00 CS FOR SENATE BILL NO. 33(JUD) 01 "An Act relating to rights of a prisoner after arrest; relating to pretrial release; relating 02 to sentencing; relating to the duties of a prosecuting attorney; relating to treatment 03 program credit toward service of a sentence of imprisonment; relating to electronic 04 monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 LEGISLATIVE INTENT. (a) It is the intent of the legislature that the Alaska Court 10 System, the Department of Corrections, and the Department of Public Safety make continued 11 efforts to find efficiencies in the criminal justice system and increase the use of 12 contemporaneous two-way video conference for pretrial hearings whenever possible. 13 (b) When imposing a sentence, it is the intent of the legislature that the court may take 01 into consideration any good conduct and self-improvement efforts the defendant has made 02 while in pretrial status, including taking general education development, undergraduate, 03 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith- 04 based activities, and voluntary treatment programs. 05 (c) It is the intent of the legislature that the Department of Corrections develop a plan 06 to track and measure the effectiveness of evidence-based programs offered to offenders and 07 report its progress on the plan to both the House and Senate Judiciary Committees during the 08 Second Regular Session of the Thirty-First Alaska State Legislature. 09  * Sec. 2. AS 12.25.150(a) is amended to read: 10 (a) A person arrested shall be taken before a judge or magistrate without 11 unnecessary delay and in any event within 48 [24] hours after arrest, [ABSENT 12 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE 13 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES 14 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 15 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 16 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 17 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR 18 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 19 ARREST.] This requirement applies to municipal police officers to the same extent as 20 it does to state troopers. 21  * Sec. 3. AS 12.30.006(b) is amended to read: 22 (b) At the first appearance before a judicial officer, a person may be detained 23 up to 48 hours for the prosecuting authority to demonstrate that release of the person 24 under AS 12.30.011 would not reasonably ensure the appearance of the person or will 25 pose a danger to the victim, other persons, or the community, if the person has 26 (1) been charged with an unclassified, class A, class B, or class C 27 felony; or 28 (2) a criminal conviction or charge outside the state [THAT HAS NOT 29 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE 30 PRETRIAL RISK ASSESSMENT UNDER AS 33.07]. 31  * Sec. 4. AS 12.30.006(c) is amended to read: 01 (c) A person who remains in custody 48 hours after appearing before a judicial 02 officer because of inability to meet the conditions of release shall, upon application, be 03 entitled to have the conditions reviewed by the judicial officer who imposed them. If 04 the judicial officer who imposed the conditions of release is not available, any judicial 05 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 06 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 07 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 08 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 09 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 10 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 11 (1) APPEARANCE OF THE PERSON IN COURT; AND 12 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 13 COMMUNITY.] 14  * Sec. 5. AS 12.30.006(d) is amended to read: 15 (d) If a person remains in custody after review of conditions by a judicial 16 officer under (c) of this section, the person may request a subsequent review of 17 conditions. Unless the prosecuting authority stipulates otherwise or the person has 18 been incarcerated for a period equal to the maximum sentence for the most serious 19 charge for which the person is being held, a judicial officer may not schedule a bail 20 review hearing under this subsection unless 21 (1) the person provides to the court and the prosecuting authority a 22 written statement that new information not considered at the previous review will be 23 presented at the hearing; the statement must include a description of the information 24 and the reason the information was not presented at a previous hearing; in this 25 paragraph, "new information" does not include [INCLUDES] the person's inability to 26 post the required bail; 27 (2) the prosecuting authority and any surety, if applicable, have at least 28 48 hours' [HOURS"] written notice before the time set for the review requested under 29 this subsection; the defendant shall notify the surety; and 30 (3) at least seven days have elapsed between the previous review and 31 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE 01 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]. 