IN THE SUPREME COURT OF THE STATE OF ALASKA

                         ORDER NO. 1267

                                   Amending Criminal Rule 41
                                   concerning bail.

IT IS ORDERED:

     1.   Criminal Rule 41 is amended to include new paragraphs (b)
and (c) which provide:

               (b)  Misdemeanor Bail Schedule.  (1)  The
          presiding judge of each judicial district may
          adopt, under Administrative Rule 46, a
          misdemeanor bail schedule for use in each
          community within that district.  Before
          adopting a schedule for a community, the
          presiding judge shall consult with the
          judicial officers in that community who
          regularly set bail in misdemeanor cases.  

               (2)  Any order adopting a misdemeanor
          bail schedule must provide that the arresting
          police agency may apply to a judicial officer
          for a different bail.  The order must also
          provide that a judicial officer must be
          contacted at the defendant's request if the
          defendant is immediately unable to post the
          scheduled amount in any case in which
          circumstances exist indicating that protection
          of the public and the defendant's appearance
          at subsequent proceedings can be reasonably
          assured by one of the following:

               (A)  release on personal recognizance;

               (B)  release on other appropriate
          conditions;

               (C)  the execution of an unsecured
          appearance bond in an amount equal to or less
          than the scheduled bail amount, and the
          deposit in cash or other security of not more
          than 10 per cent of the amount of the bond; or

               (D)  the execution of a bail bond in an
          amount less than the scheduled bail amount,
          secured by cash or other solvent sureties.  

               (3)  A misdemeanor bail schedule may not
          be set for crimes involving domestic violence
          as defined in AS 18.66.990 or for the crime of
          stalking under AS 11.41.270.

               (c)  Other Bail Schedules.  No bail
          schedule shall be established for felonies.


     2.   Existing paragraphs (b) through (d) of Criminal Rule 41 

are relettered (d) through (f) respectively.




DATED:         April 17, 1997       

EFFECTIVE DATE:     July 15, 1997   



                                   _______________________________
                                   Chief Justice Compton


                                   _______________________________
                                   Justice Matthews


                                   _______________________________
                                   Justice Eastaugh


                                   _______________________________
                                   Justice Fabe
     

                                   _______________________________
                                   Justice Bryner