00 CS FOR HOUSE BILL NO. 49(FIN) am 01 "An Act relating to criminal law and procedure; relating to pretrial services; 02 establishing the crime of possession of motor vehicle theft tools; relating to electronic 03 monitoring; relating to controlled substances; relating to probation and parole; relating 04 to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex 05 offender'; relating to registration of sex offenders; relating to operating under the 06 influence; relating to refusal to submit to a chemical test; relating to the duties of the 07 commissioner of corrections; relating to testing of sexual assault examination kits; 08 relating to reports of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska 09 Rules of Criminal Procedure; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 01 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that 02 the Alaska Court System, the Department of Corrections, and the Department of Public Safety 03 make continued efforts to find efficiencies in the criminal justice system and increase the use 04 of contemporaneous two-way video conference for pretrial hearings whenever possible. 05 (b) When imposing a sentence, it is the intent of the legislature that the court may take 06 into consideration any good conduct and self-improvement efforts the defendant has made 07 while in pretrial status, including taking general education development, undergraduate, 08 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith- 09 based activities, and voluntary treatment programs. 10 (c) It is the intent of the legislature that the Department of Corrections develop a plan 11 to track and measure the effectiveness of evidence-based programs offered to offenders and 12 report its progress on the plan to both the House and Senate Judiciary Committees during the 13 Second Regular Session of the Thirty-First Alaska State Legislature. 14 (d) The legislature finds that the legislature did not intend, by enacting ch. 90, SLA 15 2003, and the legislature does not now intend by enacting this Act, to place a limitation on 16 which previous convictions may be considered when imposing a sentence under 17 AS 12.55.125(i), as amended by sec. 60 of this Act. 18 (e) It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 64 of 19 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d 20 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a 21 sentence under AS 12.55.125(i), as amended by sec. 60 of this Act, a prior felony conviction 22 should not be considered if 10 or more years has elapsed between the date of the defendant's 23 unconditional discharge on the immediately preceding offense and the date the defendant 24 committed the present offense unless the prior conviction was for an unclassified or class A 25 felony. 26 (f) It is the intent of the legislature that all prior felony convictions be considered 27 when imposing a sentence under AS 12.55.125(i), as amended by sec. 60 of this Act, 28 regardless of the amount of time that has passed since each conviction. 29 (g) The legislature finds that 30 (1) protecting the public from sex offenders serves a compelling governmental 31 interest, and that the release of certain information about sex offenders to public agencies and 01 the general public assists in protecting the public; 02 (2) a sex offender who is required to register as a sex offender in the state 03 where the person was convicted may relocate to this state for various reasons; 04 (3) the Alaska Supreme Court's narrow interpretation of the state's sex 05 offender registration requirements in its decision in State, Department of Public Safety v. 06 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex 07 offenders who may come to this state in that it requires a person to register as a sex offender 08 in this state only if that person has been convicted of an offense that is similar to a sex offense 09 as defined in AS 12.63.100, as amended by sec. 69 of this Act. 10 (h) It is the intent of the legislature to overturn State, Department of Public Safety v. 11 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender 12 required to register in another jurisdiction is not required to register in the state unless the 13 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as 14 amended by sec. 69 of this Act. Additionally, it is the intent of the legislature to give 15 reciprocity to other jurisdictions and require a sex offender who is physically present in the 16 state and is required to register as a sex offender in another jurisdiction to register as a sex 17 offender in the state regardless of whether the person's underlying conviction is similar to a 18 sex offense as defined in AS 12.63.100, as amended by sec. 69 of this Act. 19 (i) It is the intent of the legislature that the Department of Public Safety make 20 additional resources available to expand investigations of online exploitation of children. 21  * Sec. 2. AS 11.41.110(a) is amended to read: 22 (a) A person commits the crime of murder in the second degree if 23 (1) with intent to cause serious physical injury to another person or 24 knowing that the conduct is substantially certain to cause death or serious physical 25 injury to another person, the person causes the death of any person; 26 (2) the person knowingly engages in conduct that results in the death 27 of another person under circumstances manifesting an extreme indifference to the 28 value of human life; 29 (3) under circumstances not amounting to murder in the first degree 30 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 31 person commits or attempts to commit arson in the first degree, kidnapping, sexual 01 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 02 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 03 degree, escape in the first or second degree, robbery in any degree, or misconduct 04 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),  05 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 06 and, in the course of or in furtherance of that crime or in immediate flight from that 07 crime, any person causes the death of a person other than one of the participants; 08 (4) acting with a criminal street gang, the person commits or attempts 09 to commit a crime that is a felony and, in the course of or in furtherance of that crime 10 or in immediate flight from that crime, any person causes the death of a person other 11 than one of the participants; or 12 (5) the person with criminal negligence causes the death of a child 13 under the age of 16, and the person has been previously convicted of a crime involving 14 a child under the age of 16 that was 15 (A) a felony violation of AS 11.41; 16 (B) in violation of a law or ordinance in another jurisdiction 17 with elements similar to a felony under AS 11.41; or 18 (C) an attempt, a solicitation, or a conspiracy to commit a 19 crime listed in (A) or (B) of this paragraph. 20  * Sec. 3. AS 11.41.150(a) is amended to read: 21 (a) A person commits the crime of murder of an unborn child if the person 22 (1) with intent to cause the death of an unborn child or of another 23 person, causes the death of an unborn child; 24 (2) with intent to cause serious physical injury to an unborn child or to 25 another person or knowing that the conduct is substantially certain to cause death or 26 serious physical injury to an unborn child or to another person, causes the death of an 27 unborn child; 28 (3) while acting alone or with one or more persons, commits or 29 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 30 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 31 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 01 first or second degree, robbery in any degree, or misconduct involving a controlled 02 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 03 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 04 in furtherance of that crime or in immediate flight from that crime, any person causes 05 the death of an unborn child; 06 (4) knowingly engages in conduct that results in the death of an unborn 07 child under circumstances manifesting an extreme indifference to the value of human 08 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 09 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 10 does not constitute conduct manifesting an extreme indifference to the value of human 11 life. 12  * Sec. 4. AS 11.41.438(b) is amended to read: 13 (b) Except as provided in (c) of this section, sexual [SEXUAL] abuse of a 14 minor in the third degree is a class C felony, punishable as provided in  15 AS 12.55.125(e). 16  * Sec. 5. AS 11.41.438 is amended by adding a new subsection to read: 17 (c) Sexual abuse of a minor in the third degree is a class C felony, punishable 18 under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years 19 younger than the offender.  20  * Sec. 6. AS 11.41.452(a) is amended to read: 21 (a) A person commits the crime of [ONLINE] enticement of a minor if the 22 person, being 18 years of age or older, knowingly communicates [USES A 23 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 24 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 25 (1) the other person is a child under 16 years of age; or 26 (2) the person believes that the other person is a child under 16 years 27 of age. 28  * Sec. 7. AS 11.41.452(d) is amended to read: 29 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 30 is a class B felony. 31  * Sec. 8. AS 11.41.452(e) is amended to read: 01 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 02 the defendant was, at the time of the offense, required to register as a sex offender or 03 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 04  * Sec. 9. AS 11.46.130(a) is amended to read: 05 (a) A person commits the crime of theft in the second degree if the person 06 commits theft as defined in AS 11.46.100 and 07 (1) the value of the property or services [, ADJUSTED FOR 08 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 09 $25,000; 10 (2) the property is a firearm or explosive; 11 (3) the property is taken from the person of another; 12 (4) the property is taken from a vessel and is vessel safety or survival 13 equipment; 14 (5) the property is taken from an aircraft and the property is aircraft 15 safety or survival equipment; 16 (6) the value of the property [, ADJUSTED FOR INFLATION AS 17 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 18 preceding five years, the person has been convicted and sentenced on two or more 19 separate occasions in this or another jurisdiction of 20 (A) an offense under AS 11.46.120, or an offense under 21 another law or ordinance with similar elements; 22 (B) a crime set out in this subsection or an offense under 23 another law or ordinance with similar elements; 24 (C) an offense under AS 11.46.140(a)(1), or an offense under 25 another law or ordinance with similar elements; or 26 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 27 offense under another law or ordinance with similar elements; or 28 (7) the property is an access device or identification document. 29  * Sec. 10. AS 11.46.140(a) is amended to read: 30 (a) A person commits the crime of theft in the third degree if the person 31 commits theft as defined in AS 11.46.100 and 01 (1) the value of the property or services [, ADJUSTED FOR 02 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 03 or 04 (2) [REPEALED] 05 (3) [REPEALED] 06 (4) the value of the property is less than $250 and, within the preceding 07 five years, the person has been convicted and sentenced on three or more separate 08 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 09 offense under another law or ordinance with similar elements. 10  * Sec. 11. AS 11.46.150(a) is amended to read: 11 (a) A person commits the crime of theft in the fourth degree if the person 12 commits theft as defined in AS 11.46.100 and the value of the property or services [, 13 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 14  * Sec. 12. AS 11.46.220(c) is amended to read: 15 (c) Concealment of merchandise is 16 (1) a class C felony if 17 (A) the merchandise is a firearm; 18 (B) the value of the merchandise [, ADJUSTED FOR 19 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 20 (C) the value of the merchandise [, ADJUSTED FOR 21 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 22 $750 and, within the preceding five years, the person has been convicted and 23 sentenced on two or more separate occasions in this or another jurisdiction of 24 (i) the offense of concealment of merchandise under 25 this paragraph or (2)(A) of this subsection, or an offense under another 26 law or ordinance with similar elements; or 27 (ii) an offense under AS 11.46.120, 11.46.130, or 28 11.46.140(a)(1), or an offense under another law or ordinance with 29 similar elements; 30 (2) a class A misdemeanor if 31 (A) the value of the merchandise [, ADJUSTED FOR 01 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 02 $750; or 03 (B) [REPEALED] 04 (C) the value of the merchandise is less than $250 and, within 05 the preceding five years, the person has been convicted and sentenced on three 06 or more separate occasions of the offense of concealment of merchandise or 07 theft in any degree, or an offense under another law or ordinance with similar 08 elements; 09 (3) a class B misdemeanor if the value of the merchandise [, 10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 11  * Sec. 13. AS 11.46.260(b) is amended to read: 12 (b) Removal of identification marks is 13 (1) a class C felony if the value of the property on which the serial 14 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 15 PROVIDED IN AS 11.46.982,] is $750 or more; 16 (2) a class A misdemeanor if the value of the property on which the 17 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 18 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 19 (3) a class B misdemeanor if the value of the property on which the 20 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 21 PROVIDED IN AS 11.46.982,] is less than $250. 22  * Sec. 14. AS 11.46.270(b) is amended to read: 23 (b) Unlawful possession is 24 (1) a class C felony if the value of the property on which the serial 25 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 26 PROVIDED IN AS 11.46.982,] is $750 or more; 27 (2) a class A misdemeanor if the value of the property on which the 28 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 29 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 30 (3) a class B misdemeanor if the value of the property on which the 31 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 01 PROVIDED IN AS 11.46.982,] is less than $250. 02  * Sec. 15. AS 11.46.280(d) is amended to read: 03 (d) Issuing a bad check is 04 (1) a class B felony if the face amount of the check is $25,000 or more; 05 (2) a class C felony if the face amount of the check [, ADJUSTED 06 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 07 $25,000; 08 (3) a class A misdemeanor if the face amount of the check [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 10 but less than $750; 11 (4) a class B misdemeanor if the face amount of the check [, 12 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 13  * Sec. 16. AS 11.46.285 is amended to read: 14 Sec. 11.46.285. Fraudulent use of an access device or identification  15 document. (a) A person commits the crime of fraudulent use of an access device or  16 identification document if, with intent to defraud, the person uses an access device or  17 identification document to obtain property or services with knowledge that 18 (1) the access device or identification document is stolen or forged; 19 (2) the access device or identification document is expired or has 20 been revoked or cancelled; or 21 (3) for any other reason, that person's use of the access device or  22 identification document is unauthorized by either the issuer or the person to whom 23 the access device or identification document is issued. 24 (b) Fraudulent use of an access device or identification document is 25 (1) a class B felony if the value of the property or services obtained is 26 $25,000 or more; 27 (2) a class C felony if the value of the property or services obtained [, 28 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 29 more but less than $25,000; 30 (3) a class A misdemeanor if the value of the property or services 31 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 01 than $75 [$750]. 