Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.70.110 Confinement in jail when necessary.
1.6K chars
(a) The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in a jail in a political subdivision, judicial district, or city of this state through…
AS 12.70.120 Arrest prior to requisition.
1.5K chars
When a person within this state is charged on the oath of a credible person before a judge or magistrate of this state with the commission of a crime in another state and, except in cases arising under AS 12.70.050, with having fled from justice, or with having been convicted of …
AS 12.70.130 Arrest without warrant.
0.7K chars
The arrest of a person may also be lawfully made by a peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but…
AS 12.70.140 Commitment to await requisition.
0.9K chars
If at the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under AS 12.70.050, that the person has fled from justice, the judge or magistrate shall commit the pers…
AS 12.70.150 Bail.
0.0K chars
[Repealed or reserved.]
AS 12.70.160 Extension of time of commitment.
0.5K chars
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, a judge or magistrate may discharge the accused or may recommit the accused for a further period of not more than 60 days, or a judge or magi…
AS 12.70.170 Forfeiture of bail.
0.5K chars
If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the bond or undertaking, the judge or magistrate, by proper order, shall declare the bond or undertaking forfeited, and order the immediate arrest of the prisoner if the prisoner …
AS 12.70.180 Persons under criminal prosecution in this state at time of requisition.
0.3K chars
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor has discretion to surrender that person on demand of the executive authority of another state or hold that person until tried and discharged, or convic…
AS 12.70.190 Inquiry into guilt or innocence of accused.
0.4K chars
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in this chapter, has been presented to the…
AS 12.70.200 Governor's warrant.
0.1K chars
The governor may recall the warrant of arrest or may issue another warrant whenever the governor deems proper.
AS 12.70.210 Fugitives from this state.
0.7K chars
When the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state from the executive authority of any other state, or from a judge of the District Court of the United States for …
AS 12.70.220 Application for issuance of requisition.
2.7K chars
(a) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney of the judicial district in which the offense is committed, or the attorney general, shall present to the governor a written application for a requisition for th…
AS 12.70.230 Immunity from service of process in certain civil actions.
0.4K chars
A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding for which the person is being or has been returned, until th…
AS 12.70.240 Written waiver of extradition proceedings.
1.5K chars
(a) A person arrested in this state charged with having committed a crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole may waive the issuance and service of the warrant provided for in AS 12.70.060 and 12.70.070 a…
AS 12.70.250 Nonwaiver by this state.
0.6K chars
Nothing in this chapter is considered to constitute a waiver by this state of its right, power, or privilege to try the demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of that person by extradition proceedings or other…
AS 12.70.260 No immunity from other criminal prosecutions while in this state.
0.3K chars
After a person has been brought back to this state through extradition proceedings, or after waiver of extradition proceedings by that person, that person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specif…
AS 12.70.270 Interpretation.
0.2K chars
The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states that enact it.
AS 12.70.280 Definitions.
0.7K chars
In this chapter, (1) “executive authority” includes the governor and a person performing the functions of governor in a state other than this state; (2) “governor” includes (A) a person performing the functions of governor by authority of the law of this state; and (B) the lieute…
AS 12.70.290 Short title.
0.1K chars
This chapter may be cited as the Uniform Criminal Extradition Act.
AS 12.72.010 Scope of post-conviction relief.
2.4K chars
A person who has been convicted of, or sentenced for, a crime may institute a proceeding for post-conviction relief if the person claims (1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state; (2…
AS 12.72.020 Limitations on applications for post-conviction relief.
3.5K chars
(a) A claim may not be brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure if (1) the claim is based on the admission or exclusion of evidence at trial or on the ground that the sentence is excessive; (2) the claim was, or could have been but was not, raised in a…
AS 12.72.025 Applications based on claim of ineffective assistance of counsel.
0.4K chars
An application may not be brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure if it is based on a claim that the assistance the applicant's attorney provided in a prior application under AS 12.72.010 or the Alaska Rules of Criminal Procedure was ineffective, unle…
AS 12.72.030 Filing of application for post-conviction relief.
0.5K chars
(a) An application for post-conviction relief shall be filed with the clerk at the court location where the underlying criminal case is filed. (b) A person who files an application for post-conviction relief under this chapter or the Alaska Rules of Criminal Procedure may not pur…
AS 12.72.040 Burden of proof in post-conviction relief proceedings.
0.1K chars
A person applying for post-conviction relief must prove all factual assertions by clear and convincing evidence.
AS 12.73.010 Application for post-conviction DNA testing.
2.1K chars
(a) A person convicted of a felony against a person under AS 11.41 who has not been unconditionally discharged may apply to the superior court for an order for DNA testing of evidence. The application must be filed in the court that entered the judgment of conviction, and a copy …
AS 12.73.020 Findings required for post-conviction DNA testing orders.
2.1K chars
The court shall order post-conviction DNA testing of specific evidence if (1) the applicant was convicted of a felony under AS 11.41; (2) the applicant and, if represented, the applicant's attorney, have submitted the affidavits required by AS 12.73.010(b); (3) the applicant did …
AS 12.73.030 Summary dismissal and response.
0.5K chars
(a) If an application under AS 12.73.010(a) does not set out the specific facts necessary for the court to make the findings required under AS 12.73.020 or does not comply with AS 12.73.010(b), the court shall deny the application without further proceedings. (b) If an applicatio…
AS 12.73.040 Timeliness.
0.5K chars
In determining whether an application is timely under AS 12.73.020(11), there is a presumption of (1) timeliness if the application is filed before three years after the date of conviction; this presumption may be rebutted if the court finds that the application is based solely u…
AS 12.73.050 Testing procedures.
