reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.195. Disposition of scheduled offenses.

(a) If a person cited for an offense for which a scheduled amount of bail or a fine has been established does not contest the citation, the person may mail or personally deliver to the clerk of the court with appropriate jurisdiction if a bailable offense, or to the clerk of the municipality that issued the citation if a scheduled municipal fine, the amount of the bail or fine indicated on the citation for the offense together with a copy of the citation signed by the person indicating the person's waiver of court appearance, entry of plea of no contest, and forfeiture of bail or fine. The citation with the bail or fine shall be mailed or personally delivered on or before the 30th day after the date the citation was issued.
(b) When bail or a fine is forfeited under this section, a judgment of conviction shall be entered. The bail or fine paid is complete satisfaction for the offense.
(c) Disposition of an offense under (a) of this section may not occur unless the person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition to the scheduled bail or fine amount. The surcharge required to be paid under this subsection shall be deposited into the general fund and accounted for under AS 37.05.142.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.200. Form for citations.

(a) The chief administrative officer of each law enforcement agency or other agency authorized to issue citations in the state is responsible for the issuance of books containing appropriate citations, and shall maintain a record of each book and each citation contained in it and shall require and retain a receipt for every book issued to a peace officer or other person authorized to issue citations.
(b) A citation issued under AS 12.25.180 or other law authorizing the issuance of a citation must be in writing and indicate, if applicable,
(1) the amount of bail or fine and the surcharge applicable to the offense;
(2) the procedure a person must follow in responding to the citation;
(3) that, if the person fails to pay the bail or fine, the person must appear in court;
(4) that failure to pay the bail or fine or appear in court for an offense involving a moving motor vehicle may result in
(A) suspension of the person's driver's license, privilege to drive, or privilege to obtain a license; or
(B) attachment of the person's permanent fund dividend to pay the fine plus court and collection costs under AS 28.05.155; and
(5) that the person has a right to
(A) a trial;
(B) engage counsel;
(C) confront and question witnesses;
(D) testify;
(E) subpoena witnesses on the person's behalf.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.210. Disposition and records of citations.

(a) A peace officer or other person authorized by law to issue a citation, upon issuing a citation to an alleged violator under AS 12.25.180 or other law, on or before the 10th working day after issuance, shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. If the citation charges an offense under a municipal ordinance for which a scheduled fine has been established, the peace officer shall deposit the original or a copy of the citation with the clerk of the municipality that issued the citation, unless otherwise provided under rule adopted by the supreme court. Failure to file the citation within the prescribed time is not a basis for dismissal of the citation.
(b) Upon the deposit of the original or a copy of the citation with a court having jurisdiction over the alleged offense, the original or copy of the citation may be disposed of only by trial in the court or other official action by a magistrate or judge of the court.
(c) It is unlawful and official misconduct for a peace officer or other officer or public employee to dispose of a citation or copies of it or of the record of the issuance of the citation in a manner other than as required in this section.
(d) The chief administrative officer of each law enforcement or other agency shall require each officer or other person in the agency to retain a copy of every citation issued by the officer or other person to an alleged violator of a law or ordinance and all copies of every citation that has been spoiled or upon which any entry has been made and not issued to an alleged violator.
(e) The chief administrative officer of each law enforcement or other agency shall also maintain, in connection with every citation issued by an officer or other person in the agency, a record of the disposition of the charge by the court in which the original or copy of the citation was deposited.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.220. When copy of citation considered a lawful complaint.

If the form of citation provided under AS 12.25.200 includes information and is sworn to as required under the laws of this state in respect to a complaint charging commission of the offense alleged in the citation, then the citation when filed with a court having jurisdiction is considered to be a lawful complaint for the purpose of prosecution.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.230. Failure to obey citation; limitation on penalty.

(a) Except as provided in (b) of this section or otherwise specifically provided by law, a person who fails to appear in court to answer the citation, regardless of the disposition of the charge for which the citation was issued, is guilty of a class A misdemeanor.
(b) A person who fails to pay the bail or fine or appear in court in response to a citation for which a scheduled bail or fine is established, regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.
(c) If a person cited for an offense for which an amount of scheduled bail or fine has been established appears in court and is found guilty, the penalty imposed for the offense may not exceed the bail or fine established for the offense.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.021. Third-party custodians.

