HB 69: "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)."
00HOUSE BILL NO. 69 01 "An Act relating to registration of and information about sex offenders and 02 amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 05 (1) sex offenders pose a high risk of reoffending after release from custody; 06 (2) protecting the public from sex offenders is a primary governmental interest; 07 (3) the privacy interests of persons convicted of sex offenses are less important 08 than the government's interest in public safety; and 09 (4) release of certain information about sex offenders to public agencies and 10 the general public will assist in protecting the public safety. 11 * Sec. 2. AS 11.56 is amended by adding a new section to article 5 to read: 12 Sec. 11.56.840. FAILURE TO REGISTER AS A SEX OFFENDER. A person 13 who knowingly fails to register as required in AS 12.63.010 is guilty of a class B 14 misdemeanor.
01 * Sec. 3. AS 12.55 is amended by adding a new section to read: 02 Sec. 12.55.148. JUDGMENT FOR SEX OFFENSES. When a defendant is 03 convicted of a sex offense by a court of this state, the written judgment must set out 04 the registration requirements of AS 12.63.010. 05 * Sec. 4. AS 12 is amended by adding a new chapter to read: 06 CHAPTER 63. REGISTRATION OF SEX OFFENDERS. 07 Sec. 12.63.010. REGISTRATION OF SEX OFFENDERS. (a) A sex offender 08 who is physically present in the state shall register as provided in this section. The sex 09 offender shall register within 10 (1) 30 days of release from a state correctional facility; 11 (2) 30 days of conviction for a sex offense if the sex offender is not 12 sentenced to a term of incarceration; or 13 (3) 45 days of becoming physically present in the state. 14 (b) A sex offender required to register under (a) of this section shall register 15 in person at the Alaska state trooper post located nearest to where the sex offender 16 resides at the time of registration. To fulfill the registration requirement, the sex 17 offender shall 18 (1) complete a registration form that includes the sex offender's name, 19 address, place of employment, date of birth, crime for which convicted, date of 20 conviction, place and court of conviction, all aliases used, and Alaska driver's license 21 number; 22 (2) allow the Alaska state troopers to take a complete set of the sex 23 offender's fingerprints; and 24 (3) allow the Alaska state troopers to take the sex offender's 25 photograph. 26 (c) If a sex offender changes residence within the state after having registered 27 under (a) of this section, the sex offender shall provide written notice of the change 28 to the Alaska state trooper post located nearest to the new residence within 10 days of 29 the change. 30 Sec. 12.63.020. TERMINATION OF SEX OFFENDER DUTY TO 31 REGISTER. (a) The duty of a sex offender to register under AS 12.63.010 ends
01 (1) 10 years following the sex offender's unconditional discharge from 02 a conviction for an unclassified, class A, or class B felony sex offense; 03 (2) five years following the sex offender's unconditional discharge from 04 a conviction for a class C felony, a class A misdemeanor, or a class B misdemeanor 05 sex offense. 06 (b) The termination date of the duty to register, as provided in (a) of this 07 section, is based on the most serious class of sex offense for which the sex offender 08 was convicted. 09 Sec. 12.63.100. DEFINITIONS. In this chapter, 10 (1) "sex offender" means a person convicted of a sex offense in this 11 state or another jurisdiction regardless of whether the conviction occurred before, after, 12 or on the effective date of this section; 13 (2) "sex offense" means a crime under AS 11.41.410 - 11.41.455 or a 14 similar law in another jurisdiction; 15 (3) "unconditional discharge" has the meaning given in AS 12.55.185. 16 * Sec. 5. AS 18.65 is amended by adding a new section to read: 17 Sec. 18.65.087. CENTRAL REGISTRY OF SEX OFFENDERS. (a) The 18 Alaska state troopers shall maintain a central registry of sex offenders required to 19 register under AS 12.63.010 and shall adopt regulations necessary to carry out the 20 purposes of this section and AS 12.63. A post of the Alaska state troopers that 21 receives information and fingerprints under AS 12.63.010 shall forward the information 22 and fingerprints within five working days of receipt to the central registry of sex 23 offenders. 24 (b) Information about a sex offender that is contained in the central registry, 25 including sets of fingerprints, is confidential and not subject to public disclosure except 26 as to the sex offender's name, address, place of employment, date of birth, crime for 27 which convicted, date of conviction, place and court of conviction, and length of 28 sentence. 29 (c) The Department of Public Safety may adopt regulations to establish fees 30 to be charged for registration under AS 12.63.010 and for information requests. 31 * Sec. 6. AS 28.05 is amended by adding a new section to read:
