00 Enrolled HB 49 01 Relating to criminal law and procedure; relating to marriage as a defense to certain crimes of 02 sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to 03 controlled substances; relating to electronic monitoring; relating to probation and parole; 04 relating to sentencing; amending the definitions of "most serious felony," "sex offense," and 05 "sex offender"; relating to registration of sex offenders; relating to the automated victim 06 notification system; relating to reporting child abuse or neglect; relating to Alaska Native 07 organizations; relating to the village public safety officer program; relating to cancellation of 08 a driver's license; relating to driving while license canceled; relating to operating under the 09 influence; relating to restoration of a driver's license; relating to refusal to submit to a 10 chemical test; relating to the use of headlights; relating to the powers and duties of the 11 commissioner of corrections; relating to pretrial services; relating to the duties of a 01 prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports 02 of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal 03 Procedure; and providing for an effective date. 04 _______________ 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that 08 the Alaska Court System, the Department of Corrections, and the Department of Public Safety 09 make continued efforts to find efficiencies in the criminal justice system and increase the use 10 of contemporaneous two-way video conference for pretrial hearings whenever possible. 11 (b) When imposing a sentence, it is the intent of the legislature that the court may take 12 into consideration any good conduct and self-improvement efforts the defendant has made 13 while in pretrial status, including taking general education development, undergraduate, 14 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith- 15 based activities, and voluntary treatment programs. 16 (c) It is the intent of the legislature that the Department of Corrections develop a plan 17 to track and measure the effectiveness of evidence-based programs offered to offenders and 18 report its progress on the plan to both the House and Senate Judiciary Committees during the 19 Second Regular Session of the Thirty-First Alaska State Legislature. 20 (d) The legislature finds that the legislature did not intend, by enacting ch. 90, SLA 21 2003, and the legislature does not now intend by enacting this Act, to place a limitation on 22 which previous convictions may be considered when imposing a sentence under 23 AS 12.55.125(i), as amended by sec. 73 of this Act. 24 (e) It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 77 of 25 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d 26 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a 27 sentence under AS 12.55.125(i), as amended by sec. 73 of this Act, a prior felony conviction 28 should not be considered if 10 or more years has elapsed between the date of the defendant's 29 unconditional discharge on the immediately preceding offense and the date the defendant 30 committed the present offense unless the prior conviction was for an unclassified or class A 01 felony. 02 (f) It is the intent of the legislature that all prior felony convictions be considered 03 when imposing a sentence under AS 12.55.125(i), as amended by sec. 73 of this Act, 04 regardless of the amount of time that has passed since each conviction. 05 (g) The legislature finds that 06 (1) protecting the public from sex offenders serves a compelling governmental 07 interest and that the release of certain information about sex offenders to public agencies and 08 the general public assists in protecting the public; 09 (2) a sex offender who is required to register as a sex offender in the state 10 where the person was convicted may relocate to this state for various reasons; 11 (3) the Alaska Supreme Court's narrow interpretation of the state's sex 12 offender registration requirements in its decision in State, Department of Public Safety v. 13 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex 14 offenders who may come to this state in that it requires a person to register as a sex offender 15 in this state only if that person has been convicted of an offense that is similar to a sex offense 16 as defined in AS 12.63.100, as amended by sec. 85 of this Act. 17 (h) It is the intent of the legislature to overturn State, Department of Public Safety v. 18 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender 19 required to register in another jurisdiction is not required to register in the state unless the 20 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as 21 amended by sec. 85 of this Act. Additionally, it is the intent of the legislature to give 22 reciprocity to other jurisdictions and require a sex offender who is physically present in the 23 state and is required to register as a sex offender in another jurisdiction to register as a sex 24 offender in the state regardless of whether the person's underlying conviction is similar to a 25 sex offense as defined in AS 12.63.100, as amended by sec. 85 of this Act. 26 (i) It is the intent of the legislature that the Department of Public Safety make 27 additional resources available to expand investigations of online exploitation of children. 28 * Sec. 2. AS 11.41.110(a) is amended to read: 29 (a) A person commits the crime of murder in the second degree if 30 (1) with intent to cause serious physical injury to another person or 31 knowing that the conduct is substantially certain to cause death or serious physical 01 injury to another person, the person causes the death of any person; 02 (2) the person knowingly engages in conduct that results in the death 03 of another person under circumstances manifesting an extreme indifference to the 04 value of human life; 05 (3) under circumstances not amounting to murder in the first degree 06 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 07 person commits or attempts to commit arson in the first degree, kidnapping, sexual 08 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 09 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 10 degree, escape in the first or second degree, robbery in any degree, or misconduct 11 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 12 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 13 and, in the course of or in furtherance of that crime or in immediate flight from that 14 crime, any person causes the death of a person other than one of the participants; 15 (4) acting with a criminal street gang, the person commits or attempts 16 to commit a crime that is a felony and, in the course of or in furtherance of that crime 17 or in immediate flight from that crime, any person causes the death of a person other 18 than one of the participants; or 19 (5) the person with criminal negligence causes the death of a child 20 under the age of 16, and the person has been previously convicted of a crime involving 21 a child under the age of 16 that was 22 (A) a felony violation of AS 11.41; 23 (B) in violation of a law or ordinance in another jurisdiction 24 with elements similar to a felony under AS 11.41; or 25 (C) an attempt, a solicitation, or a conspiracy to commit a 26 crime listed in (A) or (B) of this paragraph. 27 * Sec. 3. AS 11.41.150(a) is amended to read: 28 (a) A person commits the crime of murder of an unborn child if the person 29 (1) with intent to cause the death of an unborn child or of another 30 person, causes the death of an unborn child; 31 (2) with intent to cause serious physical injury to an unborn child or to 01 another person or knowing that the conduct is substantially certain to cause death or 02 serious physical injury to an unborn child or to another person, causes the death of an 03 unborn child; 04 (3) while acting alone or with one or more persons, commits or 05 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 06 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 07 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 08 first or second degree, robbery in any degree, or misconduct involving a controlled 09 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 10 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 11 in furtherance of that crime or in immediate flight from that crime, any person causes 12 the death of an unborn child; 13 (4) knowingly engages in conduct that results in the death of an unborn 14 child under circumstances manifesting an extreme indifference to the value of human 15 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 16 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 17 does not constitute conduct manifesting an extreme indifference to the value of human 18 life. 19 * Sec. 4. AS 11.41.420(a) is amended to read: 20 (a) An offender commits the crime of sexual assault in the second degree if 21 (1) the offender engages in sexual contact with another person without 22 consent of that person; 23 (2) the offender engages in sexual contact with a person 24 (A) who the offender knows is mentally incapable; and 25 (B) who is in the offender's care 26 (i) by authority of law; or 27 (ii) in a facility or program that is required by law to be 28 licensed by the state; 29 (3) the offender engages in sexual penetration with a person who [THE 30 OFFENDER KNOWS] is 31 (A) mentally incapable; 01 (B) incapacitated; or 02 (C) unaware that a sexual act is being committed; or 03 (4) the offender engages in sexual contact with a person who the 04 offender knows is unaware that a sexual act is being committed and 05 (A) the offender is a health care worker; and 06 (B) the offense takes place during the course of professional 07 treatment of the victim. 08 * Sec. 5. AS 11.41.425(a) is amended to read: 09 (a) An offender commits the crime of sexual assault in the third degree if the 10 offender 11 (1) engages in sexual contact with a person who [THE OFFENDER 12 KNOWS] is 13 (A) mentally incapable; 14 (B) incapacitated; or 15 (C) unaware that a sexual act is being committed; 16 (2) while employed in a state correctional facility or other placement 17 designated by the commissioner of corrections for the custody and care of prisoners, 18 engages in sexual penetration with a person who the offender knows is committed to 19 the custody of the Department of Corrections to serve a term of imprisonment or 20 period of temporary commitment; 21 (3) engages in sexual penetration with a person 18 or 19 years of age 22 who the offender knows is committed to the custody of the Department of Health and 23 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 24 the person; 25 (4) while employed in the state by a law enforcement agency as a 26 peace officer, or while acting as a peace officer in the state, engages in sexual 27 penetration with a person with reckless disregard that the person is in the custody or 28 the apparent custody of the offender, or is committed to the custody of a law 29 enforcement agency; 30 (5) while employed by the state or a municipality of the state as a 31 probation officer or parole officer, or while acting as a probation officer or parole 01 officer in the state, engages in sexual penetration with a person with reckless disregard 02 that the person is on probation or parole; or 03 (6) while employed as a juvenile probation officer or as a juvenile 04 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 05 reckless disregard that the person is committed to the custody or probationary 06 supervision of the Department of Health and Social Services. 07 * Sec. 6. AS 11.41.432(b) is amended to read: 08 (b) Except as provided in (d) or (e) [(a)] of this section, in a prosecution under 09 AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the 10 victim was, at the time of the alleged offense, the legal spouse of the defendant. 11 * Sec. 7. AS 11.41.432(c) is amended to read: 12 (c) It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or 13 11.41.427(a)(4) that 14 (1) the offender and the person on probation or parole had, before the 15 person was placed on probation or parole, a dating relationship or a sexual relationship 16 that [, AND THE RELATIONSHIP] continued until the date of the alleged offense; 17 and 18 (2) the person on probation or parole consented to the act for 19 which the offender is charged. 20 * Sec. 8. AS 11.41.432 is amended by adding new subsections to read: 21 (d) It is a defense to a crime charged under AS 11.41.425(a)(2) - (6) or 22 11.41.427 that the offender is married to the person, neither party has filed with the 23 court for separation, divorce, or dissolution of the marriage, and the person consented 24 to the act for which the offender was charged. 25 (e) It is an affirmative defense for a crime charged under AS 11.41.410(a)(3), 26 11.41.420(a)(2), 11.41.420(a)(3)(A), or 11.41.425(a)(1)(A) that the offender is 27 married to the person, neither party has filed with the court for separation, divorce, or 28 dissolution of the marriage, and the person consented to the act for which the offender 29 is charged while capable of understanding the nature or consequences of the offender's 30 conduct. 31 * Sec. 9. AS 11.41.438(b) is amended to read: 01 (b) Except as provided in (c) of this section, sexual [SEXUAL] abuse of a 02 minor in the third degree is a class C felony, punishable as provided in 03 AS 12.55.125(e). 04 * Sec. 10. AS 11.41.438 is amended by adding a new subsection to read: 05 (c) Sexual abuse of a minor in the third degree is a class C felony, punishable 06 under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years 07 younger than the offender. 08 * Sec. 11. AS 11.41.452(a) is amended to read: 09 (a) A person commits the crime of [ONLINE] enticement of a minor if the 10 person, being 18 years of age or older, knowingly communicates [USES A 11 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 12 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 13 (1) the other person is a child under 16 years of age; or 14 (2) the person believes that the other person is a child under 16 years 15 of age. 16 * Sec. 12. AS 11.41.452(d) is amended to read: 17 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 18 is a class B felony. 19 * Sec. 13. AS 11.41.452(e) is amended to read: 20 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 21 the defendant was, at the time of the offense, required to register as a sex offender or 22 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 23 * Sec. 14. AS 11.41.455(c) is amended to read: 24 (c) Unlawful exploitation of a minor is [A] 25 (1) a class A [CLASS B] felony; or 26 (2) an unclassified [CLASS A] felony if the 27 (A) person has been previously convicted of unlawful 28 exploitation of a minor in this jurisdiction or a similar crime in this or another 29 jurisdiction; or 30 (B) minor who is exploited is under 13 years of age at the 31 time the exploitation occurs. 01 * Sec. 15. AS 11.41.458 is amended to read: 02 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 03 commits the crime of indecent exposure in the first degree if the offender violates 04 AS 11.41.460(a) [, THE OFFENSE OCCURS WITHIN THE OBSERVATION OF A 05 PERSON UNDER 16 YEARS OF AGE,] and 06 (1) while committing the act constituting the offense, the offender 07 knowingly masturbates; or 08 (2) the offender has been previously convicted under 09 (A) this section; 10 (B) AS 11.41.460(a); or 11 (C) a law or ordinance of this or another jurisdiction with 12 elements similar to a crime listed under (A) or (B) of this paragraph. 13 (b) Indecent exposure in the first degree 14 (1) is a class C felony; or 15 (2) is a class B felony if the offense occurs within the observation of 16 a person under 16 years of age. 17 * Sec. 16. AS 11.46.130(a) is amended to read: 18 (a) A person commits the crime of theft in the second degree if the person 19 commits theft as defined in AS 11.46.100 and 20 (1) the value of the property or services [, ADJUSTED FOR 21 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 22 $25,000; 23 (2) the property is a firearm or explosive; 24 (3) the property is taken from the person of another; 25 (4) the property is taken from a vessel and is vessel safety or survival 26 equipment; 27 (5) the property is taken from an aircraft and the property is aircraft 28 safety or survival equipment; 29 (6) the value of the property [, ADJUSTED FOR INFLATION AS 30 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the 31 preceding five years, the person has been convicted and sentenced on two or more 01 separate occasions in this or another jurisdiction of 02 (A) an offense under AS 11.46.120, or an offense under 03 another law or ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) an offense under AS 11.46.140(a)(1), or an offense under 07 another law or ordinance with similar elements; or 08 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 09 offense under another law or ordinance with similar elements; or 10 (7) the property is an access device or identification document. 11 * Sec. 17. AS 11.46.140(a) is amended to read: 12 (a) A person commits the crime of theft in the third degree if the person 13 commits theft as defined in AS 11.46.100 and 14 (1) the value of the property or services [, ADJUSTED FOR 15 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 16 or 17 (2) [REPEALED] 18 (3) [REPEALED] 19 (4) the value of the property is less than $250 and, within the preceding 20 five years, the person has been convicted and sentenced on three or more separate 21 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 22 offense under another law or ordinance with similar elements. 23 * Sec. 18. AS 11.46.150(a) is amended to read: 24 (a) A person commits the crime of theft in the fourth degree if the person 25 commits theft as defined in AS 11.46.100 and the value of the property or services [, 26 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 27 * Sec. 19. AS 11.46.220(c) is amended to read: 28 (c) Concealment of merchandise is 29 (1) a class C felony if 30 (A) the merchandise is a firearm; 31 (B) the value of the merchandise [, ADJUSTED FOR 01 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or 02 (C) the value of the merchandise [, ADJUSTED FOR 03 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 04 $750 and, within the preceding five years, the person has been convicted and 05 sentenced on two or more separate occasions in this or another jurisdiction of 06 (i) the offense of concealment of merchandise under 07 this paragraph or (2)(A) of this subsection, or an offense under another 08 law or ordinance with similar elements; or 09 (ii) an offense under AS 11.46.120, 11.46.130, or 10 11.46.140(a)(1), or an offense under another law or ordinance with 11 similar elements; 12 (2) a class A misdemeanor if 13 (A) the value of the merchandise [, ADJUSTED FOR 14 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 15 $750; or 16 (B) [REPEALED] 17 (C) the value of the merchandise is less than $250 and, within 18 the preceding five years, the person has been convicted and sentenced on three 19 or more separate occasions of the offense of concealment of merchandise or 20 theft in any degree, or an offense under another law or ordinance with similar 21 elements; 22 (3) a class B misdemeanor if the value of the merchandise [, 23 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 24 * Sec. 20. AS 11.46.260(b) is amended to read: 25 (b) Removal of identification marks is 26 (1) a class C felony if the value of the property on which the serial 27 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 28 PROVIDED IN AS 11.46.982,] is $750 or more; 29 (2) a class A misdemeanor if the value of the property on which the 30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 31 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 01 (3) a class B misdemeanor if the value of the property on which the 02 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 03 PROVIDED IN AS 11.46.982,] is less than $250. 04 * Sec. 21. AS 11.46.270(b) is amended to read: 05 (b) Unlawful possession is 06 (1) a class C felony if the value of the property on which the serial 07 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 08 PROVIDED IN AS 11.46.982,] is $750 or more; 09 (2) a class A misdemeanor if the value of the property on which the 10 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 11 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750; 12 (3) a class B misdemeanor if the value of the property on which the 13 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 14 PROVIDED IN AS 11.46.982,] is less than $250. 15 * Sec. 22. AS 11.46.280(d) is amended to read: 16 (d) Issuing a bad check is 17 (1) a class B felony if the face amount of the check is $25,000 or more; 18 (2) a class C felony if the face amount of the check [, ADJUSTED 19 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than 20 $25,000; 21 (3) a class A misdemeanor if the face amount of the check [, 22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 23 but less than $750; 24 (4) a class B misdemeanor if the face amount of the check [, 25 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 26 * Sec. 23. AS 11.46.285 is amended to read: 27 Sec. 11.46.285. Fraudulent use of an access device or identification 28 document. (a) A person commits the crime of fraudulent use of an access device or 29 identification document if, with intent to defraud, the person uses an access device or 30 identification document to obtain property or services with knowledge that 31 (1) the access device or identification document is stolen or forged; 01 (2) the access device or identification document is expired or has 02 been revoked or cancelled; or 03 (3) for any other reason, that person's use of the access device or 04 identification document is unauthorized by either the issuer or the person to whom 05 the access device or identification document is issued. 