00 HOUSE BILL NO. 228 01 "An Act relating to notice provided to victims regarding petitions for removal from a 02 registry that is published on the Internet; relating to the duration of the duty to register 03 as a sex offender or child kidnapper; relating to petitions for removal from a registry 04 that is published on the Internet; relating to the definitions of 'tier I sex offense,' 'tier II 05 sex offense or child kidnapping,' and 'tier III sex offense or child kidnapping'; amending 06 the definition of 'sex offense'; relating to the jurisdiction of the Court of Appeals; 07 establishing Rule 35.3, Alaska Rules of Criminal Procedure; and providing for an 08 effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10  * Section 1. AS 12.61.010(a) is amended to read: 11 (a) Victims of crimes have the following rights: 12 (1) the right to be present during any proceeding in 01 (A) the prosecution and sentencing of a defendant if the 02 defendant has the right to be present, including being present during testimony 03 even if the victim is likely to be called as a witness; 04 (B) the adjudication of a minor as provided under 05 AS 47.12.110; 06 (2) the right to be notified by the appropriate law enforcement agency 07 or the prosecuting attorney of any request for a continuance that may substantially 08 delay the prosecution and of the date of trial, sentencing, including a proceeding 09 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 10 the defendant's release from custody is considered; 11 (3) the right to be notified that a sentencing hearing or a court 12 proceeding to which the victim has been subpoenaed will not occur as scheduled; 13 (4) the right to receive protection from harm and threats of harm 14 arising out of cooperation with law enforcement and prosecution efforts and to be 15 provided with information as to the protection available; 16 (5) the right to be notified of the procedure to be followed to apply for 17 and receive any compensation under AS 18.67; 18 (6) at the request of the prosecution or a law enforcement agency, the 19 right to cooperate with the criminal justice process without loss of pay and other 20 employee benefits except as authorized by AS 12.61.017 and without interference in 21 any form by the employer of the victim of crime; 22 (7) the right to obtain access to immediate medical assistance and not 23 to be detained for an unreasonable length of time by a law enforcement agency before 24 having medical assistance administered; however, an employee of the law 25 enforcement agency may, if necessary, accompany the person to a medical facility to 26 question the person about the criminal incident if the questioning does not hinder the 27 administration of medical assistance; 28 (8) the right to make a written or oral statement for use in preparation 29 of the presentence report of a felony defendant; 30 (9) the right to appear personally at the defendant's sentencing hearing 31 to present a written statement and to give sworn testimony or an unsworn oral 01 presentation; 02 (10) the right to be informed by the prosecuting attorney, at any time 03 after the defendant's conviction, about the complete record of the defendant's 04 convictions; 05 (11) the right to notice under AS 12.47.095 concerning the status of the 06 defendant found not guilty by reason of insanity; 07 (12) the right to notice under AS 33.16.087 of a hearing concerning 08 special medical parole of the defendant; 09 (13) the right to notice under AS 33.16.120 of a hearing to consider or 10 review discretionary parole of the defendant; 11 (14) the right to notice under AS 33.30.013 of the release or escape of 12 the defendant; [AND] 13 (15) the right to be notified orally and in writing of and receive 14 information about the office of victims' rights from the law enforcement officer 15 initially investigating the crime and from the prosecuting attorney assigned to the 16 offense; at a minimum, the information provided must include the address, telephone 17 number, and Internet address of the office of victims' rights; this paragraph 18 (A) applies only to victims of felonies and to victims of class A 19 misdemeanors if the class A misdemeanor is a crime involving domestic 20 violence or a crime against a person under AS 11.41; if the victim is an 21 unemancipated minor, the law enforcement officer and the prosecuting 22 attorney shall also provide the notice required by this paragraph to the parent 23 or guardian of the minor; 24 (B) is satisfied if, at the time of initial contact with the crime 25 victim, the investigating officer and prosecuting attorney each give each crime 26 victim a brochure or other written material prepared by the office of victims' 27 rights and provided to law enforcement agencies for that purpose; and  28 (16) the right to notice of a hearing under AS 12.63.035 concerning  29 a sex offender or child kidnapper's petition for removal from a registry that is  30 published on the Internet. 