Alaska Stat. § 12.30.016

Release before trial in certain cases.

ReservedLast amended: 2016Year: 2026Length: 811 wordsSubsections: 5Official source
(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.
Alaska Stat. § 12.30.016: Release before trial in certain cases. | Justis AI