CSHB 334(FIN) AM: "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and who have at least two prior most serious felony convictions; relating to parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three most serious felony convictions; defining `most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending Alaska Rule of Criminal Procedure 35."
00CS FOR HOUSE BILL NO. 334(FIN) am 01 "An Act relating to criminal sentencing; relating to the availability for good time 02 credit for offenders convicted of certain first degree murders; relating to definite 03 30- to 99-year terms of imprisonment for offenders convicted of an unclassified 04 or class A felony that is a homicide, assault, kidnapping, sexual offense, or 05 robbery and who have at least two prior most serious felony convictions; relating 06 to parole, good time credit, pardon, commutation of sentence, modification or 07 reduction of sentence, reprieve, furlough, and service of sentence at a correctional 08 restitution center for offenders with at least three most serious felony convictions; 09 defining `most serious felony' as an unclassified or class A felony offense that 10 is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or 11 conspiracy to commit, or criminal solicitation of, an unclassified or class A felony 12 that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending 13 Alaska Rule of Criminal Procedure 35." 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 02 (1) community protection from persistent offenders is a priority for any 03 civilized society; 04 (2) a large percentage of criminal offenders convicted in this state have prior 05 criminal histories; 06 (3) punishments for criminal offenses should be proportionate to both the 07 seriousness of the crime and the prior criminal history of the offender; 08 (4) the legislature has a right and the responsibility to determine when to 09 impose a life sentence. 10 (b) By sentencing three-time, most serious offenders to prison for a definite term 11 without the possibility of parole, the legislature intends to 12 (1) improve public safety by placing the most dangerous criminals in prison; 13 (2) reduce the number of serious, repeat offenders by tougher sentencing; 14 (3) set proper and simplified sentencing practices that both victims and 15 persistent offenders can understand; and 16 (4) restore public trust in our criminal justice system. 17 * Sec. 2. AS 12.55.025(e) is amended to read: 18 (e) Except as provided in (g) and (h) of this section, if the defendant has been 19 convicted of two or more crimes, sentences of imprisonment shall run consecutively. 20 If the defendant is imprisoned upon a previous judgment of conviction for a crime, the 21 judgment shall provide that the imprisonment commences at the expiration of the term 22 imposed by the previous judgment. Nothing in AS 12.55.125(a) or (l) limits the court's 23 ability to impose consecutive sentences. 24 * Sec. 3. AS 12.55.125(c) is amended to read: 25 (c) A defendant convicted of a class A felony may be sentenced to a definite 26 term of imprisonment of not more than 20 years, and shall be sentenced to the 27 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 28 12.55.175: 29 (1) if the offense is a first felony conviction and does not involve 30 circumstances described in (2) of this subsection, five years; 31 (2) if the offense is a first felony conviction, other than for
01 manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or 02 caused serious physical injury during the commission of the offense, or knowingly 03 directed the conduct constituting the offense at a uniformed or otherwise clearly 04 identified peace officer, fire fighter, correctional officer, emergency medical technician, 05 paramedic, ambulance attendant, or other emergency responder who was engaged in 06 the performance of official duties at the time of the offense, seven years; 07 (3) if the offense is a second felony conviction, 10 years ; 08 (4) if the offense is a third felony conviction and the defendant is not 09 subject to sentencing under (l) of this section, 15 years. 10 * Sec. 4. AS 12.55.125(i) is amended to read: 11 (i) A defendant convicted of sexual assault in the first degree or sexual abuse 12 of a minor in the first degree may be sentenced to a definite term of imprisonment of 13 not more than 30 years, and shall be sentenced to the following presumptive terms, 14 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 15 (1) if the offense is a first felony conviction and does not involve 16 circumstances described in (2) of this subsection, eight years; 17 (2) if the offense is a first felony conviction, and the defendant 18 possessed a firearm, used a dangerous instrument, or caused serious physical injury 19 during the commission of the offense, 10 years; 20 (3) if the offense is a second felony conviction, 15 years; 21 (4) if the offense is a third felony conviction and the defendant is not 22 subject to sentencing under (l) of this section, 25 years. 