02  * Sec. 6. AS 12.30.006(f) is amended to read: 03 (f) The judicial officer shall issue written or oral findings that explain the 04 reasons the officer imposed the particular conditions of release or modifications or 05 additions to conditions previously imposed. The judicial officer shall inform the 06 person that a law enforcement officer or a pretrial services officer under 07 AS 33.05.040(a)(11) [AS 33.07] may arrest the person without a warrant for violation 08 of the court's order establishing conditions of release. 09  * Sec. 7. 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 pretrial service 19 officer or law enforcement 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 administered 29 by a private organization; 30 (18) order the person to submit to supervision by the pretrial services 31 office in the Department of Corrections under AS 33.05, which may include the use of 01 electronic monitoring if determined necessary by the commissioner of corrections; 02 (19) 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 (20) 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; 17 (7) the person's record of appearance at court proceedings; 18 (8) assets available to the person to meet monetary conditions of 19 release; 20 (9) the person's reputation, character, and mental condition; 21 (10) the effect of the offense on the victim, any threats made to the 22 victim, and the danger that the person poses to the victim; and 23 (11) any other facts that are relevant to the person's appearance or the 24 person's danger to the victim, other persons, or the community. 25 (d) In making a finding regarding the release of a person under this chapter, 26 (1) except as otherwise provided in this chapter, the burden of proof is 27 on the prosecuting authority that a person charged with an offense should be detained 28 or released with conditions described in (b) of this section or AS 12.30.016; 29 (2) there is a rebuttable presumption that there is a substantial risk that 30 the person will not appear and the person poses a danger to the victim, other persons, 31 or the community, if the person is 01 (A) charged with an unclassified felony, a class A felony, a 02 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 03 (B) charged with a felony crime against a person under 04 AS 11.41, was previously convicted of a felony crime against a person under 05 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 06 five years have elapsed between the date of the person's unconditional 07 discharge on the immediately preceding offense and the commission of the 08 present offense; 09 (C) charged with a felony offense committed while the person 10 was on release under this chapter for a charge or conviction of another offense; 11 (D) charged with a crime involving domestic violence, and has 12 been convicted in the previous five years of a crime involving domestic 13 violence in this state or a similar offense in another jurisdiction; 14 (E) arrested in connection with an accusation that the person 15 committed a felony outside the state or is a fugitive from justice from another 16 jurisdiction, and the court is considering release under AS 12.70. 17 (e) If the supreme court establishes a schedule of bail amounts or conditions of 18 release for misdemeanor offenses, the schedule must include a condition providing 19 that a correctional facility shall, at the time of release, conduct a chemical test of the 20 breath of a person who has been arrested and who is intoxicated and shall detain the 21 person until the test result indicates that the person's breath has less than 0.08 grams of 22 alcohol for each 210 liters of breath or, with the consent of the person, release the 23 person to another person who is willing and able to provide care for the person. 24  * Sec. 8. AS 12.30.021(a) is amended to read: 25 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 26 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 27 RECORD,] that the appointment will, singly or in combination with other  28 conditions, 29 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 30 AVAILABLE IN THE PERSON'S LOCATION; 31 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 01 HAVE BEEN ORDERED; AND 02 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 03 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 04 the victim, other persons, and the community. 05  * Sec. 9. AS 12.30.021(c) is amended to read: 06 (c) A judicial officer may not appoint a person as a third-party custodian if 07 (1) the proposed custodian is acting as a third-party custodian for 08 another person; 09 (2) the proposed custodian has been unconditionally discharged  10 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a 11 crime under AS 11.41, or a similar crime in this or another jurisdiction; 12 (3) criminal charges are pending in this state or another jurisdiction 13 against the proposed custodian; 14 (4) the proposed custodian is on probation in this state or another 15 jurisdiction for an offense; 16 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 17 STATE WILL CALL] the proposed custodian may be called as a witness in the 18 prosecution of the person; 19 (6) the proposed custodian resides out of state; however, a nonresident 20 may serve as a custodian if the nonresident resides in the state while serving as 21 custodian. 