HB 334: "An Act relating to criminal sentencing; and relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions."
00HOUSE BILL NO. 334 01 "An Act relating to criminal sentencing; and relating to mandatory life 02 imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, 03 furlough, and service of sentence at a correctional restitution center for offenders 04 with at least three serious felony convictions." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 07 (1) community protection from persistent offenders is a priority for any 08 civilized society; 09 (2) a large percentage of criminal offenders convicted in this state have prior 10 criminal histories; 11 (3) punishments for criminal offenses should be proportionate to both the 12 seriousness of the crime and the prior criminal history of the offender; 13 (4) the legislature has a right and the responsibility to determine when to 14 impose a life sentence.
01 (b) By sentencing three-time, most serious offenders to prison for life without the 02 possibility of parole, the legislature intends to 03 (1) improve public safety by placing the most dangerous criminals in prison; 04 (2) reduce the number of serious, repeat offenders by tougher sentencing; 05 (3) set proper and simplified sentencing practices that both victims and 06 persistent offenders can understand; and 07 (4) restore public trust in our criminal justice system. 08 * Sec. 2. AS 12.55.025 is amended by adding a new subsection to read: 09 (i) The court when imposing sentence on a defendant convicted of a most 10 serious felony offense, that is not a third most serious felony for purposes of 11 sentencing under AS 12.55.125(l), shall provide the defendant with written or oral 12 notice of the mandatory 99-year term of imprisonment provided under AS 12.55.125(l) 13 for offenders with three or more most serious felony convictions. Failure to provide 14 this notification does not provide the defendant with a right to challenge the conviction 15 or sentence imposed nor does it prohibit the conviction from being used as a prior 16 most serious felony conviction under AS 12.55.125(l) and 12.55.145. 17 * Sec. 3. AS 12.55.125(c) is amended to read: 18 (c) A defendant convicted of a class A felony may be sentenced to a definite 19 term of imprisonment of not more than 20 years, and shall be sentenced to the 20 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 21 12.55.175: 22 (1) if the offense is a first felony conviction and does not involve 23 circumstances described in (2) of this subsection, five years; 24 (2) if the offense is a first felony conviction, other than for 25 manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or 26 caused serious physical injury during the commission of the offense, or knowingly 27 directed the conduct constituting the offense at a uniformed or otherwise clearly 28 identified peace officer, fire fighter, correctional officer, emergency medical technician, 29 paramedic, ambulance attendant, or other emergency responder who was engaged in 30 the performance of official duties at the time of the offense, seven years; 31 (3) if the offense is a second felony conviction, 10 years ;
01 (4) if the offense is a third felony conviction and the defendant is not 02 subject to sentencing under (l) of this section, 15 years. 03 * Sec. 4. AS 12.55.125(d) is amended to read: 04 (d) A defendant convicted of a class B felony may be sentenced to a definite 05 term of imprisonment of not more than 10 years, and shall be sentenced to the 06 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 07 12.55.175: 08 (1) if the offense is a second felony conviction, four years; 09 (2) if the offense is a third felony conviction and the defendant is not 10 subject to sentencing under (l) of this section, six years; 11 (3) if the offense is a first felony conviction, and the defendant 12 knowingly directed the conduct constituting the offense at a uniformed or otherwise 13 clearly identified peace officer, fire fighter, correctional officer, emergency medical 14 technician, paramedic, ambulance attendant, or other emergency responder who was 15 engaged in the performance of official duties at the time of the offense, two years. 16 * Sec. 5. AS 12.55.125(e) is amended to read: 17 (e) A defendant convicted of a class C felony may be sentenced to a definite 18 term of imprisonment of not more than five years, and shall be sentenced to the 19 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 20 12.55.175: 21 (1) if the offense is a second felony conviction, two years; 22 (2) if the offense is a third felony conviction and the defendant is not 23 subject to sentencing under (l) of this section, three years; 24 (3) if the offense is a first felony conviction, and the defendant 25 knowingly directed the conduct constituting the offense at a uniformed or otherwise 26 clearly identified peace officer, fire fighter, correctional officer, emergency medical 27 technician, paramedic, ambulance attendant, or other emergency responder who was 28 engaged in the performance of official duties at the time of the offense, one year; 29 (4) if the offense is a first felony conviction, and the defendant violated 30 AS 08.54.520(a)(7) - (10), one year. 31 * Sec. 6. AS 12.55.125(i) is amended to read:
