AS Title 12, Chapter 25: Arrests and Citations

Chapter 25. Arrests and Citations. Article 1. Arrests. Sec. 12.25.010. Persons authorized to arrest. An arrest may be made by a peace officer or by a private person. Sec. 12.25.020. Judge or magistrate may order arrest. When a crime is committed in the presence of a judge or magistrate, the judge or magistrate may, by an oral or written order, command any person to arrest the offender, and may immediately proceed as though the offender had been brought before the court on a warrant of arrest. Sec. 12.25.030. Grounds for arrest by private person or peace officer without warrant. (a) A private person or a peace officer without a warrant may arrest a person (1) for a crime committed or attempted in the presence of the person making the arrest; (2) when the person has committed a felony, although not in the presence of the person making the arrest; (3) when a felony has in fact been committed, and the person making the arrest has reasonable cause for believing the person to have committed it. (b) In addition to the authority granted by (a) of this section, a peace officer (1) shall make an arrest under the circumstances described in AS 18.65.530 ; (2) without a warrant may arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer, (A) committed a crime involving domestic violence, whether the crime is a felony or a misdemeanor; in this subparagraph, “crime involving domestic violence” has the meaning given in AS 18.66.990 ; (B) committed the crime of violating a protective order in violation of AS 11.56.740 ; or (C) violated a condition of release imposed under AS 12.30.016 (e) or 12.30.027; (3) without a warrant may arrest a person when the peace officer has probable cause for believing that the person has (A) committed a crime under or violated conditions imposed as part of the person's release before trial on misdemeanor charges brought under AS 11.41.270 ; (B) violated AS 04.16.050 or an ordinance with similar elements; however, unless there is a lawful reason for further detention, a person who is under 18 years of age and who has been arrested for violating AS 04.16.050 or an ordinance with similar elements shall be cited for the offense and released to the person's parent, guardian, or legal custodian; (C) violated conditions imposed as part of the person's release under the provisions of AS 12.30 ; or (D) violated AS 11.41.230 at a health care facility, and the person (i) was not seeking medical treatment at the facility; or (ii) was stable for discharge. (c) [Repealed, § 16 ch 61 SLA 1982.] (d) [Repealed, § 72 ch 64 SLA 1996.] (e) In this section, “health care facility” has the meaning given in AS 18.07.111 . Sec. 12.25.031. Alternative to arrest. (a) As an alternative to arrest, a peace officer may, at the officer's discretion, deliver a person to a crisis stabilization center, a crisis residential center, or an evaluation facility or decline to arrest the person if (1) the arresting officer believes in good faith that the person is suffering from an acute behavioral health crisis; and (2) the person voluntarily agrees to be taken to a crisis stabilization center, a crisis residential center, or an evaluation facility or to promptly seek outpatient mental health treatment. (b) Notwithstanding (a) of this section, a peace officer may, as an alternative to arrest, take a person into emergency custody under AS 47.30.705 and deliver the person to a crisis stabilization center, a crisis residential center, or an evaluation facility. (c) Delivery of a person to a crisis stabilization center, a crisis residential center, or an evaluation facility for examination under (a) of this section does not constitute an involuntary commitment under AS 47.30 or an arrest. (d) Before a person delivered to a crisis stabilization center, a crisis residential center, or an evaluation facility under (a) or (b) of this section is released to the community, a mental health professional shall make reasonable efforts to inform the arresting officer and the arresting officer's employing agency of the planned release if the officer has specifically requested notification and provided the officer's contact information to the crisis stabilization center, crisis residential center, or evaluation facility. (e) A peace officer is not liable for civil damages arising from an act or omission done with reasonable care and in good faith under this section. (f) An agreement to participate in outpatient treatment or to be delivered to a crisis stabilization center, a crisis residential center, or an evaluation facility under (a) of this section (1) may not require a person to stipulate to any facts regarding the alleged criminal activity as a prerequisite to participation in a mental health treatment alternative; (2) is inadmissible in any criminal or civil proceeding; and (3) does not create immunity from prosecution for the alleged criminal activity. (g) If a person violates an agreement to be delivered to a crisis stabilization center, a crisis residential center, or an evaluation facility or to seek outpatient treatment under (a) of this