Section 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, AS 28.35.030, or 28.35.032, a judicial officer may order the person
        (1) to refrain from
             (A) consuming alcoholic beverages; or
             (B) possessing on the person, in the person's residence, or in any vehicle or other property over which the person has control, alcoholic beverages;
        (2) to submit to a search without a warrant of the person, the person's personal property, the person's residence, or any vehicle or other property over which the person has control, for the presence of alcoholic beverages by a peace officer who has reasonable suspicion that the person is violating the conditions of the person's release by possessing alcoholic beverages;
        (3) to submit to a breath test when requested by a law enforcement officer;
        (4) to provide a sample for a urinalysis or blood test when requested by a law enforcement officer;
        (5) to take a drug or combination of drugs intended to prevent substance abuse;
        (6) to follow any treatment plan imposed by the court under AS 28.35.028;
        (7) to comply with a program established under AS 47.38.020.
   (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial officer may order the person
        (1) to refrain from
             (A) consuming a controlled substance; or
             (B) possessing on the person, in the person's residence, or in any vehicle or other property over which the person has control, a controlled substance or drug paraphernalia;
        (2) to submit to a search without a warrant of the person, the person's personal property, the person's residence, or any vehicle or other property over which the person has control, for the presence of a controlled substance or drug paraphernalia by a peace officer who has reasonable suspicion that the person is violating the terms of the person's release by possessing controlled substances or drug paraphernalia;
        (3) to enroll in a random drug testing program, at the person's expense, to detect the presence of a controlled substance, with testing to occur not less than once a week, and with the results being submitted to the court and the prosecuting authority;
        (4) to refrain from entering or remaining in a place where a controlled substance is being used, manufactured, grown, or distributed;
        (5) to refrain from being physically present at, within a two-block area of, or within a designated area near, the location where the alleged offense occurred or at other designated places, unless the person actually resides within that area;
        (6) to refrain from the use or possession of an inhalant; or
        (7) to comply with a program established under AS 47.38.020.
   (d)  [Repealed, sec. 179, ch. 36, SLA 2016]  
   (e) In a prosecution charging the crime of stalking that is not a crime involving domestic violence, a judicial officer may order the person to
        (1) follow the provisions of any protective order to which the person is respondent;
        (2) refrain from contacting, in any manner, including by telephone or electronic communication, the victim;
        (3) engage in counseling; if available in the community, the judicial officer shall require that counseling ordered include counseling about alternatives to aggressive behavior;
        (4) participate in a monitoring program with a global positioning device or similar technological means that meets guidelines for a monitoring program adopted by the Department of Corrections in consultation with the Department of Public Safety.
   (f) In a prosecution charging a crime under AS 11.41.410 - 11.41.458, a judicial officer
        (1) may order the person to have no contact with the victim except as specifically allowed by the court;
        (2) may order the person to reside in a place where the person is not likely to come into contact with the victim of the offense;
        (3) may order the person to have no contact with any person under 18 years of age except in the normal course of business in a public place;
        (4) shall assure that the victim and the parent or guardian of a minor victim have been notified by a law enforcement agency or the prosecuting authority of a hearing where release is being considered, or that a reasonable effort at notification has been made; and
        (5) shall solicit comments from the victim or a parent or guardian of the minor victim who is present and wishes to comment, and consider those comments before making a decision concerning the release of the person.

Authorities

12.25.030;12.30.011;18.65.530

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.25.030 Grounds for arrest by private person or peace officer without warrant.
AS 12.30.011 Release before trial.
AS 18.65.530 Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release.

History

(Sec. 5 ch 19 SLA 2010; am Sec. 12 ch 43 SLA 2013; am Sec. 21, 22 ch 83 SLA 2014; am Sec. 179 ch 36 SLA 2016)