31  * Sec. 2. AS 12.61.015(a) is amended to read:  01 (a) If a victim of a felony, a sex offense as defined in AS 12.63.100, or a crime 02 involving domestic violence requests, the prosecuting attorney shall make a reasonable 03 effort to  04 (1) confer with the person against whom the offense has been 05 perpetrated about that person's testimony before the defendant's trial; 06 (2) in a manner reasonably calculated to give prompt actual notice, 07 notify the victim 08 (A) of the defendant's conviction and the crimes of which the 09 defendant was convicted; 10 (B) of the victim's right in a case that is a felony to make a 11 written or oral statement for use in preparation of the defendant's presentence 12 report, and of the victim's right to appear personally at the defendant's 13 sentencing hearing to present a written statement and to give sworn testimony 14 or an unsworn oral presentation; 15 (C) of the address and telephone number of the office that will 16 prepare the presentence report; and 17 (D) of the time and place of the sentencing proceeding; and  18 (E) when a petition is filed under AS 12.63.035 and of the  19 victim's right to appear at the hearing under AS 12.63.035, present a  20 written statement, and give sworn testimony or an unsworn oral  21 presentation;  22 (3) notify the victim in writing of the final disposition of the case 23 within 30 days after final disposition of the case; 24 (4) confer with the victim or the victim's legal guardian concerning a 25 proposed plea agreement before entering into the plea agreement to ask the victim or 26 the victim's legal guardian whether the victim is in agreement with the proposed plea 27 agreement; the prosecuting attorney shall record whether the victim or the victim's 28 legal guardian is in agreement with the proposed plea agreement; 29 (5) inform the victim of a pending motion that may substantially delay 30 the prosecution and inform the court of the victim's position on the motion; in this 31 paragraph, a "substantial delay" is 01 (A) for a misdemeanor, a delay of one month or longer; 02 (B) for a felony, a delay of two months or longer; and 03 (C) for an appeal, a delay of six months or longer. 04  * Sec. 3. AS 12.63.010(b) is amended to read:  05 (b) A sex offender or child kidnapper required to register under (a) of this 06 section shall register with the Department of Corrections if the sex offender or child 07 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 08 police department located nearest to where the sex offender or child kidnapper resides 09 at the time of registration. To fulfill the registration requirement, the sex offender or 10 child kidnapper shall  11 (1) complete a registration form that includes the following  12 information, if applicable: [, AT A MINIMUM,] 13 (A) the sex offender's or child kidnapper's name, mailing and  14 physical address, school address, telephone numbers used by the sex  15 offender or child kidnapper, social security number, passport  16 information, place of employment, job title, and date of birth; 17 (B) each conviction for a sex offense or child kidnapping for 18 which the duty to register has not terminated under AS 12.63.020, the date of 19 the sex offense or child kidnapping convictions, the place and court of the sex 20 offense or child kidnapping convictions, and whether the sex offender or child 21 kidnapper has been unconditionally discharged from the conviction for a sex 22 offense or child kidnapping and the date of the unconditional discharge; if the 23 sex offender or child kidnapper asserts that the offender or kidnapper has been 24 unconditionally discharged, the offender or kidnapper shall supply proof of 25 that discharge acceptable to the department; 26 (C) all aliases used; 27 (D) the sex offender's or child kidnapper's driver's license 28 number; 29 (E) the description, license numbers, and vehicle identification 30 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and  31 recreational vehicles the sex offender or child kidnapper has access to, 01 regardless of whether that access is regular or not; 02 (F) any identifying features of the sex offender or child 03 kidnapper; 04 (G) anticipated changes of address and any temporary  05 lodging used by the sex offender or child kidnapper; 06 (H) a statement concerning whether the offender or kidnapper 07 has had treatment for a mental abnormality or personality disorder since the 08 date of conviction for an offense requiring registration under this chapter; and 09 (I) each electronic mail address, instant messaging address, and 10 other Internet communication identifier used by the sex offender or child 11 kidnapper; 12 (J) professional licensing information;  13 (2) allow the Alaska state troopers, Department of Corrections, or 14 municipal police to take a complete set of the sex offender's or child kidnapper's 15 fingerprints, palm prints, and to take the sex offender's or child kidnapper's 16 photograph. 17  * Sec. 4. AS 12.63.010(d) is amended to read:  18 (d) A sex offender or child kidnapper required to register 19 (1) for 10 years or 15 years under (a) of this section and AS 12.63.020 20 shall, annually, during the term of a duty to register under AS 12.63.020, on a date set 21 by the department at the time of the sex offender's or child kidnapper's initial 22 registration, provide written verification to the department, in the manner required by 23 the department, of the information provided under (b)(1) of this section [SEX 24 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 25 the information previously provided under (b)(1) of this section; 26 (2) for life under (a) of this section and AS 12.63.020 shall, not less 27 than quarterly, on a date set by the department, provide written verification to the 28 department, in the manner required by the department, of the information provided  29 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 30 ADDRESS] and notice of any changes to the information previously provided under 31 (b)(1) of this section. 