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Title 33. Probation, Prisons, Pardons, And Prisoners


Published: 2015

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Sec. 32.11.830. Specified office and agent.

 (a) A limited partnership shall continuously maintain in this state

 (1) an office, which may but need not be a place of its business in this state, at which shall be kept the records required by AS 32.11.840 to be maintained; and

 (2) an agent for service of process on the limited partnership, which agent must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state.

 (b) A limited partnership may change its registered office, registered agent, or both, by filing with the department a statement signed by a general partner stating

 (1) the name of the limited partnership;

 (2) the address of its registered office;

 (3) the address of its new registered office if the registered office is being changed;

 (4) the name of its registered agent;

 (5) the name of its new registered agent if the registered agent is being changed; and

 (6) a statement that the change has been approved by all of the general partners.

Sec. 32.11.835. Amendment of partnership agreement.

Unless the partnership agreement provides otherwise, a partnership agreement may not be amended except with the unanimous consent of all partners.

Sec. 32.11.840. Records to be kept.

 (a) A limited partnership shall keep at the office referred to in AS 32.11.830 (a)(1) the following:

 (1) a current list of the full name and last known business address of each partner, separately identifying the general partners in alphabetical order and the limited partners in alphabetical order;

 (2) a copy of the certificate of limited partnership and all certificates of amendment to it, together with executed copies of a power of attorney under which a certificate has been executed;

 (3) copies of the limited partnership's federal, state, and local income tax returns and reports, if any, for the three most recent years;

 (4) copies of a then-effective written partnership agreement and of a financial statement of the limited partnership for the three most recent years;

 (5) unless contained in a written partnership agreement, a writing setting out

 (A) the amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and that each partner has agreed to contribute;

 (B) the times at which or events on the happening of which additional contributions agreed to be made by each partner are to be made;

 (C) the right of a partner to receive, or of a general partner to make, distributions to a partner that include a return of all or a part of the partner's contribution;

 (D) events upon the happening of which the limited partnership is to be dissolved and its affairs wound up; and

 (6) a copy of any statement of merger, interest exchange, conversion, or domestication filed under AS 10.55 (Alaska Entity Transactions Act).

 (b) Records kept under this section are subject to inspection and copying at the reasonable request and at the expense of a partner during ordinary business hours.

Sec. 32.11.850. Nature of business.

A limited partnership may carry on business that a partnership without limited partners may carry on.

Sec. 32.11.860. Business transactions of partner with partnership.

Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations as a person who is not a partner.

Sec. 32.11.870. Filing fees.

A domestic or foreign limited partnership that files a certificate of limited partnership, amendment, cancellation, or registration, or other application with the department, shall pay to the commissioner a filing fee established by the department by regulation. The filing fee must be uniform and fixed.

Sec. 32.11.890. Rules for cases not covered by chapter.

In a case not provided for in this chapter, the provisions of AS 32.06 govern, except as provided by AS 10.55 (Alaska Entity Transactions Act).

Sec. 32.11.900. Definitions.

In this chapter, unless the context otherwise requires,

 (1) "certificate of limited partnership" means the certificate referred to in AS 32.11.010 and the certificate as amended or restated;

 (2) "commissioner" means the commissioner of commerce, community, and economic development;

 (3) "contribution" means cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, that a partner contributes to a limited partnership as a partner;

 (4) "department" means the Department of Commerce, Community, and Economic Development;

 (5) "event of withdrawal of a general partner" means an event that causes a person to cease to be a general partner under AS 32.11.160 ;

 (6) "foreign limited partnership" means a partnership formed under the laws of a state other than this state and having as partners one or more general partners and one or more limited partners;

 (7) "general partner" means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner;

 (8) "limited partner" means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement;

 (9) "limited partnership" except when used in the phrases "foreign limited partnership" and "foreign limited liability limited partnership," and "domestic limited partnership" mean a partnership formed by two or more persons under this chapter, or that becomes subject to this chapter, and having one or more general partners and one or more limited partners;

 (10) "partner" means a limited or general partner;

 (11) "partnership agreement" means a valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business;

 (12) "partnership interest" means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets;

 (13) "state" means a state, territory, or possession of the United States, District of Columbia, or Commonwealth of Puerto Rico.

Sec. 32.11.990. Short title.

This chapter may be cited as the Alaska Revised Limited Partnership Act.

Title 33. PROBATION, PRISONS, PARDONS, AND PRISONERS
Chapter 33.05. PROBATION ADMINISTRATION ACT

Sec. 33.05.010. Powers of commissioner.

The commissioner shall administer a probation system and enforce the probation laws in the superior court.

Sec. 33.05.020. Duties of commissioner; probation officers and personnel; ignition interlock devices.

 (a) The commissioner shall appoint and make available to the superior court, when ordered under AS 12.55.015 (a), a qualified probation officer for the active supervision of a person placed on probation for a felony offense. The commissioner may provide active supervision to a person placed on probation for a misdemeanor offense.

 (b) The commissioner shall fix probation officers' and assistants' salaries, assign them to the various judicial districts, and shall provide for their necessary expenses including clerical services and travel. The commissioner may assign to all probation officers and personnel any duties concerning the administration of the parole system as provided in AS 33.16.

 (c) The commissioner shall by regulation

 (1) establish standards for calibration, certification, maintenance, and monitoring of ignition interlock devices required as a condition of probation or as part of a sentence under AS 12.55.102 or another statute; and

 (2) establish a fee to be paid by the manufacturer for the cost of certifying an ignition interlock device.

