reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.100. Penalty for noncompliance with AS 12.70.090.

An officer or other person who delivers to the agent for extradition of the demanding state a person in custody under the governor's warrant, in wilful disobedience to AS 12.70.090, is guilty of a misdemeanor and, on conviction, is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.110. Confinement in jail when necessary.

(a) The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in a jail in a political subdivision, judicial district, or city of this state through which the officer or person may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed. The officer or person is chargeable with the expense of keeping.
(b) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in the other state, and who is passing through this state with a prisoner for the purpose of immediately returning that prisoner to the demanding state may, when necessary, confine the prisoner in a jail in a political subdivision, judicial district, or city of this state through which the officer or agent may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed. The officer or agent is chargeable with the expense of keeping. The officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.120. Arrest prior to requisition.

When a person within this state is charged on the oath of a credible person before a judge or magistrate of this state with the commission of a crime in another state and, except in cases arising under AS 12.70.050, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation, or parole; or whenever complaint is made before a judge or magistrate in this state setting out on the affidavit of a credible person in another state that a crime has been committed in the other state and that the accused has been charged in that state with the commission of the crime and, except in cases arising under AS 12.70.050, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to a peace officer commanding the officer to apprehend the person named in the warrant, wherever that person may be found in this state, and to bring that person before the same or another judge or magistrate who is available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint or affidavit upon which the warrant is issued shall be attached to the warrant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.130. Arrest without warrant.

The arrest of a person may also be lawfully made by a peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when arrested the accused must be taken before a judge or magistrate without unnecessary delay and, in any event, within 24 hours after arrest, absent compelling circumstances, including Sundays and holidays, and complaint shall be made against the accused under oath setting out the ground for the arrest as in AS 12.70.120. Thereafter the answer of the accused shall be heard as if the accused had been arrested on a warrant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.140. Commitment to await requisition.

If at the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under AS 12.70.050, that the person has fled from justice, the judge or magistrate shall commit the person to jail for not more than 30 days, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in AS 12.70.150, or until legally discharged. The commitment by the judge or magistrate shall be by a warrant that shall recite the following:
(1) the accusation against the accused;
(2) the fact that the commitment is for a time as will enable the arrest of the accused to be made under a warrant of the governor of this state; and
(3) that in any event the commitment shall be for not more than 30 days.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.150. Bail.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death under the laws of the state in which it was committed, a judge or magistrate in this state shall admit the prisoner to bail by bond or undertaking, with sufficient sureties, and in a sum the judge or magistrate considers proper, conditioned upon the prisoner's appearance before the judge or magistrate at a time specified in the bond or undertaking and for the prisoner's surrender, to be arrested on the warrant of the governor of this state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.160. Extension of time of commitment.

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, a judge or magistrate may discharge the accused or may recommit the accused for a further period of not more than 60 days, or a judge or magistrate may again take bail for the appearance and surrender of the accused, as provided in AS 12.70.150, but within a period of not more than 60 days after the date of the new bond or undertaking.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.170. Forfeiture of bail.

If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the bond or undertaking, the judge or magistrate, by proper order, shall declare the bond or undertaking forfeited, and order the immediate arrest of the prisoner if the prisoner is within this state. Recovery may be had on the bond or undertaking in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.180. Persons under criminal prosecution in this state at time of requisition.

If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor has discretion to surrender that person on demand of the executive authority of another state or hold that person until tried and discharged, or convicted and punished in this state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.190. Inquiry into guilt or innocence of accused.

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in this chapter, has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.210. Fugitives from this state.

When the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state from the executive authority of any other state, or from a judge of the District Court of the United States for the District of Columbia authorized to receive the demand under the laws of the United States, the governor shall issue a warrant under the seal of this state to an agent, commanding the agent to receive the person so charged if delivered to the agent and convey that person to the proper officer of the judicial district in this state in which the offense was committed.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.220. Application for issuance of requisition.

