(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.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 25. Arrests and Citations
Sec. 12.25.010. Persons authorized to arrest.
Sec. 12.25.020. Judge or magistrate may order arrest.
Sec. 12.25.030. Grounds for arrest by private person or peace officer without warrant.
Sec. 12.25.031. Alternative to arrest.
Sec. 12.25.035. Arrest without warrant by state trooper when judicial officer is unavailable.
Sec. 12.25.040. Taking before judge or magistrate person arrested by bystander.
Sec. 12.25.050. Method of making arrest.
Sec. 12.25.060. Method of arrest by officer without warrant.
Sec. 12.25.070. Limitation on restraint in arrest.
Sec. 12.25.090. Peace officer's authority to summon aid to make arrest.
Sec. 12.25.100. Breaking into building or vessel to effect arrest.
Sec. 12.25.110. Breaking open building or vessel to liberate.
Sec. 12.25.120. Retaking escaped prisoner.
Sec. 12.25.140. Property taken from defendant on arrest.