 (d) The regulations in (c) of this section must require that the ignition interlock device operate reliably over the range of automobile environments, otherwise known as automobile manufacturing standards, for the geographic area for which the device is certified.

 (e) The commissioner shall notify the manufacturer of the ignition interlock device when the device is certified. The commissioner may not certify an ignition interlock device unless the device prominently displays a label warning that a person circumventing or tampering with the device violates AS 11.76.140 and may be imprisoned and fined.

 (f) The commissioner shall establish a program for offenders on probation for a felony offense who have conditions of probation that include not consuming controlled substances or alcoholic beverages and who have been identified as being at moderate to high risk as identified by a risk-needs assessment. The commissioner shall adopt regulations to implement the program. The program shall

 (1) include random testing for controlled substances and alcoholic beverage use;

 (2) require that the probation officer file a petition with the court seeking appropriate sanctions by the close of the next business day if a probationer

 (A) fails to appear for an appointment as directed by the probation officer; or

 (B) tests positive for the use of controlled substances, inhalants, or alcoholic beverages; and

 (3) include a means to notify the court, by the close of the next business day, that a petition to revoke probation has been filed on a probationer placed in the program by the commissioner so that the court may review the petition, schedule a prompt hearing, address a request for a warrant provided by the probation officer, or take other action the court considers appropriate.

Sec. 33.05.030. Probation officers as officers of court.

 (a) All probation officers made available to the courts under this chapter shall be officers of the superior court and subject to the authority of the superior court.

 (b) The appointment of a probation officer shall be entered on the journal of the court in the judicial district where the probation officer shall be assigned, and one copy of the journal entry sent to the administrative director of the Alaska Court System.

Sec. 33.05.040. Duties of probation officers.

A probation officer shall

 (1) furnish to each probationer under the supervision of the officer a written statement of the conditions of probation and shall instruct the probationer regarding the same;

 (2) keep informed concerning the conduct and condition of each probationer under the supervision of the officer and shall report on the probationer to the court placing such person on probation;

 (3) use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition;

 (4) keep records of the probation work, keep accurate and complete accounts of all money collected from persons under the supervision of the officer, give receipts for money collected and make at least monthly returns of it, make the reports to the court and the commissioner required by them, and perform other duties the court may direct;

 (5) perform such duties with respect to persons on parole as the commissioner shall request, and in such service shall be termed a parole officer.

Sec. 33.05.050. Report of probation officer.

When directed by the court, the probation officer shall report to the court with a statement of the conduct of the probationer while on probation. Except as otherwise provided by law, the court may then discharge the probationer from further supervision and may terminate the proceedings against the probationer, or may extend the probation, as shall seem advisable.

Sec. 33.05.060. Transfer of jurisdiction over probationer.

Whenever during the period of probation, a probationer goes from the judicial district in which the probationer is being supervised to another judicial district, jurisdiction over the probationer may be transferred, in the discretion of the court, from the court for the district from which the probationer goes to the court for the other district, with the concurrence of the latter court. Thereupon the court for the district to which jurisdiction is transferred shall have all power with respect to the probationer that was previously possessed by the court for the district from which the transfer is made, except that the period of probation may not be changed without the consent of the sentencing court. This process under the same conditions may be repeated whenever during the period of probation the probationer goes from the district in which the probationer is being supervised to another district.

Sec. 33.05.070. Arrest of probationer.

 (a) At any time within the probation period, the probation officer may for cause arrest the probationer whenever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by AS 12.55.080 and 12.55.090, the court for the district in which the probationer is being supervised or, if the probationer is no longer under supervision, the court for the district in which the probationer was last under supervision may issue a warrant for the probationer's arrest for violation of probation occurring during the probation period. The warrant may be executed in any district by the probation officer or any peace officer in the district in which the warrant was issued or of any district in which the probationer is found. If the probationer is arrested in any district other than that in which the probationer was last supervised, the probationer shall be returned to the district in which the warrant was issued, unless jurisdiction over the probationer is transferred as above provided to the district in which the probationer is found, and in that case the probationer shall be detained pending further proceedings in that district.

 (b) As speedily as possible after arrest, the probationer shall be taken before the court for the district having jurisdiction over the probationer. Except as provided in AS 12.55.090 (f), the court may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086 (c).

 (c) At any time within the probation period, a police officer certified by the Alaska Police Standards Council may detain a probationer if the police officer has reasonable suspicion that the probationer has recently violated or may imminently violate a probation condition relating to one of the topics set out in (d) of this section. The police officer may also arrest the probationer without a warrant if the police officer has probable cause to believe that the probationer has violated a probation condition relating to one of the topics set out in (d) of this section.

 (d) The conditions that permit a police officer to detain or arrest a probationer or parolee without a warrant under AS 33.16.240 and (c) of this section are those conditions imposed by the court, or the parole board, relating to

 (1) geographic limitations on the probationer's movements;

 (2) possessing or consuming controlled substances under state or federal law;

 (3) possessing firearms;

 (4) possessing or consuming alcoholic beverages, or being in a place where they are sold or served;

 (5) operating or driving a motor vehicle; or

 (6) other conduct that creates an imminent public danger or threatens serious harm to persons or property.

Sec. 33.05.080. Definitions.

In this chapter, unless the context otherwise requires,

 (1) "commissioner" means the commissioner of corrections or the designee of the commissioner;

 (2) "probation," except as authorized under AS 12.55.086 , is a procedure under which a defendant, found guilty of a crime upon verdict or plea, is released by the superior court subject to conditions imposed by the court and subject to the supervision of the probation service as provided in this chapter.

Sec. 33.05.090. Short title.

This chapter may be cited as the Probation Administration Act.