Alaska R. Crim. P. 41

(a) Admission to Bail. The defendant in a criminal

proceeding is entitled to be admitted to bail pursuant to AS

12.30.006–12.30.080.

(b) Types of Bonds. The court may require:

(1) the execution of an unsecured appearance bond in an

amount specified, under the criteria set forth in AS 12.30.011;

(2) the execution of an appearance bond in a specified

amount and the deposit in the registry of the court, in cash, of a

sum not to exceed 10 percent of the amount of the bond;

(3) the execution of a bail bond with sufficient solvent

sureties or the deposit of cash; or

(4) the execution of a performance bond in a specified

amount and the deposit in the registry of the court of cash.

(c) Separate Bonds.

(1) If a performance bond is required, it must be

enforced separately from any appearance or bail bond.

Appearance in court may not be a condition of a performance

bond. A Court may not order that an appearance bond be

concurrent with an appearance bond in a pending case unless

the surety who posted the first appearance bond approves.

(2) The court may not change a performance or

appearance bail requirement without agreement by the surety,

unless

(A) the surety waives the requirement for agreement in

advance and in writing; or

(B) the court, in writing, finds that the change in the

condition of bail poses no increase in risk of loss to the surety

and the court sets out in writing the reason for finding that

there is no increase in the risk of loss to the surety.

(d) Misdemeanor Bail Schedule.

(1) The presiding judge of each judicial district may

adopt, under Administrative Rule 46, a misdemeanor bail

schedule for use in each community within that district. Before

adopting a schedule for a community, the presiding judge shall

consult with the judicial officers in that community who

regularly set bail in misdemeanor cases.

(2) Any order adopting a misdemeanor bail schedule

must provide that the arresting police agency may apply to a

judicial officer for a different bail. The order must also provide

that a judicial officer must be contacted at the defendant’s

request if the defendant is immediately unable to post the

scheduled amount in any case in which circumstances exist

indicating that protection of the public and the defendant’s

appearance at subsequent proceedings can be reasonably

assured by one of the following:

(A) release on personal recognizance;

(B) release on other appropriate conditions;

(C) the execution of an unsecured appearance bond in an

amount equal to or less than the scheduled bail amount, and the

deposit in cash or other security of not more than 10 percent of

the amount of the bond; or

(D) the execution of a bail bond in an amount less than

the scheduled bail amount, secured by cash or other solvent

sureties; or

(E) the execution of a performance bond.

(3) A misdemeanor bail schedule may not be set for

crimes involving domestic violence as defined in AS 18.66.990

or for the crime of stalking under AS 11.41.270.

(e) Other Bail Schedules. No bail schedule shall be

established for felonies.

(f) Prosecuting Attorney—Appearance and Notice.

The prosecuting attorney may appear and be heard in all

proceedings relating to bail. The judge or magistrate judge may

require that notice of such proceedings be given the

prosecuting attorney.

(g) Surrender of Defendant. At any time before

forfeiture of the undertaking or the cash deposit in lieu thereof,

the sureties on the undertaking or the owner of the deposit may

surrender the defendant to the custody of a peace officer or the

defendant may surrender personally to the officer. There shall

be delivered to the officer at the time of surrender a certified

copy of the undertaking or a certificate as to the cash deposit

executed by the clerk of court. The peace officer shall

thereupon detain the defendant in custody as upon a

commitment and acknowledge the surrender by a written

certificate.

(h) Appearance and Bail Bonds.

(1) Judgment of Forfeiture. If the person released on bail

on the giving or pledging of security fails to appear before a

court or a judicial officer as required, the judge or magistrate

judge before whom the person released was to appear shall

forfeit the security. The clerk may sign the judgment of

forfeiture if directed to do so on the record in the particular

proceeding by the judge. However, the judgment of forfeiture

may not be enforced until a hearing is held pursuant to

subparagraph (h)(3) or, if no hearing is requested, until 30 days

after the date of notice of the judgment of forfeiture. Nothing

in this subparagraph shall interfere with the issuance of a

summons or bench warrant for a person who fails to appear as

required before a court or judicial officer.

