In Torgerson v. State,[1] the court of appeals held that a judicial officer must assess a defendant’s conditions of relief at a first bail review hearing. Torgerson was charged with sexual abuse of a minor in the district court. The judge imposed non-monetary conditions agreed to by the parties, but also set a higher monetary bail than requested by the prosecutor. The prosecutor asked the court to set the bail at $25,000 cash or corporate appearance bond and a $25,000 cash performance bond. Without explanation, the court imposed $50,000 cash or corporate appearance and a $50,000 cash performance bond. Torgerson’s attorney requested a bail hearing, and the superior court denied Torgerson’s proposal for lowered bail. The court of appeals remanded the case for a new bail hearing, holding that the state statute that sets out the right to a first bail hearing requires an independent assessment of bail conditions. The court reasoned that the requirement allows the court an opportunity to explain its decision, so it is required to conduct an independent assessment. Because the superior court did not conduct the required assessment and did not set forth an explanation for the bail conditions, the case was remanded for independent review. The court of appeals held the court was required to independently assess a defendant’s bail conditions at a first bail review hearing.
[1] 444 P.3d 235 (Alaska Ct. App. 2019).