01  * Sec. 5. AS 12.63.010 is amended by adding new subsections to read: 02 (g) If a sex offender or child kidnapper plans to leave the state after having 03 registered under (a) of this section, the sex offender or child kidnapper shall provide 04 written notice to the department of the plan to leave the state at least seven calendar 05 days before leaving the state. If a sex offender or child kidnapper plans to leave the 06 state because of international travel after having registered under (a) of this section, 07 the sex offender or child kidnapper shall provide written notice to the department of 08 the plan for international travel at least 21 calendar days before leaving the state for 09 international travel. 10 (h) If a sex offender or child kidnapper is away from the address provided to 11 the department under (b)(1)(A) of this section for seven days or more, the sex offender 12 or child kidnapper must notify the department in writing of the address being used by 13 the sex offender or child kidnapper while away from the residence provided under 14 (b)(1)(A) of this section. 15  * Sec. 6. AS 12.63.020(a) is amended to read: 16 (a) The duty of a sex offender or child kidnapper to comply with the 17 requirements of AS 12.63.010 is as follows: 18 (1) for a sex offender or child kidnapper, as that term is defined in 19 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 20 (A) continues for the lifetime of a sex offender or child 21 kidnapper convicted of a tier III sex offense or child kidnapping 22 [(i) ONE AGGRAVATED SEX OFFENSE; OR 23 (ii) TWO OR MORE SEX OFFENSES, TWO OR 24 MORE CHILD KIDNAPPINGS, OR ONE SEX OFFENSE AND ONE 25 CHILD KIDNAPPING; FOR PURPOSES OF THIS SECTION, A 26 PERSON CONVICTED OF INDECENT EXPOSURE BEFORE A 27 PERSON UNDER 16 YEARS OF AGE UNDER AS 11.41.460 MORE 28 THAN TWO TIMES HAS BEEN CONVICTED OF TWO OR MORE 29 SEX OFFENSES]; 30 (B) ends 15 years following the sex offender's or child 31 kidnapper's unconditional discharge from a conviction for a tier II sex offense  01 or child kidnapping;  02 (C) ends 10 years following the sex offender's unconditional  03 discharge from a conviction for a tier I sex offense [SINGLE SEX 04 OFFENSE THAT IS NOT AN AGGRAVATED SEX OFFENSE OR FOR A 05 SINGLE CHILD KIDNAPPING IF THE SEX OFFENDER OR CHILD 06 KIDNAPPER HAS SUPPLIED PROOF THAT IS ACCEPTABLE TO THE 07 DEPARTMENT OF THE UNCONDITIONAL DISCHARGE; THE 08 REGISTRATION PERIOD UNDER THIS SUBPARAGRAPH 09 (i) IS TOLLED FOR EACH YEAR THAT A SEX 10 OFFENDER OR CHILD KIDNAPPER FAILS TO COMPLY WITH 11 THE REQUIREMENTS OF THIS CHAPTER OR IS 12 INCARCERATED FOR THE OFFENSE OR KIDNAPPING FOR 13 WHICH THE OFFENDER OR KIDNAPPER IS REQUIRED TO 14 REGISTER OR FOR ANY OTHER OFFENSE; 15 (ii) MAY INCLUDE THE TIME A SEX OFFENDER 16 OR CHILD KIDNAPPER WAS ABSENT FROM THIS STATE IF 17 THE SEX OFFENDER OR CHILD KIDNAPPER HAS COMPLIED 18 WITH ANY SEX OFFENDER OR CHILD KIDNAPPER 19 REGISTRATION REQUIREMENTS OF THE JURISDICTION IN 20 WHICH THE OFFENDER OR KIDNAPPER WAS LOCATED AND 21 IF THE SEX OFFENDER OR CHILD KIDNAPPER PROVIDES THE 22 DEPARTMENT WITH PROOF OF THE COMPLIANCE WHILE 23 THE SEX OFFENDER OR CHILD KIDNAPPER WAS ABSENT 24 FROM THIS STATE; AND 25 (iii) CONTINUES FOR A SEX OFFENDER OR 26 CHILD KIDNAPPER WHO HAS NOT SUPPLIED PROOF 27 ACCEPTABLE TO THE DEPARTMENT OF THE OFFENDER'S OR 28 KIDNAPPER'S UNCONDITIONAL DISCHARGE FOR THE SEX 29 OFFENSE OR CHILD KIDNAPPING REQUIRING 30 REGISTRATION]; 31 (2) for a sex offender or child kidnapper, as that term is defined in 01 AS 12.63.100(6)(B), the duty continues for the period determined by the department 02 under (b) of this section. 03  * Sec. 7. AS 12.63.020 is amended by adding a new subsection to read: 04 (c) The registration period under this section 05 (1) is tolled during the period 06 (A) of noncompliance, if the sex offender or child kidnapper 07 has failed to comply with the requirements of this chapter; 08 (B) that the sex offender or child kidnapper is incarcerated for 09 the offense or kidnapping for which the sex offender or child kidnapper is 10 required to register or for any other offense; 11 (2) may include the time a sex offender or child kidnapper was absent 12 from this state if the sex offender or child kidnapper has complied with any sex 13 offender or child kidnapper registration requirements of the jurisdiction in which the 14 sex offender or child kidnapper was located and if the sex offender or child kidnapper 15 provides the department with proof of the compliance while the sex offender or child 16 kidnapper was absent from this state; and 17 (3) continues for a sex offender or child kidnapper who has not 18 supplied proof acceptable to the department of the sex offender's or child kidnapper's 19 unconditional discharge for the sex offense or child kidnapping requiring registration. 20  * Sec. 8. AS 12.63 is amended by adding a new section to read: 21 Sec. 12.63.035. Removal from a registry that is published on the Internet. 