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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 30. Bail
- Section 23. Release Before Trial in Cases Involving Controlled Substances or Alcohol.
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. Release Before Trial.
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. Release Before Trial in Cases Involving Stalking.
AS 12.30.023. Release Before Trial in Cases Involving Controlled Substances or Alcohol.
(a) In determining the conditions of release under AS 12.30.020
in cases involving a violation of AS 04.11.010
, 04.11.499, AS 11.71, or AS 11.73, the court shall consider the conditions specified in AS 12.30.020 and the following conditions and impose one or
more conditions it considers reasonably necessary to protect the public safety and security, including ordering the
- (1) to obey all laws;
- (2) to submit to a search of the defendant's person, personal property, residence, vehicle, or any vehicle over which the
defendant has control, for the presence of alcoholic beverages or illegal drugs and drug paraphernalia by a peace
officer who has reasonable suspicion that the defendant is violating the terms of the defendant's bail release by
possessing alcoholic beverages or illegal drugs and drug paraphernalia;
- (3) in
- (A) controlled substances offenses, to enroll in a random drug testing program, at the defendant's expense, to detect the
presence of an illegal drug, with testing to occur not less than once a week, and with the results being submitted to
the court and the district attorney's office;
- (B) alcoholic beverage offenses, to submit to a breath test when requested by a law enforcement officer;
- (4) to not have on the defendant's person, in the defendant's residence, or in any vehicle over which the defendant has
control, any alcoholic beverages, controlled substances, or related paraphernalia;
- (5) to not use, manufacture, possess, handle, purchase, give, or administer any controlled substance or alcoholic
- (6) to not associate with persons involved in using, manufacturing, growing, or distributing controlled substances or
- (7) to not enter or remain in places where controlled substances or alcoholic beverages are being used, manufactured,
grown, or distributed;
- (8) to not be physically present, within a two-block area of, or within a designated area near, the location at which the
offense occurred or at other designated locations, unless the defendant actually resides within that area;
- (9) to not use or possess a paging device, cellular phone, or other portable communicative device on the defendant's
person, in any vehicle over which the defendant has control, or in the defendant's residence;
- (10) to be physically inside the defendant's residence, or in the residence of the defendant's third-party custodian,
between time periods set by the court, except as otherwise required by employment, education, counseling, or treatment
and as specifically authorized by the court;
- (11) to not
- (A) have a firearm in the defendant's possession or control, in any vehicle over which the defendant has control, or in
the defendant's residence;
- (B) possess a knife, other than an ordinary pocket knife, on the defendant's person;
- (12) to engage in any conduct or to refrain from any conduct that the court considers reasonably necessary to protect the
- (b) In addition to conditions the court may impose under (a) of this section and notwithstanding other
provisions in this chapter, if the defendant is charged with manufacturing methamphetamine under AS 11.71.020(a)(2), unless the
defendant proves to the satisfaction of the court that the defendant's only role in the offense was as an aider or abettor and that
the defendant did not stand to benefit financially from the manufacturing, the court shall require the posting of a minimum of $250,000
cash bond if the defendant has previously been convicted in this or another jurisdiction of manufacturing, delivering, or possessing
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