(a) Pretrial services officers shall, in advance of a first appearance before a judicial officer under Alaska Stat. Chapter 12.30, conduct a pretrial risk assessment on the defendant using an instrument approved by the commissioner for the purpose of making a recommendation to the court concerning an appropriate pretrial release decision and conditions of release. In conducting a pretrial risk assessment and making a recommendation to the court, the pretrial services officer shall follow the decision-making process established by regulation under this chapter. The pretrial risk assessment shall be completed and presented to the court in a pretrial release report that contains a risk assessment rating of low, moderate, or high and a recommendation regarding release and release conditions, including a recommendation concerning a defendant’s dependency on, abuse of, or addiction to alcohol or controlled substances, to the extent those factors are indicated by the offense or criminal history, before the defendant’s first appearance before a judicial officer.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $50,000
For details, see Alaska Stat. § 12.55.125
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Terms Used In Alaska Statutes 33.07.030

  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
  • 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
  • Pretrial services officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A pretrial services officer shall make a recommendation under (a) of this section for pretrial release to the court based on factors that include the results of a pretrial risk assessment, the offense charged, and the least restrictive condition or conditions that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community. If the offense or criminal history of a defendant identifies that a dependency on, abuse of, or addiction to alcohol or controlled substances is a factor in the defendant’s offense, the pretrial services officer shall include that identified fact in the report to the court and to the attorneys. The recommendation must take into account

(1) the defendant’s risk rating;
(2) the appropriateness for release on the defendant’s own recognizance or upon the execution of an unsecured appearance bond, unsecured performance bond, or both; and
(3) the appropriateness of nonmonetary release conditions permitted under Alaska Stat. § 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those conditions by a pretrial services officer for defendants who are recommended for release.
(c) A pretrial services officer shall recommend for release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, if a defendant is charged with

(1) a misdemeanor, unless that misdemeanor is

(A) a crime involving domestic violence, as defined in Alaska Stat. § 18.66.990;
(B) a crime against the person under Alaska Stat. Chapter 11.41;
(C) an offense under Alaska Stat. § 11.56.730 or 11.56.757;
(2) a class C felony, unless that felony is

(A) a crime involving domestic violence, as defined in Alaska Stat. § 18.66.990;
(B) a crime against the person under Alaska Stat. Chapter 11.41;
(C) an offense under Alaska Stat. § 11.56.730;
(3) an offense under Alaska Stat. § 28.35.030 or 28.35.032, if the defendant has been assessed as being low or moderate risk on the pretrial risk assessment.
(d) A pretrial services officer shall recommend release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, unless the pretrial services officer finds

(1) by substantial evidence that no nonmonetary conditions of release in combination with release on personal recognizance or upon execution of unsecured bond can reasonably ensure public safety and appearance in court; and
(2) the defendant has been charged with

(A) an offense under Alaska Stat. § 28.35.030 or 28.35.032, and the offender has been assessed as high risk under a pretrial risk assessment;
(B) an offense under Alaska Stat. § 11.56.730 or 11.56.757, and the offender has been assessed as low to moderate risk under a pretrial risk assessment; or
(C) any other offense, and the defendant has been assessed as being low risk under a pretrial risk assessment.
(e) A pretrial services officer may recommend release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, for a defendant not otherwise recommended for release under (c) or (d) of this section.
(f) A pretrial services officer may supervise a defendant released while awaiting trial, imposing the least restrictive level of supervision that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community, and prioritizing higher levels of supervision for a defendant accused of serious charges or assessed as moderate or high risk under a pretrial risk assessment. The commissioner may, in accordance with Alaska Stat. Chapter 36.30, procure and enter into agreements or contracts for the supervision of defendants on electronic monitoring during the pretrial period.
(g) A pretrial services officer may

(1) recommend pretrial diversion to the court and parties before adjudication in accordance with the guidelines established by the commissioner under Alaska Stat. § 33.07.020 (6);
(2) if the officer has probable cause to believe the defendant has committed an offense under Alaska Stat. § 11.56.730 or 11.56.757 or has violated the defendant’s release conditions, file a complaint with the court and

(A) arrest, with or without a warrant, a defendant who has been released while awaiting trial; or
(B) request the court to issue warrants related to any violation of the defendant’s release conditions;
(3) refer interested defendants for substance abuse screening, assessment, and treatment on a voluntary basis and assist any defendant whose offense or criminal history identified a dependency on, abuse of, or addiction to alcohol or controlled substances with accessing and obtaining appropriate treatment in the community to address those needs;
(4) recommend that a defendant charged with an offense involving the use of alcohol or controlled substances comply with a program established under Alaska Stat. § 47.38.020; and
(5) coordinate with community-based organizations and tribal courts and councils to develop and expand pretrial diversion options.
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