02  * Sec. 17. AS 11.46.295 is amended to read: 03 Sec. 11.46.295. Prior convictions. For purposes of considering prior 04 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or  05 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 06 AS 11.46.220(c), 07 (1) a conviction for an offense under another law or ordinance with 08 similar elements is a conviction of an offense having elements similar to those of an 09 offense defined as such under Alaska law at the time the offense was committed; 10 (2) a conviction for an offense under Alaska law where the value of the 11 property or services for the offense was lower than the value of property or services 12 for the offense under current Alaska law is a prior conviction for that offense; and 13 (3) the court shall consider the date of a prior conviction as occurring 14 on the date that sentence is imposed for the prior offense. 15  * Sec. 18. AS 11.46.360(a) is amended to read: 16 (a) A person commits the crime of vehicle theft in the first degree if, having 17 no right to do so or any reasonable ground to believe the person has such a right, the 18 person drives, tows away, or takes 19 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 20 of another; 21 (2) the propelled vehicle of another and 22 (A) the vehicle or any other property of another is damaged in a 23 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 24 AS 11.46.982,] of $750 or more; 25 (B) the owner incurs reasonable expenses as a result of the loss 26 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 27 PROVIDED IN AS 11.46.982,] of $750 or more; or 28 (C) the owner is deprived of the use of the vehicle for seven 29 days or more; 30 (3) the propelled vehicle of another and the vehicle is marked as a 31 police or emergency vehicle; or 01 (4) the propelled vehicle of another and, within the preceding seven 02 years, the person was convicted under 03 (A) this section or AS 11.46.365; 04 (B) former AS 11.46.482(a)(4) or (5); 05 (C) former AS 11.46.484(a)(2); 06 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 07 of a propelled vehicle; or 08 (E) a law or ordinance of this or another jurisdiction with 09 elements substantially similar to those of an offense described in (A) - (D) of 10 this paragraph. 11  * Sec. 19. AS 11.46 is amended by adding a new section to article 3 to read: 12 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 13 the crime of possession of motor vehicle theft tools if the person possesses a motor 14 vehicle theft tool with intent to use or permit use of the tool in the commission of 15 vehicle theft. 16 (b) In this section, 17 (1) "altered or shaved key" means a key altered by cutting, filing, or 18 other means to fit multiple vehicles or vehicles other than vehicles for which the key 19 was originally manufactured; 20 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 21 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar 22 device adapted or designed for use in committing vehicle theft; 23 (3) "trial or jiggler key" means a key designed or altered to manipulate 24 a vehicle locking mechanism other than the lock for which the key was originally 25 manufactured. 26 (c) Possession of motor vehicle theft tools is a class A misdemeanor. 27  * Sec. 20. AS 11.46.482(a) is amended to read: 28 (a) A person commits the crime of criminal mischief in the third degree if, 29 having no right to do so or any reasonable ground to believe the person has such a 30 right, 31 (1) with intent to damage property of another, the person damages 01 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 02 IN AS 11.46.982,] of $750 or more; 03 (2) the person recklessly creates a risk of damage in an amount 04 exceeding $100,000 to property of another by the use of widely dangerous means; or 05 (3) the person knowingly 06 (A) defaces, damages, or desecrates a cemetery or the contents 07 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 08 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 09 memorial appears to be abandoned, lost, or neglected; 10 (B) removes human remains or associated burial artifacts from 11 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 12 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 13  * Sec. 21. AS 11.46.484(a) is amended to read: 14 (a) A person commits the crime of criminal mischief in the fourth degree if, 15 having no right to do so or any reasonable ground to believe the person has such a 16 right, 17 (1) with intent to damage property of another, the person damages 18 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 19 IN AS 11.46.982,] of $250 or more but less than $750; 20 (2) the person tampers with a fire protection device in a building that is 21 a public place; 22 (3) the person knowingly accesses a computer, computer system, 23 computer program, computer network, or part of a computer system or network; 24 (4) the person uses a device to descramble an electronic signal that has 25 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 26 device is used only to descramble signals received directly from a satellite or unless 27 the person owned the device before September 18, 1984; or 28 (5) the person knowingly removes, relocates, defaces, alters, obscures, 29 shoots at, destroys, or otherwise tampers with an official traffic control device or 30 damages the work on a highway under construction. 31  * Sec. 22. AS 11.46.486(a) is amended to read: 01 (a) A person commits the crime of criminal mischief in the fifth degree if, 02 having no right to do so or any reasonable ground to believe the person has such a 03 right, 04 (1) with reckless disregard for the risk of harm to or loss of the 05 property or with intent to cause substantial inconvenience to another, the person 06 tampers with property of another; 07 (2) with intent to damage property of another, the person damages 08 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 09 IN AS 11.46.982,] less than $250; or 10 (3) the person rides in a propelled vehicle and, with criminal 11 negligence, disregards the fact that it has been stolen or that it is being used in 12 violation of AS 11.46.360 or 11.46.365(a)(1).  13  * Sec. 23. AS 11.46.530(b) is amended to read: 14 (b) Criminal simulation is 15 (1) a class C felony if the value of what the object purports to represent 16 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 17 more; 18 (2) a class A misdemeanor if the value of what the object purports to 19 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 20 $250 or more but less than $750; 21 (3) a class B misdemeanor if the value of what the object purports to 22 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 23 than $250. 24  * Sec. 24. 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 [, 27 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 28 (2) a class A misdemeanor if the value of the property misapplied [, 29 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 30  * Sec. 25. 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 [, ADJUSTED FOR 02 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 03 defendant's conduct, in which case defrauding secured creditors is 04 (1) a class B felony if the loss is $25,000 or more; 05 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 06 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 07  * Sec. 26. AS 11.46.980 is amended by adding a new subsection to read: 08 (e) In determining the degree or classification of a crime under this chapter, if 09 the combined value of the property or services taken from one or more persons or 10 commercial establishments within a period of 180 days is $750 or more but less than 11 $25,000, the value may be aggregated. 12  * Sec. 27. AS 11.56.310(a) is amended to read: 13 (a) One commits the crime of escape in the second degree if, without lawful 14 authority, one 15 (1) removes oneself from 16 (A) a secure correctional facility while under official detention 17 for a misdemeanor; 18 (B) official detention for a felony or for extradition; or 19 (C) official detention and, during the escape or at any time 20 before being restored to official detention, one possesses on or about oneself a 21 firearm; 22 (2) violates AS 11.56.335 or 11.56.340 and, during the time of the 23 unlawful evasion or at any time before being restored to official detention, one 24 possesses on or about oneself a firearm; or 25 (3) while under official detention for a felony,  26 (A) removes, tampers with, or disables the electronic 27 monitoring equipment; [,] or 28 (B) without prior authorization, leaves one's residence or 29 other place designated by the commissioner of corrections or the  30 commissioner of health and social services for [THE] service by electronic 31 monitoring [OF OFFICIAL DETENTION FOR A FELONY]. 01  * Sec. 28. AS 11.56.320(a) is amended to read: 02 (a) One commits the crime of escape in the third degree if one 03 (1) removes oneself from official detention during any lawful 04 movement or activity incident to confinement within a correctional facility for a 05 misdemeanor; [OR] 06 (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave 07 the state;  08 (3) while under official detention for a misdemeanor,  09 (A) removes, tampers with, or disables the electronic  10 monitoring equipment; or  11 (B) without prior authorization, leaves one's residence or  12 other place designated by the commissioner of corrections or the  13 commissioner of health and social services for service by electronic  14 monitoring; or  15 (4) while on release under AS 12.30,  16 (A) removes, tampers with, or disables the electronic  17 monitoring equipment; or  18 (B) without prior authorization, leaves one's residence or  19 other place designated by a judicial officer as a condition of release. 20  * Sec. 29. AS 11.56.730(a) is amended to read: 21 (a) A person commits the crime [OFFENSE] of failure to appear if the person 22 (1) is released under the provisions of AS 12.30; 23 (2) knows that the person is required to appear before a court or 24 judicial officer at the time and place of a scheduled hearing; and 25 (3) with criminal negligence does not appear before the court or 26 judicial officer at the time and place of the scheduled hearing. 27  * Sec. 30. AS 11.56.730(d) is amended 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 02 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 03 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 04 HEARING; OR 05 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 06 SCHEDULED HEARING TO AVOID PROSECUTION]; 07 (2) class A misdemeanor if the person was released in connection with 08 a 09 (A) charge of a misdemeanor, while awaiting sentence or 10 appeal after conviction of a misdemeanor; or 11 (B) [, OR IN CONNECTION WITH A] requirement to appear 12 as a material witness in a criminal proceeding [, AND THE PERSON 13 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 14 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 15 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 16 HEARING; OR 17 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 18 SCHEDULED HEARING TO AVOID PROSECUTION; OR 19 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000]. 20  * Sec. 31. AS 11.56.810(a) is amended to read: 21 (a) A person commits the crime of terroristic threatening in the second degree 22 if the person makes a threat that  23 (1) places [KNOWINGLY MAKES A FALSE REPORT THAT A 24 CIRCUMSTANCE (1) DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT 25 TO EXIST AND (A)] a person [IS PLACED] in reasonable fear of serious physical 26 injury to any person with reckless disregard that the threat may cause  27 (A) the [; (B) CAUSES] evacuation of or initiation of an  28 emergency protocol for a building, public place or area, business premises, or 29 mode of public transportation; 30 (B) [(C) CAUSES] serious public inconvenience; or 31 (C) the public or a substantial group of the public to be in  01 fear of serious physical injury [(D) THE REPORT CLAIMS THAT A 02 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 03 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 04 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 05 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 06 TRANSPORTATION]; or 07 (2) causes any person to reasonably believe that a circumstance 08 exists or is about to exist that is dangerous to the proper or safe functioning of an oil or 09 gas pipeline or supporting facility, utility, or transportation or cargo facility; in this 10 paragraph, "oil or gas pipeline or supporting facility" and "utility" have the meanings 11 given in AS 11.46.495. 12  * Sec. 32. AS 11.61.123(a) is amended to read: 13 (a) A person commits the crime of indecent viewing or production of a  14 picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly 15 (1) views, or views [PRODUCES] a picture of, the private exposure of 16 the genitals, anus, or female breast of another person; or  17 (2) produces a picture of the private exposure of the genitals, anus,  18 or female breast of another person [AND THE VIEW OR PRODUCTION IS 19 WITHOUT THE KNOWLEDGE OR CONSENT OF 20 (1) THE PARENT OR GUARDIAN OF THE PERSON VIEWED, 21 OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR 22 SHOWN IS UNDER 16 YEARS OF AGE; AND 23 (2) THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF 24 THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE]. 25  * Sec. 33. AS 11.61.123(c) is amended to read: 26 (c) This section does not apply to the viewing or production of a picture 27 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 28 purpose. 29  * Sec. 34. AS 11.61.123(d) is amended to read: 30 (d) In a prosecution under this section, it is an affirmative defense that the 31 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security 01 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 02 posted, and any viewing or use of pictures produced is done only in the interest of 03 crime prevention or prosecution. 04  * Sec. 35. AS 11.61.123(f) is amended to read: 05 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 06 (1) class B felony if the person violates (a)(2) of this section and the  07 person shown in the picture was, at the time of the production of the picture, a  08 minor;  09 (2) [(1)] class C felony if the person 10 (A) violates (a)(1) of this section and the person viewed 11 (i) [OR SHOWN IN A PICTURE] was, at the time of 12 the viewing [OR PRODUCTION OF THE PICTURE], a minor;  13 (ii) in a picture was, at the time of the production of  14 the picture, a minor; or 15 (B) violates (a)(2) of this section and the person shown in a  16 picture was, at the time of the production of the picture, an adult; 17 (3) [(2)] class A misdemeanor if the person violates (a)(1) of this  18 section and the person viewed 19 (A) [OR SHOWN IN A PICTURE] was, at the time of the 20 viewing [OR PRODUCTION OF THE PICTURE], an adult; or  21 (B) in a picture was, at the time of the production of the  22 picture, an adult. 23  * Sec. 36. AS 11.61.123 is amended by adding a new subsection to read: 24 (g) The provisions of this section do not apply to acts 25 (1) that may reasonably be construed to be normal caretaker 26 responsibilities for a child, interactions with a child, or affection for a child; or 27 (2) performed for the purpose of administering a recognized and lawful 28 form of treatment that is reasonably adapted to promoting the physical or mental 29 health of the person being treated. 30  * Sec. 37. AS 11.61 is amended by adding a new section to read: 31 Sec. 11.61.124. Solicitation or production of an indecent picture of a  01 minor. (a) An offender commits the crime of solicitation or production of an indecent 02 picture of a minor if, under circumstances not proscribed under AS 11.41.455, the 03 offender being 18 years of age or older 04 (1) solicits a picture of the genitals, anus, or female breast of another 05 person and the 06 (A) person solicited is under 16 years of age and at least four 07 years younger than the offender; or 08 (B) offender believes that the other person is under 16 years of 09 age and at least four years younger than the offender; or 10 (2) produces a picture of the genitals, anus, or female breast of another 11 person and the 12 (A) person shown in the picture is under 16 years of age and at 13 least four years younger than the offender; or 14 (B) offender believes that the other person is under 16 years of 15 age and at least four years younger than the offender. 16 (b) In a prosecution under (a) of this section, it is not a defense that the person 17 solicited or shown in the picture was not actually a child under 16 years of age and at 18 least four years younger than the offender. 