The Pretrial Enforcement Division enhances public safety by supervising defendants placed in the community while waiting for a resolution of their criminal case.
There are three main legal principles of pretrial justice services:
- To honor the Constitutional right of the presumption of innocence
- To honor an individual's right to bail and to non-excessive bail
- To honor an individual's right against self-incrimination
Once a defendant is charged with a crime, the Pretrial Enforcement Division will use a data-based, validated risk assessment tool to make a recommendation to the court. The recommendation is based on two factors: the likelihood that the defendant will attend their court hearings and the likelihood that the defendant will engage in new criminal activity if released. But ultimately, the decision is up to the judge.
There are three main goals of the pretrial release decision:
- To assure public safety
- To assist the courts with the fair administration of justice for victims and defendants
- To increase opportunities for a defendant to remain in the community while awaiting resolution of their case
You'll need to report to your pretrial officer and comply with the conditions of release set by the judge.
The Pretrial Enforcement Division must notify the court and request a bail review if you don't comply with the conditions of release. Non-compliance, which includes failing to appear for a court hearing, could lead to an immediate arrest, or an arrest warrant.
No, we discourage defendants from discussing their cases with pretrial officers. Defendants are not required to admit guilt to be placed on pretrial supervision.
The conditions of release remain in effect until the charges are resolved -- dismissed, discharged, sentenced or acquitted.
A pretrial defendant may not leave Alaska without permission from the court.
Although the court might not mandate you to use or complete treatment, and/or other support services, our officers are prepared to connect you with community resources across the state that can provide those services.
Alaska has primary pretrial offices that cover each of the judicial districts, referred to as "central" offices. In places without a central office, other law enforcement entities may supervise those on pretrial custody status. So, call a central office and they'll connect you to the appropriate satellite office.
No, many states have been providing pretrial services for years, and the idea has been discussed in Alaska for decades. The criminal justice reform initiative of 2016 launched the establishment of the Pretrial Enforcement Division. However, before its creation some defendants were already being released into the community, on bail, while they waited for a resolution of their case. But others who couldn't afford bail were kept in custody. This division assures that anyone released before their case is resolved is supervised and compliant with release conditions, and that a defendant's pretrial placement is fairly determined, and based on fact, instead of their ability to make bail.