Section 12.36.070. Return of property by hearing.

   (a) A crime victim who is the owner of property not belonging to a law enforcement agency that is in the custody of the agency under this chapter may request that the office of victims' rights request that the agency return the property to the crime victim. The request under this subsection shall be filed by the office of victims' rights on behalf of the crime victim after the office has conducted an investigation and has concluded that the crime victim is entitled to the return of the property under the factors listed in (c) of this section.
   (b) Within 10 days after receipt of a request under (a) of this section and following reasonable notice to the prosecution, defense, and other interested parties, the agency shall request a hearing before the court to determine if the property shall be released to the crime victim. If the property is being held in connection with a criminal case, the hearing shall be before the court with jurisdiction of the criminal case. If no criminal case is pending regarding the property, the hearing shall be before a district or superior court where the property is located.
   (c) At the hearing, a party that objects to the return of the property shall state the reason on the record. After a hearing, the court may order the return of the property in the custody of a law enforcement agency to the crime victim if
        (1) the crime victim by a preponderance of the evidence provides satisfactory proof of ownership; and
        (2) the party that objects to the return of the property fails to prove by a preponderance of the evidence that the property must be retained by the agency for evidentiary purposes under the provisions of this chapter or another law.
   (d) If the court orders the return of the property to the crime victim, the court may impose reasonable conditions on the return. Those conditions may include an order that the crime victim retain and store the property so that the property is available for future court hearings, requiring photographs of the property to be taken, or any other condition the court considers necessary to maintain the evidentiary integrity of the property.
   (e) In this section, "crime victim" has the meaning given to "victim" in AS 12.55.185.
   (f) If the agency fails to act on a request under (a) of this section within the deadline set in (b) of this section, the victims' advocate may request a hearing under (b) of this section. If the victims' advocate requests a hearing under this subsection, the role of the victims' advocate in the hearing is limited to advocating for the return of the victim's property. The victims' advocate may not participate in the case as a party or an intervenor unless the court orders otherwise.

Authorities

24.65.115

Notes

References

AS 24.65.115 Authority to request return of property on behalf of certain persons.

History

(Sec. 1 ch 3 SLA 2012; am Sec. 1 ch 91 SLA 2014)