19 (c) In a prosecution under (a)(1) of this section, it is not necessary for the 20 prosecution to show that a picture was actually produced. 21 (d) The provisions of this section do not apply to acts 22 (1) that may reasonably be construed to be normal caretaker 23 responsibilities for a child, interactions with a child, or affection for a child; or 24 (2) performed for the purpose of administering a recognized and lawful 25 form of treatment that is reasonably adapted to promoting the physical or mental 26 health of the person being treated. 27 (e) Solicitation or production of an indecent picture of a minor is a 28 (1) class C felony if an offender 29 (A) violates (a)(1) of this section and the person solicited is 30 under 13 years of age; or 31 (B) violates (a)(2) of this section; 01 (2) class A misdemeanor if an offender violates (a)(1) of this section 02 and the person solicited is 13 years of age or older. 03 (f) In this section, "picture" has the meaning given in AS 11.61.123. 04  * Sec. 38. AS 11.71 is amended by adding a new section to read: 05 Sec. 11.71.021. Misconduct involving a controlled substance in the second  06 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 07 misconduct involving a controlled substance in the second degree if the person 08 (1) manufactures or delivers any amount of a schedule IA controlled 09 substance or possesses any amount of a schedule IA controlled substance with intent 10 to manufacture or deliver; 11 (2) manufactures any material, compound, mixture, or preparation that 12 contains 13 (A) methamphetamine, or its salts, isomers, or salts of isomers; 14 or 15 (B) an immediate precursor of methamphetamine, or its salts, 16 isomers, or salts of isomers; 17 (3) possesses an immediate precursor of methamphetamine, or the 18 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 19 with the intent to manufacture any material, compound, mixture, or preparation that 20 contains methamphetamine, or its salts, isomers, or salts of isomers; 21 (4) possesses a listed chemical with intent to manufacture any material, 22 compound, mixture, or preparation that contains 23 (A) methamphetamine, or its salts, isomers, or salts of isomers; 24 or 25 (B) an immediate precursor of methamphetamine, or its salts, 26 isomers, or salts of isomers; 27 (5) possesses methamphetamine in an organic solution with intent to 28 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 29 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 30 delivers 31 (A) an immediate precursor of methamphetamine, or the salts, 01 isomers, or salts of isomers of the immediate precursor of methamphetamine, 02 to another person with reckless disregard that the precursor will be used to 03 manufacture any material, compound, mixture, or preparation that contains 04 methamphetamine, or its salts, isomers, or salts of isomers; or 05 (B) a listed chemical to another person with reckless disregard 06 that the listed chemical will be used to manufacture any material, compound, 07 mixture, or preparation that contains 08 (i) methamphetamine, or its salts, isomers, or salts of 09 isomers; 10 (ii) an immediate precursor of methamphetamine, or its 11 salts, isomers, or salts of isomers; or 12 (iii) methamphetamine or its salts, isomers, or salts of 13 isomers in an organic solution. 14 (b) In a prosecution under (a) of this section, possession of more than six 15 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 16 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 17 the person intended to use the listed chemicals to manufacture, to aid or abet another 18 person to manufacture, or to deliver to another person who intends to manufacture 19 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 20 of methamphetamine or its immediate precursors. The prima facie evidence described 21 in this subsection does not apply to a person who possesses 22 (1) the listed chemicals ephedrine, pseudoephedrine, 23 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 24 (A) and the listed chemical was dispensed to the person under a 25 valid prescription; or 26 (B) in the ordinary course of a legitimate business, or an 27 employee of a legitimate business, as a 28 (i) retailer or as a wholesaler; 29 (ii) wholesale drug distributor licensed by the Board of 30 Pharmacy; 31 (iii) manufacturer of drug products licensed by the 01 Board of Pharmacy; 02 (iv) pharmacist licensed by the Board of Pharmacy; or 03 (v) health care professional licensed by the state; or 04 (2) less than 24 grams of ephedrine, pseudoephedrine, 05 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 06 kept in a locked storage area on the premises of a legitimate business or nonprofit 07 organization operating a camp, lodge, school, day care center, treatment center, or 08 other organized group activity, and the location or nature of the activity, or the age of 09 the participants, makes it impractical for the participants in the activity to obtain 10 medicinal products. 11 (c) In this section, "listed chemical" means a chemical described under 12 AS 11.71.200. 13 (d) Misconduct involving a controlled substance in the second degree is a 14 class A felony. 15  * Sec. 39. AS 11.71.030(a) is amended to read: 16 (a) Except as authorized in AS 17.30, a person commits the crime of 17 misconduct involving a controlled substance in the third [SECOND] degree if the 18 person 19 (1) manufactures or delivers, or possesses with intent to manufacture 20 or deliver, 21 (A) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of one gram or more containing a schedule 23 IA controlled substance; 24 (B) 25 or more tablets, ampules, or syrettes containing a 25 schedule IA controlled substance; 26 (C) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of 2.5 grams or more containing a schedule 28 IIA or IIIA controlled substance; or 29 (D) 50 or more tablets, ampules, or syrettes containing a 30 schedule IIA or IIIA controlled substance; 31 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 01 substance to a person under 19 years of age who is at least three years younger than 02 the person delivering the substance; 03 (3) possesses any amount of a schedule IA or IIA controlled substance 04 (A) with reckless disregard that the possession occurs 05 (i) on or within 500 feet of school grounds; or 06 (ii) at or within 500 feet of a recreation or youth center; 07 or 08 (B) on a school bus; 09 (4) manufactures any material, compound, mixture, or preparation that 10 contains 11 (A) methamphetamine, or its salts, isomers, or salts of isomers; 12 or 13 (B) an immediate precursor of methamphetamine, or its salts, 14 isomers, or salts of isomers; 15 (5) possesses an immediate precursor of methamphetamine, or the 16 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 17 with the intent to manufacture any material, compound, mixture, or preparation that 18 contains methamphetamine, or its salts, isomers, or salts of isomers; 19 (6) possesses a listed chemical with intent to manufacture any material, 20 compound, mixture, or preparation that contains 21 (A) methamphetamine, or its salts, isomers, or salts of isomers; 22 or 23 (B) an immediate precursor of methamphetamine, or its salts, 24 isomers, or salts of isomers; 25 (7) possesses methamphetamine in an organic solution with intent to 26 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 27 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 28 delivers 29 (A) an immediate precursor of methamphetamine, or the salts, 30 isomers, or salts of isomers of the immediate precursor of methamphetamine, 31 to another person with reckless disregard that the precursor will be used to 01 manufacture any material, compound, mixture, or preparation that contains 02 methamphetamine, or its salts, isomers, or salts of isomers; or 03 (B) a listed chemical to another person with reckless disregard 04 that the listed chemical will be used to manufacture any material, compound, 05 mixture, or preparation that contains 06 (i) methamphetamine, or its salts, isomers, or salts of 07 isomers; 08 (ii) an immediate precursor of methamphetamine, or its 09 salts, isomers, or salts of isomers; or 10 (iii) methamphetamine or its salts, isomers, or salts of 11 isomers in an organic solution; or  12 (9) under circumstances not proscribed under AS 11.71.021(a)(2) -  13 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled  14 substance or possesses any amount of a schedule IIA or IIIA controlled substance  15 with intent to manufacture or deliver. 16  * Sec. 40. AS 11.71.030(d) is amended to read: 17 (d) Misconduct involving a controlled substance in the third [SECOND] 18 degree is a class B felony. 19  * Sec. 41. AS 11.71.040(a) is amended to read: 20 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 21 crime of misconduct involving a controlled substance in the fourth [THIRD] degree if 22 the person 23 (1) manufactures or delivers any amount of a schedule IVA or VA 24 controlled substance or possesses any amount of a schedule IVA or VA controlled 25 substance with intent to manufacture or deliver; 26 (2) manufactures or delivers, or possesses with the intent to 27 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 28 of an aggregate weight of one ounce or more containing a schedule VIA controlled 29 substance; 30 (3) possesses any amount of a schedule IA controlled substance listed 31 in AS 11.71.140(e); 01 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 02 (A) with reckless disregard that the possession occurs 03 (i) on or within 500 feet of school grounds; or 04 (ii) at or within 500 feet of a recreation or youth center; 05 or 06 (B) on a school bus; 07 (5) knowingly keeps or maintains any store, shop, warehouse, 08 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 09 keeping or distributing controlled substances in violation of a felony offense under this 10 chapter or AS 17.30; 11 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 12 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 13 mark, imprint, or device of another or any likeness of any of these on a drug, drug 14 container, or labeling so as to render the drug a counterfeit substance; 15 (7) knowingly uses in the course of the manufacture or distribution of a 16 controlled substance a registration number that is fictitious, revoked, suspended, or 17 issued to another person; 18 (8) knowingly furnishes false or fraudulent information in or omits 19 material information from any application, report, record, or other document required 20 to be kept or filed under AS 17.30; 21 (9) obtains possession of a controlled substance by misrepresentation, 22 fraud, forgery, deception, or subterfuge; 23 (10) affixes a false or forged label to a package or other container 24 containing any controlled substance; [OR] 25 (11) manufactures or delivers, or possesses with the intent to 26 manufacture or deliver, 27 (A) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of less than one gram containing a schedule 29 IA controlled substance; 30 (B) less than 25 tablets, ampules, or syrettes containing a 31 schedule IA controlled substance; 01 (C) one or more preparations, compounds, mixtures, or 02 substances of an aggregate weight of less than 2.5 grams containing a schedule 03 IIA or IIIA controlled substance; or 04 (D) less than 50 tablets, ampules, or syrettes containing a 05 schedule IIA or IIIA controlled substance; or 06 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years,  07 has been convicted on two or more separate occasions of a crime under  08 (A) this paragraph;  09 (B) AS 11.71.050(a)(4); or  10 (C) a law or ordinance of this or another jurisdiction with  11 elements similar to a crime listed under (A) or (B) of this paragraph. 12  * Sec. 42. AS 11.71.040(d) is amended to read: 13 (d) Misconduct involving a controlled substance in the fourth [THIRD] 14 degree is a class C felony. 15  * Sec. 43. AS 11.71.050 is amended to read: 16 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth  17 [FOURTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 18 commits the crime of misconduct involving a controlled substance in the fifth 19 [FOURTH] degree if the person 20 (1) manufactures or delivers, or possesses with the intent to 21 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 22 of an aggregate weight of less than one ounce containing a schedule VIA controlled 23 substance; 24 (2) [REPEALED] 25 (3) fails to make, keep, or furnish any record, notification, order form, 26 statement, invoice, or information required under AS 17.30; [OR] 27 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 28 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3), 11.71.040(a)(4)], or 11.71.060(a)(2), 29 possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA [, OR VIA] controlled 30 substance; or  31 (5) under circumstances not proscribed under AS 11.71.030(a)(3),  01 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a  02 schedule VIA controlled substance. 03 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 04 degree is a class A misdemeanor. 05  * Sec. 44. AS 11.71.060 is amended to read: 06 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth  07 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 08 commits the crime of misconduct involving a controlled substance in the sixth 09 [FIFTH] degree if the person 10 (1) uses or displays any amount of a schedule VIA controlled 11 substance; 12 (2) possesses one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of 14 (A) less than one ounce containing a schedule VIA controlled 15 substance; 16 (B) six grams or less containing a schedule IIIA controlled 17 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 18 otherwise applied to tobacco, an herb, or another organic material; or 19 (3) refuses entry into a premise for an inspection authorized under 20 AS 17.30. 21 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 22 is a class B misdemeanor. 23  * Sec. 45. AS 11.71.311(a) is amended to read: 24 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 25 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 26 11.71.060(a)(1) or (2) if that person 27 (1) sought, in good faith, medical or law enforcement assistance for 28 another person who the person reasonably believed was experiencing a drug overdose 29 and 30 (A) the evidence supporting the prosecution for an offense 31 under AS 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR 01 (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained or discovered as a 02 result of the person seeking medical or law enforcement assistance; 03 (B) the person remained at the scene with the other person until 04 medical or law enforcement assistance arrived; and 05 (C) the person cooperated with medical or law enforcement 06 personnel, including by providing identification; 07 (2) was experiencing a drug overdose and sought medical assistance, 08 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 09 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 10 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for 11 medical assistance. 12  * Sec. 46. AS 12.25.150(a) is amended to read: 13 (a) A person arrested shall be taken before a judge or magistrate without 14 unnecessary delay and in any event within 48 [24] hours after arrest, [ABSENT 15 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE 16 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES 17 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 18 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 19 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 20 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR 21 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 22 ARREST.] This requirement applies to municipal police officers to the same extent as 23 it does to state troopers. 24  * Sec. 47. AS 12.30.006(b) is amended to read: 25 (b) At the first appearance before a judicial officer, a person may be detained 26 up to 48 hours for the prosecuting authority to demonstrate that release of the person 27 under AS 12.30.011 would not reasonably ensure the appearance of the person or will 28 pose a danger to the victim, other persons, or the community, if the person has 29 (1) been charged with an unclassified, class A, class B, or class C 30 felony; or 31 (2) a criminal conviction or charge outside the state [THAT HAS NOT 01 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE 02 PRETRIAL RISK ASSESSMENT UNDER AS 33.07]. 