(a) A judicial officer may impose, in addition to those required or authorized under AS 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.
(b) In a prosecution charging a violation of AS 04.11.010 , 04.11.499, AS 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 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;
(4) to provide a sample for a urinalysis or blood test when requested by a law enforcement 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 AS 28.35.028;
(7) to comply with a program established under AS 47.38.020 .
(c) In a prosecution charging a violation of AS 11.71 or AS 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 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, to detect the presence of a controlled substance, with testing to occur not less than once a week, and 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 AS 47.38.020 .
(d) In a prosecution charging misconduct involving a controlled substance under AS 11.71.020 (a)(2) for the manufacture of methamphetamine, or its salts, isomers, or salts of isomers, if the person has been previously convicted in this or another jurisdiction of a crime involving the manufacturing, delivering, or possessing of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall require the posting of a minimum of $250,000 cash bond before the person may be released. The judicial officer may reduce this requirement if the person proves to the satisfaction of the officer that the person's only role in the offense was as an aider or abettor and that the person did not stand to benefit financially from the manufacturing.
(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 AS 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.
Section: Previous 12.30.006 12.30.010 12.30.011 12.30.016 12.30.020 12.30.021 12.30.023 12.30.027 12.30.029 12.30.030 12.30.031 12.30.035 12.30.040 12.30.050 12.30.055 NextLast modified: November 15, 2016