22  * Sec. 10. AS 12.55.025 is amended by adding a new subsection to read: 23 (m) When imposing a sentence for conviction of a felony offense or a 24 sentence of imprisonment exceeding 90 days or upon a conviction of a violation of 25 AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with 26 AS 04.21.010, the court shall orally state on the record the terms of the sentence 27 imposed as required in (a)(3) of this section. 28  * Sec. 11. AS 12.55.027(d) is amended to read: 29 (d) A court may not grant credit against a sentence of imprisonment for time 30 spent in a private residence or under electronic monitoring [IF THE PERSON HAS 31 NOT COMMITTED A CRIMINAL OFFENSE WHILE UNDER ELECTRONIC 01 MONITORING AND THE COURT IMPOSES RESTRICTIONS ON THE 02 PERSON'S FREEDOM OF MOVEMENT AND BEHAVIOR WHILE UNDER THE 03 ELECTRONIC MONITORING PROGRAM, INCLUDING REQUIRING THE 04 PERSON TO BE CONFINED TO A RESIDENCE EXCEPT FOR A 05 (1) COURT APPEARANCE; 06 (2) MEETING WITH COUNSEL; OR 07 (3) PERIOD DURING WHICH THE PERSON IS AT A LOCATION 08 ORDERED BY THE COURT FOR THE PURPOSES OF EMPLOYMENT, 09 ATTENDING EDUCATIONAL OR VOCATIONAL TRAINING, PERFORMING 10 COMMUNITY VOLUNTEER WORK, OR ATTENDING A REHABILITATIVE 11 ACTIVITY OR MEDICAL APPOINTMENT]. 12  * Sec. 12. AS 12.55.027(e) is amended to read: 13 (e) If a defendant intends to claim credit toward a sentence of imprisonment 14 for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING] 15 either as a condition of probation or as a condition of bail release after a petition to 16 revoke probation has been filed, the defendant shall file notice with the court and the 17 prosecutor 10 days before the disposition hearing. The notice shall include the amount 18 of time the defendant is claiming. The defendant must prove by a preponderance of the 19 evidence that the credit claimed meets the requirements of this section. A court may 20 not consider, except for good cause, a request for credit made under this subsection 21 more than 90 days after the disposition hearing. 22  * Sec. 13. AS 12.55.027(f) is amended to read: 23 (f) To qualify as a treatment program under this section, a program must 24 (1) be intended to address criminogenic traits or behaviors; 25 (2) provide measures of progress or completion; and 26 (3) require notification to the prosecuting authority, pretrial services 27 officer, [OFFICE] or probation officer if the person is discharged from the program 28 for noncompliance. 29  * Sec. 14. AS 12.55.027 is amended by adding a new subsection to read: 30 (i) A court granting credit against a sentence of imprisonment under (a) of this 31 section may grant credit of not more than 180 days against the total term of 01 imprisonment imposed. 02  * Sec. 15. AS 12.61.015 is amended by adding a new subsection to read: 03 (d) The prosecuting attorney shall notify a victim of a sex offense as defined 04 in AS 12.63.100 or crime involving domestic violence as defined in AS 18.66.990 if, 05 before trial, the offender of the victim is discharged from a treatment program for 06 noncompliance. 07  * Sec. 16. AS 12.70.130 is amended to read: 08 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 09 lawfully made by a peace officer or a private person without a warrant upon 10 reasonable information that the accused stands charged in the courts of another state 11 with a crime punishable by death or imprisonment for a term exceeding one year, but 12 when arrested the accused must be taken before a judge or magistrate without 13 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT 14 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and 15 complaint shall be made against the accused under oath setting out the ground for the 16 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR 17 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 18 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had 19 been arrested on a warrant. 20  * Sec. 17. AS 33.05.010 is amended to read: 21 Sec. 33.05.010. Powers of commissioner. The commissioner shall administer 22 a probation system, [AND] enforce the probation laws in the superior court, and  23 provide supervision of defendants released while awaiting trial as ordered by the  24 court.  25 * Sec. 18. AS 33.05.020 is amended by adding new subsections to read: 26 (i) The commissioner shall appoint and make available to the superior court 27 and district court qualified pretrial services officers under AS 33.05.040(11) and 28 assign pretrial services officers to each judicial district for the supervision of 29 defendants released while awaiting trial as ordered by the court. 