Alaska Statutes
Alaska Stat. § 12.70.140 (2026)
Commitment to await requisition
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 12.70.140. Commitment to await requisition.
If at the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under AS 12.70.050, that the person has fled from justice, the judge or magistrate shall commit the person to jail for not more than 30 days, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in AS 12.70.150, or until legally discharged. The commitment by the judge or magistrate shall be by a warrant that shall recite the following:
(1) the accusation against the accused;
(2) the fact that the commitment is for a time as will enable the arrest of the accused to be made under a warrant of the governor of this state; and
(3) that in any event the commitment shall be for not more than 30 days.
If at the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under AS 12.70.050, that the person has fled from justice, the judge or magistrate shall commit the person to jail for not more than 30 days, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in AS 12.70.150, or until legally discharged. The commitment by the judge or magistrate shall be by a warrant that shall recite the following:
(1) the accusation against the accused;
(2) the fact that the commitment is for a time as will enable the arrest of the accused to be made under a warrant of the governor of this state; and
(3) that in any event the commitment shall be for not more than 30 days.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1976–2023 · leading case: Levick v. Smedley, 553 P.2d 482 (Alaska 1976).
Levick v. Smedley, 553 P.2d 482 (Alaska 1976). “Likewise, the fact that he may have been detained for several days beyond the thirty day commitment period authorized by AS 12.70.140, prior to issuance of the governor’s warrant, did not entitle Levick to be released on a writ of ha-beas corpus.”
Laverty v. State, 963 P.2d 1076 (Alaska Ct. App. 1998). “He also contended that it was fundamentally unfair to subject him to an extended period of incarceration since he had been held without bail one hundred and sixty-five days, in violation of AS 12.70.140 and AS 12.70.160, while the first extradition attempt was litigated.”
Adam Phillip Ives v. State of Alaska, No. A13900 (Alaska Ct. App. Mar. 31, 2023). “Ives also argued that AS 12.70.140 and AS 12.70.160 limit an accused person’s detention without a governor’s warrant to a single ninety-day period at most, not renewable ninety-day periods accomplished by re-arresting and re-charging a previously discharged prisoner.”
Adam Phillip Ives v. State of Alaska, 536 P.3d 757 (Alaska Ct. App. 2023). “Ives also argued that AS 12.70.140 and AS 12.70.160 limit an accused person’s detention without a governor’s warrant to a single ninety-day period at most, not renewable ninety-day periods accomplished by re-arresting and re-charging a previously discharged prisoner.”
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