Section 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 will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
   (b) A person may not be released under (a) of this section if the person has been convicted of an offense that is
        (1) an unclassified or class A felony;
        (2) a sexual felony;
        (3) a class B felony if the person has been convicted within the previous 10 years of a felony committed in this state or a similar offense committed in another jurisdiction; or
        (4) a felony in violation of AS 11.41, and the person has been found guilty but mentally ill.
   (c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not be released under this section until the court enters an order vacating all convictions against the person. A person who has prevailed in an application for post-conviction relief may seek release before trial in accordance with the provisions of this chapter.

Notes

History

(Sec. 3.02 ch 34 SLA 1962; am Sec. 1 ch 20 SLA 1966; am Sec. 3 ch 24 SLA 1966; am Sec. 3 ch 39 SLA 1974; am Sec. 36 ch 102 SLA 1980; am Sec. 15 ch 45 SLA 1982; am Sec. 42 ch 6 SLA 1984; am Sec. 2 ch 50 SLA 1995; am Sec. 5 ch 79 SLA 1995; am Sec. 14 ch 63 SLA 1997; am Sec. 2 ch 95 SLA 2000; am Sec. 11 ch 19 SLA 2010)