30 (j) The commissioner may, in accordance with AS 36.30, procure and enter 31 into agreements or contracts for the supervision of defendants on electronic 01 monitoring during the pretrial period. 02  * Sec. 19. AS 33.05.030(a) is amended to read: 03 (a) All probation officers made available to the courts under this chapter shall 04 be officers of the superior and district courts [COURT] and subject to the authority 05 of the superior and district courts [COURT]. 06  * Sec. 20. AS 33.05.040(a) is amended to read: 07 (a) A probation officer shall 08 (1) furnish to each probationer under the supervision of the officer a 09 written statement of the conditions of probation and shall instruct the probationer 10 regarding the same; 11 (2) keep informed concerning the conduct and condition of each 12 probationer under the supervision of the officer and shall report on the probationer to 13 the court placing that person on probation; 14 (3) use all suitable methods, not inconsistent with the conditions 15 imposed by the court, to aid probationers and to bring about improvements in their 16 conduct and condition; 17 (4) keep records of the probation work, including administrative 18 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep 19 accurate and complete accounts of all money collected from persons under the 20 supervision of the officer, give receipts for money collected and make at least monthly 21 returns of it, make the reports to the court and the commissioner required by them, and 22 perform other duties the court may direct; 23 (5) perform duties with respect to persons on parole as the 24 commissioner shall request, and in that service shall be termed a parole officer; 25 (6) use administrative sanctions and incentives developed under 26 AS 33.05.020(g) to respond to a probationer's negative and positive behavior, 27 including responses to technical violations of conditions of probation, in a way that is 28 intended to interrupt negative behavior in a swift, certain, and proportional manner 29 and support progress with a recognition of positive behavior; 30 (7) upon determining that a probationer under the supervision of the 31 officer meets the requirements of AS 12.55.090(g), recommend to the court as soon as 01 practicable that probation be terminated and the probationer be discharged from 02 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) perform duties with respect to persons on pretrial release as  15 the commissioner requests; in that service, the probation officer shall be  16 considered to be acting as a pretrial services officer for the purposes of  17 AS 33.05.045. 18  * Sec. 21. AS 33.05 is amended by adding a new section to read: 19 Sec. 33.05.045. Duties of probation officers when acting as pretrial services  20 officers. A probation officer acting as a pretrial services officer shall 21 (1) upon order of the court and request by the commissioner, supervise 22 a defendant released while awaiting trial, which may include the supervision of 23 electronic monitoring; 24 (2) if the probation officer acting as a pretrial services officer has 25 probable cause to believe the defendant has committed an offense under AS 11.56.730 26 or 11.56.757 or has violated the defendant's release conditions, file a complaint with 27 the court and 28 (A) arrest, with or without a warrant, a defendant who has been 29 released while awaiting trial; or 30 (B) request the court to issue a warrant related to any violation 31 of the defendant's release conditions; 01 (3) refer interested defendants for substance abuse screening, 02 assessment, and treatment on a voluntary basis and assist any defendant whose offense 03 or criminal history identified a dependency on, abuse of, or addiction to alcohol or 04 controlled substances with accessing and obtaining appropriate treatment in the 05 community to address those needs. 06  * Sec. 22. AS 33.16.190 is amended to read: 07 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and  08 probation officers. An officer appointed by the commissioner under AS 33.05.020(a) 09 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or 10 this chapter. 11  * Sec. 23. AS 44.19.645(g) is amended to read: 12 (g) The Department of Corrections shall report quarterly to the working group 13 authorized in (b)(3) of this section. The report shall include the following information: 14 (1) data on pretrial decision making and outcomes, including 15 information on pretrial detainees admitted for a new criminal charge; detainees 16 released at any point before case resolution; time spent detained before first release or 17 case resolution [; PRETRIAL DEFENDANT RISK LEVEL AND CHARGE; 18 PRETRIAL RELEASE RECOMMENDATIONS MADE BY PRETRIAL SERVICES 19 OFFICERS]; pretrial conditions imposed on pretrial detainees by judicial officers, 20 including amount of bail, and supervision conditions; and information on pretrial 21 outcomes, including whether or not the defendant appeared