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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 30. Bail
- Section 40. Release Before Sentence; Release After Conviction.
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Section 35. Release Pending Appeal By State.
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Section 50. Release of Material Witnesses.
AS 12.30.040. Release Before Sentence; Release After Conviction.
- (a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence
or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence,
that the person can be released under conditions that will reasonably assure the appearance of the person and the safety of the victim, other
persons, and the community.
- (b) A person may not be released under (a) of this section if the person has been convicted of an offense that is
- (1) an unclassified or class A felony; or
- (2) a sexual felony;
- (3) a felony in violation of AS 11.41, and the person has been found guilty but mentally ill.
- (c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not
be released under this section until the court enters an order vacating all convictions against the person. A person who has prevailed in an
application for post-conviction relief may seek release before trial in accordance with the provisions of this chapter.
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