2.2K chars
(a) If the court grants the application and DNA samples for comparison purposes are required, samples taken from the applicant or a prisoner must be collected at a law enforcement or correctional facility. If the DNA sample is being collected from a person other than the applican…
AS 12.73.060 Post-conviction testing by stipulation.
0.3K chars
The provisions of this chapter do not prohibit an applicant and the prosecuting authority from agreeing to conduct post-conviction DNA testing without the person's filing an application under this chapter. The parties may also stipulate to the payment of costs for the DNA testing…
AS 12.73.090 Definitions.
0.5K chars
In this chapter, unless the context requires otherwise, (1) “DNA” means deoxyribonucleic acid; (2) “innocence” means that the applicant was not a perpetrator of or an accomplice to the offense or lesser included offense for which the applicant was convicted; (3) “prisoner” has th…
AS 12.75.010 Persons entitled to prosecute writ.
0.4K chars
A person imprisoned or otherwise restrained of liberty under any pretense whatsoever, except in the cases specified in AS 12.75.020, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint, and, if illegal, to be released from custody or t…
AS 12.75.020 Persons not entitled to prosecute writ.
0.3K chars
A person properly imprisoned or restrained by virtue of the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution regularly and lawfully issued upon that judgment or decree shall not be allowed to prosecute the writ.
AS 12.75.030 Offense not bailable.
0.2K chars
When it appears that the cause or offense for which the person prosecuting the writ is imprisoned or restrained is not bailable, the production of the party may be dispensed with and the writ issued accordingly.
AS 12.75.040 Production of body.
0.2K chars
The person on whom a writ is served shall bring the body of the person in custody or under restraint, according to the command of the writ, except in the cases provided in AS 12.75.050.
AS 12.75.050 Hearing without production of person.
0.4K chars
When, from the sickness or infirmity of the person directed to be produced, that person cannot without danger be brought before the court, the person in whose custody or power that person is may state that fact in the return to the writ. If the court is satisfied of the truth of …
AS 12.75.060 Proceedings on disobedience of writ.
0.6K chars
If the person upon whom the writ is served refuses or neglects to obey it within the time required, and no sufficient excuse is shown, it is the duty of the court before whom the writ is returnable, upon due proof of service, to immediately issue a warrant against that person, di…
AS 12.75.070 Precept to peace officer.
0.5K chars
A court that issues a writ without requiring the production of the person or that issues a warrant may also, at any time before final decision, issue a precept to the peace officer to whom the writ or warrant is directed commanding the officer to immediately bring the person for …
AS 12.75.080 Discharge of party.
0.2K chars
If no legal cause is shown for the imprisonment or restraint, or for its continuation, the court shall discharge the party from the custody or restraint under which the party is held or grant any other appropriate remedy.
AS 12.75.090 Remand of party legally detained.
0.1K chars
The court shall remand the party if it appears that the party is legally detained in custody.
AS 12.75.100 Remedy of person in custody by virtue of civil process.
1.1K chars
If it appears on the return of the writ that the prisoner is in custody by virtue of an order or civil process of a court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, the prisoner shall be discharged or …
AS 12.75.110 Limitation on scope of court's inquiry.
0.3K chars
No court or judge, on the return of a writ of habeas corpus, may inquire into the legality or justice of any order, judgment, or process specified in AS 12.75.020 or into the justice, propriety, or legality of a commitment for a contempt made by a court, officer, or body, accordi…
AS 12.75.120 Proceedings where commitment irregular.
0.3K chars
If it appears by the testimony offered with the return, or upon the hearing that the party is probably guilty of a criminal offense, the court, although the commitment is irregular, shall immediately remand the party to the custody of the proper person.
AS 12.75.130 Custody of party pending judgment.
0.2K chars
Until judgment is given upon the return, the party may either be committed to the custody of a peace officer or placed in the officer's care or under such custody as the party's age or circumstances require.
AS 12.75.140 Admission to bail.
0.9K chars
A person prosecuting a writ of habeas corpus may, at any time after the writ is allowed, be admitted to bail by the court allowing the writ, or by another judge or magistrate designated by that court or judge, pending the hearing upon the writ and the final order of the court and…
AS 12.75.150 Effect of admitting to bail.
0.3K chars
The admitting to bail of a person prosecuting a writ of habeas corpus does not in any manner affect the writ or other proceedings or the full right of that person to have the cause and legality of the person's imprisonment inquired into and determined both in the trial court and …
AS 12.75.160 Enforcing judgment of discharge.
0.3K chars
Obedience to a judgment for the discharge of a person imprisoned or restrained, pursuant to the provisions of this chapter, may be enforced by the court by proceedings for a contempt. A peace officer or other person is not liable to an action or proceeding for obeying the judgmen…
AS 12.75.170 Discharge as bar to subsequent restraint.
1.0K chars
No person who has been discharged by the order of a court upon habeas corpus shall again be imprisoned, restrained, or kept in custody for the same cause except in the following cases: (1) if the party has been discharged from a commitment on a criminal charge and is afterwards c…
AS 12.75.180 Grounds for warrant in lieu of writ.
0.6K chars
When it appears to a court authorized to issue the writ of habeas corpus that a person is illegally imprisoned or restrained, and that there is good reason to believe that the person will be carried out of the state or suffer some irreparable injury before the person can be relie…
AS 12.75.190 Warrant may include command for arrest of defendant.
0.3K chars
When the proof mentioned in AS 12.75.180 is also sufficient to justify the arrest of the person having the party in custody, as for a criminal offense, committed in the taking or detaining of the party, the warrant may also contain an order for the arrest of the person for that o…