Alaska Statutes
Alaska Stat. § 12.30.040 (2026)
Release before sentence; release after conviction
✓ current as of July 2026
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Sec. 12.30.040. Release before sentence; release after conviction.
(a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence, that the person can be released under conditions that will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
(b) A person may not be released under (a) of this section if the person has been convicted of an offense that is
(1) an unclassified or class A felony;
(2) a sexual felony;
(3) a class B felony if the person has been convicted within the previous 10 years of a felony committed in this state or a similar offense committed in another jurisdiction; or
(4) a felony in violation of AS 11.41, and the person has been found guilty but mentally ill.
(c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not be released under this section until the court enters an order vacating all convictions against the person. A person who has prevailed in an application for post-conviction relief may seek release before trial in accordance with the provisions of this chapter.
(a) Except as provided in (b) of this section, a person who has been convicted of an offense and is awaiting sentence or who has filed an appeal may be released under the provisions of this chapter if the person establishes, by clear and convincing evidence, that the person can be released under conditions that will reasonably assure the appearance of the person and the safety of the victim, other persons, and the community.
(b) A person may not be released under (a) of this section if the person has been convicted of an offense that is
(1) an unclassified or class A felony;
(2) a sexual felony;
(3) a class B felony if the person has been convicted within the previous 10 years of a felony committed in this state or a similar offense committed in another jurisdiction; or
(4) a felony in violation of AS 11.41, and the person has been found guilty but mentally ill.
(c) A person who has been convicted of an offense and who has filed an application for post-conviction relief may not be released under this section until the court enters an order vacating all convictions against the person. A person who has prevailed in an application for post-conviction relief may seek release before trial in accordance with the provisions of this chapter.
Notes of Decisions
Cited in 32
cases, 1974–2017 · leading case: Griffith v. State, 641 P.2d 228 (Alaska Ct. App. 1982).
Griffith v. State, 641 P.2d 228 (Alaska Ct. App. 1982). “030(b) or AS 12.30.040, relating to the release of a criminal defendant prior to the entry of final judgment, shall be determined promptly.”
State v. Wassillie, 606 P.2d 1279 (Alaska 1980). “The state based its motion on the provisions of AS 12.30.040(b). That statute provides: Notwithstanding the provisions of (a) of this section, if the offense a person has been convicted of is first degree murder, armed robbery, kidnapping, or rape (as defined in AS 11.”
Parker v. State, 667 P.2d 1272 (Alaska Ct. App. 1983). “The statute provides: AS 12.30.040. Release After Conviction. (a) A person who has been convicted of an offense and is awaiting sentence, or who has filed an appeal shall be treated in accordance with provisions of AS 12.”
Hosier v. State, 957 P.2d 1360 (Alaska Ct. App. 1998). “1 Under the Alaska statute that governs bail release following conviction, AS 12.30.040, the superior court is prohibited from granting bail pending appeal to any person convicted of a felony if (1) their present offense is an unclassified or class A felony, or if (2) they have…”
Bourdon v. State, 28 P.3d 319 (Alaska Ct. App. 2001). “But the wording of AS 12.30.040 undercuts this argument; the statute does not limit itself to convictions that have been tested on appeal.”
Stiegele v. State, 685 P.2d 1255 (Alaska Ct. App. 1984). “There is nothing in the record to suggest that Judge Buckalew would not have released Stiegele on bail pending his sentencing and appeal, if it had not been for AS 12.30.040, which provides: Release after conviction, (a) A person who has been convicted of an offense and is…”
Walker v. State, 652 P.2d 88 (Alaska 1982). “At the time in question, AS 12.30.040 provided: (a) A person who has been convicted of an offense and is awaiting sentence, or who has filed an appeal shall be treated in accordance with the provisions of AS 12.”
State v. Dobrova, 694 P.2d 157 (Alaska 1985). “AS 12.30.040 provides: Release after conviction.”
Michael v. State, 115 P.3d 517 (Alaska 2005). “[14] The unique procedural circumstances at issue here raise a question whether due process would be violated if AS 12.30.040(b) and AS 11.41.410(b) were interpreted to bar Michael's release pending proceedings on remand.”
Larson v. State, 688 P.2d 592 (Alaska Ct. App. 1984). “020 or AS 12.30.040 for another felony conviction.”
Kwallek v. State, 658 P.2d 794 (Alaska Ct. App. 1983). “” 2 AS 12.30.040 does not expressly extinguish any right to bail.”
State v. Judson, 45 P.3d 329 (Alaska Ct. App. 2002). “Consequently, the court's order was governed by AS 12.30.040, which regulates a defendant's release after conviction, not by the bail release statute.”
