00 CS FOR HOUSE BILL NO. 441(FIN) 01 "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while 02 under the influence; relating to court-ordered treatment programs for certain offenders 03 and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 28.15.201(d) is amended to read: 07 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 08 a license under AS 28.15.181(c), or the department when revoking a driver's license, 09 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 10 limited license privileges if 11 (1) the revocation was for a misdemeanor conviction under 12 AS 28.35.030(a) and not for a violation of AS 28.35.032; 13 (2) the person has 14 (A) not been previously convicted and the limited license is not 01 granted during the first 30 days of the period of revocation; 02 (B) been previously convicted, the limited license is not 03 granted during the first 90 days of the period of revocation, and 04 (i) the person has successfully completed a court- 05 ordered treatment program under AS 28.35.028 or former 06 AS 28.35.030(p); or 07 (ii) the court or department requires the person to use an 08 ignition interlock device during the period of the limited license; 09 (3) the court or the department determines that 10 (A) the person's ability to earn a livelihood would be severely 11 impaired without a limited license; or 12 (B) the person has successfully completed a court-ordered 13 treatment program described under AS 28.35.028 or former AS 28.35.030(p) 14 and the person's ability to earn a livelihood, attend school, or provide for 15 family health would be severely impaired without a limited license; 16 (4) the court or the department determines that a limitation under (a) of 17 this section can be placed on the license that will enable the person to earn a livelihood 18 without excessive danger to the public; 19 (5) the court or the department determines that the person is enrolled in 20 and is in compliance with or has successfully completed the alcoholism screening, 21 evaluation, referral, and program requirements of the Department of Health and Social 22 Services under AS 28.35.030(h); and 23 (6) the person has not been previously convicted under 24 AS 28.15.291(a)(2), AS 28.35.030, or 28.35.032 while driving or operating a vehicle, 25 aircraft, or watercraft under a limited license issued under this section. 26  * Sec. 2. AS 28.35 is amended by adding a new section to article 2 to read: 27 Sec. 28.35.028. Court-ordered treatment for persons charged with a  28 violation of AS 28.35.030 or 28.35.032. (a) Notwithstanding another provision of 29 law, with the consent of the state and the defendant, the court may elect to proceed in a 30 criminal case under AS 28.35.030 or 28.35.032, including the case of a defendant 31 charged with violating the terms of probation, under the procedure provided in this 01 section and order the defendant to complete a court-ordered treatment program. The 02 state may not consent to a referral under this subsection unless the state has consulted 03 with the victim and explained the process and consequences of the referral to the 04 victim. A court may not elect to proceed under this section if the defendant has 05 previously participated in a court-ordered treatment program under this section two or 06 more times. 07 (b) Once the court elects to proceed under this section, the defendant shall 08 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 09 as appropriate. The state and the defendant may enter into a plea agreement to 10 determine the offense or offenses to which the defendant is required to plead. If the 11 court accepts the agreement, the court shall enforce the terms of the agreement. The 12 court shall enter a judgment of conviction for the offense or offenses for which the 13 defendant has pleaded or an order finding that the defendant has violated probation, as 14 appropriate. A judgment of conviction or an order finding a probation violation must 15 set a schedule for payment of restitution owed by the defendant. In a judgment of 16 conviction and on probation conditions that the court considers appropriate, the court 17 may withhold pronouncement of a period of imprisonment or a fine to provide an 18 incentive for the defendant to complete recommended treatment successfully. 19 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 20 mandatory minimum or other sentencing provision applicable to the offense. 