in court or was re-arrested 22 during the pretrial period; 23 (2) data on offenders admitted to the Department of Corrections for a 24 new criminal conviction, including the offense type, number of prior felony 25 convictions, sentence length, and length of stay; 26 (3) data on the population of the Department of Corrections, using a 27 one-day snapshot on the first day of the first month of each quarter, broken down by 28 type of admission, offense type, and risk level; 29 (4) data on offenders on probation supervised by the Department of 30 Corrections, including the total number of offenders supervised using a one-day 31 snapshot on the first month of each quarter; admissions to probation; assignments to a 01 program under AS 33.05.020(f); probation sentence length; time served on the 02 sentence; whether probation was successfully completed, any new convictions for a 03 felony offense, and any sentences to a term of imprisonment while on probation; 04 (5) data on parole, including the number of offenders supervised on 05 parole, using a one-day snapshot on the first month of each quarter; the number of 06 parole hearings; the parole grant rate and number of parolees released on discretionary 07 and special medical parole; and information on parolees, including time spent on 08 parole, whether parole was successfully completed, any new convictions for a new 09 felony offense, and any sentences to a term of imprisonment while on parole; 10 (6) data on the implementation of policies from the 2015 justice 11 reinvestment report, including the number and percentage of offenders who earn 12 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 13 and the total amount of credits earned; the average number of sanctions issued under 14 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 15 common violations of probation or parole; and 16 (7) data on probation and parole revocations, including information on 17 probationers and parolees admitted for a supervision violation pre-case and post-case 18 resolution; probationers and parolees admitted solely for a technical violation; 19 probationers and parolees admitted for a new arrest; the number of previous 20 revocations on the current sentence, if any; the length of time held pre-case resolution; 21 the length of time to case resolution; and the length of stay. 22  * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of 25 Criminal Procedure, is amended to read: 26 (a) The Administrative Director of the Alaska Court System, after consultation 27 with the presiding judge, Public Defender Agency, and Attorney General's Office, 28 may enter into agreements with the Department of Public Safety and Department of 29 Corrections which approve systems allowing judges to provide for the appearance by a 30 defendant at certain criminal proceedings by way of contemporaneous two-way  31 video conference [TELEVISION] equipment in lieu of the physical presence of the 01 defendant in the courtroom. Such an agreement must provide for a procedure by which 02 the defendant may confer with the defendant's attorney in private. 03  * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of 06 Criminal Procedure, is amended to read: 07 (b) In those court locations in which a contemporaneous two-way video  08 conference [TELEVISION] system has been approved by the supreme court and has 09 been installed, in custody defendants shall appear by way of contemporaneous two- 10 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary 11 bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non- 12 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless 13 otherwise ordered for cause stated by the presiding judge. With the defendant's 14 consent, sentencings may be done by way of contemporaneous two-way video  15 conference [TELEVISION] in traffic and misdemeanor cases. The court may order  16 a defendant to appear by contemporaneous two-way video conference at any  17 other hearings. In any particular case, the trial court may order that the defendant be 18 transported to court for court proceedings if the trial judge finds that the defendant's 19 rights would be prejudiced by use of the system. 20  * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 45(d), Alaska Rules of 23 Criminal Procedure, is amended to read: 24 (d) Excluded Periods. The following periods shall be excluded in computing 25 the time for trial: 26 (1) The period of delay resulting from other proceedings concerning 27 the defendant, including but not limited to motions to dismiss or suppress, 28 examinations and hearings on competency, the period during which the defendant is 29 incompetent to stand trial, interlocutory appeals, and trial of other charges. No pretrial 30 motion shall be held under advisement for more than 30 days and any time longer than 31 30 days shall not be considered as an excluded period. 