(a) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney of the judicial district in which the offense is committed, or the attorney general, shall present to the governor a written application for a requisition for the return of the person charged. In the application there shall be stated the name of the person so charged, the crime charged, the approximate time, place, and circumstances of its commission, the state in which the accused is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney or the attorney general, the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.
(b) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of the person's bail, probation, or parole, the prosecuting attorney of the judicial district in which the offense was committed, or the attorney general, the parole or probation authority having jurisdiction over the person, or the commissioner of corrections shall present to the governor a written application for a requisition for the return of that person. In the application there shall be stated the name of the person, the crime for which the person was convicted, the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time the application is made.
(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The attorney general or the prosecuting attorney, the parole or probation authority, or the commissioner of corrections may also attach further affidavits and other documents in duplicate to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement on the application, and one of the certified copies of the indictment, complaint, information and affidavits, or judgment or conviction or sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.230. Immunity from service of process in certain civil actions.

A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding for which the person is being or has been returned, until the person has been convicted in the criminal proceedings, or, if acquitted, until the person has reasonable opportunity to return to the state from which extradited.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.240. Written waiver of extradition proceedings.

(a) A person arrested in this state charged with having committed a crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole may waive the issuance and service of the warrant provided for in AS 12.70.060 and 12.70.070 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge or magistrate within this state a writing that states that the person consents to return to the demanding state; however, before the waiver is executed or subscribed by that person, the judge or magistrate shall inform that person of the right to the issuance and service of a warrant of extradition and of the right to apply for a writ of habeas corpus as provided for in AS 12.70.090.
(b) If and when that consent is executed, it shall immediately be forwarded to the office of the governor of this state and filed therein. The judge or magistrate shall direct the officer having the person in custody to deliver immediately that person to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the consent.
(c) Nothing in this section is considered to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.250. Nonwaiver by this state.

Nothing in this chapter is considered to constitute a waiver by this state of its right, power, or privilege to try the demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of that person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for a crime committed within this state, nor shall a proceeding had under these sections which results in, or fails to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.260. No immunity from other criminal prosecutions while in this state.

After a person has been brought back to this state through extradition proceedings, or after waiver of extradition proceedings by that person, that person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 70. Uniform Criminal Extradition Act › Sec. 12.70.280. Definitions.

In this chapter,
(1) “executive authority” includes the governor and a person performing the functions of governor in a state other than this state;
(2) “governor” includes
(A) a person performing the functions of governor by authority of the law of this state; and
(B) the lieutenant governor or the head of a principal department in the executive branch appointed by the governor to act on behalf of the governor in performing extradition duties under this chapter; the appointment shall be in writing and filed with the lieutenant governor;
(3) “state,” referring to a state other than this state, includes another state or possession of the United States.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 72. Post-Conviction Relief Procedures for Persons Convicted of Criminal Offenses › Sec. 12.72.010. Scope of post-conviction relief.

A person who has been convicted of, or sentenced for, a crime may institute a proceeding for post-conviction relief if the person claims
(1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state;
(2) that the court was without jurisdiction to impose sentence;
(3) that a prior conviction has been set aside and the prior conviction was used as a statutorily required enhancement of the sentence imposed;
(4) that there exists evidence of material facts, not previously presented and heard by the court, that requires vacation of the conviction or sentence in the interest of justice; if the person seeks post-conviction DNA testing to support a claim under this paragraph, the person's exclusive method for obtaining that testing is an application under AS 12.73;
(5) that the person's sentence has expired, or the person's probation, parole, or conditional release has been unlawfully revoked, or the person is otherwise unlawfully held in custody or other restraint;
(6) that the conviction or sentence is otherwise subject to collateral attack upon any ground or alleged error previously available under the common law, statutory law, or other writ, motion, petition, proceeding, or remedy;
(7) that
(A) there has been a significant change in law, whether substantive or procedural, applied in the process leading to the person's conviction or sentence;
(B) the change in the law was not reasonably foreseeable by a judge or a competent attorney;
(C) it is appropriate to retroactively apply the change in law because the change requires observance of procedures without which the likelihood of an accurate conviction is seriously diminished; and
(D) the failure to retroactively apply the change in law would result in a fundamental miscarriage of justice, which is established by demonstrating that, had the changed law been in effect at the time of the applicant's trial, a reasonable trier of fact would have a reasonable doubt as to the guilt of the applicant;
(8) that, after the imposition of sentence, the applicant seeks to withdraw a plea of guilty or nolo contendere in order to correct manifest injustice under the Alaska Rules of Criminal Procedure; or
(9) that the applicant was not afforded effective assistance of counsel at trial or on direct appeal.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 72. Post-Conviction Relief Procedures for Persons Convicted of Criminal Offenses › Sec. 12.72.025. Applications based on claim of ineffective assistance of counsel.