03  * Sec. 48. AS 12.30.006(c) is amended to read: 04 (c) A person who remains in custody 48 hours after appearing before a judicial 05 officer because of inability to meet the conditions of release shall, upon application, be 06 entitled to have the conditions reviewed by the judicial officer who imposed them. If 07 the judicial officer who imposed the conditions of release is not available, any judicial 08 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 09 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 10 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 11 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 12 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 13 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 14 (1) APPEARANCE OF THE PERSON IN COURT; AND 15 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 16 COMMUNITY.] 17  * Sec. 49. AS 12.30.006(d) is amended to read: 18 (d) If a person remains in custody after review of conditions by a judicial 19 officer under (c) of this section, the person may request a subsequent review of 20 conditions. Unless the prosecuting authority stipulates otherwise or the person has 21 been incarcerated for a period equal to the maximum sentence for the most serious 22 charge for which the person is being held, a judicial officer may not schedule a bail 23 review hearing under this subsection unless 24 (1) the person provides to the court and the prosecuting authority a 25 written statement that new information not considered at the previous review will be 26 presented at the hearing; the statement must include a description of the information 27 and the reason the information was not presented at a previous hearing; in this 28 paragraph, "new information" does not include [INCLUDES] the person's inability to 29 post the required bail; 30 (2) the prosecuting authority and any surety, if applicable, have at least 31 48 hours' [HOURS"] written notice before the time set for the review requested under 01 this subsection; the defendant shall notify the surety; and 02 (3) at least seven days have elapsed between the previous review and 03 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE 04 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]. 05  * Sec. 50. AS 12.30.011 is repealed and reenacted to read: 06 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 07 chapter, a judicial officer shall order a person charged with an offense to be released 08 on the person's personal recognizance or upon execution of an unsecured appearance 09 bond, on the condition that the person  10 (1) obey all court orders and all federal, state, and local laws; 11 (2) appear in court when ordered; 12 (3) if represented, maintain contact with the person's lawyer; and 13 (4) notify the person's lawyer, who shall notify the prosecuting 14 authority and the court, not more than 24 hours after the person changes residence. 15 (b) If a judicial officer determines that the release under (a) of this section will 16 not reasonably ensure the appearance of the person or will pose a danger to the victim, 17 other persons, or the community, the officer shall impose the least restrictive condition 18 or conditions that will reasonably ensure the person's appearance and protect the 19 victim, other persons, and the community. In addition to conditions under (a) of this 20 section, the judicial officer may, singly or in combination, 21 (1) require the execution of an appearance bond in a specified amount 22 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 23 of the amount of the bond; 24 (2) require the execution of a bail bond with sufficient solvent sureties 25 or the deposit of cash; 26 (3) require the execution of a performance bond in a specified amount 27 of cash to be deposited in the registry of the court; 28 (4) place restrictions on the person's travel, association, or residence; 29 (5) order the person to refrain from possessing a deadly weapon on the 30 person or in the person's vehicle or residence; 31 (6) require the person to maintain employment or, if unemployed, 01 actively seek employment; 02 (7) require the person to notify the person's lawyer and the prosecuting 03 authority within two business days after any change in employment; 04 (8) require the person to avoid all contact with a victim, a potential 05 witness, or a codefendant; 06 (9) require the person to refrain from the consumption and possession 07 of alcoholic beverages; 08 (10) require the person to refrain from the use of a controlled substance 09 as defined by AS 11.71, unless prescribed by a licensed health care provider with 10 prescriptive authority; 11 (11) require the person to be physically inside the person's residence, 12 or in the residence of the person's third-party custodian, at time periods set by the 13 court; 14 (12) require the person to keep regular contact with a law enforcement 15 officer or agency; 16 (13) order the person to refrain from entering or remaining in premises 17 licensed under AS 04; 18 (14) place the person in the custody of an individual who agrees to 19 serve as a third-party custodian of the person as provided in AS 12.30.021; 20 (15) if the person is under the treatment of a licensed health care 21 provider, order the person to follow the provider's treatment recommendations; 22 (16) order the person to take medication that has been prescribed for 23 the person by a licensed health care provider with prescriptive authority; 24 (17) order the person to submit to electronic monitoring; 25 (18) order the person to submit to a pretrial risk assessment by the 26 Department of Corrections under AS 33.07; 27 (19) order the person to submit to supervision by a pretrial services 28 officer under AS 33.07, which may include the use of electronic monitoring if 29 determined necessary by the commissioner of corrections; 30 (20) order the person to comply with any other condition that is 31 reasonably necessary to ensure the appearance of the person and to ensure the safety 01 of the victim, other persons, and the community; and 02 (21) require the person to comply with a program established under 03 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 04 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 05 or a crime involving domestic violence. 06 (c) In determining the conditions of release under this chapter, the court shall 07 consider the following: 08 (1) the nature and circumstances of the offense charged; 09 (2) the weight of the evidence against the person; 10 (3) the nature and extent of the person's family ties and relationships; 11 (4) the person's employment status and history; 12 (5) the length and character of the person's past and present residence; 13 (6) the person's record of convictions and any pending criminal 14 charges; 15 (7) the person's record of appearance at court proceedings; 16 (8) assets available to the person to meet monetary conditions of 17 release; 18 (9) the person's reputation, character, and mental condition; 19 (10) the effect of the offense on the victim, any threats made to the 20 victim, and the danger that the person poses to the victim; 21 (11) any other facts that are relevant to the person's appearance or the 22 person's danger to the victim, other persons, or the community; and 23 (12) the pretrial risk assessment provided by a pretrial services officer. 24 (d) In making a finding regarding the release of a person under this chapter, 25 (1) except as otherwise provided in this chapter, the burden of proof is 26 on the prosecuting authority that a person charged with an offense should be detained 27 or released with conditions described in (b) of this section or AS 12.30.016; 28 (2) there is a rebuttable presumption that there is a substantial risk that 29 the person will not appear and the person poses a danger to the victim, other persons, 30 or the community, if the person is 31 (A) charged with an unclassified felony, a class A felony, a 01 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 02 (B) charged with a felony crime against a person under 03 AS 11.41, was previously convicted of a felony crime against a person under 04 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 05 five years have elapsed between the date of the person's unconditional 06 discharge on the immediately preceding offense and the commission of the 07 present offense; 08 (C) charged with a felony offense committed while the person 09 was on release under this chapter for a charge or conviction of another offense; 10 (D) charged with a crime involving domestic violence, and has 11 been convicted in the previous five years of a crime involving domestic 12 violence in this state or a similar offense in another jurisdiction; 13 (E) arrested in connection with an accusation that the person 14 committed a felony outside the state or is a fugitive from justice from another 15 jurisdiction, and the court is considering release under AS 12.70. 16 (e) If the supreme court establishes a schedule of bail amounts or conditions of 17 release for misdemeanor offenses, the schedule must include a condition providing 18 that a correctional facility shall, at the time of release, conduct a chemical test of the 19 breath of a person who has been arrested and who is intoxicated and shall detain the 20 person until the test result indicates that the person's breath has less than 0.08 grams of 21 alcohol for each 210 liters of breath or, with the consent of the person, release the 22 person to another person who is willing and able to provide care for the person. 23  * Sec. 51. AS 12.30.021(a) is amended to read: 24 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 25 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 26 RECORD,] that the appointment will, singly or in combination with other  27 conditions, 28 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 29 AVAILABLE IN THE PERSON'S LOCATION; 30 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 31 HAVE BEEN ORDERED; AND 01 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 02 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 03 the victim, other persons, and the community. 04  * Sec. 52. AS 12.30.021(c) is amended to read: 05 (c) A judicial officer may not appoint a person as a third-party custodian if 06 (1) the proposed custodian is acting as a third-party custodian for 07 another person; 08 (2) the proposed custodian has been unconditionally discharged  09 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a 10 crime under AS 11.41, or a similar crime in this or another jurisdiction; 11 (3) criminal charges are pending in this state or another jurisdiction 12 against the proposed custodian; 13 (4) the proposed custodian is on probation in this state or another 14 jurisdiction for an offense; 15 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 16 STATE WILL CALL] the proposed custodian may be called as a witness in the 17 prosecution of the person; 18 (6) the proposed custodian resides out of state; however, a nonresident 19 may serve as a custodian if the nonresident resides in the state while serving as 20 custodian. 21  * Sec. 53. AS 12.55.025(c) is amended to read: 22 (c) Except as provided in (d) of this section, when a defendant is sentenced to 23 imprisonment, the term of confinement commences on the date of imposition of 24 sentence unless the court specifically provides that the defendant must report to serve 25 the sentence on another date. If the court provides another date to begin the term of 26 confinement, the court shall provide the defendant with written notice of the date, 27 time, and location of the correctional facility to which the defendant must report. A 28 defendant shall receive credit for time spent in custody pending trial, sentencing, or 29 appeal, if the detention was in connection with the offense for which the sentence was 30 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 31 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 01 actual time spent in custody pending trial, sentencing, or appeal. The time during 02 which a defendant is voluntarily absent from official detention after the defendant has 03 been sentenced may not be credited toward service of the sentence. 04  * Sec. 54. AS 12.55.051(a) is amended to read: 05 (a) If the defendant defaults in the payment of a fine or any installment or of 06 restitution or any installment, the court may order the defendant to show cause why 07 the defendant should not be sentenced to imprisonment for nonpayment and, if the 08 payment was made a condition of the defendant's probation, may revoke the probation 09 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 10 contempt or probation revocation proceeding brought as a result of failure to pay a 11 fine or restitution, it is an affirmative defense that the defendant was unable to pay 12 despite having made continuing good faith efforts to pay the fine or restitution. If the 13 court finds that the defendant was unable to pay despite having made continuing good 14 faith efforts, the defendant may not be imprisoned solely because of the inability to 15 pay. If the court does not find that the default was attributable to the defendant's 16 inability to pay despite having made continuing good faith efforts to pay the fine or 17 restitution, the court may order the defendant imprisoned until the order of the court  18 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 19 imprisonment imposed under this section may not exceed one day for each $50 of the 20 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 21 be given toward satisfaction of the order of the court for every day a person is 22 incarcerated for nonpayment of a fine or restitution. 23  * Sec. 55. AS 12.55.090(c) is amended to read: 24 (c) The period of probation, together with any extension, may not exceed 25 (1) 25 [15] years for a felony sex offense; or 26 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 27 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION; 28 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 29 OR (2) OF THIS SUBSECTION; 30 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 31 (A) UNDER AS 11.41; 01 (B) THAT IS A CRIME INVOLVING DOMESTIC 02 VIOLENCE; OR 03 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 04 DEFINED IN AS 12.63.100; 05 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 06 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 07 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 08 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 09 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 10 THIS SUBSECTION]. 11  * Sec. 56. AS 12.55.090(g) is amended to read: 12 (g) A probation officer may [SHALL] recommend to the court that probation 13 be terminated and a defendant be discharged from probation if the defendant 14 (1) has completed at least 15 (A) two years on probation if the person was convicted of a 16 class A or class B felony that is not a crime under (4) [(5)] of this subsection; 17 or 18 (B) 18 months on probation if the person was convicted of a 19 crime that is not a crime 20 (i) under (A) of this paragraph; or 21 (ii) under (5) of this subsection; 22 (2) has completed all treatment programs required as a condition of 23 probation; 24 (3) [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS 25 OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED IN (1) OF 26 THIS SUBSECTION; 27 (4)] is currently in compliance with all conditions of probation for all 28 of the cases for which the person is on probation; and 29 (4) [(5)] has not been convicted of an unclassified felony offense, a 30 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as 31 defined in AS 18.66.990. 01  * Sec. 57. AS 12.55.110(c) is amended to read: 02 (c) If a defendant is serving a period of probation for an offense, the court may 03 find that the defendant has committed a technical violation of probation. If the court 04 finds that a defendant has committed a technical violation of probation that does not 05 include absconding, the court may reinstate the term of probation with appropriate 06 conditions or impose a sentence of imprisonment of not more than 07 (1) zero to three days for the first probation revocation; 08 (2) zero to 30 [FIVE] days for the second probation revocation; or  09 (3) [10 DAYS FOR THE THIRD PROBATION REVOCATION; OR 10 (4)] the remainder of the suspended portion of the sentence for a third 11 [FOURTH] or subsequent probation revocation. 