— Alaska Stat. § 12.30.040(a) — 12 cases
Griffith v. State, 641 P.2d 228 (Alaska Ct. App. 1982). “030(b) or AS 12.30.040, relating to the release of a criminal defendant prior to the entry of final judgment, shall be determined promptly.”
Walker v. State, 652 P.2d 88 (Alaska 1982). “At the time in question, AS 12.30.040 provided: (a) A person who has been convicted of an offense and is awaiting sentence, or who has filed an appeal shall be treated in accordance with the provisions of AS 12.”
State v. Dobrova, 694 P.2d 157 (Alaska 1985). “AS 12.30.040 provides: Release after conviction.”
Hosier v. State, 957 P.2d 1360 (Alaska Ct. App. 1998). “1 Under the Alaska statute that governs bail release following conviction, AS 12.30.040, the superior court is prohibited from granting bail pending appeal to any person convicted of a felony if (1) their present offense is an unclassified or class A felony, or if (2) they have…”
Parker v. State, 667 P.2d 1272 (Alaska Ct. App. 1983). “The statute provides: AS 12.30.040. Release After Conviction. (a) A person who has been convicted of an offense and is awaiting sentence, or who has filed an appeal shall be treated in accordance with provisions of AS 12.”
— Alaska Stat. § 12.30.040(b) — 11 cases
Griffith v. State, 641 P.2d 228 (Alaska Ct. App. 1982). “030(b) or AS 12.30.040, relating to the release of a criminal defendant prior to the entry of final judgment, shall be determined promptly.”
State v. Wassillie, 606 P.2d 1279 (Alaska 1980). “The state based its motion on the provisions of AS 12.30.040(b). That statute provides: Notwithstanding the provisions of (a) of this section, if the offense a person has been convicted of is first degree murder, armed robbery, kidnapping, or rape (as defined in AS 11.”
Parker v. State, 667 P.2d 1272 (Alaska Ct. App. 1983). “The statute provides: AS 12.30.040. Release After Conviction. (a) A person who has been convicted of an offense and is awaiting sentence, or who has filed an appeal shall be treated in accordance with provisions of AS 12.”
Stiegele v. State, 685 P.2d 1255 (Alaska Ct. App. 1984). “There is nothing in the record to suggest that Judge Buckalew would not have released Stiegele on bail pending his sentencing and appeal, if it had not been for AS 12.30.040, which provides: Release after conviction, (a) A person who has been convicted of an offense and is…”
Hosier v. State, 957 P.2d 1360 (Alaska Ct. App. 1998). “1 Under the Alaska statute that governs bail release following conviction, AS 12.30.040, the superior court is prohibited from granting bail pending appeal to any person convicted of a felony if (1) their present offense is an unclassified or class A felony, or if (2) they have…”
— Alaska Stat. § 12.30.040(b)(1) — 3 cases
Michael v. State, 115 P.3d 517 (Alaska 2005). “[14] The unique procedural circumstances at issue here raise a question whether due process would be violated if AS 12.30.040(b) and AS 11.41.410(b) were interpreted to bar Michael's release pending proceedings on remand.”
Hosier v. State, 957 P.2d 1360 (Alaska Ct. App. 1998). “1 Under the Alaska statute that governs bail release following conviction, AS 12.30.040, the superior court is prohibited from granting bail pending appeal to any person convicted of a felony if (1) their present offense is an unclassified or class A felony, or if (2) they have…”
State v. Titus, 933 P.2d 1165 (Alaska Ct. App. 1997).
— Alaska Stat. § 12.30.040(b)(2) — 5 cases
Bourdon v. State, 28 P.3d 319 (Alaska Ct. App. 2001). “But the wording of AS 12.30.040 undercuts this argument; the statute does not limit itself to convictions that have been tested on appeal.”
Dandova v. State, 72 P.3d 325 (Alaska Ct. App. 2003).
Hosier v. State, 957 P.2d 1360 (Alaska Ct. App. 1998). “1 Under the Alaska statute that governs bail release following conviction, AS 12.30.040, the superior court is prohibited from granting bail pending appeal to any person convicted of a felony if (1) their present offense is an unclassified or class A felony, or if (2) they have…”
Hosier v. State, 976 P.2d 869 (Alaska Ct. App. 1999).
Bowlin v. State, 366 P.3d 534 (Alaska Ct. App. 2016).
— Alaska Stat. § 12.30.040(b)(8) — 1 case
Bowlin v. State, 366 P.3d 534 (Alaska Ct. App. 2016).
— Alaska Stat. § 12.30.040(c) — 2 cases
State v. Shetters, 246 P.3d 338 (Alaska Ct. App. 2010).
State v. Shetters, 246 P.3d 338 (Alaska Ct. App. 2010).
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