(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if

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Terms Used In Alaska Statutes 12.30.031

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) the person is being held in connection with a misdemeanor or class B or C felony;
(2) the release is requested because of the

(A) death of an immediate family member of the person;
(B) birth of the person’s child if the defendant executes an affidavit of paternity before the release;
(C) person’s need for a mental health or substance abuse assessment that the court finds cannot be accommodated in the facility or telephonically; or
(D) person’s need for a medical or dental examination required for acceptance into a residential treatment facility; and
(3) the court solicits information from the Department of Corrections regarding the defendant’s conduct while incarcerated and considers that information when making a decision under this subsection.
(b) If a court orders temporary release of a person under (a) of this section, the court shall order the person to appear in court during normal business hours at the end of the period of temporary release and before the person is returned to a correctional facility.
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