00 CS FOR HOUSE BILL NO. 324(FIN) 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) with criminal negligence does not appear before the court or 05 judicial officer at the time and place of the scheduled hearing. 06 (b) In a prosecution for failure to appear under (a) of this section, it is an 07 affirmative defense that unforeseeable circumstances, outside the person's control, 08 prevented the person from appearing before the court or judicial officer at the time and 09 place of the scheduled hearing, and the person contacted the court orally and in writing 10 immediately upon being able to make the contact. 11 (c) A person who commits failure to appear incurs a forfeiture of any security 12 for any appearance of the person that was given or pledged to the court for the person's 13 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  * Sec. 2. AS 12.25.030(b) is amended to read: 23 (b) In addition to the authority granted by (a) of this section, a peace officer 24 (1) shall make an arrest under the circumstances described in 25 AS 18.65.530; 26 (2) without a warrant may arrest a person if the officer has probable 27 cause to believe the person has, either in or outside the presence of the officer, 28 (A) committed a crime involving domestic violence, whether 29 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving 30 domestic violence" has the meaning given in AS 18.66.990; 31 (B) committed the crime of violating a protective order in 01 violation of AS 11.56.740; or 02 (C) violated a condition of release imposed under 03 AS 12.30.016(e) [AS 12.30.025] or 12.30.027; 04 (3) without a warrant may arrest a person when the peace officer has 05 probable [REASONABLE] cause for believing that the person has 06 (A) committed a crime under or violated conditions imposed as 07 part of the person's release before trial on misdemeanor charges brought under 08 AS 11.41.270; 09 (B) violated AS 04.16.050 or an ordinance with similar 10 elements; however, unless there is a lawful reason for further detention, a 11 person who is under [THE AGE OF] 18 years of age and who has been 12 arrested for violating AS 04.16.050 or an ordinance with similar elements shall 13 be cited for the offense and released to the person's parent, guardian, or legal 14 custodian; or 15 (C) violated conditions imposed as part of the person's release 16 under the provisions of AS 12.30 [BEFORE TRIAL ON FELONY 17 CHARGES BROUGHT UNDER AS 11.41.410 - 11.41.458]. 18  * Sec. 3. AS 12.30 is amended by adding a new section to read: 19 Sec. 12.30.006. Release procedures. (a) At the first appearance before a 20 judicial officer, a person charged with an offense shall be released or detained under 21 the provisions of this chapter. 22 (b) At the first appearance before a judicial officer, a person who is charged 23 with a felony may be detained up to 48 hours for the prosecuting authority to 24 demonstrate that release of the person under AS 12.30.011(a) would not reasonably 25 assure the appearance of the person or will pose a danger to the victim, other persons, 26 or the community. 27 (c) A person who remains in custody 48 hours after appearing before a judicial 28 officer because of inability to meet the conditions of release shall, upon application, be 29 entitled to have the conditions reviewed by the judicial officer who imposed them. If 30 the judicial officer who imposed the conditions of release is not available, any judicial 31 officer in the judicial district may review the conditions. 01 (d) If a person remains in custody after review of conditions by a judicial 02 officer under (c) of this section, the person may request a subsequent review of 03 conditions. Unless the prosecuting authority stipulates otherwise or the person has 04 been incarcerated for a period equal to the maximum sentence for the most serious 05 charge for which the person is being held, a judicial officer may not schedule a bail 06 review hearing under this subsection unless 07 (1) the person provides to the court and the prosecuting authority a 08 written statement that new information not considered at the previous review will be 09 presented at the hearing; the statement must include a description of the information 10 and the reason the information was not presented at a previous hearing; in this 11 paragraph, "new information" does not include the inability to post the required bail; 12 (2) the prosecuting authority and any surety, if applicable, have at least 13 48 hours' written notice before the time set for the review requested under this 14 subsection; the defendant shall notify the surety; and 15 (3) at least seven days have elapsed between the previous review and 16 the time set for the requested review. 