An application may not be brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure if it is based on a claim that the assistance the applicant's attorney provided in a prior application under AS 12.72.010 or the Alaska Rules of Criminal Procedure was ineffective, unless it is filed within one year after the court's decision on the prior application is final under the Alaska Rules of Appellate Procedure.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 72. Post-Conviction Relief Procedures for Persons Convicted of Criminal Offenses › Sec. 12.72.030. Filing of application for post-conviction relief.

(a) An application for post-conviction relief shall be filed with the clerk at the court location where the underlying criminal case is filed.
(b) A person who files an application for post-conviction relief under this chapter or the Alaska Rules of Criminal Procedure may not pursue discovery related to the application unless the applicant first pleads a prima facie case for relief and the court finds that a prima facie case for relief has been established under this chapter or the Alaska Rules of Criminal Procedure.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.010. Application for post-conviction DNA testing.

(a) A person convicted of a felony against a person under AS 11.41 who has not been unconditionally discharged may apply to the superior court for an order for DNA testing of evidence. The application must be filed in the court that entered the judgment of conviction, and a copy shall be served on the prosecuting authority responsible for obtaining the conviction.
(b) An application filed under (a) of this section must specifically identify the evidence sought to be tested and must include facts from which the court can make the findings required under AS 12.73.020. The application must also include
(1) an affidavit by the applicant that attests to the following:
(A) the applicant did not commit the offense for which the applicant was convicted or a lesser included offense;
(B) the applicant did not solicit another person to commit, or aid or abet another person in planning or committing, that offense or a lesser included offense; and
(C) the applicant did not admit or concede guilt under oath in an official proceeding for the offense that was the basis of the conviction or a lesser included offense, except that the court, in the interest of justice, may waive this requirement; for the purposes of this subparagraph, the entry of a guilty or nolo contendere plea is not an admission or concession of guilt;
(2) an affidavit by the applicant or the applicant's attorney stating the results of each DNA test performed on the evidence in the prosecution that resulted in the applicant's conviction;
(3) an affidavit by the applicant or the applicant's attorney describing all previous efforts to obtain DNA testing and any previous application filed under AS 12.72 or this section.
(c) An attorney who represents an applicant under this section shall investigate and, if possible, confirm the accuracy of information provided by the applicant under (b)(2) and (3) of this section.
(d) If an applicant is indigent, filing fees must be paid under AS 09.19, and counsel shall be appointed under AS 18.85.100 to represent the applicant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.020. Findings required for post-conviction DNA testing orders.

The court shall order post-conviction DNA testing of specific evidence if
(1) the applicant was convicted of a felony under AS 11.41;
(2) the applicant and, if represented, the applicant's attorney, have submitted the affidavits required by AS 12.73.010(b);
(3) the applicant did not admit or concede guilt under oath in an official proceeding for the offense that was the basis of the conviction or a lesser included offense, except that the court, in the interest of justice, may waive this requirement; for the purposes of this paragraph, the entry of a guilty or nolo contendere plea is not an admission or concession of guilt;
(4) the evidence either
(A) was not subjected to DNA testing; or
(B) was previously subjected to DNA testing, and
(i) the applicant is requesting DNA testing using a method or technology that is substantially more probative than the previous DNA testing; or
(ii) the court determines that granting the application is in the best interest of justice;
(5) the evidence to be tested has been subject to a chain of custody and retained under conditions that ensure that the evidence has not been substituted, contaminated, or altered in any manner material to the proposed DNA testing;
(6) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;
(7) the applicant identifies a theory of defense that would establish the applicant's innocence;
(8) the applicant was convicted after a trial and the identity of the perpetrator was a disputed issue in the trial;
(9) the proposed DNA testing of the specific evidence may produce new material evidence that would
(A) support the theory of defense described in (7) of this section; and
(B) raise a reasonable probability that the applicant did not commit the offense;
(10) the applicant consents to provide a DNA sample for purposes of comparison and to entry of the results into the DNA identification registration system under AS 44.41.035 and into any other law enforcement database; and
(11) the application is timely as described in AS 12.73.040.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.030. Summary dismissal and response.

