(a) A judicial officer may impose, in addition to those required or authorized under Alaska Stat. § 12.30.011, conditions of release for offenses described in this section, if necessary to reasonably assure the person‘s appearance or the safety of the victim, other persons, or the community.
Terms Used In Alaska Statutes 12.30.016
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Personal property: All property that is not real property.
personal property: includes money, goods, chattels, things in action, and evidences of debt. See Alaska Statutes 01.10.060
(b) In a prosecution charging a violation of Alaska Stat. § 04.11.010, 04.11.499, Alaska Stat. § 28.35.030, or 28.35.032, a judicial officer may order the person
(1) to refrain from
(A) consuming alcoholic beverages; or(B) possessing on the person, in the person’s residence, or in any vehicle or other property over which the person has control, alcoholic beverages;(2) to submit to a search without a warrant of the person, the person’s personal property, the person’s residence, or any vehicle or other property over which the person has control, for the presence of alcoholic beverages by a peace officer or pretrial services officer who has reasonable suspicion that the person is violating the conditions of the person’s release by possessing alcoholic beverages;(3) to submit to a breath test when requested by a law enforcement officer or pretrial services officer;(4) to provide a sample for a urinalysis or blood test when requested by a law enforcement officer or pretrial services officer;(5) to take a drug or combination of drugs intended to prevent substance abuse;(6) to follow any treatment plan imposed by the court under Alaska Stat. § 28.35.028;(7) to comply with a program established under Alaska Stat. § 47.38.020.(c) In a prosecution charging a violation of Alaska Stat. Chapter 11.71 or Alaska Stat. Chapter 11.73, a judicial officer may order the person
(1) to refrain from
(A) consuming a controlled substance; or(B) possessing on the person, in the person’s residence, or in any vehicle or other property over which the person has control, a controlled substance or drug paraphernalia;(2) to submit to a search without a warrant of the person, the person’s personal property, the person’s residence, or any vehicle or other property over which the person has control, for the presence of a controlled substance or drug paraphernalia by a peace officer or pretrial services officer who has reasonable suspicion that the person is violating the terms of the person’s release by possessing controlled substances or drug paraphernalia;(3) to enroll in a random drug testing program, at the person’s expense, with testing to occur not less than once a week, or to submit to random drug testing by the pretrial services office in the Department of Corrections to detect the presence of a controlled substance, with the results being submitted to the court and the prosecuting authority;(4) to refrain from entering or remaining in a place where a controlled substance is being used, manufactured, grown, or distributed;(5) to refrain from being physically present at, within a two-block area of, or within a designated area near, the location where the alleged offense occurred or at other designated places, unless the person actually resides within that area;(6) to refrain from the use or possession of an inhalant; or(7) to comply with a program established under Alaska Stat. § 47.38.020.(d)[Repealed, Sec. 179 ch 36 SLA 2016.](e) In a prosecution charging the crime of stalking that is not a crime involving domestic violence, a judicial officer may order the person to
(1) follow the provisions of any protective order to which the person is respondent;(2) refrain from contacting, in any manner, including by telephone or electronic communication, the victim;(3) engage in counseling; if available in the community, the judicial officer shall require that counseling ordered include counseling about alternatives to aggressive behavior;(4) participate in a monitoring program with a global positioning device or similar technological means that meets guidelines for a monitoring program adopted by the Department of Corrections in consultation with the Department of Public Safety.(f) In a prosecution charging a crime under Alaska Stat. § 11.41.410 – 11.41.458, a judicial officer
(1) may order the person to have no contact with the victim except as specifically allowed by the court;(2) may order the person to reside in a place where the person is not likely to come into contact with the victim of the offense;(3) may order the person to have no contact with any person under 18 years of age except in the normal course of business in a public place;(4) shall assure that the victim and the parent or guardian of a minor victim have been notified by a law enforcement agency or the prosecuting authority of a hearing where release is being considered, or that a reasonable effort at notification has been made; and(5) shall solicit comments from the victim or a parent or guardian of the minor victim who is present and wishes to comment, and consider those comments before making a decision concerning the release of the person.