22 (a) A sex offender or child kidnapper who has been unconditionally discharged may 23 petition the court to be removed from a registry that is published on the Internet if 24 (1) the sex offender or child kidnapper has successfully completed all 25 treatment programs ordered by the court or required by the parole board; 26 (2) the sex offender or child kidnapper has, within the previous year, 27 been assessed as low-risk by a treatment provider approved by the Department of 28 Corrections under AS 44.28.020, at the sex offender or child kidnapper's expense; 29 (3) the sex offender or child kidnapper since being convicted of the sex 30 offense or child kidnapping, has not been convicted of a crime, or an attempt, 31 solicitation, or conspiracy to commit a crime under the following statutes or a similar 01 law of another jurisdiction: 02 (A) a crime against a person under AS 11.41; 03 (B) a violation by a sex offender of condition of probation 04 under AS 11.56.759; 05 (C) sending an explicit image of a minor under AS 11.61.116; 06 (D) cruelty to animals under AS 11.61.140; 07 (E) misconduct involving weapons under AS 11.61.190 – 08 11.61.250; 09 (F) a sex offense or child kidnapping as defined in 10 AS 12.63.100; or 11 (G) a crime of domestic violence under AS 18.66.990; 12 (4) for a sex offender or child kidnapper convicted of a tier III sex 13 offense or child kidnapping, the sex offender or child kidnapper has not been 14 convicted of failure to register as a sex offender or child kidnapper under 15 AS 11.56.835 or 11.56.840 or a similar law in another jurisdiction for the previous 15 16 years excluding the period before the sex offender or child kidnapper's unconditional 17 discharge; 18 (5) for a sex offender or child kidnapper convicted of a tier II sex 19 offense or child kidnapping, the sex offender or child kidnapper has not been 20 convicted of failure to register as a sex offender or child kidnapper under 21 AS 11.56.835 or 11.56.840 or a similar law in another jurisdiction for the previous 10 22 years excluding the period before the sex offender or child kidnapper's unconditional 23 discharge; 24 (6) for a sex offender or child kidnapper convicted of a tier I sex 25 offense, the sex offender or child kidnapper has not been convicted of failure to 26 register as a sex offender or child kidnapper under AS 11.56.835 or 11.56.840 or a 27 similar law in another jurisdiction for the previous five years excluding the period 28 before the sex offender or child kidnapper's unconditional discharge. 29 (b) The court may order that a sex offender or child kidnapper be removed 30 from a registry that is published on the Internet if the court finds by clear and 31 convincing evidence that 01 (1) the sex offender or child kidnapper has satisfied the requirements 02 of (a) of this section; 03 (2) the sex offender or child kidnapper is unlikely to commit another 04 sex offense or child kidnapping; and 05 (3) continued registration on a registry that is published on the Internet 06 is not necessary for the protection of the public. 07 (c) A sex offender or child kidnapper petitioning for removal from a registry 08 that is published on the Internet must prove all factual assertions by clear and 09 convincing evidence. 10 (d) If the court denies the petition filed under (a) of this section, the sex 11 offender or child kidnapper may not petition the court again under this section for two 12 years from the date of the denial. 13 (e) If the court orders that a sex offender or child kidnapper be removed from 14 a registry that is published on the Internet under (b) of this section, the Department of 15 Public Safety shall remove the sex offender or child kidnapper from a registry that is 16 published on the Internet. 17 (f) Nothing in this section relieves a sex offender or child kidnapper of the 18 duty to comply with the registration requirements under AS 12.63.010 for the periods 19 specified in AS 12.63.020. 20 (g) If the court determines that the sex offender or child kidnapper is indigent, 21 the court may require the Department of Corrections to bear all or a portion of the cost 22 of the assessment required under (a)(2) of this section. If the court requires the 23 Department of Corrections to bear a portion of the costs of the assessment required 24 under (a)(2) of this section, the sex offender or child kidnapper shall bear the 25 remaining costs of the assessment. 26 (h) A victim may submit to the court a written statement that the victim 27 believes is relevant to the decision of whether to remove a sex offender or child 28 kidnapper from a registry that is published on the Internet and may give sworn 29 testimony or make an unsworn oral presentation to the court at the hearing under this 30 section. If there are numerous victims, the court may reasonably limit the number of 31 victims who may give sworn testimony or make an unsworn oral presentation during 01 the hearing. 02  * Sec. 9. AS 12.63.100(7) is amended to read: 03 (7) "sex offense" means  04 (A) a crime under AS 11.41.100(a)(3), or a similar law of 05 another jurisdiction, in which the person committed or attempted to commit a 06 sexual offense, or a similar offense under the laws of the other jurisdiction; in 07 this subparagraph, "sexual offense" has the meaning given in 08 AS 11.41.100(a)(3); 09 (B) a crime under AS 11.41.110(a)(3), or a similar law of 10 another jurisdiction, in which the person committed or attempted to commit 11 one of the following crimes, or a similar law of another jurisdiction: 12 (i) sexual assault in the first degree; 13 (ii) sexual assault in the second degree; 14 (iii) sexual abuse of a minor in the first degree; or 15 (iv) sexual abuse of a minor in the second degree; 16 (C) a crime, or an attempt, solicitation, or conspiracy to commit 17 a crime, under the following statutes or a similar law of another jurisdiction: 18 (i) AS 11.41.410 - 11.41.438; 19 (ii) AS 11.41.440(a)(2); 20 (iii) AS 11.41.450 - 11.41.458; 21 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 22 