(a) If an application under AS 12.73.010(a) does not set out the specific facts necessary for the court to make the findings required under AS 12.73.020 or does not comply with AS 12.73.010(b), the court shall deny the application without further proceedings.
(b) If an application filed under AS 12.73.010(a) is not denied under (a) of this section, the prosecuting authority shall file a response within 45 days after service of the application. The court shall conduct an evidentiary hearing to resolve any disputed facts.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.040. Timeliness.

In determining whether an application is timely under AS 12.73.020(11), there is a presumption of
(1) timeliness if the application is filed before three years after the date of conviction; this presumption may be rebutted if the court finds that the application is based solely upon information used in a previously denied application; and
(2) untimeliness if the application is filed three years or more after conviction; this presumption may be rebutted if the court finds good cause for filing three years or more after conviction.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.050. Testing procedures.

(a) If the court grants the application and DNA samples for comparison purposes are required, samples taken from the applicant or a prisoner must be collected at a law enforcement or correctional facility. If the DNA sample is being collected from a person other than the applicant or a prisoner, the sample must be taken by a law enforcement officer or other authorized person at a location that is convenient for the person from whom the sample is being collected and the person collecting the sample.
(b) The court may not order that a person other than the applicant provide a DNA sample for comparison purposes unless that person is first afforded notice and an opportunity to be heard by the court. The results of DNA testing of a sample provided by a person other than the applicant may not be made available to the DNA identification registration system under AS 44.41.035 or to any other law enforcement database unless specifically ordered by the court.
(c) DNA testing ordered under this section shall be performed at the state's expense and at a laboratory operated or approved by the Department of Public Safety. If, after completion of the testing ordered under this section, an applicant requests additional testing, any additional testing ordered by the court at the applicant's request must be at the applicant's expense. If the court orders additional testing by another laboratory at the request of the applicant, the laboratory operated or approved by the Department of Public Safety shall preserve a portion of the evidence for later testing. A laboratory selected by the applicant to perform testing under this section must comply with the quality assurance standards for DNA adopted by the United States Department of Justice and be accredited by the American Society of Crime Laboratory Directors Laboratory Accreditation Board or accepted as equivalent by the Department of Public Safety.
(d) Except as provided in (b) of this section, the results of testing ordered under this section shall be entered into the DNA identification registration system under AS 44.41.035 and into any other law enforcement database available to the Department of Public Safety.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.060. Post-conviction testing by stipulation.

The provisions of this chapter do not prohibit an applicant and the prosecuting authority from agreeing to conduct post-conviction DNA testing without the person's filing an application under this chapter. The parties may also stipulate to the payment of costs for the DNA testing and other costs associated with the terms of the agreement.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 73. Post-Conviction DNA Testing Procedure › Sec. 12.73.090. Definitions.

In this chapter, unless the context requires otherwise,
(1) “DNA” means deoxyribonucleic acid;
(2) “innocence” means that the applicant was not a perpetrator of or an accomplice to the offense or lesser included offense for which the applicant was convicted;
(3) “prisoner” has the meaning given in AS 33.30.901;
(4) “unconditionally discharged” means that a defendant is released from all disability arising under a sentence, including probation and parole.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.010. Persons entitled to prosecute writ.

A person imprisoned or otherwise restrained of liberty under any pretense whatsoever, except in the cases specified in AS 12.75.020, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint, and, if illegal, to be released from custody or to be granted another remedy as law and justice require. Procedure may be as prescribed in the Rules of Civil Procedure.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.050. Hearing without production of person.

When, from the sickness or infirmity of the person directed to be produced, that person cannot without danger be brought before the court, the person in whose custody or power that person is may state that fact in the return to the writ. If the court is satisfied of the truth of the return and the return is otherwise sufficient, the court shall proceed to decide on the return and to dispose of the matter as if the party had been produced.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.060. Proceedings on disobedience of writ.

If the person upon whom the writ is served refuses or neglects to obey it within the time required, and no sufficient excuse is shown, it is the duty of the court before whom the writ is returnable, upon due proof of service, to immediately issue a warrant against that person, directed to a peace officer commanding the officer to immediately apprehend and bring the person before the court. Upon that person being brought before the court, the court shall commit that person to custody until the person makes return to the writ and complies with any order that may be made.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.070. Precept to peace officer.