section, (1) a mental health professional shall make reasonable efforts to inform the arresting officer and the arresting officer's employing agency of the person's decision to leave the crisis stabilization center, crisis residential center, or evaluation facility; and (2) the original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed as provided by law. (h) Notwithstanding the other provisions of this section, charges may be filed or referred to the prosecutor, as appropriate, at any time in accordance with law. (i) In this section, (1) “crisis residential center” has the meaning given in AS 47.32.900 ; (2) “crisis stabilization center” has the meaning given in AS 47.32.900 ; (3) “evaluation facility” has the meaning given in AS 47.30.915 ; (4) “mental health professional” has the meaning given in AS 47.30.915 . Sec. 12.25.033. Arrest without warrant for operating vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance. A peace officer may arrest a person without a warrant, whether or not the offense is committed in the presence of the officer, when the officer has probable cause to believe that the person to be arrested has committed the crime of operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a similar city or borough ordinance, if the violation is alleged to have occurred less than eight hours before the time of arrest. Sec. 12.25.035. Arrest without warrant by state trooper when judicial officer is unavailable. A state trooper may arrest a person without a warrant for a misdemeanor or for the violation of an ordinance when (1) the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor or has violated an ordinance; (2) personal or property damage is likely to be done unless the person is immediately arrested; and (3) there is no known judicial officer empowered to issue a warrant within a radius of 25 miles of the person to be apprehended. Sec. 12.25.040. Taking before judge or magistrate person arrested by bystander. A peace officer may, without warrant, take before a judge or magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to the peace officer. Sec. 12.25.050. Method of making arrest. An arrest is made by the actual restraint of a person or by a person's submission to the custody of the person making the arrest. Sec. 12.25.060. Method of arrest by officer without warrant. When making an arrest without a warrant, the peace officer shall inform the person to be arrested of the officer's authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of a crime, or is pursued immediately after its commission or after an escape. Sec. 12.25.070. Limitation on restraint in arrest. A peace officer or private person may not subject a person arrested to greater restraint than is necessary and proper for the arrest and detention of the person. Sec. 12.25.080. Means to effect resisted arrest. [Repealed, § 21 ch 59 SLA 1982. For present provisions, see AS 11.81.370 — 11.81.390.] Sec. 12.25.090. Peace officer's authority to summon aid to make arrest. A peace officer making an arrest may orally summon as many persons as the officer considers necessary to aid in making the arrest. A person when required by an officer shall aid in making the arrest. Sec. 12.25.100. Breaking into building or vessel to effect arrest. A peace officer may break into a building or vessel in which the person to be arrested is or is believed to be, if the officer is refused admittance after the officer has announced the authority and purpose of the entry. Sec. 12.25.110. Breaking open building or vessel to liberate. A peace officer may break open a building or vessel to liberate a person who entered to make an arrest and is detained, or to liberate oneself when necessary. Sec. 12.25.120. Retaking escaped prisoner. If a person arrested escapes or is rescued, the person from whose custody that person escaped or was rescued may immediately pursue and retake that person at any time and in any place in the state. Sec. 12.25.130. Means usable to retake prisoner. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.370 — 11.81.390.] Sec. 12.25.140. Property taken from defendant on arrest. When money or other property is taken from a person arrested upon a charge of a crime, the officer taking it shall immediately make duplicate receipts for the property, specifying particularly the amount of money or kind of property taken. The officer shall deliver one receipt to the person arrested and the other to the judge or magistrate who examines the charge or, if the arrest is after the information or indictment, to the clerk of the court where the action is pending. Sec. 12.25.150. Rights of prisoner after arrest. (a) A person arrested shall 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. The unavailability of a report prepared by the pretrial services officer under AS 33.07 or a delay in the transmittal of that report to the parties or to the court may not be considered a sufficient compelling circumstance to justify delaying a hearing beyond 24 hours. The hearing before the judge or magistrate may not take place more than 48 hours after arrest. This requirement applies to municipal police