17 (e) A judicial officer may solicit comments by the victim or a parent or 18 guardian of a minor victim who is present at the bail review hearing and wishes to 19 comment. The judicial officer shall consider those comments and any response by the 20 person before making a decision concerning the release of the person. 21 (f) The judicial officer shall issue written or oral findings that explain the 22 reasons the officer imposed the particular conditions of release or modifications or 23 additions to conditions previously imposed. The judicial officer shall inform the 24 person that a law enforcement officer may arrest the person without a warrant for 25 violation of the court's order establishing conditions of release. 26 (g) Information offered or introduced at a bail hearing to determine conditions 27 of release need not conform to the rules governing the admissibility of evidence. 28  * Sec. 4. AS 12.30 is amended by adding new sections to read: 29 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 30 chapter, a judicial officer shall order a person charged with an offense to be released 31 on the person's personal recognizance or upon execution of an unsecured appearance 01 bond, on the condition that the person 02 (1) obey all court orders and all federal, state, and local laws; 03 (2) appear in court when ordered; 04 (3) if represented, maintain contact with the person's lawyer; and 05 (4) notify the person's lawyer, who shall notify the prosecuting 06 authority and the court, not more than 24 hours after the person changes residence. 07 (b) If a judicial officer determines that the release under (a) of this section will 08 not reasonably assure the appearance of the person or will pose a danger to the victim, 09 other persons, or the community, the officer shall impose the least restrictive condition 10 or conditions that will reasonably assure the person's appearance and protect the 11 victim, other persons, and the community. In addition to conditions under (a) of this 12 section, the judicial officer may, singly or in combination, 13 (1) require the execution of an appearance bond in a specified amount 14 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 15 of the amount of the bond; 16 (2) require the execution of a bail bond with sufficient solvent sureties 17 or the deposit of cash; 18 (3) require the execution of a performance bond in a specified amount 19 of cash to be deposited in the registry of the court; 20 (4) place restrictions on the person's travel, association, or residence; 21 (5) order the person to refrain from possessing a deadly weapon on the 22 person or in the person's vehicle or residence; 23 (6) require the person to maintain employment, or if unemployed, 24 actively seek employment; 25 (7) require the person to notify the person's lawyer and the prosecuting 26 authority within two business days after any change in employment; 27 (8) require the person to avoid all contact with a victim, a potential 28 witness, or a codefendant; 29 (9) require the person to refrain from the consumption and possession 30 of alcoholic beverages; 31 (10) require the person to refrain from the use of a controlled substance 01 as defined by AS 11.71, unless prescribed by a licensed health care provider with 02 prescriptive authority; 03 (11) require the person to be physically inside the person's residence, 04 or in the residence of the person's third-party custodian, at time periods set by the 05 court; 06 (12) require the person to keep regular contact with a law enforcement 07 officer or agency; 08 (13) order the person to refrain from entering or remaining in premises 09 licensed under AS 04; 10 (14) place the person in the custody of an individual who agrees to 11 serve as a third-party custodian of the person as provided in AS 12.30.021; 12 (15) if the person is under the treatment of a licensed health care 13 provider, order the person to follow the provider's treatment recommendations; 14 (16) order the person to take medication that has been prescribed for 15 the person by a licensed health care provider with prescriptive authority; 16 (17) order the person to comply with any other condition that is 17 reasonably necessary to assure the appearance of the person and to assure the safety of 18 the victim, other persons, and the community. 19 (c) In determining the conditions of release under this chapter, the court shall 20 consider the following: 21 (1) the nature and circumstances of the offense charged; 22 (2) the weight of the evidence against the person; 23 (3) the nature and extent of the person's family ties and relationships; 24 (4) the person's employment status and history; 25 (5) the length and character of the person's past and present residence; 26 (6) the person's record of convictions; 27 (7) the person's record of appearance at court proceedings; 28 (8) assets available to the person to meet monetary conditions of 29 release; 30 (9) the person's reputation, character, and mental condition; 31 (10) the effect of the offense on the victim, any threats made to the 01 victim, and the danger that the person poses to the victim; 02 (11) any other facts that are relevant to the person's appearance or the 03 person's danger to the victim, other persons, or the community. 