SB 150: "An Act relating to pretrial release procedures; amending Rule 41, Alaska Rule of Criminal Procedure; and providing for an effective date."
00 SENATE BILL NO. 150 01 "An Act relating to pretrial release procedures; amending Rule 41, Alaska Rule of 02 Criminal Procedure; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30.006(b) is amended to read: 05 (b) At the first appearance before a judicial officer, a person may be detained 06 up to 48 hours for the prosecuting authority to demonstrate that release of the person 07 under AS 12.30.011 would not reasonably ensure the appearance of the person or will 08 pose a danger to the victim, other persons, or the community, if the person has [BEEN 09 CHARGED WITH THE FOLLOWING CRIMES:] 10 (1) been charged with 11 (A) an unclassified, class A, or class B felony; 12 (B) [(2)] a class C felony 13 (i) [(A)] under AS 11.41, AS 11.56.730, AS 28.35.030, 14 or 28.35.032;
01 (ii) [(B)] that is a sex offense; in this sub- 02 subparagraph [SUBPARAGRAPH], "sex offense" has the meaning 03 given in AS 12.63.100; or 04 (iii) [(C)] that is a crime involving domestic violence; in 05 this sub-subparagraph [SUBPARAGRAPH], "crime involving 06 domestic violence" has the meaning given in AS 18.66.990; [OR] 07 (C) [(3)] a class C felony, other than a class C felony listed in 08 (B) [(2)] of this paragraph [SUBSECTION], and the person has been assessed 09 as moderate to high risk under AS 12.30.011(c)(2); or 10 (2) an out-of-state criminal history that has not been used in 11 determining the person's risk level in the pretrial risk assessment under 12 AS 33.07. 13 * Sec. 2. AS 12.30.011(a) is amended to read: 14 (a) Except as otherwise provided in this chapter, a [A] judicial officer may 15 order that a person charged with an offense, in addition to other conditions imposed 16 under this section, [BE] released 17 (1) on the person's own recognizance; 18 (2) upon execution of an unsecured appearance bond; or 19 (3) upon execution of an unsecured performance bond. 20 * Sec. 3. AS 12.30.011(b) is amended to read: 21 (b) A person charged with a misdemeanor that does not include an offense 22 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense 23 as defined in AS 12.63.100, or a crime involving domestic violence as defined in 24 AS 18.66.990 and who is assessed by a pretrial services officer as 25 (1) low to moderate risk, except as provided in (m) of this section, 26 shall be released on the person's own recognizance or upon execution of an unsecured 27 appearance bond or unsecured performance bond; or 28 (2) high risk shall be released on the person's own recognizance or 29 upon execution of an unsecured appearance bond or unsecured performance bond 30 unless the judicial officer finds on the record that there is clear and convincing 31 evidence that no nonmonetary conditions of release in combination with the release of
01 the person on the person's own recognizance or upon execution of an unsecured bond 02 can reasonably ensure the appearance of the person in court and the safety of the 03 victim, other persons, and the community. 04 * Sec. 4. AS 12.30.011(c) is amended to read: 05 (c) A person charged with a class C felony that does not include an offense 06 under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032, a sex offense as defined 07 in AS 12.63.100, or a crime involving domestic violence as defined in AS 18.66.990 08 and who is assessed by a pretrial services officer as 09 (1) low risk, except as provided in (m) of this section, shall be 10 released on the person's own recognizance or upon execution of an unsecured 11 appearance bond or unsecured performance bond; or 12 (2) moderate to high risk shall be released on the person's own 13 recognizance or upon execution of an unsecured appearance bond or unsecured 14 performance bond unless the judicial officer finds on the record that there is clear and 15 convincing evidence that no nonmonetary conditions of release in combination with 16 the release of the person on the person's own recognizance or upon execution of an 17 unsecured bond can reasonably ensure the appearance of the person in court and the 18 safety of the victim, other persons, and the community. 19 * Sec. 5. AS 12.30.011(g) is amended to read: 20 (g) A person released under this chapter [SECTION] shall be released on the 21 condition that the person 22 (1) obey all court orders; 23 (2) obey all laws; 24 (3) make all court appearances; 25 (4) maintain contact with the person's pretrial services officer, if one is 26 appointed by the court, and follow the pretrial services officer's instructions; 27 (5) if represented, maintain contact with the person's attorney; 28 (6) notify the person's attorney or, if the person is not represented by 29 an attorney, the pretrial services officer or the court within 24 hours after a change in 30 the person's residence. 31 * Sec. 6. AS 12.30.011(i) is amended to read:
01 (i) In determining the conditions of release under this chapter, the court shall 02 consider the following: 03 (1) the nature and circumstances of the offense charged; 04 (2) the weight of the evidence against the person; 05 (3) the nature and extent of the person's family ties and relationships; 06 (4) the person's employment status and history; 07 (5) the length and character of the person's past and present residence; 08 (6) the person's record of convictions, including convictions outside 09 the state; 10 (7) the person's record of appearance at court proceedings; 11 (8) assets available to the person to meet monetary conditions of 12 release; 13 (9) the person's reputation, character, and mental condition; 14 (10) the effect of the offense on the victim, any threats made to the 15 victim, and the danger that the person poses to the victim; 16 (11) the conditions of release recommended by the pretrial services 17 officer; 18 (12) the person's pretrial risk assessment score; and 19 (13) any other facts that are relevant to the person's appearance or the 20 person's danger to the victim, other persons, or the community. 21 * Sec. 7. AS 12.30.011 is amended by adding a new subsection to read: 22 (m) If a person charged with an offense has an out-of-state criminal history 23 that has not been used in determining the person's risk level in the pretrial risk 24 assessment under AS 33.07, the court shall impose the least restrictive condition or 25 conditions authorized under this chapter that will reasonably ensure the appearance of 26 the person in court and the safety of the victim, other persons, and the community. 27 * Sec. 8. AS 12.30.080 is amended by adding a new paragraph to read: 28 (8) "out-of-state criminal history" means a criminal history containing 29 arrests, charges, or convictions not contained in the criminal justice information 30 system developed and operated by the Department of Public Safety under 31 AS 12.62.110.
01 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 INDIRECT COURT RULE AMENDMENT. AS 12.30.011, as amended by secs. 2 - 7 04 of this Act, has the effect of changing Rule 41, Alaska Rules of Criminal Procedure, by 05 changing release conditions for certain defendants. 06 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. This Act takes effect only if sec. 9 of this Act receives the 09 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 10 Alaska. 11 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. This Act applies to offenses committed on or after the effective 14 date of this Act. 15 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).