Section 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 assure the person's appearance and the safety of the victim, other persons, and the community.
   (b) A judicial officer may appoint an individual as a third-party custodian if the proposed custodian
        (1) provides information to the judicial officer about the proposed custodian's residence, occupation, ties to the community, and relationship with the person, and provides any other information requested by the judicial officer;
        (2) is physically able to perform the duties of custodian of the person;
        (3) personally, by telephone, or by other technology approved by the court, appears in court with the person and acknowledges to the judicial officer orally and in writing that the proposed custodian
             (A) understands the duties of custodian and agrees to perform them; the proposed custodian must specifically agree to immediately report in accordance with the terms of the order if the person released has violated a condition of release; and
             (B) understands that failure to perform those duties may result in the custodian's being held criminally liable under AS 09.50.010 or AS 11.56.758.
   (c) A judicial officer may not appoint a person as a third-party custodian if
        (1) the proposed custodian is acting as a third-party custodian for another person;
        (2) the proposed custodian has been convicted in the previous three years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;
        (3) criminal charges are pending in this state or another jurisdiction against the proposed custodian;
        (4) the proposed custodian is on probation in this state or another jurisdiction for an offense;
        (5) the proposed custodian may be called as a witness in the prosecution of the person;
        (6) the proposed custodian resides out of state; however, a nonresident may serve as a custodian if the nonresident resides in the state while serving as custodian.

Authorities

12.30.011

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.30.011 Release before trial.

History

(Sec. 6 ch 19 SLA 2010)