04 (d) In making a finding regarding the release of a person under this chapter, 05 (1) except as otherwise provided in this chapter, the burden of proof is 06 on the prosecuting authority that a person charged with an offense should be detained 07 or released with conditions described in (b) of this section or AS 12.30.016; 08 (2) there is a rebuttable presumption that no condition or combination 09 of conditions will reasonably assure the appearance of the person or the safety of the 10 victim, other persons, or the community, if the person is 11 (A) charged with an unclassified felony, a class A felony, a 12 sexual felony, or a felony under AS 28.35.30 or 28.35.032; 13 (B) charged with a felony crime against a person under 14 AS 11.41, was previously convicted of a felony crime against a person under 15 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 16 five years have elapsed between the date of the person's unconditional 17 discharge on the immediately preceding offense and the commission of the 18 present offense; 19 (C) charged with a felony offense committed while the person 20 was on release under this chapter for a charge or conviction of another offense; 21 (D) charged with a crime involving domestic violence, and has 22 been convicted in the previous five years of a crime involving domestic 23 violence in this state or a similar offense in another jurisdiction; 24 (E) arrested in connection with an accusation that the person 25 committed a felony outside the state or is a fugitive from justice from another 26 jurisdiction, and the court is considering release under AS 12.70. 27 Sec. 12.30.016. Release before trial in certain cases. (a) A judicial officer 28 may impose, in addition to those required or authorized under AS 12.30.011, 29 conditions of release for offenses described in this section, if necessary to reasonably 30 assure the person's appearance or the safety of the victim, other persons, or the 31 community. 01 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 02 AS 28.35.030, or 28.35.032, a judicial officer may order the person 03 (1) to refrain from 04 (A) consuming alcohol beverages; or 05 (B) possessing on the person, in the person's residence, or in 06 any vehicle or other property over which the person has control, alcoholic 07 beverages; 08 (2) to submit to a search without a warrant of the person, the person's 09 personal property, the person's residence, or any vehicle or other property over which 10 the person has control, for the presence of alcoholic beverages by a peace officer who 11 has reasonable suspicion that the person is violating the conditions of the person's 12 release by possessing alcoholic beverages; 13 (3) to submit to a breath test when requested by a law enforcement 14 officer; 15 (4) to provide a sample for a urinalysis or blood test when requested by 16 a law enforcement officer; 17 (5) to take a drug or combination of drugs intended to prevent 18 substance abuse; 19 (6) to follow any treatment plan imposed by the court under 20 AS 28.35.028.  21 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 22 officer may order the person 23 (1) to refrain from 24 (A) consuming a controlled substance; or 25 (B) possessing on the person, in the person's residence, or in 26 any vehicle or other property over which the person has control, a controlled 27 substance or drug paraphernalia; 28 (2) to submit to a search without a warrant of the person, the person's 29 personal property, the person's residence, or any vehicle or other property over which 30 the person has control, for the presence of a controlled substance or drug paraphernalia 31 by a peace officer who has reasonable suspicion that the person is violating the terms 01 of the person's release by possessing controlled substances or drug paraphernalia; 02 (3) to enroll in a random drug testing program, at the person's expense, 03 to detect the presence of a controlled substance, with testing to occur not less than 04 once a week, and with the results being submitted to the court and the prosecuting 05 authority; 06 (4) to refrain from entering or remaining in a place where a controlled 07 substance is being used, manufactured, grown, or distributed; 08 (5) to refrain from being physically present, within a two-block area 09 of, or within a designated area near, the location where the alleged offense occurred or 10 at other designated places, unless the person actually resides within that area; or 11 (6) to refrain from the use or possession of an inhalant. 