CSSB 268(JUD) AM: "An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence."
00CS FOR SENATE BILL NO. 268(JUD) am 01 "An Act relating to release before trial in cases involving alcohol, controlled 02 substances, imitation controlled substances, stalking, or domestic violence." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30 is amended by adding a new section to read: 05 Sec. 12.30.023. RELEASE BEFORE TRIAL IN CASES INVOLVING 06 CONTROLLED SUBSTANCES. In determining the conditions of release under 07 AS 12.30.020 in cases involving a violation of AS 04.11.010, AS 04.11.499, AS 11.71, 08 or AS 11.73, the court shall consider the conditions specified in AS 12.30.020 and the 09 following conditions and impose one or more conditions it considers reasonably 10 necessary to protect the public safety and security, including ordering the defendant 11 (1) to obey all laws; 12 (2) to submit to a search of the defendant's person, personal property, 13 residence, vehicle, or any vehicle over which the defendant has control, for the 14 presence of alcoholic beverages or illegal drugs and drug paraphernalia by a peace
01 officer who has reasonable suspicion that the defendant is violating the terms of the 02 defendant's bail release by possessing alcoholic beverages or illegal drugs and drug 03 paraphernalia; 04 (3) in 05 (A) controlled substances offenses, to enroll in a random drug testing program, at the defendant's expense, to 06 detect the presence of an illegal drug, with testing to occur not less than once a week, and with the results bei 07 submitted to the court and the district attorney's office; 08 (B) alcoholic beverage offenses, to submit to a breath test when requested by a law enforcement officer; 09 (4) to not have on the defendant's person, in the defendant's residence, 10 or in any vehicle over which the defendant has control, any alcoholic beverages, 11 controlled substances, or related paraphernalia; 12 (5) to not use, manufacture, possess, handle, purchase, give, or 13 administer any controlled substance or alcoholic beverage; 14 (6) to not associate with persons involved in using, manufacturing, 15 growing, or distributing controlled substances or alcoholic beverages; 16 (7) to not enter or remain in places where controlled substances or 17 alcoholic beverages are being used, manufactured, grown, or distributed; 18 (8) to not be physically present, within a two-block area of, or within 19 a designated area near, the location at which the offense occurred or at other 20 designated locations, unless the defendant actually resides within that area; 21 (9) to not use or possess a paging device, cellular phone, or other 22 portable communicative device on the defendant's person, in any vehicle over which 23 the defendant has control, or in the defendant's residence; 24 (10) to be physically inside the defendant's residence, or in the 25 residence of the defendant's third-party custodian, between time periods set by the 26 court, except as otherwise required by employment, education, counseling, or treatment 27 and as specifically authorized by the court; 28 (11) to not 29 (A) have a firearm in the defendant's possession or control, in 30 any vehicle over which the defendant has control, or in the defendant's 31 residence;
01 (B) possesses a knife, other than an ordinary pocket knife, on 02 the defendant's person; 03 (12) to engage in any conduct or to refrain from any conduct that the 04 court considers reasonably necessary to protect the public. 05 * Sec. 2. AS 12.30.025(a) is amended to read: 06 (a) In determining the conditions of release under AS 12.30.020 in cases 07 involving domestic violence or stalking, the court shall consider the conditions 08 specified in AS 12.30.020 and the following conditions and impose one or more 09 conditions it considers reasonably necessary to protect the alleged victim of the 10 domestic violence or stalking, including ordering the defendant 11 (1) not to subject the victim to further domestic violence or stalking; 12 (2) to vacate the home of the victim; 13 (3) not to contact the victim other than through counsel; 14 (4) to engage in counseling; if the court directs the defendant to engage 15 in personal counseling, the court shall provide in the order that the counseling must 16 propose alternatives to aggression if that type of counseling is available; if the court 17 directs the defendant to participate in family counseling, it shall make a finding that 18 family counseling will not result in additional domestic violence or stalking; 19 (5) to refrain from the consumption of alcohol or the use of drugs.