(2) Notice of Forfeiture. The clerk shall send notice of

the judgment of forfeiture to the defendant, defendant’s

attorney and the person giving or pledging the security at their

last known addresses. The notice must state that a hearing will

be held on the forfeiture if timely requested pursuant to

subparagraph (h)(3).

(3) Hearing. If requested by the defendant or person

giving or pledging the security within 30 days of the date of

notice of the forfeiture, the court shall hold a hearing to

determine whether the defendant’s failure to appear was

willful. The state, the defendant, the defense attorney, and the

person giving or pledging the security have the right to be

heard at this hearing. The court shall set aside the judgment of

forfeiture if it is proven by a preponderance of the evidence

that the failure to appear was not willful. The court may set

aside the judgment of forfeiture if the court concludes that

justice does not require the enforcement of the judgment. An

appeal may be taken from the judgment of forfeiture in the

manner of other appeals.

(4) Remission. Within one year after entry of judgment

of forfeiture, a person who has given or pledged security may

apply to the court for a remission, either in whole or in part,

based on the return of the defendant with the assistance of the

person who gave or pledged security or upon such other

extraordinary circumstances as justice requires. The conditions

of remission may include payment of expenses incurred for

enforcement of the forfeiture and for securing the return of the

defendant to custody.

(5) Exoneration. When the condition of the bond has

been satisfied or the forfeiture thereof has been remitted, the

court shall exonerate the obligors and release any bail. A

surety may be exonerated by a deposit of cash in the amount of

the bond or by a timely surrender of the defendant into

custody.

(6) Enforcement. Execution shall issue on judgments of

forfeiture in the same manner as on other judgments for the

payment of money.

(i) Performance Bonds.

(1) Exoneration. When the defendant has met all of the

conditions of the bond, the court shall exonerate the bond and

release any security to the person giving or pledging the

security.

(2) Petition for Forfeiture. At any time prior to

exoneration, the prosecuting attorney may file a petition for

forfeiture with the court alleging that the defendant violated

one or more of the conditions of the performance bond. The

petition shall set forth the allegations and shall be supported by

an affidavit. The prosecuting attorney shall serve copies of the

petition and affidavit on the defendant, defendant’s attorney,

and the person giving or pledging the security at their last

known addresses.

(3) Notice of Intent to Contest. The defendant or any

person giving or pledging the security shall have 30 days from

the date of the petition for forfeiture in which to file a written

notice of an intent to contest the forfeiture. The notice shall be

served on the prosecuting attorney. If the notice is filed by the

defendant, it shall also be served on any person giving or

pledging the security. If the notice is filed by a person giving

or pledging security, it shall also be served on the defendant

and the defendant’s attorney. If no notice is filed, the court

shall deem the allegations admitted and shall forfeit the

security.

(4) Hearing. If the defendant or the person giving or

pledging the security gives notice that the forfeiture is

contested, the court shall schedule a hearing within 45 days of

the filing of the notice. However, if the defendant has been

charged with the offense of violation of a condition of release

under state or municipal law, or has been charged with a new

criminal offense, the court shall not hold a hearing on the

petition for forfeiture until the criminal charges are resolved.

(5) Disposition. The prosecuting attorney has the burden

of proving by a preponderance of the evidence that the

defendant violated a condition of the performance bond

knowingly or with reckless disregard for the fact that the

conduct violated the condition. If the court finds that the

defendant violated a condition of the performance bond, then

the court may forfeit all or part of the security. If the

defendant is found guilty or enters a plea of guilty to the crime

of violation of a condition of release under state or municipal

law, or to a new criminal offense, the court shall consider the

finding or plea conclusive evidence that the defendant violated

these conditions of the performance bond. An appeal may be

taken from the judgment of forfeiture in the manner of other

appeals.

(6) No Effect on Bail. Nothing in this rule is intended to

affect procedures regarding bail release or remand.