(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.
Attorney's Note
Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| Class C felony | up to 5 years | up to $50,000 |
For details, see
Alaska Stat. § 12.55.125
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Terms Used In Alaska Statutes 12.30.006
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
- state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(d) If a person remains in custody after review of conditions by a judicial officer under (c) of this section, the person may request a subsequent review of conditions. Unless the prosecuting authority stipulates otherwise or the person has been incarcerated for a period equal to the maximum sentence for the most serious charge for which the person is being held, a judicial officer may not schedule a bail review hearing under this subsection unless
(1) the person provides to the court and the prosecuting authority a written statement that new information not considered at the previous review will be presented at the hearing; the statement must include a description of the information and the reason the information was not presented at a previous hearing; in this paragraph, “new information” includes the person’s inability to post the required bail if the person can show that the person made a good faith effort to post the required bail;
(2) the prosecuting authority and any surety, if applicable, have at least 48 hours’ written notice before the time set for the review requested under this subsection; the defendant shall notify the surety; and
(3) at least seven days have elapsed between the previous review and the time set for the requested review; however, a person may receive only one bail review hearing solely for inability to pay.
(e) A judicial officer may solicit comments by the victim or a parent or guardian of a minor victim who is present at the bail review hearing and wishes to comment. The judicial officer shall consider those comments and any response by the person before making a decision concerning the release of the person.
(f) The judicial officer shall issue written or oral findings that explain the reasons the officer imposed the particular conditions of release or modifications or additions to conditions previously imposed. The judicial officer shall inform the person that a law enforcement officer or a pretrial services officer under Alaska Stat. Chapter 33.07 may arrest the person without a warrant for violation of the court’s order establishing conditions of release.
(g) Information offered or introduced at a bail hearing to determine conditions of release need not conform to the rules governing the admissibility of evidence.
