(a) In addition to other conditions imposed under Alaska Stat. § 12.30.011 or trial in certain cases” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”AK”>12.30.016, a judicial officer may appoint a third-party custodian if the officer finds that the appointment will, singly or in combination with other conditions, reasonably ensure the person‘s appearance and the safety of the victim, other persons, and the community.
Terms Used In Alaska Statutes 12.30.021
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A judicial officer may appoint an individual as a third-party custodian if the proposed custodian
(1) provides information to the judicial officer about the proposed custodian’s residence, occupation, ties to the community, and relationship with the person, and provides any other information requested by the judicial officer;(2) is physically able to perform the duties of custodian of the person;(3) personally, by telephone, or by other technology approved by the court, appears in court with the person and acknowledges to the judicial officer orally and in writing that the proposed custodian
(A) understands the duties of custodian and agrees to perform them; the proposed custodian must specifically agree to immediately report in accordance with the terms of the order if the person released has violated a condition of release; and(B) understands that failure to perform those duties may result in the custodian’s being held criminally liable under Alaska Stat. § 09.50.010 or Alaska Stat. § 11.56.758.(c) A judicial officer may not appoint a person as a third-party custodian if
(1) the proposed custodian is acting as a third-party custodian for another person;(2) the proposed custodian has been unconditionally discharged within the previous five years from a felony, a crime under Alaska Stat. Chapter 11.41, or a similar crime in this or another jurisdiction;(3) criminal charges are pending in this state or another jurisdiction against the proposed custodian;(4) the proposed custodian is on probation in this state or another jurisdiction for an offense;(5) the proposed custodian may be called as a witness in the prosecution of the person;(6) the proposed custodian resides out of state; however, a nonresident may serve as a custodian if the nonresident resides in the state while serving as custodian.
