person giving or pledging the security shall have 30 days from

the date of the petition for forfeiture in which to file a written notice of an intent to contest the forfeiture. The notice shall be served on the prosecuting attorney. If the notice is filed by the defendant, it shall also be served on any person giving or pledging the security. If the notice is filed by a person giving or pledging security, it shall also be served on the defendant and the defendant’s attorney. If no notice is filed, the court shall deem the allegations admitted and shall forfeit the security. (4) Hearing. If the defendant or the person giving or pledging the security gives notice that the forfeiture is contested, the court shall schedule a hearing within 45 days of the filing of the notice. However, if the defendant has been charged with the offense of violation of a condition of release under state or municipal law, or has been charged with a new criminal offense, the court shall not hold a hearing on the petition for forfeiture until the criminal charges are resolved. (5) Disposition. The prosecuting attorney has the burden of proving by a preponderance of the evidence that the defendant violated a condition of the performance bond knowingly or with reckless disregard for the fact that the conduct violated the condition. If the court finds that the defendant violated a condition of the performance bond, then the court may forfeit all or part of the security. If the defendant is found guilty or enters a plea of guilty to the crime of violation of a condition of release under state or municipal law, or to a new criminal offense, the court shall consider the finding or plea conclusive evidence that the defendant violated these conditions of the performance bond. An appeal may be taken from the judgment of forfeiture in the manner of other appeals. (6) No Effect on Bail. Nothing in this rule is intended to affect procedures regarding bail release or remand. (Adopted by SCO 4 October 4, 1959; amended by SCO 79 effective February 1, 1966; by SCO 90 effective July 24, 1967; amended by SCO 157 effective February 15, 1973; by SCO 821 effective August 1, 1987; by SCO 864 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1267 effective July 15, 1997; by SCO 1419 effective February 8, 2001; by SCO 1732 effective nunc pro tunc to July 1, 2010; and by SCO 1829 effective October 15, 2014; by SCO 1913 effective January 1, 2018; by SCO 1935 nunc pro tunc January 1, 2018; by SCO 1939 nunc pro tunc June 15, 2018; and by SCO 1985 effective July 14, 2022) Note: Chapter 19, sections 25, 26, and 27, SLA 2010 (HB 324), effective July 1, 2010, amended Criminal Rule 41(a), (b), and (c) relating to release before trial, before sentence, and pending appeal, as reflected in section 1 of this Order. The changes to Criminal Rule 41 are adopted for the sole reason that the legislature has mandated the amendments. Note: Chapter 36, SLA 2016 (SB 91) enacted a number of changes relating to criminal procedure. According to section 180(a) of the Act, AS 12.30.011, as repealed and reenacted by section 59 of the Act, has the effect of changing Criminal Rule 41, effective January 1, 2018, by changing and establishing release conditions for certain defendants, providing for recommendations by pretrial services officers of release conditions based on a pretrial risk assessment score, providing that a court shall order the release of a person under certain circumstances, and providing new procedures for use of appearance, surety, and performance bonds. According to section 180(e) of the Act, AS 33.07, enacted by section 117 of the Act, has the effect of changing Criminal Rule 41, effective January 1, 2018, by establishing pretrial services officers and procedures and duties for pretrial services officers as officers of the superior and district courts, for the purposes of performing risk assessments and making pretrial recommendations to the court regarding a person’s pretrial release and bail conditions. Note: Chapter 22, SLA 2018 (HB 312) enacted a number of changes to criminal laws, including laws affecting bail. According to section 29 of the Act, AS 12.30.011, as amended by sections 11 - 15 of the Act, have the effect of changing Criminal Rule 41, effective June 15, 2018, by changing the conditions of release for certain defendants.