23 * Sec. 5. AS 12.55.125(j) is amended to read: 24 (j) A defendant sentenced to a mandatory term of imprisonment of 99 years 25 under (a) of this section or a definite term of imprisonment under (l) of this section 26 may apply for a modification or reduction of sentence under the Alaska Rules of 27 Criminal Procedure after serving one-half of the mandatory or definite term without 28 consideration of good time earned under AS 33.20.010. 29 * Sec. 6. AS 12.55.125 is amended by adding a new subsection to read: 30 (l) Notwithstanding any other provision of law, a defendant convicted of an 31 unclassified or class A felony offense shall be sentenced to a definite term of
01 imprisonment of at least 30 years but not more than 99 years when the defendant has 02 been previously convicted of two or more most serious felonies and the prosecuting 03 attorney has filed a notice of intent to seek a definite sentence under this subsection. 04 If a defendant is sentenced to a definite sentence under this section, 05 (1) imprisonment for the prescribed mandatory term may not be 06 suspended under AS 12.55.080; 07 (2) imposition of sentence may not be suspended under AS 12.55.085; 08 (3) imprisonment for the prescribed mandatory term may not otherwise 09 be reduced. 10 * Sec. 7. AS 12.55.145(a) is amended to read: 11 (a) For purposes of considering prior convictions in imposing sentence under 12 (1) AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), or (i), 13 (A) [(1)] a prior conviction may not be considered if a period 14 of 10 or more years has elapsed between the date of the defendant's 15 unconditional discharge on the immediately preceding offense and commission 16 of the present offense unless the prior conviction was for an unclassified or 17 class A felony; 18 (B) [(2)] a conviction in this or another jurisdiction of an 19 offense having elements similar to those of a felony defined as such under 20 Alaska law at the time the offense was committed is considered a prior felony 21 conviction; 22 (C) [(3)] two or more convictions arising out of a single, 23 continuous criminal episode during which there was no substantial change in 24 the nature of the criminal objective are considered a single conviction unless 25 the defendant was sentenced to consecutive sentences for the crimes; offenses 26 committed while attempting to escape or avoid detection or apprehension after 27 the commission of another offense are not part of the same criminal episode 28 or objective; 29 (2) AS 12.55.125(l), 30 (A) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a most serious felony is considered a
01 prior most serious felony conviction; 02 (B) of the two or more previous most serious felony 03 convictions, at least one of the previous convictions must have occurred 04 before the commission of any of the other most serious felony offenses and 05 at least one of the other most serious felony convictions must have 06 occurred prior to the commission of the present felony offense. 07 * Sec. 8. AS 12.55.145(c) is amended to read: 08 (c) The defendant shall file with the court and serve on the prosecuting 09 attorney notice of denial, consisting of a concise statement of the grounds relied 10 upon and that may be supported by affidavit or other documentary evidence, no 11 later than 10 days before the date set for the imposition of sentence if [IF] the 12 defendant 13 (1) denies 14 (A) the authenticity of a prior judgment of conviction; 15 (B) [,] that the defendant is the person named in the judgment; 16 (C) [,] that the elements of a prior offense committed in this or 17 another jurisdiction are similar [SUBSTANTIALLY IDENTICAL] to those of 18 a 19 (i) felony defined as such under Alaska law; 20 (ii) most serious felony, defined as such under Alaska 21 law; 22 (D) [, OR] that a prior conviction occurred within the period 23 specified in (a)(1)(A) [(a)(1)] of this section; or 24 (E) that a previous conviction occurred in the order 25 required under (a)(2)(B) of this section; or 26 (2) if the defendant alleges that two or more purportedly separate prior 27 convictions should be considered a single conviction under (a)(1)(C) [(a)(3)] of this 28 section [, THE DEFENDANT SHALL FILE WITH THE COURT AND SERVE ON 29 THE PROSECUTING ATTORNEY NOTICE OF DENIAL NO LATER THAN 10 30 DAYS BEFORE THE DATE SET FOR IMPOSITION OF SENTENCE. THE 31 NOTICE OF DENIAL MUST INCLUDE A CONCISE STATEMENT OF THE
