condition of release imposed under AS 12.30.016(e) or  05 (f) or 12.30.027 [AS 12.30.025, 12.30.027, OR 12.30.029]. 06  * Sec. 19. AS 18.66.160(a) is amended to read: 07 (a) Unless, on the record in court, the person has already been provided a  08 copy of the court's order, process [PROCESS] issued under this chapter shall be 09 promptly served and executed. If process is to be served upon a person believed to be 10 present or residing in a municipality, as defined in AS 29.71.800, or in an 11 unincorporated community, process shall be served by a peace officer of that 12 municipality or unincorporated community who has jurisdiction within the area of 13 service. If a peace officer of the municipality or unincorporated community who has 14 jurisdiction is not available, a superior court, district court, or magistrate may 15 designate any other peace officer to serve and execute process. A state peace officer 16 shall serve process in any area that is not within the jurisdiction of a peace officer of a 17 municipality or unincorporated community. A peace officer shall use every reasonable 18 means to serve process issued under this chapter. A judge may not order a peace  19 officer to serve a petition that has been denied by the court. 20  * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of 23 Criminal Procedure, is amended to read: 24 (a) Appearance Before the Judge or Magistrate.  25 (1) Except when the person arrested is issued a citation for a 26 misdemeanor or a violation and immediately thereafter released, the arrested person 27 shall be taken before the nearest available judge or magistrate without unnecessary 28 delay. This appearance may be accomplished by the use of telephonic or television 29 equipment pursuant to Criminal Rules 38.1 and 38.2. Necessary [UNNECESSARY] 30 delay within the meaning of this paragraph (a) is defined as a period not to exceed 31 forty-eight [TWENTY-FOUR] hours after arrest, including Sundays and holidays. 01 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 5(a)(2), Alaska Rules of 04 Criminal Procedure, is amended to read: 05 (2) If 06 (i) The judge or magistrate commits the arrested person 07 to jail for a purpose other than to serve a sentence, and 08 (ii) The jail is situated in a different community from 09 the place where the judge or magistrate committed the arrested person 10 to jail, and 11 (iii) The arrested person is not represented by counsel, 12 and 13 (iv) The arrested person has not previously had a bail 14 review, and 15 (v) The arrested person has no date, time and place 16 established for his or her next court appearance, then the arrested 17 person shall be taken before a judge or magistrate in the community 18 where the jail is located within forty-eight [TWENTY-FOUR] hours of 19 the person's detention in that jail 20 (aa) in order for bail to be reviewed, and 21 (bb) in order to determine if the person is represented by counsel, and 22 (cc) in order for [THE] counsel to be appointed, if appropriate. 23 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECT COURT RULE AMENDMENT. Rule 41(a), Alaska Rules of 26 Criminal Procedure, is amended to read: 27 (a) Admission to Bail. The defendant in a criminal proceeding is entitled to be 28 admitted to bail pursuant to AS 12.30.006 - 12.30.080 [AS 12.30.010 -12.30.080]. 29 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 DIRECT COURT RULE AMENDMENT. Rule 41(b), Alaska Rules of 01 Criminal Procedure, is amended to read: 02 (b) Types of Bonds. The court may require: 03 (1) the execution of an unsecured appearance bond in an amount 04 specified, under the criteria set forth in AS 12.30.011 [AS 12.30.010(a)]; 05 (2) the execution of an appearance bond in a specified amount and the 06 deposit in the registry of the court, in cash [or other security], of a sum not to exceed 07 10 percent of the amount of the bond; 08 (3) the execution of a bail bond with sufficient solvent sureties or the 09 deposit of cash; or 10 (4) the execution of a performance bond in a specified amount and the 11 deposit in the registry of the court of cash [or other security]. 12 * Sec. 24. 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(c), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (c) Separate Bonds.  17 (1) If a performance bond is required, it must be enforced separately 18 from any appearance or bail bond. Appearance in court may not be a condition of a 19 performance bond.  20 (2) The court may not change or add to a bond requirement that  21 was ordered in a previous proceeding unless the surety has been notified and  22 agrees to the change or addition. 23  * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECT COURT RULE AMENDMENT. Rule 206(b), Alaska Rules of 26 Appellate Procedure, is amended to read: 27 (b) Release Pending Appeal. When an appeal on the merits is pending, an 28 appeal under AS 12.30.030 [AS 12.30.030(b)] from an order refusing bail pending 29 appeal or imposing conditions of release pending appeal shall be in the form of a 30 motion filed in the merit appeal. The motion must be filed with the clerk of the 31 appellate courts within 30 days after the date of the notice of the order from which 01 review is sought. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 02 32.3(c). The motion shall comply with Rule 503, and shall contain specific factual 03 information relevant to AS 12.30.011(c) [AS 12.30.020(c)], including but not limited 04 to the following: 05 (1) The full name of the appellant; the trial court case number; the 06 offenses of which the appellant was convicted, if applicable; the date of sentencing; 07 and the complete terms of the sentence; 08 (2) That application for release pending appeal has been made to the 09 trial court, the reasons given by the trial court for denying the application in whole or 10 in part, and facts and reasons demonstrating why the action of the trial court on the 11 application was erroneous or an abuse of discretion; 12 (3) A concise statement of the question or questions to be raised on the 13 appeal with a showing that the question or questions were raised in the trial court; 14 (4) Family: marital status; length of marriage; children, and their ages; 15 other relatives in the area of residence; 16 (5) Employment and financial circumstances: name of employer at 17 time of arrest and during pre-trial release; type of work; how long so employed; and 18 offer or promise of employment if released pending appeal; assets of the appellant or 19 of relatives or friends relevant to the ability to post money bail; 20 (6) Health: history of mental illness, alcoholism, or addiction to drugs, 21 if any; 22 (7) Residence: length of residence in the city or town in which the 23 appellant resided at the time of arrest; 24 (8) Criminal history: criminal convictions within ten years prior to the 25 present arrest; if the appellant has ever forfeited bail, or had release, probation, or 26 parole revoked, the date, the name and location of the court, and a brief description of 27 the circumstances; whether the present offense was committed while the appellant was 28 on bail or other release or on probation or parole; any other criminal charges pending 29 against the appellant at the time [OF] the motion is filed. 30 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 31 read: 01 DIRECT COURT RULE AMENDMENT. Rule 603(b), Alaska Rules of 02 Appellate Procedure, is amended to read: 03 (b) Criminal Appeals. If a sentence of imprisonment is imposed, the court  04 may admit the defendant to bail and stay the sentence as provided by law and by  05 these rules [ADMISSION TO BAIL WILL BE ALLOWED AND THE SENTENCE 06 STAYED], pending appeal. A sentence to pay a fine or a fine and costs may be stayed, 07 if an appeal is taken, by the district judge or magistrate or by the superior court upon 08 such terms as the court deems proper. During appeal the court may require the 09 defendant to deposit the whole or any part of the fine and costs in the registry of the 10 superior court, or to give bond for the payment thereof, or to submit to an examination 11 of assets, and it may make an appropriate order to restrain the defendant from 12 dissipating his or her assets. An order placing the defendant on probation will be 13 stayed if an appeal is taken.  14 * Sec. 27. AS 12.30.010, 12.30.020, 12.30.023, 12.30.025, 12.30.027(g), 12.30.029, and 15 12.30.060 are repealed. 16 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. (a) AS 11.56.730, enacted in sec. 1 of this Act, applies to acts 19 committed on or after the effective date of this Act. 20 (b) The amendments to AS 12.25.030(b) made by sec. 2 of this Act apply to arrests 21 for violation of conditions of release occurring on or after the effective date of this Act for 22 offenses occurring before, on, or after the effective date of this Act. 23 (c) AS 12.30.006 - 12.30.021, enacted in secs. 3 - 5 of this Act; AS 12.30.030, 24 repealed and reenacted in sec. 8 of this Act; AS 12.30.031, enacted in sec. 9 of this Act; 25 AS 12.30.040, repealed and reenacted in sec. 10 of this Act; AS 12.30.055, enacted in sec. 12 26 of this Act; and AS 12.30.078, enacted in sec. 14 of this Act apply to bail proceedings 27 occurring on and after the effective date of this Act for offenses occurring on or after the 28 effective date of this Act. 29 (d) AS 12.30.050, repealed and reenacted in sec. 11 of this Act, applies to bail 30 proceedings occurring on or after the effective date of this Act for offenses occurring before, 31 on, or after the effective date of this Act. 01 (e) The amendments to AS 12.30.027(a) and (b) made by secs. 6 and 7 of this Act; to 02 AS 12.30.075 made by sec. 13 of this Act and to 12.30.080 made by sec. 15 of this Act apply 03 to bail proceedings occurring on or after the effective date of this Act for offenses occurring 04 before, on, or after the effective date of this Act. 05 (f) The amendments to Rule 5, Alaska Rules of Criminal Procedure, made by secs. 20 06 and 21 of this Act apply to offenses occurring on or after the effective date of this Act. 07 (g) The amendment to Rule 41(c), Alaska Rules of Criminal Procedure, made by sec. 08 24 of this Act applies to bail proceedings occurring on or after the effective date of this Act. 09 (h) The amendment to Rule 603(b), Alaska Rules of Criminal Procedure, made by 10 sec. 26 of this Act applies to convictions occurring on or after the effective date of this Act. 11 * Sec. 29. This Act takes effect July 1, 2010.