Alaska

Criminal Procedure

Criminal Procedure

Rule 3 – The Complaint

(a) The complaint is a written statement of the essential facts constituting the offense charged. A citation issued for the commission of a class C felony, misdemeanor or a violation shall have the same force and effect as a complaint and shall be filed as a complaint; provided, that the citation satisfies the requirements of a valid complaint as provided by these rules. A complaint or citation shall be made upon oath or affirmation before any person authorized by law to administer oaths or affirmations, or signed with a certification under penalty of perjury that the complaint or citation is trueNote: 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 Supreme Court Order No. 1732 Page 3 of 5 Effective Date: nunc pro tunc to July 1, 2010 .
(b) A copy of the complaint shall be served upon the defendant at the time of service of the summons, and whenever practicable, upon execution of the warrant.
(c)Defendant and Offense Information To Be Included in Complaint. The complaint must include the following information in the form shown in the sample published at the end of this rule:

(1) the defendant’s full name, including middle name or initial, if known;
(2) the defendant’s date of birth, if known;
(3) the defendant’s Alaska Public Safety Information Network (APSIN) identification number;
(4) the defendant’s driver’s license number or state identification number, if known, including the issuing state and whether the license is a commercial driver’s license;
(5) the arrest tracking number (ATN) on the Criminal Case Intake and Disposition (CCID) form for the incident;
(6) the three-digit charge tracking number assigned on the CCID form to each offense; and
(7) the statute, regulation, or ordinance that the defendant is alleged to have violated, as identified in the Uniform Offense Citation Table. ** Regulations not listed in the Uniform Offense Citation Table must be cited by the regulation number.
(8) if a motor vehicle offense is charged, whether the offense occurred in a traffic safety corridor or a highway work zone as provided in AS 28.90.030; and
(9) if a motor vehicle offense is charged involving the use of a commercial motor vehicle as defined in AS 28.90.990, whether the commercial vehicle weighs more than 26,000 lbs, is designed to transport more than 15 passengers, or is used in the transportation of hazardous materials.
(d)Crimes Involving Domestic Violence. If a defendant is charged with an offense listed in AS 18.66.990, the complaint must indicate whether the prosecuting authority intends to claim that the alleged offense is a crime involving domestic violence as defined in AS 18.66.990(3) and (5).
(e)Search Warrant Information. A complaint must include a listing of the numbers of any search warrants issued in relation to the case, as required by Criminal Rule 37(e)(2).
(f)Information Not To Be Included in Complaint. The defendant’s social security number may not appear on a complaint. This subsection applies to complaints filed on or after October 15, 2006.

** The Uniform Offense Citation table was developed by the Department of Public Safety. Changes to the table must be approved by either the Department of Law or the appropriate municipal prosecuting authority. It is available at http://www.dps.state.ak.us/statewide/uoct/.

Sample First Page of Criminal Complaint

Alaska R. Crim. P. 3

Adopted by SCO 4 October 4, 1959; amended by SCO 85 effective September 1, 1966; by SCO 157 effective February 15, 1973, by SCO 188 effective July 18, 1974, by SCO 317 effective September 1, 1978, by SCO 427 effective August 1, 1980, by SCO 886 effective July 15, 1988; by SCO 902 effective July 15, 1988; by SCO 936 effective January 15, 1989; by SCO 1289 effective January 15, 1998; by SCO 1587 effective December 15, 2005; by SCO 1614 effective October 15, 2006; by SCO 1702 effective October 15, 2011; and by SCO 1738 effective October 15, 2010; amended by SCO 1798 and 1803 effective October 15, 2013; amended by SCO 1926 June 26, 2018, effective July 1, 2018.