00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(FIN) 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to immunity from prosecution for the crime of prostitution; relating to 03 probation; relating to sentencing; establishing a pretrial services program with pretrial 04 services officers in the Department of Corrections; relating to the publication of 05 suspended entries of judgment on a publicly available Internet website; relating to 06 permanent fund dividends; relating to electronic monitoring; relating to penalties for 07 violations of municipal ordinances; relating to parole; relating to correctional restitution 08 centers; relating to community work service; relating to revocation, termination, 09 suspension, cancellation, or restoration of a driver's license; relating to the excise tax on 10 marijuana; establishing the recidivism reduction fund; relating to the Alaska Criminal 11 Justice Commission; relating to the disqualification of persons convicted of specified 12 drug offenses from participation in the food stamp and temporary assistance programs; 01 relating to the duties of the commissioner of corrections; amending Rules 32, 32.1, 38, 02 41, and 43, Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and (e), 03 Alaska Rules of Criminal Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 11.41.110(a) is amended to read: 06 (a) A person commits the crime of murder in the second degree if 07 (1) with intent to cause serious physical injury to another person or 08 knowing that the conduct is substantially certain to cause death or serious physical 09 injury to another person, the person causes the death of any person; 10 (2) the person knowingly engages in conduct that results in the death 11 of another person under circumstances manifesting an extreme indifference to the 12 value of human life; 13 (3) under circumstances not amounting to murder in the first degree 14 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 15 person commits or attempts to commit arson in the first degree, kidnapping, sexual 16 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 17 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 18 degree, escape in the first or second degree, robbery in any degree, or misconduct 19 involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) -  20 (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course 21 of or in furtherance of that crime or in immediate flight from that crime, any person 22 causes the death of a person other than one of the participants; 23 (4) acting with a criminal street gang, the person commits or attempts 24 to commit a crime that is a felony and, in the course of or in furtherance of that crime 25 or in immediate flight from that crime, any person causes the death of a person other 26 than one of the participants; or 27 (5) the person with criminal negligence causes the death of a child 28 under the age of 16, and the person has been previously convicted of a crime involving 29 a child under the age of 16 that was 30 (A) a felony violation of AS 11.41; 01 (B) in violation of a law or ordinance in another jurisdiction 02 with elements similar to a felony under AS 11.41; or 03 (C) an attempt, a solicitation, or a conspiracy to commit a 04 crime listed in (A) or (B) of this paragraph. 05  * Sec. 2. AS 11.41.150(a) is amended to read: 06 (a) A person commits the crime of murder of an unborn child if the person 07 (1) with intent to cause the death of an unborn child or of another 08 person, causes the death of an unborn child; 09 (2) with intent to cause serious physical injury to an unborn child or to 10 another person or knowing that the conduct is substantially certain to cause death or 11 serious physical injury to an unborn child or to another person, causes the death of an 12 unborn child; 13 (3) while acting alone or with one or more persons, commits or 14 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 15 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 16 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 17 first or second degree, robbery in any degree, or misconduct involving a controlled 18 substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 19 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in 20 furtherance of that crime or in immediate flight from that crime, any person causes the 21 death of an unborn child; 22 (4) knowingly engages in conduct that results in the death of an unborn 23 child under circumstances manifesting an extreme indifference to the value of human 24 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 25 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 26 does not constitute conduct manifesting an extreme indifference to the value of human 27 life. 28  * Sec. 3. AS 11.46.130(a) is amended to read: 29 (a) A person commits the crime of theft in the second degree if the person 30 commits theft as defined in AS 11.46.100 and 31 (1) the value of the property or services is $2,000 [$750] or more but 01 less than $25,000; 02 (2) the property is a firearm or explosive; 03 (3) the property is taken from the person of another; 04 (4) the property is taken from a vessel and is vessel safety or survival 05 equipment; 06 (5) the property is taken from an aircraft and the property is aircraft 07 safety or survival equipment; 08 (6) the value of the property is $250 or more but less than $2,000 09 [$750] and, within the preceding five years, the person has been convicted and 10 sentenced on two or more separate occasions in this or another jurisdiction of 11 (A) an offense under AS 11.46.120, or an offense under 12 another law or ordinance with similar elements; 13 (B) a crime set out in this subsection or an offense under 14 another law or ordinance with similar elements; 15 (C) an offense under AS 11.46.140(a)(1), or an offense under 16 another law or ordinance with similar elements; or 17 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 18 offense under another law or ordinance with similar elements; or 19 (7) the property is an access device. 20  * Sec. 4. AS 11.46.140(a) is amended to read: 21 (a) A person commits the crime of theft in the third degree if the person 22 commits theft as defined in AS 11.46.100 and 23 (1) the value of the property or services is $250 or more but less than 24 $2,000 [$750]; or 25 (2) [REPEALED] 26 (3) the value of the property is less than $250 and, within the past five 27 years, the person has been convicted and sentenced on two or more separate occasions 28 in this or another jurisdiction of theft or concealment of merchandise, or an offense 29 under another law or ordinance with similar elements. 30  * Sec. 5. AS 11.46.220(c) is amended to read: 31 (c) Concealment of merchandise is 01 (1) a class C felony if 02 (A) the merchandise is a firearm; 03 (B) the value of the merchandise is $2,000 [$750] or more; or 04 (C) the value of the merchandise is $250 or more but less than 05 $2,000 [$750] and, within the preceding five years, the person has been 06 convicted and sentenced on two or more separate occasions in this or another 07 jurisdiction of 08 (i) the offense of concealment of merchandise under 09 this paragraph or (2)(A) of this subsection, or an offense under another 10 law or ordinance with similar elements; or 11 (ii) an offense under AS 11.46.120, 11.46.130, or 12 11.46.140(a)(1), or an offense under another law or ordinance with 13 similar elements; 14 (2) a class A misdemeanor if 15 (A) the value of the merchandise is $250 or more but less than 16 $2,000 [$750]; or 17 (B) the value of the merchandise is less than $250 and, within 18 the preceding five years, the person has been convicted and sentenced on two 19 or more separate occasions of the offense of concealment of merchandise or 20 theft in any degree, or an offense under another law or ordinance with similar 21 elements; 22 (3) a class B misdemeanor if the value of the merchandise is less than 23 $250. 24  * Sec. 6. AS 11.46.260(b) is amended to read: 25 (b) Removal of identification marks is 26 (1) a class C felony if the value of the property on which the serial 27 number or identification mark appeared is $2,000 [$750] or more; 28 (2) a class A misdemeanor if the value of the property on which the 29 serial number or identification mark appeared is $250 or more but less than $2,000 30 [$750]; 31 (3) a class B misdemeanor if the value of the property on which the 01 serial number or identification mark appeared is less than $250. 02  * Sec. 7. AS 11.46.270(b) is amended to read: 03 (b) Unlawful possession is 04 (1) a class C felony if the value of the property on which the serial 05 number or identification mark appeared is $2,000 [$750] or more; 06 (2) a class A misdemeanor if the value of the property on which the 07 serial number or identification mark appeared is $250 or more but less than $2,000 08 [$750]; 09 (3) a class B misdemeanor if the value of the property on which the 10 serial number or identification mark appeared is less than $250. 11  * Sec. 8. AS 11.46.280(d) is amended to read: 12 (d) Issuing a bad check is 13 (1) a class B felony if the face amount of the check is $25,000 or more; 14 (2) a class C felony if the face amount of the check is $2,000 [$750] or 15 more but less than $25,000; 16 (3) a class A misdemeanor if the face amount of the check is $250 or 17 more but less than $2,000 [$750]; 18 (4) a class B misdemeanor if the face amount of the check is less than 19 $250. 20  * Sec. 9. AS 11.46.285(b) is amended to read: 21 (b) Fraudulent use of an access device is 22 (1) a class B felony if the value of the property or services obtained is 23 $25,000 or more; 24 (2) a class C felony if the value of the property or services obtained is 25 $2,000 [$750] or more but less than $25,000; 26 (3) a class A misdemeanor if the value of the property or services 27 obtained is less than $2,000 [$750]. 28  * Sec. 10. AS 11.46.295 is amended to read: 29 Sec. 11.46.295. Prior convictions. For purposes of considering prior 30 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR 31 11.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under 01 AS 11.46.220(c), 02 (1) a conviction for an offense under another law or ordinance with 03 similar elements is a conviction of an offense having elements similar to those of an 04 offense defined as such under Alaska law at the time the offense was committed; 05 (2) a conviction for an offense under Alaska law where the value of the 06 property or services for the offense was lower than the value of property or services 07 for the offense under current Alaska law is a prior conviction for that offense; and 08 (3) the court shall consider the date of a prior conviction as occurring 09 on the date that sentence is imposed for the prior offense. 10  * Sec. 11. AS 11.46.360(a) is amended to read: 11 (a) A person commits the crime of vehicle theft in the first degree if, having 12 no right to do so or any reasonable ground to believe the person has such a right, the 13 person drives, tows away, or takes 14 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 15 of another; 16 (2) the propelled vehicle of another and 17 (A) the vehicle or any other property of another is damaged in a 18 total amount of $2,000 [$750] or more; 19 (B) the owner incurs reasonable expenses as a result of the loss 20 of use of the vehicle, in a total amount of $2,000 [$750] or more; or 21 (C) the owner is deprived of the use of the vehicle for seven 22 days or more; 23 (3) the propelled vehicle of another and the vehicle is marked as a 24 police or emergency vehicle; or 25 (4) the propelled vehicle of another and, within the preceding seven 26 years, the person was convicted under 27 (A) this section or AS 11.46.365; 28 (B) former AS 11.46.482(a)(4) or (5); 29 (C) former AS 11.46.484(a)(2); 30 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 31 of a propelled vehicle; or 01 (E) a law or ordinance of this or another jurisdiction with 02 elements substantially similar to those of an offense described in (A) - (D) of 03 this paragraph.  04  * Sec. 12. AS 11.46.460 is amended to read: 05 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 06 the offense [CRIME] of disregard of a highway obstruction if, without the right to do 07 so or a reasonable ground to believe the person has the right, the person 08 (1) drives a vehicle through, over, or around an obstruction erected on 09 [UPON] a highway under authority of AS 19.10.100; or 10 (2) opens an obstruction erected on [UPON] a highway under authority 11 of AS 19.10.100. 12 (b) Violation of this section is a violation punishable by a fine of not more  13 than $1,000 [CLASS B MISDEMEANOR]. 14  * Sec. 13. AS 11.46.482(a) is amended to read: 15 (a) A person commits the crime of criminal mischief in the third degree if, 16 having no right to do so or any reasonable ground to believe the person has such a 17 right, 18 (1) with intent to damage property of another, the person damages 19 property of another in an amount of $2,000 [$750] or more; 20 (2) the person recklessly creates a risk of damage in an amount 21 exceeding $100,000 to property of another by the use of widely dangerous means; or 22 (3) the person knowingly 23 (A) defaces, damages, or desecrates a cemetery or the contents 24 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 25 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 26 memorial appears to be abandoned, lost, or neglected; 27 (B) removes human remains or associated burial artifacts from 28 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 29 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 30  * Sec. 14. AS 11.46.484(a) is amended to read: 31 (a) A person commits the crime of criminal mischief in the fourth degree if, 01 having no right to do so or any reasonable ground to believe the person has such a 02 right, 03 (1) with intent to damage property of another, the person damages 04 property of another in an amount of $250 or more but less than $2,000 [$750]; 05 (2) the person tampers with a fire protection device in a building that is 06 a public place; 07 (3) the person knowingly accesses a computer, computer system, 08 computer program, computer network, or part of a computer system or network; 09 (4) the person uses a device to descramble an electronic signal that has 10 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 11 device is used only to descramble signals received directly from a satellite or unless 12 the person owned the device before September 18, 1984; or 13 (5) the person knowingly removes, relocates, defaces, alters, obscures, 14 shoots at, destroys, or otherwise tampers with an official traffic control device or 15 damages the work on [UPON] a highway under construction. 16  * Sec. 15. AS 11.46.530(b) is amended to read: 17 (b) Criminal simulation is 18 (1) a class C felony if the value of what the object purports to represent 19 is $2,000 [$750] or more; 20 (2) a class A misdemeanor if the value of what the object purports to 21 represent is $250 or more but less than $2,000 [$750]; 22 (3) a class B misdemeanor if the value of what the object purports to 23 represent is less than $250. 24  * Sec. 16. AS 11.46.620(d) is amended to read: 25 (d) Misapplication of property is 26 (1) a class C felony if the value of the property misapplied is $2,000 27 [$750] or more; 28 (2) a class A misdemeanor if the value of the property misapplied is 29 less than $2,000 [$750]. 30  * Sec. 17. AS 11.46.730(c) is amended to read: 31 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 01 judgment creditor, or creditor incurs a pecuniary loss of $2,000 [$750] or more as a 02 result of [TO] the defendant's conduct, in which case defrauding secured creditors is 03 (1) a class B felony if the loss is $25,000 or more; 04 (2) a class C felony if the loss is $2,000 [$750] or more but less than 05 $25,000. 06  * Sec. 18. AS 11.56.730(a) is amended to read: 07 (a) A person commits the offense [CRIME] of failure to appear if the person 08 (1) is released under the provisions of AS 12.30; 09 (2) knows that the person is required to appear before a court or 10 judicial officer at the time and place of a scheduled hearing; and 11 (3) with criminal negligence does not appear before the court or 12 judicial officer at the time and place of the scheduled hearing. 13  * Sec. 19. AS 11.56.730(c) is amended to read: 14 (c) A person who commits failure to appear incurs a forfeiture of any security 15 for any appearance of the person that was given or pledged to the court for the person's 16 release [, AND IS GUILTY OF A 17 (1) CLASS C FELONY IF THE PERSON WAS RELEASED IN 18 CONNECTION WITH A CHARGE OF A FELONY, OR WHILE AWAITING 19 SENTENCE OR APPEAL AFTER CONVICTION OF A FELONY; 20 (2) CLASS A MISDEMEANOR IF THE PERSON WAS RELEASED 21 IN CONNECTION WITH A 22 (A) CHARGE OF A MISDEMEANOR, OR WHILE 23 AWAITING SENTENCE OR APPEAL AFTER CONVICTION OF A 24 MISDEMEANOR; OR 25 (B) REQUIREMENT TO APPEAR AS A MATERIAL 26 WITNESS IN A CRIMINAL PROCEEDING]. 27  * Sec. 20. AS 11.56.730 is amended by adding new subsections to read: 28 (d) Failure to appear is a 29 (1) class C felony if the person was released in connection with a 30 charge of a felony or while awaiting sentence or appeal after conviction of a felony 31 and the person 01 (A) does not make contact with the court or a judicial officer 02 within 30 days after the person does not appear at the time and place of a 03 scheduled hearing; or 04 (B) does not appear at the time and place of a scheduled 05 hearing to avoid prosecution; 06 (2) class A misdemeanor if the person was released in connection with 07 a charge of a misdemeanor, while awaiting sentence or appeal after conviction of a 08 misdemeanor, or requirement to appear as a material witness in a criminal proceeding, 09 and the person 10 (A) does not make contact with the court or a judicial officer 11 within 30 days after the person does not appear at the time and place of a 12 scheduled hearing; or 13 (B) does not appear at the time and place of a scheduled 14 hearing to avoid prosecution; or 15 (3) violation punishable by a fine of up to $1,000. 16 (e) In a prosecution for failure to appear under (a) of this section, it is not a 17 defense that the defendant did not receive a reminder notification from a court or 18 judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure. 19  * Sec. 21. AS 11.56.757(a) is amended to read: 20 (a) A person commits the offense [CRIME] of violation of condition of 21 release if the person 22 (1) has been charged with a crime or convicted of a crime; 23 (2) has been released under AS 12.30; and 24 (3) violates a condition of release imposed by a judicial officer under 25 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 26  * Sec. 22. AS 11.56.757(b) is amended to read: 27 (b) Violation of condition of release is a violation punishable by a fine of up  28 to $1,000 29 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED 30 FROM A CHARGE OR CONVICTION OF A FELONY; 31 (2) A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED 01 FROM A CHARGE OR CONVICTION OF A MISDEMEANOR]. 02  * Sec. 23. AS 11.56.759(a) is amended to read: 03 (a) A person commits the crime of violation by sex offender of condition of 04 probation if the person 05 (1) is on probation for conviction of a sex offense; 06 (2) has served the entire term of incarceration imposed for conviction 07 of the sex offense; and 08 (3) violates a condition of probation imposed under 09 AS 12.55.100(a)(2)(E), (a)(2)(F) [AS 12.55.100(a)(5), (a)(6)], or (e), 12.55.101(a)(1), 10 or any other condition imposed by the court that the court finds to be specifically 11 related to the defendant's offense. 12  * Sec. 24. AS 11.61.110(c) is amended to read: 13 (c) Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS 14 AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT, 15 IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 10 16 DAYS]. 17  * Sec. 25. AS 11.61.145(d) is amended to read: 18 (d) Promoting an exhibition of fighting animals 19 (1) under (a)(1) or (2) of this section is a class C felony; 20 (2) under (a)(3) of this section is 21 (A) a violation 22 (i) for the first offense;  23 (ii) punishable by a fine of not more than $1,000 [, A 24 CLASS B MISDEMEANOR] for the second offense; [,] and 25 (B) a class A misdemeanor for the third and each subsequent 26 offense. 27  * Sec. 26. AS 11.61.150(a) is amended to read: 28 (a) A person commits the offense [CRIME] of obstruction of highways if the 29 person knowingly 30 (1) places, drops, or permits to drop on a highway any substance that 31 creates a substantial risk of physical injury to others using the highway; or 01 (2) renders a highway impassable or passable only with unreasonable 02 inconvenience or hazard. 03  * Sec. 27. AS 11.61.150(c) is amended to read: 04 (c) Obstruction of highways is a violation punishable by a fine of not more  05 than $1,000 [CLASS B MISDEMEANOR]. 06  * Sec. 28. AS 11.66.100 is amended by adding a new subsection to read: 07 (e) A person may not be prosecuted under (a)(1) of this section if the 08 (1) person witnessed or was a victim of, and reported to law 09 enforcement in good faith, one or more of the following crimes: 10 (A) murder in the first degree under AS 11.41.100; 11 (B) murder in the second degree under AS 11.41.110; 12 (C) manslaughter under AS 11.41.120; 13 (D) criminally negligent homicide under AS 11.41.130; 14 (E) assault in the first degree under AS 11.41.200; 15 (F) assault in the second degree under AS 11.41.210; 16 (G) assault in the third degree under AS 11.41.220; 17 (H) assault in the fourth degree under AS 11.41.230; 18 (I) sexual assault in the first degree under AS 11.41.410; 19 (J) sexual assault in the second degree under AS 11.41.420; 20 (K) sexual assault in the third degree under AS 11.41.425; 21 (L) sexual assault in the fourth degree under AS 11.41.427; 22 (M) sex trafficking in the first degree under AS 11.66.110; 23 (N) sex trafficking in the second degree under AS 11.66.120; 24 (O) sex trafficking in the third degree under AS 11.66.130; or 25 (P) sex trafficking in the fourth degree under AS 11.66.135; 26 (2) evidence supporting the prosecution under (a)(1) of this section 27 was obtained or discovered as a result of the person's reporting the crime to law 28 enforcement; and 29 (3) person cooperated with law enforcement personnel. 30  * Sec. 29. AS 11.66.200(c) is amended to read: 31 (c) Gambling is a violation 01 (1) for the first offense; 02 (2) punishable by a fine of not more than $1,000 [. GAMBLING IS 03 A CLASS B MISDEMEANOR] for the second and each subsequent offense. 04  * Sec. 30. AS 11.71.030(a) is amended to read: 05 (a) Except as authorized in AS 17.30, a person commits the crime of 06 misconduct involving a controlled substance in the second [THIRD] degree if the 07 person 08 (1) [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER 09 AS 11.71.020(a)(2) - (6),] manufactures or delivers, [ANY AMOUNT OF A 10 SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] or possesses [ANY 11 AMOUNT OF A SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] with 12 intent to manufacture or deliver, 13 (A) one or more preparations, compounds, mixtures, or  14 substances of an aggregate weight of one gram or more containing a  15 schedule IA controlled substance;  16 (B) 25 or more tablets, ampules, or syrettes containing a  17 schedule IA controlled substance;  18 (C) one or more preparations, compounds, mixtures, or  19 substances of an aggregate weight of 2.5 grams or more containing a  20 schedule IIA or IIIA controlled substance; or  21 (D) 50 or more tablets, ampules, or syrettes containing a  22 schedule IIA or IIIA controlled substance; 23 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 24 substance to a person under 19 years of age who is at least three years younger than 25 the person delivering the substance; [OR] 26 (3) possesses any amount of a schedule IA or IIA controlled substance 27 (A) with reckless disregard that the possession occurs 28 (i) on or within 500 feet of school grounds; or 29 (ii) at or within 500 feet of a recreation or youth center; 30 or 31 (B) on a school bus;  01 (4) manufactures any material, compound, mixture, or  02 preparation that contains  03 (A) methamphetamine, or its salts, isomers, or salts of  04 isomers; or  05 (B) an immediate precursor of methamphetamine, or its  06 salts, isomers, or salts of isomers;  07 (5) possesses an immediate precursor of methamphetamine, or the  08 salts, isomers, or salts of isomers of the immediate precursor of  09 methamphetamine, with the intent to manufacture any material, compound,  10 mixture, or preparation that contains methamphetamine, or its salts, isomers, or  11 salts of isomers;  12 (6) possesses a listed chemical with intent to manufacture any  13 material, compound, mixture, or preparation that contains  14 (A) methamphetamine, or its salts, isomers, or salts of  15 isomers; or  16 (B) an immediate precursor of methamphetamine, or its  17 salts, isomers, or salts of isomers;  18 (7) possesses methamphetamine in an organic solution with intent  19 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or  20 (8) under circumstances not proscribed under AS 11.71.010(a)(2),  21 delivers  22 (A) an immediate precursor of methamphetamine, or the  23 salts, isomers, or salts of isomers of the immediate precursor of  24 methamphetamine, to another person with reckless disregard that the  25 precursor will be used to manufacture any material, compound, mixture,  26 or preparation that contains methamphetamine, or its salts, isomers, or  27 salts of isomers; or  28 (B) a listed chemical to another person with reckless  29 disregard that the listed chemical will be used to manufacture any  30 material, compound, mixture, or preparation that contains  31 (i) methamphetamine, or its salts, isomers, or salts of  01 isomers;  02 (ii) an immediate precursor of methamphetamine, or  03 its salts, isomers, or salts of isomers; or  04 (iii) methamphetamine or its salts, isomers, or salts  05 of isomers in an organic solution. 06  * Sec. 31. AS 11.71.030(c) is amended to read: 07 (c) Misconduct involving a controlled substance in the second [THIRD] 08 degree is a class B felony. 