exposure is before a person under 16 years of age and the offender has 23 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 24 (v) AS 11.61.125 - 11.61.128; 25 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 26 AS 26.05.900(b) if the person who was induced or caused to engage in 27 prostitution was under 20 years of age at the time of the offense; 28 (vii) former AS 11.15.120, former 11.15.134, or assault 29 with the intent to commit rape under former AS 11.15.160, former 30 AS 11.40.110, or former 11.40.200; 31 (viii) AS 11.61.118(a)(2) if the offender has a previous 01 conviction for that offense; 02 (ix) AS 11.66.100(a)(2) if the offender is subject to 03 punishment under AS 11.66.100(e); 04 (x) AS 26.05.890 if the person engaged in sexual 05 penetration or sexual contact with the victim; 06 (xi) AS 26.05.890 if, at the time of the offense, the 07 victim is under a duty to obey the lawful orders of the offender, 08 regardless of whether the offender is in the direct chain of command 09 over the victim; 10 (xii) AS 26.05.893 if the person engaged in sexual 11 penetration or sexual contact with the victim; 12 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 13 years of age at the time of the offense; 14 (xiv) AS 26.05.900 if, at the time of the offense, the 15 victim is under a duty to obey the lawful orders of the offender, 16 regardless of whether the offender is in the direct chain of command 17 over the victim; or 18 (xv) AS 11.61.123 if the offender is subject to 19 punishment under AS 11.61.123(f)(1) or (2); or  20 (xvi) AS 11.61.140(a)(6) or (7);  21 (D) an offense, or an attempt, solicitation, or conspiracy to 22 commit an offense, under AS 26.05.935(b), or a similar law of another 23 jurisdiction, if the member of the militia commits one of the following 24 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 25 Code of Military Justice): 26 (i) child pornography; or 27 (ii) pandering and prostitution if the person who is 28 induced, enticed, caused, or procured to engage in a sexual act is under 29 20 years of age at the time of the offense; or 30 (E) an offense in which the person is required to register as a 31 sex offender under the laws of another jurisdiction; 01  * Sec. 10. AS 12.63.100 is amended by adding new paragraphs to read: 02 (10) "registry that is published on the Internet" means a website 03 operated by the Department of Public Safety in which information is made publically 04 available about sex offenders and child kidnappers; "registry that is published on the 05 Internet" does not include information provided by sex offenders and child kidnappers 06 under AS 12.63.010 that is not published on the Internet; 07 (11) "tier I sex offense" means an offense, or an attempt, solicitation, 08 or conspiracy to commit one of the following crimes, or a similar crime under the laws 09 of another jurisdiction: 10 (A) a class A misdemeanor sex offense; 11 (B) possession of child pornography under AS 11.61.127; 12 (C) an offense under AS 26.05.935(b) if the member of the 13 militia commits one of the following enumerated offenses punishable under 14 Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice): 15 (i) child pornography; or 16 (ii) pandering and prostitution if the person who is 17 induced, enticed, caused, or procured to engage in a sexual act is under 18 20 years of age at the time of the offense; 19 (12) "tier II sex offense or child kidnapping" means 20 (A) an offense, or an attempt, solicitation, or conspiracy to 21 commit an offense that is a class B felony sex offense or class C felony sex 22 offense under this or a similar law of another jurisdiction that is not a tier I sex 23 offense or tier III sex offense or child kidnapping; 24 (B) an offense, or an attempt, solicitation, or conspiracy to 25 commit child kidnapping as defined in (2) of this section, that is not a tier III 26 sex offense or child kidnapping, or a similar law of another jurisdiction; or 27 (C) an offense, or an attempt, solicitation, or conspiracy to 28 commit a crime under the following statutes or a similar law of another 29 jurisdiction: 30 (i) AS 26.05.890 that is not a tier III sex offense or 31 child kidnapping; 01 (ii) AS 26.05.893 that is not a tier III sex offense or 02 child kidnapping; 03 (iii) AS 26.05.900(a)(1) - (4) if the victim is under 18 04 years of age at the time of the offense; or 05 (iv) AS 26.05.900 if, at the time of the offense, the 06 victim is under a duty to obey the lawful orders of the offender, 07 regardless of whether the offender is in the direct chain of command 08 over the victim; 09 (13) "tier III sex offense or child kidnapping" means 10 (A) a crime under AS 11.41.100(a)(3), or a similar law of 11 another jurisdiction, in which the person committed or attempted to commit a 12 sexual offense or a similar offense under the laws of another jurisdiction; in 13 this subparagraph, "sexual offense" has the meaning given in 14 AS 11.41.100(a)(3); 15 (B) a crime under AS 11.41.110(a)(3), or a similar law of 16 another jurisdiction, in which the person committed or attempted to commit 17 one of the following crimes or a similar crime under the laws of another 18 jurisdiction: 19 (i) sexual assault in the first degree under 20 AS 11.41.410; 21 (ii) sexual assault in the second degree under 22 AS 11.41.420; 23 (iii) sexual abuse of a minor in the first degree under 24 AS 11.41.434; or 25 (iv) sexual abuse of a minor in the second degree under 26 AS 11.41.436; 27 (C) an offense, or an