Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.66.010 Council on Domestic Violence and Sexual Assault; purpose.
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There is established in the Department of Public Safety the Council on Domestic Violence and Sexual Assault. The purpose of the council is to provide for planning and coordination of services to victims of domestic violence or sexual assault or to their families and to perpetrato…
AS 18.66.020 Membership, terms, vacancies, and disqualification.
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(a) The council consists of (1) five public members appointed by the governor, one of whom shall be from a rural area and one of whom shall be a member of an Alaska Native organization; the governor may consult with the Alaska Network on Domestic Violence and Sexual Assault and t…
AS 18.66.030 Compensation and expenses.
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The members of the council receive no salary but are entitled to transportation expenses and per diem in accordance with AS 39.20.180.
AS 18.66.040 Meetings and quorum.
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The council shall meet at least four times a year. At least one meeting each year shall include a statewide public teleconference hearing. The time and place of a meeting shall be set by the presiding officer or by three members who submit a written request for a meeting to the p…
AS 18.66.050 Duties of the council.
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The council shall (1) hire an executive director, and the executive director may hire staff; the executive director is in the exempt service under AS 39.25.110 and staff members are in the classified service under AS 39.25.100; (2) elect one of its members as presiding officer; (…
AS 18.66.060 Qualifications for grants and contracts.
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Article 2. Protective Orders. A local community entity is qualified to receive a grant or contract under this chapter if it agrees to provide services approved by the council to victims of domestic violence or sexual assault or their families or to perpetrators of domestic violen…
AS 18.66.100 Protective orders: eligible petitioners; relief.
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(a) A person who is or has been a victim of a crime involving domestic violence may file a petition in the district or superior court for a protective order against a household member. A parent, guardian, or other representative appointed by the court under this section may file …
AS 18.66.110 Ex parte and emergency protective orders.
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(a) A person who is a victim of a crime involving domestic violence may file a petition under AS 18.66.100(a) and request an ex parte protective order. If the court finds that the petition establishes probable cause that a crime involving domestic violence has occurred, it is nec…
AS 18.66.120 Modification of protective orders.
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(a) Either the petitioner or the respondent may request modification of a protective order. If a request is made for modification of (1) an ex parte protective order under AS 18.66.110(a), the court shall schedule a hearing on three days' notice or on shorter notice as the court …
AS 18.66.130 Specific protective orders.
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(a) If a respondent in a protective order issued under AS 18.66.100 — 18.66.180 is prohibited from communicating with the petitioner, excluded from the residence of the petitioner, or ordered to stay away from the petitioner as provided in AS 18.66.100(c)(2) — (5), an invitation …
AS 18.66.140 Filing and enforcement of protective orders issued in other states.
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(a) A certified copy of an unexpired protective order issued in another jurisdiction may be filed with the clerk of court in any judicial district in this state. (b) A protective order issued in another jurisdiction has the same effect and must be recognized and enforced in the s…
AS 18.66.150 Forms for petitions and orders; fees.
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(a) The Alaska Court System, after consulting with the Council on Domestic Violence and Sexual Assault and other interested persons and organizations, shall prepare forms for petitions, protective orders, and instructions for their use by a person seeking a protective order under…
AS 18.66.160 Service of process.
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(a) Unless, on the record in court, the person has already been provided a copy of the court's order, process issued under this chapter shall be promptly served and executed. If process is to be served upon a person believed to be present or residing in a municipality, as defined…
AS 18.66.170 Notification of law enforcement agencies.
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When a court issues or accepts for filing a protective order under this chapter, it shall send a copy of the order to the appropriate local law enforcement agency. Each law enforcement agency shall establish procedures to inform peace officers of protective orders. Peace officers…
AS 18.66.180 Civil liability.
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Article 3. Confidential Communications. A person may not bring a civil action for damages against the state, its officers, agents, or employees, or a law enforcement agency, its officers, agents, or employees for any failure to comply with the provisions of this chapter.
AS 18.66.200 Compulsory disclosure of communications prohibited.
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(a) Except as provided in AS 18.66.210 or 18.66.220, a victim or victim counselor may not be compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications for any purpose in a criminal, civil, legislative, or administrative…
AS 18.66.210 Exceptions.
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The privilege provided under AS 18.66.200 does not apply to (1) reports of suspected child abuse or neglect under AS 47.17; (2) evidence that the victim is about to commit a crime; (3) a proceeding that occurs after the victim's death; (4) a communication relevant to an issue of …
AS 18.66.220 Waiver.
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(a) A victim does not waive the protections provided in AS 18.66.200 by testifying except that, if the victim partially discloses the contents of a confidential communication in the course of testifying in a civil, criminal, or administrative proceeding, then either party may req…
AS 18.66.230 Inference from claim of privilege; instruction.
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(a) The claim of a privilege under AS 18.66.200, whether in a present proceeding or upon a prior occasion, is not a proper subject of comment by a judge, hearing officer, legislator, or counsel. An inference may not be drawn from the claim of privilege. (b) In jury cases, proceed…
AS 18.66.250 Definitions.
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Article 4. Procedures and Education. In AS 18.66.200 — 18.66.250, (1) “confidential communication” means information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counse…
AS 18.66.300 Standards and procedures for health care in domestic violence cases.
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(a) The Department of Health shall adopt standards and procedures for the delivery of services to victims of domestic violence by health care facilities and practitioners of the healing arts and personnel in those facilities. The standards and procedures shall be formulated in co…
AS 18.66.310 Continuing education for public employees, court system employees, and for prosecuting authorities.
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Article 5. Domestic Violence Fatality Review Teams. (a) Employers of state or local public employees, including employees of public schools, shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for the …
AS 18.66.400 Domestic violence fatality review teams.
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(a) The commissioner of public safety may establish domestic violence fatality review teams in areas of the state. A municipality may establish a domestic violence fatality review team in a municipality. When the investigation of fatal incidents of domestic violence and incidents…
AS 18.66.900 Definitions. [Repealed, § 72 ch 64 SLA 1996.]
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[Repealed or reserved.]
AS 18.66.990 Definitions.
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In this chapter, (1) “council” means the Council on Domestic Violence and Sexual Assault; (2) “crisis intervention and prevention program” means a community program that provides information, education, counseling, and referral services to individuals experiencing personal crisis…