09 * Sec. 32. AS 11.71.030 is amended by adding new subsections to read: 10 (d) In a prosecution under (a) of this section, possession of more than six 11 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 12 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 13 the person intended to use the listed chemicals to manufacture, aid or abet another 14 person to manufacture, or deliver to another person who intends to manufacture 15 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 16 of methamphetamine or its immediate precursors. The prima facie evidence described 17 in this subsection does not apply to a person who possesses 18 (1) the listed chemicals ephedrine, pseudoephedrine, 19 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 20 (A) and the listed chemical was dispensed to the person under a 21 valid prescription; or 22 (B) in the ordinary course of a legitimate business, or an 23 employee of a legitimate business, as a 24 (i) retailer or wholesaler; 25 (ii) wholesale drug distributor licensed by the Board of 26 Pharmacy; 27 (iii) manufacturer of drug products licensed by the 28 Board of Pharmacy; 29 (iv) pharmacist licensed by the Board of Pharmacy; or 30 (v) health care professional licensed by the state; or 31 (2) less than 24 grams of ephedrine, pseudoephedrine, 01 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 02 kept in a locked storage area on the premises of a legitimate business or nonprofit 03 organization operating a camp, lodge, school, day care center, treatment center, or 04 other organized group activity, and the location or nature of the activity, or the age of 05 the participants, makes it impractical for the participants in the activity to obtain 06 medicinal products. 07 (e) In this section, "listed chemical" means a chemical described under 08 AS 11.71.200. 09  * Sec. 33. AS 11.71.040(a) is amended to read: 10 (a) Except as authorized in AS 17.30, a person commits the crime of 11 misconduct involving a controlled substance in the third [FOURTH] degree if the 12 person 13 (1) manufactures or delivers any amount of a schedule IVA or VA 14 controlled substance or possesses any amount of a schedule IVA or VA controlled 15 substance with intent to manufacture or deliver; 16 (2) manufactures or delivers, or possesses with the intent to 17 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 18 of an aggregate weight of one ounce or more containing a schedule VIA controlled 19 substance; 20 (3) possesses 21 (A) any amount of a 22 (i) schedule IA controlled substance; or 23 (ii) IIA controlled substance except a controlled 24 substance listed in AS 11.71.150(e)(11) - (15); 25 (B) 25 or more tablets, ampules, or syrettes containing a 26 schedule IIIA or IVA controlled substance; 27 (C) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of 29 (i) three grams or more containing a schedule IIIA or 30 IVA controlled substance except a controlled substance in a form listed 31 in (ii) of this subparagraph; 01 (ii) 12 grams or more containing a schedule IIIA 02 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 03 sprayed on or otherwise applied to tobacco, an herb, or another organic 04 material; or 05 (iii) 500 milligrams or more of a schedule IIA 06 controlled substance listed in AS 11.71.150(e)(11) - (15); 07 (D) 50 or more tablets, ampules, or syrettes containing a 08 schedule VA controlled substance; 09 (E) one or more preparations, compounds, mixtures, or 10 substances of an aggregate weight of six grams or more containing a schedule 11 VA controlled substance; 12 (F) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of four ounces or more containing a 14 schedule VIA controlled substance; or 15 (G) 25 or more plants of the genus cannabis; 16 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 17 (A) with reckless disregard that the possession occurs 18 (i) on or within 500 feet of school grounds; or 19 (ii) at or within 500 feet of a recreation or youth center; 20 or 21 (B) on a school bus; 22 (5) knowingly keeps or maintains any store, shop, warehouse, 23 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 24 keeping or distributing controlled substances in violation of a felony offense under this 25 chapter or AS 17.30; 26 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 27 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 28 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 29 drug container, or labeling so as to render the drug a counterfeit substance; 30 (7) knowingly uses in the course of the manufacture or distribution of a 31 controlled substance a registration number that is fictitious, revoked, suspended, or 01 issued to another person; 02 (8) knowingly furnishes false or fraudulent information in or omits 03 material information from any application, report, record, or other document required 04 to be kept or filed under AS 17.30; 05 (9) obtains possession of a controlled substance by misrepresentation, 06 fraud, forgery, deception, or subterfuge; [OR] 07 (10) affixes a false or forged label to a package or other container 08 containing any controlled substance; or  09 (11) manufactures or delivers, or possesses with the intent to  10 manufacture or deliver,  11 (A) one or more preparations, compounds, mixtures, or  12 substances of an aggregate weight of less than one gram containing a  13 schedule IA controlled substance;  14 (B) less than 25 tablets, ampules, or syrettes containing a  15 schedule IA controlled substance;  16 (C) one or more preparations, compounds, mixtures, or  17 substances of an aggregate weight of less than 2.5 grams containing a  18 schedule IIA or IIIA controlled substance; or  19 (D) less than 50 tablets, ampules, or syrettes containing a  20 schedule IIA or IIIA controlled substance.  21  * Sec. 34. AS 11.71.040(d) is amended to read: 22 (d) Misconduct involving a controlled substance in the third [FOURTH] 23 degree is a class C felony. 24  * Sec. 35. AS 11.71.050 is amended to read: 25 Sec. 11.71.050. Misconduct involving a controlled substance in the fourth  26 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 27 misconduct involving a controlled substance in the fourth [FIFTH] degree if the 28 person 29 (1) manufactures or delivers, or possesses with the intent to 30 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 31 of an aggregate weight of less than one ounce containing a schedule VIA controlled 01 substance; 02 (2) possesses 03 (A) less than 25 tablets, ampules, or syrettes containing a 04 schedule IIIA or IVA controlled substance; 05 (B) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of less than 07 (i) three grams containing a schedule IIIA or IVA 08 controlled substance except a controlled substance in a form listed in 09 (ii) of this subparagraph; 10 (ii) 12 grams but more than six grams containing a 11 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 12 that has been sprayed on or otherwise applied to tobacco, an herb, or 13 another organic material; or 14 (iii) 500 milligrams containing a schedule IIA 15 controlled substance listed in AS 11.71.150(e)(11) - (15); 16 (C) less than 50 tablets, ampules, or syrettes containing a 17 schedule VA controlled substance; 18 (D) one or more preparations, compounds, mixtures, or 19 substances of an aggregate weight of less than six grams containing a schedule 20 VA controlled substance; or 21 (E) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of one ounce or more containing a schedule 23 VIA controlled substance; [OR] 24 (3) fails to make, keep, or furnish any record, notification, order form, 25 statement, invoice, or information required under AS 17.30; or  26 (4) under circumstances not proscribed under  27 AS 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA,  28 VA, or VIA controlled substance. 29 (b) Misconduct involving a controlled substance in the fourth [FIFTH] degree 30 is a class A misdemeanor. 31  * Sec. 36. AS 11.71.060 is amended to read: 01 Sec. 11.71.060. Misconduct involving a controlled substance in the fifth 02 [SIXTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 03 misconduct involving a controlled substance in the fifth [SIXTH] degree if the person 04 (1) uses or displays any amount of a schedule VIA controlled 05 substance; 06 (2) possesses one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of 08 (A) less than one ounce containing a schedule VIA controlled 09 substance; 10 (B) six grams or less containing a schedule IIIA controlled 11 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 12 otherwise applied to tobacco, an herb, or another organic material; or 13 (3) refuses entry into a premise for an inspection authorized under 14 AS 17.30. 15 (b) Misconduct involving a controlled substance in the fifth [SIXTH] degree 16 is a class B misdemeanor. 17  * Sec. 37. AS 11.71.311(a) is amended to read: 18 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 19 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 20 11.71.060(a)(1) or (2) if that person 21 (1) sought, in good faith, medical or law enforcement assistance for 22 another person who the person reasonably believed was experiencing a drug overdose 23 and 24 (A) the evidence supporting the prosecution for an offense 25 under AS 11.71.030(a)(3), 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) 26 OR (4), 11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered 27 as a result of the person seeking medical or law enforcement assistance; 28 (B) the person remained at the scene with the other person until 29 medical or law enforcement assistance arrived; and 30 (C) the person cooperated with medical or law enforcement 31 personnel, including by providing identification; 01 (2) was experiencing a drug overdose and sought medical assistance, 02 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 03 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or 04 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for 05 medical assistance. 06  * Sec. 38. AS 12.25.150(a) is amended to read: 07 (a) A person arrested shall be taken before a judge or magistrate without 08 unnecessary delay [,] and in any event within 24 [48] hours after arrest, absent  09 compelling circumstances, including Sundays and holidays. The unavailability of a  10 report prepared by the pretrial services officer under AS 33.07 or a delay in the  11 transmittal of that report to the parties or to the court may not be considered a  12 sufficient compelling circumstance to justify delaying a hearing beyond 24 hours.  13 The hearing before the judge or magistrate may not take place more than 48  14 hours after arrest. This requirement applies to municipal police officers to the same 15 extent as it does to state troopers. 16  * Sec. 39. AS 12.25.180 is amended to read: 17 Sec. 12.25.180. When peace officer shall [MAY] issue citation or take  18 person before the court. (a) Except when arrest is required under another  19 provision of law, a peace officer shall issue a citation when [WHEN] a peace 20 officer stops or contacts a person for the commission of a class C felony offense, a 21 misdemeanor, or the violation of a municipal ordinance [, THE OFFICER MAY, IN 22 THE OFFICER'S DISCRETION, ISSUE A CITATION TO THE PERSON] instead 23 of taking the person before a judge or magistrate under AS 12.25.150, except that the  24 officer may arrest if [UNLESS] 25 (1) the person does not furnish satisfactory evidence of identity; 26 (2) [THE CONTACTING OFFICER REASONABLY BELIEVES 27 THE PERSON IS A DANGER TO SELF OR OTHERS; 28 (3)] the crime for which the person is contacted is one involving 29 violence or harm to another person or to property; 30 (3) the peace officer has probable cause to believe the person  31 committed a crime of escape under AS 11.56.320 or 11.56.330, unlawful evasion  01 under AS 11.56.335 or 11.56.340, unlawful contact under AS 11.56.750, or  02 possession of child pornography under AS 11.61.127;  03 (4) the person refuses to accept service of the citation; or  04 (5) the peace officer reasonably believes there is a risk the  05 defendant will fail to appear in court [(4) THE PERSON ASKS TO BE TAKEN 06 BEFORE A JUDGE OR MAGISTRATE UNDER AS 12.25.150; OR 07 (5) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE 08 THE PERSON COMMITTED A CRIME INVOLVING DOMESTIC VIOLENCE; IN 09 THIS PARAGRAPH, "CRIME INVOLVING DOMESTIC VIOLENCE" HAS THE 10 MEANING GIVEN IN AS 18.66.990]. 11 (b) When a peace officer stops or contacts a person for the commission of an 12 infraction or a violation, the officer shall issue a citation instead of taking the person 13 before a judge or magistrate under AS 12.25.150, except that the officer may arrest  14 if [UNLESS] 15 (1) the person does not furnish satisfactory evidence of identity; [OR] 16 (2) the person refuses to accept service of the citation; or  17 (3) the peace officer has probable cause to believe the person has  18 committed  19 (A) a violation of conditions of release under AS 11.56.757;  20 or  21 (B) the offense of failure to appear under AS 11.56.730. 22  * Sec. 40. AS 12.25.180 is amended by adding a new subsection to read: 23 (c) A person may not bring a civil action for damages for a failure to comply 24 with the provisions of this section. 25  * Sec. 41. AS 12.25.190(b) is amended to read: 26 (b) The time specified in the notice to appear shall be at least two [FIVE] 27 working days after the issuance of the citation under AS 12.25.180(a). 28  * Sec. 42. AS 12.25.190 is amended by adding a new subsection to read: 29 (d) The time specified in the notice to appear shall be at least five working 30 days after issuance of the citation under AS 12.25.180(b). 31  * Sec. 43. AS 12.30.006(b) is amended to read: 01 (b) At the first appearance before a judicial officer, a person who is charged 02 with a felony, other than a class C felony and the person has been assessed as low  03 risk under AS 12.30.011(c)(1), may be detained up to 48 hours for the prosecuting 04 authority to demonstrate that release of the person under AS 12.30.011 05 [AS 12.30.011(a)] would not reasonably ensure [ASSURE] the appearance of the 06 person or will pose a danger to the victim, other persons, or the community. 07  * Sec. 44. AS 12.30.006(c) is amended to read: 08 (c) A person who remains in custody 48 hours after appearing before a judicial 09 officer because of inability to meet the conditions of release shall, upon application, be 10 entitled to have the conditions reviewed by the judicial officer who imposed them. If 11 the judicial officer who imposed the conditions of release is not available, any judicial 12 officer in the judicial district may review the conditions. Upon review of the  13 conditions, the judicial officer shall revise any conditions of release that have  14 prevented the defendant from being released unless the judicial officer finds on  15 the record that there is clear and convincing evidence that less restrictive release  16 conditions cannot reasonably ensure the  17 (1) appearance of the person in court; and  18 (2) safety of the victim, other persons, and the community. 19  * Sec. 45. AS 12.30.006(d) is amended to read: 20 (d) If a person remains in custody after review of conditions by a judicial 21 officer under (c) of this section, the person may request a subsequent review of 22 conditions. Unless the prosecuting authority stipulates otherwise or the person has 23 been incarcerated for a period equal to the maximum sentence for the most serious 24 charge for which the person is being held, a judicial officer may not schedule a bail 25 review hearing under this subsection unless 26 (1) the person provides to the court and the prosecuting authority a 27 written statement that new information not considered at the previous review will be 28 presented at the hearing; the statement must include a description of the information 29 and the reason the information was not presented at a previous hearing; in this 30 paragraph, "new information" includes [DOES NOT INCLUDE] the person's 31 inability to post the required bail; 01 (2) the prosecuting authority and any surety, if applicable, have at least 02 48 hours' written notice before the time set for the review requested under this 03 subsection; the defendant shall notify the surety; and 04 (3) at least seven days have elapsed between the previous review and 05 the time set for the requested review; however, a person may receive only one bail  06 review hearing solely for inability to pay. 07  * Sec. 46. AS 12.30.006(f) is amended to read: 08 (f) The judicial officer shall issue written or oral findings that explain the 09 reasons the officer imposed the particular conditions of release or modifications or 10 additions to conditions previously imposed. The judicial officer shall inform the 11 person that a law enforcement officer or a pretrial services officer under AS 33.07  12 may arrest the person without a warrant for violation of the court's order establishing 13 conditions of release. 14  * Sec. 47. AS 12.30.011 is repealed and reenacted to read: 15 Sec. 12.30.011. Release before trial. (a) A judicial officer may order that a 16 person charged with an offense, in addition to other conditions imposed under this 17 section, be released 18 (1) on the person's own recognizance; 19 (2) upon execution of an unsecured appearance bond; or 20 (3) upon execution of an unsecured performance bond. 21 (b) A person charged with a misdemeanor that does not include an offense 22 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, 28.35.032, or a crime 23 involving domestic violence as defined under AS 18.66.990 and who is assessed by a 24 pretrial services officer as 25 (1) low to moderate risk shall be released on the person's own 26 recognizance or upon execution of an unsecured appearance bond or unsecured 27 performance bond; or 28 (2) high risk shall be released on the person's own recognizance or 29 upon execution of an unsecured appearance bond or unsecured performance bond 30 unless the judicial officer finds on the record that there is clear and convincing 31 evidence that no nonmonetary conditions of release in combination with the release of 01 the person on the person's own recognizance or upon execution of an unsecured bond 02 can reasonably ensure the appearance of the person in court and the safety of the 03 victim, other persons, and the community. 04 (c) A person charged with a class C felony that does not include an offense 05 under AS 11.41, AS 11.56.730, AS 28.35.030, 28.35.032, or a crime involving 06 domestic violence as defined under AS 18.66.990 and who is assessed by a pretrial 07 services officer as 08 (1) low risk shall be released on the person's own recognizance or 09 upon execution of an unsecured appearance bond or unsecured performance bond; or 10 (2) moderate to high risk shall be released on the person's own 11 recognizance or upon execution of an unsecured appearance bond or unsecured 12 performance bond unless the judicial officer finds on the record that there is clear and 13 convincing evidence that no nonmonetary conditions of release in combination with 14 the release of the person on the person's own recognizance or upon execution of an 15 unsecured bond can reasonably ensure the appearance of the person in court and the 16 safety of the victim, other persons, and the community. 17 (d) A person charged under AS 28.35.030 or 28.35.032 who is assessed by a 18 pretrial services officer as low, moderate, or high risk shall be released on the person's 19 own recognizance or upon execution of an unsecured appearance bond or unsecured 20 performance bond unless the judicial officer finds on the record that there is clear and 21 convincing evidence that no nonmonetary conditions of release in combination with 22 the release of the person on the person's own recognizance or upon execution of an 23 unsecured bond can reasonably ensure the appearance of the person in court and the 24 safety of the victim, other persons, and the community. 25 (e) A person charged under AS 11.56.730 or 11.56.757 who is assessed by a 26 pretrial services officer as 27 (1) low to moderate risk shall be released on the person's own 28 recognizance or upon execution of an unsecured appearance bond or unsecured 29 performance bond unless the judicial officer finds on the record that there is clear and 30 convincing evidence that no nonmonetary conditions of release in combination with 31 the release of the person on the person's own recognizance or upon execution of an 01 unsecured bond can reasonably ensure the appearance of the person in court and the 02 safety of the victim, other persons, and the community; or 03 (2) high risk may be required, singly or in combination, in addition to 04 other conditions specified in this section, to deposit with the court and execute 05 (A) an appearance bond with a posting not to exceed 10 percent 06 of the specified amount of the bond with the condition that the deposit be 07 returned upon the appearance of the person at scheduled hearings; 08 (B) a bail bond with sufficient solvent sureties or the deposit of 09 cash; or 10 (C) a performance bond with a full or partial posting of the 11 specified amount of the bond with the condition that the deposit be returned 12 upon the performance of the conditions of release set by the court. 13 (f) A person charged with an offense who is not otherwise required to be 14 released under (b) - (e) of this section and who is assessed by a pretrial services officer 15 as 16 (1) low risk shall be released on the person's own recognizance or 17 upon execution of an unsecured appearance bond or unsecured performance bond 18 unless the judicial officer finds on the record that there is clear and convincing 19 evidence that no nonmonetary conditions of release in combination with the release of 20 the person on the person's own recognizance or upon execution of an unsecured bond 21 can reasonably ensure the appearance of the person in court and the safety of the 22 victim, other persons, and the community; or 23 (2) moderate to high risk may be required, singly or in combination, in 24 addition to other conditions specified in this section, to deposit with the court and 25 execute 26 (A) an appearance bond with a posting not to exceed 10 percent 27 of the specified amount of the bond with the condition that the deposit be 28 returned upon the appearance of the person at scheduled hearings; 29 (B) a bail bond with sufficient solvent sureties or the deposit of 30 cash; or 31 (C) a performance bond with a full or partial posting of the 01 specified amount of the bond with the condition that the deposit be returned 02 upon the performance of the conditions of release set by the court. 03 (g) A person released under this section shall be released on the condition that 04 the person 05 (1) obey all court orders; 06 (2) obey all laws; 07 (3) make all court appearances; 08 (4) maintain contact with the person's pretrial services officer, if one is 09 appointed by the court, and follow the pretrial services officer's instructions; 10 (5) maintain contact with the person's attorney; 11 (6) notify the person's attorney or, if the person is not represented by 12 an attorney, the pretrial services officer or the court within 24 hours after a change in 13 the person's residence. 14 (h) The judicial officer may, singly or in combination, order additional 15 conditions if the condition or conditions are the least restrictive conditions that will 16 reasonably ensure the appearance of the person in court and the safety of the victim, 17 other persons, and the community. The judicial officer may 18 (1) place restrictions on the person's travel, association, or residence; 19 (2) order the person to refrain from possessing a deadly weapon on the 20 person or in the person's vehicle or residence; 21 (3) require the person to maintain employment or, if unemployed, 22 actively seek employment; 23 (4) require the person to notify the person's lawyer and the prosecuting 24 authority within two business days after any change in employment; 25 (5) require the person to avoid all contact with a victim, a potential 26 witness, or a codefendant; 27 (6) require the person to refrain from the consumption and possession 28 of alcoholic beverages; 29 (7) require the person to refrain from the use of a controlled substance 30 as defined by AS 11.71, unless prescribed by a licensed health care provider with 31 prescriptive authority; 01 (8) require the person to be physically inside the person's residence, or 02 in the residence of the person's third-party custodian, at times set by the court, subject 03 to AS 12.30.021; 04 (9) require the person to keep regular contact with a pretrial services 05 officer or law enforcement officer or agency; 06 (10) order the person to refrain from entering or remaining in premises 07 licensed under AS 04; 08 (11) place the person in the custody of an individual who agrees to 09 serve as a third-party custodian of the person as provided in AS 12.30.021; 10 (12) if the person is under the treatment of a licensed health care 11 provider, order the person to follow the provider's treatment recommendations; 12 (13) order the person to take medication that has been prescribed for 13 the person by a licensed health care provider with prescriptive authority; 14 (14) require the person to comply with a program established under 15 AS 47.38.020, except that a judicial officer may not impose this condition unless the 16 person has been charged with an alcohol-related or substance-abuse-related offense 17 that is an unclassified felony, a class A felony, a sexual felony, or a crime involving 18 domestic violence; 19 (15) order the person to comply with any other condition that is 20 reasonably necessary to ensure the appearance of the person and to ensure the safety 21 of the victim, other persons, and the community. 22 (i) In determining the conditions of release under this chapter, the court shall 23 consider the following: 24 (1) the nature and circumstances of the offense charged; 25 (2) the weight of the evidence against the person; 26 (3) the nature and extent of the person's family ties and relationships; 27 (4) the person's employment status and history; 28 (5) the length and character of the person's past and present residence; 29 (6) the person's record of convictions; 30 (7) the person's record of appearance at court proceedings; 31 (8) assets available to the person to meet monetary conditions of 01 release; 02 (9) the person's reputation, character, and mental condition; 03 (10) the effect of the offense on the victim, any threats made to the 04 victim, and the danger that the person poses to the victim; 05 (11) the conditions of release recommended by the pretrial services 06 officer; 07 (12) the person's pretrial risk assessment score; and 08 (13) any other facts that are relevant to the person's appearance or the 09 person's danger to the victim, other persons, or the community. 