12 (d) In a prosecution charging misconduct involving a controlled substance 13 under AS 11.71.020(a)(2) for the manufacture of methamphetamine, or its salts, 14 isomers, or salts of isomers, if the person has been previously convicted in this or 15 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 16 methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 17 require the posting of a minimum of $250,000 cash bond before the person may be 18 released. The judicial officer may reduce this requirement if the person proves to the 19 satisfaction of the officer that the person's only role in the offense was as an aider or 20 abettor and that the person did not stand to benefit financially from the manufacturing. 21 (e) In a prosecution charging the crime of stalking that is not a crime involving 22 domestic violence, a judicial officer may order the person to 23 (1) follow the provisions of any protective order to which the person is 24 respondent; 25 (2) refrain from contacting in any manner, including by telephone or 26 electronic communication, the victim; 27 (3) engage in counseling; if available in the community, the judicial 28 officer shall require that counseling ordered include counseling about alternatives to 29 aggressive behavior. 30 (f) In a prosecution charging a crime under AS 11.41.410 - 11.41.458, a 31 judicial officer 01 (1) may order the person to have no contact with the victim except as 02 specifically allowed by the court; 03 (2) may order the person to reside in a place where the person is not 04 likely to come into contact with the victim of the offense; 05 (3) may order the person to have no contact with any person under 18 06 years of age except in the normal course of business in a public place; 07 (4) shall assure that the victim and the parent or guardian of a minor 08 victim have been notified by a law enforcement agency or the prosecuting authority of 09 a hearing where release is being considered, or that a reasonable effort at notification 10 has been made; and 11 (5) shall solicit comments from the victim or a parent or guardian of 12 the minor victim who is present and wishes to comment, and consider those comments 13 before making a decision concerning the release of the person. 14  * Sec. 5. AS 12.30 is amended by adding a new section to read: 15 Sec. 12.30.021. Third-party custodians. (a) In addition to other conditions 16 imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party 17 custodian if the officer finds that the appointment will, singly or in combination with 18 other conditions, reasonably assure the person's appearance and the safety of the 19 victim, other persons, and the community. 20 (b) A judicial officer may appoint an individual as a third-party custodian if 21 the proposed custodian 22 (1) provides information to the judicial officer about the proposed 23 custodian's residence, occupation, ties to the community, and relationship with the 24 person, and provides any other information requested by the judicial officer; 25 (2) is physically able to perform the duties of custodian of the person; 26 (3) personally, by telephone, or by other technology approved by the 27 court, appears in court with the person and acknowledges to the judicial officer orally 28 and in writing that the proposed custodian 29 (A) understands the duties of custodian and agrees to perform 30 them; the proposed custodian must specifically agree to immediately report in 31 accordance with the terms of the order if the person released has violated a 01 condition of release; and 02 (B) understands that failure to perform those duties may result 03 in the custodian being held criminally liable under AS 09.50.010 or 04 AS 11.56.758. 05 (c) A judicial officer may not appoint a person as a third-party custodian if 06 (1) the proposed custodian is acting as a third-party custodian for 07 another person; 08 (2) the proposed custodian has been convicted in the previous three 09 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 10 (3) criminal charges are pending in this state or another jurisdiction 11 against the proposed custodian; 12 (4) the proposed custodian is on probation in this state or another 13 jurisdiction for an offense; 14 (5) the proposed custodian may be called as a witness in the 15 prosecution of the person; 16 (6) the proposed custodian resides out of state; however a nonresident 17 may serve as a custodian if the nonresident resides in the state while serving as 18 custodian. 19  * Sec. 6. AS 12.30.027(a) is amended to read: 20 (a) Before ordering release before or after trial, or pending appeal, of a person 21 charged with or convicted of a crime involving domestic violence, the judicial officer 22 [COURT] shall consider the safety of the [ALLEGED] victim or other household 23 member. To protect the [ALLEGED] victim, household member, other persons, and 24 the community [PUBLIC] and to reasonably assure the person's appearance, the 25 judicial officer shall impose conditions required under AS 12.30.011, and 26 [COURT] may impose [BAIL AND] any of the conditions authorized under 27 AS 12.30.011 [AS 12.30.020], any of the provisions of AS 18.66.100(c)(1) - (7) and 28 (11), and any other condition necessary to protect the [ALLEGED] victim, household 29 member, other persons, and the community [PUBLIC], and to ensure the appearance 30 of the person in court, including ordering the person to refrain from the consumption 31 of alcohol. 