Section 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 in court when ordered;
        (3) if represented, maintain contact with the person's lawyer; and
        (4) notify the person's lawyer, who shall notify the prosecuting authority and the court, not more than 24 hours after the person changes residence.
   (b) If a judicial officer determines that the release under (a) of this section will not reasonably assure the appearance of the person or will pose a danger to the victim, other persons, or the community, the officer shall impose the least restrictive condition or conditions that will reasonably assure the person's appearance and protect the victim, other persons, and the community. In addition to conditions under (a) of this section, the judicial officer may, singly or in combination,
        (1) require the execution of an appearance bond in a specified amount of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent of the amount of the bond;
        (2) require the execution of a bail bond with sufficient solvent sureties or the deposit of cash;
        (3) require the execution of a performance bond in a specified amount of cash to be deposited in the registry of the court;
        (4) place restrictions on the person's travel, association, or residence;
        (5) order the person to refrain from possessing a deadly weapon on the person or in the person's vehicle or residence;
        (6) require the person to maintain employment or, if unemployed, actively seek employment;
        (7) require the person to notify the person's lawyer and the prosecuting authority within two business days after any change in employment;
        (8) require the person to avoid all contact with a victim, a potential witness, or a codefendant;
        (9) require the person to refrain from the consumption and possession of alcoholic beverages;
        (10) require the person to refrain from the use of a controlled substance as defined by AS 11.71, unless prescribed by a licensed health care provider with prescriptive authority;
        (11) require the person to be physically inside the person's residence, or in the residence of the person's third-party custodian, at time periods set by the court;
        (12) require the person to keep regular contact with a law enforcement officer or agency;
        (13) order the person to refrain from entering or remaining in premises licensed under AS 04;
        (14) place the person in the custody of an individual who agrees to serve as a third-party custodian of the person as provided in AS 12.30.021;
        (15) if the person is under the treatment of a licensed health care provider, order the person to follow the provider's treatment recommendations;
        (16) order the person to take medication that has been prescribed for the person by a licensed health care provider with prescriptive authority;
        (17) order the person to comply with any other condition that is reasonably necessary to assure the appearance of the person and to assure the safety of the victim, other persons, and the community;
        (18) require the person to comply with a program established under AS 47.38.020 if the person has been charged with an alcohol-related or substance-abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, or a crime involving domestic violence.
   (c) In determining the conditions of release under this chapter, the court shall consider the following:
        (1) the nature and circumstances of the offense charged;
        (2) the weight of the evidence against the person;
        (3) the nature and extent of the person's family ties and relationships;
        (4) the person's employment status and history;
        (5) the length and character of the person's past and present residence;
        (6) the person's record of convictions;
        (7) the person's record of appearance at court proceedings;
        (8) assets available to the person to meet monetary conditions of release;
        (9) the person's reputation, character, and mental condition;
        (10) the effect of the offense on the victim, any threats made to the victim, and the danger that the person poses to the victim;
        (11) any other facts that are relevant to the person's appearance or the person's danger to the victim, other persons, or the community.
   (d) In making a finding regarding the release of a person under this chapter,
        (1) except as otherwise provided in this chapter, the burden of proof is on the prosecuting authority that a person charged with an offense should be detained or released with conditions described in (b) of this section or AS 12.30.016;
        (2) there is a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the victim, other persons, or the community, if the person is
             (A) charged with an unclassified felony, a class A felony, a sexual felony, or a felony under AS 28.35.030 or 28.35.032;
             (B) charged with a felony crime against a person under AS 11.41, was previously convicted of a felony crime against a person under AS 11.41 in this state or a similar offense in another jurisdiction, and less than five years have elapsed between the date of the person's unconditional discharge on the immediately preceding offense and the commission of the present offense;
             (C) charged with a felony offense committed while the person was on release under this chapter for a charge or conviction of another offense;
             (D) charged with a crime involving domestic violence, and has been convicted in the previous five years of a crime involving domestic violence in this state or a similar offense in another jurisdiction;
             (E) arrested in connection with an accusation that the person committed a felony outside the state or is a fugitive from justice from another jurisdiction, and the court is considering release under AS 12.70.

Authorities

12.30.006;12.30.016;12.30.021;12.30.027;12.30.030;12.30.050;12.30.075

Notes

Recent Bills that will modify this

HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.30.006 Release procedures.
AS 12.30.016 Release before trial in certain cases.
AS 12.30.021 Third-party custodians.
AS 12.30.027 Release in domestic violence cases.
AS 12.30.030 Appeal from conditions of release.
AS 12.30.050 Release of material witnesses.
AS 12.30.075 Forfeited cash and other securities.

History

(Sec. 5 ch 19 SLA 2010; am Sec. 20 ch 83 SLA 2014)