10 (j) Except as otherwise provided in this chapter, the burden of proof is on the 11 prosecuting authority that a person charged with an offense should be detained or 12 released with conditions described in this section or AS 12.30.016. Any monetary or 13 nonmonetary condition or conditions imposed by the court under this section shall be 14 the least restrictive condition or conditions that will reasonably ensure the appearance 15 of the person in court and the safety of the victim, other persons, and the community. 16 (k) If the report prepared by the pretrial services officer under AS 33.07 is not 17 available at the time of the first appearance or bail review hearing, the court shall 18 impose the least restrictive condition or conditions that will reasonably ensure the 19 appearance of the person in court and the safety of the victim, other persons, and the 20 community. 21  * Sec. 48. AS 12.30.016(b) is amended to read: 22 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 23 AS 28.35.030, or 28.35.032, a judicial officer may order the person 24 (1) to refrain from 25 (A) consuming alcoholic beverages; or 26 (B) possessing on the person, in the person's residence, or in 27 any vehicle or other property over which the person has control, alcoholic 28 beverages; 29 (2) to submit to a search without a warrant of the person, the person's 30 personal property, the person's residence, or any vehicle or other property over which 31 the person has control, for the presence of alcoholic beverages by a peace officer or  01 pretrial services officer who has reasonable suspicion that the person is violating the 02 conditions of the person's release by possessing alcoholic beverages; 03 (3) to submit to a breath test when requested by a law enforcement 04 officer or pretrial services officer; 05 (4) to provide a sample for a urinalysis or blood test when requested by 06 a law enforcement officer or pretrial services officer; 07 (5) to take a drug or combination of drugs intended to prevent 08 substance abuse; 09 (6) to follow any treatment plan imposed by the court under 10 AS 28.35.028; 11 (7) to comply with a program established under AS 47.38.020. 12  * Sec. 49. AS 12.30.016(c) is amended to read: 13 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 14 officer may order the person 15 (1) to refrain from 16 (A) consuming a controlled substance; or 17 (B) possessing on the person, in the person's residence, or in 18 any vehicle or other property over which the person has control, a controlled 19 substance or drug paraphernalia; 20 (2) to submit to a search without a warrant of the person, the person's 21 personal property, the person's residence, or any vehicle or other property over which 22 the person has control, for the presence of a controlled substance or drug paraphernalia 23 by a peace officer or pretrial services officer who has reasonable suspicion that the 24 person is violating the terms of the person's release by possessing controlled 25 substances or drug paraphernalia; 26 (3) to enroll in a random drug testing program, at the person's expense, 27 with testing to occur not less than once a week, or to submit to random drug  28 testing by the pretrial services office in the Department of Corrections to detect 29 the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS 30 THAN ONCE A WEEK, AND] with the results being submitted to the court and the 31 prosecuting authority; 01 (4) to refrain from entering or remaining in a place where a controlled 02 substance is being used, manufactured, grown, or distributed; 03 (5) to refrain from being physically present at, within a two-block area 04 of, or within a designated area near, the location where the alleged offense occurred or 05 at other designated places, unless the person actually resides within that area; 06 (6) to refrain from the use or possession of an inhalant; or 07 (7) to comply with a program established under AS 47.38.020. 08  * Sec. 50. AS 12.30.021(a) is amended to read: 09 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 10 a judicial officer may appoint a third-party custodian if the officer finds, on the  11 record, that 12 (1) pretrial supervision under AS 33.07 is not available in the  13 person's location;  14 (2) no secured appearance or performance bonds have been  15 ordered; and  16 (3) no other conditions of release or combination of conditions can  17 [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER 18 CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety 19 of the victim, other persons, and the community. 20  * Sec. 51. AS 12.30.021(c) is amended to read: 21 (c) A judicial officer may not appoint a person as a third-party custodian if 22 (1) the proposed custodian is acting as a third-party custodian for 23 another person; 24 (2) the proposed custodian has been convicted in the previous three 25 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 26 (3) criminal charges are pending in this state or another jurisdiction 27 against the proposed custodian; 28 (4) the proposed custodian is on probation in this state or another 29 jurisdiction for an offense; 30 (5) there is a reasonable probability that the state will call the 31 proposed custodian [MAY BE CALLED] as a witness in the prosecution of the 01 person; 02 (6) the proposed custodian resides out of state; however, a nonresident 03 may serve as a custodian if the nonresident resides in the state while serving as 04 custodian. 05 * Sec. 52. AS 12.30.055 is amended by adding a new subsection to read: 06 (b) A person who is in custody in connection with a petition to revoke 07 probation for a technical violation of probation under AS 12.55.110 shall be released 08 after the person has served the maximum number of days that the court could impose 09 on the person for a technical violation of probation under AS 12.55.110. 10  * Sec. 53. AS 12.55.011 is amended by adding a new subsection to read: 11 (b) At the time of sentencing, the court shall provide the victim with a form 12 that 13 (1) provides information on 14 (A) whom the victim should contact if the victim has questions 15 about the sentence or release of the offender; 16 (B) the potential for release of the offender on furlough, 17 probation, or parole or for good time credit; and 18 (2) allows the victim to update the victim's contact information with 19 the court and with the Department of Corrections. 20  * Sec. 54. AS 12.55.025(a) is amended to read: 21 (a) When imposing a sentence for conviction of a felony offense or a sentence 22 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 23 regulation adopted under AS 04, or an ordinance adopted in conformity with 24 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 25 includes the following: 26 (1) a verbatim record of the sentencing hearing and any other in-court 27 sentencing procedures; 28 (2) findings on material issues of fact and on factual questions required 29 to be determined as a prerequisite to the selection of the sentence imposed; 30 (3) a clear statement of the terms of the sentence imposed; if a term of 31 imprisonment is imposed, the statement must include 01 (A) the approximate minimum term the defendant is expected 02 to serve before being released or placed on mandatory parole if the defendant 03 is eligible for and does not forfeit good conduct deductions under 04 AS 33.20.010; and 05 (B) if applicable, the approximate minimum term of 06 imprisonment the defendant must serve before becoming eligible for release on 07 discretionary or administrative parole; 08 (4) any recommendations as to the place of confinement or the manner 09 of treatment; and 10 (5) in the case of a conviction for a felony offense, information 11 assessing 12 (A) the financial, emotional, and medical effects of the offense 13 on the victim; 14 (B) the need of the victim for restitution; and 15 (C) any other information required by the court. 16  * Sec. 55. AS 12.55.025(c) is amended to read: 17 (c) Except as provided in (d) of this section, when a defendant is sentenced to 18 imprisonment, the term of confinement commences on the date of imposition of 19 sentence unless the court specifically provides that the defendant must report to serve 20 the sentence on another date. If the court provides another date to begin the term of 21 confinement, the court shall provide the defendant with written notice of the date, 22 time, and location of the correctional facility to which the defendant must report. A 23 defendant shall receive credit for time spent in custody pending trial, sentencing, or 24 appeal, if the detention was in connection with the offense for which sentence was 25 imposed including a technical violation of probation as provided in AS 12.55.110. 26 A defendant may not receive credit for more than the actual time spent in custody 27 pending trial, sentencing, or appeal. The time during which a defendant is voluntarily 28 absent from official detention after the defendant has been sentenced may not be 29 credited toward service of the sentence. 30  * Sec. 56. AS 12.55.027(d) is amended to read: 31 (d) A court may grant credit of not more than 120 days against a sentence of 01 imprisonment imposed following conviction for an offense for time spent under 02 electronic monitoring that complies with AS 33.30.011(10), if the person has not 03 committed a criminal offense while under electronic monitoring and the court imposes 04 restrictions on the person's freedom of movement and behavior while under the 05 electronic monitoring program, including requiring the person to be confined to a 06 residence except for a 07 (1) court appearance; 08 (2) meeting with counsel; or 09 (3) period during which the person is at a location ordered by the court 10 for the purposes of employment, attending educational or vocational training, 11 performing community volunteer work, or attending a rehabilitative activity or 12 medical appointment. 13  * Sec. 57. AS 12.55.027 is amended by adding a new subsection to read: 14 (f) To qualify as a treatment program under this section, a program must 15 (1) be intended to address criminogenic traits or behaviors; 16 (2) provide measures of progress or completion; and 17 (3) require notification to the court or probation officer of violations of 18 conditions of bail or probation. 19  * Sec. 58. AS 12.55.051(a) is amended to read: 20 (a) If the defendant defaults in the payment of a fine or any installment or of 21 restitution or any installment, the court may order the defendant to show cause why 22 the defendant should not be sentenced to imprisonment for nonpayment and, if the 23 payment was made a condition of the defendant's probation, may revoke the probation 24 of the defendant subject to the limits set out in AS 12.55.110. In a contempt or 25 probation revocation proceeding brought as a result of failure to pay a fine or 26 restitution, it is an affirmative defense that the defendant was unable to pay despite 27 having made continuing good faith efforts to pay the fine or restitution. If the court 28 finds that the defendant was unable to pay despite having made continuing good faith 29 efforts, the defendant may not be imprisoned solely because of the inability to pay. If 30 the court does not find that the default was attributable to the defendant's inability to 31 pay despite having made continuing good faith efforts to pay the fine or restitution, the 01 court may order the defendant imprisoned subject to the limits set out in  02 AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of 03 imprisonment imposed under this section may not exceed one day for each $50 of the 04 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 05 be given toward satisfaction of the order of the court for every day a person is 06 incarcerated for nonpayment of a fine or restitution. 07  * Sec. 59. AS 12.55.055(a) is amended to read: 08 (a) The court may order a defendant convicted of an offense to perform 09 community work as a condition of probation, a suspended sentence, [OR] suspended 10 imposition of sentence, or suspended entry of judgment, or in addition to any fine or 11 restitution ordered. If the defendant is sentenced to imprisonment, the court may 12 recommend to the Department of Corrections that the defendant perform community 13 work. 14  * Sec. 60. AS 12.55.055(c) is amended to read: 15 (c) The court may offer a defendant convicted of an offense the option of 16 performing community work in lieu of a fine, surcharge, or portion of a fine or 17 surcharge if the court finds the defendant is unable to pay the fine. The value of 18 community work in lieu of a fine is the state's minimum wage for each [$3 PER] 19 hour. 20  * Sec. 61. AS 12.55.055 is amended by adding new subsections to read: 21 (g) The court may not 22 (1) offer a defendant convicted of an offense the option of serving jail 23 time in lieu of performing uncompleted community work previously ordered by the 24 court; or 25 (2) convert uncompleted community work hours into a sentence of 26 imprisonment. 27 (h) If a court orders community work as part of the defendant's sentence under 28 this section, the court shall provide notice to the defendant at sentencing and include 29 as a provision of the judgment that, if the defendant fails to provide proof of 30 community work within 20 days after the date set by the court, the court shall convert 31 those community work hours to a fine equal to the number of uncompleted work hours 01 multiplied by the state's minimum hourly wage and issue a judgment against the 02 defendant for that amount. 03  * Sec. 62. AS 12.55 is amended by adding a new section to read: 04 Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f) 05 of this section, if a person is found guilty or pleads guilty to a crime, the court may, 06 with the consent of the defendant and the prosecution and without imposing or 07 entering a judgment of guilt, defer further proceedings and place the person on 08 probation. The period of probation may not exceed the applicable terms set out in 09 AS 12.55.090(c). 10 (b) The court shall impose conditions of probation for a person on probation 11 as provided in (a) of this section, which may include that the person 12 (1) abide by all local, state, and federal laws; 13 (2) not leave the state without prior consent of the court; 14 (3) pay restitution as ordered by the court; and 15 (4) obey any other conditions of probation set by the court. 16 (c) At any time during the probationary term of the person released on 17 probation, a probation officer may, without warrant or other process, rearrest the 18 person so placed in the officer's care and bring the person before the court, or the court 19 may, in its discretion, issue a warrant for the rearrest of the person. The court may 20 revoke and terminate the probation if the court finds that the person placed on 21 probation is 22 (1) violating the conditions of probation; 23 (2) engaging in criminal practices; or 24 (3) violating an order of the court to participate in or comply with the 25 treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 26 (d) If the court finds that the person has successfully completed probation, the 27 court shall, at the end of the probationary period set by the court, or at any time after 28 the expiration of one year from the date of the original probation, discharge the person 29 and dismiss the proceedings against the person. 30 (e) If the court finds that the person has violated the conditions of probation 31 ordered by the court, the court may revoke and terminate the person's probation, enter 01 judgment on the person's previous plea or finding of guilt, and pronounce sentence at 02 any time within the maximum probation period authorized by this section. 03 (f) The court may not suspend the imposition or entry of judgment and may 04 not defer prosecution under this section of a person who 05 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 06 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 07 AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 08 (2) uses a firearm in the commission of the offense for which the 09 person is convicted; 10 (3) has previously been granted a suspension of judgment under this 11 section or a similar statute in another jurisdiction, unless the court enters written 12 findings that by clear and convincing evidence the person's prospects for rehabilitation 13 are high and suspending judgment under this section adequately protects the victim of 14 the offense, if any, and the community; 15 (4) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 16 and the person has one or more prior convictions for a misdemeanor violation of 17 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 18 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 19 felony in this state; for the purposes of this paragraph, a person shall be considered to 20 have a prior conviction even if 21 (A) the charges were dismissed under this section; 22 (B) the conviction has been set aside under AS 12.55.085; or 23 (C) the charge or conviction was dismissed or set aside under 24 an equivalent provision of the laws of another jurisdiction; or 25 (5) has been convicted of a crime involving domestic violence, as 26 defined in AS 18.66.990. 27  * Sec. 63. AS 12.55.090(b) is amended to read: 28 (b) Except as otherwise provided in (f) of this section, the court may revoke or 29 modify any condition of probation, [OR MAY] change the period of probation, or  30 terminate probation and discharge the defendant from probation. 31  * Sec. 64. AS 12.55.090(c) is amended to read: 01 (c) The period of probation, together with any extension, may not exceed 02 (1) 10 [25] years for a felony sex offense; [OR] 03 (2) 10 years for an unclassified felony under AS 11;  04 (3) five years for a felony offense not listed in (1) or (2) of this  05 subsection;  06 (4) three years for an offense under AS 11.41.230;  07 (5) two years for a misdemeanor offense under AS 28.35.030 or  08 28.35.032, if the person has previously been convicted of an offense under  09 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another  10 jurisdiction; or  11 (6) one year for an offense not listed in (1) - (5) of this subsection 12 [ANY OTHER OFFENSE]. 13  * Sec. 65. AS 12.55.090(f) is amended to read: 14 (f) Unless the defendant and the prosecuting authority agree at the probation 15 revocation proceeding or other proceeding related to a probation violation, the  16 person qualifies for a reduction under AS 33.05.020(h), or a probation officer  17 recommends to the court that probation be terminated and the defendant be  18 discharged from probation under (g) of this section or AS 33.05.040, the court may 19 not reduce the specific period of probation [,] or the specific term of suspended 20 incarceration except by the amount of incarceration imposed for a probation violation, 21 if 22 (1) the sentence was imposed in accordance with a plea agreement 23 under Rule 11, Alaska Rules of Criminal Procedure; and 24 (2) the agreement required a specific period of probation or a specific 25 term of suspended incarceration. 26  * Sec. 66. AS 12.55.090 is amended by adding new subsections to read: 27 (g) A probation officer shall recommend to the court that probation be 28 terminated and a defendant be discharged from probation if the defendant 29 (1) has completed at least one year on probation; 30 (2) has completed all treatment programs required as a condition of 31 probation; 01 (3) has not been found in violation of conditions of probation by the 02 court for at least one year; 03 (4) is currently in compliance with all conditions of probation for all of 04 the cases for which the person is on probation; and 05 (5) has not been convicted of 06 (A) an unclassified felony offense under AS 11; 07 (B) a sexual felony as defined by AS 12.55.185; 08 (C) a crime involving domestic violence as defined by 09 AS 18.66.990; or 10 (D) a misdemeanor. 11 (h) Before a court may terminate probation and discharge the defendant before 12 the period of probation for the offense has been completed under (g) of this section, 13 the court shall allow victims to comment in writing to the court or allow a victim to 14 give sworn testimony or make an unsworn oral presentation at a hearing held to 15 determine whether to reduce the period of probation or terminate probation and 16 discharge the defendant. 17 (i) If a probation officer recommends to the court that probation be terminated 18 and a defendant be discharged from probation under (g) of this section and the victim 19 has earlier requested to be notified, the Department of Corrections shall send the 20 victim notice of the recommendation under (g) of this section and inform the victim of 21 the victim's rights under this section, the deadline for receipt of written comments, the 22 hearing date, and the court's address. 23 (j) If the victim submits written comments directly to the court and the parties 24 do not otherwise have the victim statements, the court shall distribute the statements to 25 the parties. 26 (k) In deciding whether to terminate probation and discharge the defendant 27 from probation under (g) of this section, the court shall consider the victim's 28 comments, testimony, or unsworn oral presentation, when relevant, and any response 29 by the prosecuting attorney and defendant. 30 (l) If a victim desires notice under this section, the victim shall maintain a 31 current, valid mailing address on file with the commissioner of corrections. The 01 commissioner shall send the notice to the victim's last known address. The victim's 02 address may not be disclosed to the defendant or the defendant's attorney. 03 (m) The court shall discharge the defendant from probation upon completion 04 of the period of probation. The period of probation is considered to be completed 05 when the combination of time served and credits earned under AS 33.05.020 is equal 06 to the probation period imposed, or after the probationer has been discharged from 07 probation under this section. 08  * Sec. 67. AS 12.55.100(a) is amended to read: 09 (a) While on probation and among the conditions of probation, the defendant 10 (1) shall be required to obey all state, federal, and local laws or  11 ordinances, and any court orders applicable to the probationer; and  12 (2) may be required 13 (A) [(1)] to pay a fine in one or several sums; 14 (B) [(2)] to make restitution or reparation to aggrieved parties 15 for actual damages or loss caused by the crime for which conviction was had, 16 including compensation to a victim that is a nonprofit organization for the 17 value of labor or goods provided by volunteers if the labor or goods were 18 necessary to alleviate or mitigate the effects of the defendant's crime; when 19 determining the amount of actual damages or loss under this subparagraph 20 [PARAGRAPH], the court shall value property as the market value of the 21 property at the time and place of the crime or, if the market value cannot 22 reasonably be ascertained, the cost of the replacement of the property within a 23 reasonable time after the crime; 24 (C) [(3)] to provide for the support of any persons for whose 25 support the defendant is legally responsible; 26 (D) [(4)] to perform community work in accordance with 27 AS 12.55.055; 28 (E) [(5)] to participate in or comply with the treatment plan of 29 an inpatient or outpatient rehabilitation program specified by either the court or 30 the defendant's probation officer that is related to the defendant's offense or to 31 the defendant's rehabilitation; 01 (F) [(6)] to satisfy the screening, evaluation, referral, and 02 program requirements of an agency authorized by the court to make referrals 03 for rehabilitative treatment or to provide rehabilitative treatment; 04 (G) [AND (7)] to comply with a program established under 05 AS 47.38.020; and  06 (H) to comply with the sanctions imposed by the  07 defendant's probation officer under AS 33.05.020(g). 08  * Sec. 68. AS 12.55.100(c) is amended to read: 09 (c) A program of inpatient treatment may be required by the authorized 10 agency under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and 11 may not exceed the maximum term of inpatient treatment specified in the judgment. A 12 person who has been referred for inpatient treatment may make a written request to the 13 sentencing court asking the court to review the referral. The request for review shall be 14 made within seven days after [OF] the agency's referral, and shall specifically set out 15 the grounds on [UPON] which the request for review is based. The court may order a 16 hearing on the request for review. 17 * Sec. 69. AS 12.55.110 is amended by adding new subsections to read: 18 (c) If a defendant is serving a period of probation for an offense, the court may 19 find that the defendant has committed a technical violation of probation. If the court 20 finds that a defendant has committed a technical violation of probation that does not 21 include absconding, the court may reinstate the term of probation with appropriate 22 conditions or impose a sentence of imprisonment of not more than 23 (1) three days for the first petition to revoke probation filed with the 24 court; 25 (2) five days for the second petition to revoke probation filed with the 26 court; 27 (3) 10 days for the third petition to revoke probation filed with the 28 court; or 29 (4) up to the remainder of the suspended portion of the sentence for a 30 fourth or subsequent petition to revoke probation. 31 (d) If the court revokes a person's probation for absconding, the court may 01 impose a period of imprisonment not to exceed 30 days. 02 (e) The limits set out in this section on the length of imprisonment for a 03 revocation do not apply if a probationer is enrolled in a program established under 04 AS 33.05.020(f). 