- Alaska Statutes.
- Title 33. Probation, Prisons, and Prisoners
- Chapter 5. Probation Administration Act
- Section 70. Arrest of Probationer.
previous: Section 60
. Transfer of Jurisdiction Over Probationer.
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AS 33.05.070. Arrest of Probationer.
- (a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found,
without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080
and 12.55.090, the court for the district in which
the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district
in which the probationer was last under supervision may issue a warrant for the probationer's arrest for violation of
probation occurring during the probation period. The warrant may be executed in any district by the probation officer
or any peace officer in the district in which the warrant was issued or of any district in which the probationer is
found. If the probationer is arrested in any district other than that in which the probationer was last supervised,
the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the
probationer is transferred as above provided to the district in which the probationer is found, and in that case the
probationer shall be detained pending further proceedings in that district.
- (b) As speedily as possible after arrest the probationer shall be taken before the court for the district having
jurisdiction over the probationer. Thereupon the court may revoke the probation and require the probationer to serve
the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence
which might originally have been imposed, subject to the limitation specified in AS 12.55.086
- (c) At any time within the probation period, a police officer certified by the Alaska Police Standards Council
may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently
violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the
probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation
condition relating to one of the topics set out in (d) of this section.
- (d) The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant
under AS 33.16.240 and (c) of this section are those conditions imposed by the
court, or the parole board, relating to
- (1) geographic limitations on the probationer's movements;
- (2) possessing or consuming controlled substances under state or federal law;
- (3) possessing firearms;
- (4) possessing or consuming alcoholic beverages, or being in a place where they are sold or served;
- (5) operating or driving a motor vehicle; or
- (6) other conduct that creates an imminent public danger or threatens serious harm to persons or property.
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