01  * Sec. 7. AS 12.30.027(b) is amended to read: 02 (b) A judicial officer [COURT] may not order or permit a person released 03 under (a) of this section to return to the residence or place of employment of the 04 [ALLEGED] victim or the residence or place of employment of a petitioner who has 05 a protective order directed to the person and issued or filed under AS 18.66.100 - 06 18.66.180 unless  07 (1) 20 days have elapsed following the date the person was  08 arrested;  09 (2) the victim or petitioner consents to the person's return to the  10 residence or place of employment;  11 (3) the person does not have a prior conviction for an offense  12 under AS 11.41 that is a crime involving domestic violence; and  13 (4) the court finds by clear and convincing evidence that the return  14 to the residence or place of employment does not pose a danger to the victim or  15 petitioner. 16  * Sec. 8. AS 12.30.030 is repealed and reenacted to read: 17 Sec. 12.30.030. Appeal from conditions of release. (a) If a person remains in 18 custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken 19 to the court having appellate jurisdiction over the court imposing the conditions. The 20 appellate court shall affirm the order unless it finds that the lower court abused its 21 discretion. 22 (b) If the appellate court finds that the lower court abused its discretion, the 23 appellate court may modify the order, remand the matter for further proceedings, or 24 remand the matter directing entry of the appropriate order, including release under 25 AS 12.30.011(a). The appeal shall be determined promptly. 26   * Sec. 9. AS 12.30 is amended by adding a new section to read: 27 Sec. 12.30.031. Temporary release. (a) A person either before trial or after 28 conviction who is detained under this chapter may be released temporarily if 29 (1) the person is being held in connection with a misdemeanor or class 30 B or C felony; 31 (2) the release is requested because of the 01 (A) death of an immediate family member of the person; 02 (B) birth of the person's child if the defendant executes an 03 affidavit of paternity before the release; 04 (C) person's need for a mental health or substance abuse 05 assessment that the court finds cannot be accommodated in the facility or 06 telephonically; or 07 (D) person's need for a medical or dental examination required 08 for acceptance into a residential treatment facility; and 09 (3) the court solicits information from the Department of Corrections 10 regarding the defendant's conduct while incarcerated and considers that information 11 when making a decision under this subsection. 12 (b) If a court orders temporary release of a person under (a) of this section, the 13 court shall order the person to appear in court during normal business hours at the end 14 of the period of temporary release and before the person is returned to a correctional 15 facility. 16  * Sec. 10. AS 12.30.040 is repealed and reenacted to read: 17 Sec. 12.30.040. Release before sentence; release after conviction. (a) Except 18 as provided in (b) of this section, a person who has been convicted of an offense and is 19 awaiting sentence or who has filed an appeal may be released under the provisions of 20 this chapter if the person establishes, by clear and convincing evidence, that the person 21 can be released under conditions that will reasonably assure the appearance of the 22 person and the safety of the victim, other persons, and the community. 23 (b) A person may not be released under (a) of this section if the person has 24 been convicted of an offense that is 25 (1) an unclassified or class A felony; 26 (2) a sexual felony; 27 (3) a class B felony if the person has been convicted within the 28 previous 10 years of a felony committed in this state or a similar offense committed in 29 another jurisdiction; or 30 (4) a felony in violation of AS 11.41, and the person has been found 31 guilty but mentally ill. 01 (c) A person who has been convicted of an offense and who has filed an 02 application for post-conviction relief may not be released under this section until the 03 court enters an order vacating all convictions against the person. A person who has 04 prevailed in an application for post-conviction relief may seek release before trial in 05 accordance with the provisions of this chapter. 