05 (f) If the defendant is ordered to complete treatment under 06 AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order 07 the defendant to show cause why the defendant should not be sentenced to 08 imprisonment for noncompletion of treatment and may revoke the suspended sentence 09 subject to the limits established in this section. In a contempt or probation revocation 10 proceeding brought as a result of failure to complete treatment, it is an affirmative 11 defense that the defendant was unable to afford the cost of treatment or secure a place 12 in a free treatment program, despite having made continuing good faith efforts. If the 13 court finds that the defendant was unable to complete treatment despite having made 14 continuing good faith efforts, the defendant may not be imprisoned solely because of 15 an inability to pay. If the court does not find that the noncompletion of treatment was 16 attributable to the defendant's inability to pay, the court may order the defendant 17 imprisoned subject to the limits established in this section. 18 (g) Notwithstanding (c) of this section, a court may not find a technical 19 violation under this section if a person convicted of a sex offense, as described in 20 AS 12.63.100, violates a condition of probation provided in AS 12.55.100(e). 21 (h) In this section, 22 (1) "absconding" means failing to report within five working days after 23 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 24 with a probation officer, as ordered by the court or as directed by the probation officer, 25 and failing to make contact with the probation officer within 30 days following the 26 missed meeting; 27 (2) "technical violation" means a violation of the conditions of 28 probation that does not result from 29 (A) an arrest for a new criminal offense; 30 (B) failing to complete sex offender treatment; or 31 (C) failing to complete an intervention program for batterers. 01  * Sec. 70. AS 12.55.115 is amended to read: 02 Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole  03 at sentencing. The court may, as part of a sentence of imprisonment, further restrict 04 the eligibility of a prisoner for discretionary or administrative parole for a term 05 greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and 06 33.16.100. 07 * Sec. 71. AS 12.55.125(a) is amended to read: 08 (a) A defendant convicted of murder in the first degree or murder of an unborn 09 child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment 10 of at least 25 [20] years but not more than 99 years. A defendant convicted of murder 11 in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years 12 when 13 (1) the defendant is convicted of the murder of a uniformed or 14 otherwise clearly identified peace officer, firefighter, or correctional employee who 15 was engaged in the performance of official duties at the time of the murder; 16 (2) the defendant has been previously convicted of 17 (A) murder in the first degree under AS 11.41.100 or former 18 AS 11.15.010 or 11.15.020; 19 (B) murder in the second degree under AS 11.41.110 or former 20 AS 11.15.030; or 21 (C) homicide under the laws of another jurisdiction when the 22 offense of which the defendant was convicted contains elements similar to first 23 degree murder under AS 11.41.100 or second degree murder under 24 AS 11.41.110; 25 (3) the defendant subjected the murder victim to substantial physical 26 torture; 27 (4) the defendant is convicted of the murder of and personally caused 28 the death of a person, other than a participant, during a robbery; or 29 (5) the defendant is a peace officer who used the officer's authority as a 30 peace officer to facilitate the murder. 31  * Sec. 72. AS 12.55.125(b) is amended to read: 01 (b) A defendant convicted of attempted murder in the first degree, solicitation 02 to commit murder in the first degree, conspiracy to commit murder in the first degree, 03 kidnapping, or misconduct involving a controlled substance in the first degree shall be 04 sentenced to a definite term of imprisonment of at least five years but not more than 05 99 years. A defendant convicted of murder in the second degree or murder of an 06 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 07 imprisonment of at least 15 [10] years but not more than 99 years. A defendant 08 convicted of murder in the second degree shall be sentenced to a definite term of 09 imprisonment of at least 20 years but not more than 99 years when the defendant is 10 convicted of the murder of a child under 16 years of age and the court finds by clear 11 and convincing evidence that the defendant (1) was a natural parent, a stepparent, an 12 adoptive parent, a legal guardian, or a person occupying a position of authority in 13 relation to the child; or (2) caused the death of the child by committing a crime against 14 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 15 "position of authority" have the meanings given in AS 11.41.470. 16  * Sec. 73. AS 12.55.125(c) is amended to read: 17 (c) Except as provided in (i) of this section, a defendant convicted of a class A 18 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 19 and shall be sentenced to a definite term within the following presumptive ranges, 20 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 21 (1) if the offense is a first felony conviction and does not involve 22 circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years; 23 (2) if the offense is a first felony conviction 24 (A) and the defendant possessed a firearm, used a dangerous 25 instrument, or caused serious physical injury or death during the commission 26 of the offense, or knowingly directed the conduct constituting the offense at a 27 uniformed or otherwise clearly identified peace officer, firefighter, correctional 28 employee, emergency medical technician, paramedic, ambulance attendant, or 29 other emergency responder who was engaged in the performance of official 30 duties at the time of the offense, five [SEVEN] to nine [11] years; 31 (B) and the conviction is for manufacturing related to 01 methamphetamine under AS 11.71.030(a)(4)(A) or (B) 02 [AS 11.71.020(a)(2)(A) OR (B)], seven to 11 years, if 03 (i) the manufacturing occurred in a building with 04 reckless disregard that the building was used as a permanent or 05 temporary home or place of lodging for one or more children under 18 06 years of age or the building was a place frequented by children; or 07 (ii) in the course of manufacturing or in preparation for 08 manufacturing, the defendant obtained the assistance of one or more 09 children under 18 years of age or one or more children were present; 10 (3) if the offense is a second felony conviction, eight [10] to 12 [14] 11 years; 12 (4) if the offense is a third felony conviction and the defendant is not 13 subject to sentencing under (l) of this section, 13 [15] to 20 years. 14  * Sec. 74. AS 12.55.125(d) is amended to read: 15 (d) Except as provided in (i) of this section, a defendant convicted of a class B 16 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 17 and shall be sentenced to a definite term within the following presumptive ranges, 18 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years; 21 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 22 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 23 probation under AS 12.55.086, the defendant is required to serve an active term of 24 imprisonment within the range specified in this paragraph, unless the court finds that a 25 mitigation factor under AS 12.55.155 applies; 26 (2) if the offense is a first felony conviction, 27 (A) the defendant violated AS 11.41.130, and the victim 28 (i) was a child under 16 years of age, two to four years; 29 (ii) was 16 years of age or older, one to two years; 30 (B) two to four years if the conviction is for an attempt, 31 solicitation, or conspiracy to manufacture related to methamphetamine under 01 AS 11.31 and AS 11.71.030(a)(4)(A) or (B) [AS 11.71.020(a)(2)(A) OR (B)], 02 and 03 (i) the attempted manufacturing occurred, or the 04 solicited or conspired offense was to have occurred, in a building with 05 reckless disregard that the building was used as a permanent or 06 temporary home or place of lodging for one or more children under 18 07 years of age or the building was a place frequented by children; or 08 (ii) in the course of an attempt to manufacture, the 09 defendant obtained the assistance of one or more children under 18 10 years of age or one or more children were present; 11 (3) if the offense is a second felony conviction, two [FOUR] to five 12 [SEVEN] years; 13 (4) if the offense is a third felony conviction, four [SIX] to 10 years. 14  * Sec. 75. AS 12.55.125(e) is amended to read: 15 (e) Except as provided in (i) of this section, a defendant convicted of a class C 16 felony may be sentenced to a definite term of imprisonment of not more than five 17 years, and shall be sentenced to a definite term within the following presumptive 18 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (4) of this subsection, probation, with a suspended term  21 of imprisonment of zero to 18 months [TWO YEARS; A DEFENDANT 22 SENTENCED UNDER THIS PARAGRAPH MAY, IF THE COURT FINDS IT 23 APPROPRIATE, BE GRANTED A SUSPENDED IMPOSITION OF SENTENCE 24 UNDER AS 12.55.085, AND THE COURT MAY, AS A CONDITION OF 25 PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE 26 AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN 27 THIS PARAGRAPH]; 28 (2) if the offense is a second felony conviction, one to three [TWO 29 TO FOUR] years; 30 (3) if the offense is a third felony conviction, two [THREE] to five 31 years; 01 (4) if the offense is a first felony conviction, and the defendant violated 02 AS 08.54.720(a)(15), one to two years. 03  * Sec. 76. AS 12.55.135(a) is amended to read: 04 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 05 definite term of imprisonment of not more than 06 (1) one year, if the  07 (A) conviction is for a crime with a mandatory minimum  08 term of 30 days or more of active imprisonment;  09 (B) trier of fact finds the aggravating factor that the  10 conduct constituting the offense was among the most serious conduct  11 included in the definition of the offense;  12 (C) defendant has past criminal convictions for conduct  13 violative of criminal laws, punishable as felonies or misdemeanors, similar  14 in nature to the offense for which the defendant is being sentenced; or  15 (D) conviction is for the crime of assault in the fourth  16 degree under AS 11.41.230; or  17 (2) 30 days. 18  * Sec. 77. AS 12.55.135(b) is amended to read: 19 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 20 definite term of imprisonment of not more than 10 [90] days unless otherwise 21 specified in the provision of law defining the offense or in this section. 22  * Sec. 78. AS 12.55.135 is amended by adding new subsections to read: 23 (l) A court sentencing a person convicted of theft in the fourth degree under 24 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of 25 identification marks under AS 11.46.260(b)(3), unlawful possession under 26 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal 27 simulation under AS 11.46.530(b)(3) may not impose 28 (1) a sentence of more than five days of suspended imprisonment and a 29 term of probation of more than six months if the person has previously been convicted 30 two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 31 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction 01 with substantially similar elements; or 02 (2) a sentence of active or suspended imprisonment if the person has 03 not been previously convicted, or has previously been convicted once, of an offense 04 under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a 05 law or ordinance of this or another jurisdiction with substantially similar elements. 06 (m) A court may not impose a sentence of imprisonment for a definite term of 07 more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110. 08 (n) A court sentencing a person convicted of misconduct involving a 09 controlled substance in the fourth degree under AS 11.71.050(a)(4) or misconduct 10 involving a controlled substance in the fifth degree under AS 11.71.060(a)(2) may not 11 impose 12 (1) a sentence of active imprisonment, unless the person has previously 13 been convicted more than once of an offense under AS 11.71 or a law of this or 14 another jurisdiction with elements substantially similar to an offense under AS 11.71; 15 or 16 (2) a sentence of suspended imprisonment greater than 17 (A) 30 days, if the defendant has not been previously convicted 18 of an offense under AS 11.71 or a law of this or another jurisdiction with 19 elements substantially similar to an offense under AS 11.71; or 20 (B) 180 days, if the person has been previously convicted of an 21 offense under AS 11.71 or a law of this or another jurisdiction with elements 22 substantially similar to an offense under AS 11.71. 23 (o) If an aggravating factor is a necessary element of the present offense, that 24 factor may not be used to impose a sentence above the high end of the range. 25 (p) If the state seeks to establish an aggravating factor at sentencing 26 (1) under (a)(1)(C) of this section, written notice must be served on the 27 opposing party and filed with the court not later than 10 days before the date set for 28 imposition of sentence; the aggravating factors in (a)(1)(C) of this section must be 29 established by clear and convincing evidence before the court sitting without a jury; all 30 findings must be set out with specificity; 31 (2) the aggravating factor under (a)(1)(B) of this section shall be 01 presented to a trial jury under procedures set by the court, unless the defendant waives 02 trial by jury, stipulates to the existence of the factor, or consents to have the factor 03 proven under procedures set out in (1) of this subsection; an aggravating factor 04 presented to a jury is established if proved beyond a reasonable doubt; written notice 05 of the intent to establish an aggravating factor must be served on the defendant and 06 filed with the court 07 (A) not later than 10 days before trial or at a time specified by 08 the court; 09 (B) not later than within 48 hours, or at a time specified by the 10 court, if the court instructs the jury about the option to return a verdict for a 11 lesser included offense; or 12 (C) not later than five days before entering a plea that results in 13 a finding of guilt or at a time specified by the court unless the defendant 14 waives the notice requirement. 15  * Sec. 79. AS 12.61.015(a) is amended to read: 16 (a) If a victim of a felony or a crime involving domestic violence requests, the 17 prosecuting attorney shall make a reasonable effort to 18 (1) confer with the person against whom the offense has been 19 perpetrated about that person's testimony before the defendant's trial; 20 (2) in a manner reasonably calculated to give prompt actual notice, 21 notify the victim 22 (A) of the defendant's conviction and the crimes of which the 23 defendant was convicted; 24 (B) of the victim's right in a case that is a felony to make a 25 written or oral statement for use in preparation of the defendant's presentence 26 report, and of the victim's right to appear personally at the defendant's 27 sentencing hearing to present a written statement and to give sworn testimony 28 or an unsworn oral presentation; 29 (C) of the address and telephone number of the office that will 30 prepare the presentence report; and 31 (D) of the time and place of the sentencing proceeding; 01 (3) notify the victim in writing of the final disposition of the case 02 within 30 days after final disposition of the case; 03 (4) confer with the victim [OF A CRIME INVOLVING DOMESTIC 04 VIOLENCE] concerning a proposed plea agreement before entering into an 05 agreement; 06 (5) inform the victim of a pending motion that may substantially delay 07 the prosecution and inform the court of the victim's position on the motion; in this 08 paragraph, a "substantial delay" is 09 (A) for a misdemeanor, a delay of one month or longer; 10 (B) for a felony, a delay of two months or longer; and 11 (C) for an appeal, a delay of six months or longer. 12  * Sec. 80. AS 12.70.130 is amended to read: 13 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 14 lawfully made by a peace officer or a private person without a warrant upon 15 reasonable information that the accused stands charged in the courts of another state 16 with a crime punishable by death or imprisonment for a term exceeding one year, but 17 when arrested the accused must be taken before a judge or magistrate without 18 unnecessary delay and, in any event, within 24 [48] hours after arrest, absent  19 compelling circumstances, including Sundays and holidays, and complaint shall be 20 made against the accused under oath setting out the ground for the arrest as in 21 AS 12.70.120. The hearing before the judge or magistrate may not take place  22 more than 48 hours after arrest. Thereafter the answer of the accused shall be heard 23 as if the accused had been arrested on a warrant. 24  * Sec. 81. AS 22.35.030 is amended by adding a new subsection to read: 25 (b) Notwithstanding (a) of this section, the Alaska Court System shall publish 26 the court record of a person who is granted a suspended entry of judgment under 27 AS 12.55.078 on a publicly available website with a notation indicating a suspended 28 entry of judgment. 29  * Sec. 82. AS 28.15.165 is amended by adding a new subsection to read: 30 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 31 license has been revoked under this section as a result of a refusal to submit to a 01 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 02 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 03 municipal ordinance in which the test produced a result described in 04 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 05 department shall rescind a revocation under this subsection if the department finds that 06 the person has supplied proof in a form satisfactory to the department that 07 (1) the person has been acquitted of driving while under the influence 08 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a 09 similar municipal ordinance for the incident on which the revocation was based; or 10 (2) all criminal charges against the person for driving while under the 11 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit 12 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 13 the incident on which the revocation is based have been dismissed without prejudice. 14  * Sec. 83. AS 28.15.181(f) is amended to read: 15 (f) The court may terminate a revocation for an offense described in (a)(5) or 16 (8) of this section if 17 (1) either 18 (A) the person's license, privilege to drive, or privilege to 19 obtain a license has been revoked for the minimum periods set out in (c) of this 20 section; or 21 (B) the person  22 (i) has successfully completed a court-ordered  23 treatment program under AS 28.35.028;  24 (ii) has not been convicted of a violation of  25 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or  26 another jurisdiction since completing the program; and  27 (iii) has been granted limited license privileges under  28 AS 28.15.201(g) and has successfully driven for three years under  29 that limited license without having the limited license privileges  30 revoked; and 31 (2) the person complies with the provisions of AS 28.15.211(d) and 01 (e). 02  * Sec. 84. AS 28.15.201 is amended by adding new subsections to read: 03 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 04 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 05 department when revoking a driver's license, privilege to drive, or privilege to obtain a 06 license under AS 28.15.165(c), may grant limited license privileges if 07 (1) the revocation was for a felony conviction under AS 28.35.030; 08 (2) the person has successfully participated for at least six months in, 09 or has successfully completed, a court-ordered treatment program under 10 AS 28.35.028; 11 (3) the person provides proof of insurance as required by AS 28.20.230 12 and 28.20.240; 13 (4) the person is required to use an ignition interlock device during the 14 period of the limited license whenever the person operates a motor vehicle in a 15 community not included in the list published by the department under 16 AS 28.22.011(b) and, when applicable, 17 (A) the person provides proof of installation of the ignition 18 interlock device on every vehicle the person operates; 19 (B) the person signs an affidavit acknowledging that 20 (i) operation by the person of a vehicle that is not 21 equipped with an ignition interlock device is subject to penalties for 22 driving with a revoked license; 23 (ii) circumventing or tampering with the ignition 24 interlock device is a class A misdemeanor; and 25 (iii) the person is required to maintain the ignition 26 interlock device throughout the period of the limited license, to keep 27 up-to-date records in each vehicle showing that any required service 28 and calibration is current, and to produce those records immediately on 29 request; 30 (5) the person is enrolled in and is in compliance with or has 31 successfully completed the alcoholism screening, evaluation, referral, and program 01 requirements of the Department of Health and Social Services under AS 28.35.030(h); 02 (6) the person has not previously been granted a limited license under 03 this subsection and had the license revoked under (h) of this section; 04 (7) the person is participating in a program established under 05 AS 47.38.020 for a minimum of 120 days from the date a limited license is granted 06 under this section. 07 (h) The court or the department may immediately revoke a limited license 08 granted under (g) of this section if the person is convicted of a violation of 09 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 10 or if the person is not in compliance with a court-ordered treatment program under 11 AS 28.35.028. 12 * Sec. 85. AS 28.15.291(a) is repealed and reenacted to read: 13 (a) A person commits the crime of driving while license canceled, suspended, 14 revoked, or in violation of a limitation if the person drives 15 (1) a motor vehicle on a highway or vehicular way or area at a time 16 when that person's driver's license, privilege to drive, or privilege to obtain a license 17 has been canceled, suspended, or revoked under circumstances described in 18 AS 28.15.181(c) or a similar law in another jurisdiction; 19 (2) a motor vehicle on a highway or vehicular way or area at a time 20 when that person's driver's license, privilege to drive, or privilege to obtain a license 21 has been canceled, suspended, or revoked under circumstances other than those 22 described in (1) of this subsection; or 23 (3) in violation of a limitation placed on that person's license or 24 privilege to drive in this or another jurisdiction. 25  * Sec. 86. AS 28.15.291(b) is repealed and reenacted to read: 26 (b) Driving while license canceled, suspended, revoked, or in violation of a 27 limitation is 28 (1) a class A misdemeanor if the person violates (a)(1) of this section; 29 upon conviction the court shall impose a minimum sentence of imprisonment of not 30 less than 10 days 31 (A) with 10 days suspended if the person has not been 01 previously convicted under (a)(1) of this section or a similar law of another 02 jurisdiction; or 03 (B) if the person has been previously convicted under (a)(1) of 04 this section or a similar law in another jurisdiction; 05 (2) an infraction if the person violates (a)(2) or (3) of this section. 06  * Sec. 87. AS 28.35.028(b) is amended to read: 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 including imprisonment, fine, or license revocation, based on the defendant's 25 compliance with the treatment plan; when reducing a sentence, the court (1) may not 26 reduce the sentence below the mandatory minimum sentence for the offense unless the 27 court finds that the defendant has successfully complied with and completed the 28 treatment plan and that the treatment plan approximated the severity of the minimum 29 period of imprisonment, and (2) may consider the defendant's compliance with the 30 treatment plan as a mitigating factor allowing a reduction of a sentence under 31 AS 12.55.155(a). A court entering an order finding the defendant has violated 01 probation may withhold pronouncement of disposition to provide an incentive for the 02 defendant to complete the recommended treatment successfully. 03  * Sec. 88. AS 28.35.030(k) is amended to read: 04 (k) Imprisonment required under (b)(1)(A) of this section shall be served [AT 05 A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a 06 private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL 07 CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available, 08 imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a  09 private residence by other means determined by the commissioner of corrections  10 [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER 11 OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section 12 may be served at a community residential center or at a private residence if approved 13 by the commissioner of corrections. Imprisonment served at a private residence must 14 include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not  15 available, by other means as determined by the commissioner of corrections. The 16 cost of imprisonment resulting from the sentence imposed under (b)(1) of this section 17 shall be paid to the state by the person being sentenced. The [PROVIDED, 18 HOWEVER, THAT THE] cost of imprisonment required to be paid under this 19 subsection may not exceed $2,000. Upon the person's conviction, the court shall 20 include the costs of imprisonment as a part of the judgment of conviction. Except for 21 reimbursement from a permanent fund dividend as provided in this subsection, 22 payment of the cost of imprisonment is not required if the court determines the person 23 is indigent. For costs of imprisonment that are not paid by the person as required by 24 this subsection, the state shall seek reimbursement from the person's permanent fund 25 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 26 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 27 SENTENCED UNDER (b)(1)(A) OF THIS SECTION SHALL PERFORM AT 28 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 29 under (b)(1)(B) of this section shall perform at least 160 hours of community service 30 work, as required by the director of the community residential center or other 31 appropriate place, or as required by the commissioner of corrections if the sentence is 01 being served at a private residence. In this subsection, "appropriate place" means a 02 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 03 residence, and includes a correctional center, residential treatment facility, hospital, 04 halfway house, group home, work farm, work camp, or other place that provides 05 varying levels of restriction. 