Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.30.006 Release procedures.
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(a) At the first appearance before a judicial officer, a person charged with an offense shall be released or detained under the provisions of this chapter. (b) At the first appearance before a judicial officer, a person may be detained up to 48 hours for the prosecuting authority…
AS 12.30.010 Bail before or after conviction; restrictions on release without bail. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.011 Release before trial.
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(a) Except as otherwise provided in this chapter, a judicial officer shall order a person charged with an offense to be released on the person's personal recognizance or upon execution of an unsecured appearance bond, on the condition that the person (1) obey all court orders and…
AS 12.30.016 Release before trial in certain cases.
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(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.…
AS 12.30.020 Release before trial. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.021 Third-party custodians.
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(a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party custodian if the officer finds that the appointment will, singly or in combination with other conditions, reasonably ensure the person's appearance and the sa…
AS 12.30.023 Secs. 12.30.023 , 12.30.025. Release before trial in cases involving controlled substances or alcohol; release before trial in cases involving stalking. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.027 Release in domestic violence cases.
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(a) Before ordering release before or after trial, or pending appeal, of a person charged with or convicted of a crime involving domestic violence, the judicial officer shall consider the safety of the victim or other household member. To protect the victim, household member, oth…
AS 12.30.029 Release in sexual abuse and sexual assault cases. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.030 Appeal from conditions of release.
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(a) If a person remains in custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken to the court having appellate jurisdiction over the court imposing the conditions. The appellate court shall affirm the order unless it finds that the lower court abus…
AS 12.30.031 Temporary release.
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(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if (1) the person is being held in connection with a misdemeanor or class B or C felony; (2) the release is requested because of the (A) death of an immediate fam…
AS 12.30.035 Release pending appeal by state.
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If the state appeals an order dismissing an indictment, information, or complaint, or granting a new trial after verdict or judgment, the court shall treat the defendant in accordance with the provisions governing pretrial release under this chapter.
AS 12.30.040 Release before sentence; release after conviction.
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(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 b…
AS 12.30.050 Release of material witnesses.
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(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the pers…
AS 12.30.055 Persons appearing on petition to revoke.
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(a) A person who is in custody in connection with a petition to revoke probation for a felony crime against a person under AS 11.41 does not have a right to be released under this chapter. A judicial officer may, however, release the person under the provisions of this chapter, i…
AS 12.30.060 Penalties for failure to appear. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.070 Contempt.
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Nothing in this chapter shall prevent a court from exercising its power to punish for contempt.
AS 12.30.075 Forfeited cash and other securities.
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(a) Cash or other security posted by a person under AS 12.30.011 that would otherwise be forfeited shall be held by the court in trust for the benefit of the victim if, within 30 days after an order of the court establishing a failure to appear or a violation of conditions of rel…
AS 12.30.078 Conviction occurrence.
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In this chapter, a conviction occurs at the time the person is found guilty, either by plea or verdict, of the offense.
AS 12.30.080 Definitions.
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In this chapter, (1) “crime involving domestic violence” has the meaning given in AS 18.66.990; (2) “judicial officer” means a person authorized to release a person pending trial, sentencing, or pending appeal; (3) “knowingly” has the meaning given in AS 11.81.900; (4) “offense” …