attempt, solicitation, or conspiracy to 28 commit any of the following crimes, or a similar law of another jurisdiction or 29 a similar provision under a former law of this state: 30 (i) sexual assault in the first degree under 31 AS 11.41.410; 01 (ii) sexual assault in the second degree under 02 AS 11.41.420, if, in the course of or in furtherance of the offense, the 03 victim suffers serious physical injury; 04 (iii) sexual abuse of a minor in the first degree under 05 AS 11.41.434; or 06 (iv) sexual abuse of a minor in the second degree under 07 AS 11.41.436 if, in the course of or in furtherance of the offense, the 08 victim suffers serious physical injury or the victim is under 13 years of 09 age; 10 (D) an offense, or an attempt, solicitation, or conspiracy to 11 commit an offense under AS 11.41.300, or a similar law of another 12 jurisdiction, if the person is not a relative of the victim and the victim was 13 under 13 years of age at the time of the offense; 14 (E) two or more convictions for a tier I sex offense, two or 15 more convictions for a tier II sex offense or child kidnapping, or one 16 conviction for a tier I sex offense and one conviction for a tier II sex offense or 17 child kidnapping; 18 (F) an offense, or an attempt, solicitation, or conspiracy to 19 commit an offense, under 20 (i) AS 26.05.890, or a similar law of another 21 jurisdiction, if the person engaged in or attempted to engage in sexual 22 penetration; or 23 (ii) AS 26.05.893, or a similar law of another 24 jurisdiction, if the prohibited sexual activity in which the member of 25 the militia engaged or attempted to engage is sexual penetration. 26 (14) "serious physical injury" has the meaning given in AS 11.81.900. 27  * Sec. 11. AS 18.65.087(d) is amended to read: 28 (d) The Department of Public Safety  29 (1) shall adopt regulations to 30 (A) allow a sex offender or child kidnapper to review sex 31 offender or child kidnapper registration information that refers to that sex 01 offender or child kidnapper, and if the sex offender or child kidnapper believes 02 the information is inaccurate or incomplete, to request the department to 03 correct the information; if the department finds the information is inaccurate or 04 incomplete, the department shall correct or supplement the information; 05 (B) ensure the appropriate circulation to law enforcement 06 agencies of information contained in the central registry; 07 (C) ensure the anonymity of members of the public who 08 request information under this section; 09 (2) shall provide to the Department of Corrections and municipal 10 police departments the forms and directions necessary to allow sex offenders and child 11 kidnappers to comply with AS 12.63.010; 12 (3) may adopt regulations to establish fees to be charged for 13 registration under AS 12.63.010 and for information requests; the fee for registration 14 shall be based upon the actual costs of performing the registration and maintaining the 15 central registry but may not be set at a level whereby registration is discouraged; the 16 fee for an information request may not be greater than $10; 17 (4) shall remove from the central registry of sex offenders and child 18 kidnappers under this section information about a sex offender or child kidnapper 19 required to register under AS 12.63.020(a)(1)(B) and (C) at the end of the sex 20 offender's or child kidnapper's duty to register if the offender or kidnapper has not 21 been convicted of another sex offense or child kidnapping and the offender or 22 kidnapper has supplied proof of unconditional discharge acceptable to the department; 23 in this paragraph, "sex offense" and "child kidnapping" have the meanings given in 24 AS 12.63.100. 25  * Sec. 12. AS 18.85.100 is amended by adding a new subsection to read: 26 (h) An indigent person is entitled to representation under (a) and (b) of this 27 section for purposes of petitioning the court for removal from a registry that is 28 published on the Internet under AS 12.63.035. 29  * Sec. 13. AS 22.07.020(a) is amended to read: 30 (a) The court of appeals has appellate jurisdiction in actions and proceedings 31 commenced in the superior court involving 01 (1) criminal prosecution; 02 (2) post-conviction relief; 03 (3) matters under AS 47.12, including waiver of jurisdiction over a 04 minor under AS 47.12.100; 05 (4) extradition; 06 (5) habeas corpus; 07 (6) probation and parole; [AND] 08 (7) bail; and  09 (8) removal from a registry that is published on the Internet under  10 AS 12.63.035.  11  * Sec. 14. AS 44.28.020 is amended by adding a new subsection to read: 12 (d) The department shall adopt standards, by regulation, for the administration 13 of risk assessments for sex offenders and child kidnappers. 