06  * Sec. 89. AS 28.35.030(l) is amended to read: 07 (l) The commissioner of corrections shall determine and prescribe by 08 regulation a uniform average cost of imprisonment for the purpose of determining the 09 cost of imprisonment required to be paid under (k) of this section by a convicted 10 person. The regulations must include the costs associated with electronic  11 monitoring under AS 33.30.065.  12  * Sec. 90. AS 28.35.030(o) is amended to read: 13 (o) Upon request, the department shall review a driver's license revocation 14 imposed under (b) or (n)(3) of this section and 15 (1) may restore the driver's license if 16 (A) [(1)] the license has been revoked for a period of at least 10 17 years; 18 (B) [(2)] the person has not been convicted of a criminal 19 offense since the license was revoked; and 20 (C) [(3)] the person provides proof of financial responsibility;  21 (2) shall restore the driver's license if  22 (A) the person has been granted limited license privileges  23 under AS 28.15.201(g) and has successfully driven under that limited  24 license for three years without having the limited license privileges  25 revoked;  26 (B) the person has successfully completed a court-ordered  27 treatment program under AS 28.35.028;  28 (C) the court previously terminated the person's revocation  29 as provided in AS 28.15.181(f)(1)(B);  30 (D) the person has not been convicted of a violation of  31 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another  01 jurisdiction since the license was revoked;  02 (E) the person's privilege to drive may be restored as  03 provided in AS 28.15.211; and  04 (F) the person provides proof of financial responsibility. 05  * Sec. 91. AS 28.35.032(o) is amended to read: 06 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a  07 private residence by electronic monitoring under AS 33.30.065. If electronic  08 monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A 09 COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under  10 (g)(1)(A) of this section shall be served at a private residence by other means as  11 determined by the commissioner of corrections [AT ANOTHER APPROPRIATE 12 PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. 13 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 14 community residential center or at a private residence if approved by the 15 commissioner of corrections. Imprisonment served at a private residence must include 16 electronic monitoring under AS 33.30.065 or, if electronic monitoring is not  17 available, shall be served by other means as determined by the commissioner of  18 corrections. The cost of imprisonment resulting from the sentence imposed under 19 (g)(1) of this section shall be paid to the state by the person being sentenced. The 20 [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid 21 under this subsection may not exceed $2,000. Upon the person's conviction, the court 22 shall include the costs of imprisonment as a part of the judgment of conviction. Except 23 for reimbursement from a permanent fund dividend as provided in this subsection, 24 payment of the cost of imprisonment is not required if the court determines the person 25 is indigent. For costs of imprisonment that are not paid by the person as required by 26 this subsection, the state shall seek reimbursement from the person's permanent fund 27 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 28 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 29 SENTENCED UNDER (g)(1)(A) OF THIS SECTION SHALL PERFORM AT 30 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 31 under (g)(1)(B) of this section shall perform at least 160 hours of community service 01 work, as required by the director of the community residential center or other 02 appropriate place, or as required by the commissioner of corrections if the sentence is 03 being served at a private residence. In this subsection, "appropriate place" means a 04 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 05 residence, and includes a correctional center, residential treatment facility, hospital, 06 halfway house, group home, work farm, work camp, or other place that provides 07 varying levels of restriction. 08  * Sec. 92. AS 28.35.036(a) is amended to read: 09 (a) After conviction of an offense under [AS 28.15.291(b),] AS 28.35.030 [,] 10 or 28.35.032, a motor vehicle, aircraft, or watercraft involved in the commission of the 11 offense is subject to forfeiture as provided under [AS 28.15.291(b),] AS 28.35.030 [,] 12 and 28.35.032. 13  * Sec. 93. AS 29.10.200(21) is amended to read: 14 (21) AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN 15 CIVIL ACTIONS)]; 16  * Sec. 94. AS 29.25.070(a) is amended to read: 17 (a) For the violation of an ordinance, a municipality may by ordinance 18 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days,  19 except as limited by (g) of this section. For a violation that cannot result in 20 incarceration or the loss of a valuable license, a municipality may allow disposition of 21 the violation without court appearance and establish a schedule of fine amounts for 22 each offense. 23  * Sec. 95. AS 29.25.070 is amended by adding a new subsection to read: 24 (g) If a municipality prescribes a penalty for a violation of a municipal 25 ordinance, including a violation under (a) of this section, and there is a comparable 26 state offense under AS 11 or AS 28 with elements that are similar to the municipal 27 ordinance, the municipality may not impose a greater punishment than that imposed 28 for a violation of the state law. This subsection applies to home rule and general law 29 municipalities. 30  * Sec. 96. AS 33.05.020 is amended by adding new subsections to read: 31 (g) The commissioner shall establish an administrative sanction and incentive 01 program to facilitate a swift and effective response to a probationer's compliance with 02 or violation of the conditions of probation. The commissioner shall adopt regulations 03 to implement the program. At a minimum, the regulations must include 04 (1) a decision-making process to guide probation officers in 05 determining the suitable response to positive and negative offender behavior that 06 includes a list of sanctions for the most common types of negative behavior, including 07 technical violations of conditions of probation, and a list of incentives for compliance 08 with conditions and positive behavior that exceeds those conditions; 09 (2) policies and procedures that ensure 10 (A) a process for responding to negative behavior that includes 11 a review of previous violations and sanctions; 12 (B) that enhanced sanctions for certain negative conduct are 13 approved by the commissioner or the commissioner's designee; and 14 (C) that appropriate due process protections are included in the 15 process, including notice of negative behavior, an opportunity to dispute the 16 accusation and the sanction, and an opportunity to request a review of the 17 accusation and the sanction. 18 (h) The commissioner shall establish by regulation a program allowing 19 offenders on probation for a felony offense to earn credits for complying with the 20 conditions of probation. The credits earned reduce the period of probation. Nothing in 21 this subsection prohibits the department from recommending to the court the early 22 discharge of the probationer as provided in AS 33.30. At a minimum, the regulations 23 must 24 (1) require that a probationer earn a credit of 30 days for each 30-day 25 period served in which the defendant complied with the conditions of probation; 26 (2) include policies and procedures for 27 (A) calculating and tracking credits earned by probationers; 28 (B) reducing the probationer's period of probation based on 29 credits earned by the probationer; and 30 (C) notifying a victim under AS 33.30.013.  31 * Sec. 97. AS 33.05.040 is amended to read: 01 Sec. 33.05.040. Duties of probation officers. A probation officer shall 02 (1) furnish to each probationer under the supervision of the officer a 03 written statement of the conditions of probation and shall instruct the probationer 04 regarding the same; 05 (2) keep informed concerning the conduct and condition of each 06 probationer under the supervision of the officer and shall report on the probationer to 07 the court placing the [SUCH] person on probation; 08 (3) use all suitable methods, not inconsistent with the conditions 09 imposed by the court, to aid probationers and to bring about improvements in their 10 conduct and condition; 11 (4) keep records of the probation work, including administrative  12 sanctions and incentives the probation officer imposes under AS 33.05.020(g), 13 keep accurate and complete accounts of all money collected from persons under the 14 supervision of the officer, give receipts for money collected and make at least monthly 15 returns of it, make the reports to the court and the commissioner required by them, and 16 perform other duties the court may direct; 17 (5) perform the [SUCH] duties with respect to persons on parole as the 18 commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole 19 officer;  20 (6) use administrative sanctions and incentives developed under  21 AS 33.05.020(g) to respond to a probationer's negative and positive behavior,  22 including responses to technical violations of conditions of probation, in a way  23 that is intended to interrupt negative behavior in a swift, certain, and  24 proportional manner and support progress with a recognition of positive  25 behavior; and  26 (7) upon determining that a probationer under the supervision of  27 the officer meets the requirements of AS 12.55.090(g), recommend to the court as  28 soon as practicable that probation be terminated and the probationer be  29 discharged from probation. 30  * Sec. 98. AS 33.05.080 is amended by adding a new paragraph to read: 31 (3) "administrative sanctions and incentives" means responses by a 01 probation officer to a probationer's compliance with or violation of the conditions of 02 probation under AS 33.05.020(g). 03  * Sec. 99. AS 33 is amended by adding a new chapter to read: 04 Chapter 07. Pretrial Services Program.  05 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 06 shall establish and administer a pretrial services program that provides a pretrial risk 07 assessment for all defendants, recommendations to the court concerning pretrial 08 release decisions, and supervision of defendants released while awaiting trial as 09 ordered by the court. 10 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 11 shall 12 (1) appoint and make available to the superior court and district court 13 qualified pretrial services officers; 14 (2) fix pretrial services officers' salaries; 15 (3) assign pretrial services officers to each judicial district; 16 (4) provide for the necessary supervision, training, expenses, including 17 clerical services, and travel of pretrial services officers; 18 (5) approve a risk assessment instrument that is objective, 19 standardized, and developed based on analysis of empirical data and risk factors 20 relevant to pretrial failure, that evaluates the likelihood of failure to appear in court 21 and the likelihood of rearrest during the pretrial period, and that is validated on the 22 state's pretrial population; and 23 (6) adopt regulations in consultation with the Department of Law, the 24 public defender, the Department of Public Safety, the office of victims' rights, and the 25 Alaska Court System, consistent with this chapter and as necessary to implement the 26 program; the regulations must include a process for pretrial services officers to make a 27 recommendation to the court concerning a pretrial release decision and guidelines for 28 pretrial diversion recommendations. 29 Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services 30 officers shall, in advance of a first appearance before a judicial officer under 31 AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument 01 approved by the commissioner for the purpose of making a recommendation to the 02 court concerning an appropriate pretrial release decision and conditions of release. In 03 conducting a pretrial risk assessment and making a recommendation to the court, the 04 department shall follow the decision-making process established by regulation under 05 this chapter. The pretrial risk assessment shall be completed and presented to the court 06 in a pretrial release report that contains a risk assessment rating of low, moderate, or 07 high and a recommendation regarding release and release conditions before the 08 defendant's first appearance before a judicial officer. 09 (b) A pretrial services officer shall make a recommendation under (a) of this 10 section for pretrial release to the court based on factors that include the results of a 11 pretrial risk assessment, the offense charged, and the least restrictive condition or 12 conditions that will reasonably ensure the appearance of the person in court and the 13 safety of the victim, other persons, and the community. The recommendation must 14 take into account 15 (1) the defendant's risk rating; 16 (2) the appropriateness for release on the defendant's own 17 recognizance or upon the execution of an unsecured appearance bond, unsecured 18 performance bond, or both; and 19 (3) the appropriateness of nonmonetary release conditions permitted 20 under AS 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those 21 conditions by a pretrial services officer for defendants who are recommended for 22 release. 23 (c) A pretrial services officer shall recommend for release on personal 24 recognizance, upon execution of an unsecured appearance bond, or upon execution of 25 an unsecured performance bond, with nonmonetary conditions as appropriate, if a 26 defendant is charged with 27 (1) a misdemeanor, unless that misdemeanor is 28 (A) a crime involving domestic violence, as defined in 29 AS 18.66.990; 30 (B) a crime against the person under AS 11.41; 31 (C) an offense under AS 11.56.730 or 11.56.757; 01 (2) a class C felony unless that felony is 02 (A) a crime involving domestic violence, as defined in 03 AS 18.66.990; 04 (B) a crime against the person under AS 11.41; 05 (C) an offense under AS 11.56.730; 06 (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has 07 been assessed as being low or moderate risk on the pretrial risk assessment. 08 (d) A pretrial services officer shall recommend release on personal 09 recognizance, upon execution of an unsecured appearance bond, or upon execution of 10 an unsecured performance bond, with nonmonetary conditions as appropriate, unless 11 the pretrial services officer finds 12 (1) by substantial evidence that no nonmonetary conditions of release 13 in combination with release on personal recognizance or upon execution of unsecured 14 bond can reasonably ensure public safety and appearance in court; and 15 (2) the defendant has been charged with 16 (A) an offense under AS 28.35.030 or 28.35.032, and the 17 offender has been assessed as high risk under a pretrial risk assessment; 18 (B) an offense under AS 11.56.730 or 11.56.757, and the 19 offender has been assessed as low to moderate risk under a pretrial risk 20 assessment; or 21 (C) any other offense, and the defendant has been assessed as 22 being low risk under a pretrial risk assessment. 23 (e) A pretrial services officer may supervise a defendant released while 24 awaiting trial, imposing the least restrictive level of supervision that will reasonably 25 ensure the appearance of the person in court and the safety of the victim, other 26 persons, and the community, and prioritizing higher levels of supervision for a 27 defendant accused of serious charges or assessed as moderate or high risk under a 28 pretrial risk assessment. The commissioner may, in accordance with AS 36.30, 29 procure and enter into agreements or contracts for the supervision of defendants on 30 electronic monitoring during the pretrial period. 31 (f) A pretrial services officer may 01 (1) recommend pretrial diversion to the court and parties before 02 adjudication in accordance with the guidelines established by the commissioner under 03 AS 33.07.020(6); 04 (2) arrest without a warrant a defendant who has been released while 05 awaiting trial if the officer has probable cause to believe the defendant has committed 06 an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's release 07 conditions; 08 (3) refer interested defendants for substance abuse screening, 09 assessment, and treatment on a voluntary basis; 10 (4) require that a defendant charged with an offense involving the use 11 of alcohol or controlled substances comply with a program established under 12 AS 47.38.020; and 13 (5) coordinate with community-based organizations and tribal courts 14 and councils to develop and expand pretrial diversion options. 15 Sec. 33.07.040. Pretrial services officers as officers of court. All pretrial 16 services officers shall be available to the superior and district courts and shall be 17 officers of the court. 18 Sec. 33.07.090. Definitions. In this chapter, 19 (1) "commissioner" means the commissioner of corrections; 20 (2) "program" means the pretrial services program. 21  * Sec. 100. AS 33.16.010(c) is amended to read: 22 (c) A prisoner who is not eligible for special medical, administrative, or 23 discretionary parole, or who is not released on special medical, administrative, or 24 discretionary parole, shall be released on mandatory parole for the term of good time 25 deductions credited under AS 33.20, if the term or terms of imprisonment are two 26 years or more. 27  * Sec. 101. AS 33.16.010(d) is amended to read: 28 (d) A prisoner released on special medical, administrative, discretionary, or 29 mandatory parole is subject to the conditions of parole imposed under AS 33.16.150. 30 Parole may be revoked under AS 33.16.220. 31  * Sec. 102. AS 33.16.010 is amended by adding a new subsection to read: 01 (f) A prisoner eligible under AS 33.16.089 shall be released on administrative 02 parole by the board of parole. 03  * Sec. 103. AS 33.16.060(a) is amended to read: 04 (a) The board shall 05 (1) serve as the parole authority for the state; 06 (2) [UPON RECEIPT OF AN APPLICATION,] consider the 07 suitability for parole of a prisoner who is eligible for discretionary parole at least 90  08 days before the prisoner's first date of eligibility and upon receipt of the  09 prisoner's application for special medical [OR DISCRETIONARY] parole; 10 (3) impose parole conditions on all prisoners released under special  11 medical, administrative, discretionary, or mandatory parole; 12 (4) under AS 33.16.210, discharge a person from parole when custody 13 is no longer required; 14 (5) maintain records of the meetings and proceedings of the board; 15 (6) recommend to the governor and the legislature changes in the law 16 administered by the board; 17 (7) recommend to the governor or the commissioner changes in the 18 practices of the department and of other departments of the executive branch 19 necessary to facilitate the purposes and practices of parole; 20 (8) upon request of the governor, review and recommend applicants 21 for executive clemency; and 22 (9) execute other responsibilities prescribed by law. 23  * Sec. 104. AS 33.16 is amended by adding a new section to read: 24 Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner who has 25 been convicted of a class B or C felony that is not a sex offense as defined in 26 AS 12.63.100 or criminally negligent homicide under AS 11.41.130, has not been 27 previously convicted of a felony in this or another jurisdiction, and has been sentenced 28 to an active term of imprisonment of at least 181 days shall be released on 29 administrative parole by the board without a hearing if 30 (1) the prisoner has served the greater of 31 (A) one-fourth of the active term of imprisonment imposed; 01 (B) the mandatory minimum term of imprisonment imposed; or 02 (C) a term of imprisonment imposed under AS 12.55.115; 03 (2) the prisoner is not excluded from eligibility for administrative 04 parole by court order; 05 (3) the prisoner has agreed to and signed the conditions of parole under 06 AS 33.16.150; 07 (4) the victim does not request a hearing to consider issues of public 08 safety under AS 33.16.120; and 09 (5) the prisoner has met the requirements of the case plan established 10 under AS 33.30.011(8). 11 (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090 12 does not meet the criteria for release on administrative parole under (a) of this section, 13 the board shall consider the prisoner for discretionary parole. 14 (c) If a victim makes a request at least 60 days before the prisoner's earliest 15 parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the 16 hearing not later than 30 days before the prisoner's earliest parole eligibility date. The 17 board may release or deny release of a prisoner on administrative parole after the 18 hearing. 19 (d) The board shall send notice to the victim at least 90 days before the 20 prisoner's earliest parole eligibility date and provide instructions on how to request a 21 hearing under AS 33.16.120. 22  * Sec. 105. AS 33.16.090(a) is amended to read: 23 (a) A prisoner sentenced to an active term of imprisonment of at least 181 24 days and who has not been released on administrative parole as provided in  25 AS 33.16.089 may, in the discretion of the board, be released on discretionary parole 26 if the prisoner 27 (1) has served the amount of time specified under (b) of this section, 28 except that 29 (A) [(1)] a prisoner sentenced to one or more mandatory 99- 30 year terms under AS 12.55.125(a) or one or more definite terms under 31 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 01 (B) [(2)] a prisoner is not eligible for consideration of 02 discretionary parole if made ineligible by order of a court under AS 12.55.115; 03 (C) [(3)] a prisoner imprisoned under AS 12.55.086 is not 04 eligible for discretionary parole unless the actual term of imprisonment is more 05 than one year; or  06 (2) is at least 60 years of age, has served at least 10 years of a  07 sentence for one or more crimes in a single judgment, and has not been convicted  08 of an unclassified felony or a sexual felony as defined in AS 12.55.185. 09  * Sec. 106. AS 33.16.090(b) is amended to read: 10 (b) A prisoner eligible under (a)(1) [(a)] of this section who is sentenced 11 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 12 released on discretionary parole until the prisoner has served the mandatory minimum 13 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 14 imposed, or any term set under AS 12.55.115, whichever is greatest; 15 (2) to a single sentence within or below a presumptive range set out in 16 AS 12.55.125(i)(1) and (2) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], 17 and has not been allowed by the three-judge panel under AS 12.55.175 to be 18 considered for discretionary parole release, may not be released on discretionary 19 parole until the prisoner has served the term imposed, less good time earned under 20 AS 33.20.010; 21 (3) to a single sentence under AS 12.55.125(i) [AS 12.55.125(c), (d)(2) 22 - (4), (e)(3) AND (4), OR (i)], and has been allowed by the three-judge panel under 23 AS 12.55.175 to be considered for discretionary parole release during the second half 24 of the sentence, may not be released on discretionary parole until 25 (A) the prisoner has served that portion of the active term of 26 imprisonment required by the three-judge panel; and 27 (B) in addition to the factors set out in AS 33.16.100(a), the 28 board determines that 29 (i) the prisoner has successfully completed all 30 rehabilitation programs ordered by the three-judge panel that were 31 made available to the prisoner; and 01 (ii) the prisoner would not constitute a danger to the 02 public if released on parole; 03 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 04 the applicable presumptive range may not be released on discretionary parole until the 05 prisoner has served the greater of the following: 06 (A) an amount of time, less good time earned under 07 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 08 of the amount of time above the presumptive range; or 09 (B) any term set under AS 12.55.115; 10 (5) to a single sentence under any other provision of law may not be 11 released on discretionary parole until the prisoner has served at least one-fourth of the 12 active term of imprisonment, any mandatory minimum sentence imposed under any 13 provision of law, or any term set under AS 12.55.115, whichever is greatest; 14 (6) to concurrent sentences may not be released on discretionary parole 15 until the prisoner has served the greatest of 16 (A) any mandatory minimum sentence or sentences imposed 17 under any provision of law; 18 (B) any term set under AS 12.55.115; or 19 (C) the amount of time that is required to be served under (1) - 20 (5) of this subsection for the sentence imposed for the primary crime, had that 21 been the only sentence imposed; 22 (7) to consecutive or partially consecutive sentences may not be 23 released on discretionary parole until the prisoner has served the greatest of 24 (A) the composite total of any mandatory minimum sentence or 25 sentences imposed under any provision of law, including AS 12.55.127; 26 (B) any term set under AS 12.55.115; or 27 (C) the amount of time that is required to be served under (1) - 28 (5) of this subsection for the sentence imposed for the primary crime, had that 29 been the only sentence imposed, plus one-quarter of the composite total of the 30 active term of imprisonment imposed as consecutive or partially consecutive 31 sentences imposed for all crimes other than the primary crime;  01 (8) to a single sentence under AS 12.55.125(i)(3) and (4), and has  02 not been allowed by the three-judge panel under AS 12.55.175 to be considered  03 for discretionary parole release, may not be released on discretionary parole until  04 the prisoner has served, after a deduction for good time earned under  05 AS 33.20.010, one-half of the active term of imprisonment imposed. 