Alaska Statutes
Alaska Stat. § 12.25.150 (2026)
Rights of prisoner after arrest
✓ current as of July 2026
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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.
(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.
Notes of Decisions
Cited in 46
cases (1 in the last 5 years), 1967–2021 · leading case: Copelin v. State, 659 P.2d 1206 (Alaska 1983).
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “*1210 AS 12.25.150 sets forth the rights of a prisoner after arrest.”
Zsupnik v. State, 789 P.2d 357 (Alaska 1990). “Facts from the record show that Zsupnik, then age 21, made four separate requests to telephone her uncle. All were denied. Zsupnik's fourth request was specific: she wanted to call her uncle to ask for advice as to "what to do.”
Smith v. State, 948 P.2d 473 (Alaska 1997). “The court found that while O'Brien had violated Smith's right to make a telephone call under AS 12.25.150, O'Brien obtained Smith's address by checking his license plate number before she questioned him.”
Farrell v. Mun. of Anchorage, 682 P.2d 1128 (Alaska Ct. App. 1984). “Criminal Rule 5(b) is substantially similar to AS 12.25.150(b), but specifically provides for a “private” visit.”
Wardlow v. State, 2 P.3d 1238 (Alaska Ct. App. 2000). “Ward-low relies on AS 12.25.150(b), which states *1249 that "(Immediately after [being arrested], a prisoner shall have the right to telephone or otherwise communicate with the prisoner's attorney and any relative or friend".”
State of Iowa v. Robert A. Davis, 922 N.W.2d 326 (Iowa 2019). “Alaska Stat. Ann. § 12.25.150 (b) (West, Westlaw current through 2018 Reg.”
Winfrey v. State, 78 P.3d 725 (Alaska Ct. App. 2003). “1 He appeals, claiming that the district court erred when it denied his motion to suppress the results of the breath test after finding that state troopers had interfered with his right to make a phone call under AS 12.25.150(b). He also claims that the district court erred when…”
Sovalik v. State, 612 P.2d 1003 (Alaska 1980). “4 Likewise, we do not believe that the delay in presentment of Sovalik to a magistrate as required by AS 12.25.150(a) 5 and Alaska Rule of Criminal Procedure 5(a)(1) 6 renders the confessions involuntary.”
Jereme Roesing v. Dir. of Revenue, State of Missouri, 573 S.W.3d 634 (Mo. 2019). “…after an arrest, a prisoner shall have the right to telephone or otherwise communicate with his attorney." Alaska Stat. § 12.25.150 (b) (1984).”
Whisenhunt v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 746 P.2d 1298 (Alaska 1987). “2 The right to counsel recognized in Copelin is based on AS 12.25.150(b) 3 and *1299 on Criminal Rule 5(b).”
State v. Wallace, 25 So. 3d 720 (La. 2009). “See Alaska Stat. § 12.25.150 (24 hours, with criminal penalties for non-compliance); Ariz.”
Commonwealth v. McCoy, 975 A.2d 586 (Pa. 2009). “The following states recognize a limited, statutory-based right to counsel: Alaska, Alaska Stat. § 12.25.150 (b); Copelin v. State, 659 P.”
— Alaska Stat. § 12.25.150(a) — 1 case
Sovalik v. State, 612 P.2d 1003 (Alaska 1980). “4 Likewise, we do not believe that the delay in presentment of Sovalik to a magistrate as required by AS 12.25.150(a) 5 and Alaska Rule of Criminal Procedure 5(a)(1) 6 renders the confessions involuntary.”
— Alaska Stat. § 12.25.150(b) — 31 cases
Zsupnik v. State, 789 P.2d 357 (Alaska 1990). “Facts from the record show that Zsupnik, then age 21, made four separate requests to telephone her uncle. All were denied. Zsupnik's fourth request was specific: she wanted to call her uncle to ask for advice as to "what to do.”
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “*1210 AS 12.25.150 sets forth the rights of a prisoner after arrest.”
Farrell v. Mun. of Anchorage, 682 P.2d 1128 (Alaska Ct. App. 1984). “Criminal Rule 5(b) is substantially similar to AS 12.25.150(b), but specifically provides for a “private” visit.”
Wardlow v. State, 2 P.3d 1238 (Alaska Ct. App. 2000). “Ward-low relies on AS 12.25.150(b), which states *1249 that "(Immediately after [being arrested], a prisoner shall have the right to telephone or otherwise communicate with the prisoner's attorney and any relative or friend".”
Winfrey v. State, 78 P.3d 725 (Alaska Ct. App. 2003). “1 He appeals, claiming that the district court erred when it denied his motion to suppress the results of the breath test after finding that state troopers had interfered with his right to make a phone call under AS 12.25.150(b). He also claims that the district court erred when…”
— Alaska Stat. § 12.25.150(c) — 3 cases
Zsupnik v. State, 789 P.2d 357 (Alaska 1990). “Facts from the record show that Zsupnik, then age 21, made four separate requests to telephone her uncle. All were denied. Zsupnik's fourth request was specific: she wanted to call her uncle to ask for advice as to "what to do.”
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “*1210 AS 12.25.150 sets forth the rights of a prisoner after arrest.”
J.R.N. v. State, 809 P.2d 416 (Alaska Ct. App. 1991).
— Alaska Stat. § 12.25.150(d) — 1 case
Copelin v. State, 659 P.2d 1206 (Alaska 1983). “*1210 AS 12.25.150 sets forth the rights of a prisoner after arrest.”
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