12  * Sec. 58. AS 12.55.125(c) is amended to read: 13 (c) Except as provided in (i) of this section, a defendant convicted of a class A 14 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 15 and shall be sentenced to a definite term within the following presumptive ranges, 16 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 17 (1) if the offense is a first felony conviction and does not involve 18 circumstances described in (2) of this subsection, four [THREE] to seven [SIX] years; 19 (2) if the offense is a first felony conviction 20 (A) and the defendant 21 [(A)] possessed a firearm, used a dangerous instrument, or 22 caused serious physical injury or death during the commission of the offense, 23 [FIVE TO NINE YEARS;] or 24 [(B)] knowingly directed the conduct constituting the offense at 25 a uniformed or otherwise clearly identified peace officer, firefighter, 26 correctional employee, emergency medical technician, paramedic, ambulance 27 attendant, or other emergency responder who was engaged in the performance 28 of official duties at the time of the offense, seven to 11 years; 29 (B) and the conviction is for manufacturing related to  30 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if  31 (i) the manufacturing occurred in a building with  01 reckless disregard that the building was used as a permanent or  02 temporary home or place of lodging for one or more children  03 under 18 years of age or the building was a place frequented by  04 children; or  05 (ii) in the course of manufacturing or in preparation  06 for manufacturing, the defendant obtained the assistance of one or  07 more children under 18 years of age or one or more children were  08 present;  09 (3) if the offense is a second felony conviction, nine [EIGHT] to 13 10 [12] years; 11 (4) if the offense is a third felony conviction and the defendant is not 12 subject to sentencing under (l) of this section, 14 [13] to 20 years. 13  * Sec. 59. AS 12.55.125(d) is amended to read: 14 (d) Except as provided in (i) of this section, a defendant convicted of a class B 15 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 16 and shall be sentenced to a definite term within the following presumptive ranges, 17 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (1) if the offense is a first felony conviction and does not involve 19 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 20 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 21 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of  22 probation under AS 12.55.086, the defendant is required to serve an active term  23 of imprisonment within the range specified in this paragraph, unless the court  24 finds that a mitigation factor under AS 12.55.155 applies; 25 (2) if the offense is a first felony conviction, 26 (A) the defendant violated AS 11.41.130, and the victim was 27 [(A)] a child under 16 years of age, two to four years; [OR] 28 (B) two to four years if the conviction is for attempt,  29 solicitation, or conspiracy to manufacture related to methamphetamine  30 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and  31 (i) the attempted manufacturing occurred, or the  01 solicited or conspired offense was to have occurred, in a building  02 with reckless disregard that the building was used as a permanent  03 or temporary home or place of lodging for one or more children  04 under 18 years of age or the building was a place frequented by  05 children; or  06 (ii) in the course of an attempt to manufacture, the  07 defendant obtained the assistance of one or more children under 18  08 years of age or one or more children were present [WAS 16 YEARS 09 OF AGE OR OLDER, ONE TO THREE YEARS]; 10 (3) if the offense is a second felony conviction, two to six [FIVE] 11 years; 12 (4) if the offense is a third felony conviction, five [FOUR] to 10 years. 13  * Sec. 60. AS 12.55.125(i) is amended to read: 14 (i) A defendant convicted of 15 (1) sexual assault in the first degree, sexual abuse of a minor in the 16 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 17 sentenced to a definite term of imprisonment of not more than 99 years and shall be 18 sentenced to a definite term within the following presumptive ranges, subject to 19 adjustment as provided in AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, the offense does 21 not involve circumstances described in (B) of this paragraph, and the victim 22 was 23 (i) less than 13 years of age, 25 to 35 years; 24 (ii) 13 years of age or older, 20 to 30 years; 25 (B) if the offense is a first felony conviction and the defendant 26 possessed a firearm, used a dangerous instrument, or caused serious physical 27 injury during the commission of the offense, 25 to 35 years; 28 (C) if the offense is a second felony conviction and does not 29 involve circumstances described in (D) of this paragraph, 30 to 40 years; 30 (D) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 35 to 45 years; 01 (E) if the offense is a third felony conviction and the defendant 02 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 03 to 60 years; 04 (F) if the offense is a third felony conviction, the defendant is 05 not subject to sentencing under (l) of this section, and the defendant has two 06 prior convictions for sexual felonies, 99 years; 07 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), 08 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or 09 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the 10 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 11 sentenced to a definite term of imprisonment of not more than 99 years and shall be 12 sentenced to a definite term within the following presumptive ranges, subject to 13 adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) under 13 years of age, 20 to 30 years; 18 (ii) 13 years of age or older, 15 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 25 to 35 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 30 to 40 years; 26 (E) if the offense is a third felony conviction, the offense does 27 not involve circumstances described in (F) of this paragraph, and the defendant 28 is not subject to sentencing under (l) of this section, 35 to 50 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years; 01 (3) sexual assault in the second degree, sexual abuse of a minor in the 02 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful 03 exploitation of a minor under AS 11.41.455(c)(1), indecent viewing or production of  04 a picture under AS 11.61.123(f)(1), or distribution of child pornography under 05 AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more 06 than 99 years and shall be sentenced to a definite term within the following 07 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 08 (A) if the offense is a first felony conviction, five to 15 years; 09 (B) if the offense is a second felony conviction and does not 10 involve circumstances described in (C) of this paragraph, 10 to 25 years; 11 (C) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 15 to 30 years; 13 (D) if the offense is a third felony conviction and does not 14 involve circumstances described in (E) of this paragraph, 20 to 35 years; 15 (E) if the offense is a third felony conviction and the defendant 16 has two prior convictions for sexual felonies, 99 years; 17 (4) sexual assault in the third degree, sexual abuse of a minor in the  18 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree, 19 indecent viewing or production of a picture under AS 11.61.123(f)(2), possession 20 of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or 21 attempt, conspiracy, or solicitation to commit sexual assault in the second degree, 22 sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or 23 distribution of child pornography, may be sentenced to a definite term of 24 imprisonment of not more than 99 years and shall be sentenced to a definite term 25 within the following presumptive ranges, subject to adjustment as provided in 26 AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, two to 12 years; 28 (B) if the offense is a second felony conviction and does not 29 involve circumstances described in (C) of this paragraph, eight to 15 years; 30 (C) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 12 to 20 years; 01 (D) if the offense is a third felony conviction and does not 02 involve circumstances described in (E) of this paragraph, 15 to 25 years; 03 (E) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years. 05  * Sec. 61. AS 12.55.125(q) is amended to read: 06 (q) Other than for convictions subject to a mandatory 99-year sentence, the 07 court shall impose, in addition to an active term of imprisonment imposed under (i) of 08 this section, a minimum period of (1) suspended imprisonment of five years and a 09 minimum period of probation supervision of 15 years for conviction of an unclassified 10 felony, (2) suspended imprisonment of three years and a minimum period of probation 11 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 12 imprisonment of two years and a minimum period of probation supervision of five 13 years for conviction of a class C felony. The period of probation is in addition to any 14 sentence received under (i) of this section and may not be suspended or reduced.  15 Upon a defendant's release from confinement in a correctional facility, the  16 defendant is subject to the probation requirement under this subsection and shall  17 submit and comply with the terms and requirements of the probation. 18  * Sec. 62. AS 12.55.135(a) is amended to read: 19 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 20 definite term of imprisonment of not more than 21 [(1)] one year [, IF THE 22 (A) CONVICTION IS FOR A CRIME WITH A 23 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 24 IMPRISONMENT; 25 (B) TRIER OF FACT FINDS THE AGGRAVATING 26 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 27 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 28 DEFINITION OF THE OFFENSE; 29 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 30 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 31 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 01 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 02 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 03 DEGREE UNDER AS 11.41.230; OR 04 (E) CONVICTION IS FOR A VIOLATION OF 05 (i) AS 11.41.427; 06 (ii) AS 11.41.440; 07 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 08 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; 09 (iv) AS 11.61.116(c)(2); OR 10 (v) AS 11.61.118(a)(2); 11 (2) 30 DAYS]. 12  * Sec. 63. AS 12.55.135(b) is amended to read: 13 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 14 definite term of imprisonment of not more than 15 (1) 30 [10] days unless otherwise specified in the provision of law 16 defining the offense or in this section; 17 (2) 90 days if the conviction is for a violation of 18 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 19 older; [OR] 20 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 21 older; or 22 (C) AS 11.61.220(a)(4)(B) or (C). 23  * Sec. 64. AS 12.55.145(a) is amended to read: 24 (a) For purposes of considering prior convictions in imposing sentence under 25 (1) AS 12.55.125(c), (d), or (e), 26 (A) a prior conviction may not be considered if a period of 10 27 or more years has elapsed between the date of the defendant's unconditional 28 discharge on the immediately preceding offense and commission of the present 29 offense unless the prior conviction was for an unclassified or class A felony; 30 (B) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a felony defined as such under Alaska law 01 at the time the offense was committed is considered a prior felony conviction; 02 (C) two or more convictions arising out of a single, continuous 03 criminal episode during which there was no substantial change in the nature of 04 the criminal objective are considered a single conviction unless the defendant 05 was sentenced to consecutive sentences for the crimes; offenses committed 06 while attempting to escape or avoid detection or apprehension after the 07 commission of another offense are not part of the same criminal episode or 08 objective; 09 (2) AS 12.55.125(l), 10 (A) a conviction in this or another jurisdiction of an offense 11 having elements similar to those of a most serious felony is considered a prior 12 most serious felony conviction; 13 (B) commission of and conviction for offenses relied on as 14 prior most serious felony offenses must occur in the following order: 15 conviction for the first offense must occur before commission of the second 16 offense, and conviction for the second offense must occur before commission 17 of the offense for which the defendant is being sentenced; 18 (3) AS 12.55.135(g), 19 (A) a prior conviction may not be considered if a period of five 20 or more years has elapsed between the date of the defendant's unconditional 21 discharge on the immediately preceding offense and commission of the present 22 offense unless the prior conviction was for an unclassified or class A felony; 23 (B) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a crime against a person or a crime 25 involving domestic violence is considered a prior conviction; 26 (C) two or more convictions arising out of a single, continuous 27 criminal episode during which there was no substantial change in the nature of 28 the criminal objective are considered a single conviction unless the defendant 29 was sentenced to consecutive sentences for the crimes; offenses committed 30 while attempting to escape or avoid detection or apprehension after the 31 commission of another offense are not part of the same criminal episode or 01 objective; 02 (4) AS 12.55.125(i), 03 (A) a conviction in this or another jurisdiction of an offense 04 having elements similar to those of a sexual felony is a prior conviction for a 05 sexual felony; 06 (B) a felony conviction in another jurisdiction making it a 07 crime to commit any lewd and lascivious act on [UPON] a child under the age 08 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual 09 desires of the defendant or the victim is a prior conviction for a sexual felony; 10 (C) two or more convictions arising out of a single, continuous 11 criminal episode during which there was no substantial change in the nature of 12 the criminal objective are considered a single conviction unless the defendant 13 was sentenced to consecutive sentences for the crimes; offenses committed 14 while attempting to escape or avoid detection or apprehension after the 15 commission of another offense are not part of the same criminal episode or 16 objective; 17 (D) a conviction in this or another jurisdiction of an offense  18 having elements similar to those of a felony defined as such under Alaska  19 law at the time the offense was committed is considered a prior felony  20 conviction  21 [(5) AS 12.55.135(a), 22 (A) A PRIOR CONVICTION MAY NOT BE CONSIDERED 23 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN 24 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE 25 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION 26 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS 27 FOR AN UNCLASSIFIED OR CLASS A FELONY; 28 (B) A CONVICTION IN THIS OR ANOTHER 29 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO 30 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH 31 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS 01 COMMITTED IS CONSIDERED A PRIOR CONVICTION; 02 (C) TWO OR MORE CONVICTIONS ARISING OUT OF A 03 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE 04 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE 05 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION 06 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE 07 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE 08 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR 09 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE 10 ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE]. 