(a) In addition to other conditions imposed under AS 12.30.011 or 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.
(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 AS 09.50.010 or AS 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 AS 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.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.030. Appeal from conditions of release.

(a) If a person remains in custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken to the court having appellate jurisdiction over the court imposing the conditions. The appellate court shall affirm the order unless it finds that the lower court abused its discretion.
(b) If the appellate court finds that the lower court abused its discretion, the appellate court may modify the order, remand the matter for further proceedings, or remand the matter directing entry of the appropriate order, including release under AS 12.30.011(a). The appeal shall be determined promptly.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.031. Temporary release.

(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if
(1) the person is being held in connection with a misdemeanor or class B or C felony;
(2) the release is requested because of the
(A) death of an immediate family member of the person;
(B) birth of the person's child if the defendant executes an affidavit of paternity before the release;
(C) person's need for a mental health or substance abuse assessment that the court finds cannot be accommodated in the facility or telephonically; or
(D) person's need for a medical or dental examination required for acceptance into a residential treatment facility; and
(3) the court solicits information from the Department of Corrections regarding the defendant's conduct while incarcerated and considers that information when making a decision under this subsection.
(b) If a court orders temporary release of a person under (a) of this section, the court shall order the person to appear in court during normal business hours at the end of the period of temporary release and before the person is returned to a correctional facility.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.040. Release before sentence; release after conviction.

(a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence, that the person can be released under conditions that will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
(b) A person may not be released under (a) of this section if the person has been convicted of an offense that is
(1) an unclassified or class A felony;
(2) a sexual felony;
(3) a class B felony if the person has been convicted within the previous 10 years of a felony committed in this state or a similar offense committed in another jurisdiction; or
(4) a felony in violation of AS 11.41, and the person has been found guilty but mentally ill.
(c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not be released under this section until the court enters an order vacating all convictions against the person. A person who has prevailed in an application for post-conviction relief may seek release before trial in accordance with the provisions of this chapter.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.050. Release of material witnesses.

(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and consider the release or detention of the person under the provisions of AS 12.30.011.
(b) A material witness may not be detained because of inability to comply with any condition of release if the testimony of the witness can adequately be secured by deposition, unless further detention is necessary to prevent a failure of justice.
(c) Release of a material witness under (a) of this section may be delayed for a reasonable period of time for the deposition of the witness to be taken.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.055. Persons appearing on petition to revoke.

(a) A person who is in custody in connection with a petition to revoke probation for a felony crime against a person under AS 11.41 does not have a right to be released under this chapter. A judicial officer may, however, release the person under the provisions of this chapter, if it is established by a preponderance of the evidence that the proposed release conditions will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
(b) [Repealed, § 138 ch 4 FSSLA 2019.]
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.075. Forfeited cash and other securities.

(a) Cash or other security posted by a person under AS 12.30.011 that would otherwise be forfeited shall be held by the court in trust for the benefit of the victim if, within 30 days after an order of the court establishing a failure to appear or a violation of conditions of release, the prosecuting authority gives notice that restitution may be requested as part of the sentence if the person is convicted.
(b) If a restitution order is not entered, the court shall order the cash or other security being held in trust to be forfeited to the state.
(c) If a restitution order is entered, the court shall apply the cash or other security to the satisfaction of the order. If the cash or other security held in trust is applied to an order of restitution, the court shall issue a separate judgment against the defendant in favor of the state in the amount that would have otherwise been forfeited, and any cash or other security remaining after payment of the restitution shall be applied against that judgment. Any cash or other security remaining shall be forfeited to the state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 30. Bail › Sec. 12.30.080. Definitions.

In this chapter,
(1) “crime involving domestic violence” has the meaning given in AS 18.66.990;
(2) “judicial officer” means a person authorized to release a person pending trial, sentencing, or pending appeal;
(3) “knowingly” has the meaning given in AS 11.81.900;
(4) “offense” means any criminal offense;
(5) “peace officer” has the meaning given in AS 11.81.900;
(6) “sexual felony” has the meaning given in AS 12.55.185;
(7) “stalking” means a violation of AS 11.41.260 or 11.41.270.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.010. Issuance of search warrant; extraterritorial jurisdiction.