06 * Sec. 11. AS 12.30.050 is repealed and reenacted to read: 07 Sec. 12.30.050. Release of material witnesses. (a) If the prosecution or 08 defense establishes by affidavit or other evidence that the testimony of a person is 09 material in a criminal proceeding, and that it may be impracticable to secure the 10 presence of the person by subpoena, a judicial officer may order the arrest of the 11 person and consider the release or detention of the person under the provisions of 12 AS 12.30.011. 13 (b) A material witness may not be detained because of inability to comply 14 with any condition of release if the testimony of the witness can adequately be secured 15 by deposition, unless further detention is necessary to prevent a failure of justice. 16 (c) Release of a material witness under (a) of this section may be delayed for a 17 reasonable period of time for the deposition of the witness to be taken. 18 * Sec. 12. AS 12.30 is amended by adding a new section to read: 19 Sec. 12.30.055. Persons appearing on petition to revoke. A person who is in 20 custody in connection with a petition to revoke probation for a felony crime against a 21 person under AS 11.41 does not have a right to be released under this chapter. A 22 judicial officer may, however, release the person under the provisions of this chapter, 23 if it is established by a preponderance of the evidence that the proposed release 24 conditions will reasonably assure the appearance of the person and the safety of the 25 victim, other persons, and the community. 26  * Sec. 13. AS 12.30.075(a) is amended to read: 27 (a) Cash or other security posted by a person [DEFENDANT] under 28 AS 12.30.011 [AS 12.30.020] that would otherwise be forfeited shall be held by the 29 court in trust for the benefit of the victim if, within 30 days after an order of the court 30 establishing a failure to appear or a violation of conditions of release, the prosecuting 31 authority gives notice that restitution may be requested as part of the sentence if the 01 person [DEFENDANT] is convicted. 02 * Sec. 14. AS 12.30 is amended by adding a new section to read: 03 Sec. 12.30.078. Conviction occurrence. In this chapter, a conviction occurs at 04 the time the person is found guilty, either by plea or verdict, of the offense. 05 * Sec. 15. AS 12.30.080 is amended by adding new paragraphs to read: 06 (3) "crime involving domestic violence" has the meaning given in 07 AS 18.66.990; 08 (4) "knowingly" has the meaning given in AS 11.81.900; 09 (5) "peace officer" has the meaning given in AS 11.81.900; 10 (6) "sexual felony" has the meaning given in AS 12.55.185; 11 (7) "stalking" means a violation of AS 11.41.260 or 11.41.270. 12  * Sec. 16. AS 12.55.155(c)(12) is amended to read: 13 (12) the defendant was on release under AS 12.30 [AS 12.30.020 OR 14 12.30.040] for another felony charge or conviction or for a misdemeanor charge or 15 conviction having assault as a necessary element; 16  * Sec. 17. AS 12.80.060(g)(2) is amended to read: 17 (2) "offense" means conduct subjecting a person to arrest as an adult 18 offender, or as a juvenile charged as an adult, 19 (A) due to a violation of a federal or state criminal law, or 20 municipal criminal ordinance; 21 (B) under AS 12.25.180; 22 (C) under AS 11.56.730 [AS 12.30.060]; or 23 (D) under AS 12.70. 24  * Sec. 18. AS 18.65.530(a) is amended to read: 25 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 26 without a warrant, shall arrest a person if the officer has probable cause to believe the 27 person has, either in or outside the presence of the officer, within the previous 12 28 hours, 29 (1) committed domestic violence, except an offense under 30 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 31 (2) committed the crime of violating a protective order in violation of 01 AS 11.56.740; 02 (3) violated a condition of release imposed under AS 12.30.016(e) or  03 (f) or 12.30.027 [AS 12.30.025, 12.30.027, OR 12.30.029]. 04  * Sec. 19. AS 18.66.160(a) is amended to read: 05 (a) Unless, on the record in court, the person has already been provided a  06 copy of the court's order, process [PROCESS] issued under this chapter shall be 07 promptly served and executed. If process is to be served upon a person believed to be 08 present or residing in a municipality, as defined in AS 29.71.800, or in an 09 unincorporated community, process shall be served by a peace officer of that 10 municipality or unincorporated community who has jurisdiction within the area of 11 service. If a peace officer of the municipality or unincorporated community who has 12 jurisdiction is not available, a superior court, district court, or magistrate may 13 designate any other peace officer to serve and execute process. A state peace officer 14 shall serve process in any area that is not within the jurisdiction of a peace officer of a 15 municipality or unincorporated community. A peace officer shall use every reasonable 16 means to serve process issued under this chapter. A judge may not order a peace  17 officer to serve a petition that has been denied by the court. 