Sec. 12.30.016. Release before trial in certain cases.

819 words·~4 min read·/ak/title-12/chapter-30/12-30-016

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A judicial officer may impose, in addition to those required or authorized under AS 12.30.011 , conditions of release for offenses described in this section, if necessary to reasonably assure the person's appearance or the safety of the victim, other persons, or the community.

(b)In a prosecution charging a violation of AS 04.11.010 , 04.11.499, AS 28.35.030 , or 28.35.032, a judicial officer may order the person

(1)to refrain from

(A)consuming alcoholic beverages; or

(B)possessing on the person, in the person's residence, or in any vehicle or other property over which the person has control, alcoholic beverages;

(2)to submit to a search without a warrant of the person, the person's personal property, the person's residence, or any vehicle or other property over which the person has control, for the presence of alcoholic beverages by a peace officer or pretrial services officer who has reasonable suspicion that the person is violating the conditions of the person's release by possessing alcoholic beverages;

(3)to submit to a breath test when requested by a law enforcement officer or pretrial services officer;

(4)to provide a sample for a urinalysis or blood test when requested by a law enforcement officer or pretrial services officer;

(5)to take a drug or combination of drugs intended to prevent substance abuse;

(6)to follow any treatment plan imposed by the court under AS 28.35.028 ;

(7)to comply with a program established under AS 47.38.020 .

(c)In a prosecution charging a violation of AS 11.71 or AS 11.73 , a judicial officer may order the person

(1)to refrain from

(A)consuming a controlled substance; or

(B)possessing on the person, in the person's residence, or in any vehicle or other property over which the person has control, a controlled substance or drug paraphernalia;

(2)to submit to a search without a warrant of the person, the person's personal property, the person's residence, or any vehicle or other property over which the person has control, for the presence of a controlled substance or drug paraphernalia by a peace officer or pretrial services officer who has reasonable suspicion that the person is violating the terms of the person's release by possessing controlled substances or drug paraphernalia;

(3)to enroll in a random drug testing program, at the person's expense, with testing to occur not less than once a week, or to submit to random drug testing by the pretrial services office in the Department of Corrections to detect the presence of a controlled substance, with the results being submitted to the court and the prosecuting authority;

(4)to refrain from entering or remaining in a place where a controlled substance is being used, manufactured, grown, or distributed;

(5)to refrain from being physically present at, within a two-block area of, or within a designated area near, the location where the alleged offense occurred or at other designated places, unless the person actually resides within that area;

(6)to refrain from the use or possession of an inhalant; or

(7)to comply with a program established under AS 47.38.020 .

(d)[Repealed, § 179 ch 36 SLA 2016.]

(e)In a prosecution charging the crime of stalking that is not a crime involving domestic violence, a judicial officer may order the person to

(1)follow the provisions of any protective order to which the person is respondent;

(2)refrain from contacting, in any manner, including by telephone or electronic communication, the victim;

(3)engage in counseling; if available in the community, the judicial officer shall require that counseling ordered include counseling about alternatives to aggressive behavior;

(4)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.

(f)In a prosecution charging a crime under AS 11.41.410 — 11.41.458, a judicial officer

(1)may order the person to have no contact with the victim except as specifically allowed by the court;

(2)may order the person to reside in a place where the person is not likely to come into contact with the victim of the offense;

(3)may order the person to have no contact with any person under 18 years of age except in the normal course of business in a public place;

(4)shall assure that the victim and the parent or guardian of a minor victim have been notified by a law enforcement agency or the prosecuting authority of a hearing where release is being considered, or that a reasonable effort at notification has been made; and

(5)shall solicit comments from the victim or a parent or guardian of the minor victim who is present and wishes to comment, and consider those comments before making a decision concerning the release of the person.