06 (b) Fraudulent use of an access device or identification document is 07 (1) a class B felony if the value of the property or services obtained is 08 $25,000 or more; 09 (2) a class C felony if the value of the property or services obtained [, 10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 11 more but less than $25,000; 12 (3) a class A misdemeanor if the value of the property or services 13 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 14 than $75 [$750]. 15 * Sec. 24. AS 11.46.295 is amended to read: 16 Sec. 11.46.295. Prior convictions. For purposes of considering prior 17 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 18 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 19 AS 11.46.220(c), 20 (1) a conviction for an offense under another law or ordinance with 21 similar elements is a conviction of an offense having elements similar to those of an 22 offense defined as such under Alaska law at the time the offense was committed; 23 (2) a conviction for an offense under Alaska law where the value of the 24 property or services for the offense was lower than the value of property or services 25 for the offense under current Alaska law is a prior conviction for that offense; and 26 (3) the court shall consider the date of a prior conviction as occurring 27 on the date that sentence is imposed for the prior offense. 28 * Sec. 25. AS 11.46.360(a) is amended to read: 29 (a) A person commits the crime of vehicle theft in the first degree if, having 30 no right to do so or any reasonable ground to believe the person has such a right, the 31 person drives, tows away, or takes 01 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 02 of another; 03 (2) the propelled vehicle of another and 04 (A) the vehicle or any other property of another is damaged in a 05 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 06 AS 11.46.982,] of $750 or more; 07 (B) the owner incurs reasonable expenses as a result of the loss 08 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 09 PROVIDED IN AS 11.46.982,] of $750 or more; or 10 (C) the owner is deprived of the use of the vehicle for seven 11 days or more; 12 (3) the propelled vehicle of another and the vehicle is marked as a 13 police or emergency vehicle; or 14 (4) the propelled vehicle of another and, within the preceding seven 15 years, the person was convicted under 16 (A) this section or AS 11.46.365; 17 (B) former AS 11.46.482(a)(4) or (5); 18 (C) former AS 11.46.484(a)(2); 19 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 20 of a propelled vehicle; or 21 (E) a law or ordinance of this or another jurisdiction with 22 elements substantially similar to those of an offense described in (A) - (D) of 23 this paragraph. 24 * Sec. 26. AS 11.46 is amended by adding a new section to article 3 to read: 25 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 26 the crime of possession of motor vehicle theft tools if the person possesses a motor 27 vehicle theft tool with intent to use or permit use of the tool in the commission of theft 28 of a vehicle or contents of a vehicle. 29 (b) In this section, 30 (1) "altered or shaved key" means a key altered by cutting, filing, or 31 other means to fit multiple vehicles or vehicles other than vehicles for which the key 01 was originally manufactured; 02 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 03 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar 04 device adapted or designed for use in committing vehicle theft; 05 (3) "trial or jiggler key" means a key designed or altered to manipulate 06 a vehicle locking mechanism other than the lock for which the key was originally 07 manufactured. 08 (c) Possession of motor vehicle theft tools is a class A misdemeanor. 09 * Sec. 27. AS 11.46.482(a) is amended to read: 10 (a) A person commits the crime of criminal mischief in the third degree if, 11 having no right to do so or any reasonable ground to believe the person has such a 12 right, 13 (1) with intent to damage property of another, the person damages 14 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 15 IN AS 11.46.982,] of $750 or more; 16 (2) the person recklessly creates a risk of damage in an amount 17 exceeding $100,000 to property of another by the use of widely dangerous means; or 18 (3) the person knowingly 19 (A) defaces, damages, or desecrates a cemetery or the contents 20 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 21 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 22 memorial appears to be abandoned, lost, or neglected; 23 (B) removes human remains or associated burial artifacts from 24 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 25 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 26 * Sec. 28. AS 11.46.484(a) is amended to read: 27 (a) A person commits the crime of criminal mischief in the fourth degree if, 28 having no right to do so or any reasonable ground to believe the person has such a 29 right, 30 (1) with intent to damage property of another, the person damages 31 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 01 IN AS 11.46.982,] of $250 or more but less than $750; 02 (2) the person tampers with a fire protection device in a building that is 03 a public place; 04 (3) the person knowingly accesses a computer, computer system, 05 computer program, computer network, or part of a computer system or network; 06 (4) the person uses a device to descramble an electronic signal that has 07 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 08 device is used only to descramble signals received directly from a satellite or unless 09 the person owned the device before September 18, 1984; or 10 (5) the person knowingly removes, relocates, defaces, alters, obscures, 11 shoots at, destroys, or otherwise tampers with an official traffic control device or 12 damages the work on a highway under construction. 13 * Sec. 29. AS 11.46.486(a) is amended to read: 14 (a) A person commits the crime of criminal mischief in the fifth 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 reckless disregard for the risk of harm to or loss of the 18 property or with intent to cause substantial inconvenience to another, the person 19 tampers with property of another; 20 (2) with intent to damage property of another, the person damages 21 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 22 IN AS 11.46.982,] less than $250; or 23 (3) the person rides in a propelled vehicle and, with criminal 24 negligence, disregards the fact that it has been stolen or that it is being used in 25 violation of AS 11.46.360 or 11.46.365(a)(1). 26 * Sec. 30. AS 11.46.530(b) is amended to read: 27 (b) Criminal simulation is 28 (1) a class C felony if the value of what the object purports to represent 29 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or 30 more; 31 (2) a class A misdemeanor if the value of what the object purports to 01 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 02 $250 or more but less than $750; 03 (3) a class B misdemeanor if the value of what the object purports to 04 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 05 than $250. 06 * Sec. 31. AS 11.46.620(d) is amended to read: 07 (d) Misapplication of property is 08 (1) a class C felony if the value of the property misapplied [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; 10 (2) a class A misdemeanor if the value of the property misapplied [, 11 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750. 12 * Sec. 32. AS 11.46.730(c) is amended to read: 13 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 14 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 15 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the 16 defendant's conduct, in which case defrauding secured creditors is 17 (1) a class B felony if the loss is $25,000 or more; 18 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS 19 PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000. 20 * Sec. 33. AS 11.46.980 is amended by adding a new subsection to read: 21 (e) In determining the degree or classification of a crime under this chapter, if 22 the combined value of the property or services taken from one or more persons or 23 commercial establishments within a period of 180 days is $750 or more but less than 24 $25,000, the value may be aggregated. 25 * Sec. 34. AS 11.56.310(a) is amended to read: 26 (a) One commits the crime of escape in the second degree if, without lawful 27 authority, one 28 (1) removes oneself from 29 (A) a secure correctional facility while under official detention 30 for a misdemeanor; 31 (B) official detention for a felony or for extradition; or 01 (C) official detention and, during the escape or at any time 02 before being restored to official detention, one possesses on or about oneself a 03 firearm; 04 (2) violates AS 11.56.335 or 11.56.340 and, during the time of the 05 unlawful evasion or at any time before being restored to official detention, one 06 possesses on or about oneself a firearm; or 07 (3) while under official detention for a felony, 08 (A) removes, tampers with, or disables the electronic 09 monitoring equipment; [,] or 10 (B) without prior authorization, leaves one's residence or 11 other place designated by the commissioner of corrections or the 12 commissioner of health and social services for [THE] service by electronic 13 monitoring [OF OFFICIAL DETENTION FOR A FELONY]. 14 * Sec. 35. AS 11.56.320(a) is amended to read: 15 (a) One commits the crime of escape in the third degree if one 16 (1) removes oneself from official detention during any lawful 17 movement or activity incident to confinement within a correctional facility for a 18 misdemeanor; [OR] 19 (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave 20 the state; 21 (3) while under official detention for a misdemeanor, 22 (A) removes, tampers with, or disables the electronic 23 monitoring equipment; or 24 (B) without prior authorization, leaves one's residence or 25 other place designated by the commissioner of corrections or the 26 commissioner of health and social services for service by electronic 27 monitoring; or 28 (4) while on release under AS 12.30, 29 (A) removes, tampers with, or disables the electronic 30 monitoring equipment; or 31 (B) without prior authorization, leaves one's residence or 01 other place designated by a judicial officer as a condition of release. 02 * Sec. 36. AS 11.56.730(a) is amended to read: 03 (a) A person commits the crime [OFFENSE] of failure to appear if the person 04 (1) is released under the provisions of AS 12.30; 05 (2) knows that the person is required to appear before a court or 06 judicial officer at the time and place of a scheduled hearing; and 07 (3) with criminal negligence does not appear before the court or 08 judicial officer at the time and place of the scheduled hearing. 09 * Sec. 37. AS 11.56.730(d) is amended to read: 10 (d) Failure to appear is a 11 (1) class C felony if the person was released in connection with a 12 charge of a felony or while awaiting sentence or appeal after conviction of a felony 13 [AND THE PERSON 14 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 15 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 16 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 17 HEARING; OR 18 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 19 SCHEDULED HEARING TO AVOID PROSECUTION]; 20 (2) class A misdemeanor if the person was released in connection with 21 a 22 (A) charge of a misdemeanor, while awaiting sentence or 23 appeal after conviction of a misdemeanor; or 24 (B) [, OR IN CONNECTION WITH A] requirement to appear 25 as a material witness in a criminal proceeding [, AND THE PERSON 26 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 27 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 28 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 29 HEARING; OR 30 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 31 SCHEDULED HEARING TO AVOID PROSECUTION; OR 01 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000]. 02 * Sec. 38. AS 11.56.757(b) is amended to read: 03 (b) Violation of condition of release is a 04 (1) class A misdemeanor if the person is released from a charge or 05 conviction of a felony; 06 (2) class B misdemeanor if the person is released from a charge or 07 conviction of a misdemeanor. 08 * Sec. 39. AS 11.56.810(a) is amended to read: 09 (a) A person commits the crime of terroristic threatening in the second degree 10 if the person makes a threat [KNOWINGLY MAKES A FALSE REPORT] that a 11 circumstance 12 (1) dangerous to human life or property exists or is about to exist 13 with reckless disregard that the threat may [AND] 14 (A) place a person [IS PLACED] in reasonable fear of serious 15 physical injury to any person by means of a dangerous instrument; 16 (B) cause [CAUSES] evacuation of or initiation of an 17 emergency protocol for a building, public place or area, business premises, or 18 mode of public transportation; 19 (C) cause [CAUSES] serious public inconvenience; or 20 (D) cause the public or a substantial group of people to fear 21 serious physical injury [THE REPORT CLAIMS THAT A 22 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 23 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 24 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 25 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 26 TRANSPORTATION]; or 27 (2) exists or is about to exist that is dangerous to the proper or safe 28 functioning of an oil or gas pipeline or supporting facility, utility, or transportation or 29 cargo facility; in this paragraph, "oil or gas pipeline or supporting facility" and 30 "utility" have the meanings given in AS 11.46.495. 31 * Sec. 40. AS 11.61.110(c) is amended to read: 01 (c) Disorderly conduct is a class B misdemeanor and is punishable as 02 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 03 be for a definite term of not more than 04 (1) 72 hours if the offense is a first conviction; 05 (2) 10 days if the offense is a second or subsequent conviction. 06 * Sec. 41. AS 11.61.120(a) is amended to read: 07 (a) A person commits the crime of harassment in the second degree if, with 08 intent to harass or annoy another person, that person 09 (1) insults, taunts, or challenges another person in a manner likely to 10 provoke an immediate violent response; 11 (2) telephones another and fails to terminate the connection with intent 12 to impair the ability of that person to place or receive telephone calls; 13 (3) makes repeated telephone calls at extremely inconvenient hours; 14 (4) makes an anonymous or obscene telephone call, an obscene 15 electronic communication, or a telephone call or electronic communication that 16 threatens physical injury or sexual contact; 17 (5) subjects another person to offensive physical contact; 18 (6) except as provided in AS 11.61.116, publishes or distributes 19 electronic or printed photographs, pictures, or films that show the genitals, anus, or 20 female breast of the other person or show that person engaged in a sexual act; [OR] 21 (7) repeatedly sends or publishes an electronic communication that 22 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 23 that places the person in reasonable fear of physical injury; or 24 (8) under circumstances not proscribed under AS 11.41.455, 25 AS 11.61.125, or 11.61.128, repeatedly sends to another person, publishes, or 26 distributes electronic or printed photographs, pictures, or films that show the 27 genitals of any person. 28 * Sec. 42. AS 11.61.123(a) is amended to read: 29 (a) A person commits the crime of indecent viewing or production of a 30 picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly 31 (1) views, or views [PRODUCES] a picture of, the private exposure of 01 the genitals, anus, or female breast of another person; or 02 (2) produces a picture of the private exposure of the genitals, anus, 03 or female breast of another person [AND THE VIEW OR PRODUCTION IS 04 WITHOUT THE KNOWLEDGE OR CONSENT OF 05 (1) THE PARENT OR GUARDIAN OF THE PERSON VIEWED, 06 OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR 07 SHOWN IS UNDER 16 YEARS OF AGE; AND 08 (2) THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF 09 THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE]. 10 * Sec. 43. AS 11.61.123(c) is amended to read: 11 (c) This section does not apply to the viewing or production of a picture 12 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 13 purpose. 14 * Sec. 44. AS 11.61.123(d) is amended to read: 15 (d) In a prosecution under this section, it is an affirmative defense that the 16 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security 17 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 18 posted, and any viewing or use of pictures produced is done only in the interest of 19 crime prevention or prosecution. 20 * Sec. 45. AS 11.61.123(f) is amended to read: 21 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 22 (1) class B felony if the person violates (a)(2) of this section and the 23 person shown in the picture was, at the time of the production of the picture, a 24 minor; 25 (2) [(1)] class C felony if the person 26 (A) violates (a)(1) of this section and the person viewed 27 (i) [OR SHOWN IN A PICTURE] was, at the time of 28 the viewing [OR PRODUCTION OF THE PICTURE], a minor; or 29 (ii) in the picture was, at the time of the production 30 of the picture, a minor; or 31 (B) violates (a)(2) of this section and the person shown in 01 the picture was, at the time of the production of the picture, an adult; 02 (3) [(2)] class A misdemeanor if the person violates (a)(1) of this 03 section and the person viewed 04 (A) [OR SHOWN IN A PICTURE] was, at the time of the 05 viewing [OR PRODUCTION OF THE PICTURE], an adult; or 06 (B) in the picture was, at the time of the production of the 07 picture, an adult. 08 * Sec. 46. AS 11.61.123 is amended by adding a new subsection to read: 09 (g) The provisions of this section do not apply to acts 10 (1) that may reasonably be construed to be normal caretaker 11 responsibilities for a child, interactions with a child, or affection for a child; or 12 (2) performed for the purpose of administering a recognized and lawful 13 form of treatment that is reasonably adapted to promoting the physical or mental 14 health of the person being treated. 15 * Sec. 47. AS 11.61 is amended by adding a new section to read: 16 Sec. 11.61.124. Solicitation or production of an indecent picture of a 17 minor. (a) An offender commits the crime of solicitation or production of an indecent 18 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 19 AS 11.61.123, the offender being 18 years of age or older 20 (1) solicits a picture of the genitals, anus, or female breast of another 21 person and the 22 (A) person solicited is under 16 years of age and at least four 23 years younger than the offender; or 24 (B) offender believes that the other person is under 16 years of 25 age and at least four years younger than the offender; or 26 (2) produces a picture of the genitals, anus, or female breast of another 27 person and the 28 (A) person shown in the picture is under 16 years of age and at 29 least four years younger than the offender; or 30 (B) offender believes that the other person is under 16 years of 31 age and at least four years younger than the offender. 01 (b) In a prosecution under (a) of this section, it is not a defense that the person 02 solicited or shown in the picture was not actually a person under 16 years of age and at 03 least four years younger than the offender. 04 (c) In a prosecution under (a)(1) of this section, it is not necessary for the 05 prosecution to show that a picture was actually produced. 06 (d) The provisions of this section do not apply to acts 07 (1) that may reasonably be construed to be normal caretaker 08 responsibilities for a child, interactions with a child, or affection for a child; or 09 (2) performed for the purpose of administering a recognized and lawful 10 form of treatment that is reasonably adapted to promoting the physical or mental 11 health of the person being treated. 12 (e) In this section, "picture" has the meaning given in AS 11.61.123(e). 13 (f) Solicitation or production of an indecent picture of a minor is a 14 (1) class C felony if an offender 15 (A) violates (a)(1) of this section and the person solicited is 16 under 13 years of age; or 17 (B) violates (a)(2) of this section; 18 (2) class A misdemeanor if an offender violates (a)(1) of this section 19 and the person solicited is 13 years of age or older. 20 * Sec. 48. AS 11.71 is amended by adding a new section to read: 21 Sec. 11.71.021. Misconduct involving a controlled substance in the second 22 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 23 misconduct involving a controlled substance in the second degree if the person 24 (1) manufactures or delivers any amount of a schedule IA controlled 25 substance or possesses any amount of a schedule IA controlled substance with intent 26 to manufacture or deliver; 27 (2) manufactures any material, compound, mixture, or preparation that 28 contains 29 (A) methamphetamine, or its salts, isomers, or salts of isomers; 30 or 31 (B) an immediate precursor of methamphetamine, or its salts, 01 isomers, or salts of isomers; 02 (3) possesses an immediate precursor of methamphetamine, or the 03 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 04 with the intent to manufacture any material, compound, mixture, or preparation that 05 contains methamphetamine, or its salts, isomers, or salts of isomers; 06 (4) possesses a listed chemical with intent to manufacture any material, 07 compound, mixture, or preparation that contains 08 (A) methamphetamine, or its salts, isomers, or salts of isomers; 09 or 10 (B) an immediate precursor of methamphetamine, or its salts, 11 isomers, or salts of isomers; 12 (5) possesses methamphetamine in an organic solution with intent to 13 extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 14 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 15 delivers 16 (A) an immediate precursor of methamphetamine, or the salts, 17 isomers, or salts of isomers of the immediate precursor of methamphetamine, 18 to another person with reckless disregard that the precursor will be used to 19 manufacture any material, compound, mixture, or preparation that contains 20 methamphetamine, or its salts, isomers, or salts of isomers; or 21 (B) a listed chemical to another person with reckless disregard 22 that the listed chemical will be used to manufacture any material, compound, 23 mixture, or preparation that contains 24 (i) methamphetamine, or its salts, isomers, or salts of 25 isomers; 26 (ii) an immediate precursor of methamphetamine, or its 27 salts, isomers, or salts of isomers; or 28 (iii) methamphetamine, or its salts, isomers, or salts of 29 isomers in an organic solution. 30 (b) In a prosecution under (a) of this section, possession of more than six 31 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 01 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 02 the person intended to use the listed chemicals to manufacture, to aid or abet another 03 person to manufacture, or to deliver to another person who intends to manufacture 04 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 05 of methamphetamine or its immediate precursors. The prima facie evidence described 06 in this subsection does not apply to a person who possesses 07 (1) the listed chemicals ephedrine, pseudoephedrine, 08 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 09 (A) and the listed chemical was dispensed to the person under a 10 valid prescription; or 11 (B) in the ordinary course of a legitimate business, or an 12 employee of a legitimate business, as a 13 (i) retailer or as a wholesaler; 14 (ii) wholesale drug distributor licensed by the Board of 15 Pharmacy; 16 (iii) manufacturer of drug products licensed by the 17 Board of Pharmacy; 18 (iv) pharmacist licensed by the Board of Pharmacy; or 19 (v) health care professional licensed by the state; or 20 (2) less than 24 grams of ephedrine, pseudoephedrine, 21 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 22 kept in a locked storage area on the premises of a legitimate business or nonprofit 23 organization operating a camp, lodge, school, day care center, treatment center, or 24 other organized group activity, and the location or nature of the activity, or the age of 25 the participants, makes it impractical for the participants in the activity to obtain 26 medicinal products. 27 (c) In this section, "listed chemical" means a chemical described under 28 AS 11.71.200. 29 (d) Misconduct involving a controlled substance in the second degree is a 30 class A felony. 31 * Sec. 49. AS 11.71.030(a) is amended to read: 01 (a) Except as authorized in AS 17.30, a person commits the crime of 02 misconduct involving a controlled substance in the third [SECOND] degree if the 03 person 04 (1) manufactures or delivers, or possesses with intent to manufacture 05 or deliver, 06 (A) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of one gram or more containing a schedule 08 IA controlled substance; 09 (B) 25 or more tablets, ampules, or syrettes containing a 10 schedule IA controlled substance; 11 (C) one or more preparations, compounds, mixtures, or 12 substances of an aggregate weight of 2.5 grams or more containing a schedule 13 IIA or IIIA controlled substance; or 14 (D) 50 or more tablets, ampules, or syrettes containing a 15 schedule IIA or IIIA controlled substance; 16 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 17 substance to a person under 19 years of age who is at least three years younger than 18 the person delivering the substance; 19 (3) possesses any amount of a schedule IA or IIA controlled substance 20 (A) with reckless disregard that the possession occurs 21 (i) on or within 500 feet of school grounds; or 22 (ii) at or within 500 feet of a recreation or youth center; 23 or 24 (B) on a school bus; 25 (4) manufactures any material, compound, mixture, or preparation that 26 contains 27 (A) methamphetamine, or its salts, isomers, or salts of isomers; 28 or 29 (B) an immediate precursor of methamphetamine, or its salts, 30 isomers, or salts of isomers; 31 (5) possesses an immediate precursor of methamphetamine, or the 01 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 02 with the intent to manufacture any material, compound, mixture, or preparation that 03 contains methamphetamine, or its salts, isomers, or salts of isomers; 04 (6) possesses a listed chemical with intent to manufacture any material, 05 compound, mixture, or preparation that contains 06 (A) methamphetamine, or its salts, isomers, or salts of isomers; 07 or 08 (B) an immediate precursor of methamphetamine, or its salts, 09 isomers, or salts of isomers; 10 (7) possesses methamphetamine in an organic solution with intent to 11 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 12 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 13 delivers 14 (A) an immediate precursor of methamphetamine, or the salts, 15 isomers, or salts of isomers of the immediate precursor of methamphetamine, 16 to another person with reckless disregard that the precursor will be used to 17 manufacture any material, compound, mixture, or preparation that contains 18 methamphetamine, or its salts, isomers, or salts of isomers; or 19 (B) a listed chemical to another person with reckless disregard 20 that the listed chemical will be used to manufacture any material, compound, 21 mixture, or preparation that contains 22 (i) methamphetamine, or its salts, isomers, or salts of 23 isomers; 24 (ii) an immediate precursor of methamphetamine, or its 25 salts, isomers, or salts of isomers; or 26 (iii) methamphetamine or its salts, isomers, or salts of 27 isomers in an organic solution; or 28 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 29 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 30 substance or possesses any amount of a schedule IIA or IIIA controlled substance 31 with intent to manufacture or deliver. 01 * Sec. 50. AS 11.71.030(d) is amended to read: 02 (d) Misconduct involving a controlled substance in the third [SECOND] 03 degree is a class B felony. 04 * Sec. 51. AS 11.71.040(a) is amended to read: 05 (a) Except as authorized in AS 17.30 and AS 17.38, a person commits the 06 crime of misconduct involving a controlled substance in the fourth [THIRD] degree if 07 the person 08 (1) manufactures or delivers any amount of a schedule IVA or VA 09 controlled substance or possesses any amount of a schedule IVA or VA controlled 10 substance with intent to manufacture or deliver; 11 (2) manufactures or delivers, or possesses with the intent to 12 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 13 of an aggregate weight of one ounce or more containing a schedule VIA controlled 14 substance; 15 (3) possesses any amount of a schedule IA controlled substance listed 16 in AS 11.71.140(e); 17 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 18 (A) with reckless disregard that the possession occurs 19 (i) on or within 500 feet of school grounds; or 20 (ii) at or within 500 feet of a recreation or youth center; 21 or 22 (B) on a school bus; 23 (5) knowingly keeps or maintains any store, shop, warehouse, 24 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 25 keeping or distributing controlled substances in violation of a felony offense under this 26 chapter or AS 17.30; 27 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 28 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 29 mark, imprint, or device of another or any likeness of any of these on a drug, drug 30 container, or labeling so as to render the drug a counterfeit substance; 31 (7) knowingly uses in the course of the manufacture or distribution of a 01 controlled substance a registration number that is fictitious, revoked, suspended, or 02 issued to another person; 03 (8) knowingly furnishes false or fraudulent information in or omits 04 material information from any application, report, record, or other document required 05 to be kept or filed under AS 17.30; 06 (9) obtains possession of a controlled substance by misrepresentation, 07 fraud, forgery, deception, or subterfuge; 08 (10) affixes a false or forged label to a package or other container 09 containing any controlled substance; [OR] 10 (11) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, 12 (A) one or more preparations, compounds, mixtures, or 13 substances of an aggregate weight of less than one gram containing a schedule 14 IA controlled substance; 15 (B) less than 25 tablets, ampules, or syrettes containing a 16 schedule IA controlled substance; 17 (C) one or more preparations, compounds, mixtures, or 18 substances of an aggregate weight of less than 2.5 grams containing a schedule 19 IIA or IIIA controlled substance; or 20 (D) less than 50 tablets, ampules, or syrettes containing a 21 schedule IIA or IIIA controlled substance; or 22 (12) violates AS 11.71.050(a)(4) and, within the preceding 10 years, 23 has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or 24 ordinance in this or another jurisdiction with elements similar to 25 AS 11.71.050(a)(4). 26 * Sec. 52. AS 11.71.040(d) is amended to read: 27 (d) Misconduct involving a controlled substance in the fourth [THIRD] 28 degree is a class C felony. 29 * Sec. 53. AS 11.71.050 is amended to read: 30 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 31 [FOURTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person 01 commits the crime of misconduct involving a controlled substance in the fifth 02 [FOURTH] degree if the person 03 (1) manufactures or delivers, or possesses with the intent to 04 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 05 of an aggregate weight of less than one ounce containing a schedule VIA controlled 06 substance; 07 (2) [REPEALED] 08 (3) fails to make, keep, or furnish any record, notification, order form, 09 statement, invoice, or information required under AS 17.30; [OR] 10 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 11 11.71.040(a)(3), or 11.71.040(a)(4) [, OR 11.71.060(a)(2),] possesses any amount of a 12 schedule IA, IIA, IIIA, IVA, or VA [, OR VIA] controlled substance; or 13 (5) under circumstances not proscribed under AS 11.71.040(a)(4), 14 possesses one or more preparations, compounds, mixtures, or substances of an 15 aggregate weight of one ounce or more containing a schedule VIA controlled 16 substance. 17 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 18 degree is a class A misdemeanor. 19 * Sec. 54. AS 11.71.060 is amended to read: 20 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 21 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person 22 commits the crime of misconduct involving a controlled substance in the sixth 23 [FIFTH] degree if the person 24 (1) uses or displays any amount of a schedule VIA controlled 25 substance; 26 (2) possesses one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of 28 (A) less than one ounce containing a schedule VIA controlled 29 substance; 30 (B) six grams or less containing a schedule IIIA controlled 31 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 01 otherwise applied to tobacco, an herb, or another organic material; or 02 (3) refuses entry into a premise for an inspection authorized under 03 AS 17.30. 04 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 05 is a class B misdemeanor. 06 * Sec. 55. AS 11.71.311(a) is amended to read: 07 (a) A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4), 08 or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) [AS 11.71.030(a)(3), 09 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] if that person 10 (1) sought, in good faith, medical or law enforcement assistance for 11 another person who the person reasonably believed was experiencing a drug overdose 12 and 13 (A) the evidence supporting the prosecution for an offense 14 under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 15 11.71.060(a)(1) or (2) [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4), 16 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] was obtained or discovered as a 17 result of the person seeking medical or law enforcement assistance; 18 (B) the person remained at the scene with the other person until 19 medical or law enforcement assistance arrived; and 20 (C) the person cooperated with medical or law enforcement 21 personnel, including by providing identification; 22 (2) was experiencing a drug overdose and sought medical assistance, 23 and the evidence supporting a prosecution for an offense under AS 11.71.040(a)(3), 24 (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) [AS 11.71.030(a)(3), 25 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] was obtained as 26 a result of the overdose and the need for medical assistance. 27 * Sec. 56. AS 12.30.006(b) is amended to read: 28 (b) At the first appearance before a judicial officer, a person may be detained 29 up to 48 hours for the prosecuting authority to demonstrate that release of the person 30 under AS 12.30.011 would not reasonably ensure the appearance of the person or will 31 pose a danger to the victim, other persons, or the community, if the person has 01 (1) been charged with an unclassified, class A, class B, or class C 02 felony; or 03 (2) a criminal conviction or charge outside the state [THAT HAS NOT 04 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE 05 PRETRIAL RISK ASSESSMENT UNDER AS 33.07]. 06 * Sec. 57. AS 12.30.006(c) is amended to read: 07 (c) A person who remains in custody 48 hours after appearing before a judicial 08 officer because of inability to meet the conditions of release shall, upon application, be 09 entitled to have the conditions reviewed by the judicial officer who imposed them. If 10 the judicial officer who imposed the conditions of release is not available, any judicial 11 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 12 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 13 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 14 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 15 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 16 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 17 (1) APPEARANCE OF THE PERSON IN COURT; AND 18 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 19 COMMUNITY.] 20 * Sec. 58. AS 12.30.006(d) is amended to read: 21 (d) If a person remains in custody after review of conditions by a judicial 22 officer under (c) of this section, the person may request a subsequent review of 23 conditions. Unless the prosecuting authority stipulates otherwise or the person has 24 been incarcerated for a period equal to the maximum sentence for the most serious 25 charge for which the person is being held, a judicial officer may not schedule a bail 26 review hearing under this subsection unless 27 (1) the person provides to the court and the prosecuting authority a 28 written statement that new information not considered at the previous review will be 29 presented at the hearing; the statement must include a description of the information 30 and the reason the information was not presented at a previous hearing; in this 31 paragraph, "new information" includes the person's inability to post the required bail if 01 the person can show that the person made a good faith effort to post the required 02 bail; 03 (2) the prosecuting authority and any surety, if applicable, have at least 04 48 hours' [HOURS"] written notice before the time set for the review requested under 05 this subsection; the defendant shall notify the surety; and 06 (3) at least seven days have elapsed between the previous review and 07 the time set for the requested review; however, a person may receive only one bail 08 review hearing solely for inability to pay. 09 * Sec. 59. AS 12.30.011 is repealed and reenacted to read: 10 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 11 chapter, a judicial officer shall order a person charged with an offense to be released 12 on the person's personal recognizance or upon execution of an unsecured appearance 13 bond, on the condition that the person 14 (1) obey all court orders and all federal, state, and local laws; 15 (2) appear in court when ordered; 16 (3) if represented, maintain contact with the person's lawyer; and 17 (4) notify the person's lawyer, who shall notify the prosecuting 18 authority and the court, not more than 24 hours after the person changes residence. 19 (b) If a judicial officer determines that the release under (a) of this section will 20 not reasonably ensure the appearance of the person or will pose a danger to the victim, 21 other persons, or the community, the officer shall impose the least restrictive condition 22 or conditions that will reasonably ensure the person's appearance and protect the 23 victim, other persons, and the community. In addition to conditions under (a) of this 24 section, the judicial officer may, singly or in combination, 25 (1) require the execution of an appearance bond in a specified amount 26 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 27 of the amount of the bond; 28 (2) require the execution of a bail bond with sufficient solvent sureties 29 or the deposit of cash; 30 (3) require the execution of a performance bond in a specified amount 31 of cash to be deposited in the registry of the court; 01 (4) place restrictions on the person's travel, association, or residence; 02 (5) order the person to refrain from possessing a deadly weapon on the 03 person or in the person's vehicle or residence; 04 (6) require the person to maintain employment or, if unemployed, 05 actively seek employment; 06 (7) require the person to notify the person's lawyer and the prosecuting 07 authority within two business days after any change in employment; 08 (8) require the person to avoid all contact with a victim, a potential 09 witness, or a codefendant; 10 (9) require the person to refrain from the consumption and possession 11 of alcoholic beverages; 12 (10) require the person to refrain from the use of a controlled substance 13 as defined by AS 11.71, unless prescribed by a licensed health care provider with 14 prescriptive authority; 15 (11) require the person to be physically inside the person's residence, 16 or in the residence of the person's third-party custodian, at time periods set by the 17 court; 18 (12) require the person to keep regular contact with a law enforcement 19 officer or agency; 20 (13) order the person to refrain from entering or remaining in premises 21 licensed under AS 04; 22 (14) place the person in the custody of an individual who agrees to 23 serve as a third-party custodian of the person as provided in AS 12.30.021; 24 (15) if the person is under the treatment of a licensed health care 25 provider, order the person to follow the provider's treatment recommendations; 26 (16) order the person to take medication that has been prescribed for 27 the person by a licensed health care provider with prescriptive authority; 28 (17) order the person to submit to electronic monitoring; 29 (18) order the person to submit to a pretrial risk assessment by the 30 Department of Corrections under AS 33.07; 31 (19) order the person to submit to supervision by a pretrial services 01 officer under AS 33.07, which may include the use of electronic monitoring; 02 (20) order the person to comply with any other condition that is 03 reasonably necessary to ensure the appearance of the person and to ensure the safety 04 of the victim, other persons, and the community; and 05 (21) require the person to comply with a program established under 06 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 07 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 08 or a crime involving domestic violence. 09 (c) In determining the conditions of release under this chapter, the court shall 10 consider the following: 11 (1) the nature and circumstances of the offense charged; 12 (2) the weight of the evidence against the person; 13 (3) the nature and extent of the person's family ties and relationships; 14 (4) the person's employment status and history; 15 (5) the length and character of the person's past and present residence; 16 (6) the person's record of convictions and any pending criminal 17 charges; 18 (7) the person's record of appearance at court proceedings; 19 (8) assets available to the person to meet monetary conditions of 20 release; 21 (9) the person's reputation, character, and mental condition; 22 (10) the effect of the offense on the victim, any threats made to the 23 victim, and the danger that the person poses to the victim; 24 (11) any other facts that are relevant to the person's appearance or the 25 person's danger to the victim, other persons, or the community; and 26 (12) the pretrial risk assessment provided by a pretrial services officer, 27 if available. 28 (d) In making a finding regarding the release of a person under this chapter, 29 (1) except as otherwise provided in this chapter, the burden of proof is 30 on the prosecuting authority that a person charged with an offense should be detained 31 or released with conditions described in (b) of this section or AS 12.30.016; 01 (2) there is a rebuttable presumption that there is a substantial risk that 02 the person will not appear and the person poses a danger to the victim, other persons, 03 or the community, if the person is 04 (A) charged with an unclassified felony, a class A felony, a 05 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 06 (B) charged with a felony crime against a person under 07 AS 11.41, was previously convicted of a felony crime against a person under 08 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 09 five years have elapsed between the date of the person's unconditional 10 discharge on the immediately preceding offense and the commission of the 11 present offense; 12 (C) charged with a felony offense committed while the person 13 was on release under this chapter for a charge or conviction of another offense; 14 (D) charged with a crime involving domestic violence, and has 15 been convicted in the previous five years of a crime involving domestic 16 violence in this state or a similar offense in another jurisdiction; 17 (E) arrested in connection with an accusation that the person 18 committed a felony outside the state or is a fugitive from justice from another 19 jurisdiction, and the court is considering release under AS 12.70. 20 (e) If the supreme court establishes a schedule of bail amounts or conditions of 21 release for misdemeanor offenses, the schedule must include a condition providing 22 that a correctional facility shall, at the time of release, conduct a chemical test of the 23 breath of a person who has been arrested and who is intoxicated and shall detain the 24 person until the test result indicates that the person's breath has less than 0.08 grams of 25 alcohol for each 210 liters of breath or, with the consent of the person, release the 26 person to another person who is willing and able to provide care for the person. 27 * Sec. 60. AS 12.30.021(a) is amended to read: 28 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 29 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 30 RECORD,] that the appointment will, singly or in combination with other 31 conditions, 01 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 02 AVAILABLE IN THE PERSON'S LOCATION; 03 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 04 HAVE BEEN ORDERED; AND 05 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 06 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 07 the victim, other persons, and the community. 08 * Sec. 61. AS 12.30.021(c) is amended to read: 09 (c) A judicial officer may not appoint a person as a third-party custodian if 10 (1) the proposed custodian is acting as a third-party custodian for 11 another person; 12 (2) the proposed custodian has been unconditionally discharged 13 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a 14 crime under AS 11.41, or a similar crime in this or another jurisdiction; 15 (3) criminal charges are pending in this state or another jurisdiction 16 against the proposed custodian; 17 (4) the proposed custodian is on probation in this state or another 18 jurisdiction for an offense; 19 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 20 STATE WILL CALL] the proposed custodian may be called as a witness in the 21 prosecution of the person; 22 (6) the proposed custodian resides out of state; however, a nonresident 23 may serve as a custodian if the nonresident resides in the state while serving as 24 custodian. 25 * Sec. 62. AS 12.55.015 is amended by adding a new subsection to read: 26 (l) In making a determination under (a)(12) of this section for a defendant 27 convicted of a crime involving a sex offense as defined in AS 12.63.100 or a crime 28 involving domestic violence as defined in AS 18.66.990, there is a presumption that, 29 unless the court finds on the record that contact between a defendant and the victim of 30 the offense is necessary, the court shall order the defendant to have no contact, either 31 directly or indirectly, with the victim until the defendant is unconditionally discharged. 01 * Sec. 63. AS 12.55.025(c) is amended to read: 02 (c) Except as provided in (d) of this section, when a defendant is sentenced to 03 imprisonment, the term of confinement commences on the date of imposition of 04 sentence unless the court specifically provides that the defendant must report to serve 05 the sentence on another date. If the court provides another date to begin the term of 06 confinement, the court shall provide the defendant with written notice of the date, 07 time, and location of the correctional facility to which the defendant must report. A 08 defendant shall receive credit for time spent in custody pending trial, sentencing, or 09 appeal, if the detention was in connection with the offense for which the sentence was 10 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 11 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 12 actual time spent in custody pending trial, sentencing, or appeal. The time during 13 which a defendant is voluntarily absent from official detention after the defendant has 14 been sentenced may not be credited toward service of the sentence. 15 * Sec. 64. AS 12.55.025 is amended by adding a new subsection to read: 16 (m) When imposing a sentence for conviction of a felony offense or a 17 sentence of imprisonment exceeding 90 days or, upon a conviction of a violation of 18 AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with 19 AS 04.21.010, the court shall orally state on the record the terms of the sentence of 20 imprisonment imposed and the approximate minimum sentence that must be served 21 before the defendant may be eligible for mandatory parole and that the period of active 22 incarceration may be reduced under other provisions of law. 23 * Sec. 65. AS 12.55.027(f) is amended to read: 24 (f) To qualify as a treatment program under this section, a program must 25 (1) be intended to address criminogenic traits or behaviors; 26 (2) provide measures of progress or completion; and 27 (3) require notification to the prosecuting authority, pretrial services 28 officer, [OFFICE] or probation officer if the person is discharged from the program 29 for noncompliance. 30 * Sec. 66. AS 12.55.027 is amended by adding a new subsection to read: 31 (i) A court granting credit against a sentence of imprisonment under (a) of this 01 section may grant credit of not more than 365 days against the total term of 02 imprisonment imposed. 03 * Sec. 67. AS 12.55.051(a) is amended to read: 04 (a) If the defendant defaults in the payment of a fine or any installment or of 05 restitution or any installment, the court may order the defendant to show cause why 06 the defendant should not be sentenced to imprisonment for nonpayment and, if the 07 payment was made a condition of the defendant's probation, may revoke the probation 08 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 09 contempt or probation revocation proceeding brought as a result of failure to pay a 10 fine or restitution, it is an affirmative defense that the defendant was unable to pay 11 despite having made continuing good faith efforts to pay the fine or restitution. If the 12 court finds that the defendant was unable to pay despite having made continuing good 13 faith efforts, the defendant may not be imprisoned solely because of the inability to 14 pay. If the court does not find that the default was attributable to the defendant's 15 inability to pay despite having made continuing good faith efforts to pay the fine or 16 restitution, the court may order the defendant imprisoned until the order of the court 17 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 18 imprisonment imposed under this section may not exceed one day for each $50 of the 19 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 20 be given toward satisfaction of the order of the court for every day a person is 21 incarcerated for nonpayment of a fine or restitution. 22 * Sec. 68. AS 12.55.090(c) is amended to read: 23 (c) The period of probation, together with any extension, may not exceed 24 (1) 25 [15] years for a felony sex offense; or 25 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 26 UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION; 27 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 28 OR (2) OF THIS SUBSECTION; 29 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 30 (A) UNDER AS 11.41; 31 (B) THAT IS A CRIME INVOLVING DOMESTIC 01 VIOLENCE; OR 02 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 03 DEFINED IN AS 12.63.100; 04 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 05 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 06 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 07 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 08 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 09 THIS SUBSECTION]. 10 * Sec. 69. AS 12.55.090(g) is amended to read: 11 (g) At the discretion of the probation officer, a [A] probation officer may 12 [SHALL] recommend to the court that probation be terminated and a defendant be 13 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 (4) [(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. 70. AS 12.55.125(c) is amended to read: 02 (c) Except as provided in (i) of this section, a defendant convicted of a class A 03 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 04 and shall be sentenced to a definite term within the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (2) of this subsection, four [THREE] to seven [SIX] years; 08 (2) if the offense is a first felony conviction 09 (A) and the defendant 10 [(A)] possessed a firearm, used a dangerous instrument, or 11 caused serious physical injury or death during the commission of the offense, 12 [FIVE TO NINE YEARS;] or 13 [(B)] knowingly directed the conduct constituting the offense at 14 a uniformed or otherwise clearly identified peace officer, firefighter, 15 correctional employee, emergency medical technician, paramedic, ambulance 16 attendant, or other emergency responder who was engaged in the performance 17 of official duties at the time of the offense, seven to 11 years; 18 (B) and the conviction is for manufacturing related to 19 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 20 (i) the manufacturing occurred in a building with 21 reckless disregard that the building was used as a permanent or 22 temporary home or place of lodging for one or more children 23 under 18 years of age or the building was a place frequented by 24 children; or 25 (ii) in the course of manufacturing or in preparation 26 for manufacturing, the defendant obtained the assistance of one or 27 more children under 18 years of age or one or more children were 28 present; 29 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 30 years; 31 (4) if the offense is a third felony conviction and the defendant is not 01 subject to sentencing under (l) of this section, 15 [13] to 20 years. 02 * Sec. 71. AS 12.55.125(d) is amended to read: 03 (d) Except as provided in (i) of this section, a defendant convicted of a class B 04 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 05 and shall be sentenced to a definite term within the following presumptive ranges, 06 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (1) if the offense is a first felony conviction and does not involve 08 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 09 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 10 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 11 probation under AS 12.55.086, the defendant is required to serve an active term 12 of imprisonment within the range specified in this paragraph, unless the court 13 finds that a mitigation factor under AS 12.55.155 applies; 14 (2) if the offense is a first felony conviction, 15 (A) the defendant violated AS 11.41.130, and the victim was 16 [(A)] a child under 16 years of age, two to four years; [OR] 17 (B) two to four years if the conviction is for attempt, 18 solicitation, or conspiracy to manufacture related to methamphetamine 19 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 20 (i) the attempted manufacturing occurred, or the 21 solicited or conspired offense was to have occurred, in a building 22 with reckless disregard that the building was used as a permanent 23 or temporary home or place of lodging for one or more children 24 under 18 years of age or the building was a place frequented by 25 children; or 26 (ii) in the course of an attempt to manufacture, the 27 defendant obtained the assistance of one or more children under 18 28 years of age or one or more children were present [WAS 16 YEARS 29 OF AGE OR OLDER, ONE TO THREE YEARS]; 30 (3) if the offense is a second felony conviction, three [TWO] to seven 31 [FIVE] years; 01 (4) if the offense is a third felony conviction, six [FOUR] to 10 years. 02 * Sec. 72. AS 12.55.125(e) is amended to read: 03 (e) Except as provided in (i) of this section, a defendant convicted of a class C 04 felony may be sentenced to a definite term of imprisonment of not more than five 05 years, and shall be sentenced to a definite term within the following presumptive 06 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (1) if the offense is a first felony conviction and does not involve 08 circumstances described in (4) of this subsection, zero to two years; a defendant 09 sentenced under this paragraph may, if the court finds it appropriate, be granted a 10 suspended imposition of sentence under AS 12.55.085, and the court may, as a 11 condition of probation under AS 12.55.086, require the defendant to serve an active 12 term of imprisonment within the range specified in this paragraph; 13 (2) if the offense is a second felony conviction, two [ONE] to four 14 years; 15 (3) if the offense is a third felony conviction, three [TWO] to five 16 years; 17 (4) if the offense is a first felony conviction, and the defendant violated 18 AS 08.54.720(a)(15), one to two years. 19 * Sec. 73. AS 12.55.125(i) is amended to read: 20 (i) A defendant convicted of 21 (1) sexual assault in the first degree, sexual abuse of a minor in the 22 first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex 23 trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite 24 term of imprisonment of not more than 99 years and shall be sentenced to a definite 25 term 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, the offense does 28 not involve circumstances described in (B) of this paragraph, and the victim 29 was 30 (i) less than 13 years of age, 25 to 35 years; 31 (ii) 13 years of age or older, 20 to 30 years; 01 (B) if the offense is a first felony conviction and the defendant 02 possessed a firearm, used a dangerous instrument, or caused serious physical 03 injury during the commission of the offense, 25 to 35 years; 04 (C) if the offense is a second felony conviction and does not 05 involve circumstances described in (D) of this paragraph, 30 to 40 years; 06 (D) if the offense is a second felony conviction and the 07 defendant has a prior conviction for a sexual felony, 35 to 45 years; 08 (E) if the offense is a third felony conviction and the defendant 09 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 10 to 60 years; 11 (F) if the offense is a third felony conviction, the defendant is 12 not subject to sentencing under (l) of this section, and the defendant has two 13 prior convictions for sexual felonies, 99 years; 14 (2) unlawful exploitation of a minor under AS 11.41.455(c)(1), 15 [AS 11.41.455(c)(2), ONLINE] enticement of a minor under AS 11.41.452(e), or 16 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual 17 abuse of a minor in the first degree, or sex trafficking in the first degree under 18 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 19 than 99 years and shall be sentenced to a definite term within the following 20 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 21 (A) if the offense is a first felony conviction, the offense does 22 not involve circumstances described in (B) of this paragraph, and the victim 23 was 24 (i) under 13 years of age, 20 to 30 years; 25 (ii) 13 years of age or older, 15 to 30 years; 26 (B) if the offense is a first felony conviction and the defendant 27 possessed a firearm, used a dangerous instrument, or caused serious physical 28 injury during the commission of the offense, 25 to 35 years; 29 (C) if the offense is a second felony conviction and does not 30 involve circumstances described in (D) of this paragraph, 25 to 35 years; 31 (D) if the offense is a second felony conviction and the 01 defendant has a prior conviction for a sexual felony, 30 to 40 years; 02 (E) if the offense is a third felony conviction, the offense does 03 not involve circumstances described in (F) of this paragraph, and the defendant 04 is not subject to sentencing under (l) of this section, 35 to 50 years; 05 (F) if the offense is a third felony conviction, the defendant is 06 not subject to sentencing under (l) of this section, and the defendant has two 07 prior convictions for sexual felonies, 99 years; 08 (3) sexual assault in the second degree, sexual abuse of a minor in the 09 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), indecent 10 exposure in the first degree under AS 11.41.458(b)(2) [UNLAWFUL 11 EXPLOITATION OF A MINOR UNDER AS 11.41.455(c)(1)], or distribution of 12 child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of 13 imprisonment of not more than 99 years and shall be sentenced to a definite term 14 within the following presumptive ranges, subject to adjustment as provided in 15 AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction, five to 15 years; 17 (B) if the offense is a second felony conviction and does not 18 involve circumstances described in (C) of this paragraph, 10 to 25 years; 19 (C) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 15 to 30 years; 21 (D) if the offense is a third felony conviction and does not 22 involve circumstances described in (E) of this paragraph, 20 to 35 years; 23 (E) if the offense is a third felony conviction and the defendant 24 has two prior convictions for sexual felonies, 99 years; 25 (4) sexual assault in the third degree, sexual abuse of a minor in the 26 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree 27 under AS 11.41.458(b)(1), indecent viewing or production of a picture under 28 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child 29 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 30 commit sexual assault in the second degree, sexual abuse of a minor in the second 31 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 01 sentenced to a definite term of imprisonment of not more than 99 years and shall be 02 sentenced to a definite term within the following presumptive ranges, subject to 03 adjustment as provided in AS 12.55.155 - 12.55.175: 04 (A) if the offense is a first felony conviction and does not 05 involve the circumstances described in (B) or (C) of this paragraph, two to 06 12 years; 07 (B) if the offense is a first felony conviction under 08 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of 09 this paragraph, four to 12 years; 10 (C) if the offense is a first felony conviction under 11 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or 12 create a mechanism for multi-party sharing or distribution of child 13 pornography, or received a financial benefit or had a financial interest in 14 a child pornography sharing or distribution mechanism, six to 14 years; 15 (D) if the offense is a second felony conviction and does not 16 involve circumstances described in (E) [(C)] of this paragraph, eight to 15 17 years; 18 (E) [(C)] if the offense is a second felony conviction and the 19 defendant has a prior conviction for a sexual felony, 12 to 20 years; 20 (F) [(D)] if the offense is a third felony conviction and does not 21 involve circumstances described in (G) [(E)] of this paragraph, 15 to 25 years; 22 (G) [(E)] if the offense is a third felony conviction and the 23 defendant has two prior convictions for sexual felonies, 99 years. 24 * Sec. 74. AS 12.55.125(q) is amended to read: 25 (q) Other than for convictions subject to a mandatory 99-year sentence, the 26 court shall impose, in addition to an active term of imprisonment imposed under (i) of 27 this section, a minimum period of (1) suspended imprisonment of five years and a 28 minimum period of probation supervision of 15 years for conviction of an unclassified 29 felony, (2) suspended imprisonment of three years and a minimum period of probation 30 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 31 imprisonment of two years and a minimum period of probation supervision of five 01 years for conviction of a class C felony. The period of probation is in addition to any 02 sentence received under (i) of this section and may not be suspended or reduced. 03 Upon a defendant's release from confinement in a correctional facility, the 04 defendant is subject to the probation requirement under this subsection and shall 05 submit and comply with the terms and requirements of the probation. 06 * Sec. 75. AS 12.55.135(a) is amended to read: 07 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 08 definite term of imprisonment of not more than 09 [(1)] one year [, IF THE 10 (A) CONVICTION IS FOR A CRIME WITH A 11 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 12 IMPRISONMENT; 13 (B) TRIER OF FACT FINDS THE AGGRAVATING 14 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 15 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 16 DEFINITION OF THE OFFENSE; 17 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS 18 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 19 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 20 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 21 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 22 DEGREE UNDER AS 11.41.230; OR 23 (E) CONVICTION IS FOR A VIOLATION OF 24 (i) AS 11.41.427; 25 (ii) AS 11.41.440; 26 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 27 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; 28 (iv) AS 11.61.116(c)(2); OR 29 (v) AS 11.61.118(a)(2); OR 30 (2) 30 DAYS]. 31 * Sec. 76. AS 12.55.135(b) is amended to read: 01 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 02 definite term of imprisonment of not more than 90 03 [(1) 10] days unless otherwise specified in the provision of law 04 defining the offense [OR IN THIS SECTION; 05 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 06 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 07 OF AGE OR OLDER; OR 08 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 09 AGE OR OLDER; OR 10 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 11 AS 11.56.757]. 12 * Sec. 77. AS 12.55.145(a) is amended to read: 13 (a) For purposes of considering prior convictions in imposing sentence under 14 (1) AS 12.55.125(c), (d), or (e), 15 (A) a prior conviction may not be considered if a period of 10 16 or more years has elapsed between the date of the defendant's unconditional 17 discharge on the immediately preceding offense and commission of the present 18 offense unless the prior conviction was for an unclassified or class A felony; 19 (B) a conviction in this or another jurisdiction of an offense 20 having elements similar to those of a felony defined as such under Alaska law 21 at the time the offense was committed is considered a prior felony conviction; 22 (C) two or more convictions arising out of a single, continuous 23 criminal episode during which there was no substantial change in the nature of 24 the criminal objective are considered a single conviction unless the defendant 25 was sentenced to consecutive sentences for the crimes; offenses committed 26 while attempting to escape or avoid detection or apprehension after the 27 commission of another offense are not part of the same criminal episode or 28 objective; 29 (2) AS 12.55.125(l), 30 (A) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a most serious felony is considered a prior 01 most serious felony conviction; 02 (B) commission of and conviction for offenses relied on as 03 prior most serious felony offenses must occur in the following order: 04 conviction for the first offense must occur before commission of the second 05 offense, and conviction for the second offense must occur before commission 06 of the offense for which the defendant is being sentenced; 07 (3) AS 12.55.135(g), 08 (A) a prior conviction may not be considered if a period of five 09 or more years has elapsed between the date of the defendant's unconditional 10 discharge on the immediately preceding offense and commission of the present 11 offense unless the prior conviction was for an unclassified or class A felony; 12 (B) a conviction in this or another jurisdiction of an offense 13 having elements similar to those of a crime against a person or a crime 14 involving domestic violence is considered a prior conviction; 15 (C) two or more convictions arising out of a single, continuous 16 criminal episode during which there was no substantial change in the nature of 17 the criminal objective are considered a single conviction unless the defendant 18 was sentenced to consecutive sentences for the crimes; offenses committed 19 while attempting to escape or avoid detection or apprehension after the 20 commission of another offense are not part of the same criminal episode or 21 objective; 22 (4) AS 12.55.125(i), 23 (A) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a sexual felony is a prior conviction for a 25 sexual felony; 26 (B) a felony conviction in another jurisdiction making it a 27 crime to commit any lewd and lascivious act on [UPON] a child under the age 28 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual 29 desires of the defendant or the victim is a prior conviction for a sexual felony; 30 (C) two or more convictions arising out of a single, continuous 31 criminal episode during which there was no substantial change in the nature of 01 the criminal objective are considered a single conviction unless the defendant 02 was sentenced to consecutive sentences for the crimes; offenses committed 03 while attempting to escape or avoid detection or apprehension after the 04 commission of another offense are not part of the same criminal episode or 05 objective; 06 (D) a conviction in this or another jurisdiction of an offense 07 having elements similar to those of a felony defined as such under Alaska 08 law at the time the offense was committed is considered a prior felony 09 conviction 10 [(5) AS 12.55.135(a), 11 (A) A PRIOR CONVICTION MAY NOT BE CONSIDERED 12 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN 13 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE 14 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION 15 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS 16 FOR AN UNCLASSIFIED OR CLASS A FELONY; 17 (B) A CONVICTION IN THIS OR ANOTHER 18 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO 19 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH 20 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS 21 COMMITTED IS CONSIDERED A PRIOR CONVICTION; 22 (C) TWO OR MORE CONVICTIONS ARISING OUT OF A 23 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE 24 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE 25 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION 26 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE 27 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE 28 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR 29 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE 30 ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE]. 31 * Sec. 78. AS 12.55.185(10) is amended to read: 01 (10) "most serious felony" means 02 (A) arson in the first degree, sex trafficking in the first degree 03 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 04 AS 11.41.452(e), or any unclassified or class A felony prescribed under 05 AS 11.41; or 06 (B) an attempt, or conspiracy to commit, or criminal 07 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 08 AS 11.41; 09 * Sec. 79. AS 12.55.185(16) is amended to read: 10 (16) "sexual felony" means sexual assault in the first degree, sexual 11 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 12 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 13 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 14 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 15 distribution of child pornography, sexual assault in the third degree, incest, indecent 16 exposure in the first degree, possession of child pornography, [ONLINE] enticement 17 of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes; 18 * Sec. 80. AS 12.61.015 is amended by adding a new subsection to read: 19 (d) The prosecuting attorney shall notify a victim of a sex offense as defined 20 in AS 12.63.100 or crime involving domestic violence as defined in AS 18.66.990 if, 21 before trial, the offender of the victim is discharged from a treatment program for 22 noncompliance. 23 * Sec. 81. AS 12.61.050 is amended by adding a new subsection to read: 24 (c) Through the automated victim notification system established in (a) of this 25 section, the Department of Corrections shall notify a victim of a sex offense as defined 26 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of 27 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and 28 provide contact information for state victim resources, including the Council on 29 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence 30 and Sexual Assault, the office of victims' rights, and the Violent Crimes Compensation 31 Board. This notification must occur when the offender of the victim is released from 01 incarceration or when the order under AS 12.55.015(l) expires, whichever is later. 02 * Sec. 82. AS 12.63.010(d) is amended to read: 03 (d) A sex offender or child kidnapper required to register 04 (1) for 15 years under (a) of this section and AS 12.63.020 05 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 06 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 07 kidnapper's initial registration, provide written verification to the department, in the 08 manner required by the department, of the sex offender's or child kidnapper's address 09 and notice of any changes to the information previously provided under (b)(1) of this 10 section; 11 (2) for life under (a) of this section and AS 12.63.020 12 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 13 provide written verification to the department, in the manner required by the 14 department, of the sex offender's or child kidnapper's address and any changes to the 15 information previously provided under (b)(1) of this section. 16 * Sec. 83. AS 12.63.020 is amended to read: 17 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 18 register. (a) The duty of a sex offender or child kidnapper to comply with the 19 requirements of AS 12.63.010 is as follows: 20 (1) for a sex offender or child kidnapper, as that term is defined in 21 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 22 (A) [(1)] continues for the lifetime of a sex offender or child 23 kidnapper convicted of 24 (i) [(A)] one aggravated sex offense; or 25 (ii) [(B)] two or more sex offenses, two or more child 26 kidnappings, or one sex offense and one child kidnapping; for purposes 27 of this section, a person convicted of indecent exposure before a person 28 under 16 years of age under AS 11.41.460 more than two times has 29 been convicted of two or more sex offenses; 30 (B) [(2)] ends 15 years following the sex offender's or child 31 kidnapper's unconditional discharge from a conviction for a single sex offense 01 that is not an aggravated sex offense or for a single child kidnapping if the sex 02 offender or child kidnapper has supplied proof that is acceptable to the 03 department of the unconditional discharge; the registration period under this 04 subparagraph 05 (i) [PARAGRAPH (A)] is tolled for each year that a 06 sex offender or child kidnapper [(i)] fails to comply with the 07 requirements of this chapter or [; (ii)] is incarcerated for the offense or 08 kidnapping for which the offender or kidnapper is required to register 09 or for any other offense; 10 (ii) [(B)] may include the time a sex offender or child 11 kidnapper was absent from this state if the sex offender or child 12 kidnapper has complied with any sex offender or child kidnapper 13 registration requirements of the jurisdiction in which the offender or 14 kidnapper was located and if the sex offender or child kidnapper 15 provides the department with proof of the compliance while the sex 16 offender or child kidnapper was absent from this state; and 17 (iii) [(C)] continues for a sex offender or child 18 kidnapper who has not supplied proof acceptable to the department of 19 the offender's or kidnapper's unconditional discharge for the sex 20 offense or child kidnapping requiring registration; 21 (2) for a sex offender or child kidnapper, as that term is defined in 22 AS 12.63.100(6)(B), the duty continues for the period determined by the 23 department under (b) of this section. 24 (b) The department shall adopt, by regulation, 25 (1) procedures to notify a sex offender or child kidnapper 26 (A) who, on the registration form under AS 12.63.010, lists a 27 conviction for a sex offense or child kidnapping that is a violation of a former 28 law of this state or a law of another jurisdiction, of the duration of the 29 offender's or kidnapper's duty under (a) of this section for that sex offense or 30 child kidnapping; 31 (B) as that term is defined in AS 12.63.100(6)(B), of the 01 duration of the sex offender or child kidnapper's duty under (a) of this 02 section; in adopting regulations under this subparagraph, the department 03 shall 04 (i) consider the period of registration required in the 05 other jurisdiction; and 06 (ii) provide for tolling of the registration period if 07 the sex offender or child kidnapper fails to comply with the 08 requirements of this chapter or is incarcerated; 09 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 10 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 11 proof acceptable to the department of unconditional discharge and the date it occurred. 12 * Sec. 84. AS 12.63.100(6) is amended to read: 13 (6) "sex offender or child kidnapper" means 14 (A) a person convicted of a sex offense or child kidnapping in 15 this state or another jurisdiction regardless of whether the conviction occurred 16 before, after, or on January 1, 1999; or 17 (B) a person charged and convicted as an adult of an 18 offense that requires registration as a sex offender or child kidnapper in 19 another jurisdiction; 20 * Sec. 85. AS 12.63.100(7) is amended to read: 21 (7) "sex offense" means 22 (A) a crime under AS 11.41.100(a)(3), or a similar law of 23 another jurisdiction, in which the person committed or attempted to commit a 24 sexual offense, or a similar offense under the laws of the other jurisdiction; in 25 this subparagraph, "sexual offense" has the meaning given in 26 AS 11.41.100(a)(3); 27 (B) a crime under AS 11.41.110(a)(3), or a similar law of 28 another jurisdiction, in which the person committed or attempted to commit 29 one of the following crimes, or a similar law of another jurisdiction: 30 (i) sexual assault in the first degree; 31 (ii) sexual assault in the second degree; 01 (iii) sexual abuse of a minor in the first degree; or 02 (iv) sexual abuse of a minor in the second degree; 03 (C) a crime, or an attempt, solicitation, or conspiracy to commit 04 a crime, under the following statutes or a similar law of another jurisdiction: 05 (i) AS 11.41.410 - 11.41.438; 06 (ii) AS 11.41.440(a)(2); 07 (iii) AS 11.41.450 - 11.41.458; 08 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 09 exposure is before a person under 16 years of age and the offender has 10 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 11 (v) AS 11.61.125 - 11.61.128; 12 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 13 AS 26.05.900(b) if the person who was induced or caused to engage in 14 prostitution was under 20 years of age at the time of the offense; 15 (vii) former AS 11.15.120, former 11.15.134, or assault 16 with the intent to commit rape under former AS 11.15.160, former 17 AS 11.40.110, or former 11.40.200; 18 (viii) AS 11.61.118(a)(2) if the offender has a previous 19 conviction for that offense; 20 (ix) AS 11.66.100(a)(2) if the offender is subject to 21 punishment under AS 11.66.100(e); 22 (x) AS 26.05.890 if the person engaged in sexual 23 penetration or sexual contact with the victim; 24 (xi) AS 26.05.890 if, at the time of the offense, the 25 victim is under a duty to obey the lawful orders of the offender, 26 regardless of whether the offender is in the direct chain of command 27 over the victim; 28 (xii) AS 26.05.893 if the person engaged in sexual 29 penetration or sexual contact with the victim; 30 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 31 years of age at the time of the offense; [OR] 01 (xiv) AS 26.05.900 if, at the time of the offense, the 02 victim is under a duty to obey the lawful orders of the offender, 03 regardless of whether the offender is in the direct chain of command 04 over the victim; or 05 (xv) AS 11.61.123 if the offender is subject to 06 punishment under AS 11.61.123(f)(1) or (2); 07 (D) an offense, or an attempt, solicitation, or conspiracy to 08 commit an offense, under AS 26.05.935(b), or a similar law of another 09 jurisdiction, if the member of the militia commits one of the following 10 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 11 Code of Military Justice): 12 (i) child pornography; or 13 (ii) pandering and prostitution if the person who is 14 induced, enticed, caused, or procured to engage in a sexual act is under 15 20 years of age at the time of the offense; or 16 (E) an offense in which the person is required to register as 17 a sex offender under the laws of another jurisdiction; 18 * Sec. 86. AS 12.70.130 is amended to read: 19 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 20 lawfully made by a peace officer or a private person without a warrant upon 21 reasonable information that the accused stands charged in the courts of another state 22 with a crime punishable by death or imprisonment for a term exceeding one year, but 23 when arrested the accused must be taken before a judge or magistrate without 24 unnecessary delay and, in any event, within 24 hours after arrest, absent compelling 25 circumstances, including Sundays and holidays, and complaint shall be made against 26 the accused under oath setting out the ground for the arrest as in AS 12.70.120. [THE 27 HEARING BEFORE THE JUDGE OR MAGISTRATE MAY NOT TAKE PLACE 28 MORE THAN 48 HOURS AFTER ARREST.] Thereafter the answer of the accused 29 shall be heard as if the accused had been arrested on a warrant. 30 * Sec. 87. AS 18.65.670(a) is amended to read: 31 (a) There is created in the Department of Public Safety a village public safety 01 officer program to assist local governments and villages through nonprofit regional 02 corporations, Alaska Native organizations, or municipalities to appoint, train, 03 supervise, and retain persons to serve as village public safety officers to administer 04 functions relative to 05 (1) the protection of life and property in rural areas of the state; and 06 (2) providing probation and parole supervision to persons under 07 supervision by communicating with and monitoring the activities and progress of these 08 persons at the direction of probation and parole officers. 09 * Sec. 88. AS 18.65.670(b) is amended to read: 10 (b) With funds appropriated for that purpose, the commissioner of public 11 safety shall provide grants to nonprofit regional corporations and Alaska Native 12 organizations for village public safety officers. If a nonprofit regional corporation for 13 a rural area or Alaska Native organization declines a grant under this subsection, the 14 commissioner may provide the grant to a municipality with a population of less than 15 10,000 willing to administer the grant for the rural area. Before awarding a grant to a 16 municipality, the commissioner shall consult with the nonprofit regional corporation 17 or Alaska Native organization that declined the grant. The commissioner of public 18 safety shall coordinate with the commissioner of corrections when providing grants 19 under this section, and the commissioners shall jointly execute an agreement with the 20 nonprofit regional corporations, Alaska Native organizations, or municipalities, as 21 appropriate. 22 * Sec. 89. AS 18.65.670(c) is amended to read: 23 (c) The commissioner of public safety may adopt regulations related to village 24 public safety officers, including minimum standards and training, criteria for 25 participation by a community, a municipality, an Alaska Native organization, or a 26 corporation [PARTICIPATION], and the interaction between the Department of 27 Public Safety and village public safety officers. Regulations adopted by the 28 commissioner of public safety under this subsection may not prohibit village public 29 safety officers who otherwise meet minimum standards and training from carrying 30 firearms. If the commissioner of public safety adopts regulations regarding training for 31 village public safety officers, at a minimum, that training must include disability 01 training that provides training in the subjects set out in AS 18.65.220(3). The 02 commissioner of corrections may adopt regulations related to the functions of village 03 public safety officers providing probation and parole supervision. 04 * Sec. 90. AS 18.65.670(e) is amended to read: 05 (e) In this section, 06 (1) "Alaska Native organization" means an organization listed in 07 AS 47.27.070(a); 08 (2) "rural area" means a community with a population of less than 09 1,000 within 10 (A) [(1)] the unorganized borough; or 11 (B) [(2)] a borough, if the community is not connected by road 12 to Anchorage or Fairbanks. 13 * Sec. 91. AS 28.15.161(a) is amended to read: 14 (a) The department shall cancel a driver's license upon determination that 15 (1) the licensee is not medically or otherwise entitled to the issuance or 16 retention of the license, or has been adjudged incompetent to drive a motor vehicle; 17 (2) there is an error or defect in the license; 18 (3) the licensee failed to give the required or correct information in the 19 licensee's application; 20 (4) the license was obtained fraudulently; 21 (5) the licensee is restricted from purchasing alcoholic beverages under 22 AS 04.16.160; if a license is cancelled under this paragraph, when a new license is 23 issued, it must reflect that restriction and the requirements of AS 28.15.111 if the 24 period of restriction under AS 04.16.160 is still in effect; [OR] 25 (6) the licensee has a license issued under AS 28.15.046 and has been 26 convicted of an offense described in AS 28.15.046(c) or (d) that would disqualify the 27 licensee from obtaining a license under that section; or 28 (7) the licensee owes $1,000 or more in unpaid fines for offenses 29 involving a moving motor vehicle and failed to 30 (A) pay the fines in full as required by the court; or 31 (B) make payments in good faith on the unpaid balance of 01 the fines under a payment plan established by the department. 02 * Sec. 92. AS 28.15.291(a) is amended to read: 03 (a) A person commits the crime of driving while license canceled, suspended, 04 revoked, or in violation of a limitation if the person drives 05 (1) a motor vehicle on a highway or vehicular way or area at a time 06 when that person's driver's license, privilege to drive, or privilege to obtain a license 07 has been canceled, suspended, or revoked under circumstances described in 08 AS 28.15.181 or 28.15.182 [AS 28.15.181(c)] or a similar law in another jurisdiction; 09 (2) a motor vehicle on a highway or vehicular way or area at a time 10 when that person's driver's license, privilege to drive, or privilege to obtain a license 11 has been canceled, suspended, or revoked under circumstances other than those 12 described in (1) of this subsection; or 13 (3) in violation of a limitation placed on that person's license or 14 privilege to drive in this or another jurisdiction. 15 * Sec. 93. AS 28.15.291(b) is amended to read: 16 (b) Driving while license canceled, suspended, revoked, or in violation of a 17 limitation is 18 (1) a class A misdemeanor if the person 19 (A) violates (a)(1) of this section; upon conviction, the court 20 shall impose a minimum sentence of imprisonment of not less than 10 days 21 (i) [(A)] with 10 days suspended if the person has not 22 been previously convicted under (a)(1) of this section or a similar law 23 of another jurisdiction; or 24 (ii) [(B)] if the person has been previously convicted 25 under (a)(1) of this section or a similar law in another jurisdiction; or 26 (B) violates (a)(2) or (3) of this section and the person has 27 been previously convicted under (a) of this section; 28 (2) an infraction if the person violates (a)(2) or (3) of this section. 29 * Sec. 94. AS 28.35.030(k) is amended to read: 30 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 31 community residential center or by electronic monitoring at a private residence 01 under AS 33.30.065. If a community residential center or electronic monitoring at a 02 private residence is not available, imprisonment required under (b)(1)(A) of this 03 section may [SHALL] be served at another appropriate place [A PRIVATE 04 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections. 05 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED 06 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A 07 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE 08 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO 09 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a), 10 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F) 11 of this section may be served at a community residential center or at a private 12 residence if approved by the commissioner of corrections. Imprisonment served at a 13 private residence must include electronic monitoring under AS 33.30.065 [OR, IF 14 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS 15 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 16 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be 17 paid to the state by the person being sentenced. The cost of imprisonment required to 18 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 19 the court shall include the costs of imprisonment as a part of the judgment of 20 conviction. Except for reimbursement from a permanent fund dividend as provided in 21 this subsection, payment of the cost of imprisonment is not required if the court 22 determines the person is indigent. For costs of imprisonment that are not paid by the 23 person as required by this subsection, the state shall seek reimbursement from the 24 person's permanent fund dividend as provided under AS 43.23.140. A person 25 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 26 community service work, as required by the director of the community residential 27 center or other appropriate place, or as required by the commissioner of corrections if 28 the sentence is being served at a private residence. In this subsection, "appropriate 29 place" means a facility with 24-hour on-site staff supervision that is specifically 30 adapted to provide a residence, and includes a correctional center, residential treatment 31 facility, hospital, halfway house, group home, work farm, work camp, or other place 01 that provides varying levels of restriction. 02 * Sec. 95. AS 28.35.030(o) is amended to read: 03 (o) Upon request, the department shall review a driver's license revocation 04 imposed under (n)(3) of this section and, unless the revocation was ordered under 05 (v) or (w) of this section or in a case in which the person was also convicted of a 06 crime under AS 11.41.100 - 11.41.210, 11.41.280, 11.41.282, or a similar law in 07 another jurisdiction, 08 (1) may restore the driver's license if 09 (A) the license has been revoked for a period of at least 10 10 years; 11 (B) the person has not been convicted of a driving-related 12 criminal offense or a felony in the 10 years preceding the request for 13 restoration of [SINCE] the license [WAS REVOKED]; and 14 (C) the person provides proof of financial responsibility; 15 (2) shall restore the driver's license if 16 (A) the person has been granted limited license privileges 17 under AS 28.15.201(g) and has successfully driven under that limited license 18 for three years without having the limited license privileges revoked; 19 (B) the person has successfully completed a court-ordered 20 treatment program under AS 28.35.028 or a rehabilitative treatment program 21 under AS 28.15.201(h); 22 (C) the person has not been convicted of a violation of 23 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 24 jurisdiction since the license was revoked; 25 (D) the person is otherwise eligible to have the person's driving 26 privileges restored as provided in AS 28.15.211; in an application under this 27 subsection, a person whose license was revoked for a violation of 28 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 29 required under AS 28.35.030(h) or 28.35.032(l); and 30 (E) the person provides proof of financial responsibility. 31 * Sec. 96. AS 28.35.030 is amended by adding new subsections to read: 01 (v) In addition to the penalties imposed under (n) of this section, if a person is 02 convicted under (n) of this section and has been convicted two or more times under (n) 03 of this section or a similar law of another jurisdiction at any time preceding the date of 04 the present offense, upon conviction, the court shall permanently revoke the person's 05 driver's license, privilege to drive, or privilege to obtain a license. 06 (w) In addition to the penalties imposed under (b) of this section, if a person is 07 convicted under (a) of this section and the person has previously had the person's 08 driver's license restored under (o) of this section or under AS 28.35.032(q), upon 09 conviction, the court shall permanently revoke the person's driver's license, privilege 10 to drive, or privilege to obtain a license. 11 * Sec. 97. AS 28.35.032(o) is amended to read: 12 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 13 community residential center or by electronic monitoring at a private residence 14 [BY ELECTRONIC MONITORING] under AS 33.30.065. If a community 15 residential center or electronic monitoring at a private residence is not available, 16 imprisonment required under (g)(1)(A) of this section may [SHALL] be served at 17 another appropriate place [A PRIVATE RESIDENCE BY OTHER MEANS AS] 18 determined by the commissioner of corrections. [A PERSON WHO IS SERVING A 19 SENTENCE OF IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS 20 SECTION BY ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY 21 NOT BE SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A 22 PEACE OFFICER OR A PERSON REQUIRED TO ADMINISTER THE 23 ELECTRONIC MONITORING UNDER AS 33.30.065(a), EXCEPT UPON 24 PROBABLE CAUSE.] Imprisonment required under (g)(1)(B) - (F) of this section 25 may be served at a community residential center or at a private residence if approved 26 by the commissioner of corrections. Imprisonment served at a private residence must 27 include electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC 28 MONITORING IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS 29 AS DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 30 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be 31 paid to the state by the person being sentenced. The cost of imprisonment required to 01 be paid under this subsection may not exceed $2,000. Upon the person's conviction, 02 the court shall include the costs of imprisonment as a part of the judgment of 03 conviction. Except for reimbursement from a permanent fund dividend as provided in 04 this subsection, payment of the cost of imprisonment is not required if the court 05 determines the person is indigent. For costs of imprisonment that are not paid by the 06 person as required by this subsection, the state shall seek reimbursement from the 07 person's permanent fund dividend as provided under AS 43.23.140. A person 08 sentenced under (g)(1)(B) of this section shall perform at least 160 hours of 09 community service work, as required by the director of the community residential 10 center or other appropriate place, or as required by the commissioner of corrections if 11 the sentence is being served at a private residence. In this subsection, "appropriate 12 place" means a facility with 24-hour on-site staff supervision that is specifically 13 adapted to provide a residence, and includes a correctional center, residential treatment 14 facility, hospital, halfway house, group home, work farm, work camp, or other place 15 that provides varying levels of restriction. 16 * Sec. 98. AS 28.35.032(q) is amended to read: 17 (q) Upon request, the department shall review a driver's license revocation 18 imposed under (p)(3) of this section and, unless the revocation was ordered in a 19 case in which the person was also convicted of a crime under AS 11.41.100 - 20 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction or the 21 revocation was ordered under AS 28.35.030(v) or (w), may restore the driver's 22 license if 23 (1) the license has been revoked for a period of at least 10 years; 24 (2) the person has not been convicted of a driving-related criminal 25 offense or a felony in the 10 years preceding the request for restoration of 26 [SINCE] the license [WAS REVOKED]; and 27 (3) the person provides proof of financial responsibility. 28 * Sec. 99. AS 28.35 is amended by adding a new section to read: 29 Sec. 28.35.191. Failure to use headlights. (a) A person commits the offense 30 of failure to use headlights if the person operates a motor vehicle without the use of 31 motor vehicle headlights 01 (1) between one half-hour after sunset and one half-hour before 02 sunrise; 03 (2) at any other time when, because of insufficient light or other 04 atmospheric conditions, persons or motor vehicles are not clearly discernible at a 05 distance of 1,000 feet; or 06 (3) on a road that is a designated traffic safety corridor under 07 AS 19.10.075. 08 (b) A person operating a motor vehicle may not be required to use motor 09 vehicle headlights except as required in (a) of this section. 10 (c) Failure to use headlights is an infraction. 11 * Sec. 100. AS 33.05.020(h) is amended to read: 12 (h) The commissioner shall establish by regulation a program allowing 13 probationers to earn credits for complying with the conditions of probation. The 14 credits earned reduce the period of probation. Nothing in this subsection prohibits the 15 department from recommending to the court the early discharge of the probationer as 16 provided in AS 33.30. At a minimum, the regulations must 17 (1) require that a probationer earn a credit of 10 [30] days for each 30- 18 day period served in which the defendant complied with the conditions of probation; 19 (2) include policies and procedures for 20 (A) calculating and tracking credits earned by probationers; 21 (B) reducing the probationer's period of probation based on 22 credits earned by the probationer; and 23 (C) notifying a victim under AS 33.30.013; 24 (3) require that a probationer convicted of [A SEX OFFENSE AS 25 DEFINED IN AS 12.63.100 OR] a crime involving domestic violence as defined in 26 AS 18.66.990 complete all treatment programs required as a condition of probation 27 before discharge based on credits earned under this subsection. 28 * Sec. 101. AS 33.05.020 is amended by adding a new subsection to read: 29 (i) A probationer may not be enrolled in the program established under (h) of 30 this section if the probationer is on probation for 31 (1) an unclassified felony; 01 (2) a sex offense as defined in AS 12.63.100; 02 (3) a felony crime against a person under AS 11.41; 03 (4) a crime involving domestic violence, as defined in AS 18.66.990, 04 that is an offense under AS 11.41. 05 * Sec. 102. AS 33.05.040(a) is amended to read: 06 (a) A probation officer shall 07 (1) furnish to each probationer under the supervision of the officer a 08 written statement of the conditions of probation and shall instruct the probationer 09 regarding the same; 10 (2) keep informed concerning the conduct and condition of each 11 probationer under the supervision of the officer and shall report on the probationer to 12 the court placing that person on probation; 13 (3) use all suitable methods, not inconsistent with the conditions 14 imposed by the court, to aid probationers and to bring about improvements in their 15 conduct and condition; 16 (4) keep records of the probation work, including administrative 17 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep 18 accurate and complete accounts of all money collected from persons under the 19 supervision of the officer, give receipts for money collected and make at least monthly 20 returns of it, make the reports to the court and the commissioner required by them, and 21 perform other duties the court may direct; 22 (5) perform duties with respect to persons on parole as the 23 commissioner shall request, and in that service shall be termed a parole officer; 24 (6) use administrative sanctions and incentives developed under 25 AS 33.05.020(g) to respond to a probationer's negative and positive behavior [, 26 INCLUDING RESPONSES TO TECHNICAL VIOLATIONS OF CONDITIONS OF 27 PROBATION,] in a way that is intended to interrupt negative behavior in a swift, 28 certain, and proportional manner and support progress with a recognition of positive 29 behavior; 30 (7) upon determining that a probationer under the supervision of the 31 officer meets the requirements of AS 12.55.090(g), consider recommending 01 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be 02 terminated and the probationer be discharged from probation; 03 (8) for each probationer who owes restitution and who is under the 04 supervision of the officer, create a restitution payment schedule based on the 05 probationer's income and ability to pay if the court has not already set a restitution 06 payment schedule; 07 (9) accommodate the diligent efforts of each probationer to secure and 08 maintain steady employment or to participate in educational courses or training 09 programs when prescribing the times at which a probationer shall report; 10 (10) permit each probationer to travel in the state to make diligent 11 efforts to secure and maintain steady employment or to participate in educational 12 courses or training programs if the travel is not inconsistent with other terms and 13 conditions of probation; 14 (11) report on the probationer by making a recommendation to 15 the court to revoke probation or to maintain existing probation conditions when 16 a petition to revoke probation is filed. 17 * Sec. 103. AS 33.16.010(c) is amended to read: 18 (c) Except as provided in (g) of this section, a [A] prisoner who is not 19 eligible for special medical or discretionary parole, or who is not released on special 20 medical or discretionary parole, shall be released on mandatory parole for the term of 21 good time deductions credited under AS 33.20, if the term or terms of imprisonment 22 are two years or more. 23 * Sec. 104. AS 33.16.010 is amended by adding a new subsection to read: 24 (g) A prisoner is not eligible for mandatory parole if the prisoner has been 25 convicted of a crime under AS 11.41.100 or 11.41.110. 26 * Sec. 105. AS 33.16.060(a) is amended to read: 27 (a) The board shall 28 (1) serve as the parole authority for the state; 29 (2) consider the suitability for parole of a prisoner who is eligible for 30 discretionary parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST 31 DATE OF ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S 01 APPLICATION FOR] special medical parole if 02 (A) the prisoner had no disciplinary action imposed during 03 incarceration; or 04 (B) the prisoner had disciplinary action imposed during 05 incarceration and the prisoner filed an application with the board for 06 discretionary or special medical parole; 07 (3) impose parole conditions on all prisoners released under special 08 medical, discretionary, or mandatory parole; 09 (4) under AS 33.16.210, discharge a person from parole when custody 10 is no longer required; 11 (5) maintain records of the meetings and proceedings of the board; 12 (6) recommend to the governor and the legislature changes in the law 13 administered by the board; 14 (7) recommend to the governor or the commissioner changes in the 15 practices of the department and of other departments of the executive branch 16 necessary to facilitate the purposes and practices of parole; 17 (8) upon request of the governor, review and recommend applicants 18 for executive clemency; and 19 (9) execute other responsibilities prescribed by law. 20 * Sec. 106. AS 33.16.090(a) is amended to read: 21 (a) A prisoner sentenced to an active term of imprisonment of at least 181 22 days may, in the discretion of the board, be released on discretionary parole if the 23 prisoner 24 (1) has served the amount of time specified under (b) of this section, 25 except that 26 (A) a prisoner sentenced to one or more mandatory 99-year 27 terms under AS 12.55.125(a) or one or more definite terms under 28 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 29 (B) a prisoner is not eligible for consideration of discretionary 30 parole if made ineligible by order of a court under AS 12.55.115; 31 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 01 for discretionary parole unless the actual term of imprisonment is more than 02 one year; 03 (D) a prisoner sentenced to a single sentence within or 04 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3) 05 and (4), or (i) who has not been allowed by the three-judge panel under 06 AS 12.55.175 to be considered for discretionary parole release is not 07 eligible for consideration of discretionary parole; 08 (E) a prisoner sentenced to a single sentence, including a 09 consecutive or partially consecutive sentence, that is not eligible for a good 10 time deduction under AS 33.20.010(a)(3) and that has not been allowed by 11 the three-judge panel under AS 12.55.175 to be considered for 12 discretionary parole release is not eligible for consideration of 13 discretionary parole; or 14 (2) is at least 60 years of age, has served at least 10 years of a sentence 15 for one or more crimes in a single judgment, and has not been convicted of an 16 unclassified felony or a sexual felony as defined in AS 12.55.185. 17 * Sec. 107. AS 33.16.090(b) is amended to read: 18 (b) A prisoner eligible under (a)(1) of this section who is sentenced 19 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 20 released on discretionary parole until the prisoner has served the mandatory minimum 21 term under AS 12.55.125(a) or (b), 22 (A) two-thirds of the active term of imprisonment imposed, 23 or any term set under AS 12.55.115, whichever is greatest, for a conviction 24 under AS 11.41.100 or 11.41.110; 25 (B) one-half [ONE-THIRD] of the active term of 26 imprisonment imposed, or any term set under AS 12.55.115, whichever is 27 greatest, for a conviction for an offense not listed in (A) of this paragraph; 28 (2) [TO A SINGLE SENTENCE WITHIN OR BELOW A 29 PRESUMPTIVE RANGE SET OUT IN AS 12.55.125(i)(1) AND (2), AND HAS 30 NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER AS 12.55.175 31 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, MAY NOT 01 BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE PRISONER HAS 02 SERVED THE TERM IMPOSED, LESS GOOD TIME EARNED UNDER 03 AS 33.20.010; 04 (3)] to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 05 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 06 AS 12.55.175 to be considered for discretionary parole release during the second half 07 of the sentence, may not be released on discretionary parole until 08 (A) the prisoner has served that portion of the active term of 09 imprisonment required by the three-judge panel; and 10 (B) in addition to the factors set out in AS 33.16.100(a), the 11 board determines that 12 (i) the prisoner has successfully completed all 13 rehabilitation programs ordered by the three-judge panel that were 14 made available to the prisoner; and 15 (ii) the prisoner would not constitute a danger to the 16 public if released on parole; 17 (3) [(4)] to a single enhanced sentence under AS 12.55.155(a) that is 18 above the applicable presumptive range may not be released on discretionary parole 19 until the prisoner has served the greater of the following: 20 (A) an amount of time, less good time earned under 21 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 22 of the amount of time above the presumptive range; or 23 (B) any term set under AS 12.55.115; 24 (4) [(5)] to a single sentence under any other provision of law may not 25 be released on discretionary parole until the prisoner has served at least one-fourth of 26 the active term of imprisonment, any mandatory minimum sentence imposed under 27 any provision of law, or any term set under AS 12.55.115, whichever is greatest; 28 (5) [(6)] to concurrent sentences may not be released on discretionary 29 parole until the prisoner has served the greatest of 30 (A) any mandatory minimum sentence or sentences imposed 31 under any provision of law; 01 (B) any term set under AS 12.55.115; or 02 (C) the amount of time that is required to be served under (1) - 03 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary 04 crime, had that been the only sentence imposed; 05 (6) [(7)] to consecutive or partially consecutive sentences may not be 06 released on discretionary parole until the prisoner has served the greatest of 07 (A) the composite total of any mandatory minimum sentence or 08 sentences imposed under any provision of law, including AS 12.55.127; 09 (B) any term set under AS 12.55.115; or 10 (C) the amount of time that is required to be served under (1) - 11 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary 12 crime, had that been the only sentence imposed, plus one-quarter of the 13 composite total of the active term of imprisonment imposed as consecutive or 14 partially consecutive sentences imposed for all crimes other than the primary 15 crime; 16 (7) [(8)] to a single sentence under AS 12.55.125(d) for an offense 17 under AS 11.71.030(a)(2) or (9) [AS 12.55.125(i)(3) AND (4)], and has not been 18 allowed by the three-judge panel under AS 12.55.175 to be considered for 19 discretionary parole release, may not be released on discretionary parole until the 20 prisoner has served [, AFTER A DEDUCTION FOR GOOD TIME EARNED 21 UNDER AS 33.20.010,] one-half of the active term of imprisonment imposed. 22 * Sec. 108. AS 33.16.100(a) is amended to read: 23 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 24 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 25 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 26 exists that 27 (1) the prisoner will live and remain at liberty without violating any 28 laws or conditions imposed by the board; 29 (2) the prisoner's rehabilitation and reintegration into society will be 30 furthered by release on parole; 31 (3) the prisoner will not pose a threat of harm to the public if released 01 on parole; and 02 (4) release of the prisoner on parole would not diminish the 03 seriousness of the crime. 04 * Sec. 109. AS 33.16.100 is amended by adding a new subsection to read: 05 (h) If the board considers an application for discretionary parole and denies 06 parole because the prisoner does not meet the standards in (a) or (g) of this section, the 07 board may make the prisoner ineligible for further consideration of discretionary 08 parole or require that additional time be served before the prisoner is again eligible for 09 consideration for discretionary parole. 10 * Sec. 110. AS 33.16.130(a) is repealed and reenacted to read: 11 (a) A prisoner eligible for discretionary parole may apply to the board for 12 discretionary parole. As part of the application for parole, the prisoner shall submit to 13 the board a parole release plan that includes information concerning the prisoner's plan 14 for employment, residence, and rehabilitation if released on parole. 15 * Sec. 111. AS 33.16.130(b) is amended to read: 16 (b) Before the board determines a prisoner's suitability for discretionary 17 parole, the prisoner is entitled to a hearing before the board. The commissioner or 18 the commissioner's designee shall furnish to the prisoner a copy of the preparole 19 reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all 20 records that the board will consider in making its decision except those that are made 21 confidential by law. The prisoner may also respond in writing to all materials the 22 board considers, be present at the hearing, and present evidence to the board. 23 * Sec. 112. AS 33.16.170 is amended by adding a new subsection to read: 24 (d) Except for portions containing personal medical, mental health, or 25 substance abuse treatment information or information that is otherwise required to be 26 kept confidential by state or federal law, decisions of the board, orders for parole, and 27 parole conditions imposed by the board are not confidential. The board shall post all 28 decisions, orders of parole, and conditions imposed on a publicly available Internet 29 website with any confidential portions redacted. 30 * Sec. 113. AS 33.16.210(c) is amended to read: 31 (c) At the discretion of a parole officer, a [A] parole officer may [SHALL] 01 recommend to the board early discharge for a parolee who 02 (1) has completed at least one year on parole; 03 (2) has completed all treatment programs required as a condition of 04 parole; 05 (3) is currently in compliance with all conditions of parole for all 06 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN 07 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST 08 ONE YEAR]; and 09 (4) has not been convicted of 10 (A) an unclassified felony offense under AS 11; 11 (B) a sexual felony as defined in AS 12.55.185; or 12 (C) a crime involving domestic violence as defined in 13 AS 18.66.990. 14 * Sec. 114. AS 33.16.220(b) is amended to read: 15 (b) Except as provided in (e) of this section, within 15 working days after the 16 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 17 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 18 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 19 designee shall determine if there is probable cause to believe that the parolee violated 20 the conditions of parole and, when probable cause exists, whether the parolee should 21 be released pending a final revocation hearing. A finding of probable cause at a 22 preliminary hearing in a criminal case is conclusive proof of probable cause that a 23 parole violation occurred. 24 * Sec. 115. AS 33.16.220(i) is amended to read: 25 (i) If, after the final revocation hearing, the board finds that the parolee has 26 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 27 ordinance, the board may revoke all or a portion of the remaining period of parole 28 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 29 of parole. A parolee's period of parole is tolled from the date of filing with the parole 30 board of a violation report until the date of the final revocation hearing [FOR 31 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 01 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 02 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 03 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 04 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 05 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 06 TOLLED AS DESCRIBED IN THIS SECTION]. 07 * Sec. 116. AS 33.16.270 is amended to read: 08 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 09 by regulation a program allowing parolees to earn credits for complying with the 10 conditions of parole. The earned compliance credits reduce the period of parole. 11 Nothing in this section prohibits the department from recommending to the board the 12 early discharge of the parolee as provided in this chapter. At a minimum, the 13 regulations must 14 (1) require that a parolee earn a credit of 10 [30] days for each 30-day 15 period served in which the parolee complied with the conditions of parole; 16 (2) include policies and procedures for 17 (A) calculating and tracking credits earned by parolees; 18 (B) reducing the parolee's period of parole based on credits 19 earned by the parolee and notifying a victim under AS 33.30.013; 20 (3) require that a parolee convicted of [A SEX OFFENSE AS 21 DEFINED IN AS 12.63.100 OR] a crime involving domestic violence complete all 22 treatment programs required as a condition of parole before discharge based on credits 23 earned under this section. 24 * Sec. 117. AS 33.16.270 is amended by adding a new subsection to read: 25 (b) A parolee may not earn credits under (a) of this section if the parolee is on 26 parole for 27 (1) an unclassified felony; 28 (2) a sex offense as defined in AS 12.63.100; 29 (3) a felony crime against a person under AS 11.41; 30 (4) a crime involving domestic violence, as defined in AS 18.66.990, 31 that is an offense under AS 11.41. 01 * Sec. 118. AS 33.20.010(a) is amended to read: 02 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 03 convicted of an offense against the state or a political subdivision of the state and 04 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 05 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 06 follows the rules of the correctional facility in which the prisoner is confined. A 07 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 08 (1) to a mandatory 99-year term of imprisonment under 09 AS 12.55.125(a) after June 27, 1996; 10 (2) to a definite term under AS 12.55.125(l); 11 (3) for a sexual felony under AS 12.55.125(i) 12 (A) and has one or more prior sexual felony convictions as 13 determined under AS 12.55.145(a)(4); or 14 (B) that is an unclassified or a class A felony; or 15 (4) for an unclassified felony under AS 11.41.100 or 11.41.110 [TO 16 A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 10 DAYS FOR 17 A TECHNICAL VIOLATION OF AS 12.55.110(c) OR AS 33.16.215]. 18 * Sec. 119. AS 33.20.010(c) is repealed and reenacted to read: 19 (c) A prisoner may not be awarded a good time deduction under (a) of this 20 section for any period spent in a treatment program, in a private residence, or on 21 electronic monitoring. 22 * Sec. 120. AS 33.30.011(a) is amended to read: 23 (a) The commissioner shall 24 (1) establish, maintain, operate, and control correctional facilities 25 suitable for the custody, care, and discipline of persons charged or convicted of 26 offenses against the state or held under authority of state law; each correctional facility 27 operated by the state shall be established, maintained, operated, and controlled in a 28 manner that is consistent with AS 33.30.015; 29 (2) classify prisoners; 30 (3) for persons committed to the custody of the commissioner, 31 establish programs, including furlough programs that are reasonably calculated to 01 (A) protect the public and the victims of crimes committed by 02 prisoners; 03 (B) maintain health; 04 (C) create or improve occupational skills; 05 (D) enhance educational qualifications; 06 (E) support court-ordered restitution; and 07 (F) otherwise provide for the rehabilitation and reformation of 08 prisoners, facilitating their reintegration into society; 09 (4) provide necessary 10 (A) medical services for prisoners in correctional facilities or 11 who are committed by a court to the custody of the commissioner, including 12 examinations for communicable and infectious diseases; 13 (B) psychological or psychiatric treatment if a physician or 14 other health care provider, exercising ordinary skill and care at the time of 15 observation, concludes that 16 (i) a prisoner exhibits symptoms of a serious disease or 17 injury that is curable or may be substantially alleviated; and 18 (ii) the potential for harm to the prisoner by reason of 19 delay or denial of care is substantial; and 20 (C) assessment or screening of the risks and needs of offenders 21 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 22 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 23 disorder; 24 (5) establish minimum standards for sex offender treatment programs 25 offered to persons who are committed to the custody of the commissioner; 26 (6) provide for fingerprinting in correctional facilities in accordance 27 with AS 12.80.060; 28 (7) establish a program to conduct assessments of the risks and needs 29 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND 30 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 31 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST 01 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING 02 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a 03 requirement for an assessment before a prisoner's release on parole, furlough, or 04 electronic monitoring from a correctional facility; 05 (8) establish a procedure that provides for each prisoner required to 06 serve an active term of imprisonment of 90 [30] days or more a written case plan that 07 (A) takes effect and is provided to the prisoner within 90 days 08 after sentencing; 09 (B) is based on the results of the assessment of the prisoner's 10 risks and needs under (7) of this subsection; 11 (C) includes a requirement to follow the rules of the institution; 12 (D) is modified when necessary for changes in classification, 13 housing status, medical or mental health, and resource availability; 14 (E) includes participation in programming that addresses the 15 needs identified in the assessment; 16 (9) establish a program to begin reentry planning with each prisoner 17 serving an active term of imprisonment of 90 days or more; reentry planning must 18 begin at least 90 days before release on furlough or probation or parole; the reentry 19 program must include 20 (A) a written reentry plan for each prisoner completed upon 21 release on furlough or probation or parole that includes information on the 22 prisoner's proposed 23 (i) residence; 24 (ii) employment or alternative means of support; 25 (iii) treatment options; 26 (iv) counseling services; 27 (v) education or job training services; 28 (B) any other requirements for successful transition back to the 29 community, including electronic monitoring or furlough for the period between 30 a scheduled parole hearing and parole eligibility; 31 (C) coordination with the Department of Labor and Workforce 01 Development to provide access, after release, to job training and employment 02 assistance; and 03 (D) coordination with community reentry coalitions or 04 other providers of reentry services if available; 05 (10) for offenders under electronic monitoring, establish 06 (A) minimum standards for electronic monitoring, which may 07 include the requirement of active, real-time monitoring using global 08 positioning systems; and 09 (B) procedures for oversight and approving electronic 10 monitoring programs and systems provided by private contractors; [AND] 11 (11) assist a prisoner in obtaining a valid state identification card if the 12 prisoner does not have a valid state identification card before the prisoner's release; the 13 department shall pay the application fee for the identification card; and 14 (12) provide to the legislature, by electronic means, by January 10 15 preceding the first regular session of each legislature, a report summarizing the 16 findings and results of the program established under (7) of this subsection; the 17 report must include 18 (A) the number of prisoners who were provided with 19 written case plans under (8) of this subsection; 20 (B) the number of written case plans under (8) of this 21 subsection initiated within the preceding year; and 22 (C) the number of written case plans under (8) of this 23 subsection that were updated in the preceding year. 24 * Sec. 121. AS 34.03.360(7) is amended to read: 25 (7) "illegal activity involving a controlled substance" means a violation 26 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - 27 (8)], or 11.71.040(a)(1), (2), or (5); 28 * Sec. 122. AS 44.19.645(g) is amended to read: 29 (g) The Department of Corrections shall report quarterly to the working group 30 authorized in (b)(3) of this section. The report shall include the following information: 31 (1) data on pretrial decision making and outcomes, including 01 information on pretrial detainees admitted for a new criminal charge; detainees 02 released at any point before case resolution; time spent detained before first release or 03 case resolution; pretrial defendant risk level and charge; pretrial release 04 recommendations made by pretrial services officers; pretrial conditions imposed on 05 pretrial detainees by judicial officers, including amount of bail, and supervision 06 conditions; and information on pretrial outcomes, including whether or not the 07 defendant appeared in court or was re-arrested during the pretrial period; 08 (2) data on offenders admitted to the Department of Corrections for a 09 new criminal conviction, including the offense type, number of prior felony 10 convictions, sentence length, and length of stay; 11 (3) data on the population of the Department of Corrections, using a 12 one-day snapshot on the first day of the first month of each quarter, broken down by 13 type of admission, offense type, and risk level; 14 (4) data on offenders on probation supervised by the Department of 15 Corrections, including the total number of offenders supervised using a one-day 16 snapshot on the first month of each quarter; admissions to probation; assignments to a 17 program under AS 33.05.020(f); probation sentence length; time served on the 18 sentence; whether probation was successfully completed, any new convictions for a 19 felony offense, and any sentences to a term of imprisonment while on probation; 20 (5) data on parole, including the number of offenders supervised on 21 parole, using a one-day snapshot on the first month of each quarter; the number of 22 parole hearings; the parole grant rate and number of parolees released on discretionary 23 and special medical parole; and information on parolees, including time spent on 24 parole, whether parole was successfully completed, any new convictions for a new 25 felony offense, and any sentences to a term of imprisonment while on parole; 26 (6) data on the implementation of policies from the 2015 justice 27 reinvestment report, including the number and percentage of offenders who earn 28 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 29 and the total amount of credits earned; the average number of sanctions issued under 30 as 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 31 common violations of probation or parole; and 01 (7) data on probation and parole revocations, including information on 02 probationers and parolees admitted for a supervision violation pre-case and post-case 03 resolution; [PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A 04 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest; the 05 number of previous revocations on the current sentence, if any; the length of time held 06 pre-case resolution; the length of time to case resolution; and the length of stay. 07 * Sec. 123. AS 44.19.647(a) is amended to read: 08 (a) The commission shall submit to the governor and the legislature an annual 09 report. The report must include 10 (1) a description of its proceedings for the previous calendar year; 11 (2) a summary of savings and recommendations on how savings from 12 criminal justice reform should be reinvested to reduce recidivism; 13 (3) performance metrics and outcomes from the recommendations the 14 commission made in its December 2015 report, including recidivism rates, defined as 15 (A) the percentage of inmates who return to prison within three 16 years after release, broken down by offense type and risk level; and 17 (B) the percentage of inmates who return to prison within three 18 years after release for a new criminal conviction, broken down by offense type 19 and risk level; [AND] 20 (4) recommendations for additional reforms, which may include 21 recommendations for legislative and administrative action; and 22 (5) data reported by the Department of Law under AS 44.23.040. 23 * Sec. 124. AS 44.23.020 is amended by adding a new subsection to read: 24 (k) The attorney general, in consultation with the commissioner of public 25 safety, shall 26 (1) develop a tool to track felony sex offenses reported to the 27 Department of Public Safety by geographic location; the tracking tool must include a 28 means to record the reason a reported offense was not referred for prosecution or, if 29 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex 30 offense charged as a felony resulted in a conviction of an offense other than a sex 31 offense under a plea agreement; 01 (2) develop regulations and procedures to implement the requirements 02 established under (1) of this subsection; and 03 (3) provide training for the implementation of the regulations and 04 procedures established under (2) of this subsection in each state department as 05 necessary. 06 * Sec. 125. AS 44.23.040 is amended by adding a new subsection to read: 07 (b) The Department of Law, in consultation with the Department of Public 08 Safety, shall gather and report data on felony sex offenses to the Alaska Judicial 09 Council. The data must include 10 (1) the number of felony sex offenses reported to the Department of 11 Public Safety that were not referred for prosecution; 12 (2) the number of felony sex offenses referred for prosecution that 13 were not prosecuted; 14 (3) the number of felony sex offenses that resulted in a conviction for a 15 crime other than a sex offense; and 16 (4) the number of sex offenses referred for prosecution that were 17 charged as a felony and, under a plea agreement, resulted in a conviction for a crime 18 other than a sex offense. 19 * Sec. 126. AS 44.41 is amended by adding a new section to read: 20 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement 21 agency collects a sexual assault examination kit under AS 18.68.010, the agency shall 22 (1) within 30 days after the agency collects the sexual assault 23 examination kit, send the sexual assault examination kit to an accredited laboratory in 24 coordination with the Department of Public Safety or a laboratory operated by the 25 Department of Public Safety; 26 (2) ensure that the laboratory to which the sexual assault examination 27 kit is sent under (1) of this subsection conducts a serological or DNA test on the 28 sexual assault examination kit within one year after the laboratory receives the sexual 29 assault examination kit; and 30 (3) within two weeks after the laboratory that receives the sexual 31 assault examination kit under (1) of this subsection completes serological or DNA 01 testing, make a reasonable effort to notify the victim from whom the sexual assault 02 examination kit was collected that the sexual assault examination kit has been tested. 03 (b) A criminal action may not be dismissed nor the evidence deemed 04 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of 05 this section. 06 (c) If a case is resolved before a sexual assault examination kit is tested, a law 07 enforcement agency is not required to meet the time limits established in (a) of this 08 section. 09 (d) In this section, 10 (1) "law enforcement agency" and "agency" have the meaning given to 11 "law enforcement agency" in AS 12.36.090; 12 (2) "victim" has the meaning given in AS 11.41.470. 13 * Sec. 127. AS 44.41.070(a) is amended to read: 14 (a) By September 1 of each year, each law enforcement agency and state 15 department charged with the maintenance, storage, and preservation of sexual assault 16 examination kits shall conduct an inventory of untested sexual assault examination kits 17 and report, in writing, to the Department of Public Safety the number of untested 18 sexual assault examination kits in the possession of the agency or department, the 19 number of sexual assault examination kits that the law enforcement agency or 20 state department has determined are ineligible for testing under (e) of this 21 section, with the reason or reasons the untested sexual assault examination kits 22 were determined to be ineligible for testing, and the date on which each untested 23 sexual assault examination kit was collected. 24 * Sec. 128. AS 44.41.070(b) is amended to read: 25 (b) By November 1 of each year, the Department of Public Safety shall 26 prepare and transmit a report to the president of the senate and the speaker of the 27 house of representatives that contains 28 (1) the number of untested sexual assault examination kits stored by 29 each law enforcement agency or department and the number of sexual assault 30 examination kits that the law enforcement agency or state department has 31 determined are ineligible for testing under (e) of this section, with the reason or 01 reasons the untested sexual assault examination kits were determined to be 02 ineligible for testing; 03 (2) the date each untested sexual assault examination kit was collected; 04 and 05 (3) a plan for addressing the backlog and prevention of a backlog of 06 untested sexual assault examination kits. 07 * Sec. 129. AS 44.41.070 is amended by adding a new subsection to read: 08 (e) A sexual assault examination kit is ineligible for testing if the law 09 enforcement agency or state department finds that the sexual assault examination kit 10 (1) is scientifically unviable; 11 (2) does not meet eligibility requirements for inclusion in the 12 Combined DNA Index System database; or 13 (3) was collected from a person who reported a sexual assault 14 anonymously. 15 * Sec. 130. AS 47.12.315(a) is amended to read: 16 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 17 section, the department shall disclose information to the public, on request, concerning 18 a minor subject to this chapter who was at least 13 years of age at the time of 19 commission of 20 (1) a felony offense against a person under AS 11.41; 21 (2) arson in the first or second degree; 22 (3) burglary in the first degree; 23 (4) distribution of child pornography; 24 (5) sex trafficking in the first degree; 25 (6) misconduct involving a controlled substance in the first, [OR] 26 second, or third degrees involving distribution or possession with intent to deliver; or 27 (7) misconduct involving weapons in the first through fourth degrees. 28 * Sec. 131. AS 47.17.020(a) is amended to read: 29 (a) The following persons who, in the performance of their occupational 30 duties, their appointed duties under (8) of this subsection, or their volunteer duties 31 under (9) of this subsection, have reasonable cause to suspect that a child has suffered 01 harm as a result of child abuse or neglect shall immediately report the harm to the 02 nearest office of the department and, if the harm appears to be a result of a 03 suspected sex offense, shall immediately report the harm to the nearest law 04 enforcement agency: 05 (1) practitioners of the healing arts; 06 (2) school teachers and school administrative staff members, including 07 athletic coaches, of public and private schools; 08 (3) peace officers and officers of the Department of Corrections; 09 (4) administrative officers of institutions; 10 (5) child care providers; 11 (6) paid employees of domestic violence and sexual assault programs, 12 and crisis intervention and prevention programs as defined in AS 18.66.990; 13 (7) paid employees of an organization that provides counseling or 14 treatment to individuals seeking to control their use of drugs or alcohol; 15 (8) members of a child fatality review team established under 16 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 17 under AS 47.14.300; 18 (9) volunteers who interact with children in a public or private school 19 for more than four hours a week. 20 * Sec. 132. AS 47.17.020(e) is amended to read: 21 (e) The department shall immediately notify the nearest law enforcement 22 agency if the department 23 (1) concludes that the harm was caused by a person who is not 24 responsible for the child's welfare; 25 (2) is unable to determine 26 (A) who caused the harm to the child; or 27 (B) whether the person who is believed to have caused the 28 harm has responsibility for the child's welfare; or 29 (3) concludes that the report involves 30 (A) possible criminal sex abuse or sex offenses [CONDUCT] 31 under AS 11.41.410 - 11.41.458, AS 11.61.116, 11.61.118(a)(2), 01 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed 02 by a minor against a minor; or 03 (B) abuse or neglect that results in the need for medical 04 treatment of the child. 05 * Sec. 133. AS 47.17.020(g) is amended to read: 06 (g) A person required to report child abuse or neglect under (a) of this section 07 who makes the report to the person's job supervisor or to another individual working 08 for the entity that employs the person is not relieved of the obligation to make a [THE] 09 report [TO THE DEPARTMENT AS] required under (a) of this section. 10 * Sec. 134. AS 47.17.290 is amended by adding a new paragraph to read: 11 (18) "sex offense" has the meaning given in AS 12.63.100. 12 * Sec. 135. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (6) When a prior conviction is an element of an offense [IN A 17 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n) 18 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER 19 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety 20 Information Network or from other government agencies of prior convictions [OF 21 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL 22 TEST] may be presented to the grand jury. 23 * Sec. 136. The uncodified law of the State of Alaska is amended by adding a new section 24 to read: 25 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of 26 Criminal Procedure, is amended to read: 27 (a) The Administrative Director of the Alaska Court System, after consultation 28 with the presiding judge, Public Defender Agency, and Attorney General's Office, 29 may enter into agreements with the Department of Public Safety and Department of 30 Corrections which approve systems allowing judges to provide for the appearance by a 31 defendant at certain criminal proceedings by way of contemporaneous two-way 01 video conference [TELEVISION] equipment in lieu of the physical presence of the 02 defendant in the courtroom. Such an agreement must provide for a procedure by which 03 the defendant may confer with the defendant's attorney in private. 04 * Sec. 137. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of 07 Criminal Procedure, is amended to read: 08 (b) In those court locations in which a contemporaneous two-way video 09 conference [TELEVISION] system has been approved by the supreme court and has 10 been installed, in custody defendants shall appear by way of contemporaneous two- 11 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary 12 bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non- 13 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless 14 otherwise ordered for cause stated by the presiding judge. With the defendant's 15 consent, sentencings may be done by way of contemporaneous two-way video 16 conference [TELEVISION] in traffic and misdemeanor cases. The court may order 17 a defendant to appear by contemporaneous two-way video conference at any 18 other hearings. 19 In any particular case, the trial court may order that the defendant be 20 transported to court for court proceedings if the trial judge finds that the defendant's 21 rights would be prejudiced by use of the system. 22 * Sec. 138. AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3); 23 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), 24 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 11.71.060(a)(2)(B); 25 AS 12.25.180(b)(3); AS 12.30.055(b); AS 12.55.110(c), 12.55.110(d), 12.55.110(e), 26 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n), 27 12.55.135(o), 12.55.135(p); AS 33.16.100(f), 33.16.215, 33.16.220(j), and 33.16.240(h) are 28 repealed. 29 * Sec. 139. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or 01 before January 10, 2020, the commissioner of corrections shall provide a report to the 02 legislature as described under AS 33.30.011(a)(12), enacted by sec. 120 of this Act. The 03 commissioner shall submit the report to the senate secretary and chief clerk of the house of 04 representatives and notify the legislature that the report is available. 05 * Sec. 140. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections, 08 Department of Education and Early Development, and Department of Labor and Workforce 09 Development shall develop a needs assessment of all rehabilitative services for each 10 institution, including education, treatment, vocational education, secular and faith-based, and 11 pro-social programs. On or before January 31, 2020, the Department of Corrections, 12 Department of Education and Early Development, and Department of Labor and Workforce 13 Development shall provide a written report regarding the needs assessments to the senate 14 secretary and chief clerk of the house of representatives and notify the legislature that the 15 report is available. 16 * Sec. 141. The uncodified law of the State of Alaska is amended by adding a new section 17 to read: 18 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY 19 COMMITMENT. By December 31, 2020, the superior court shall transmit the information 20 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the 21 superior court issued on or after January 1, 2011, for the involuntary commitment of a person 22 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an 23 involuntary commitment or an adjudication of mental illness or mental incompetence granted 24 under AS 47.30.851(b). 25 * Sec. 142. The uncodified law of the State of Alaska is amended by adding a new section 26 to read: 27 APPLICABILITY. (a) The following sections apply to offenses committed on or after 28 the effective date of those sections: 29 (1) AS 11.41.110(a), as amended by sec. 2 of this Act; 30 (2) AS 11.41.150(a), as amended by sec. 3 of this Act; 31 (3) AS 11.41.420(a), as amended by sec. 4 of this Act; 01 (4) AS 11.41.425(a), as amended by sec. 5 of this Act; 02 (5) AS 11.41.432(b), as amended by sec. 6 of this Act; 03 (6) AS 11.41.432(c), as amended by sec. 7 of this Act; 04 (7) AS 11.41.432(d) and (e), enacted by sec. 8 of this Act; 05 (8) AS 11.41.438(b), as amended by sec. 9 of this Act; 06 (9) AS 11.41.438(c), enacted by sec. 10 of this Act; 07 (10) AS 11.41.452(a), as amended by sec. 11 of this Act; 08 (11) AS 11.41.452(d), as amended by sec. 12 of this Act; 09 (12) AS 11.41.452(e), as amended by sec. 13 of this Act; 10 (13) AS 11.41.455(c), as amended by sec. 14 of this Act; 11 (14) AS 11.41.458, as amended by sec. 15 of this Act; 12 (15) AS 11.46.130(a), as amended by sec. 16 of this Act; 13 (16) AS 11.46.140(a), as amended by sec. 17 of this Act; 14 (17) AS 11.46.150(a), as amended by sec. 18 of this Act; 15 (18) AS 11.46.220(c), as amended by sec. 19 of this Act; 16 (19) AS 11.46.260(b), as amended by sec. 20 of this Act; 17 (20) AS 11.46.270(b), as amended by sec. 21 of this Act; 18 (21) AS 11.46.280(d), as amended by sec. 22 of this Act; 19 (22) AS 11.46.285, as amended by sec. 23 of this Act; 20 (23) AS 11.46.295, as amended by sec. 24 of this Act; 21 (24) AS 11.46.360(a), as amended by sec. 25 of this Act; 22 (25) AS 11.46.370, enacted by sec. 26 of this Act; 23 (26) AS 11.46.482(a), as amended by sec. 27 of this Act; 24 (27) AS 11.46.484(a), as amended by sec. 28 of this Act; 25 (28) AS 11.46.486(a), as amended by sec. 29 of this Act; 26 (29) AS 11.46.530(b), as amended by sec. 30 of this Act; 27 (30) AS 11.46.620(d), as amended by sec. 31 of this Act; 28 (31) AS 11.46.730(c), as amended by sec. 32 of this Act; 29 (32) AS 11.46.980(e), enacted by sec. 33 of this Act; 30 (33) AS 11.56.310(a), as amended by sec. 34 of this Act; 31 (34) AS 11.56.320(a), as amended by sec. 35 of this Act; 01 (35) AS 11.56.730(a), as amended by sec. 36 of this Act; 02 (36) AS 11.56.730(d), as amended by sec. 37 of this Act; 03 (37) AS 11.56.757(b), as amended by sec. 38 of this Act; 04 (38) AS 11.56.810(a), as amended by sec. 39 of this Act; 05 (39) AS 11.61.110(c), as amended by sec. 40 of this Act; 06 (40) AS 11.61.120(a), as amended by sec. 41 of this Act; 07 (41) AS 11.61.123(a), as amended by sec. 42 of this Act; 08 (42) AS 11.61.123(c), as amended by sec. 43 of this Act; 09 (43) AS 11.61.123(d), as amended by sec. 44 of this Act; 10 (44) AS 11.61.123(f), as amended by sec. 45 of this Act; 11 (45) AS 11.61.123(g), enacted by sec. 46 of this Act; 12 (46) AS 11.61.124, enacted by sec. 47 of this Act; 13 (47) AS 11.71.021, enacted by sec. 48 of this Act; 14 (48) AS 11.71.030(a), as amended by sec. 49 of this Act; 15 (49) AS 11.71.030(d), as amended by sec. 50 of this Act; 16 (50) AS 11.71.040(a), as amended by sec. 51 of this Act; 17 (51) AS 11.71.040(d), as amended by sec. 52 of this Act; 18 (52) AS 11.71.050, as amended by sec. 53 of this Act; 19 (53) AS 11.71.060, as amended by sec. 54 of this Act; 20 (54) AS 11.71.311(a), as amended by sec. 55 of this Act; 21 (55) AS 12.30.006(b), as amended by sec. 56 of this Act; 22 (56) AS 12.30.006(c), as amended by sec. 57 of this Act; 23 (57) AS 12.30.006(d), as amended by sec. 58 of this Act; 24 (58) AS 12.30.011, as repealed and reenacted by sec. 59 of this Act; 25 (59) AS 12.30.021(a), as amended by sec. 60 of this Act; 26 (60) AS 12.30.021(c), as amended by sec. 61 of this Act; 27 (61) AS 12.70.130, as amended by sec. 86 of this Act; 28 (62) AS 28.15.291(a), as amended by sec. 92 of this Act; 29 (63) AS 28.15.291(b), as amended by sec. 93 of this Act. 30 (b) The following sections apply to sentences imposed on or after the effective date of 31 those sections for conduct occurring on or after the effective date of those sections: 01 (1) AS 12.55.015(l), enacted by sec. 62 of this Act; 02 (2) AS 12.55.027(f), as amended by sec. 65 of this Act; 03 (3) AS 12.55.027(i), enacted by sec. 66 of this Act; 04 (4) AS 12.55.051(a), as amended by sec. 67 of this Act; 05 (5) AS 12.55.125(c), as amended by sec. 70 of this Act; 06 (6) AS 12.55.125(d), as amended by sec. 71 of this Act; 07 (7) AS 12.55.125(e), as amended by sec. 72 of this Act; 08 (8) AS 12.55.125(i), as amended by sec. 73 of this Act; 09 (9) AS 12.55.125(q), as amended by sec. 74 of this Act; 10 (10) AS 12.55.135(a), as amended by sec. 75 of this Act; 11 (11) AS 12.55.135(b), as amended by sec. 76 of this Act; 12 (12) AS 12.55.145(a), as amended by sec. 77 of this Act; 13 (13) AS 12.55.185(10), as amended by sec. 78 of this Act; 14 (14) AS 12.55.185(16), as amended by sec. 79 of this Act; 15 (15) AS 28.35.030(k), as amended by sec. 94 of this Act; 16 (16) AS 28.35.030(v) and (w), enacted by sec. 96 of this Act; 17 (17) AS 28.35.032(o), as amended by sec. 97 of this Act; 18 (18) AS 33.16.090(a), as amended by sec. 106 of this Act; 19 (19) AS 33.16.090(b), as amended by sec. 107 of this Act; 20 (20) AS 33.20.010(a), as amended by sec. 118 of this Act; 21 (21) AS 33.20.010(c), as repealed and reenacted by sec. 119 of this Act; 22 (22) AS 33.30.011(a), as amended by sec. 120 of this Act. 23 (c) The following sections apply to the duty to register as a sex offender for offenses 24 committed on or after the effective date of those sections: 25 (1) AS 12.63.010(d), as amended by sec. 82 of this Act; 26 (2) AS 12.63.020, as amended by sec. 83 of this Act; 27 (3) AS 12.63.100(6), as amended by sec. 84 of this Act; 28 (4) AS 12.63.100(7), as amended by sec. 85 of this Act. 29 (d) The following sections apply to probation ordered on or after the effective date of 30 those sections for conduct occurring on or after the effective date of those sections: 31 (1) AS 12.55.090(c), as amended by sec. 68 of this Act; 01 (2) AS 12.55.090(g), as amended by sec. 69 of this Act; 02 (3) AS 33.05.040(a)(11), enacted by sec. 102 of this Act. 03 (e) The following sections apply to probation ordered before, on, or after the effective 04 date of those sections for conduct occurring on or after the effective date of those sections: 05 (1) AS 12.55.025(c), as amended by sec. 63 of this Act; 06 (2) AS 33.05.020(h), as amended by sec. 100 of this Act; 07 (3) AS 33.05.020(i), enacted by sec. 101 of this Act; 08 (4) AS 33.05.040(a)(6), as amended by sec. 102 of this Act. 09 (f) The following sections apply to parole ordered on or after the effective date of 10 those sections for conduct occurring on or after the effective date of those sections: 11 (1) AS 33.16.010(c), as amended by sec. 103 of this Act; 12 (2) AS 33.16. 010(g), enacted by sec. 104 of this Act; 13 (3) AS 33.16.060(a), as amended by sec. 105 of this Act; 14 (4) AS 33.16.100(h), enacted by sec. 109 of this Act; 15 (5) AS 33.16.130(a), as repealed and reenacted by sec. 110 of this Act; 16 (6) AS 33.16.130(b), as amended by sec. 111 of this Act; 17 (7) AS 33.16.170(d), enacted by sec. 112 of this Act; 18 (8) AS 33.16.210(c), as amended by sec. 113 of this Act. 19 (g) The following sections apply to parole ordered before, on, or after the effective 20 date of those sections for conduct occurring on or after the effective date of those sections: 21 (1) AS 33.16.220(b), as amended by sec. 114 of this Act; 22 (2) AS 33.16.220(i), as amended by sec. 115 of this Act; 23 (3) AS 33.16.270, as amended by sec. 116 of this Act; 24 (4) AS 33.16.270(b), enacted by sec. 117 of this Act. 25 (h) AS 33.16.100(a), as amended by sec. 108 of this Act, applies to parole granted on 26 or after the effective date of sec. 108 of this Act for conduct occurring before, on, or after the 27 effective date of sec. 108 of this Act. 28 (i) AS 28.35.030(o), as amended by sec. 95 of this Act, and AS 28.35.032(q), as 29 amended by sec. 98 of this Act, apply to revocation of a driver's license occurring before, on, 30 or after the effective date of secs. 95 and 98 of this Act, for conduct occurring before, on, or 31 after the effective date of secs. 95 and 98 of this Act. 01 (j) AS 12.55.025(m), enacted by sec. 64 of this Act, applies to sentences imposed on 02 or after the effective date of sec. 64 of this Act, for offenses committed before, on, or after the 03 effective date of sec. 64 of this Act. 04 (k) AS 28.15.161(a), as amended by sec. 91 of this Act, applies to a driver's license 05 canceled on or after the effective date of sec. 91 of this Act for failure to pay fines imposed on 06 or after the effective date of sec. 91 of this Act. 07 * Sec. 143. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 TRANSITION: REGULATIONS. (a) The Department of Law, the attorney general, 10 the Department of Public Safety, and the commissioner of public safety may adopt regulations 11 necessary to implement the changes made by secs. 124 and 125 of this Act. The regulations 12 take effect under AS 44.62 (Administrative Procedure Act), but a regulation may not take 13 effect before the effective date of the relevant provision of this Act implemented by the 14 regulation. 15 (b) Not later than 15 months after the effective date of AS 33.05.020(h), as amended 16 by sec. 100 of this Act, and AS 33.16.270, as amended by sec. 116 of this Act, the 17 commissioner of corrections shall adopt regulations necessary to establish the programs 18 required by AS 33.05.020(h), as amended by sec. 100 of this Act, and AS 33.16.270, as 19 amended by sec. 116 of this Act. The regulations take effect under AS 44.62 (Administrative 20 Procedure Act), but a regulation may not take effect before the effective date of the relevant 21 provision of this Act implemented by the regulation. 22 * Sec. 144. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the 25 heading of AS 11.61.123 from "Indecent viewing or photography" to "Indecent viewing or 26 production of a picture." 27 * Sec. 145. The uncodified law of the State of Alaska is amended by adding a new section 28 to read: 29 CONDITIONAL EFFECT. Sections 135 - 137 of this Act take effect only if secs. 135 30 - 137 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 31 15, Constitution of the State of Alaska. 01 * Sec. 146. Sections 126 - 129 of this Act take effect January 1, 2020. 02 * Sec. 147. Sections 123 - 125 of this Act take effect July 1, 2020. 03 * Sec. 148. Section 131 of this Act takes effect September 1, 2020. 04 * Sec. 149. Sections 141 and 143 of this Act take effect immediately under 05 AS 01.10.070(c). 06 * Sec. 150. Except as provided in secs. 146 - 149 of this Act, this Act takes effect July 1, 07 2019.