Section 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 appearance, the judicial officer
        (1) shall impose conditions required under AS 12.30.011;
        (2) may impose any of the conditions authorized under AS 12.30.011;
        (3) may impose any of the provisions of AS 18.66.100(c)(1) - (7) and (11);
        (4) may order the person to 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; and
        (5) may impose any other condition necessary to protect the victim, household member, other persons, and the community, and to ensure the appearance of the person in court, including ordering the person to refrain from the consumption of alcohol.
   (b) A judicial officer may not order or permit a person released under (a) of this section to return to the residence or place of employment of the victim or the residence or place of employment of a petitioner who has a protective order directed to the person and issued or filed under AS 18.66.100 - 18.66.180 unless
        (1) 20 days have elapsed following the date the person was arrested;
        (2) the victim or petitioner consents to the person's return to the residence or place of employment;
        (3) the person does not have a prior conviction for an offense under AS 11.41 that is a crime involving domestic violence; and
        (4) the court finds by clear and convincing evidence that the return to the residence or place of employment does not pose a danger to the victim or petitioner.
   (c) If the court imposes conditions of release under (a) of this section, it shall
        (1) issue a written order specifying the conditions of release;
        (2) provide a copy of the order to the person arrested or charged; and
        (3) immediately distribute a copy of the order to the law enforcement agency that arrested the person.
   (d) When a person is released from custody under (a) of this section,
        (1) from a correctional facility, the correctional facility shall notify the prosecuting authority and the prosecuting authority shall make reasonable efforts to immediately notify the alleged victim of the release, and to furnish the alleged victim with a copy of the order setting any conditions of release;
        (2) from other than a correctional facility, the arresting authority shall make reasonable efforts to immediately notify the alleged victim of the release, and to furnish the alleged victim with a copy of the order setting any conditions of release.
   (e) A person arrested for a crime involving domestic violence or for violation of a condition of release in connection with a crime involving domestic violence may not be released from custody until the person has appeared in person before a judicial officer or telephonically for arraignment.
   (f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
   (g)  [Repealed, Sec. 30 ch 19 SLA 2010].  

Authorities

12.55.135

Notes

Recent Bills that will modify this

HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
HB 221 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS

References

AS 12.55.135 Sentences of imprisonment for misdemeanors.

History

(Sec. 11 ch 64 SLA 1996; am Sec. 7, 8, 30 ch 19 SLA 2010; am Sec. 13, 14 ch 43 SLA 2013)