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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 30. Bail
- Section 10. Bail Before or After Conviction; Restrictions on Release Without Bail.
previous: Chapter 30
next: Section 20
. Release Before Trial.
AS 12.30.010. Bail Before or After Conviction; Restrictions on Release Without Bail.
(a) The defendant in a criminal proceeding is entitled to be admitted to bail before conviction as a matter of right if the
alleged victim can be reasonably protected through the imposition of bail and conditions of release. The defendant in a criminal case
may be admitted to bail after conviction only as permitted under AS 12.30.040 . However, nothing in this chapter allows a court to order
a defendant who has not satisfied bail to be released temporarily or periodically, either before trial or after conviction, unless
(1) the defendant is charged with a misdemeanor or class B or C felony;
(2) the temporary release is because of the
(A) death of an immediate family member of the defendant;
(B) birth of the defendant's child and the defendant has executed an affidavit of paternity before the release;
(C) defendant's need for a mental health or substance abuse assessment that the court finds cannot be
accommodated in the facility or telephonically; or
(D) defendant's need for a medical or dental exam required for acceptance into a residential treatment facility;
(3) the court solicits information from the Department of Corrections regarding the defendant's conduct while incarcerated and
considers that information when making a decision under this subsection.
(b) If a court orders the temporary release of a defendant under (a) of this section, the court shall order the
defendant to appear in court during normal business hours at the end of the period of temporary release and before the defendant is
returned to a correctional facility.
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