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Sec. 12.30.006. Release procedures.

(a) At the first appearance before a judicial officer, a person charged with an offense shall be released or detained under the provisions of this chapter. (b) At the first appearance before a judicial officer, a person may be detained up to 48 hours for the prosecuting authority to demonstrate that release of the person […]

Sec. 12.30.011. Release before trial.

(a) Except as otherwise provided in this chapter, a judicial officer shall order a person charged with an offense to be released on the person’s personal recognizance or upon execution of an unsecured appearance bond, on the condition that the person (1) obey all court orders and all federal, state, and local laws; (2) appear […]

Sec. 12.30.016. Release before trial in certain cases.

(a) A judicial officer may impose, in addition to those required or authorized under AS 12.30.011, conditions of release for offenses described in this section, if necessary to reasonably assure the person’s appearance or the safety of the victim, other persons, or the community. (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, […]

Sec. 12.30.021. Third-party custodians.

(a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party custodian if the officer finds that the appointment will, singly or in combination with other conditions, reasonably ensure the person’s appearance and the safety of the victim, other persons, and the community. (b) A judicial officer […]

Sec. 12.30.027. Release in domestic violence cases.

(a) Before ordering release before or after trial, or pending appeal, of a person charged with or convicted of a crime involving domestic violence, the judicial officer shall consider the safety of the victim or other household member. To protect the victim, household member, other persons, and the community and to reasonably ensure the person’s […]

Sec. 12.30.030. Appeal from conditions of release.

(a) If a person remains in custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken to the court having appellate jurisdiction over the court imposing the conditions. The appellate court shall affirm the order unless it finds that the lower court abused its discretion. (b) If the appellate […]

Sec. 12.30.031. Temporary release.

(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if (1) the person is being held in connection with a misdemeanor or class B or C felony; (2) the release is requested because of the (A) death of an immediate family member of the person; […]

Sec. 12.30.035. Release pending appeal by state.

If the state appeals an order dismissing an indictment, information, or complaint, or granting a new trial after verdict or judgment, the court shall treat the defendant in accordance with the provisions governing pretrial release under this chapter.

Sec. 12.30.040. Release before sentence; release after conviction.

(a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence, that the person can be released under conditions that […]

Sec. 12.30.050. Release of material witnesses.

(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and consider the release or detention […]

Sec. 12.30.055. Persons appearing on petition to revoke.

(a) A person who is in custody in connection with a petition to revoke probation for a felony crime against a person under AS 11.41 does not have a right to be released under this chapter. A judicial officer may, however, release the person under the provisions of this chapter, if it is established by […]

Sec. 12.30.075. Forfeited cash and other securities.

(a) Cash or other security posted by a person under AS 12.30.011 that would otherwise be forfeited shall be held by the court in trust for the benefit of the victim if, within 30 days after an order of the court establishing a failure to appear or a violation of conditions of release, the prosecuting […]

Sec. 12.30.080. Definitions.

In this chapter, (1) “crime involving domestic violence” has the meaning given in AS 18.66.990; (2) “judicial officer” means a person authorized to release a person pending trial, sentencing, or pending appeal; (3) “knowingly” has the meaning given in AS 11.81.900; (4) “offense” means any criminal offense; (5) “peace officer” has the meaning given in […]