Title 18 — Health, Safety, Housing, Human Rights, and Public Defender

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…

(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 …

(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…

(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 …

(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 …

(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…

(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…

(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…

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…

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.

(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…

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 …

(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…

(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…

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…

(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…

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 …

(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…

[Repealed or reserved.]

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…

It is the purpose of this chapter to facilitate and permit the payment of compensation to innocent persons injured, to dependents of persons killed, and to certain other persons who by virtue of their relationship to the victim of a crime incur actual and reasonable expense as a …

(a) The Violent Crimes Compensation Board is composed of three members to be appointed by the governor. One of the members shall be designated as chair by the governor. At least one member must be a medical or osteopathic physician, a physician assistant, or an advanced nurse pra…

(a) A person who may be eligible for compensation under this chapter may make application to the board. In a case in which the person entitled to make application is a minor, the application may be made on the person's behalf by a parent or guardian. In a case in which the person…

(a) Upon application made under the provisions of this chapter, the board shall consider the application and rule on it. The board may, upon its own motion, order a hearing, specifying the time and place it is to be held; if a hearing is ordered, the board shall give notice to th…

The board may, as part of an order entered under this chapter, determine and allow reasonable attorney fees, which may not exceed 25 percent of the first $1,000 amount awarded as compensation, 15 percent of the next $9,000 amount awarded as compensation, and 7.5 percent of the am…

In the performance of its functions, the board is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this chapter, and relating to other matters the board considers appropriate.

For the purpose of determining the amount of compensation payable under this chapter, the board shall, insofar as practicable, formulate standards for uniform application of this chapter and take into consideration rates and amounts of compensation payable for injuries and death …

(a) In a case in which a person is injured or killed by an incident specified in AS 18.67.101(1), or by the act of any other person that is within the description of offenses listed in AS 18.67.101(2), the board may order the payment of compensation in accordance with the provisi…

(a) Up to the maximum set in AS 18.67.130(c), the board may award compensation for losses and expenses allowable under AS 18.67.110 for which the applicant is not compensated by the offender or a person on behalf of the offender, or by the United States, a state, or any of its su…

The board may order the payment of compensation in accordance with the provisions of this chapter for personal injury or death that resulted from (1) an attempt on the part of the applicant to prevent the commission of crime, or to apprehend a suspected criminal, or aiding or att…

(a) The board may order the payment of compensation under this chapter for (1) expenses actually and reasonably incurred as a result of the personal injury or death of the victim; (2) loss of earning power as a result of total or partial incapacity of the victim, and reasonable e…

If it appears to the board, prior to taking action on an application, that the claim is one for which compensation is probable, and undue hardship will result to the applicant if immediate payment is not made, the board may make an emergency award of compensation to the applicant…

(a) An order for the payment of compensation may not be made under AS 18.67.080 unless (1) the application has been made within two years after the date of the personal injury or death; (2) the personal injury or death was the result of an incident or offense listed in AS 18.67.1…

When an order for the payment of compensation for personal injury or death is made under this chapter, the board, upon payment of the amount of the order, is subrogated to the cause of action of the applicant against the person responsible for the injury or death and is entitled …

A person who knowingly makes a false claim under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $500, or by imprisonment for not more than one year, or by both, and shall forfeit any benefit received and shall repay the stat…

The rights to compensation created under this chapter are personal and do not survive the death of a victim or dependent entitled to them, except that if the death occurs after an application for compensation has been filed with the board, the proceeding does not abate, but may b…

There is created a crime victim compensation fund, which shall be administered by the board. The fund consists of money appropriated to it by the legislature, which may include donations, recoveries of or reimbursements for awards made from the fund, income from the fund, and oth…

[Repealed or reserved.]

The board shall prepare and transmit to the governor, in each odd-numbered year, a biennial report of its activities under this chapter including a brief description of the facts in each case and the amount of compensation awarded during the preceding two-year period. The board s…

(a) Every hospital licensed by this state shall display prominently in its emergency room, main entrance, and business office posters notifying the public of the existence and general provisions of this chapter. The board may set standards for the location of this display and sha…

In this chapter, (1) “board” means the Violent Crimes Compensation Board; (2) “dependent” means a relative of a deceased victim who was dependent upon the victim's income or services at the time of the victim's death; children of a victim born after a victim's death are included;…

(a) The Department of Public Safety and the Department of Law shall develop a uniform sexual assault examination kit. (b) Under protocols developed under AS 18.68.020, (1) the Department of Public Safety shall distribute the kits throughout the state; and (2) peace officers and h…

(a) The Department of Public Safety and the Department of Law in conjunction with the Department of Health shall develop a manual of protocols governing the distribution and use of the sexual assault examination kit developed under AS 18.68.010. The protocols must allow a victim …

The Department of Public Safety and the Department of Law shall develop and implement training in the use of the protocols and the sexual assault examination kits for peace officers, district attorneys, and appropriate law enforcement agencies, health care providers, and sexual a…

A law enforcement agency, health care facility, or other entity may not require a victim of sexual assault under AS 11.41.410 — 11.41.425 who is 16 years of age or older to pay, directly or indirectly, through health insurance or any other means, for the costs of examination of t…

The Department of Public Safety shall foster, promote, regulate, and develop ways and means of protecting life and property against fire, explosion, and panic.

The Department of Public Safety shall (1) aid in the enforcement of all laws and ordinances and the regulations adopted under AS 18.70.010 — 18.70.100 and all other laws relating to fires or to fire prevention and protection; (2) encourage the adoption of fire prevention measures…

If there is reason to believe that a fire has resulted from crime or that crime has been committed in connection with a fire, the Department of Public Safety shall report that fact in writing to the district attorney of the judicial district in which the fire occurred. If the fir…

The Department of Public Safety may assist, receive assistance from, and otherwise cooperate with an investigator or agent employed by a fire insurance company licensed to do business in the state, or with an investigator or agent employed by an association of insurance companies…

The Department of Public Safety may enter any building subject to regulation under AS 18.70.080 during reasonable hours for the sole purpose of inspecting the property or abating a fire hazard.