Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.61.140 Disclosure of victim's name.
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(a) The portion of the records of a court or law enforcement agency that contains the name of the victim of an offense under AS 11.41.300(a)(1)(C) or 11.41.410 — 11.41.460 (1) shall be withheld from public inspection, except with the consent of the court in which the case is or w…
AS 12.61.150 Public and media access.
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Article 3. General Provisions. AS 12.61.100 — 12.61.150 may not be construed to require the court to exclude the public from any stage of the criminal proceeding or to interfere with the right of news media to report information lawfully obtained.
AS 12.61.900 Definitions.
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In this chapter, (1) “crime involving domestic violence” has the meaning given in AS 18.66.990; (2) “person acting on behalf of a defendant” includes the defendant's attorney, an agent of the defendant or the defendant's attorney, or a person specified by the court under AS 12.61…
AS 12.62.005 Intent.
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It is the intent of the legislature that the department administer the provisions of this chapter in a manner that protects victims of crime, allows the proper administration of justice, and avoids vigilantism.
AS 12.62.010 Secs. 12.62.010 — 12.62.015. Regulations; collection and security of information. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.110 — 12.62.150.]
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[Repealed or reserved.]
AS 12.62.017 Annual report to commission. [Repealed, § 35 ch 126 SLA 1994.]
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[Repealed or reserved.]
AS 12.62.020 Secs. 12.62.020 — 12.62.035. Collection, storage, access, and use. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.160.]
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[Repealed or reserved.]
AS 12.62.040 Secs. 12.62.040 — 12.62.070. Security, updating; interstate exchange of information; remedies; definitions. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.170 — 12.62.190.]
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[Repealed or reserved.]
AS 12.62.100 Criminal justice information advisory board; functions and duties.
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[Repealed or reserved.]
AS 12.62.105 Duties of the department regarding criminal justice information.
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The department shall advise criminal justice agencies on matters pertaining to the development and operation of the central repository described in AS 12.62.110(1) and other criminal justice information systems, including providing advice about regulations and procedures, and est…
AS 12.62.110 Duties of the commissioner regarding information systems.
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The commissioner shall (1) develop and operate a criminal justice information system to serve as the state's central repository of criminal history record information, and to collect, store, and release criminal justice information as provided in this chapter; (2) provide a unifo…
AS 12.62.120 Reporting of criminal justice information.
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(a) The commissioner, by regulation and after consultation with affected agencies, may designate which criminal justice agencies are responsible for reporting the events described in (b) of this section. An agency designated under this subsection shall report the events described…
AS 12.62.130 Reporting of uniform crime information.
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A criminal justice agency shall submit to the department, at the time, in the manner, and in the form specified by the department, data regarding crimes committed within that agency's jurisdiction. At a minimum, the department shall require a criminal justice agency to report eac…
AS 12.62.140 Reporting of information regarding wanted persons and stolen property.
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(a) A criminal justice agency shall report to the department, at the time, in the manner, and in the form specified by the department, data regarding (1) a person the agency is trying to locate, whether that person is wanted in connection with the commission of a crime, and the d…
AS 12.62.150 Completeness, accuracy, and security of criminal justice information.
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(a) A criminal justice agency shall (1) adopt reasonable procedures to ensure that criminal justice information that the agency maintains is accurate and complete; (2) notify a criminal justice agency known to have received information of a material nature that is inaccurate or i…
AS 12.62.160 Release and use of criminal justice information; fees.
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(a) Criminal justice information and the identity of recipients of criminal justice information are confidential and exempt from disclosure under AS 40.25. The existence or nonexistence of criminal justice information may not be released to or confirmed to any person except as pr…
AS 12.62.170 Correction of criminal justice information.
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(a) A criminal justice agency shall correct, modify, or add an explanatory notation to criminal history records that the agency is responsible for maintaining if the revision is necessary to achieve accuracy or completeness. (b) A person may submit a written request to the head o…
AS 12.62.180 Sealing of criminal justice information.
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(a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining. (b) A person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking …
AS 12.62.190 Purging of criminal justice information.
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(a) A criminal justice agency may purge only the criminal justice information that the agency is responsible for maintaining. An agency may determine when and what information will be purged, under (b) of this section. (b) Criminal justice information may be purged if the agency …
AS 12.62.200 Civil action and defense.
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Article 2. National Criminal History Record Check. (a) Failure to comply with a requirement of this chapter or a regulation adopted under this chapter is not a basis for civil liability, but may be the basis for employee discipline or administrative action to restrict a person's …
AS 12.62.400 National criminal history record checks for employment, licensing, and other noncriminal justice purposes.
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(a) To obtain a national criminal history record check for determining a person's qualifications for a license, permit, registration, employment, or position, a person shall submit the person's fingerprints to the department with the fee established by AS 12.62.160. The departmen…
AS 12.62.900 Definitions.
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In this chapter, (1) “agency” means a criminal justice agency; (2) “automatic data processing” has the meaning given in AS 44.21.170; (3) “commissioner” means the commissioner of public safety; (4) “complete” means that a criminal history record contains information about the dis…
AS 12.63.010 Registration of sex offenders and related requirements.
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(a) A sex offender or child kidnapper who is physically present in the state shall register as provided in this section. The sex offender or child kidnapper shall register (1) within the 30-day period before release from an in-state correctional facility; (2) by the next working …
AS 12.63.020 Duration of sex offender or child kidnapper duty to register.
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(a) The duty of a sex offender or child kidnapper to comply with the requirements of AS 12.63.010 is as follows: (1) for a sex offender or child kidnapper, as that term is defined in AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty (A) continues for the life…
AS 12.63.030 Notification of other jurisdictions.
