AS Title 33, Chapter 7: Pretrial Services Program

Chapter 07. Pretrial Services Program. Sec. 33.07.010. Pretrial services program; establishment. The commissioner shall establish and administer a pretrial services program that provides a pretrial risk assessment for all defendants detained in custody in a correctional facility following arrest and for any defendant for whom the prosecution requests to have a pretrial risk assessment at the next hearing or arraignment. The pretrial services program shall make recommendations to the court concerning pretrial release decisions and provide supervision of defendants released while awaiting trial as ordered by the court. Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner shall (1) appoint and make available to the superior court and district court qualified pretrial services officers; (2) fix pretrial services officers' salaries; (3) assign pretrial services officers to each judicial district; (4) provide for the necessary supervision, training, expenses, including clerical services, and travel of pretrial services officers; (5) approve a risk assessment instrument that is objective, standardized, and developed based on analysis of empirical data and risk factors relevant to pretrial failure, that evaluates the likelihood of failure to appear in court and the likelihood of rearrest during the pretrial period, and that is validated on the state's pretrial population; and (6) adopt regulations in consultation with the Department of Law, the public defender, the Department of Public Safety, the office of victims' rights, and the Alaska Court System, consistent with this chapter and as necessary to implement the program; the regulations must include a process for pretrial services officers to make a recommendation to the court concerning a pretrial release decision and guidelines for pretrial diversion recommendations. Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services officers shall, in advance of a first appearance before a judicial officer under AS 12.30 , conduct a pretrial risk assessment on the defendant using an instrument approved by the commissioner for the purpose of making a recommendation to the court concerning an appropriate pretrial release decision and conditions of release. In conducting a pretrial risk assessment and making a recommendation to the court, the pretrial services officer shall follow the decision-making process established by regulation under this chapter. The pretrial risk assessment shall be completed and presented to the court in a pretrial release report that contains a risk assessment rating of low, moderate, or high and a recommendation regarding release and release conditions, including a recommendation concerning a defendant's dependency on, abuse of, or addiction to alcohol or controlled substances, to the extent those factors are indicated by the offense or criminal history, before the defendant's first appearance before a judicial officer. (b) A pretrial services officer shall make a recommendation under (a) of this section for pretrial release to the court based on factors that include the results of a pretrial risk assessment, the offense charged, and the least restrictive condition or conditions that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community. If the offense or criminal history of a defendant identifies that a dependency on, abuse of, or addiction to alcohol or controlled substances is a factor in the defendant's offense, the pretrial services officer shall include that identified fact in the report to the court and to the attorneys. The recommendation must take into account (1) the defendant's risk rating; (2) the appropriateness for release on the defendant's own recognizance or upon the execution of an unsecured appearance bond, unsecured performance bond, or both; and (3) the appropriateness of nonmonetary release conditions permitted under AS 12.30.011 , 12.30.016, 12.30.021, and 12.30.027 and supervision of those conditions by a pretrial services officer for defendants who are recommended for release. (c) A pretrial services officer shall recommend for release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, if a defendant is charged with (1) a misdemeanor, unless that misdemeanor is (A) a crime involving domestic violence, as defined in AS 18.66.990 ; (B) a crime against the person under AS 11.41 ; (C) an offense under AS 11.56.730 or 11.56.757; (2) a class C felony, unless that felony is (A) a crime involving domestic violence, as defined in AS 18.66.990 ; (B) a crime against the person under AS 11.41 ; (C) an offense under AS 11.56.730 ; (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has been assessed as being low or moderate risk on the pretrial risk assessment. (d) A pretrial services officer shall recommend release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, unless the pretrial services officer finds (1) by substantial evidence that no nonmonetary conditions of release in combination with release on personal recognizance or upon execution of unsecured bond can reasonably ensure public safety and appearance in court; and (2) the defendant has been charged with (A) an offense under AS 28.35.030 or 28.35.032, and the offender has been assessed as high risk under a pretrial risk assessment; (B) an offense under AS 11.56.730 or 11.56.757, and the offender has been assessed as low to moderate risk under a pretrial risk assessment; or (C) any other offense, and the defendant has been assessed as being low risk under a pretrial risk assessment. (e) A pretrial services officer may recommend release on personal recognizance, upon execution of an unsecured appearance bond, or upon execution of an unsecured performance bond, with nonmonetary conditions as appropriate, for a defendant not otherwise recommended for release under (c) or (d) of this section. (f) A pretrial services officer may supervise a defendant released while awaiting trial, imposing the least restrictive level of supervision that will reasonably ensure the appearance of the person in court and the safety of the victim, other persons, and the community, and prioritizing higher levels of supervision for a defendant accused of serious charges or assessed as moderate or high risk under a pretrial risk assessment. The commissioner may, in accordance with AS 36.30 , procure and enter into agreements or contracts for the supervision of defendants on electronic monitoring during the pretrial period. (g) A pretrial services officer may (1) recommend pretrial diversion to the court and parties before adjudication in accordance with the guidelines established by the commissioner under AS 33.07.020 (6); (2) if the officer has probable cause to believe the defendant has committed an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's release conditions, file a complaint with the court and (A) arrest, with or without a warrant, a defendant who has been released while awaiting trial; or (B) request the court to issue warrants related to any violation of the defendant's release conditions; (3) refer interested defendants for substance abuse screening, assessment, and treatment on a voluntary basis and assist any defendant whose offense or criminal history identified a dependency on, abuse of, or addiction to alcohol or controlled substances with accessing and obtaining appropriate treatment in the community to address those needs; (4) recommend that a defendant charged with an offense involving the use of alcohol or controlled substances comply with a program established under AS 47.38.020 ; and (5) coordinate with community-based organizations and tribal courts and councils to develop and expand pretrial diversion options. Sec. 33.07.040. Pretrial services officers as officers of court. All pretrial services officers shall be available to the superior and district courts and shall be officers of the court. Sec. 33.07.090. Definitions. In this chapter, (1) “commissioner” means the commissioner of corrections; (2) “program” means the pretrial services program.