11  * Sec. 65. AS 12.55.185(10) is amended to read: 12 (10) "most serious felony" means 13 (A) arson in the first degree, sex trafficking in the first degree 14 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 15 AS 11.41.452(e), or any unclassified or class A felony prescribed under 16 AS 11.41; or 17 (B) an attempt, or conspiracy to commit, or criminal 18 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 19 AS 11.41; 20  * Sec. 66. AS 12.55.185(16) is amended to read: 21 (16) "sexual felony" means sexual assault in the first degree, sexual 22 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 23 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a  24 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 25 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 26 distribution of child pornography, sexual assault in the third degree, incest, indecent 27 exposure in the first degree, possession of child pornography, [ONLINE] enticement 28 of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes; 29  * Sec. 67. AS 12.63.010(d) is amended to read:  30 (d) A sex offender or child kidnapper required to register 31 (1) for 15 years under (a) of this section and AS 12.63.020 01 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 02 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 03 kidnapper's initial registration, provide written verification to the department, in the 04 manner required by the department, of the sex offender's or child kidnapper's address 05 and notice of any changes to the information previously provided under (b)(1) of this 06 section; 07 (2) for life under (a) of this section and AS 12.63.020 08 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 09 provide written verification to the department, in the manner required by the 10 department, of the sex offender's or child kidnapper's address and any changes to the 11 information previously provided under (b)(1) of this section. 12  * Sec. 68. AS 12.63.020 is amended to read: 13 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to  14 register. (a) The duty of a sex offender or child kidnapper to comply with the 15 requirements of AS 12.63.010 is as follows:  16 (1) for a sex offender or child kidnapper, as that term is defined in  17 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty  18 (A) [(1)] continues for the lifetime of a sex offender or child 19 kidnapper convicted of 20 (i) [(A)] one aggravated sex offense; or 21 (ii) [(B)] two or more sex offenses, two or more child 22 kidnappings, or one sex offense and one child kidnapping; for purposes 23 of this section, a person convicted of indecent exposure before a person 24 under 16 years of age under AS 11.41.460 more than two times has 25 been convicted of two or more sex offenses; 26 (B) [(2)] ends 15 years following the sex offender's or child 27 kidnapper's unconditional discharge from a conviction for a single sex offense 28 that is not an aggravated sex offense or for a single child kidnapping if the sex 29 offender or child kidnapper has supplied proof that is acceptable to the 30 department of the unconditional discharge; the registration period under this 31 subparagraph 01 (i) [PARAGRAPH (A)] is tolled for each year that a 02 sex offender or child kidnapper [(i)] fails to comply with the 03 requirements of this chapter or [; (ii)] is incarcerated for the offense or 04 kidnapping for which the offender or kidnapper is required to register 05 or for any other offense; 06 (ii) [(B)] may include the time a sex offender or child 07 kidnapper was absent from this state if the sex offender or child 08 kidnapper has complied with any sex offender or child kidnapper 09 registration requirements of the jurisdiction in which the offender or 10 kidnapper was located and if the sex offender or child kidnapper 11 provides the department with proof of the compliance while the sex 12 offender or child kidnapper was absent from this state; and 13 (iii) [(C)] continues for a sex offender or child 14 kidnapper who has not supplied proof acceptable to the department of 15 the offender's or kidnapper's unconditional discharge for the sex 16 offense or child kidnapping requiring registration;  17 (2) for a sex offender or child kidnapper, as that term is defined in  18 AS 12.63.100(6)(B), the duty continues for the period determined by the  19 department under (b) of this section. 20 (b) The department shall adopt, by regulation, 21 (1) procedures to notify a sex offender or child kidnapper 22 (A) who, on the registration form under AS 12.63.010, lists a 23 conviction for a sex offense or child kidnapping that is a violation of a former 24 law of this state or a law of another jurisdiction, of the duration of the 25 offender's or kidnapper's duty under (a) of this section for that sex offense or 26 child kidnapping;  27 (B) as that term is defined in AS 12.63.100(6)(B), of the  28 duration of the sex offender or child kidnapper's duty under (a) of this  29 section; in adopting regulations under this subparagraph, the department  30 shall  31 (i) consider the period of registration required in the  01 other jurisdiction; and  02 (ii) provide for tolling of the registration period if  03 the sex offender or child kidnapper fails to comply with the  04 requirements of this chapter or is incarcerated;  05 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 06 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 07 proof acceptable to the department of unconditional discharge and the date it occurred. 08  * Sec. 69. AS 12.63.100(6) is amended to read: 09 (6) "sex offender or child kidnapper" means 10 (A) a person convicted of a sex offense or child kidnapping in 11 this state or another jurisdiction regardless of whether the conviction occurred 12 before, after, or on January 1, 1999; or  13 (B) a person charged and convicted as an adult of an  14 offense that requires registration as a sex offender or child kidnapper in  15 another jurisdiction;  16  * Sec. 70. AS 12.63.100(7) is amended to read: 17 (7) "sex offense" means 18 (A) a crime under AS 11.41.100(a)(3), or a similar law of 19 another jurisdiction, in which the person committed or attempted to commit a 20 sexual offense, or a similar offense under the laws of the other jurisdiction; in 21 this subparagraph, "sexual offense" has the meaning given in 22 AS 11.41.100(a)(3); 23 (B) a crime under AS 11.41.110(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit 25 one of the following crimes, or a similar law of another jurisdiction: 26 (i) sexual assault in the first degree; 27 (ii) sexual assault in the second degree; 28 (iii) sexual abuse of a minor in the first degree; or 29 (iv) sexual abuse of a minor in the second degree; 30 (C) a crime, or an attempt, solicitation, or conspiracy to commit 31 a crime, under the following statutes or a similar law of another jurisdiction: 01 (i) AS 11.41.410 - 11.41.438; 02 (ii) AS 11.41.440(a)(2); 03 (iii) AS 11.41.450 - 11.41.458; 04 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 05 exposure is before a person under 16 years of age and the offender has 06 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 07 (v) AS 11.61.125 - 11.61.128; 08 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 09 AS 26.05.900(b) if the person who was induced or caused to engage in 10 prostitution was under 20 years of age at the time of the offense; 11 (vii) former AS 11.15.120, former 11.15.134, or assault 12 with the intent to commit rape under former AS 11.15.160, former 13 AS 11.40.110, or former 11.40.200; 14 (viii) AS 11.61.118(a)(2) if the offender has a previous 15 conviction for that offense; 16 (ix) AS 11.66.100(a)(2) if the offender is subject to 17 punishment under AS 11.66.100(e); 18 (x) AS 26.05.890 if the person engaged in sexual 19 penetration or sexual contact with the victim; 20 (xi) AS 26.05.890 if, at the time of the offense, the 21 victim is under a duty to obey the lawful orders of the offender, 22 regardless of whether the offender is in the direct chain of command 23 over the victim; 24 (xii) AS 26.05.893 if the person engaged in sexual 25 penetration or sexual contact with the victim; 26 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 27 years of age at the time of the offense; [OR] 28 (xiv) AS 26.05.900 if, at the time of the offense, the 29 victim is under a duty to obey the lawful orders of the offender, 30 regardless of whether the offender is in the direct chain of command 31 over the victim; or 01 (xv) AS 11.61.123 if the offender is subject to  02 punishment under AS 11.61.123(f)(1) or (2); 03 (D) an offense, or an attempt, solicitation, or conspiracy to 04 commit an offense, under AS 26.05.935(b), or a similar law of another 05 jurisdiction, if the member of the militia commits one of the following 06 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 07 Code of Military Justice): 08 (i) child pornography; or 09 (ii) pandering and prostitution if the person who is 10 induced, enticed, caused, or procured to engage in a sexual act is under 11 20 years of age at the time of the offense; or  12 (E) an offense in which the person is required to register as  13 a sex offender under the laws of another jurisdiction;  14 * Sec. 71. AS 28.15.291(b) is amended to read: 15 (b) Driving while license canceled, suspended, revoked, or in violation of a 16 limitation is 17 [(1)] a class A misdemeanor [IF THE PERSON VIOLATES (a)(1) OF 18 THIS SECTION]; upon conviction, the court shall impose a minimum sentence of 19 imprisonment of not less than 10 days 20 (1) [(A)] with 10 days suspended if the person has not been previously 21 convicted under (a) [(a)(1)] of this section or a similar law of another jurisdiction; or 22 (2) [(B)] if the person has been previously convicted under (a) [(a)(1)] 23 of this section or a similar law in another jurisdiction [; 24 (2) AN INFRACTION IF THE PERSON VIOLATES (a)(2) OR (3) 25 OF THIS SECTION]. 26  * Sec. 72. AS 28.35.030(o) is amended to read: 27 (o) Upon request, the department shall review a driver's license revocation 28 imposed under (n)(3) of this section and, unless the revocation was ordered in a  29 case in which the person was also convicted of a crime under AS 11.41.100 -  30 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, 31 (1) may restore the driver's license if 01 (A) the license has been revoked for a period of at least 10 02 years; 03 (B) the person has not been convicted of a [DRIVING- 04 RELATED] criminal offense in the 10 years preceding the request for  05 restoration of [SINCE] the license [WAS REVOKED]; and 06 (C) the person provides proof of financial responsibility; 07 (2) shall restore the driver's license if 08 (A) the person has been granted limited license privileges 09 under AS 28.15.201(g) and has successfully driven under that limited license 10 for three years without having the limited license privileges revoked; 11 (B) the person has successfully completed a court-ordered 12 treatment program under AS 28.35.028 or a rehabilitative treatment program 13 under AS 28.15.201(h); 14 (C) the person has not been convicted of a violation of 15 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 16 jurisdiction since the license was revoked; 17 (D) the person is otherwise eligible to have the person's driving 18 privileges restored as provided in AS 28.15.211; in an application under this 19 subsection, a person whose license was revoked for a violation of 20 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 21 required under AS 28.35.030(h) or 28.35.032(l); and 22 (E) the person provides proof of financial responsibility. 23  * Sec. 73. AS 28.35.032(q) is amended to read: 24 (q) Upon request, the department shall review a driver's license revocation 25 imposed under (p)(3) of this section and, unless the revocation was ordered in a  26 case in which the person was also convicted of a crime under AS 11.41.100 -  27 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may 28 restore the driver's license if 29 (1) the license has been revoked for a period of at least 10 years; 30 (2) the person has not been convicted of a criminal offense in the 10  31 years preceding the request for restoration of [SINCE] the license [WAS 01 REVOKED]; and 02 (3) the person provides proof of financial responsibility. 03  * Sec. 74. AS 33.05.020(h) is amended to read: 04 (h) The commissioner shall establish by regulation a program allowing 05 probationers to earn credits for complying with the conditions of probation. The 06 credits earned reduce the period of probation. Nothing in this subsection prohibits the 07 department from recommending to the court the early discharge of the probationer as 08 provided in AS 33.30. At a minimum, the regulations must 09 (1) require that a probationer earn a credit of 10 [30] days for each 30- 10 day period served in which the defendant complied with the conditions of probation; 11 (2) include policies and procedures for 12 (A) calculating and tracking credits earned by probationers; 13 (B) reducing the probationer's period of probation based on 14 credits earned by the probationer; and 15 (C) notifying a victim under AS 33.30.013; 16 (3) require that a probationer convicted of a sex offense as defined in 17 AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 18 complete all treatment programs required as a condition of probation before discharge 19 based on credits earned under this subsection. 20  * Sec. 75. AS 33.05.020 is amended by adding a new subsection to read: 21 (i) A probationer may not be enrolled in the program established under (h) of 22 this section if the probationer is on probation for 23 (1) an unclassified felony; 24 (2) a sex offense as defined in AS 12.63.100; 25 (3) a felony crime against a person under AS 11.41; 26 (4) a crime involving domestic violence, as defined in AS 18.66.990, 27 that is an offense under AS 11.41. 28  * Sec. 76. AS 33.05.040(a) is amended to read: 29 (a) A probation officer shall 30 (1) furnish to each probationer under the supervision of the officer a 31 written statement of the conditions of probation and shall instruct the probationer 01 regarding the same; 02 (2) keep informed concerning the conduct and condition of each 03 probationer under the supervision of the officer and shall report on the probationer to 04 the court placing that person on probation; 05 (3) use all suitable methods, not inconsistent with the conditions 06 imposed by the court, to aid probationers and to bring about improvements in their 07 conduct and condition; 08 (4) keep records of the probation work, including administrative 09 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep 10 accurate and complete accounts of all money collected from persons under the 11 supervision of the officer, give receipts for money collected and make at least monthly 12 returns of it, make the reports to the court and the commissioner required by them, and 13 perform other duties the court may direct; 14 (5) perform duties with respect to persons on parole as the 15 commissioner shall request, and in that service shall be termed a parole officer; 16 (6) use administrative sanctions and incentives developed under 17 AS 33.05.020(g) to respond to a probationer's negative and positive behavior, 18 including responses to technical violations of conditions of probation, in a way that is 19 intended to interrupt negative behavior in a swift, certain, and proportional manner 20 and support progress with a recognition of positive behavior; 21 (7) upon determining that a probationer under the supervision of the 22 officer meets the requirements of AS 12.55.090(g), consider recommending 23 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be 24 terminated and the probationer be discharged from probation; 25 (8) for each probationer who owes restitution and who is under the 26 supervision of the officer, create a restitution payment schedule based on the 27 probationer's income and ability to pay if the court has not already set a restitution 28 payment schedule; 29 (9) accommodate the diligent efforts of each probationer to secure and 30 maintain steady employment or to participate in educational courses or training 31 programs when prescribing the times at which a probationer shall report; 01 (10) permit each probationer to travel in the state to make diligent 02 efforts to secure and maintain steady employment or to participate in educational 03 courses or training programs if the travel is not inconsistent with other terms and 04 conditions of probation; 05 (11) report on the probationer by making a recommendation to  06 the court to revoke probation or to maintain existing probation conditions when  07 a petition to revoke probation is filed. 