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(a) If a sex offender or child kidnapper notifies the department that the sex offender or child kidnapper is moving from the state, the department shall notify the Federal Bureau of Investigation and the state where the sex offender or child kidnapper is moving of the sex offende…
AS 12.63.100 Definitions.
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In this chapter, (1) “aggravated sex offense” means (A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction; in this subpar…
AS 12.64.010 Compact enacted.
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The National Crime Prevention and Privacy Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining in it in a form substantially as follows: The contracting parties agree to the following: OVE…
AS 12.65.005 Duty to notify state medical examiner.
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(a) Unless the person has reasonable grounds to believe that notice has already been given, a person who attends a death or has knowledge of a death, in addition to notifying a peace officer, shall immediately notify the state medical examiner when the death appears to have (1) b…
AS 12.65.007 No duty for peace officer to respond to the scene of an expected home death.
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(a) A peace officer is not required by state law to respond to the scene of an expected home death if (1) the death was expected to occur due to the dead person's state of health before death; (2) the death occurred at the dead person's home as expected due to the dead person's s…
AS 12.65.010 Appointment of medical examiner. [Repealed, § 18 ch 103 SLA 1996.]
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[Repealed or reserved.]
AS 12.65.015 State medical examiner and deputies.
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(a) The commissioner of health shall appoint a state medical examiner to perform the duties set out in AS 12.65.015 — 12.65.025. The commissioner shall also appoint a deputy medical examiner, and may appoint assistant medical examiners, to perform or assist the state medical exam…
AS 12.65.020 Medical death investigations.
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(a) When a death is reported to the state medical examiner under AS 12.65.005, the state medical examiner or the deputy medical examiner shall perform a medical death investigation. When a person dies under circumstances that, in the opinion of the state medical examiner, warrant…
AS 12.65.025 Post mortem examinations.
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(a) The state medical examiner shall designate the facilities at which post mortem examinations and autopsies ordered under this chapter may be performed consistent with this section. The Department of Health shall pay the costs of (1) post mortem examinations and autopsies order…
AS 12.65.030 Secs. 12.65.030 — 12.65.090. Coroners duties and powers. [Repealed, § 18 ch 103 SLA 1996. For current law, see AS 09.55.062 — 09.55.069.]
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[Repealed or reserved.]
AS 12.65.100 Unclaimed bodies.
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When a person dies and no person appears to claim the body for burial, and no provision is made for the body under AS 13.52, the Department of Health, upon notification, shall request a court order authorizing the body to be plainly and decently buried or cremated and the remains…
AS 12.65.105 Release of property to temporary custodian.
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A person having possession of tangible personal property of a decedent may release the property to a temporary custodian willing to take custody of and preserve the property pending the appointment of a personal representative or other transfer under AS 13.16. Upon execution of a…
AS 12.65.110 Inventory and disposition of property.
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Article 2. Child Fatality Review Teams. If a body is unclaimed as described in AS 12.65.100 and money or other property belonging to the deceased is found, the public administrator shall inventory it and take it into possession for disposition under AS 13.16.
AS 12.65.120 State child fatality review team.
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(a) The state child fatality review team is established in the Department of Health to assist the state medical examiner. The team is composed of (1) the following persons, or that person's designee: (A) the state medical examiner; (B) a state prosecutor with experience in homici…
AS 12.65.130 State child fatality review team duties.
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(a) The state child fatality review team shall (1) assist the state medical examiner in determining the cause and manner of the deaths in this state of children under 18 years of age; (2) unless the child's death is currently being investigated by a law enforcement agency, review…
AS 12.65.140 Records; information; meetings; confidentiality; immunity.
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(a) The state child fatality review team and its members shall have access to all information and records to which the state medical examiner has access under this chapter. The state child fatality review team and its members shall maintain the confidentiality of information and …
AS 12.70.010 Fugitives from other states and duty of governor.
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Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority…
AS 12.70.020 Form of demand.
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(a) No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following: (1) an allegation that the accused was present in the demanding state at …
AS 12.70.030 Investigation of demand and report.
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When a demand is made upon the governor of this state by the executive authority of another state for a surrender of a person charged with crime, the governor shall investigate the demand.
AS 12.70.040 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
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(a) When it is desired to have returned to this state a person charged in this state with a crime, and that person is imprisoned or is held under criminal proceedings then pending against that person in another state, the governor of this state may agree with the executive author…
AS 12.70.050 Extradition of person not present in demanding state at time of commission of crime.
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The governor of this state may also surrender, on demand of the executive authority of another state, a person in this state charged in the other state in the manner provided in AS 12.70.020 with committing an act in this state, or a third state, intentionally resulting in a crim…
AS 12.70.060 Issue of governor's warrant of arrest.
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If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a peace officer or other person whom the governor may think fit to entrust with the execution of the warrant…
AS 12.70.070 Manner and place of execution of the warrant of arrest.
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The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to del…
AS 12.70.080 Authority of arresting officer to command assistance.
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Every officer or other person empowered to make the arrest has the same authority in arresting the accused to command assistance therein as peace officers have by law in the execution of a criminal process directed to them, with like penalties against those who refuse their assis…
AS 12.70.090 Rights of accused person and application for writ of habeas corpus.
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A person arrested on a warrant may not be delivered over to the agent who the executive authority demanding the person has appointed to receive the person unless the person is first taken immediately before a judge or magistrate of this state, who shall inform the person of the d…
AS 12.70.100 Penalty for noncompliance with AS 12.70.090.
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An officer or other person who delivers to the agent for extradition of the demanding state a person in custody under the governor's warrant, in wilful disobedience to AS 12.70.090, is guilty of a misdemeanor and, on conviction, is punishable by a fine of not more than $1,000, or…