A court that issues a writ without requiring the production of the person or that issues a warrant may also, at any time before final decision, issue a precept to the peace officer to whom the writ or warrant is directed commanding the officer to immediately bring the person for whose benefit the writ was allowed before the court. That person shall remain in the custody of the peace officer until discharged, remanded, or the matter is otherwise disposed of as law and justice require.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.100. Remedy of person in custody by virtue of civil process.

If it appears on the return of the writ that the prisoner is in custody by virtue of an order or civil process of a court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, the prisoner shall be discharged or granted any other appropriate remedy in any of the following cases:
(1) when the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person;
(2) when, though the original imprisonment was lawful, yet by some act, omission, or event that has taken place afterwards, the party has become entitled to a discharge or other remedy;
(3) when the order or process is defective in some matter of substance required by law, rendering the process void;
(4) when the order or process, though in proper form, has been issued in a case not allowed by law;
(5) when the person having the custody of the prisoner under the order or process is not the person empowered by law to detain the prisoner; or
(6) when the order or process is not authorized by a judgment of a court or by a provision of law.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.110. Limitation on scope of court's inquiry.

No court or judge, on the return of a writ of habeas corpus, may inquire into the legality or justice of any order, judgment, or process specified in AS 12.75.020 or into the justice, propriety, or legality of a commitment for a contempt made by a court, officer, or body, according to law, and charged in the commitment, as provided by law.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.140. Admission to bail.

A person prosecuting a writ of habeas corpus may, at any time after the writ is allowed, be admitted to bail by the court allowing the writ, or by another judge or magistrate designated by that court or judge, pending the hearing upon the writ and the final order of the court and, in case of appeal, during the pendency of the appeal and until the final order of the appellate court. The bail shall be by written undertaking and executed as bail upon arrest, and the undertaking shall be conditioned that the person so admitted to bail shall appear in the designated court or before the designated judge or magistrate whenever required, and shall at all times be amenable to the order or process of that court, judge, or magistrate, and that if the person fails to perform either of those conditions, the surety or sureties on the undertaking will pay to the state the sum in which that person is so admitted to bail.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.150. Effect of admitting to bail.

The admitting to bail of a person prosecuting a writ of habeas corpus does not in any manner affect the writ or other proceedings or the full right of that person to have the cause and legality of the person's imprisonment inquired into and determined both in the trial court and upon appeal.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.160. Enforcing judgment of discharge.

Obedience to a judgment for the discharge of a person imprisoned or restrained, pursuant to the provisions of this chapter, may be enforced by the court by proceedings for a contempt. A peace officer or other person is not liable to an action or proceeding for obeying the judgment of discharge.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.170. Discharge as bar to subsequent restraint.

No person who has been discharged by the order of a court upon habeas corpus shall again be imprisoned, restrained, or kept in custody for the same cause except in the following cases:
(1) if the party has been discharged from a commitment on a criminal charge and is afterwards committed for the same offense by legal order or process;
(2) if, after a judgment or discharge for a defect of evidence, or for a material defect in the commitment, in a criminal case, the party is again arrested on sufficient evidence and committed by legal process for the same offense;
(3) if, after a civil action, the party has been discharged for any illegality in the judgment, decree, or process specified in AS 12.75.100, and is afterwards imprisoned for the same cause of action;
(4) if, in a civil action, the party has been discharged from commitment on an order of arrest, and is afterwards committed on execution, in the same action, or on order of arrest in another action, after the dismissal of the first action.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.180. Grounds for warrant in lieu of writ.

When it appears to a court authorized to issue the writ of habeas corpus that a person is illegally imprisoned or restrained, and that there is good reason to believe that the person will be carried out of the state or suffer some irreparable injury before the person can be relieved by the issuing of a writ of habeas corpus, a court or judge authorized to issue the writ may issue a warrant reciting the facts, and directed to a peace officer commanding the officer to immediately bring the person before the court to be dealt with according to law.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.190. Warrant may include command for arrest of defendant.

When the proof mentioned in AS 12.75.180 is also sufficient to justify the arrest of the person having the party in custody, as for a criminal offense, committed in the taking or detaining of the party, the warrant may also contain an order for the arrest of the person for that offense.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.200. Warrant in lieu of writ.