21 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 22 other provision of law, the court, at any time after the period when a reduction of 23 sentence is normally available, may consider and reduce the defendant's sentence 24 based on the defendant's compliance with the treatment plan; when reducing a 25 sentence, the court (1) may not reduce the sentence below the mandatory minimum 26 sentence for the offense unless the court finds that the defendant has successfully 27 complied with and completed the treatment plan and that treatment plan approximated 28 the severity of the minimum period of imprisonment, and (2) may consider the 29 defendant's compliance with the treatment plan as a mitigating factor allowing a 30 reduction of a sentence under AS 12.55.155(a). A court entering an order finding the 31 defendant has violated probation may withhold pronouncement of disposition to 01 provide an incentive for the defendant to complete the recommended treatment 02 successfully. 03 (c) If the defendant does not successfully complete the treatment plan imposed 04 by the court under this section, the defendant's no contest or guilty plea or admission 05 to a probation violation to the court shall stand, and the sentence previously imposed 06 shall be executed or, if sentence has not yet been imposed, sentence shall be imposed 07 by the court. 08 (d) Notwithstanding any other provision of law to the contrary, the judge, the 09 state, the defendant, and the agencies involved in the defendant's treatment plan are 10 entitled to information and reports bearing on the defendant's assessment, treatment, 11 and progress. The victim is entitled to periodic reports on the defendant's progress and 12 participation. 13 (e) In addition to other conditions authorized under AS 12.30 or AS 12.55, a 14 court may impose the following conditions of bail or probation: 15 (1) require the defendant to submit to electronic monitoring if the 16 commissioner of corrections agrees to this condition; 17 (2) require the defendant to submit to house arrest. 18 (f) A court shall refer a defendant who is ordered to participate in a treatment 19 program under this section to an alcohol safety action program developed and 20 implemented or designated under AS 47.34.040(21) for screening, referral, and 21 monitoring. 22 (g) In addition to other conditions authorized under AS 12.30, a court may 23 require the defendant to take a drug or combination of drugs intended to prevent the 24 consumption of alcoholic beverages. 25 (h) The Department of Health and Social Services may require treatment 26 providers to make advances to a defendant accepted to the court to cover the initial 27 costs related to the use of Naltrexone if the defendant is otherwise without resources to 28 pay those costs. The court shall require as a condition of probation that the defendant 29 repay the treatment provider. 30 (i) In this section, 31 (1) "court-ordered treatment program" or "treatment plan" means a 01 treatment program for a person who consumes alcohol or drugs and that 02 (A) requires participation for at least 18 consecutive months; 03 (B) includes planning and treatment for alcohol or drug 04 addiction; 05 (C) includes emphasis on personal responsibility; 06 (D) provides in-court recognition of progress and sanctions for 07 relapses; 08 (E) requires payment of restitution to victims and completion 09 of community work service; 10 (F) includes physician approved treatment of physical addiction 11 and treatment of the psychological causes of addiction; 12 (G) includes a monitoring program and physical placement or 13 housing; and 14 (H) requires adherence to conditions of probation; 15 (2) "sentence" or "sentencing" includes a suspended imposition of 16 sentence as authorized under AS 12.55.085. 17  * Sec. 3. AS 28.35.030(b) is amended to read: 18 (b) Except as provided under (n) of this section, driving while under the 19 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 20 misdemeanor. Upon [EXCEPT AS PROVIDED UNDER (p) OF THIS SECTION, 21 UPON] conviction, 22 (1) the court shall impose a minimum sentence of imprisonment of 23 (A) not less than 72 consecutive hours and a fine of not less 24 than $1,500 if the person has not been previously convicted; 25 (B) not less than 20 days and a fine of not less than $3,000 if 26 the person has been previously convicted once; 27 (C) not less than 60 days and a fine of not less than $4,000 if 28 the person has been previously convicted twice and is not subject to 29 punishment under (n) of this section; 30 (D) not less than 120 days and a fine of not less than $5,000 if 31 the person has been previously convicted three times and is not subject to 01 punishment under (n) of this section; 02 (E) not less than 240 days and a fine of not less than $6,000 if 03 the person has been previously convicted four times and is not subject to 04 punishment under (n) of this section; 05 (F) not less than 360 days and a fine of not less than $7,000 if 06 the person has been previously convicted more than four times and is not 07 subject to punishment under (n) of this section; 08 (2) the court may not 09 (A) suspend execution of sentence or grant probation except on 10 condition that the person 11 (i) serve the minimum imprisonment under (1) of this 12 subsection; and 13 (ii) pay the minimum fine required under (1) of this 14 