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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 25. Arrests and Citations
- Section 150. Rights of Prisoner After Arrest.
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Section 140. Property Taken From Defendant On Arrest.
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Section 160. Definition of “Arrest.”
AS 12.25.150. Rights of Prisoner After Arrest.
- (a) A person arrested shall be taken before a judge or magistrate without unnecessary delay, and in any event within
24 hours after arrest, absent compelling circumstances, including Sundays and holidays. The unavailability of a report prepared by the
pretrial services officer under AS 33.07 or a delay in the transmittal of that report to the parties or to the court may not be considered a
sufficient compelling circumstance to justify delaying a hearing beyond 24 hours. The hearing before the judge or magistrate may not take
place more than 48 hours after arrest. This requirement applies to municipal police officers to the same extent as it does to state troopers.
- (b) Immediately after an arrest, a prisoner shall have the right to telephone or otherwise communicate with the prisoner's
attorney and any relative or friend, and any attorney at law entitled to practice in the courts of Alaska shall, at the
request of the prisoner or any relative or friend of the prisoner, have the right to immediately visit the person
arrested. This subsection does not provide a prisoner with the right to initiate communication or attempt to initiate
communication under circumstances proscribed under AS 11.56.755.
- (c) It shall be unlawful for an officer having custody of a person so arrested to wilfully refuse or neglect to grant the
prisoner the rights provided by this section. A violation of this section is a misdemeanor, and, upon conviction, the
offender is punishable by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both.
- (d) In addition to the criminal liability in (c) of this section, an officer having a prisoner in custody who refuses to
allow an attorney to visit the prisoner when proper application is made therefor shall forfeit and pay to the party
aggrieved the sum of $500, recoverable in a court of competent jurisdiction.
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