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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 36. Disposition of Recovered or Seized Property
- Section 20. Return of Property.
previous: Section 10
. Property Disposition.
next: Section 30
. Disposal of Unclaimed Property Used as Evidence.
AS 12.36.020. Return of Property.
- (a) A law enforcement agency may
- (1) not return property in its custody to the owner or the agent of the owner if
- (A) the property is in custody in connection with a children's court proceeding, a criminal proceeding, or an official
investigation of a crime; or
- (B) the property in custody is subject to forfeiture under the laws of the
- (i) state; or
- (ii) United States, and the United States has commenced forfeiture proceedings against the property or has requested the
transfer of the property for the commencement of forfeiture proceedings; and
- (2) with the approval of the court, transfer the property to another state or federal law enforcement agency for
forfeiture proceedings by that agency; the court having jurisdiction shall grant the approval under this paragraph if
- (A) will be retained within the jurisdiction of the court by the agency to which the property is being transferred; or
- (B) is
- (i) not needed as evidence; or
- (ii) needed as evidence, and the property is fungible or the property's evidentiary value can otherwise be preserved
without retaining the property within the jurisdiction of the court.
- (b) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property where
photographs of the property are used as evidence in place of the property, the prosecuting attorney may release the
property to the owner upon presentation of satisfactory proof of ownership.
- (c) If wrongfully taken or damaged property is not photographed and authenticated under AS 12.45.086
and the property is used as evidence in a criminal proceeding or a children's court proceeding, the law enforcement
agency in possession of the property shall return it to the owner upon presentation of satisfactory proof of ownership
within 60 days after the final disposition of the case.
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