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(a) When a person is arrested for an offense, with or without a warrant, fingerprints of the person may be taken by the law enforcement agency with custody of the person. If the law enforcement agency with custody of the person does not take the fingerprints, the person's fingerprints shall be taken by the correctional facility where the person is lodged following the arrest.
(b) At the initial court appearance or arraignment of a person for an offense, the court shall determine if the person's fingerprints have been taken in connection with the offense. If the court is unable to conclusively determine that the person's fingerprints have been taken, the court shall order the person to submit to fingerprinting within 24 hours at the appropriate correctional facility or another place for taking fingerprints that is more appropriate.
(c) When a defendant is sentenced or otherwise adjudicated for an offense, the court shall determine if legible fingerprints have been taken in connection with the proceedings. If the court is unable to conclusively determine that legible fingerprints have been taken, the court shall order that the defendant, as a condition of sentence, adjudication, suspended imposition of sentence, probation, or release, submit to fingerprinting within 24 hours at the appropriate correctional facility or another place for taking fingerprints that is more appropriate.
(d) The Department of Public Safety shall develop standard forms and procedures for the taking of fingerprints under this section. Fingerprints shall be
(1) taken on a form, and in the manner, prescribed by the Department of Public Safety; and
(2) forwarded within five working days to the Department of Public Safety.
(e) When the Department of Public Safety receives fingerprints of a person in connection with an offense, the Department of Public Safety shall make a reasonable effort to confirm the identity of the person fingerprinted. If the Department of Public Safety finds that the person fingerprinted has criminal history record information under a name other than the name submitted with the fingerprints, the Department of Public Safety shall promptly notify the officer, agency, or facility that took the fingerprints.
(f) If the arresting officer, the law enforcement agency that employs the officer, or the correctional facility where fingerprints were taken is notified by the Department of Public Safety that fingerprints taken under this section are not legible, the officer, agency, or facility shall make a reasonable effort to obtain a legible set of fingerprints. If legible fingerprints cannot be obtained within a reasonable period of time, and if the illegible fingerprints were taken under a court order, the officer or agency shall inform the court, which shall order the defendant to submit to fingerprinting again.
(g) In this section,
(1) “correctional facility” has the meaning given in AS 33.30.901;
(2) “offense” means conduct subjecting a person to arrest as an adult offender, or as a juvenile charged as an adult,
(A) due to a violation of a federal or state criminal law, the Military Code of Alaska, or a municipal criminal ordinance;
(B) under AS 12.25.180;
(C) under AS 11.56.730; or
(D) under AS 12.70.
Cite this article: FindLaw.com - Alaska Statutes Title 12. Code of Criminal Procedure § 12.80.060. Fingerprinting - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-12-code-of-criminal-procedure/ak-st-sect-12-80-060.html
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