14  * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DIRECT COURT RULE AMENDMENT. Rule 35.3, Alaska Rules of 17 Criminal Procedure, is amended by adding a new section to read: 18 Rule 35.3. Procedure for Removal from a Registry that is Published on the  19 Internet. (a) Scope and Criteria. A sex offender or child kidnapper who has been 20 unconditionally discharged may petition the court to be removed from a registry that is 21 published on the Internet if 22 (1) the sex offender or child kidnapper has successfully completed all 23 treatment programs ordered by the court or required by the parole board; 24 (2) the sex offender or child kidnapper has, within the previous year, 25 been assessed as low-risk by a treatment provider approved by the Department of 26 Corrections under AS 44.28.020, at the sex offender or child kidnapper's expense; 27 (3) the sex offender or child kidnapper since being incarcerated for the 28 sex offense or child kidnapping, has not been convicted of 29 (A) a crime against a person under AS 11.41; 30 (B) a violation by sex offender of condition of probation under 31 AS 11.56.759; 01 (C) sending an explicit image of a minor under AS 11.61.116; 02 (D) cruelty to animals under AS 11.61.140; 03 (E) misconduct involving weapons under AS 11.61.190 - 04 11.61.250; 05 (F) a sex offense or child kidnapping as defined in 06 AS 12.63.100; or 07 (G) a crime of domestic violence under AS 18.66.990; 08 (4) for a sex offender or child kidnapper convicted of a tier III sex 09 offense or child kidnapping, the sex offender or child kidnapper has not been 10 convicted of failure to register as a sex offender or child kidnapper under 11 AS 11.56.835 or 11.56.840 or a similar law in another jurisdiction for the previous 15 12 years excluding the period before the sex offender or child kidnapper's unconditional 13 discharge; 14 (5) for a sex offender or child kidnapper convicted of a tier II sex 15 offense or child kidnapping, the sex offender or child kidnapper has not been 16 convicted of failure to register as a sex offender or child kidnapper under 17 AS 11.56.835 or 11.56.840 or a similar law in another jurisdiction for the previous 10 18 years excluding the period before the sex offender or child kidnapper's unconditional 19 discharge; 20 (6) for a sex offender or child kidnapper convicted of a tier I sex 21 offense, the sex offender or child kidnapper has not been convicted of failure to 22 register as a sex offender or child kidnapper under AS 11.56.835 or 11.56.840 or a 23 similar law in another jurisdiction for the previous five years excluding the period 24 before the sex offender or child kidnapper's unconditional discharge. 25 (b) Commencement of Proceedings-Filing-Service. A proceeding is 26 commenced by filing a petition with the clerk at the court location where the 27 underlying conviction was filed. The clerk shall open a new file for the petition, 28 promptly bring it to the attention of the court and give a copy to the state. 29 (c) Petition-Contents. The petition shall (1) identify the proceedings in which 30 the petitioner was convicted; and (2) articulate that the petitioner meets the criteria in 31 (a) of this rule. Affidavits, records, or other evidence supporting the assertions in the 01 petition shall be attached to the petition or the petition shall recite why they are not 02 attached. The application shall identify any previous petitions for removal from a 03 registry that is published on the Internet. 04 (d) Indigent Applicant. 05 (1) If the applicant is indigent, filing fees must be paid under the 06 provisions of AS 09.19, and counsel shall be appointed consistent with AS 18.85.100 07 to represent the applicant. 08 (2) Within 60 days of an attorney's appointment on behalf of an 09 indigent applicant, the attorney shall file with the court and serve on the state a 10 statement that the litigation will proceed on the claims alleged in the petition filed by 11 the petitioner or an amended or supplemental petition. 12 (e) Pleadings and Judgment on Pleadings. 13 (1) The state shall file an answer or a motion within 45 days of service 14 of an original, amended, or supplemental petition filed by counsel or by a petitioner 15 who elects to proceed without counsel, or of a notice of intent to proceed on the 16 original application under (d)(2) of this rule. The petitioner shall have 30 days to file 17 an opposition, and the state shall have 15 days to file a reply. The motion, opposition, 18 and reply may be supported by affidavit. At any time prior to entry of judgment, the 19 court may grant leave to withdraw the petition. The court may make appropriate 20 orders for amendment of the petition or any pleading or motion, for pleading over, for 21 filing further pleadings or motions, or for extending the time of the filing of any 22 pleading. In considering a pro se petition, the court shall consider substance and 23 disregard defects of form, but a pro se petitioner will be held to the same burden of 24 proof and persuasion as a petitioner proceeding with counsel. If the petition is not 25 accompanied by a record showing that the criteria in (a) of this rule are satisfied, the 26 state may file with its answer the record or portions thereof that are material to proving 27 or disproving the criteria in (a) of this rule. 28 (2) If it appears to the court that the petitioner is not entitled to relief, 29 the court shall indicate to the parties its intention to dismiss the petition and its reasons 30 for so doing. The petitioner and the state shall be given an opportunity to reply to the 31 proposed dismissal. If the petitioner files a response and the court finds that the 01 petition does not meet the criteria in (a) of this rule, or if the petitioner does not file a 02 response, the court shall order the petition dismissed. If the court finds that the petition 03 presents a colorable claim, the court may grant leave to file an amended petition or 04 direct that the proceedings otherwise continue. 