08  * Sec. 77. AS 33.16.060(a) is amended to read: 09 (a) The board shall 10 (1) serve as the parole authority for the state; 11 (2) consider the suitability for parole of a prisoner who is eligible for 12 discretionary parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST 13 DATE OF ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S 14 APPLICATION FOR] special medical parole if  15 (A) the prisoner had no disciplinary action imposed during  16 incarceration; or  17 (B) the prisoner had disciplinary action imposed during  18 incarceration and the prisoner filed an application with the board for  19 discretionary or special medical parole; 20 (3) impose parole conditions on all prisoners released under special 21 medical, discretionary, or mandatory parole; 22 (4) under AS 33.16.210, discharge a person from parole when custody 23 is no longer required; 24 (5) maintain records of the meetings and proceedings of the board; 25 (6) recommend to the governor and the legislature changes in the law 26 administered by the board; 27 (7) recommend to the governor or the commissioner changes in the 28 practices of the department and of other departments of the executive branch 29 necessary to facilitate the purposes and practices of parole; 30 (8) upon request of the governor, review and recommend applicants 31 for executive clemency; and 01 (9) execute other responsibilities prescribed by law. 02  * Sec. 78. AS 33.16.090(a) is amended to read: 03 (a) A prisoner sentenced to an active term of imprisonment of at least 181 04 days may, in the discretion of the board, be released on discretionary parole if the 05 prisoner 06 (1) has served the amount of time specified under (b) of this section, 07 except that 08 (A) a prisoner sentenced to one or more mandatory 99-year 09 terms under AS 12.55.125(a) or one or more definite terms under 10 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 11 (B) a prisoner is not eligible for consideration of discretionary 12 parole if the prisoner is  13 (i) made ineligible by order of a court under 14 AS 12.55.115;  15 (ii) serving a sentence for a sexual felony as defined  16 in AS 12.55.185;  17 (iii) serving a sentence for a class A felony conviction  18 and has previously been convicted of a felony offense;  19 (iv) serving a sentence for a class B felony conviction  20 and has two or more prior felony convictions; or  21 (v) serving a sentence for a class C felony conviction  22 and has three or more prior felony convictions; 23 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 24 for discretionary parole unless the actual term of imprisonment is more than 25 one year; 26 (D) a prisoner sentenced to a single sentence within or  27 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3)  28 and (4), or (i) who has not been allowed by the three-judge panel under  29 AS 12.55.175 to be considered for discretionary parole release is not  30 eligible for consideration of discretionary parole;  31 (E) a prisoner sentenced to a single sentence, including a  01 consecutive or partially consecutive sentence, that is not eligible for a good  02 time deduction under AS 33.20.010(a)(3) and that has not been allowed by  03 the three-judge panel under AS 12.55.175 to be considered for  04 discretionary parole release is not eligible for consideration of  05 discretionary parole; or 06 (2) is at least 60 years of age, has served at least 10 years of a sentence 07 for one or more crimes in a single judgment, and has not been convicted of an 08 unclassified felony or a sexual felony as defined in AS 12.55.185. 09  * Sec. 79. AS 33.16.090(b) is amended to read: 10 (b) A prisoner eligible under (a)(1) 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), and has not been allowed by the three-judge panel under 17 AS 12.55.175 to be considered for discretionary parole release, may not be released on 18 discretionary parole until the prisoner has served the term imposed, less good time 19 earned under AS 33.20.010; 20 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and  21 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 22 AS 12.55.175 to be considered for discretionary parole release during the second half 23 of the sentence, may not be released on discretionary parole until 24 (A) the prisoner has served that portion of the active term of 25 imprisonment required by the three-judge panel; and 26 (B) in addition to the factors set out in AS 33.16.100(a), the 27 board determines that 28 (i) the prisoner has successfully completed all 29 rehabilitation programs ordered by the three-judge panel that were 30 made available to the prisoner; and 31 (ii) the prisoner would not constitute a danger to the 01 public if released on parole; 02 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 03 the applicable presumptive range may not be released on discretionary parole until the 04 prisoner has served the greater of the following: 05 (A) an amount of time, less good time earned under 06 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 07 of the amount of time above the presumptive range; or 08 (B) any term set under AS 12.55.115; 09 (5) to a single sentence under any other provision of law may not be 10 released on discretionary parole until the prisoner has served at least one-fourth of the 11 active term of imprisonment, any mandatory minimum sentence imposed under any 12 provision of law, or any term set under AS 12.55.115, whichever is greatest; 13 (6) to concurrent sentences may not be released on discretionary parole 14 until the prisoner has served the greatest of 15 (A) any mandatory minimum sentence or sentences imposed 16 under any provision of law; 17 (B) any term set under AS 12.55.115; or 18 (C) the amount of time that is required to be served under (1) - 19 (5) or (8) of this subsection for the sentence imposed for the primary crime, 20 had that been the only sentence imposed; 21 (7) to consecutive or partially consecutive sentences may not be 22 released on discretionary parole until the prisoner has served the greatest of 23 (A) the composite total of any mandatory minimum sentence or 24 sentences imposed under any provision of law, including AS 12.55.127; 25 (B) any term set under AS 12.55.115; or 26 (C) the amount of time that is required to be served under (1) - 27 (5) or (8) of this subsection for the sentence imposed for the primary crime, 28 had that been the only sentence imposed, plus one-quarter of the composite 29 total of the active term of imprisonment imposed as consecutive or partially 30 consecutive sentences imposed for all crimes other than the primary crime; 31 (8) to a single sentence under AS 12.55.125(d) for an offense under  01 AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by 02 the three-judge panel under AS 12.55.175 to be considered for discretionary parole 03 release, may not be released on discretionary parole until the prisoner has served one- 04 third [, AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER 05 AS 33.20.010, ONE-HALF] of the active term of imprisonment imposed. 06  * Sec. 80. 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. 81. AS 33.16.100 is amended by adding a new subsection to read: 20 (h) If the board considers an application for discretionary parole and denies 21 parole because the prisoner does not meet the standards in (a) or (g) of this section, the 22 board may make the prisoner ineligible for further consideration of discretionary 23 parole or require that additional time be served before the prisoner is again eligible for 24 consideration for discretionary parole. 25  * Sec. 82. AS 33.16.130(a) is repealed and reenacted to read: 26 (a) A prisoner eligible for discretionary parole may apply to the board for 27 discretionary parole. As part of the application for parole, the prisoner shall submit to 28 the board a parole release plan that includes information concerning the prisoner's plan 29 for employment, residence, and rehabilitation if released on parole. 30  * Sec. 83. AS 33.16.130(b) is amended to read: 31 (b) Before the board determines a prisoner's suitability for discretionary  01 parole, the prisoner is entitled to a hearing before the board. The 02 [COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL FURNISH 03 TO THE] prisoner shall be furnished a copy of the preparole reports listed in 04 AS 33.16.110(a), and the prisoner shall be permitted access to all records that the 05 board will consider in making its decision except those that are made confidential by 06 law. The prisoner may also respond in writing to all materials the board considers, be 07 present at the hearing, and present evidence to the board. 08 * Sec. 84. AS 33.16.210(c) is amended to read: 09 (c) A parole officer may [SHALL] recommend to the board early discharge 10 for a parolee who 11 (1) has completed at least one year on parole; 12 (2) has completed all treatment programs required as a condition of 13 parole; 14 (3) is currently in compliance with all conditions of parole for all  15 of the cases for which the person is on parole and has not been found in violation of 16 conditions of parole by the board for at least one year; and 17 (4) has not been convicted of 18 (A) an unclassified felony offense under AS 11; 19 (B) a sexual felony as defined in AS 12.55.185; or 20 (C) a crime involving domestic violence as defined in 21 AS 18.66.990. 22  * Sec. 85. AS 33.16.215(a) is amended to read: 23 (a) If a parolee is serving a period of parole for an offense, the board may find 24 that the parolee has committed a technical violation of parole. If the board finds that a 25 parolee has committed a technical violation of parole that does not include 26 absconding, the board may reinstate the term of parole with appropriate conditions or 27 revoke parole and impose a term of imprisonment of not more than 28 (1) zero to three [THREE] days for the first parole revocation; 29 (2) zero to 30 [FIVE] days for the second parole revocation; and 30 (3) [10 DAYS FOR THE THIRD PAROLE REVOCATION; AND] 31 the remainder of the sentence for a third [FOURTH] or subsequent parole revocation. 01  * Sec. 86. AS 33.16.220(b) is amended to read: 02 (b) Except as provided in (e) of this section, within 15 working days after the 03 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 04 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 05 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 06 designee shall determine if there is probable cause to believe that the parolee violated 07 the conditions of parole and, when probable cause exists, whether the parolee should 08 be released pending a final revocation hearing. A finding of probable cause at a 09 preliminary hearing in a criminal case is conclusive proof of probable cause that a 10 parole violation occurred. 11  * Sec. 87. AS 33.16.220(i) is amended to read: 12 (i) If, after the final revocation hearing, the board finds that the parolee has 13 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 14 ordinance, the board may revoke all or a portion of the remaining period of parole 15 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 16 of parole. A parolee's period of parole is tolled from the date of filing with the parole 17 board of a violation report until the date of the final revocation hearing [FOR 18 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 19 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 20 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 21 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 22 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 23 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 24 TOLLED AS DESCRIBED IN THIS SECTION]. 25  * Sec. 88. AS 33.16.270 is amended to read: 26 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 27 by regulation a program allowing parolees to earn credits for complying with the 28 conditions of parole. The earned compliance credits reduce the period of parole. 29 Nothing in this section prohibits the department from recommending to the board the 30 early discharge of the parolee as provided in this chapter. At a minimum, the 31 regulations must 01 (1) require that a parolee earn a credit of 10 [30] days for each 30-day 02 period served in which the parolee complied with the conditions of parole; 03 (2) include policies and procedures for 04 (A) calculating and tracking credits earned by parolees; 05 (B) reducing the parolee's period of parole based on credits 06 earned by the parolee and notifying a victim under AS 33.30.013; 07 (3) require that a parolee convicted of a sex offense as defined in 08 AS 12.63.100 or a crime involving domestic violence complete all treatment programs 09 required as a condition of parole before discharge based on credits earned under this 10 section. 11  * Sec. 89. AS 33.16.270 is amended by adding a new subsection to read: 12 (b) A parolee may not earn credits under (a) of this section if the parolee is on 13 parole for 14 (1) an unclassified felony; 15 (2) a sex offense as defined in AS 12.63.100; 16 (3) a felony crime against a person under AS 11.41; 17 (4) a crime involving domestic violence, as defined in AS 18.66.990, 18 that is an offense under AS 11.41. 19  * Sec. 90. AS 33.30.011(a) is amended to read: 20 (a) The commissioner shall 21 (1) establish, maintain, operate, and control correctional facilities 22 suitable for the custody, care, and discipline of persons charged or convicted of 23 offenses against the state or held under authority of state law; each correctional facility 24 operated by the state shall be established, maintained, operated, and controlled in a 25 manner that is consistent with AS 33.30.015; 26 (2) classify prisoners; 27 (3) for persons committed to the custody of the commissioner, 28 establish programs, including furlough programs that are reasonably calculated to 29 (A) protect the public and the victims of crimes committed by 30 prisoners; 31 (B) maintain health; 01 (C) create or improve occupational skills; 02 (D) enhance educational qualifications; 03 (E) support court-ordered restitution; and 04 (F) otherwise provide for the rehabilitation and reformation of 05 prisoners, facilitating their reintegration into society; 06 (4) provide necessary 07 (A) medical services for prisoners in correctional facilities or 08 who are committed by a court to the custody of the commissioner, including 09 examinations for communicable and infectious diseases; 10 (B) psychological or psychiatric treatment if a physician or 11 other health care provider, exercising ordinary skill and care at the time of 12 observation, concludes that 13 (i) a prisoner exhibits symptoms of a serious disease or 14 injury that is curable or may be substantially alleviated; and 15 (ii) the potential for harm to the prisoner by reason of 16 delay or denial of care is substantial; and 17 (C) assessment or screening of the risks and needs of offenders 18 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 19 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 20 disorder; 21 (5) establish minimum standards for sex offender treatment programs 22 offered to persons who are committed to the custody of the commissioner; 23 (6) provide for fingerprinting in correctional facilities in accordance 24 with AS 12.80.060; 25 (7) establish a program to conduct assessments of the risks and needs 26 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND 27 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 28 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST 29 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING 30 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a 31 requirement for an assessment before a prisoner's release on parole, furlough, or 01 electronic monitoring from a correctional facility; 02 (8) establish a procedure that provides for each prisoner required to 03 serve an active term of imprisonment of 90 [30] days or more a written case plan that 04 (A) takes effect and is provided to the prisoner within 90 days 05 after sentencing; 06 (B) is based on the results of the assessment of the prisoner's 07 risks and needs under (7) of this subsection; 08 (C) includes a requirement to follow the rules of the institution; 09 (D) is modified when necessary for changes in classification, 10 housing status, medical or mental health, and resource availability; 11 (E) includes participation in programming that addresses the 12 needs identified in the assessment; 13 (9) establish a program to begin reentry planning with each prisoner 14 serving an active term of imprisonment of 90 days or more; reentry planning must 15 begin at least 90 days before release on furlough or probation or parole; the reentry 16 program must include 17 (A) a written reentry plan for each prisoner completed upon 18 release on furlough or probation or parole that includes information on the 19 prisoner's proposed 20 (i) residence; 21 (ii) employment or alternative means of support; 22 (iii) treatment options; 23 (iv) counseling services; 24 (v) education or job training services; 25 (B) any other requirements for successful transition back to the 26 community, including electronic monitoring or furlough for the period between 27 a scheduled parole hearing and parole eligibility; 28 (C) coordination with the Department of Labor and Workforce 29 Development to provide access, after release, to job training and employment 30 assistance; and  31 (D) coordination with community reentry coalitions or  01 other providers of reentry services if available;  02 (10) for offenders under electronic monitoring, establish 03 (A) minimum standards for electronic monitoring, which may 04 include the requirement of active, real-time monitoring using global 05 positioning systems; and 06 (B) procedures for oversight and approving electronic 07 monitoring programs and systems provided by private contractors; [AND] 08 (11) assist a prisoner in obtaining a valid state identification card if the 09 prisoner does not have a valid state identification card before the prisoner's release; the 10 department shall pay the application fee for the identification card; and 11 (12) provide to the legislature, by electronic means, by January 10  12 preceding the first regular session of each legislature, a report summarizing the  13 findings and results of the program established under (7) of this subsection; the  14 report must include  15 (A) the number of prisoners who were provided with  16 written case plans under (8) of this subsection;  17 (B) the number of written case plans under (8) of this  18 subsection initiated within the preceding year; and  19 (C) the number of written case plans under (8) of this  20 subsection that were updated in the preceding year. 21  * Sec. 91. AS 34.03.360(7) is amended to read: 22 (7) "illegal activity involving a controlled substance" means a violation 23 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1), 24 (2), or (5); 25  * Sec. 92. AS 44.41 is amended by adding a new section to read: 26 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement 27 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall 28 (1) within 30 days after the agency collects the sexual assault 29 examination kit, send the sexual assault examination kit to an accredited laboratory in 30 coordination with the Department of Public Safety or a laboratory operated by the 31 Department of Public Safety; 01 (2) ensure that the laboratory to which the sexual assault examination 02 kit is sent under (1) of this subsection conducts a serological or DNA test on the 03 sexual assault examination kit within one year after the laboratory receives the sexual 04 assault examination kit; and 05 (3) within two weeks after the laboratory that receives the sexual 06 assault examination kit under (1) of this subsection completes serological or DNA 07 testing, make a reasonable effort to notify the victim from whom the sexual assault 08 examination kit was collected that the sexual assault examination kit has been tested. 09 (b) A criminal action may not be dismissed nor the evidence deemed 10 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of 11 this section. 12 (c) If a case is resolved before a sexual assault examination kit is tested, a law 13 enforcement agency is not required to meet the time limits established in (a) of this 14 section. 15 (d) In this section, 16 (1) "law enforcement agency" and "agency" have the meaning given to 17 "law enforcement agency" in AS 12.36.090; 18 (2) "victim" has the meaning given in AS 11.41.470. 19  * Sec. 93. AS 44.41.070(a) is amended to read: 20 (a) By September 1 of each year, each law enforcement agency and state 21 department charged with the maintenance, storage, and preservation of sexual assault 22 examination kits shall conduct an inventory of untested sexual assault examination kits 23 and report, in writing, to the Department of Public Safety the number of untested 24 sexual assault examination kits in the possession of the agency or department, the  25 number of sexual assault examination kits that the law enforcement agency or  26 state department has determined are ineligible for testing under (e) of this  27 section, with the reason or reasons the untested sexual assault examination kits  28 were determined to be ineligible for testing, and the date on which each untested 29 sexual assault examination kit was collected. 30  * Sec. 94. AS 44.41.070(b) is amended to read: 31 (b) By November 1 of each year, the Department of Public Safety shall 01 prepare and transmit a report to the president of the senate and the speaker of the 02 house of representatives that contains 03 (1) the number of untested sexual assault examination kits stored by 04 each law enforcement agency or department and the number of sexual assault  05 examination kits that the law enforcement agency or state department has  06 determined are ineligible for testing under (e) of this section, with the reason or  07 reasons the untested sexual assault examination kits were determined to be  08 ineligible for testing; 09 (2) the date each untested sexual assault examination kit was collected; 10 and 11 (3) a plan for addressing the backlog and prevention of a backlog of 12 untested sexual assault examination kits. 13  * Sec. 95. AS 44.41.070 is amended by adding a new subsection to read: 14 (e) A sexual assault examination kit is ineligible for testing if the law 15 enforcement agency or state department finds that the sexual assault examination kit  16 (1) is scientifically unviable; 17 (2) does not meet eligibility requirements for inclusion in the 18 Combined DNA Index System database; or 19 (3) was collected from a person who wishes to remain anonymous. 20  * Sec. 96. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of 23 Criminal Procedure, is amended to read: 24 (6) When a prior conviction is an element of an offense [IN A 25 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n) 26 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER 27 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety 28 Information Network or from other government agencies of prior convictions [OF 29 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL 30 TEST] may be presented to the grand jury. 31  * Sec. 97. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of 03 Criminal Procedure, is amended to read: 04 (a) The Administrative Director of the Alaska Court System, after consultation 05 with the presiding judge, Public Defender Agency, and Attorney General's Office, 06 may enter into agreements with the Department of Public Safety and Department of 07 Corrections which approve systems allowing judges to provide for the appearance by a 08 defendant at certain criminal proceedings by way of contemporaneous two-way  09 video conference [TELEVISION] equipment in lieu of the physical presence of the 10 defendant in the courtroom. Such an agreement must provide for a procedure by which 11 the defendant may confer with the defendant's attorney in private. 12  * Sec. 98. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (b) In those court locations in which a contemporaneous two-way video  17 conference [TELEVISION] system has been approved by the supreme court and has 18 been installed, in custody defendants shall appear by way of contemporaneous two- 19 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary 20 bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non- 21 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless 22 otherwise ordered for cause stated by the presiding judge. With the defendant's 23 consent, sentencings may be done by way of contemporaneous two-way video  24 conference [TELEVISION] in traffic and misdemeanor cases. The court may order  25 a defendant to appear by contemporaneous two-way video conference at any  26 other hearings. In any particular case, the trial court may order that the defendant be 27 transported to court for court proceedings if the trial judge finds that the defendant's 28 rights would be prejudiced by use of the system. 29  * Sec. 99. AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3); 30 AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 11.71.030(a)(7), 31 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11); AS 12.25.180(b)(3); 01 AS 12.30.055(b); AS 12.55.110(c), 12.55.110(d), 12.55.110(e), 12.55.110(f), 12.55.110(g), 02 12.55.110(h), 12.55.135(l), 12.55.135(n), 12.55.135(o), 12.55.135(p); AS 33.16.100(f), 03 33.16.215, 33.16.220(j), and 33.16.240(h) are repealed. 04  * Sec. 100. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or 07 before January 10, 2020, the commissioner of corrections shall provide a report to the 08 legislature as described under AS 33.30.011(a)(12), enacted by sec. 90 of this Act. The 09 commissioner shall submit the report to the senate secretary and chief clerk of the house of 10 representatives and notify the legislature that the report is available. 11  * Sec. 101. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections shall 14 develop a needs assessment of all rehabilitative services for each institution, including 15 education, treatment, vocational education, secular and faith-based, and pro-social programs. 16 On or before January 31, 2020, the Department of Corrections shall provide a written report 17 regarding the needs assessments to the senate secretary and chief clerk of the house of 18 representatives and notify the legislature that the report is available. 19  * Sec. 102. The uncodified law of the State of Alaska is amended by adding a new section 20 to read: 21 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY 22 COMMITMENT. By December 31, 2020, the superior court shall transmit the information 23 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the 24 superior court issued on or after January 1, 1981, for the involuntary commitment of a person 25 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an 26 involuntary commitment or an adjudication of mental illness or mental incompetence granted 27 under AS 47.30.851(b). 28  * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 APPLICABILITY. (a) The following sections apply to offenses committed on or after 31 the effective date of those sections: 01 (1) AS 11.41.110(a), as amended by sec. 2 of this Act; 02 (2) AS 11.41.150(a), as amended by sec. 3 of this Act; 03 (3) AS 11.41.438(b), as amended by sec. 4 of this Act; 04 (4) AS 11.41.438(c), enacted by sec. 5 of this Act; 05 (5) AS 11.41.452(a), as amended by sec. 6 of this Act; 06 (6) AS 11.41.452(d), as amended by sec. 7 of this Act; 07 (7) AS 11.41.452(e), as amended by sec. 8 of this Act; 08 (8) AS 11.46.130(a), as amended by sec. 9 of this Act; 09 (9) AS 11.46.140(a), as amended by sec. 10 of this Act; 10 (10) AS 11.46.150(a), as amended by sec. 11 of this Act; 11 (11) AS 11.46.220(c), as amended by sec. 12 of this Act; 12 (12) AS 11.46.260(b), as amended by sec. 13 of this Act; 13 (13) AS 11.46.270(b), as amended by sec. 14 of this Act; 14 (14) AS 11.46.280(d), as amended by sec. 15 of this Act; 15 (15) AS 11.46.285, as amended by sec. 16 of this Act; 16 (16) AS 11.46.295, as amended by sec. 17 of this Act; 17 (17) AS 11.46.360(a), as amended by sec. 18 of this Act; 18 (18) AS 11.46.370, enacted by sec. 19 of this Act; 19 (19) AS 11.46.482(a), as amended by sec. 20 of this Act; 20 (20) AS 11.46.484(a), as amended by sec. 21 of this Act; 21 (21) AS 11.46.486(a), as amended by sec. 22 of this Act; 22 (22) AS 11.46.530(b), as amended by sec. 23 of this Act; 23 (23) AS 11.46.620(d), as amended by sec. 24 of this Act; 24 (24) AS 11.46.730(c), as amended by sec. 25 of this Act; 25 (25) AS 11.46.980(e), enacted by sec. 26 of this Act; 26 (26) AS 11.56.310(a), as amended by sec. 27 of this Act; 27 (27) AS 11.56.320(a), as amended by sec. 28 of this Act; 28 (28) AS 11.56.730(a), as amended by sec. 29 of this Act; 29 (29) AS 11.56.730(d), as amended by sec. 30 of this Act; 30 (30) AS 11.56.810(a), as amended by sec. 31 of this Act; 31 (31) AS 11.61.123(a), as amended by sec. 32 of this Act; 01 (32) AS 11.61.123(c), as amended by sec. 33 of this Act; 02 (33) AS 11.61.123(d), as amended by sec. 34 of this Act; 03 (34) AS 11.61.123(f), as amended by sec. 35 of this Act; 04 (35) AS 11.61.123(g), as amended by sec. 36 of this Act; 05 (36) AS 11.61.124, enacted by sec. 37 of this Act; 06 (37) AS 11.71.021, enacted by sec. 38 of this Act; 07 (38) AS 11.71.030(a), as amended by sec. 39 of this Act; 08 (39) AS 11.71.030(d), as amended by sec. 40 of this Act; 09 (40) AS 11.71.040(a), as amended by sec. 41 of this Act; 10 (41) AS 11.71.040(d), as amended by sec. 42 of this Act; 11 (42) AS 11.71.050, as amended by sec. 43 of this Act; 12 (43) AS 11.71.060, as amended by sec. 44 of this Act; 13 (44) AS 11.71.311(a), as amended by sec. 45 of this Act; 14 (45) AS 12.55.150(a), as amended by sec. 46 of this Act; 15 (46) AS 12.30.006(b), as amended by sec. 47 of this Act; 16 (47) AS 12.30.006(c), as amended by sec. 48 of this Act; 17 (48) AS 12.30.006(d), as amended by sec. 49 of this Act; 18 (49) AS 12.30.011, as repealed and reenacted by sec. 50 of this Act; 19 (50) AS 12.30.021(a), as amended by sec. 51 of this Act; 20 (51) AS 12.30.021(c), as amended by sec. 52 of this Act; 21 (52) AS 28.15.291(b), as amended by sec. 71 of this Act; 22 (53) AS 28.35.030(o), as amended by sec. 72 of this Act; 23 (54) AS 28.35.032(q), as amended by sec. 73 of this Act. 24 (b) The following sections apply to sentences imposed on or after the effective date of 25 those sections for conduct occurring on or after the effective date of those sections: 26 (1) AS 12.55.025(c), as amended by sec. 53 of this Act; 27 (2) AS 12.55.051(a), as amended by sec. 54 of this Act; 28 (3) AS 12.55.125(c), as amended by sec. 58 of this Act; 29 (4) AS 12.55.125(d), as amended by sec. 59 of this Act; 30 (5) AS 12.55.125(i), as amended by sec. 60 of this Act; 31 (6) AS 12.55.125(q), as amended by sec. 61 of this Act; 01 (7) AS 12.55.135(a), as amended by sec. 62 of this Act; 02 (8) AS 12.55.135(b), as amended by sec. 63 of this Act; 03 (9) AS 12.55.145(a), as amended by sec. 64 of this Act; 04 (10) AS 12.55.185(10), as amended by sec. 65 of this Act; 05 (11) AS 12.55.185(16), as amended by sec. 66 of this Act; 06 (12) AS 33.16.090(a), as amended by sec. 78 of this Act; 07 (13) AS 33.16.090(b), as amended by sec. 79 of this Act; 08 (14) AS 33.30.011(a), as amended by sec. 90 of this Act. 09 (c) The following sections apply to the duty to register as a sex offender for offenses 10 committed on or after the effective date of those sections: 11 (1) AS 12.63.010(d), as amended by sec. 67 of this Act; 12 (2) AS 12.63.020, as amended by sec. 68 of this Act; 13 (3) AS 12.63.100(6), as amended by sec. 69 of this Act; 14 (4) AS 12.63.100(7), as amended by sec. 70 of this Act. 15 (d) The following sections apply to probation ordered on or after the effective date of 16 those sections for conduct occurring on or after the effective date of those sections: 17 (1) AS 12.55.090(c), as amended by sec. 55 of this Act; 18 (2) AS 12.55.090(g), as amended by sec. 56 of this Act; 19 (3) AS 12.55.110(c), as amended by sec. 57 of this Act; 20 (4) AS 33.05.020(h), as amended by sec. 74 of this Act; 21 (5) AS 33.05.020(i) and (j), enacted by sec. 75 of this Act; 22 (6) AS 33.05.040(a), as amended by sec. 76 of this Act. 23 (e) The following sections apply to parole ordered on or after the effective date of 24 those sections for conduct occurring on or after the effective date of those sections: 25 (1) AS 33.16.060(a), as amended by sec. 77 of this Act; 26 (2) AS 33.16.100(h), enacted by sec. 81 of this Act; 27 (3) AS 33.16.130(a), as repealed and reenacted by sec. 82 of this Act; 28 (4) AS 33.16.130(b), as amended by sec. 83 of this Act; 29 (5) AS 33.16.210(c), as amended by sec. 84 of this Act; 30 (6) AS 33.16.215(c), as amended by sec. 85 of this Act; 31 (7) AS 33.16.220(b), as amended by sec. 86 of this Act; 01 (8) AS 33.16.220(i), as amended by sec. 87 of this Act; 02 (9) AS 33.16.270, as amended by sec. 88 of this Act; 03 (10) AS 33.16.270(b), enacted by sec. 89 of this Act. 04 (f) AS 33.16.100(a), as amended by sec. 80 of this Act, applies to parole granted on or 05 after the effective date of sec. 80 of this Act for conduct occurring before, on, or after the 06 effective date of sec. 80 of this Act. 07  * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 CONDITIONAL EFFECT. Sections 96 - 98 of this Act take effect only if secs. 96 - 98 10 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 11 Constitution of the State of Alaska. 12  * Sec. 105. Section 102 of this Act takes effect immediately under AS 01.10.070(c). 13  * Sec. 106. Sections 92 - 95 of this Act take effect January 1, 2020. 14  * Sec. 107. Except as provided in secs. 105 and 106 of this Act, this Act takes effect July 1, 15 2019.