06  * Sec. 107. AS 33.16.100(a) is amended to read: 07 (a) The board may authorize the release of a prisoner convicted of an  08 unclassified felony who is otherwise eligible under AS 12.55.115 and  09 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 10 exists that 11 (1) the prisoner will live and remain at liberty without violating any 12 laws or conditions imposed by the board; 13 (2) the prisoner's rehabilitation and reintegration into society will be 14 furthered by release on parole; 15 (3) the prisoner will not pose a threat of harm to the public if released 16 on parole; and 17 (4) release of the prisoner on parole would not diminish the 18 seriousness of the crime. 19  * Sec. 108. AS 33.16.100(b) is amended to read: 20 (b) If the board finds a change in circumstances in a prisoner's preparole  21 reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED 22 UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who 23 has been granted a parole release date, the board may rescind or revise the previously 24 granted parole release date. In reconsidering the release date, the procedures set out in 25 AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed. 26  * Sec. 109. AS 33.16.100 is amended by adding new subsections to read: 27 (f) The board shall authorize the release of a prisoner who has been convicted 28 of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole 29 under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created 30 under AS 33.30.011(8), has agreed to and signed the condition of parole under 31 AS 33.16.150, and has not been released on administrative parole under AS 33.16.089, 01 unless the board finds by clear and convincing evidence on the record that the prisoner 02 poses a threat of harm to the public if released on parole. If the board finds that the 03 incomplete case plan is not the fault of the prisoner or that the prisoner would not pose 04 a threat of harm to the public if released on parole, the board may waive the case plan 05 requirement. 06 (g) When considering a prisoner for release on discretionary parole under 07 AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the 08 prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior 09 in prison, participation in treatment, and plans for reentering the community, a 10 reasonable probability exists that 11 (1) the prisoner will live and remain at liberty without violating any 12 laws or conditions imposed by the board; 13 (2) the prisoner's rehabilitation and reintegration into society will be 14 furthered by release on parole; 15 (3) the prisoner will not pose a threat of harm to the public if released 16 on parole; and 17 (4) release of the prisoner on parole would not diminish the 18 seriousness of the crime. 19  * Sec. 110. AS 33.16.110(a) is amended to read: 20 (a) In determining whether a prisoner is suitable for discretionary parole, the 21 board shall consider the preparole reports including 22 (1) the presentence report made to the sentencing court; 23 (2) the recommendations made by the sentencing court, by the 24 prosecuting attorney, and by the defense attorney, and any statements made by the 25 victim or the prisoner at sentencing; 26 (3) the prisoner's institutional conduct history while incarcerated; 27 (4) recommendations made by the staff of the correctional facilities in 28 which the prisoner was incarcerated; 29 (5) reports of prior crimes, juvenile histories, and previous experiences 30 of the prisoner on parole or probation; 31 (6) physical, mental, and psychiatric examinations of the prisoner; 01 (7) information submitted by the prisoner, the sentencing court, the 02 victim of the crime, the prosecutor, or other persons having knowledge of the prisoner 03 or the crime; 04 (8) information concerning an unjustified disparity in the sentence 05 imposed on a prisoner in relation to other sentences imposed under similar 06 circumstances; 07 (9) the case plan created under AS 33.30.011(8) for the prisoner,  08 including a compliance report on the case plan;  09 (10) a reentry plan created under AS 33.30.011(9); and 10 (11) [AND (9)] other relevant information that may be reasonably 11 available.  12  * Sec. 111. AS 33.16.120(a) is amended to read: 13 (a) If the victim of a crime against a person or arson in the first degree 14 requests notice of a scheduled hearing to review or consider discretionary parole for a 15 prisoner convicted of that crime, the board shall send notice of the hearing to the 16 victim at least 30 days before the hearing. The notice must be accompanied by a copy 17 of the prisoner's parole plan submitted to the board [APPLICATION FOR 18 PAROLE SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the parole  19 plan [APPLICATION] sent to the victim may not include the prisoner's confidential  20 health information, information protected under AS 33.16.170, proposed 21 residence, or [AND] employment addresses. 22  * Sec. 112. AS 33.16.120(f) is amended to read: 23 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 24 33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the 25 victim before the prisoner's release date. Notification under this subsection must 26 include the expected date of the prisoner's release, the geographic area in which the 27 prisoner is required to reside, and other pertinent information concerning the prisoner's 28 conditions of parole that may affect the victim. 29  * Sec. 113. AS 33.16.120(g) is amended to read: 30 (g) A victim of a crime involving domestic violence or of a sexual assault  31 under AS 11.41.410 - 11.41.427 shall be informed by the board at least 30 days in 01 advance of a scheduled hearing to review or consider [DISCRETIONARY] parole for 02 a prisoner. The board shall inform the victim of any decision to grant or deny 03 [DISCRETIONARY] parole or to release the prisoner under AS 33.16.010(c). If the 04 prisoner is to be released, the victim shall be notified of the expected date of the 05 release, the geographic area in which the prisoner will reside, and any other 06 information concerning conditions of parole that may affect the victim. The victim 07 shall also be informed of any changes in the conditions of parole that may affect the 08 victim. The board shall send the notice required to the last known address of the 09 victim. A person may not bring a civil action for damages for a failure to comply with 10 the provisions of this subsection. 11  * Sec. 114. AS 33.16.120 is amended by adding a new subsection to read: 12 (h) A victim who has a right to notice under (a) of this section may request a 13 hearing before a prisoner is released on administrative parole under AS 33.16.089. The 14 notice to the victim must include the procedure and time frame for requesting a 15 hearing. 16  * Sec. 115. AS 33.16.130 is repealed and reenacted to read: 17 Sec. 33.16.130. Parole procedures; consultation before parole. (a) The 18 parole board shall hold a hearing before granting an eligible prisoner special medical 19 or discretionary parole. The board shall also hold a hearing if requested by a victim 20 under procedures established for the request for a prisoner eligible for administrative 21 parole. A hearing shall be conducted within the following time frames: 22 (1) for prisoners eligible under AS 33.16.100(a) or (f), not less than 90 23 days before the first parole eligibility date, unless the prisoner is eligible for 24 administrative parole; 25 (2) for all other prisoners, not less than 30 days after the board is 26 notified of the need for a hearing by the commissioner or the commissioner's designee. 27 (b) The commissioner or the commissioner's designee shall furnish to the 28 prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner 29 shall be permitted access to all records that the board will consider in making its 30 decision except those that are made confidential by law. The prisoner may also 31 respond in writing to all materials the board considers, be present at the hearing, and 01 present evidence to the board. 02 (c) If the board denies parole, the board shall state the reasons for the denial, 03 identify all of the factors considered relevant to the denial, and provide a written plan 04 for addressing all of the factors relevant to the denial. The board may schedule a 05 subsequent parole hearing at the time of the denial or at a later date as follows: 06 (1) for the first parole denial, within two years after the first parole 07 eligibility date; 08 (2) for the second and subsequent denials, within two years after the 09 most recent parole hearing. 10 (d) The board shall issue its decision in writing and provide a copy of the 11 decision to the prisoner. 12 (e) Before granting parole to a prisoner under this chapter, the board shall 13 consult with a corrections officer designated by the commissioner. 14  * Sec. 116. AS 33.16.140 is amended to read: 15 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 16 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 17 custody ends, shall be furnished to each prisoner released on special medical, 18 administrative, discretionary, or mandatory parole. 19  * Sec. 117. AS 33.16.150(a) is amended to read: 20 (a) As a condition of parole, a prisoner released on special medical, 21 administrative, discretionary, or mandatory parole 22 (1) shall obey all state, federal, or local laws or ordinances, and any 23 court orders applicable to the parolee; 24 (2) shall make diligent efforts to maintain steady employment or meet 25 family obligations; 26 (3) shall, if involved in education, counseling, training, or treatment, 27 continue in the program unless granted permission from the parole officer assigned to 28 the parolee to discontinue the program; 29 (4) shall report 30 (A) upon release to the parole officer assigned to the parolee; 31 (B) at other times, and in the manner, prescribed by the board 01 or the parole officer assigned to the parolee; 02 (5) shall reside at a stated place and not change that residence without 03 notifying, and receiving permission from, the parole officer assigned to the parolee; 04 (6) shall remain within stated geographic limits unless written 05 permission to depart from the stated limits is granted the parolee; 06 (7) may not use, possess, handle, purchase, give, distribute, or 07 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 08 drug for which a prescription is required under state or federal law without a 09 prescription from a licensed medical professional to the parolee; 10 (8) may not possess or control a firearm; in this paragraph, "firearm" 11 has the meaning given in AS 11.81.900; 12 (9) may not enter into an agreement or other arrangement with a law 13 enforcement agency or officer that will place the parolee in the position of violating a 14 law or parole condition without the prior approval of the board; 15 (10) may not contact or correspond with anyone confined in a 16 correctional facility of any type serving any term of imprisonment or a felon without 17 the permission of the parole officer assigned to a parolee; 18 (11) shall agree to waive extradition from any state or territory of the 19 United States and to not contest efforts to return the parolee to the state; 20 (12) shall provide a blood sample, an oral sample, or both, when 21 requested by a health care professional acting on behalf of the state to provide the 22 sample or samples, or an oral sample when requested by a juvenile or adult 23 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 24 released after a conviction of an offense requiring the state to collect the sample or 25 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 26 (13) from a conviction for a sex offense shall submit to regular 27 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning 28 given in AS 12.63.100. 29  * Sec. 118. AS 33.16.150(b) is amended to read: 30 (b) The board may require as a condition of special medical, administrative, 31 discretionary, or mandatory parole, or a member of the board acting for the board 01 under (e) of this section may require as a condition of administrative or mandatory 02 parole, that a prisoner released on parole 03 (1) not possess or control a defensive weapon, a deadly weapon other 04 than an ordinary pocket knife with a blade three inches or less in length, or 05 ammunition for a firearm, or reside in a residence where there is a firearm capable of 06 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 07 weapon," "defensive weapon," and "firearm" have the meanings given in 08 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 09 (2) refrain from possessing or consuming alcoholic beverages; 10 (3) submit to reasonable searches and seizures by a parole officer, or a 11 peace officer acting under the direction of a parole officer; 12 (4) submit to appropriate medical, mental health, or controlled 13 substance or alcohol examination, treatment, or counseling; 14 (5) submit to periodic examinations designed to detect the use of 15 alcohol or controlled substances; the periodic examinations may include testing under 16 the program established under AS 33.16.060(c); 17 (6) make restitution ordered by the court according to a schedule 18 established by the board; 19 (7) refrain from opening, maintaining, or using a checking account or 20 charge account; 21 (8) refrain from entering into a contract other than a prenuptial contract 22 or a marriage contract; 23 (9) refrain from operating a motor vehicle; 24 (10) refrain from entering an establishment where alcoholic beverages 25 are served, sold, or otherwise dispensed; 26 (11) refrain from participating in any other activity or conduct 27 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 28 current circumstances, or perceived risk to the community, or from associating with 29 any other person that the board determines is reasonably likely to diminish the 30 rehabilitative goals of parole, or that may endanger the public; in the case of special 31 medical parole, for a prisoner diagnosed with a communicable disease, comply with 01 conditions set by the board designed to prevent the transmission of the disease. 02  * Sec. 119. AS 33.16.150(e) is amended to read: 03 (e) The board may designate a member of the board to act on behalf of the 04 board in imposing conditions of administrative or mandatory parole under (a) and (b) 05 of this section, in delegating imposition of conditions of administrative or mandatory 06 parole under (c) of this section, and in setting the period of compliance with the 07 conditions of administrative or mandatory parole under (d) of this section. The 08 decision of a member of the board under this section is the decision of the board. A 09 prisoner or parolee aggrieved by a decision of a member of the board acting for the 10 board under this subsection may apply to the board under AS 33.16.160 for a change 11 in the conditions of administrative or mandatory parole. 12  * Sec. 120. AS 33.16.150(f) is amended to read: 13 (f) In addition to other conditions of parole imposed under this section, the 14 board may impose as a condition of special medical, administrative, discretionary, or 15 mandatory parole for a prisoner serving a term for a crime involving domestic 16 violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a 17 requirement that, at the prisoner's expense, the prisoner participate in and complete, to 18 the satisfaction of the board, a program for the rehabilitation of perpetrators of 19 domestic violence that meets the standards set by, and that is approved by, the 20 department under AS 44.28.020(b); and (3) any other condition necessary to 21 rehabilitate the prisoner. The board shall establish procedures for the exchange of 22 information concerning the parolee with the victim and for responding to reports of 23 nonattendance or noncompliance by the parolee with conditions imposed under this 24 subsection. The board may not under this subsection require a prisoner to participate 25 in and complete a program for the rehabilitation of perpetrators of domestic violence 26 unless the program meets the standards set by, and is approved by, the department 27 under AS 44.28.020(b). 28  * Sec. 121. AS 33.16.150(g) is amended to read: 29 (g) In addition to other conditions of parole imposed under this section for a 30 prisoner serving a sentence for an offense where the aggravating factor provided in 31 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 01 condition of special medical, administrative, discretionary, and mandatory parole a 02 requirement that the prisoner submit to electronic monitoring. Electronic monitoring 03 under this subsection must comply with AS 33.30.011(10) and provide for 04 monitoring of the prisoner's location and movements by Global Positioning System 05 technology. The board shall require a prisoner serving a period of parole 06 [PROBATION] with electronic monitoring as provided under this subsection to pay 07 all or a portion of the costs of the electronic monitoring, but only if the prisoner has 08 sufficient financial resources to pay the costs or a portion of the costs. A prisoner 09 subject to electronic monitoring under this subsection is not entitled to a credit for 10 time served in a correctional facility while the defendant is on parole. In this 11 subsection, "correctional facility" has the meaning given in AS 33.30.901. 12  * Sec. 122. AS 33.16.150 is amended by adding a new subsection to read: 13 (h) In addition to other conditions of parole imposed under this section, for a 14 prisoner serving a sentence for an offense involving the use of alcohol or controlled 15 substances, the board may impose, as a condition of special medical, administrative, 16 discretionary, or mandatory parole, a requirement that the prisoner comply with a 17 program established under AS 33.16.060(c) or AS 47.38.020. The board may require a 18 prisoner serving a period of parole and complying with a program established under 19 AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with 20 the program. 21  * Sec. 123. AS 33.16.180 is amended to read: 22 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 23 (1) conduct investigations of prisoners eligible for administrative or  24 discretionary parole, as requested by the board and as provided in this section; 25 (2) supervise the conduct of parolees; 26 (3) appoint and assign parole officers and personnel; 27 (4) provide the board, within 30 days after sentencing, information on 28 a sentenced prisoner who may be eligible for administrative parole under  29 AS 33.16.089 or discretionary parole under AS 33.16.090; 30 (5) notify the board and provide information on a prisoner 120 days 31 before the prisoner's mandatory release date, if the prisoner is to be released on [TO] 01 mandatory parole; [AND] 02 (6) maintain records, files, and accounts as requested by the board;  03 (7) prepare preparole reports under AS 33.16.110(a);  04 (8) notify the board in writing of a prisoner's compliance or  05 noncompliance with the prisoner's case plan created under AS 33.30.011(8) not  06 less than 30 days before the prisoner's next parole eligibility date or the  07 prisoner's parole hearing date, whichever is earlier;  08 (9) establish an administrative sanction and incentive program to  09 facilitate a swift and certain response to a parolee's compliance with or violation  10 of the conditions of parole and shall adopt regulations to implement the program;  11 at a minimum, the regulations must include  12 (A) a decision-making process to guide parole officers in  13 determining the suitable response to positive and negative offender  14 behavior that includes a list of sanctions for the most common types of  15 negative behavior, including technical violations of conditions of parole,  16 and a list of incentives for compliance with conditions and positive  17 behavior that exceeds those conditions;  18 (B) policies and procedures that ensure  19 (i) a process for responding to negative behavior  20 that includes a review of previous violations and sanctions;  21 (ii) that enhanced sanctions for certain negative  22 conduct are approved by the commissioner or the commissioner's  23 designee; and  24 (iii) that appropriate due process protections are  25 included in the process, including notice of negative behavior, an  26 opportunity to dispute the accusation and the sanction, and an  27 opportunity to request a review of the accusation and the sanction;  28 and  29 (10) within 30 days after sentencing of an offender, provide the  30 victim of a crime information on the earliest dates the offender could be released  31 on furlough, probation, or parole, including deductions or reductions for good  01 time or other good conduct incentives and the process for release, including  02 contact information for the decision-making bodies. 03  * Sec. 124. AS 33.16.200 is amended to read: 04 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 05 board retains custody of special medical, administrative, discretionary, and 06 mandatory parolees until the expiration of the maximum term or terms of 07 imprisonment to which the parolee is sentenced. 08  * Sec. 125. AS 33.16.210 is amended to read: 09 Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally 10 discharge a parolee from the jurisdiction and custody of the board after the parolee has 11 completed one year [TWO YEARS] of parole. A discretionary parolee with a residual 12 period of probation may, after one year [TWO YEARS] of parole, be discharged by 13 the board to immediately begin serving the residual period of probation. 14 (b) Notwithstanding (a) of this section, the board may unconditionally 15 discharge a mandatory parolee before the parolee has completed one year [TWO 16 YEARS] of parole if the parolee is serving a concurrent period of residual probation 17 under AS 33.20.040(c), and the period of residual probation and the period of 18 suspended imprisonment each equal or exceed the period of mandatory parole. 19  * Sec. 126. AS 33.16.210 is amended by adding a new subsection to read: 20 (c) A parole officer shall recommend to the board early discharge for all 21 parolees who 22 (1) have completed at least one year on parole; 23 (2) have completed all treatment programs required as a condition of 24 parole; 25 (3) have not been found in violation of conditions of parole by the 26 board for at least one year; and 27 (4) have not been convicted of 28 (A) an unclassified felony offense under AS 11; 29 (B) a sexual felony as defined by AS 12.55.185; 30 (C) a crime involving domestic violence as defined by 31 AS 18.66.990; or 01 (D) a misdemeanor. 02 * Sec. 127. AS 33.16 is amended by adding a new section to read: 03 Sec. 33.16.215. Sanctions for a technical violation of parole. (a) If a parolee 04 is serving a period of parole for an offense, the board may find that the parolee has 05 committed a technical violation of parole. If the board finds that a parolee has 06 committed a technical violation of parole that does not include absconding, the board 07 may revoke parole and return the parolee to the custody of the commissioner and then 08 place the person back on parole after the appropriate period of time below: 09 (1) three days for the first technical violation of parole filed with the 10 board; 11 (2) five days for the second technical violation of parole filed with the 12 board; 13 (3) 10 days for the third technical violation of parole filed with the 14 board; and 15 (4) up to the remainder of the sentence for a fourth or subsequent 16 technical violation of parole. 17 (b) If the board revokes a parolee's parole for absconding, the board may 18 impose a period of imprisonment not to exceed 30 days. 19 (c) The limits on length of imprisonment the board may impose under this 20 section if the board revokes a parolee's parole do not apply if the parolee is enrolled in 21 the program established under AS 33.16.060(c). 22 (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3) 23 and does not comply with the board's order, the board may order the parolee to show 24 cause why the board should not revoke the parole for noncompletion of treatment. In a 25 parole revocation proceeding brought as a result of failure to complete treatment, it is 26 an affirmative defense that the parolee was unable to afford the cost of treatment or 27 secure a place in a free treatment program, despite having made continuing good faith 28 efforts. If the board finds that the parolee was unable to complete treatment despite 29 having made continuing good faith efforts, the parole may not be revoked solely 30 because of an inability to pay. If the board does not find that the noncompletion of 31 treatment was attributable to the parolee's inability to pay, the board may revoke 01 parole subject to the limits established in this section. 02 (e) Notwithstanding (a) of this section, the board may not find a technical 03 violation under this section if a person convicted of a sex offense, as described in 04 AS 12.63.100, violates a special condition of parole that is similar to a probation 05 condition described in AS 12.55.100(e). 06 (f) In this section, 07 (1) "absconding" means failing to report within five working days after 08 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 09 with a parole officer, as directed by the board or the parole officer, and failing to make 10 contact with the parole officer within 30 days following the missed meeting; 11 (2) "technical violation" means a violation of the conditions of parole 12 that does not result from 13 (A) an arrest for a new criminal offense; 14 (B) failing to complete sex offender treatment; or 15 (C) failing to complete an intervention program for batterers. 