(a) A judicial officer may issue a search warrant upon a showing of probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the thing to be seized. The court may issue a search warrant for a place or property located either in the state or outside the state.
(b) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit submitted by facsimile machine, in accordance with AS 12.35.015.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.015. Issuance of search warrant upon testimony communicated by telephone or other means.

(a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine.
(b) A judicial officer shall place under oath each person whose oral testimony forms a basis of the application and each person applying for the search warrant. The judicial officer shall record the proceeding by using a voice recording device.
(c) If a facsimile search warrant cannot be transmitted to the applicant under (g) of this section, the applicant shall prepare a document to be known as a duplicate original warrant and shall read it verbatim to the judicial officer. The judicial officer shall enter, verbatim, on an original search warrant what is read to the judicial officer. The judicial officer may direct that the duplicate original search warrant be modified.
(d) Except as provided in (g) of this section, if a search warrant is issued under this section, the judicial officer shall orally authorize the applicant to sign the judicial officer's name on the duplicate original search warrant. The judicial officer shall immediately sign the original search warrant and enter on the face of the original search warrant the exact time when the search warrant was ordered to be issued.
(e) The person who executes a search warrant issued under this section shall enter the exact time of execution on the face of the facsimile search warrant issued under (g) of this section or the duplicate original search warrant.
(f) [Repealed, § 39 ch 75 SLA 2008.]
(g) A search warrant issued by a judicial officer may be transmitted by facsimile machine to the applicant. The facsimile search warrant shall serve as an original.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.020. Grounds for issuance.

A search warrant may be issued if the judicial officer reasonably believes any of the following:
(1) that the property was stolen or embezzled;
(2) that the property was used as a means of committing a crime;
(3) that the property is in the possession of a person who intends to use it as the means of committing a crime, or in possession of another to whom the person may have delivered it for the purpose of concealing it or preventing its being discovered;
(4) that the property constitutes evidence of a particular crime or tends to show that a certain person has committed a particular crime;
(5) that either reasonable legislative or administrative standards for conducting a routine or area inspection with regard to air pollution are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.025. Seizure of property.

(a) Property described in AS 12.35.020 may be taken on a warrant from
(1) a house or other place in which it is concealed or may be found;
(2) the possession of the person by whom it was stolen, embezzled, or used in the commission of a crime;
(3) a person who is in possession of the property;
(4) the possession of a person to whom the property has been delivered for the purpose of concealing it or preventing its being discovered, or from a house or other place occupied by that person or under that person's control.
(b) When property is seized under this chapter, the peace officer taking the property shall give to the person from whom or from whose premises the property was taken a copy of the warrant, a copy of the supporting affidavit, and a receipt for the property taken, or shall leave the copies and the receipt at the place from which the property was taken.
(c) The return of the warrant to the court shall be made promptly and shall be accompanied by a written inventory of the property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one other person as a witness.
(d) The inventory required by (c) of this section shall be signed by the peace officer under penalty of perjury under AS 09.63.020. The judge or magistrate shall, upon request, deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.040. Authority of officer executing warrant.

In the execution or service of a search warrant, the officer has the same power and authority in all respects to break open any door or window, to use the necessary and proper means to overcome forcible resistance made to the officer, or to call any other person to the officer's aid as the officer has in the execution or service of a warrant of arrest.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.070. Search of defendant in presence of judge or magistrate.

When a person charged with a crime is believed by the judge or magistrate before whom that person is brought to have on the person a dangerous weapon, or anything that may be used as evidence of the commission of the crime, the judge or magistrate may direct the accused to be searched in the presence of the judge or magistrate, and the weapon or other thing be retained subject to the order of the judge or magistrate or the order of the court in which the defendant may be tried.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 35. Search and Seizure › Sec. 12.35.120. Definition of search warrant.

A search warrant is an order in writing, signed by a judge or magistrate or signed at the direction of a judicial officer in accordance with AS 12.35.015, directed to a peace officer, commanding the peace officer to search for personal property and bring it before the judge or magistrate.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.020. Return of property.