18  * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of 21 Criminal Procedure, is amended to read: 22 (a) Appearance Before the Judge or Magistrate.  23 (1) Except when the person arrested is issued a citation for a 24 misdemeanor or a violation and immediately thereafter released, the arrested person 25 shall be taken before the nearest available judge or magistrate without unnecessary 26 delay. This appearance may be accomplished by the use of telephonic or television 27 equipment pursuant to Criminal Rules 38.1 and 38.2. Necessary [UNNECESSARY] 28 delay within the meaning of this paragraph (a) is defined as a period not to exceed 29 forty-eight [TWENTY-FOUR] hours after arrest, including Sundays and holidays. 30 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 31 read: 01 DIRECT COURT RULE AMENDMENT. Rule 5(a)(2), Alaska Rules of 02 Criminal Procedure, is amended to read: 03 (2) If 04 (i) The judge or magistrate commits the arrested person 05 to jail for a purpose other than to serve a sentence, and 06 (ii) The jail is situated in a different community from 07 the place where the judge or magistrate committed the arrested person 08 to jail, and 09 (iii) The arrested person is not represented by counsel, 10 and 11 (iv) The arrested person has not previously had a bail 12 review, and 13 (v) The arrested person has no date, time and place 14 established for his or her next court appearance, then the arrested 15 person shall be taken before a judge or magistrate in the community 16 where the jail is located within forty-eight [TWENTY-FOUR] hours of 17 the person's detention in that jail 18 (aa) in order for bail to be reviewed, and 19 (bb) in order to determine if the person is represented by counsel, and 20 (cc) in order for [THE] counsel to be appointed, if appropriate. 21 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 DIRECT COURT RULE AMENDMENT. Rule 41(a), Alaska Rules of 24 Criminal Procedure, is amended to read: 25 (a) Admission to Bail. The defendant in a criminal proceeding is entitled to be 26 admitted to bail pursuant to AS 12.30.006 - 12.30.080 [AS 12.30.010 -12.30.080]. 27 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 41(b), Alaska Rules of 30 Criminal Procedure, is amended to read: 31 (b) Types of Bonds. The court may require: 01 (1) the execution of an unsecured appearance bond in an amount 02 specified, under the criteria set forth in AS 12.30.011 [AS 12.30.010(a)]; 03 (2) the execution of an appearance bond in a specified amount and the 04 deposit in the registry of the court, in cash [or other security], of a sum not to exceed 05 10 percent of the amount of the bond; 06 (3) the execution of a bail bond with sufficient solvent sureties or the 07 deposit of cash; or 08 (4) the execution of a performance bond in a specified amount and the 09 deposit in the registry of the court of cash [or other security]. 10 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 41(c), Alaska Rules of 13 Criminal Procedure, is amended to read: 14 (c) Separate Bonds. If a performance bond is required, it must be enforced 15 separately from any appearance or bail bond.  16 (1) Appearance in court may not be a condition of a performance bond. 17 A court may not order that an appearance bond be concurrent with an  18 appearance bond in a pending case unless the surety who posed the first  19 appearance bond approves.  20 (2) The court may not change a performance or appearance bail  21 requirement without agreement by the surety, unless  22 (A) the surety waives the requirement for agreement in  23 advance and in writing; or  24 (B) the court, in writing, finds that the change in the  25 condition of bail poses no increase in risk of loss to the surety and the  26 court sets out in writing the reason for finding that there is no increase in  27 the risk of loss to the surety.  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) made by 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) made by secs. 6 and 7 of this Act; to 07 AS 12.30.075 made by sec. 13 of this Act and to 12.30.080 made by sec. 15 of this Act apply 08 to bail proceedings occurring on or after the effective date of this Act for offenses occurring 09 before, on, or after the effective date of this Act. 10 (f) The amendments to Rule 5, Alaska Rules of Criminal Procedure, made by secs. 20 11 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, made by sec. 13 24 of this Act applies to bail proceedings occurring on or after the effective date of this Act. 14 (h) The amendment to Rule 603(b), Alaska Rules of Criminal Procedure, made by 15 sec. 26 of this Act applies to convictions occurring on or after the effective date of this Act. 16 * Sec. 29. This Act takes effect July 1, 2010.