16  * Sec. 128. AS 33.16.220(b) is amended to read: 17 (b) If a parolee has been arrested for the commission of a new criminal  18 offense or for failing to complete a sex offender treatment program, except 19 [EXCEPT] as provided in (e) of this section, the board or its designee shall hold a  20 preliminary hearing within 15 working days after the arrest and incarceration of a 21 parolee for violation of a condition of parole [, THE BOARD OR ITS DESIGNEE 22 SHALL HOLD A PRELIMINARY HEARING]. At the preliminary hearing, the board 23 or its designee shall determine if there is probable cause to believe that the parolee 24 violated the conditions of parole and, when probable cause exists, whether the parolee 25 should be released pending a final revocation hearing. A finding of probable cause at a 26 preliminary hearing in a criminal case is conclusive proof of probable cause that a 27 parole violation occurred. 28  * Sec. 129. AS 33.16.220(f) is amended to read: 29 (f) If a parolee has had a preliminary hearing under (b) of this section, the 30 [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a 31 parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this 01 section. 02  * Sec. 130. AS 33.16.220(i) is amended to read: 03 (i) If, after the final revocation hearing, the board finds that the parolee has 04 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 05 ordinance, the board may revoke all or a portion of the remaining period of parole 06 subject to the limits set out in AS 33.16.215, or change any condition of parole. A  07 parolee's period of parole is tolled from the date of filing with the parole board of  08 a violation report for absconding and the date of the parolee's arrest, if the  09 parole board finds after a hearing that the parolee violated parole by absconding,  10 as defined in AS 12.55.110(h). The board may not extend the period of parole  11 beyond the maximum release date calculated by the Department of Corrections  12 on the parolee's original sentence plus any time that has been tolled as described  13 in this section. 14  * Sec. 131. AS 33.16.220 is amended by adding a new subsection to read: 15 (j) If a parolee has been arrested for a technical violation of conditions of 16 parole, the board or its designee shall hold a final hearing within 15 working days. 17  * Sec. 132. AS 33.16.240 is amended by adding new subsections to read: 18 (h) A parolee arrested under this section for a technical violation under 19 AS 33.16.215 shall be released once the parolee has served the maximum number of 20 days that could be served for a technical violation under AS 33.16.215. Nothing in this 21 subsection prohibits the board or its designee from releasing a parolee sooner. 22 (i) The board or its designee may impose additional conditions necessary to 23 ensure the parolee's appearance at a hearing held under AS 33.16.220(h). 24  * Sec. 133. AS 33.16 is amended by adding a new section to read: 25 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 26 by regulation a program allowing offenders on parole for a felony offense to earn 27 credits for complying with the conditions of parole. The earned compliance credits 28 reduce the period of parole. Nothing in this section prohibits the department from 29 recommending to the board the early discharge of the parolee as provided in AS 33.16. 30 At a minimum, the regulations must 31 (1) require that a parolee earn a credit of 30 days for each 30-day 01 period served in which the parolee complied with the conditions of parole; 02 (2) include policies and procedures for 03 (A) calculating and tracking credits earned by parolees; 04 (B) reducing the parolee's period of parole based on credits 05 earned by the parolee; and 06 (C) notifying a victim under AS 33.30.013. 07  * Sec. 134. AS 33.16.900 is amended by adding new paragraphs to read: 08 (14) "administrative parole" means the release of a prisoner who is 09 eligible for administrative parole under AS 33.16.089 and who has satisfied the 10 criteria for release, subject to conditions imposed by the board and subject to its 11 custody and jurisdiction; 12 (15) "administrative sanctions and incentives" means responses by a 13 parole officer to a parolee's compliance with or violation of the conditions of parole 14 under AS 33.16.180. 15  * Sec. 135. AS 33.20.010(a) is amended to read: 16 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 17 convicted of an offense against the state or a political subdivision of the state and 18 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 19 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 20 follows the rules of the correctional facility in which the prisoner is confined. A 21 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 22 (1) to a mandatory 99-year term of imprisonment under 23 AS 12.55.125(a) after June 27, 1996; 24 (2) to a definite term under AS 12.55.125(l); [OR] 25 (3) for a sexual felony under AS 12.55.125(i) 26 (A) and has one or more prior sexual felony convictions as 27 determined under AS 12.55.145(a)(4); or 28 (B) that is an unclassified or a class A felony; or  29 (4) to a definite term of imprisonment of not more than 10 days for  30 a technical violation of AS 12.55.110(c) or AS 33.16.215. 31  * Sec. 136. AS 33.20.010(c) is amended to read: 01 (c) A prisoner may not be awarded a good time deduction under (a) of this 02 section for any period spent in a treatment program or [,] in a private residence unless,  03 during that time, the prisoner was [, OR WHILE] under electronic monitoring. 04  * Sec. 137. AS 33.30.011 is amended to read: 05 Sec. 33.30.011. Duties of commissioner. The commissioner shall 06 (1) establish, maintain, operate, and control correctional facilities 07 suitable for the custody, care, and discipline of persons charged or convicted of 08 offenses against the state or held under authority of state law; each correctional facility 09 operated by the state shall be established, maintained, operated, and controlled in a 10 manner that is consistent with AS 33.30.015; 11 (2) classify prisoners; 12 (3) for persons committed to the custody of the commissioner, 13 establish programs, including furlough programs that are reasonably calculated to 14 (A) protect the public and the victims of crimes committed by 15 prisoners; 16 (B) maintain health; 17 (C) create or improve occupational skills; 18 (D) enhance educational qualifications; 19 (E) support court-ordered restitution; and 20 (F) otherwise provide for the rehabilitation and reformation of 21 prisoners, facilitating their reintegration into society; 22 (4) provide necessary 23 (A) medical services for prisoners in correctional facilities or 24 who are committed by a court to the custody of the commissioner, including 25 examinations for communicable and infectious diseases; 26 (B) psychological or psychiatric treatment if a physician or 27 other health care provider, exercising ordinary skill and care at the time of 28 observation, concludes that 29 (i) a prisoner exhibits symptoms of a serious disease or 30 injury that is curable or may be substantially alleviated; and 31 (ii) the potential for harm to the prisoner by reason of 01 delay or denial of care is substantial; and 02 (C) assessment or screening of the risks and needs of offenders 03 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 04 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 05 disorder; 06 (5) establish minimum standards for sex offender treatment programs 07 offered to persons who are committed to the custody of the commissioner; 08 (6) provide for fingerprinting in correctional facilities in accordance 09 with AS 12.80.060; [AND] 10 (7) establish a program to conduct assessments of the risks and needs 11 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 12 to the legislature, by electronic means, by January 15, 2017, and thereafter by 13 January 15, preceding the first regular session of each legislature, a report 14 summarizing the findings and results of the program; the program must include a  15 requirement for an assessment before a prisoner's release on parole, furlough, or  16 electronic monitoring from a correctional facility;  17 (8) establish a procedure that provides for each prisoner required  18 to serve an active term of imprisonment of 30 days or more a written case plan  19 that  20 (A) is provided to the prisoner within 90 days after  21 sentencing;  22 (B) is based on the results of the assessment of the  23 prisoner's risks and needs under (7) of this section;  24 (C) includes a requirement to follow the rules of the  25 institution;  26 (D) is modified when necessary for changes in classification,  27 housing status, medical or mental health, and resource availability;  28 (E) includes participation in programming that addresses  29 the needs identified in the assessment;  30 (9) establish a program to begin reentry planning with each  31 prisoner serving an active term of imprisonment of 90 days or more; reentry  01 planning must begin at least 90 days before release on furlough or probation or  02 parole; the written reentry plan must be completed upon release on furlough or  03 probation or parole and must include  04 (A) information on the prisoner's proposed  05 (i) residence;  06 (ii) employment or alternative means of support;  07 (iii) treatment options;  08 (iv) counseling services;  09 (v) education or job training services;  10 (B) any other requirements for successful transition back to  11 the community, including electronic monitoring or furlough for the period  12 between a scheduled parole hearing and parole eligibility; and 13 (10) for offenders under electronic monitoring, establish  14 (A) minimum standards for electronic monitoring,  15 including the requirement of active, real-time monitoring using global  16 positioning systems; and  17 (B) procedures for oversight and approving electronic  18 monitoring programs and systems provided by private contractors.  19  * Sec. 138. AS 33.30.013(a) is amended to read: 20 (a) The commissioner shall notify the victim if the offender 21 (1) escapes from custody;  22 (2) is discharged from parole under AS 33.16; or 23 (3) is released to the community on a furlough, on an early release 24 program, or for any other reason. 25  * Sec. 139. AS 33.30.065(a) is amended to read: 26 (a) If the commissioner designates a prisoner to serve the prisoner's term of 27 imprisonment or period of temporary commitment, or a part of the term or period, by 28 electronic monitoring, the commissioner shall direct the prisoner to serve the term or 29 period at the prisoner's residence or other place selected by the commissioner. The 30 electronic monitoring shall be administered by the department or by a private  31 contractor approved by the department under AS 33.30.011(10) and shall be 01 designed so that any attempt to remove, tamper with, or disable the monitoring 02 equipment or to leave the place selected for the service of the term or period will result 03 in a report or notice to the department. 04  * Sec. 140. AS 33.30 is amended by adding a new section to read: 05 Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The 06 commissioner shall establish a program to prepare a prisoner who is serving a sentence 07 of imprisonment exceeding one year for the prisoner's discharge, release on parole or 08 probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the 09 date of the prisoner's discharge, release, or furlough. 10 (b) The program established under (a) of this section must include 11 (1) instruction on 12 (A) obtaining state identification; 13 (B) community resources available for housing, employment, 14 and treatment; 15 (2) an individualized reentry plan under AS 30.30.011(9) for the 16 prisoner; 17 (3) probation and parole orientation, if appropriate; and 18 (4) a partnership with one or more nonprofit organizations to allow 19 access to a prisoner before the prisoner's discharge, release, or furlough to assist the 20 prisoner with the prisoner's application for Medicaid, Social Security benefits, public 21 assistance under AS 47.25, and a state identification card or driver's license and 22 provide other programs to assist the prisoner's transition into the community, promote 23 rehabilitation, and reduce recidivism. 24  * Sec. 141. AS 33.30.151 is amended to read: 25 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 26 establish correctional restitution centers in the state. The purpose of the centers is to 27 provide certain offenders with rehabilitation through comprehensive treatment for  28 substance abuse, cognitive behavioral disorders, and other criminal risk factors,  29 including aftercare support, community service, and employment, while protecting 30 the community through partial incarceration of the offender, and to create a means to 31 provide restitution to victims of crimes. 01 (b) The commissioner shall adopt regulations setting standards for the 02 operation of the centers including 03 (1) requirements that the centers be secure and in compliance with 04 state and local safety laws; 05 (2) standards for disciplinary rules to be imposed on prisoners confined 06 to the centers; 07 (3) standards for the granting of emergency absence to prisoners 08 confined to the centers; 09 (4) standards for classifying prisoners to centers; 10 (5) standards for mandatory employment and participation in 11 community service programs in each center; [AND] 12 (6) standards for periodic review of the performance of prisoners 13 confined to the centers and quality assurance measures to ensure centers are  14 meeting state standards and contractual obligations;  15 (7) standards for the provision of treatment, including substance  16 abuse treatment, cognitive behavioral therapy, and aftercare designed to address  17 an offender's individual criminogenic needs; and  18 (8) standards and a process to assess an offender's risk of  19 recidivating and the criminal risk factors and needs that reduce the risk of  20 recidivating and ensure that  21 (A) high risk offenders with moderate to high needs are a  22 priority for acceptance into a correctional restitution center; and  23 (B) centers establish internal procedures to limit the mixing  24 of low and high risk prisoners. 25  * Sec. 142. AS 34.03.360(7) is amended to read: 26 (7) "illegal activity involving a controlled substance" means a violation 27 of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1) 28 OR (2)], or 11.71.040(a)(1), (2), or (5); 29  * Sec. 143. AS 43.23.065(b) is amended to read: 30 (b) An exemption is not available under this section for permanent fund 31 dividends taken to satisfy 01 (1) child support obligations required by court order or decision of the 02 child support services agency under AS 25.27.140 - 25.27.220; 03 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 04 12.55.100, or AS 47.12.120(b)(4); 05 (3) claims on defaulted education loans under AS 43.23.067; 06 (4) court ordered fines; 07 (5) writs of execution under AS 09.35 of a judgment that is entered 08 (A) against a minor in a civil action to recover damages and 09 court costs; 10 (B) under AS 09.65.255 against the parent, parents, or legal 11 guardian of an unemancipated minor; 12 (6) a debt owed by an eligible individual to an agency of the state, 13 including the University of Alaska, unless the debt is contested and an appeal is 14 pending, or the time limit for filing an appeal has not expired; 15 (7) a debt owed to a person for a program for the rehabilitation of 16 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 17 AS 25.20.061(3), or AS 33.16.150(f)(2); 18 (8) a judgment for unpaid rent or damage owed to a landlord by an 19 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 20 meaning given in AS 34.03.360; 21 (9) court-ordered forfeiture of an appearance or performance  22 bond under AS 12.30.075. 23  * Sec. 144. AS 43.61.010 is amended by adding new subsections to read: 24 (c) The recidivism reduction fund is established in the general fund. The 25 Department of Administration shall separately account for 50 percent of the tax 26 collected under this section and deposit it into the recidivism reduction fund. 27 (d) The legislature may use the annual estimated balance in the fund to make 28 appropriations to the Department of Corrections, the Department of Health and Social 29 Services, or the Department of Public Safety for recidivism reduction programs. 30 (e) Nothing in this section creates a dedicated fund. 31  * Sec. 145. AS 44.19.645 is amended to read: 01 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 02 shall evaluate the effect of sentencing laws and criminal justice practices on the 03 criminal justice system to evaluate whether those sentencing laws and criminal justice 04 practices provide for protection of the public, community condemnation of the 05 offender, the rights of victims of crimes, the rights of the accused and the person 06 convicted, restitution from the offender, and the principle of reformation. The 07 commission shall make recommendations for improving criminal sentencing practices 08 and criminal justice practices, including rehabilitation and restitution. The  09 commission shall annually make recommendations to the governor and the  10 legislature on how savings from criminal justice reforms should be reinvested to  11 reduce recidivism. In formulating its recommendations, the commission shall 12 consider 13 (1) statutes, court rules, and court decisions relevant to sentencing of 14 criminal defendants in misdemeanor and felony cases; 15 (2) sentencing practices of the judiciary, including use of presumptive 16 sentences; 17 (3) means of promoting uniformity, proportionality, and accountability 18 in sentencing; 19 (4) alternatives to traditional forms of incarceration; 20 (5) the efficacy of parole and probation in ensuring public safety, 21 achieving rehabilitation, and reducing recidivism; 22 (6) the adequacy, availability, and effectiveness of treatment and 23 rehabilitation programs; 24 (7) crime and incarceration rates, including the rate of violent crime 25 and the abuse of controlled substances, in this state compared to other states, and best 26 practices adopted by other states that have proven to be successful in reducing 27 recidivism; 28 (8) the relationship between sentencing priorities and correctional 29 resources; 30 (9) the effectiveness of the state's current methodologies for the 31 collection and dissemination of criminal justice data; and 01 (10) whether the schedules for controlled substances in AS 11.71.140 - 02 11.71.190 are reasonable and appropriate, considering the criteria established in 03 AS 11.71.120(c). 04 (b) The commission may 05 (1) recommend legislative and administrative action on criminal justice 06 practices; [AND] 07 (2) select and retain the services of consultants as necessary;  08 (3) appoint a working group to review and analyze the  09 implementation of the recommendations made in the justice reinvestment report  10 in December 2015, and other recommendations issued by the commission, and  11 regularly report to the commission on the status of the implementation; a  12 working group may include representatives of criminal justice agencies and key  13 constituencies who are not members of the commission; and  14 (4) enter into data-sharing agreements with the Justice Center at  15 the University of Alaska, the Alaska Judicial Council, or other research  16 institutions for the purposes of analyzing data and performance metrics. 17  * Sec. 146. AS 44.19.645 is amended by adding new subsections to read: 18 (c) The commission shall 19 (1) receive and analyze data collected by agencies and entities charged 20 with implementing the recommendations of the 2015 justice reinvestment report and 21 other recommendations issued by the commission and who are collecting data during 22 the implementation and management of specific commission recommendations; 23 (2) track and assess outcomes from the recommendations the 24 commission has made and corresponding criminal justice reforms; 25 (3) request, receive, and review data and reports on performance 26 outcome data relating to criminal justice reform; 27 (4) appoint a working group to review and analyze sexual offense 28 statutes and report to the legislature if there are circumstances under which victims' 29 rights, public safety, and the rehabilitation of offenders are better served by changing 30 existing laws; the commission shall deliver the report to the senate secretary and the 31 chief clerk of the house of representatives and notify the legislature that the report is 01 available; the commission may include in the working group people representing a 02 variety of viewpoints who are not members of the commission; and 03 (5) explore the possibility of entering into mutually agreeable 04 arrangements with regional nonprofit organizations, including tribes and tribal 05 organizations, to provide the pretrial, probation, and parole services needed in 06 underserved areas of the state. 07 (d) Agencies and entities reporting data to the working group authorized in 08 (b)(3) of this section under (e) - (g) of this section shall 09 (1) report data individually by case number, including an identifier 10 number such as the Alaska Public Safety Information Network number, the court case 11 number, the Alaska Corrections Offender Management System number, and the arrest 12 tracking number, as available; 13 (2) include demographic information necessary for tracking 14 individuals across multiple databases, including the individual's first name, last name, 15 middle initial as available, and date of birth; and 16 (3) include information necessary to measure possible disparate effects 17 of criminal justice laws and policies, such as race and gender as available. 18 (e) The judiciary shall report quarterly to the working group authorized in 19 (b)(3) of this section. The report shall include criminal case processing data, including 20 (1) the date, type, and number of all charges disposed within the 21 quarter; 22 (2) the disposition of each charge, whether convicted, dismissed, 23 acquitted, or otherwise disposed; and 24 (3) the date of the disposition for each charge. 25 (f) The Department of Public Safety shall report quarterly to the working 26 group authorized under (b)(3) of this section. The report shall include the following 27 information: 28 (1) data on citations and arrests for criminal offenses, including the 29 offense charged and reason for arrest if an arrest was made; 30 (2) data on all criminal convictions and sentences during the quarter; 31 and 01 (3) criminal history information for selected offenders as agreed on by 02 the department and the working group authorized in (b)(3) of this section. 03 (g) The Department of Corrections shall report quarterly to the working group 04 authorized in (b)(3) of this section. The report shall include the following information: 05 (1) data on pretrial decision making and outcomes, including 06 information on pretrial detainees admitted for a new criminal charge; detainees 07 released at any point before case resolution; time spent detained before first release or 08 case resolution; pretrial defendant risk level and charge; pretrial release 09 recommendations made by pretrial service officers; pretrial conditions imposed on 10 pretrial detainees by judicial officers, including amount of bail, and supervision 11 conditions; and information on pretrial outcomes, including whether or not the 12 defendant appeared in court or was re-arrested during the pretrial period; 13 (2) data on offenders admitted to the Department of Corrections for a 14 new criminal conviction, including the offense type, number of prior felony 15 convictions, sentence length, and length of stay; 16 (3) data on the population of the Department of Corrections, using a 17 one-day snapshot on the first day of the first month of each quarter, broken down by 18 type of admission, offense type, and risk level; 19 (4) data on offenders on probation supervised by the Department of 20 Corrections, including the total number of offenders supervised using a one-day 21 snapshot on the first month of each quarter; admissions to probation; assignments to a 22 program under AS 33.05.020(f); probation sentence length; time served on the 23 sentence; whether probation was successfully completed, any new convictions for a 24 felony offense, and any sentences to a term of imprisonment while on probation; 25 (5) data on parole, including the number of offenders supervised on 26 parole, using a one-day snapshot on the first month of each quarter; the number of 27 parole hearings; the parole grant rate and number of parolees released on 28 administrative, discretionary, and special medical parole; and information on parolees, 29 including time spent on parole, whether parole was successfully completed, any new 30 convictions for a new felony offense, and any sentences to a term of imprisonment 31 while on parole; 01 (6) data on the implementation of policies from the 2015 justice 02 reinvestment report, including the number and percentage of offenders who earn 03 compliance credits under AS 33.05.020(g) in one or more months, and the total 04 amount of credits earned; the average number of sanctions issued under 05 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 06 common violations of probation or parole; and 07 (7) data on probation and parole revocations, including information on 08 probationers and parolees admitted for a supervision violation pre-case and post-case 09 resolution; probationers and parolees admitted solely for a technical violation; 10 probationers and parolees admitted for a new arrest; the number of previous 11 revocations on the current sentence, if any; the length of time held pre-case resolution; 12 the length of time to case resolution; and the length of stay. 13  * Sec. 147. AS 44.19.647 is amended to read: 14 Sec. 44.19.647. Annual report and recommendations. The commission shall 15 submit to the governor and the legislature an annual report. The report must include  16 (1) a description of its proceedings for the previous calendar year;  17 (2) a summary of savings and recommendations on how savings  18 from criminal justice reform should be reinvested to reduce recidivism;  19 (3) performance metrics and outcomes from the recommendations  20 the commission made in its December 2015 report, including recidivism rates,  21 defined as  22 (A) the percentage of inmates who return to prison within  23 three years after release, broken down by offense type and risk level; and  24 (B) the percentage of inmates who return to prison within  25 three years after release for a new criminal conviction, broken down by  26 offense type and risk level; and  27 (4) recommendations for additional reforms, which may include  28 [AND MAY SUBMIT] recommendations for legislative and administrative action [. 