01 (2) The period of delay resulting from an adjournment or continuance 02 granted at the timely request or with the consent of the defendant or [AND] the 03 defendant's counsel. The court shall grant such a continuance only if it is satisfied that 04 the postponement is in the interest of justice, taking into account the public interest in 05 the prompt disposition of criminal offenses, and after consideration of the interests of 06 the crime victim, if known, as provided in (h) of this rule. A defendant without 07 counsel shall not be deemed to have consented to a continuance unless the defendant 08 has been advised by the court of the right to a speedy trial under this rule and of the 09 effect of consent. 10 (3) The period of delay resulting from a continuance granted at the 11 timely request of the prosecution, if: 12 (A) The continuance is granted because of the unavailability of 13 evidence material to the state's case, when the prosecuting attorney has 14 exercised due diligence to obtain such evidence and there are reasonable 15 grounds to believe that such evidence will be available at the later date; or 16 (B) The continuance is granted to allow the prosecuting 17 attorney in a felony case additional time to prepare the state's case and 18 additional time is justified because of the exceptional complexity of the 19 particular case. 20 (4) The period of delay resulting from the absence or unavailability of 21 the defendant. A defendant should be considered absent whenever the defendant's 22 whereabouts are unknown and in addition the defendant is attempting to avoid 23 apprehension or prosecution or the defendant's whereabouts cannot be determined by 24 due diligence. A defendant should be considered unavailable whenever the defendant's 25 whereabouts are known but the defendant's presence for trial cannot be obtained or the 26 defendant resists being returned to the state for trial. 27 (5) A reasonable period of delay when the defendant is joined for trial 28 with a codefendant as to whom the time for trial has not run and there is good cause 29 for not granting a severance. In all other cases, the defendant shall be granted a 30 severance in order that the defendant may be tried within the time limits applicable to 31 the defendant. 01 (6) The period of delay resulting from detention of the defendant in 02 another jurisdiction provided the prosecuting attorney has been diligent and has made 03 reasonable efforts to obtain the presence of the defendant for trial. When the 04 prosecution is unable to obtain the presence of the defendant in detention, and seeks to 05 exclude the period of detention, the prosecution shall cause a detainer to be filed with 06 the official having custody of the defendant and request the official to advise the 07 defendant of the detainer and to inform the defendant of the defendant's rights under 08 this rule. 09 (7) Other periods of delay for good cause. 10  * Sec. 27. AS 12.55.027(g); AS 33.07.010, 33.07.020, 33.07.030, 33.07.040, and 33.07.090 11 are repealed. 12  * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. (a) The following sections apply to offenses committed on or after 15 the effective date of those sections: 16 (1) AS 12.25.150(a), as amended by sec. 2 of this Act; 17 (2) AS 12.30.006(b), as amended by sec. 3 of this Act; 18 (3) AS 12.30.006(c), as amended by sec. 4 of this Act; 19 (4) AS 12.30.006(d), as amended by sec. 5 of this Act; 20 (5) AS 12.30.006(f), as amended by sec. 6 of this Act; 21 (6) AS 12.30.011, as repealed and reenacted by sec. 7 of this Act; 22 (7) AS 12.30.021(a), as amended by sec. 8 of this Act; 23 (8) AS 12.30.021(c), as amended by sec. 9 of this Act; 24 (9) AS 12.70.130, as amended by sec. 16 of this Act; 25 (10) AS 33.05.010, as amended by sec. 17 of this Act; 26 (11) AS 33.05.020(i) and (j), enacted by sec. 18 of this Act; 27 (12) AS 33.05.030(a), as amended by sec. 19 of this Act; 28 (13) AS 33.05.040, as amended by sec. 20 of this Act; and 29 (14) AS 33.05.045, enacted by sec. 21 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 12.55.027(d), as amended by sec. 11 of this Act; 02 (2) AS 12.55.027(e), as amended by sec. 12 of this Act; 03 (3) AS 12.55.027(f), as amended by sec. 13 of this Act; and 04 (4) AS 12.55.027(i), enacted by sec. 14 of this Act. 05 (c) AS 12.55.025(m), enacted by sec. 10 of this Act, applies to sentences imposed on 06 or after the effective date of sec. 10 of this Act for offenses committed before, on, or after the 07 effective date of sec. 10 of this Act. 08  * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION. Probation officers acting as pretrial services officers under 11 AS 33.05.045, enacted by sec. 21 of this Act, shall supervise defendants in accordance with 12 orders for pretrial services issued under former AS 12.30.006, 12.30.021, and AS 33.07. 13  * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 CONDITIONAL EFFECT. Sections 24 - 26 of this Act take effect only if secs. 24 - 26 16 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 17 Constitution of the State of Alaska. 18  * Sec. 31. This Act takes effect July 1, 2019.