The peace officer to whom the warrant is directed shall execute it by bringing the party named and the person who detains the party, if so commanded by the warrant, before the judge issuing the warrant. The person detaining the party shall make a return to the warrant as in the case of a writ of habeas corpus, and a proceeding shall be had as if a writ of habeas corpus had been issued in the first instance.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.220. Penalty for refusing to deliver copy of or obey authority to detain party.

If a peace officer or other person refuses to deliver a copy of an order, warrant, process, or other authority by which the officer or other person detains a person to anyone who demands a copy and tenders the fees therefor, the officer or other person shall forfeit and pay to the person detained a sum of not more than $200.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 75. Habeas Corpus › Sec. 12.75.230. Appeal.

A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be re-examined upon another or subsequent proceeding of the same kind.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 80. Miscellaneous Provisions › Sec. 12.80.020. Indictment, information, and complaint.

No person shall be held to answer for an infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces in time of war or public danger. Indictment may be waived by the accused. In that case the prosecution shall be by information or complaint in the manner and form set out in the Rules of Criminal Procedure.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 80. Miscellaneous Provisions › Sec. 12.80.040. Violations and infractions.

Except as provided in AS 11.81.900(b) and AS 28.90.010(d), all laws of the state relating to misdemeanors apply to violations and infractions, including the powers of peace officers, the jurisdiction of courts, and the periods for commencing actions and for bringing a case to trial.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 85. General Provisions › Sec. 12.85.010. Applicability of title and supreme court rules.

The provisions of this title apply to all criminal actions and proceedings in all courts except where specific provision is otherwise made or where the Rules of Criminal Procedure adopted by the supreme court under its constitutional authority apply. This title governs all proceedings in actions brought after January 1, 1963, and all further proceedings in actions then pending, except to the extent that, in the opinion of the court, their application in a particular action pending when the rules take effect would not be feasible, or would work injustice, in which event, the laws in effect before January 1, 1963, apply.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.005. Short title.

AS 13.06 - AS 13.36 shall be known and may be cited as the Uniform Probate Code.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.010. Purposes; rule of construction.

(a) AS 13.06 - AS 13.36 shall be liberally construed and applied to promote their underlying purposes and policies.
(b) The underlying purposes and policies of AS 13.06 - AS 13.36 are to
(1) simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;
(2) discover and make effective the intent of a decedent in distribution of the decedent's property;
(3) promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors;
(4) facilitate use and enforcement of certain trusts; and
(5) make uniform the law among the various jurisdictions.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.015. Supplementary general principles of law applicable.

Unless displaced by the particular provisions of AS 13.06 - AS 13.36, the principles of law and equity supplement those provisions.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.020. Severability.

If any provision of AS 13.06 - AS 13.36 or their application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of AS 13.06 - AS 13.36 that can be given effect without the invalid provision or application, and to this end the provisions of AS 13.06 - AS 13.36 are declared to be severable.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.025. Construction against implied repeal.

AS 13.06 - AS 13.36 are intended to provide a unified coverage of their subject matter. No part of AS 13.06 - AS 13.36 may be impliedly repealed by subsequent legislation if it can reasonably be avoided.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.030. Effect of fraud and evasion; limitations.

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under AS 13.06 - AS 13.36 or if fraud is used to avoid or circumvent the provisions or purposes of AS 13.06 - AS 13.36, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime that affects the succession of the decedent's estate.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court › Article 1. Short Title, Construction, General Provisions. › Sec. 13.06.035. Evidence of death or status.

In addition to the Alaska Rules of Evidence, the following rules relating to a determination of death and status apply:
(1) death occurs when an individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem; a determination of death shall be made under accepted medical standards;
(2) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent;
(3) a certified or authenticated copy of a record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report;
(4) in the absence of prima facie evidence of death under (2) or (3) of this section, the fact of death may be established by clear and convincing evidence, including circumstantial evidence;
(5) an individual whose death is not established under (1) - (4) of this section and who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead; the individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier;
(6) in the absence of evidence disputing the time of death stated on a document described in (2) or (3) of this section, a document described in (2) or (3) of this section that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by at least 120 hours.