29 [REPORTS AND RECOMMENDATIONS PROVIDED UNDER THIS SECTION 30 SHALL BE SUBMITTED NOT LATER THAN FEBRUARY 1 OF EACH YEAR]. 31  * Sec. 148. AS 44.19.647 is amended by adding a new subsection to read: 01 (b) The commission shall submit the reports and recommendations provided 02 under (a) of this section not later than November 1 of each year. 03  * Sec. 149. AS 44.66.010(a)(12) is amended to read: 04 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30,  05 2021 [JUNE 30, 2017]; 06  * Sec. 150. AS 47.12.315(a) is amended to read: 07 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 08 section, the department shall disclose information to the public, on request, concerning 09 a minor subject to this chapter who was at least 13 years of age at the time of 10 commission of 11 (1) a felony offense against a person under AS 11.41; 12 (2) arson in the first or second degree; 13 (3) burglary in the first degree; 14 (4) distribution of child pornography; 15 (5) sex trafficking in the first degree; 16 (6) misconduct involving a controlled substance in the first or [,] 17 second [, OR THIRD] degrees involving distribution or possession with intent to 18 deliver; or 19 (7) misconduct involving weapons in the first through fourth degrees. 20  * Sec. 151. AS 47.27.015 is amended by adding a new subsection to read: 21 (i) A person convicted after August 22, 1996, of an offense that is classified as 22 a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has 23 as an element the possession, use, or distribution of a controlled substance, as defined 24 in AS 11.71.900, is disqualified from receiving temporary assistance under this 25 chapter or food stamps under AS 47.25 unless the person demonstrates, to the 26 satisfaction of the department, that the person 27 (1) is satisfactorily serving, or has successfully completed, a period of 28 probation or parole; 29 (2) is in the process of serving, or has successfully completed, 30 mandatory participation in a drug or alcohol treatment program; or 31 (3) has taken action toward rehabilitation, including participation in a 01 drug or alcohol treatment program. 02  * Sec. 152. 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 26 AND SUBSTANCE ABUSE SCREENING, REFERRAL, AND MONITORING] 27 services to persons who have been referred by a court [IN CONNECTION WITH A 28 CHARGE OR CONVICTION OF A MISDEMEANOR INVOLVING THE USE OF 29 A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT AND ALCOHOL OR A 30 CONTROLLED SUBSTANCE, REFERRED BY A COURT] under AS 28.35.028, 31 28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility 01 for administering motor vehicle laws in connection with a driver's license action 02 involving the use of alcohol or a controlled substance; 03 (22) whenever possible, apply evidence-based, research-based, and 04 consensus-based substance abuse and co-occurring substance abuse and mental health 05 disorders treatment practices and remove barriers that prevent the use of those 06 practices; 07 (23) collaborate with first responders, hospitals, schools, primary care 08 providers, developmental disability treatment providers, law enforcement, corrections, 09 attorneys, the Alaska Court System, community behavioral treatment providers, 10 Alaska Native organizations, and federally funded programs in implementing 11 programs for co-occurring substance abuse and mental health disorders treatment. 12  * Sec. 153. AS 47.37.130(h) is amended to read: 13 (h) The department shall 14 (1) inspect, on a regular basis, approved public and private alcohol 15 safety action programs at reasonable times and in a reasonable manner; [AND] 16 (2) maintain a list of approved public and private alcohol safety action 17 programs; and  18 (3) develop regulations for the operation and management of  19 alcohol safety action programs that ensure  20 (A) screenings are conducted using a validated risk tool;  21 and  22 (B) monitoring of participants is appropriate to the risk of  23 reoffense of the participant as determined by the screening. 24  * Sec. 154. AS 47.37.130 is amended by adding a new subsection to read: 25 (k) The public and private alcohol safety action programs established under 26 AS 47.37.040(21) shall provide 27 (1) screening of eligible persons to determine the risk of the person to 28 reoffend and the criminal risk factors that are contributing to the risk; and 29 (2) monitoring of participants based on the risk to reoffend as 30 determined by the screening. 31  * Sec. 155. AS 47.38.020 is amended to read: 01 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 02 commissioner, in cooperation with the commissioner of corrections, shall establish a 03 program using a competitive procurement process for certain persons with release 04 conditions ordered as provided under AS 12.30, or offenders with conditions of 05 probation, that include not consuming controlled substances or alcoholic beverages. 06 (b) The commissioner shall adopt regulations to implement the program. The  07 regulations must include regulations regarding products and services that  08 provide alcohol and substance abuse monitoring. 09 (c) The commissioner shall include in the program 10 (1) a requirement for twice-a-day testing, either remotely or in person 11 [IF PRACTICABLE], for alcoholic beverage use and random testing for controlled 12 substances; 13 (2) a means to provide the probation officer, prosecutor's office, or 14 local law enforcement agency with notice within 24 hours, so that a complaint may be 15 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 16 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 17 or an arrest warrant may be issued for the person on release or offender with 18 conditions of probation provided in this subsection, if the person or offender 19 (A) fails to appear for an appointment or fails to complete a  20 test through the use of remote alcohol or substance abuse monitoring  21 technology as required by the program requirements; or 22 (B) tests positive for the use of controlled substances or 23 alcoholic beverages; and 24 (3) a requirement that the person or offender pay, based on the person's 25 or offender's ability under financial guidelines established by the commissioner, for 26 the cost of participating in the program. 27 (d) The department shall contract with one or more vendors using a  28 competitive procurement process in accordance with AS 36.30 to provide or 29 conduct the testing required under (c) of this section.  30  * Sec. 156. AS 47.38.100(a) is amended to read: 31 (a) The recidivism reduction program is established to promote the 01 rehabilitation [THROUGH TRANSITIONAL RE-ENTRY PROGRAMS] of persons 02 on probation or parole or incarcerated for offenses and recently released from 03 correctional facilities. 04  * Sec. 157. AS 47.38.100(b) is amended to read: 05 (b) The commissioner, in cooperation with the Alaska Criminal Justice  06 Commission established in AS 44.19.641 [COMMISSIONER OF CORRECTIONS], 07 may provide for programs that have, as a primary focus, rehabilitation and reduction 08 of recidivism [THROUGH TRANSITIONAL RE-ENTRY] for persons on probation  09 or parole or incarcerated for offenses and recently released from correctional 10 facilities. The commissioner may enter into contracts to provide for programs under 11 this section. An eligible [A] program under this section must accomplish at least one  12 of the following objectives: 13 (1) increasing access to evidence-based rehabilitation programs,  14 including drug and alcohol treatment, mental health treatment, and cognitive  15 behavioral programs; or  16 (2) supporting offenders' transition and re-entry from correctional  17 facilities to the community, including transitional housing services, employment  18 services, vocational training, educational support, and counseling [INCLUDE 19 CASE MANAGEMENT; 20 (2) REQUIRE SOBER LIVING; 21 (3) PROVIDE, ON-SITE OR BY REFERRAL, TREATMENT FOR 22 SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT; 23 (4) REQUIRE EMPLOYMENT, EDUCATIONAL 24 PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY VOLUNTEER 25 WORK AS APPROVED BY THE DIRECTOR OF THE TREATMENT PROGRAM; 26 AND 27 (5) LIMIT RESIDENTIAL PLACEMENTS IN THE PROGRAM TO 28 A MAXIMUM OF ONE YEAR]. 29  * Sec. 158. AS 47.38.100 is amended by adding a new subsection to read: 30 (d) In this section, "evidenced-based" means a program or practice that offers 31 a high level of research on effectiveness. 01  * Sec. 159. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal 04 Procedure, is amended by adding new subsections to read: 05 (d) Hearing Notice. The court shall provide a notice to a defendant of the 06 date, time, and place of a scheduled hearing at which the defendant is required to 07 appear in a form and manner established by the court. 08 (e) Hearing Reminder. In addition to the notice required under (d) of this 09 rule, the court shall provide a reminder notification to a defendant who is not in 10 custody and to the Department of Corrections at least 48 hours prior to a scheduled 11 hearing at which the defendant is required to appear regarding the date, time, and 12 place of the scheduled hearing and the potential consequences of failure to appear, in a 13 form and manner established by the court. 14  * Sec. 160. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 DIRECT COURT RULE AMENDMENT. Rule 41, Alaska Rules of Criminal 17 Procedure, is amended by adding a new subsection to read: 18 (j) Misdemeanor and Felony Bail Schedules. No bail schedule shall be 19 established for misdemeanors or felonies. 20  * Sec. 161. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 REPEAL OF COURT RULES. Rules 41(d) and (e), Alaska Rules of Criminal 23 Procedure, are repealed. 24  * Sec. 162. AS 11.46.140(a)(3), 11.46.220(c)(2)(B); AS 11.56.757(c); AS 11.71.020, 25 11.71.040(a)(3), 11.71.050(a)(2), 11.71.060(a)(2)(A); AS 12.30.016(d); AS 12.55.125(o), 26 12.55.135(j); AS 28.15.181(d); and AS 33.16.100(e) are repealed. 27 * Sec. 163. The uncodified law of the State of Alaska is amended by adding a new section 28 to read: 29 INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.011, as repealed and 30 reenacted by sec. 47 of this Act, has the effect of changing Rule 41, Alaska Rules of Criminal 31 Procedure, by changing and establishing release conditions for certain defendants, providing 01 for recommendations by pretrial services officers of release conditions based on a pretrial risk 02 assessment score, providing that a court shall order the release of a person under certain 03 circumstances upon execution of an appearance or performance bond, and providing new 04 procedures for use of appearance, surety, and performance bonds. 05 (b) AS 12.55.055(g), enacted by sec. 61 of this Act, has the effect of changing Rule 06 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the 07 judgment that community work hours that are not completed shall be converted to a fine as 08 provided in AS 12.55.055(h), added by sec. 61 of this Act. 09 (c) AS 12.55.078, enacted by sec. 62 of this Act, has the effect of changing Rule 43, 10 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court 11 may dismiss charges. 12 (d) AS 12.55.135(p), enacted by sec. 78 of this Act, has the effect of changing Rule 13 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of 14 aggravating factors. 15 (e) AS 33.07, enacted by sec. 99 of this Act, has the effect of changing Rule 41, 16 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures 17 and duties for pretrial services officers as officers of the superior and district courts, for the 18 purposes of performing risk assessments and making pretrial recommendations to the court 19 regarding a person's pretrial release and bail conditions. 20  * Sec. 164. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT. The Council 23 on Domestic Violence and Sexual Assault established in AS 18.66.010 shall create or expand 24 community-based violence prevention programming and services for victims of a crime 25 involving domestic violence or sexual assault in the fiscal year ending June 30, 2017. In this 26 section "domestic violence" and "sexual assault" have the meanings given to those terms in 27 AS 18.66.990. 28  * Sec. 165. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING 31 BARRIER OFFENSES. The Alaska Criminal Justice Commission shall provide in the 01 commission's 2017 annual report required under AS 44.19.647 an evaluation of the 02 relationship between offenses on a person's criminal justice record that may be a barrier to 03 entry into certain occupations and the successful re-entry of a person with barrier offenses on 04 the person's criminal justice record into the community and an evaluation of the relationship 05 between legal expungement or pardons and successful re-entry. 06  * Sec. 166. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 APPLICABILITY. (a) The following sections apply to offenses committed on or after 09 the effective date of those sections: 10 (1) AS 11.46.130(a), as amended by sec. 3 of this Act; 11 (2) AS 11.46.140(a), as amended by sec. 4 of this Act; 12 (3) AS 11.46.220(c), as amended by sec. 5 of this Act; 13 (4) AS 11.46.260(b), as amended by sec. 6 of this Act; 14 (5) AS 11.46.270(b), as amended by sec. 7 of this Act; 15 (6) AS 11.46.280(d), as amended by sec. 8 of this Act; 16 (7) AS 11.46.285(b), as amended by sec. 9 of this Act; 17 (8) AS 11.46.295, as amended by sec. 10 of this Act; 18 (9) AS 11.46.360(a), as amended by sec. 11 of this Act; 19 (10) AS 11.46.482(a), as amended by sec. 13 of this Act; 20 (11) AS 11.46.484(a), as amended by sec. 14 of this Act; 21 (12) AS 11.46.530(b), as amended by sec. 15 of this Act; 22 (13) AS 11.46.620(d), as amended by sec. 16 of this Act; 23 (14) AS 11.46.730(c), as amended by sec. 17 of this Act; 24 (15) AS 11.56.730(c), as amended by sec. 19 of this Act; 25 (16) AS 11.56.730(d), enacted by sec. 20 of this Act; 26 (17) AS 11.61.110(c), as amended by sec. 24 of this Act; 27 (18) AS 11.61.145(d), as amended by sec. 25 of this Act; 28 (19) AS 11.66.200(c), as amended by sec. 29 of this Act; 29 (20) AS 11.71.030(a), as amended by sec. 30 of this Act; 30 (21) AS 11.71.040(a), as amended by sec. 33 of this Act; 31 (22) AS 11.71.050, as amended by sec. 35 of this Act; 01 (23) AS 11.71.311(a), as amended by sec. 37 of this Act; 02 (24) AS 12.55.055(a), as amended by sec. 59 of this Act; 03 (25) AS 12.55.125(a), as amended by sec. 71 of this Act; 04 (26) AS 12.55.125(b), as amended by sec. 72 of this Act; 05 (27) AS 28.15.291(a), as repealed and reenacted by sec. 85 of this Act; 06 (28) AS 28.15.291(b), as repealed and reenacted by sec. 86 of this Act; 07 (29) AS 29.10.200(21), as amended by sec. 93 of this Act; 08 (30) AS 29.25.070(a), as amended by sec. 94 of this Act; 09 (31) AS 29.25.070(g), enacted by sec. 95 of this Act; 10 (32) AS 43.23.065(b), as amended by sec. 143 of this Act; 11 (33) AS 47.12.315(a), as amended by sec. 150 of this Act; and 12 (34) AS 47.27.015(i), enacted by sec. 151 of this Act. 13 (b) The following sections apply to offenses committed before, on, or after the 14 effective date of those sections: 15 (1) AS 11.46.460, as amended by sec. 12 of this Act; 16 (2) AS 11.56.757(b), as amended by sec. 22 of this Act; and 17 (3) AS 11.61.150(c), as amended by sec. 27 of this Act. 18 (c) The following sections apply to offenses committed before, on, or after the 19 effective date of those sections for contacts with peace officers occurring on or after the 20 effective date of those sections: 21 (1) AS 12.25.180, as amended by sec. 39 of this Act; 22 (2) AS 12.25.190(b), as amended by sec. 41 of this Act; and 23 (3) AS 12.70.130, as amended by sec. 80 of this Act. 24 (d) The following sections apply to sentences imposed on or after the effective date of 25 those sections for conduct occurring before, on, or after the effective date of those sections: 26 (1) AS 12.55.027(d), as amended by sec. 56 of this Act; 27 (2) AS 12.55.125(c), as amended by sec. 73 of this Act; 28 (3) AS 12.55.125(d), as amended by sec. 74 of this Act; 29 (4) AS 12.55.125(e), as amended by sec. 75 of this Act; 30 (5) AS 12.55.135(a), as amended by sec. 76 of this Act; 31 (6) AS 12.55.135(b), as amended by sec. 77 of this Act; 01 (7) AS 12.55.135(l) - (p), enacted by sec. 78 of this Act; and 02 (8) AS 28.35.036(a), as amended by sec. 92 of this Act. 03 (e) The following sections apply to sentences imposed on or after the effective date of 04 those sections for conduct occurring before, on, or after the effective date of those sections: 05 (1) AS 12.55.025(a), as amended by sec. 54 of this Act; 06 (2) AS 12.55.025(c), as amended by sec. 55 of this Act; 07 (3) AS 12.55.115, as amended by sec. 70 of this Act; 08 (4) AS 28.35.030(k), as amended by sec. 88 of this Act; 09 (5) AS 28.35.032(o), as amended by sec. 91 of this Act; 10 (6) AS 33.16.010(f), enacted by sec. 102 of this Act; 11 (7) AS 33.16.089, enacted by sec. 104 of this Act; 12 (8) AS 33.16.090(b), as amended by sec. 106 of this Act; and 13 (9) AS 33.20.010(a), as amended by sec. 135 of this Act. 14 (f) AS 12.30.055(b), enacted by sec. 52 of this Act, applies to persons in custody for a 15 probation violation on or after the effective date of sec. 52 for a probation violation that 16 occurred before, on, or after the effective date of sec. 52 of this Act. 17 (g) The following sections apply to community work service imposed on or after the 18 effective date of those sections for offenses committed on or after the effective date of those 19 sections: 20 (1) AS 12.55.055(c), as amended by sec. 60 of this Act; and 21 (2) AS 12.55.055(g) and (h), enacted by sec. 61 of this Act. 22 (h) AS 12.55.078, enacted by sec. 62 of this Act, applies to prosecutions occurring on 23 or after the effective date of those sections for offenses committed before, on, or after the 24 effective date of sec. 62 of this Act. 25 (i) AS 12.55.051(a), as amended by sec. 58 of this Act, applies to probation ordered 26 before, on, or after the effective date of sec. 58 of this Act, for offenses committed before, on, 27 or after the effective date of sec. 58 of this Act. 28 (j) AS 12.55.090(c), as amended by sec. 64 of this Act, applies to probation ordered 29 on or after the effective date of sec. 64 of this Act, for offenses committed before, on, or after 30 the effective date of sec. 64 of this Act. 31 (k) AS 12.55.100(a), as amended by sec. 67 of this Act, applies to probation ordered 01 on or after the effective date of sec. 67 of this Act, for offenses committed before, on, or after 02 the effective date of sec. 67 of this Act. 03 (l) The following sections apply to probation ordered before, on, or after the effective 04 date of those sections for offenses committed before, on, or after the effective date of those 05 sections: 06 (1) AS 12.55.090(b), as amended by sec. 63 of this Act; 07 (2) AS 12.55.090(f), as amended by sec. 65 of this Act; 08 (3) AS 12.55.090(g) - (m), enacted by sec. 66 of this Act; 09 (4) AS 12.55.110(c) - (h), enacted by sec. 69 of this Act; and 10 (5) AS 33.05.040, as amended by sec. 97 of this Act. 11 (m) The following sections apply to a revocation of a driver's license, privilege to 12 drive, or privilege to obtain a license occurring on or after the effective date of those sections 13 for conduct occurring before, on, or after the effective date of those sections: 14 (1) AS 28.15.165(e), enacted by sec. 82 of this Act; 15 (2) AS 28.15.181(f), as amended by sec. 83 of this Act; 16 (3) AS 28.15.201(g) and (h), enacted by sec. 84 of this Act; and 17 (4) AS 28.35.030(o), as amended by sec. 90 of this Act. 18 (n) The following sections apply to parole granted on or after the effective date of 19 those sections for conduct occurring before, on, or after the effective date of those sections: 20 (1) AS 33.16.010(c), as amended by sec. 100 of this Act; 21 (2) AS 33.16.010(d), as amended by sec. 101 of this Act; 22 (3) AS 33.16.060(a), as amended by sec. 103 of this Act; 23 (4) AS 33.16.090(a), as amended by sec. 105 of this Act; 24 (5) AS 33.16.100(a), as amended by sec. 107 of this Act; 25 (6) AS 33.16.100(b), as amended by sec. 108 of this Act; 26 (7) AS 33.16.100(f) and (g), enacted by sec. 109 of this Act; 27 (8) AS 33.16.130, as repealed and reenacted by sec. 115 of this Act; 28 (9) AS 33.16.140, as amended by sec. 116 of this Act; 29 (10) AS 33.16.150(a), as amended by sec. 117 of this Act; 30 (11) AS 33.16.150(b), as amended by sec. 118 of this Act; 31 (12) AS 33.16.150(e), as amended by sec. 119 of this Act; 01 (13) AS 33.16.150(f), as amended by sec. 120 of this Act; 02 (14) AS 33.16.150(g), as amended by sec. 121 of this Act; 03 (15) AS 33.16.150(h), enacted by sec. 122 of this Act; and 04 (16) AS 33.16.200, as amended by sec. 124 of this Act. 05 (o) AS 11.56.730(e), enacted by sec. 20 of this Act, and sec. 159 of this Act apply to 06 offenses committed on or after the effective date of AS 11.56.730(e), enacted by sec. 20 of 07 this Act and sec. 159 of this Act. 08 (p) The following sections apply to offenses committed on or after the effective date 09 of those sections: 10 (1) AS 12.30.006(b), as amended by sec. 43 of this Act; 11 (2) AS 12.30.006(c), as amended by sec. 44 of this Act; 12 (3) AS 12.30.006(d), as amended by sec. 45 of this Act; 13 (4) AS 12.30.006(f), as amended by sec. 46 of this Act; 14 (5) AS 12.30.011, as repealed and reenacted by sec. 47 of this Act; 15 (6) AS 12.30.016(b), as amended by sec. 48 of this Act; 16 (7) AS 12.30.016(c), as amended by sec. 49 of this Act; 17 (8) AS 12.30.021(a), as amended by sec. 50 of this Act; 18 (9) AS 12.30.021(c), as amended by sec. 51 of this Act; and 19 (10) AS 33.07, enacted by sec. 99 of this Act. 20 (q) AS 33.05.020(h), enacted by sec. 96 of this Act, applies to sentences imposed 21 before, on, or after the effective date of sec. 96 of this Act, for conduct occurring before, on, 22 or after the effective date of sec. 96 of this Act, for time served on probation on or after the 23 effective date of sec. 96 of this Act. 24 (r) AS 33.20.010(c), as amended by sec. 136 of this Act, applies to sentences imposed 25 before, on, or after the effective date of sec. 136 of this Act, for offenses committed before, 26 on, or after the effective date of sec. 136 of this Act, for time served on electronic monitoring 27 on or after the effect date of sec. 136 of this Act. 28 (s) The following sections apply to parole granted before, on, or after the effective 29 date of those sections: 30 (1) AS 33.16.180, as amended by sec. 123 of this Act; 31 (2) AS 33.16.210, as amended by sec. 125 of this Act; 01 (3) AS 33.16.210(c), enacted by sec. 126 of this Act; 02 (4) AS 33.16.215, enacted by sec. 127 of this Act; 03 (5) AS 33.16.220(b), as amended by sec. 128 of this Act; 04 (6) AS 33.16.220(f), as amended by sec. 129 of this Act; 05 (7) AS 33.16.220(i), as amended by sec. 130 of this Act; 06 (8) AS 33.16.220(j), enacted by sec. 131 of this Act; 07 (9) AS 33.16.240(h) and (i), enacted by sec. 132 of this Act; and 08 (10) AS 33.16.270, enacted by sec. 133 of this Act. 09 (t) AS 12.55.027(f), enacted by sec. 57 of this Act, applies to offenses committed on 10 or after the effective date of sec. 57 of this Act. 11 (u) AS 12.25.150(a), as amended by sec. 38 of this Act, applies to offenses committed 12 before, on, or after the effective date of sec. 38 of this Act, for contacts with peace officers 13 occurring on or after the effective date of sec. 38 of this Act. 14  * Sec. 167. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 CONDITIONAL EFFECT. (a) AS 11.56.730(e), enacted by sec. 20 of this Act, takes 17 effect only if sec. 159 of this Act receives the two-thirds majority vote of each house required 18 by art. IV, sec. 15, Constitution of the State of Alaska. 19 (b) AS 12.30.011, as repealed and reenacted by sec. 47 of this Act, takes effect only if 20 sec. 163(a) of this Act receives the two-thirds majority vote of each house required by art. IV, 21 sec. 15, Constitution of the State of Alaska. 22 (c) AS 12.55.055(g), enacted by sec. 61 of this Act, takes effect only if sec. 163(b) of 23 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 24 Constitution of the State of Alaska. 25 (d) AS 12.55.078, enacted by sec. 62 of this Act, takes effect only if sec. 163(c) of 26 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 27 Constitution of the State of Alaska. 28 (e) AS 12.55.135(p), enacted by sec. 78 of this Act, takes effect only if sec. 163(d) of 29 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 30 Constitution of the State of Alaska. 31 (f) AS 33.07, added by sec. 99 of this Act, takes effect only if sec. 163(e) of this Act 01 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 02 of the State of Alaska. 03  * Sec. 168. Sections 1 - 19, 21 - 37, 56, 59 - 62, 64, 71 - 79, 82 - 87, 90, 92 - 95, 136, 142, 04 143, 145 - 152, 162, 163(b), 163(c), and 163(d) of this Act and AS 11.56.730(d), enacted by 05 sec. 20 of this Act, take effect July 1, 2016. 06  * Sec. 169. Section 81 of this Act takes effect October 1, 2016. 07  * Sec. 170. Sections 39 - 42, 52, 54, 55, 58, 63, 65 - 70, 80, 88, 89, 91, 96 - 98, 100 - 135, 08 137, 138, 140, and 153 - 155 of this Act take effect January 1, 2017. 09  * Sec. 171. Section 139 of this Act takes effect July 1, 2017. 10  * Sec. 172. Sections 38, 43 - 51, 99, 160, 161, 163(a), and 163(e) of this Act take effect 11 January 1, 2018. 12  * Sec. 173. Section 141 of this Act takes effect July 1, 2018. 13  * Sec. 174. If AS 11.56.730(e), enacted by sec. 20 of this Act, and sec. 159 of this Act take 14 effect, they take effect January 1, 2019.