(a) A law enforcement agency may
(1) not return property in its custody to the owner or the agent of the owner, except as provided in AS 12.36.200, if
(A) the property is in custody in connection with a children's court proceeding, a criminal proceeding, or an official investigation of a crime; or
(B) the property in custody is subject to forfeiture under the laws of the
(i) state; or
(ii) United States, and the United States has commenced forfeiture proceedings against the property or has requested the transfer of the property for the commencement of forfeiture proceedings; and
(2) with the approval of the court, transfer the property to another state or federal law enforcement agency for forfeiture proceedings by that agency; the court having jurisdiction shall grant the approval under this paragraph if the property
(A) will be retained within the jurisdiction of the court by the agency to which the property is being transferred; or
(B) is
(i) not needed as evidence; or
(ii) needed as evidence, and the property is fungible or the property's evidentiary value can otherwise be preserved without retaining the property within the jurisdiction of the court.
(b) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property where photographs of the property are used as evidence in place of the property, the prosecuting attorney may release the property to the owner upon presentation of satisfactory proof of ownership.
(c) If wrongfully taken or damaged property is not photographed and authenticated under AS 12.45.086 and the property is used as evidence in a criminal proceeding or a children's court proceeding, the law enforcement agency in possession of the property shall return it to the owner upon presentation of satisfactory proof of ownership within 60 days after the final disposition of the case.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.030. Disposal of unclaimed property used as evidence.

(a) Unless the property is a firearm, ammunition, or a firearm part subject to AS 18.65.340, if property that is used as evidence in a criminal proceeding or a children's court proceeding, including wrongfully taken or damaged property, is not claimed by the owner within one year after the final disposition of the case, the law enforcement agency having custody of the property shall dispose of it under (b) of this section.
(b) Property referenced in (a) of this section shall be disposed of by a
(1) municipal law enforcement agency in the following manner:
(A) for that part of the property that is subject to AS 34.45.110 - 34.45.780, in accordance with AS 34.45.110 - 34.45.780;
(B) for that part of the property that is not subject to AS 34.45.110 - 34.45.780, by selling the property in the same manner as a sale upon execution; after paying the expenses for the preservation and sale of the property, the law enforcement agency shall dispose of the proceeds of the sale in the same manner as money collected upon a judgment;
(2) state law enforcement agency in the following manner:
(A) if the property is a firearm or ammunition, in the manner provided in AS 18.65.340;
(B) if the property is other than a firearm or ammunition, and the property is
(i) subject to AS 34.45.110 - 34.45.780, in accordance with AS 34.45.110 - 34.45.780;
(ii) not subject to AS 34.45.110 - 34.45.780, by selling the property in the same manner as a sale upon execution; after paying the expenses for the preservation and sale of the property, the law enforcement agency shall dispose of the proceeds of the sale in the same manner as money collected upon a judgment.
(c) This section does not apply to property that comes into the custody of a law enforcement agency of a municipality if the municipality has adopted an ordinance providing for the custody and disposition of the property and if the ordinance requires that
(1) property held or collected as evidence in a children's court proceeding, a criminal proceeding, or an official investigation of a crime is to be held until at least 30 days after final disposition of the case to which the evidence pertains; and
(2) the municipality make reasonable attempts to identify and locate the owner of the property that is unclaimed.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.040. Disposal of property when owner unknown; exceptions.

(a) When the owner of property is unknown and the property comes into the possession of a law enforcement agency as suspected evidence of a crime but is not used in a criminal proceeding or a children's court proceeding, or when the property comes into the possession of a law enforcement agency by other means, the property shall be held for one year. If the property is not claimed within one year of the date it comes into the possession of a law enforcement agency, the property shall be disposed of as provided in AS 12.36.030(b).
(b) This section does not apply to property that comes into the custody of a law enforcement agency of a municipality that has adopted an ordinance providing for the custody and disposition of property that meets the requirements specified in AS 12.36.030(c).
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.045. When finder of property is considered the owner.

(a) When a private individual obtains property of another that is lost, mislaid, or delivered to the individual by mistake, the individual delivers that property to a law enforcement agency, and the true owner of the property remains unknown for a period of one year or does not claim the property within one year, the individual delivering the property shall be considered the owner of the property under this chapter if possession of the property by the individual is otherwise legal. If, after the one-year period, the private individual who delivered the property to the law enforcement agency cannot be found or does not want the property, the property shall be disposed of by the agency as if the owner is unknown.
(b) This section does not apply to property that comes into the custody of a law enforcement agency of a municipality that has adopted an ordinance providing for the custody and disposition of property that meets the requirements specified in AS 12.36.030(c).
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.050. Remission of forfeited property.

(a) A claimant seeking remission of the claimant's interest in a weapon ordered forfeited under AS 12.55.015(a)(9) shall prove to the court by a preponderance of evidence that the claimant
(1) has a valid interest in the weapon, acquired in good faith;
(2) did not knowingly participate in the commission of the crime in which the weapon was used; and
(3) did not know or have reasonable cause to believe that the weapon was used or would be used to commit a crime.
(b) Upon a showing that a claimant is entitled to relief under (a) of this section, the court may order that the weapon be released to the claimant.
(c) A claim may not be filed under this section more than 120 days after the entry of the last final judgment in the case in which the weapon was ordered forfeited.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.060. Disposal of forfeited deadly weapons.

(a) A deadly weapon, other than a firearm or ammunition, forfeited to the state under AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of by the commissioner of public safety under this section. Under this subsection, the commissioner of public safety
(1) may declare a weapon surplus and transfer it to the commissioner of administration;
(2) may, if the weapon is suitable for law enforcement purposes, training, or identification, retain the weapon for use by the Department of Public Safety or transfer the weapon to the municipal law enforcement agency making the arrest that led to the forfeiture;
(3) shall destroy a weapon that is unsafe or unlawful.
(b) The commissioner of public safety may adopt regulations necessary to carry out the provisions of this section.
(c) A firearm or ammunition forfeited to the state under AS 12.55.015(a)(9), unless remitted under AS 12.36.050, shall be disposed of as provided in AS 18.65.340.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.070. Return of property by hearing.

(a) A crime victim who is the owner of property not belonging to a law enforcement agency that is in the custody of the agency under this chapter may request that the office of victims' rights request that the agency return the property to the crime victim. The request under this subsection shall be filed by the office of victims' rights on behalf of the crime victim after the office has conducted an investigation and has concluded that the crime victim is entitled to the return of the property under the factors listed in (c) of this section.
(b) Within 10 days after receipt of a request under (a) of this section and following reasonable notice to the prosecution, defense, and other interested parties, the agency shall request a hearing before the court to determine if the property shall be released to the crime victim. If the property is being held in connection with a criminal case, the hearing shall be before the court with jurisdiction of the criminal case. If no criminal case is pending regarding the property, the hearing shall be before a district or superior court where the property is located.
(c) At the hearing, a party that objects to the return of the property shall state the reason on the record. After a hearing, the court may order the return of the property in the custody of a law enforcement agency to the crime victim if
(1) the crime victim by a preponderance of the evidence provides satisfactory proof of ownership; and
(2) the party that objects to the return of the property fails to prove by a preponderance of the evidence that the property must be retained by the agency for evidentiary purposes under the provisions of this chapter or another law.
(d) If the court orders the return of the property to the crime victim, the court may impose reasonable conditions on the return. Those conditions may include an order that the crime victim retain and store the property so that the property is available for future court hearings, requiring photographs of the property to be taken, or any other condition the court considers necessary to maintain the evidentiary integrity of the property.
(e) In this section, “crime victim” has the meaning given to “victim” in AS 12.55.185.
(f) If the agency fails to act on a request under (a) of this section within the deadline set in (b) of this section, the victims' advocate may request a hearing under (b) of this section. If the victims' advocate requests a hearing under this subsection, the role of the victims' advocate in the hearing is limited to advocating for the return of the victim's property. The victims' advocate may not participate in the case as a party or an intervenor unless the court orders otherwise.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 36. Disposition of Recovered or Seized Property; Preservation of Evidence › Article 1. Property Disposition. › Sec. 12.36.090. Definitions.

In AS 12.36.010 - 12.36.090,
(1) “final disposition of a case” means the time when all appeals have been exhausted or the time when all appeals that could have been taken has expired;
(2) “law enforcement agency” means a public agency that performs as one of its principal functions an activity relating to crime prevention, control, or reduction or relating to the enforcement of the criminal law; “law enforcement agency” does not include a court.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.010. Authorization to intercept communications.

The attorney general, or a person designated in writing or by law to act for the attorney general, may authorize, in writing, an ex parte application to a court of competent jurisdiction for an order authorizing the interception of a private communication if the interception may provide evidence of, or may assist in the apprehension of persons who have committed, are committing, or are planning to commit, the following offenses:
(1) murder in the first or second degree under AS 11.41.100 - 11.41.110;
(2) kidnapping under AS 11.41.300;
(3) a class A or unclassified felony drug offense under AS 11.71;
(4) sex trafficking in the first or second degree under AS 11.66.110 and 11.66.120; or
(5) human trafficking in the first degree under AS 11.41.360.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.030. Requirements for an order authorizing a communications interception.

(a) Upon consideration of an application, the court may enter an ex parte order authorizing the interception of a private communication if the court determines, on the basis of the application, that
(1) there is probable cause to believe that the person whose communication is to be intercepted is committing, has committed, or is planning to commit an offense listed in AS 12.37.010;
(2) there is probable cause to believe that a communication concerning the offense may be obtained through the interception;
(3) there is probable cause to believe that the facility from which, or the place where, the communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person whose communication is to be intercepted;
(4) normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be either unlikely to succeed if tried or too dangerous to employ; and
(5) if the application, other than an application for an extension, is for an order to intercept a communication of a person, or involving a communications facility, that was the subject of a previous application, the current application is based upon new evidence or information different from and in addition to the evidence or information offered to support the previous application.
(b) In addition to exercising authority under (a) of this section, on consideration of an application relating to a private communication of a minor, the court may enter an ex parte order authorizing the interception of the private communication. The court may enter the order only if the court determines, after making appropriate findings of fact and on the basis of the application, that there is probable cause to believe that
(1) a party to the private communication
(A) has committed, is committing, or is about to commit a felony or misdemeanor;
(B) has been, is, or is about to be a victim of a felony or misdemeanor; or
(C) has been, is, or is about to be a witness to a felony or misdemeanor;
(2) the health or safety of a minor is in danger; or
(3) a parent of a minor has consented in good faith to the interception of a communication of the minor based on the parent's objectively reasonable belief that it is necessary for the welfare of the minor and is in the best interest of the minor.
(c) In (b) of this section, “minor” and “parent” have the meanings given in AS 42.20.390.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.050. Privileged communications.

An otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of AS 12.37.010 - 12.37.130 does not lose its privileged character by reason of the interception.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.060. Collateral authority of court; interpretation of AS 12.37.010 - 12.37.130.

(a) Notwithstanding any other provision of AS 12.37.010 - 12.37.130, a court to which an application is made for an order authorizing the interception of a private communication may take the evidence, make the findings, or issue the other orders necessary to conform the proceedings or the entry of an order to the United States Constitution, the Constitution of the State of Alaska, or any applicable law of the United States or of the state.
(b) When the language of AS 12.37.010 - 12.37.130 is the same or similar to the language of 18 U.S.C. 2510 - 2521, the courts of this state in construing AS 12.37.010 - 12.37.130 shall follow the construction given to those federal statutes by the federal courts.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.070. Records and recordings and custody of them.

(a) A communication intercepted under AS 12.37.010 - 12.37.130 shall, if practicable, be recorded by tape or wire or other comparable method. The recording shall, if practicable, be done in a way that will protect it from editing or other alteration. During an interception, the peace officer authorized to act under the court's order shall, if practicable, keep a signed, written record of the interception, that shall include the following information:
(1) the date and hours during which the interception equipment or site was monitored;
(2) the time and duration of each intercepted communication;
(3) the parties to each intercepted communication, if known; and
(4) a summary of the contents of each intercepted communication.
(b) Immediately upon expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in that order, any tapes or other recordings, and any records made during the interception, and all orders authorizing the interception, shall be transferred to the court that entered the order and shall be sealed under its direction. Custody of the tapes, other recordings, and records of the interception shall be maintained as the court directs. The tapes, recordings, and records of the interception may not be destroyed except upon order of the court, and in any event shall be kept for a minimum period of 10 years. Duplicate recordings and records of the interception may be made for disclosure or use under AS 12.37.090(d) and 12.37.110. The presence of the seal required by this subsection, or a satisfactory explanation for its absence, is a prerequisite for the use or disclosure of the contents of any communication intercepted under AS 12.37.010 - 12.37.130.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.080. Custody of applications and orders; penalty for disclosure.

(a) Except for a copy that may be retained for use by the applicant, all applications made and orders entered under AS 12.37.010 - 12.37.130 for the interception of private communications shall be sealed by the court and maintained as the court directs. The applications and orders may not be destroyed except upon order of the court and in any event shall be kept for a minimum period of 10 years.
(b) In addition to any other remedies or penalties provided by law, the disclosure of applications and orders in violation of AS 12.37.010 - 12.37.130 is punishable under AS 09.50.020 as contempt of court.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.090. Notice of interception and disclosure.

(a) Within a reasonable period of time, but no later than 90 days following the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in that order, the court entering the order shall cause a notice of interception to be served on
(1) a person who is named in the order; or
(2) a party to the intercepted communications if the court determines in its discretion that the party should be informed in the interest of justice.
(b) The notice of interception must include a statement of
(1) the fact of the entry of the order under AS 12.37.030;
(2) the date of the entry of the order;
(3) the period of time for which the interception was authorized; and
(4) whether and how many private communications were intercepted.
(c) On an ex parte showing of good cause, the court may postpone service of the notice of interception.
(d) Upon the filing of a motion, the court may make available for inspection to a person or the person's attorney, as the court determines to be in the interest of justice, those portions of an intercepted communication, an application for an order, and an order that the court considers appropriate.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.100. Approval for unanticipated interception.

If, while intercepting a private communication under the provisions of AS 12.37.010 - 12.37.130, a peace officer intercepts a communication that relates to a felony offense other than one specified in the order of authorization, the attorney general, or a person designated in writing or by law to act for the attorney general, may file a motion for an order approving that interception so that the communication, or evidence derived from it, may be used during testimony in an official proceeding. A court may enter an order approving the interception if it finds that the person who intercepted the communication was otherwise acting under the provisions of AS 12.37.010 - 12.37.130.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.110. Use of intercepted communication.

An intercepted private communication, and evidence derived from it, may not be received in evidence or otherwise disclosed in an official proceeding unless each party to the communication who is a party in the official proceeding was furnished, at least 10 days before the proceeding, with a copy of the court order authorizing the interception and of the application for authorization under which the order was issued. The 10-day period may be waived by the presiding official if the presiding official finds that it was not practicable to furnish the person with the information 10 days before the proceeding and also finds that the person will not be prejudiced by the delay in receiving the information.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 1. Interception of Private Communications. › Sec. 12.37.120. Suppression of unlawful interceptions.

(a) A motion to suppress the contents of an intercepted private communication, or evidence derived from it, may be filed in a proceeding on the ground that the
(1) interception was unlawful;
(2) order of authorization under which the communication was intercepted is insufficient on its face; or
(3) interception was not made in substantial compliance with the order of authorization.
(b) Upon the filing of a motion to suppress under this section, the court may make available to the moving party or that party's attorney, for inspection, the portion or portions of the intercepted communication, applications, and orders that the court determines to be in the interest of justice.
(c) Suppression is the only judicial sanction available for a nonconstitutional violation of AS 12.37.010 - 12.37.130 involving an intercepted private communication.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 2. Pen Registers and Trap Devices. › Sec. 12.37.200. Authorization to use pen registers and trap devices.

Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning the use of a pen register or a trap device as permitted under federal law.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 37. Interceptions and Access to Communications › Article 3. Communications in Electronic Storage. › Sec. 12.37.300. Authorization for access to and use of communications in electronic storage.

Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning access to and disclosure or use of communications in electronic storage as permitted under federal law.