subsection; 15 (B) suspend imposition of sentence; 16 (3) the court shall revoke the person's driver's license, privilege to 17 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 18 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 19 forfeited under AS 28.35.036; and 20 (4) the court may order that the person, while incarcerated or as a 21 condition of probation or parole, take a drug or combination of drugs intended to 22 prevent the consumption of an alcoholic beverage; a condition of probation or parole 23 imposed under this paragraph is in addition to any other condition authorized under 24 another provision of law. 25  * Sec. 4. AS 28.35.032(g) is amended to read: 26 (g) Upon [EXCEPT AS PROVIDED UNDER (r) OF THIS SECTION, 27 UPON] conviction under this section, 28 (1) the court shall impose a minimum sentence of imprisonment of 29 (A) not less than 72 consecutive hours and a fine of not less 30 than $1,500 if the person has not been previously convicted; 31 (B) not less than 20 days and a fine of not less than $3,000 if 01 the person has been previously convicted once; 02 (C) not less than 60 days and a fine of not less than $4,000 if 03 the person has been previously convicted twice and is not subject to 04 punishment under (p) of this section; 05 (D) not less than 120 days and a fine of not less than $5,000 if 06 the person has been previously convicted three times and is not subject to 07 punishment under (p) of this section; 08 (E) not less than 240 days and a fine of not less than $6,000 if 09 the person has been previously convicted four times and is not subject to 10 punishment under (p) of this section; 11 (F) not less than 360 days and a fine of not less than $7,000 if 12 the person has been previously convicted more than four times and is not 13 subject to punishment under (p) of this section; 14 (2) the court may not 15 (A) suspend execution of the sentence required by (1) of this 16 subsection or grant probation, except on condition that the person 17 (i) serve the minimum imprisonment under (1) of this 18 subsection; and 19 (ii) pay the minimum fine required under (1) of this 20 subsection; or 21 (B) suspend imposition of sentence; 22 (3) the court shall revoke the person's driver's license, privilege to 23 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 24 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 25 forfeited under AS 28.35.036; 26 (4) the court may order that the person, while incarcerated or as a 27 condition of probation or parole, take a drug or combination of drugs intended to 28 prevent the consumption of an alcoholic beverage; a condition of probation or parole 29 imposed under this paragraph is in addition to any other condition authorized under 30 another provision of law; and 31 (5) the sentence imposed by the court under this subsection shall run 01 consecutively with any other sentence of imprisonment imposed on the person. 02  * Sec. 5. AS 47.37.040 is amended to read: 03 Sec. 47.37.040. Duties of department. The department shall 04 (1) develop, encourage, and foster statewide, regional, and local plans 05 and programs for the prevention of alcoholism and drug abuse and treatment of 06 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 07 public and private agencies, organizations, and individuals, and provide technical 08 assistance and consultation services for these purposes; 09 (2) coordinate the efforts and enlist the assistance of all public and 10 private agencies, organizations, and individuals interested in prevention of alcoholism, 11 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 12 abusers, and inhalant abusers; 13 (3) cooperate with the Department of Corrections in establishing and 14 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 15 abusers, and inhalant abusers in or on parole from penal institutions; 16 (4) cooperate with the Department of Education and Early 17 Development, school boards, schools, police departments, courts, and other public and 18 private agencies, organizations, and individuals in establishing programs for the 19 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 20 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 21 materials for use at all levels of school education; 22 (5) prepare, publish, evaluate, and disseminate educational material 23 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 24 volatile substances; 25 (6) develop and implement, as an integral part of treatment programs, 26 an educational program for use in the treatment of alcoholics, intoxicated persons, 27 drug abusers, and inhalant abusers that includes the dissemination of information 28 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 29 (7) organize and foster training programs for all persons engaged in 30 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 31 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 01 abuse workers; 02 (8) sponsor and encourage research into the causes and nature of 03 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 04 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 05 for information relating to alcoholism, drug abuse, and inhalant abuse; 06 (9) specify uniform methods for keeping statistical information by 07 public and private agencies, organizations, and individuals, and collect and make 08 available relevant statistical information, including number of persons treated, 09 frequency of admission and readmission, and frequency and duration of treatment; 10 (10) conduct program planning activities approved by the Advisory 11 Board on Alcoholism and Drug Abuse; 12 (11) review all state health, welfare, and treatment plans to be 13 submitted for federal funding, and advise the commissioner on provisions to be 14 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 15 abusers; 16 (12) assist in the development of, and cooperate with, alcohol, drug 17 abuse, and inhalant abuse education and treatment programs for employees of state 18 and local governments and businesses and industries in the state; 19 (13) use the support and assistance of interested persons in the 20 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 21 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 22 treatment; 23 (14) cooperate with the Department of Public Safety and the 24 Department of Transportation and Public Facilities in establishing and conducting 25 programs designed to deal with the problem of persons operating motor vehicles while 26 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 27 develop and approve alcohol information courses required to be taken by drivers under 28 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 29 laws; 30 (15) encourage hospitals and other appropriate health facilities to 31 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 01 inhalant abusers and to provide them with adequate and appropriate treatment; 02 (16) encourage all health insurance programs to include alcoholism 03 and drug abuse as a covered illness; 04 (17) prepare an annual report covering the activities of the department 05 and notify the legislature that the report is available; 06 (18) develop and implement a training program on alcoholism and 07 drug abuse for employees of state and municipal governments, and private institutions; 08 (19) develop curriculum materials on drug and alcohol abuse and the 09 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 10 well as a course of instruction for teachers to be charged with presenting the 11 curriculum; 12 (20) develop and implement or designate, in cooperation with other 13 state or local agencies, a juvenile alcohol safety action program that provides alcohol 14 and substance abuse screening, referral, and monitoring of persons under 18 years of 15 age who have been referred to it by 16 (A) a court in connection with a charge or conviction of a 17 violation or misdemeanor related to the use of alcohol or a controlled 18 substance; 19 (B) the agency responsible for the administration of motor 20 vehicle laws in connection with a license action related to the use of alcohol or 21 a controlled substance; or 22 (C) department staff after a delinquency adjudication that is 23 related to the use of alcohol or a controlled substance; 24 (21) develop and implement, or designate, in cooperation with other 25 state or local agencies, an alcohol safety action program that provides alcohol and 26 substance abuse screening, referral, and monitoring services to persons who have been 27 referred by a court in connection with a charge or conviction of a misdemeanor 28 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled 29 substance, referred by a court under AS 28.35.028, or referred by an agency of the 30 state with the responsibility for administering motor vehicle laws in connection with a 31 driver's license action involving the use of alcohol or a controlled substance. 01  * Sec. 6. AS 28.35.030(p) and 28.35.032(r) are repealed. 02  * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 INDIRECT COURT RULE AMENDMENT. AS 28.35.028(b), added by sec. 2 of this 05 Act, has the effect of amending Rule 35, Alaska Rules of Criminal Procedure, by allowing a 06 court to consider and reduce a criminal sentence outside of the time periods currently 07 provided by that rule. 08  * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION. Notwithstanding sec. 6 of this Act, defendants participating in a court- 11 ordered treatment program under AS 28.35.030(p) or 28.35.032(r) or the therapeutic court 12 pilot program created by ch. 64, SLA 2001, as amended by ch. 109, SLA 2004, on the 13 effective date of this Act, shall continue in their respective programs under the terms of that 14 program until the individual program is completed. 15  * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).