Alaska Statutes.
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 65. Police Protection
Section 530. Mandatory Arrest For Crimes Involving Domestic Violence, Violation of Protective Orders, and Violation of Conditions of Release.
previous: Section 520. Notification to Victims of Domestic Violence.
next: Section 540. Central Registry of Protective Orders.

AS 18.65.530. Mandatory Arrest For Crimes Involving Domestic Violence, Violation of Protective Orders, and Violation of Conditions of Release.

   (a) Except as provided in (b) or (c) of this section, a peace officer, with or without a warrant, shall arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer, within the previous 12 hours,
        (1) committed domestic violence, except an offense under AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor;
        (2) committed the crime of violating a protective order in violation of AS 11.56.740(a)(1) or (2);
        (3) violated a condition of release imposed under AS 12.30.016(e) or (f) or, 12.30.027.
   (b) If a peace officer receives complaints of domestic violence from more than one person arising from the same incident, the officer shall evaluate the conduct of each person to determine who was the principal physical aggressor. If the officer determines that one person was the principal physical aggressor, the other person or persons need not be arrested. In determining whether a person is a principal physical aggressor, the officer shall consider
        (1) prior complaints of domestic violence;
        (2) the relative severity of the injuries inflicted on each person;
        (3) the likelihood of future injury from domestic violence to each person; and
        (4) whether one of the persons acted in defense of self or others.
   (c) A peace officer is not required to make an arrest of a person under (a) of this section if the officer has received authorization from a prosecuting attorney in the jurisdiction in which the offense under investigation arose.
        (1) not to arrest the person; or
        (2) to deliver the person to a crisis stabilization center, a crisis residential center, or an evaluation facility as provided in AS 12.25.031(b).
   (d) When investigating a crime involving domestic violence, a peace officer may not threaten or suggest the possible arrest of all persons involved in the same incident in a manner that would have a tendency to discourage requests for intervention by law enforcement in incidents involving domestic violence.
   (e) In addition to the contents of any other report, a peace officer who does not make an arrest after investigating a complaint of domestic violence, or who arrests two or more persons based on the same incident, shall describe in writing the reasons for not making an arrest or for arresting more than one person.
   (f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
   (g) A peace officer who delivers a person to a crisis stabilization center, a crisis residential center, or evaluation facility under (c) of this section shall provide the peace officer's and the peace officer's employing agency's contact information to the crisis stabilization center, crisis residential center, or evaluation facility and, if the peace officer and the peace officer's employing agency are notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim of a crime committed under (a)(1) or (2) of this section of the planned release.

All content © 2024 by Touch N' Go/Bright Solutions, Inc.

Note to HTML Version:

This version of the Alaska Statutes is current through December, 2022. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful.