00 HOUSE BILL NO. 51 01 "An Act relating to probation; relating to a program allowing probationers to earn 02 credits for complying with the conditions of probation; relating to early termination of 03 probation; relating to parole; relating to a program allowing parolees to earn credits for 04 complying with the conditions of parole; relating to early termination of parole; relating 05 to eligibility for discretionary parole; relating to good time; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 12.55.025(c) is amended to read: 09 (c) Except as provided in (d) of this section, when a defendant is sentenced to 10 imprisonment, the term of confinement commences on the date of imposition of 11 sentence unless the court specifically provides that the defendant must report to serve 12 the sentence on another date. If the court provides another date to begin the term of 13 confinement, the court shall provide the defendant with written notice of the date, 01 time, and location of the correctional facility to which the defendant must report. A 02 defendant shall receive credit for time spent in custody pending trial, sentencing, or 03 appeal, if the detention was in connection with the offense for which the sentence was 04 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 05 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 06 actual time spent in custody pending trial, sentencing, or appeal. The time during 07 which a defendant is voluntarily absent from official detention after the defendant has 08 been sentenced may not be credited toward service of the sentence. 09  * Sec. 2. AS 12.55.051(a) is amended to read: 10 (a) If the defendant defaults in the payment of a fine or any installment or of 11 restitution or any installment, the court may order the defendant to show cause why 12 the defendant should not be sentenced to imprisonment for nonpayment and, if the 13 payment was made a condition of the defendant's probation, may revoke the probation 14 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 15 contempt or probation revocation proceeding brought as a result of failure to pay a 16 fine or restitution, it is an affirmative defense that the defendant was unable to pay 17 despite having made continuing good faith efforts to pay the fine or restitution. If the 18 court finds that the defendant was unable to pay despite having made continuing good 19 faith efforts, the defendant may not be imprisoned solely because of the inability to 20 pay. If the court does not find that the default was attributable to the defendant's 21 inability to pay despite having made continuing good faith efforts to pay the fine or 22 restitution, the court may order the defendant imprisoned [SUBJECT TO THE 23 LIMITS SET OUT IN AS 12.55.110]. A term of imprisonment imposed under this 24 section may not exceed one day for each $50 of the unpaid portion of the fine or 25 restitution or one year, whichever is shorter. Credit shall be given toward satisfaction 26 of the order of the court for every day a person is incarcerated for nonpayment of a 27 fine or restitution. 28  * Sec. 3. AS 12.55.090(g) is amended to read: 29 (g) A probation officer may [SHALL] recommend to the court that probation 30 be terminated and a defendant be discharged from probation if the defendant 31 (1) [HAS COMPLETED AT LEAST 01 (A) TWO YEARS ON PROBATION IF THE PERSON WAS 02 CONVICTED OF A CLASS A OR CLASS B FELONY THAT IS NOT A 03 CRIME UNDER (5) OF THIS SUBSECTION; OR 04 (B) 18 MONTHS ON PROBATION IF THE PERSON WAS 05 CONVICTED OF A CRIME THAT IS NOT A CRIME 06 (i) UNDER (A) OF THIS PARAGRAPH; OR 07 (ii) UNDER (5) OF THIS SUBSECTION; 08 (2)] has completed all treatment programs required as a condition of 09 probation; 10 (2) [(3) HAS NOT BEEN FOUND IN VIOLATION OF 11 CONDITIONS OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED 12 IN (1) OF THIS SUBSECTION; 13 (4)] is currently in compliance with all conditions of probation for all 14 of the cases for which the person is on probation; and 15 (3) [(5)] has not been convicted of an unclassified felony offense, a 16 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as 17 defined in AS 18.66.990. 18  * Sec. 4. AS 33.05.020(h) is amended to read: 19 (h) The commissioner shall establish by regulation a program allowing 20 probationers to earn credits for complying with the conditions of probation. The 21 credits earned reduce the period of probation. Nothing in this subsection prohibits the 22 department from recommending to the court the early discharge of the probationer as 23 provided in AS 12.55 and this chapter [AS 33.30]. At a minimum, the regulations 24 must 25 (1) require that a probationer earn a credit of one day [30 DAYS] for 26 each three-day [30-DAY] period served in which the defendant complied with the 27 conditions of probation; 28 (2) include policies and procedures for 29 (A) calculating and tracking credits earned by probationers; 30 (B) reducing the probationer's period of probation based on 31 credits earned by the probationer; and 01 (C) notifying a victim under AS 33.30.013; 02 (3) require that a probationer convicted of a [SEX OFFENSE AS 03 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in 04 AS 18.66.990 complete all treatment programs required as a condition of probation 05 before discharge based on credits earned under this subsection. 06  * Sec. 5. AS 33.05.020 is amended by adding new subsections to read: 07 (i) A probationer convicted of a sex offense, as defined in AS 12.63.100, may 08 not be enrolled in a program established under (h) of this section. 09 (j) If a probationer is found in violation of the conditions of probation, the 10 probationer forfeits any credits earned under (h) of this section before the date of the 11 violation. 12  * Sec. 6. AS 33.05.040 is amended to read: 13 Sec. 33.05.040. Duties of probation officers. A probation officer shall  14 (1) furnish to each probationer under the supervision of the officer a 15 written statement of the conditions of probation and shall instruct the probationer 16 regarding the same; 17 (2) keep informed concerning the conduct and condition of each 18 probationer under the supervision of the officer and shall report on the probationer to 19 the court placing that person on probation; 20 (3) use all suitable methods, not inconsistent with the conditions 21 imposed by the court, to aid probationers and to bring about improvements in their 22 conduct and condition; 23 (4) [KEEP RECORDS OF THE PROBATION WORK, INCLUDING 24 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 25 OFFICER IMPOSES UNDER AS 33.05.020(g), KEEP ACCURATE AND 26 COMPLETE ACCOUNTS OF ALL MONEY COLLECTED FROM PERSONS 27 UNDER THE SUPERVISION OF THE OFFICER, GIVE RECEIPTS FOR MONEY 28 COLLECTED AND MAKE AT LEAST MONTHLY RETURNS OF IT, MAKE 29 THE REPORTS TO THE COURT AND THE COMMISSIONER REQUIRED BY 30 THEM, AND PERFORM OTHER DUTIES THE COURT MAY DIRECT; 31 (5)] perform duties with respect to persons on parole as the 01 commissioner shall request, and in that service shall be termed a parole officer; 02 (5) [(6) USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 03 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 04 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 05 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 06 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 07 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 08 A RECOGNITION OF POSITIVE BEHAVIOR; 09 (7)] upon determining that a probationer under the supervision of the 10 officer meets the requirements of AS 12.55.090(g), consider recommending 11 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be 12 terminated and the probationer be discharged from probation; 13 (6) [(8)] for each probationer who owes restitution and who is under 14 the supervision of the officer, create a restitution payment schedule based on the 15 probationer's income and ability to pay if the court has not already set a restitution 16 payment schedule; 17 (7) [(9)] accommodate the diligent efforts of each probationer to secure 18 and maintain steady employment or to participate in educational courses or training 19 programs when prescribing the times at which a probationer shall report; 20 (8) [(10)] permit each probationer to travel in the state to make diligent 21 efforts to secure and maintain steady employment or to participate in educational 22 courses or training programs if the travel is not inconsistent with other terms and 23 conditions of probation. 24  * Sec. 7. AS 33.16.060(a) is amended to read: 25 (a) The board shall 26 (1) serve as the parole authority for the state; 27 (2) upon receipt of the prisoner's application, consider the 28 suitability for parole of a prisoner who is eligible for discretionary parole and [AT 29 LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY 30 AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR] special medical 31 parole; 01 (3) impose parole conditions on all prisoners released under special 02 medical, discretionary, or mandatory parole; 03 (4) under AS 33.16.210, discharge a person from parole when custody 04 is no longer required; 05 (5) maintain records of the meetings and proceedings of the board; 06 (6) recommend to the governor and the legislature changes in the law 07 administered by the board; 08 (7) recommend to the governor or the commissioner changes in the 09 practices of the department and of other departments of the executive branch 10 necessary to facilitate the purposes and practices of parole; 11 (8) upon request of the governor, review and recommend applicants 12 for executive clemency; and 13 (9) execute other responsibilities prescribed by law. 14  * Sec. 8. AS 33.16.090(b) is amended to read: 15 (b) A prisoner eligible under (a)(1) of this section who is sentenced 16 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 17 released on discretionary parole until the prisoner has served the mandatory minimum 18 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 19 imposed, or any term set under AS 12.55.115, whichever is greatest; 20 (2) to a single sentence within or below a presumptive range set out in 21 AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) [AS 12.55.125(i)(1) AND (2)], and 22 has not been allowed by the three-judge panel under AS 12.55.175 to be considered 23 for discretionary parole release, may not be released on discretionary parole until the 24 prisoner has served the term imposed, less good time earned under AS 33.20.010; 25 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and  26 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 27 AS 12.55.175 to be considered for discretionary parole release during the second half 28 of the sentence, may not be released on discretionary parole until 29 (A) the prisoner has served that portion of the active term of 30 imprisonment required by the three-judge panel; and 31 (B) in addition to the factors set out in AS 33.16.100(a), the 01 board determines that 02 (i) the prisoner has successfully completed all 03 rehabilitation programs ordered by the three-judge panel that were 04 made available to the prisoner; and 05 (ii) the prisoner would not constitute a danger to the 06 public if released on parole; 07 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 08 the applicable presumptive range may not be released on discretionary parole until the 09 prisoner has served the greater of the following: 10 (A) an amount of time, less good time earned under 11 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 12 of the amount of time above the presumptive range; or 13 (B) any term set under AS 12.55.115; 14 (5) to a single sentence under any other provision of law may not be 15 released on discretionary parole until the prisoner has served at least one-fourth of the 16 active term of imprisonment, any mandatory minimum sentence imposed under any 17 provision of law, or any term set under AS 12.55.115, whichever is greatest; 18 (6) to concurrent sentences may not be released on discretionary parole 19 until the prisoner has served the greatest of 20 (A) any mandatory minimum sentence or sentences imposed 21 under any provision of law; 22 (B) any term set under AS 12.55.115; or 23 (C) the amount of time that is required to be served under (1) - 24 (5) of this subsection for the sentence imposed for the primary crime, had that 25 been the only sentence imposed; 26 (7) to consecutive or partially consecutive sentences may not be 27 released on discretionary parole until the prisoner has served the greatest of 28 (A) the composite total of any mandatory minimum sentence or 29 sentences imposed under any provision of law, including AS 12.55.127; 30 (B) any term set under AS 12.55.115; or 31 (C) the amount of time that is required to be served under (1) - 01 (5) of this subsection for the sentence imposed for the primary crime, had that 02 been the only sentence imposed, plus one-quarter of the composite total of the 03 active term of imprisonment imposed as consecutive or partially consecutive 04 sentences imposed for all crimes other than the primary crime [; 05 (8) TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND 06 (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER 07 AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, 08 MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE 09 PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED 10 UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT 11 IMPOSED]. 12  * Sec. 9. AS 33.16.100(a) is amended to read: 13 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 14 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and 15 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 16 exists that 17 (1) the prisoner will live and remain at liberty without violating any 18 laws or conditions imposed by the board; 19 (2) the prisoner's rehabilitation and reintegration into society will be 20 furthered by release on parole; 21 (3) the prisoner will not pose a threat of harm to the public if released 22 on parole; and 23 (4) release of the prisoner on parole would not diminish the 24 seriousness of the crime. 25  * Sec. 10. AS 33.16.100 is amended by adding a new subsection to read: 26 (h) If the parole board considers an application for discretionary parole and 27 denies parole because the prisoner does not meet the standards in (a) or (g) of this 28 section, the board may make a prisoner ineligible for further consideration of 29 discretionary parole, or may require that additional time be served before the prisoner 30 is again eligible for consideration for discretionary parole. 31  * Sec. 11. AS 33.16.130(a) is amended to read: 01 (a) The parole board shall hold a hearing before granting an eligible prisoner 02 special medical or discretionary parole. Upon receipt of an application under  03 AS 33.16.060(a), a [A] hearing shall be conducted within the following time frames: 04 (1) for prisoners eligible under AS 33.16.100(a) [OR (f)], not less than 05 90 days before the first parole eligibility date; 06 (2) for all other prisoners, not less than 30 days after the board is 07 notified of the need for a hearing by the commissioner or the commissioner's designee. 08  * Sec. 12. AS 33.16.210(a) is amended to read: 09 (a) The board may unconditionally discharge a parolee from the jurisdiction 10 and custody of the board [AFTER THE PAROLEE HAS COMPLETED ONE YEAR 11 OF PAROLE]. A discretionary parolee with a residual period of probation may [, 12 AFTER ONE YEAR OF PAROLE,] be discharged by the board to immediately begin 13 serving the residual period of probation. 14  * Sec. 13. AS 33.16.210(c) is amended to read: 15 (c) A parole officer may [SHALL] recommend to the board early discharge 16 for a parolee who 17 (1) [HAS COMPLETED AT LEAST ONE YEAR ON PAROLE; 18 (2)] has completed all treatment programs required as a condition of 19 parole; 20 (2) is currently in compliance with all conditions of parole for all  21 of the cases for which the person is on parole; and 22 (3) [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS 23 OF PAROLE BY THE BOARD FOR AT LEAST ONE YEAR; AND 24 (4)] has not been convicted of 25 (A) an unclassified felony offense under AS 11; 26 (B) a sexual felony as defined in AS 12.55.185; or 27 (C) a crime involving domestic violence as defined in 28 AS 18.66.990. 29  * Sec. 14. AS 33.16.220(b) is amended to read: 30 (b) Except as provided in (e) of this section, within 15 working days after the 31 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER 01 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its 02 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 03 designee shall determine if there is probable cause to believe that the parolee violated 04 the conditions of parole and, when probable cause exists, whether the parolee should 05 be released pending a final revocation hearing. A finding of probable cause at a 06 preliminary hearing in a criminal case is conclusive proof of probable cause that a 07 parole violation occurred. 08  * Sec. 15. AS 33.16.220(i) is amended to read: 09 (i) If, after the final revocation hearing, the board finds that the parolee has 10 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 11 ordinance, the board may revoke all or a portion of the remaining period of parole 12 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition 13 of parole. [A PAROLEE'S PERIOD OF PAROLE IS TOLLED FROM THE DATE 14 OF FILING WITH THE PAROLE BOARD OF A VIOLATION REPORT FOR 15 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 16 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 17 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 18 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 19 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 20 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN 21 TOLLED AS DESCRIBED IN THIS SECTION.] 22  * Sec. 16. AS 33.16.270 is amended to read: 23 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 24 by regulation a program allowing parolees to earn credits for complying with the 25 conditions of parole. The earned compliance credits reduce the period of parole. 26 Nothing in this section prohibits the department from recommending to the board the 27 early discharge of the parolee as provided in this chapter. At a minimum, the 28 regulations must  29 (1) require that a parolee earn a credit of one day [30 DAYS] for each 30 three-day [30-DAY] period served in which the parolee complied with the conditions 31 of parole; 01 (2) include policies and procedures for 02 (A) calculating and tracking credits earned by parolees; 03 (B) reducing the parolee's period of parole based on credits 04 earned by the parolee and notifying a victim under AS 33.30.013; 05 (3) require that a parolee convicted of a [SEX OFFENSE AS 06 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence complete all 07 treatment programs required as a condition of parole before discharge based on credits 08 earned under this section. 09  * Sec. 17. AS 33.16.270 is amended by adding new subsections to read: 10 (b) A parolee convicted of a sex offense, as defined in AS 12.63.100, may not 11 be enrolled in a program established under (a) of this section. 12 (c) If a parolee is found in violation of the conditions of parole, the parolee 13 forfeits any credits earned under (a) of this section prior to the date of the violation. 14  * Sec. 18. AS 33.20.010(c) is repealed and reenacted to read: 15 (c) A prisoner may not be awarded a good time deduction under (a) of this 16 section for any period spent in a treatment program, in a private residence, or while 17 under electronic monitoring. 18  * Sec. 19. AS 44.19.645(g) is amended to read: 19 (g) The Department of Corrections shall report quarterly to the working group 20 authorized in (b)(3) of this section. The report shall include the following information: 21 (1) data on pretrial decision making and outcomes, including 22 information on pretrial detainees admitted for a new criminal charge; detainees 23 released at any point before case resolution; time spent detained before first release or 24 case resolution; pretrial defendant risk level and charge; pretrial release 25 recommendations made by pretrial services officers; pretrial conditions imposed on 26 pretrial detainees by judicial officers, including amount of bail, and supervision 27 conditions; and information on pretrial outcomes, including whether or not the 28 defendant appeared in court or was re-arrested during the pretrial period; 29 (2) data on offenders admitted to the Department of Corrections for a 30 new criminal conviction, including the offense type, number of prior felony 31 convictions, sentence length, and length of stay; 01 02 (3) data on the population of the Department of Corrections, using a 03 one-day snapshot on the first day of the first month of each quarter, broken down by 04 type of admission, offense type, and risk level; 05 (4) data on offenders on probation supervised by the Department of 06 Corrections, including the total number of offenders supervised using a one-day 07 snapshot on the first month of each quarter; admissions to probation; assignments to a 08 program under AS 33.05.020(f); probation sentence length; time served on the 09 sentence; whether probation was successfully completed, any new convictions for a 10 felony offense, and any sentences to a term of imprisonment while on probation; 11 (5) data on parole, including the number of offenders supervised on 12 parole, using a one-day snapshot on the first month of each quarter; the number of 13 parole hearings; the parole grant rate and number of parolees released on discretionary 14 and special medical parole; and information on parolees, including time spent on 15 parole, whether parole was successfully completed, any new convictions for a new 16 felony offense, and any sentences to a term of imprisonment while on parole; 17 (6) data on the implementation of policies from the 2015 justice 18 reinvestment report, including the number and percentage of offenders who earn 19 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 20 and the total amount of credits earned; [THE AVERAGE NUMBER OF 21 SANCTIONS ISSUED UNDER AS 33.05.020(g) BEFORE A PETITION TO 22 REVOKE PROBATION OR PAROLE IS FILED;] and the most common violations 23 of probation or parole; and 24 (7) data on probation and parole revocations, including information on 25 probationers and parolees admitted for a supervision violation pre-case and post-case 26 resolution; probationers and parolees admitted solely for a technical violation; 27 probationers and parolees admitted for a new arrest; the number of previous 28 revocations on the current sentence, if any; the length of time held pre-case resolution; 29 the length of time to case resolution; and the length of stay. 30  * Sec. 20. AS 12.30.055(b); AS 12.55.090(n), 12.55.100(a)(2)(H), 12.55.110(c), 31 12.55.110(d), 12.55.110(e), 12.55.110(f), 12.55.110(g), 12.55.110(h); AS 33.05.020(g), 01 33.05.080(1); AS 33.16.100(f), 33.16.180(8), 33.16.210(b), 33.16.215, 33.16.220(j), 02 33.16.240(h), 33.16.900(2); and AS 33.20.010(a)(4) are repealed. 03  * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) The following sections apply to sentences imposed on or after 06 the effective date of those sections for conduct occurring on or after the effective date of those 07 sections: 08 (1) AS 12.55.025(c), as amended by sec. 1 of this Act; and 09 (2) AS 12.55.051(a), as amended by sec. 2 of this Act. 10 (b) The following sections apply to probation ordered on or after the effective date of 11 those sections for conduct occurring on or after the effective date of those sections: 12 (1) AS 12.55.090(g), as amended by sec. 3 of this Act; 13 (2) AS 33.05.020(h), as amended by sec. 4 of this Act; 14 (3) AS 33.05.020(i) and (j), enacted by sec. 5 of this Act; and 15 (4) AS 33.05.040, as amended by sec. 6 of this Act. 16 (c) The following sections apply to parole ordered on or after the effective date of 17 those sections for conduct occurring on or after the effective date of those sections: 18 (1) AS 33.16.060(a), as amended by sec. 7 of this Act; 19 (2) AS 33.16.090(b), as amended by sec. 8 of this Act; 20 (3) AS 33.16.100(h), enacted by sec. 10 of this Act; 21 (4) AS 33.16.130(a), as amended by sec. 11 of this Act; 22 (5) AS 33.16.210(a), as amended by sec. 12 of this Act; 23 (6) AS 33.16.210(c), as amended by sec. 13 of this Act; 24 (7) AS 33.16.220(b), as amended by sec. 14 of this Act; 25 (8) AS 33.16.220(i), as amended by sec. 15 of this Act; 26 (9) AS 33.16.270, as amended by sec. 16 of this Act; 27 (10) AS 33.16.270(b) and (c), enacted by sec. 17 of this Act; and 28 (11) AS 33.20.010(c), as repealed and reenacted by sec. 18 of this Act. 29 (d) AS 33.16.100(a), as amended by sec. 9 of this Act, applies to parole granted on or 30 after the effective date of sec. 9 of this Act, for conduct occurring before, on, or after the 31 effective date of this Act. 01  * Sec. 22. This Act takes effect July 1, 2019.