01 (i) A defendant convicted of sexual assault in the first degree or sexual abuse 02 of a minor in the first degree may be sentenced to a definite term of imprisonment of 03 not more than 30 years, and shall be sentenced to the following presumptive terms, 04 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 05 (1) if the offense is a first felony conviction and does not involve 06 circumstances described in (2) of this subsection, eight years; 07 (2) if the offense is a first felony conviction, and the defendant 08 possessed a firearm, used a dangerous instrument, or caused serious physical injury 09 during the commission of the offense, 10 years; 10 (3) if the offense is a second felony conviction, 15 years ; 11 (4) if the offense is a third felony conviction and the defendant is not 12 subject to sentencing under (l) of this section, 25 years. 13 * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read: 14 (l) Notwithstanding any provision of law, a defendant convicted of a most 15 serious felony offense shall be sentenced to a mandatory term of imprisonment of 99-years when the defendant has 16 been previously convicted of two or more most serious 17 felonies. If a defendant is sentenced to a mandatory 99-year sentence under this 18 section, 19 (1) imprisonment for the prescribed mandatory term may not be 20 suspended under AS 12.55.080; 21 (2) imposition of sentence may not be suspended under AS 12.55.085; 22 (3) imprisonment for the prescribed mandatory term may not otherwise 23 be reduced except as provided in AS 33.20.070. 24 * Sec. 8. AS 12.55.145 is amended by adding a new subsection to read: 25 (f) For purposes of considering prior convictions in imposing sentence under 26 AS 12.55.125(l) 27 (1) a conviction in this state of an offense defined as a most serious 28 felony is a prior most serious felony conviction; 29 (2) a conviction in this or another jurisdiction of an offense having 30 elements similar to those of a most serious felony is considered a prior most serious 31 felony conviction;
01 (3) of the two or more previous most serious felony convictions at least 02 one of the previous convictions must have occurred before the commission of any of 03 the other most serious felony offenses. 04 * Sec. 9. AS 12.55.185 is amended by adding a new paragraph to read: 05 (14) "most serious felony" means any of the following felonies or a 06 felony attempt to commit any of the following felonies: 07 (A) any unclassified or class A felony prescribed under AS 11 08 or criminal solicitation of an unclassified or class A felony prescribed under 09 AS 11; 10 (B) assault in the second degree; 11 (C) sexual assault in the second degree; 12 (D) sexual abuse of a minor in the second degree; 13 (E) unlawful exploitation of a minor. 14 * Sec. 10. AS 33.16.090(b) is amended to read: 15 (b) Except as provided in (e) of this section, a prisoner is not eligible for 16 discretionary parole during the term of a presumptive sentence; however, a prisoner 17 is eligible for discretionary parole during a term of sentence enhancement imposed 18 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive 19 presumptive sentence imposed under AS 12.55.025(e) or (g). A prisoner sentenced to 20 a mandatory 99-year term under AS 12.55.125(a) or (l) is not eligible for discretionary 21 parole during the entire term. 22 * Sec. 11. AS 33.20.010(a) is amended to read: 23 (a) Except as provided in (b) of this section and notwithstanding 24 AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the 25 state or a political subdivision of the state and sentenced to a term of imprisonment 26 that exceeds three days is entitled to a deduction of one-third of the term of 27 imprisonment rounded off to the nearest day if the prisoner follows the rules of the 28 correctional facility in which the prisoner is confined. A prisoner sentenced to a 29 mandatory 99-year term of imprisonment under AS 12.55.125(l) is not eligible for 30 a good time deduction. 31 * Sec. 12. AS 33.20.070 is amended by adding new subsections to read:
01 (b) It is recommended that the governor in exercising the clemency power 02 provided under the Constitution of the State of Alaska and this section not pardon, 03 commute the sentence of, or reprieve an offender sentenced to a mandatory 99-year 04 term of imprisonment under AS 12.55.125(l) unless the offender is at least 60 years 05 of age, is not a sex offender, and has been determined to no longer be a threat to 06 society. 07 (c) If the governor grants a pardon, commutation of sentence, or reprieve to 08 an offender sentenced to a mandatory 99-year term of imprisonment under 09 AS 12.55.125(l) that results in the offender's release from imprisonment, the governor 10 shall provide to the legislature reports at least twice each year concerning the activities 11 and progress of the offender until the death of the offender or until 10 years have 12 elapsed since the offender's release, whichever occurs first. 13 * Sec. 13. AS 33.30.011 is amended to read: 14 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 15 (1) establish, maintain, operate, and control correctional facilities 16 suitable for the custody, care, and discipline of persons charged or convicted of 17 offenses against the state or held under authority of state law; 18 (2) classify prisoners; 19 (3) for persons committed to the custody of the commissioner, establish 20 programs, including furlough programs that are reasonably calculated to 21 (A) protect the public; 22 (B) maintain health; 23 (C) create or improve occupational skills; 24 (D) enhance educational qualifications; 25 (E) support court-ordered restitution; and 26 (F) otherwise provide for the rehabilitation and reformation of 27 prisoners, facilitating their reintegration into society; 28 (4) provide necessary medical services for prisoners in correctional 29 facilities or who are committed by a court to the custody of the commissioner, 30 including examinations for communicable and infectious diseases; 31 (5) provide necessary psychological or psychiatric treatment if a
01 physician or other health care provider, exercising ordinary skill and care at the time 02 of observation, concludes that 03 (A) a prisoner exhibits symptoms of a serious disease or injury 04 that is curable or may be substantially alleviated; and 05 (B) the potential for harm to the prisoner by reason of delay or 06 denial of care is substantial; [AND] 07 (6) establish minimum standards for sex offender treatment programs 08 offered to persons who are committed to the custody of the commissioner; and 09 (7) upon the prisoner's release for any reason from a correctional 10 institution, provide to each prisoner who has been convicted of a most serious 11 felony offense written notice of the mandatory 99-year term of imprisonment 12 provided under AS 12.55.125(l) for offenders with three or more most serious 13 felony convictions; failure to provide this notification does not provide the 14 prisoner with a cause of action against the state or any officer of the state or any 15 right to challenge the prisoner's conviction, nor does it prohibit the conviction 16 from being used as a prior most serious felony conviction under AS 12.55.125(l) 17 and 12.55.145; in this section, "most serious felony" has the meaning given in 18 AS 12.55.185. 19 * Sec. 14. AS 33.30.101 is amended by adding a new subsection to read: 20 (c) The regulations adopted under (a) of this section may not provide for the 21 granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term 22 of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct 23 custody of a correctional officer while the prisoner is away from the correctional 24 facility, except that if the furlough is for medical, psychiatric, or substance abuse 25 treatment the prisoner may be furloughed without direct supervision of a correctional 26 officer if the furlough is to a secure, inpatient treatment facility and the commissioner 27 finds that the furlough would not increase the risk of 28 (1) escape of the prisoner; and 29 (2) harm to the public. 30 * Sec. 15. AS 33.30.161(b) is amended to read: 31 (b) To be eligible to serve time in a correctional restitution center, the prisoner
01 (1) must be employable or eligible to work on community service 02 projects approved by the commissioner and agree to secure employment or participate 03 in community service projects and obey the rules of the center; 04 (2) may not be serving a sentence for conviction of an offense 05 (A) involving violence or the use of force; 06 (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 07 (3) may not have been convicted of a felony offense, in the state or 08 another jurisdiction, involving violence or the use of force; [AND] 09 (4) may not have been convicted of an offense under AS 11.41.410 - 10 11.41.470 or an offense in the state or another jurisdiction having elements 11 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 12 (5) may not have been sentenced to a mandatory 99-year term of 13 imprisonment under AS 12.55.125(l).