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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 30. Bail
- Section 40. Release After Conviction.
previous: Section 35
. Release Pending Appeal By State.
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. Release of Material Witnesses.
AS 12.30.040. Release After Conviction.
- (a) A person who has been convicted of an offense and is awaiting sentence, or who has filed an appeal, shall be treated
in accordance with the provisions of AS 12.30.020
unless the court has reason to believe that no one or more conditions of release will reasonably assure the appearance
of the person as required or prevent the person from posing a danger to the victim, other persons, or the community. If
that determination is made, the person may be remanded to custody. This section does not affect the right of a person
appealing from a judgment of conviction from a district court to the superior court to be released on bail pending
appeal under Rule 603(b) of the Rules of Appellate Procedure; however, the court shall consider the safety of the
victim, other persons, and the community before the person is released under the rule. Before granting bail to a person
convicted of an offense that is a crime under AS 11.41.420
, 11.41.425, 11.41.436, 11.41.438, or 11.41.450 - 11.41.458, the court shall consider requiring the person
to participate in an electronic monitoring program as a condition of release.
- (b) Notwithstanding the provisions of (a) of this section, a person may not be released on bail either before sentencing
or pending appeal if the person has been convicted of an offense that is
- (1) an unclassified felony or a class A felony; or
- (2) a class B or class C felony if the person has been previously convicted of an offense in this state that is an
unclassified felony, a class A felony, or a violation of AS 11.41.260
, 11.41.420 - 11.41.425, or 11.41.436 - 11.41.438 or of an offense in another jurisdiction with
elements substantially similar to an offense of this state described in this paragraph.
- (c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not be
released on bail until the trial court or an appellate court enters an order vacating all convictions against the
person. A person who has prevailed on an application for post-conviction relief may seek release before trial in
accordance with the provisions of AS 12.30.020
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