05 (3) Subject to (f) of this rule, the court may grant a motion by either 06 party for summary disposition of the petition when it appears from the pleadings, 07 depositions, answers to interrogatories, and admissions and agreements of fact, 08 together with any affidavits submitted, that there is no genuine issue of material fact 09 and the moving party is entitled to judgment as a matter of law. 10 (f) Required Findings and Burden of Proof. The court may order the sex 11 offender or child kidnapper be removed from a registry that is published on the 12 Internet if the court finds by clear and convincing evidence that 13 (1) the sex offender or child kidnapper has satisfied the requirements 14 of (a) of this rule; 15 (2) the sex offender or child kidnapper is unlikely to commit another 16 sex offense or child kidnapping; and 17 (3) continued registration on a registry that is published on the Internet 18 is not necessary for the protection of the public. 19 (g) Hearing-Evidence-Order. A petition regarding a conviction that occurred 20 in the state shall be heard in the court in which the underlying criminal case was heard. 21 The petition may be heard before any judge of that court, but if the sentencing judge is 22 available, the case shall initially be assigned to that judge. A petition regarding a 23 conviction that occurred outside the state shall be heard in the court nearest to where 24 the sex offender or child kidnapper resides and may be heard before any judge of that 25 court. An electronic recording of the proceeding shall be made. All rules and statutes 26 applicable in civil proceedings, including pretrial and discovery procedures, are 27 available to the parties except that Civil Rule 26(a)(1) - (4) does not apply to 28 proceedings for removal from a registry that is published on the Internet. The court 29 may receive proof by affidavits, depositions, oral testimony, or other evidence. Unless 30 otherwise required by statute or the constitution, the petitioner bears the burden of 31 proving all factual assertions by clear and convincing evidence. The court shall make 01 specific findings of fact and state expressly its conclusions of law as outlined in (d) of 02 this rule. The order made by the court is a final judgment. 03 (h) Expedited Consideration. A petitioner may move for expedited 04 consideration of the petition for removal from a registry that is published on the 05 Internet. The motion must comply with Civil Rule 77(g). 06  * Sec. 16. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 07 2019, is amended to read: 08 (c) The following sections apply to the duty to register as a sex offender for 09 offenses committed before, on, or after the effective date of those sections: 10 (1) AS 12.63.010(d), as amended by sec. 82 of this Act; 11 (2) AS 12.63.020, as amended by sec. 83 of this Act; 12 (3) AS 12.63.100(6), as amended by sec. 84 of this Act; 13 (4) AS 12.63.100(7), as amended by sec. 85 of this Act. 14  * Sec. 17. AS 12.63.100(1) is repealed. 15  * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. (a) AS 12.61.010(a), as amended by sec. 1 of this Act, and 18 AS 12.61.015(a), as amended by sec. 2 of this Act, apply to petitions filed and hearings held 19 under AS 12.63.035, enacted by sec. 8 of this Act, for offenses committed before, on, or after 20 the effective date of this Act. 21 (b) Except as otherwise provided in this Act, the following sections apply to the duty 22 to register as a sex offender or child kidnapper for offenses committed before, on, or after the 23 effective date of this Act: 24 (1) AS 12.63.010(b), as amended by sec. 3 of this Act; 25 (2) AS 12.63.010(d), as amended by sec. 4 of this Act; 26 (3) AS 12.63.010(g) and (h), enacted by sec. 5 of this Act; 27 (4) AS 12.63.020(a), as amended by sec. 6 of this Act; 28 (5) AS 12.63.100(11) – (13), enacted by sec. 10 of this Act. 29 (c) AS 12.63.020(c)(1)(A), enacted by sec. 7 of this Act, applies to the tolling of the 30 duty to register as a sex offender or child kidnapper on or after the effective date of this Act 31 for determinations of noncompliance made by the court on or after the effective date of this 01 Act. 02 (d) AS 12.63.020(c)(1)(B), (2), and (3), enacted by sec. 7 of this Act, apply to the 03 tolling of or continuation of the duty to register as a sex offender or child kidnapper on or 04 after the effective date of this Act as determined by the Department of Public Safety on or 05 after the effective date of this Act. 06 (e) AS 12.63.035, enacted by sec. 8 of this Act, and AS 18.85.100(h), enacted by sec. 07 12 of this Act, and Rule 35.3, Alaska Rules of Criminal Procedure, enacted by sec. 15 of this 08 Act, apply to petitions filed on or after the effective date of this Act regarding the duty to 09 register as a sex offender or child kidnapper for offenses committed before, on, or after the 10 effective date of this Act. 11 (f) AS 22.07.020(a), as amended by sec. 13 of this Act, applies to appeals filed on or 12 after the effective date of this Act regarding the duty to register as a sex offender or child 13 kidnapper, imposed before, on, or after the effective date of this Act. 14 (g) Nothing in AS 12.63.020(a), as amended by sec. 6 of this Act, or in 15 AS 12.63.020(c), enacted by sec. 7 of this Act, may be construed as invalidating a decision of 16 the Department of Public Safety to toll the period of registration, or continue the period of 17 registration under AS 12.63 before the effective date of this Act. 18  * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONDITIONAL EFFECT. Section 15 of this Act takes effect only if sec. 15 of this 21 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 22 Constitution of the State of Alaska. 23  * Sec. 20. This Act takes effect July 1, 2020.