01 Sec. 28.05.048. SEX OFFENDER REGISTRATION. The department shall 02 display notice of the registration requirements of AS 12.63.010 at a place where the 03 public may apply for a driver's license, identification card, or vehicle registration. 04 * Sec. 7. AS 33.30 is amended by adding a new section to read: 05 Sec. 33.30.012. NOTICE OF RELEASE, PAROLE, COMMUNITY 06 PLACEMENT, WORK RELEASE PLACEMENT, FURLOUGH, OR ESCAPE OF 07 SEX OFFENDER. (a) At the earliest possible date, and in no event later than 10 08 days before release, the commissioner shall send written notice of release, parole, 09 community placement, work release placement, or furlough of a specific inmate 10 convicted of a sex offense to: 11 (1) the chief of police of the community, if any, in which the inmate 12 will reside; and 13 (2) the Alaska state trooper post located nearest to where the inmate 14 will reside. 15 (b) If an inmate convicted of a sex offense escapes from a correctional facility, 16 the commissioner shall immediately notify the chief of police of the community and 17 Alaska state trooper post located closest to where the inmate resided immediately 18 before the inmate's arrest and conviction. 19 * Sec. 8. AS 33.30 is amended by adding a new section to read: 20 Sec. 33.30.035. NOTICE TO SEX OFFENDERS OF REGISTRATION 21 REQUIREMENT. The department shall provide written notice to a sex offender of 22 the registration requirements of AS 12.63.010, and shall obtain a signed 23 acknowledgement of receipt of notice from the sex offender 24 (1) at the time of the sex offender's release from a state correctional 25 facility; 26 (2) immediately after taking supervision of a sex offender under the 27 Interstate Corrections Compact or AS 33.36.110. 28 * Sec. 9. AS 33.30.901 is amended by adding a new paragraph to read: 29 (14) "sex offender" has the meaning given in AS 12.63.100. 30 * Sec. 10. Alaska Rule of Criminal Procedure 11(c) is amended to read: 31 (c) PLEAS OF GUILTY OR NOLO CONTENDERE. The court shall not
01 accept a plea of guilty or nolo contendere from a defendant without first addressing 02 the defendant personally and 03 (1) determining that the defendant [HE] understands the nature of the 04 charge; and 05 (2) informing the defendant [HIM] that by the [HIS] plea of guilty or 06 nolo contendere the defendant [HE] waives the [HIS] right to trial by jury or trial by 07 a judge and the right to be confronted with the witnesses against the defendant 08 [HIM]; [AND] 09 (3) informing the defendant [HIM]: 10 (i) of the mandatory minimum punishment, if any, and 11 the maximum possible punishment provided by the statute defining the 12 offense to which the plea is offered, and 13 (ii) that the defendant has the right to plead not guilty 14 or to persist in that plea if it has already been made, or to plead guilty; 15 and 16 (4) if the defendant is charged with a sex offense as defined in 17 AS 12.63.100, informing the defendant in writing of the registration requirement 18 under AS 12.63.010. 19 * Sec. 11. The provisions of AS 12.55.148, added by sec. 3 of this Act, have the effect of 20 changing Alaska Rule of Criminal Procedure 32(b) by adding a requirement that a judgment 21 containing notification of the duty to register under AS 12.63.010 be provided to a defendant 22 convicted of a sex offense. 23 * Sec. 12. APPLICABILITY. A sex offender whose most recent conviction for a sex 24 offense occurred before the effective date of this Act and whose duty to register has not 25 terminated under AS 12.63.020, added by sec. 4 of this Act, before January 1, 1994, shall 26 register under AS 12.63.010, added by sec. 4 of this Act, before January 1, 1994. In this 27 section, "sex offender" and "sex offense" have the meanings given by AS 12.63.100, added 28 by sec. 4 of this Act. 29 * Sec. 13. AS 12.55.148, added by sec. 3 of this Act, takes effect only if sec. 11 of this 30 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 31 Constitution of the State of Alaska.