officers to the same extent as it does to state troopers. (b) Immediately after an arrest, a prisoner shall have the right to telephone or otherwise communicate with the prisoner's attorney and any relative or friend, and any attorney at law entitled to practice in the courts of Alaska shall, at the request of the prisoner or any relative or friend of the prisoner, have the right to immediately visit the person arrested. This subsection does not provide a prisoner with the right to initiate communication or attempt to initiate communication under circumstances proscribed under AS 11.56.755 . (c) It shall be unlawful for an officer having custody of a person so arrested to wilfully refuse or neglect to grant the prisoner the rights provided by this section. A violation of this section is a misdemeanor, and, upon conviction, the offender is punishable by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both. (d) In addition to the criminal liability in (c) of this section, an officer having a prisoner in custody who refuses to allow an attorney to visit the prisoner when proper application is made therefor shall forfeit and pay to the party aggrieved the sum of $500, recoverable in a court of competent jurisdiction. Sec. 12.25.160. Definition of “arrest” Arrest is the taking of a person into custody in order that the person may be held to answer for the commission of a crime. Article 2. Citations. Sec. 12.25.175. Uniform citation format and procedure. (a) Notwithstanding any contrary provision of law, a citation issued by a peace officer or by another person who is authorized by law to issue a citation in the state must comply with standards concerning uniform citation format and procedure adopted by the Department of Public Safety. The standards must include (1) a statewide numbering system for citations; (2) a requirement that a citation be made upon oath or affirmation before a person authorized by law to administer oaths or affirmations or signed with a certification under penalty of perjury that the citation is true and was personally served on the person charged or served in a manner permitted under (d) of this section; (3) a requirement that the citation contain information required by AS 12.25.200 (b). (b) The commissioner of public safety shall provide or prescribe citation forms for use by peace officers and other persons who are authorized by law to issue citations. (c) The commissioner of public safety shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section. (d) The standards adopted by the department under (a) of this section must allow for service of a citation by other than personal service when the citation is for commission of an infraction or a violation for an offense other than an offense under AS 04.16.050 or an offense involving a moving motor vehicle, the offense is punishable by a fine of $500 or less, and the peace officer or other person authorized by law to issue the citation (1) leaves the citation in a conspicuous place on the vehicle or other personal or real property that was the subject of the infraction or violation; or (2) serves the citation in a manner permitted for service of process under Rule 4, Alaska Rules of Civil Procedure. Sec. 12.25.180. When peace officer may issue citation or take person before the court. (a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150 , except the officer may arrest if (1) the person does not furnish satisfactory evidence of identity; (2) the peace officer reasonably believes the person is a danger to others; (3) the crime for which the person is contacted is one involving violence or harm to another person or to property; (4) the person asks to be taken before a judge or magistrate under AS 12.25.150 ; or (5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, “crime involving domestic violence” has the meaning given in AS 18.66.990 . (b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150 , except the officer may arrest if (1) the person does not furnish satisfactory evidence of identity; (2) the person refuses to accept service of the citation. (3) [Repealed, § 138 ch 4 FSSLA 2019.] (c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section. Sec. 12.25.190. When person to be given five-day notice to appear in court. (a) When a person is contacted by a peace officer and the peace officer exercises one of the options provided for in AS 12.25.180 , the officer shall prepare a written citation and issue it to the person. (b) The time specified in the notice to appear shall be at least two working days after the issuance of the citation under AS 12.25.180 (a). (c) The person cited shall accept at least one copy of the written citation prepared by the peace officer. (d) The time specified in the notice to appear shall be at least five working days after issuance of the citation under AS 12.25.180 (b). 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 . 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. 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. 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. 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.