Section 33.05.070. Arrest of probationer.

   (a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090, the court for the district in which the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district in which the probationer was last under supervision may issue a warrant for the probationer's arrest for violation of probation occurring during the probation period.  The warrant may be executed in any district by the probation officer or any peace officer in the district in which the warrant was issued or of any district in which the probationer is found.  If the probationer is arrested in any district other than that in which the probationer was last supervised, the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the probationer is transferred as above provided to the district in which the probationer is found, and in that case the probationer shall be detained pending further proceedings in that district.
   (b) As speedily as possible after arrest, the probationer shall be taken before the court for the district having jurisdiction over the probationer. Except as provided in AS 12.55.090(f), the court may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086(c).
   (c) At any time within the probation period, a police officer certified by the Alaska Police Standards Council may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation condition relating to one of the topics set out in (d) of this section.
   (d) The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant under AS 33.16.240 and (c) of this section are those conditions imposed by the court, or the parole board, relating to
        (1) geographic limitations on the probationer's movements;
        (2) possessing or consuming controlled substances under state or federal law;
        (3) possessing firearms;
        (4) possessing or consuming alcoholic beverages, or being in a place where they are sold or served;
        (5) operating or driving a motor vehicle; or
        (6) other conduct that creates an imminent public danger or threatens serious harm to persons or property.

Authorities

33.16.240

Notes

References

AS 33.16.240 Arrest of parole violator.

History

(Sec. 5 ch 105 SLA 1960; am Sec. 3 ch 32 SLA 1979; am Sec. 26 ch 2 SLA 2005; am Sec. 15 ch 70 SLA 2012)