01 GROUNDS RELIED UPON AND MAY BE SUPPORTED BY AFFIDAVIT OR 02 OTHER DOCUMENTARY EVIDENCE]. 03 * Sec. 9. AS 12.55.145(d) is amended to read: 04 (d) Matters alleged in a notice of denial shall be heard by the court sitting 05 without a jury. If the defendant introduces substantial evidence that the defendant is 06 not the person named in a prior judgment of conviction, that the judgment is not 07 authentic, that the conviction did not occur within the period specified in (a)(1)(A) 08 [(a)(1)] of this section, [OR] that a conviction should not be considered a prior felony 09 conviction under (a)(1)(B) [(a)(2)] of this section or a prior most serious felony 10 conviction under (a)(2)(A) of this section, or that a previous conviction did not 11 occur in the order required under (a)(2)(B) of this section, then the burden is on 12 the state to prove the contrary beyond a reasonable doubt. The burden of proof that 13 two or more convictions should be considered a single conviction under (a)(1)(C) 14 [(a)(3)] of this section is on the defendant by clear and convincing evidence. 15 * Sec. 10. AS 12.55.145 is amended by adding a new subsection to read: 16 (f) Under this section, a prior conviction has occurred when a defendant has 17 entered a plea of guilty, guilty but mentally ill, or nolo contendere, or when a verdict 18 of guilty or guilty but mentally ill has been returned by a jury or by the court. 19 * Sec. 11. AS 12.55.155(c)(20) is amended to read: 20 (20) the defendant was on furlough under AS 33.30 or on parole or 21 probation for another felony charge or conviction that would be considered a prior 22 felony conviction under AS 12.55.145(a)(1)(B) [AS 12.55.145(a)(2)]; 23 * Sec. 12. AS 12.55.185 is amended by adding a new paragraph to read: 24 (14) "most serious felony" means any unclassified or class A felony 25 prescribed under AS 11.41 or an attempt or conspiracy to commit, or criminal 26 solicitation under AS 11.31.110 of, an unclassified or class A felony prescribed under 27 AS 11.41. 28 * Sec. 13. AS 33.16.090(b) is amended to read: 29 (b) Except as provided in (e) of this section, a prisoner is not eligible for 30 discretionary parole during the term of a presumptive sentence; however, a prisoner 31 is eligible for discretionary parole during a term of sentence enhancement imposed
01 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive 02 presumptive sentence imposed under AS 12.55.025(e) or (g). A prisoner sentenced to 03 a mandatory 99-year term under AS 12.55.125(a) or a definite term under 04 AS 12.55.125(l) is not eligible for discretionary parole during the entire term. 05 * Sec. 14. AS 33.20.010(a) is amended to read: 06 (a) Except as provided in (b) of this section and notwithstanding 07 AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the 08 state or a political subdivision of the state and sentenced to a term of imprisonment 09 that exceeds three days is entitled to a deduction of one-third of the term of 10 imprisonment rounded off to the nearest day if the prisoner follows the rules of the 11 correctional facility in which the prisoner is confined. A prisoner is not eligible for 12 a good time deduction if the prisoner has been sentenced to a 13 (1) mandatory 99-year term of imprisonment under AS 12.55.125(a) 14 after the effective date of this Act; or 15 (2) definite term under AS 12.55.125(l). 16 * Sec. 15. AS 33.30.101 is amended by adding a new subsection to read: 17 (c) The regulations adopted under (a) of this section may not provide for the 18 granting of a furlough of any type to a prisoner sentenced to a definite term of 19 imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct 20 custody of a correctional officer while the prisoner is away from the correctional 21 facility. 22 * Sec. 16. AS 33.30.161(b) is amended to read: 23 (b) To be eligible to serve time in a correctional restitution center, the prisoner 24 (1) must be employable or eligible to work on community service 25 projects approved by the commissioner and agree to secure employment or participate 26 in community service projects and obey the rules of the center; 27 (2) may not be serving a sentence for conviction of an offense 28 (A) involving violence or the use of force; 29 (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 30 (3) may not have been convicted of a felony offense, in the state or 31 another jurisdiction, involving violence or the use of force; [AND]
01 (4) may not have been convicted of an offense under AS 11.41.410 - 02 11.41.470 or an offense in the state or another jurisdiction having elements 03 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 04 (5) may not have been sentenced to a definite term of imprisonment 05 under AS 12.55.125(l). 06 * Sec. 17. APPLICABILITY. References to prior or previous convictions in this Act apply 07 to all convictions occurring before, on, or after the effective date of this Act. 08 * Sec. 18. AS 12.55.125(j), amended by sec. 5 of this Act, has the effect of amending 09 Alaska Rule of Criminal Procedure 35 by permitting a court to reduce or modify a sentence 10 of imprisonment imposed under AS 12.55.125(l) after the defendant has served one-half of the 11 term.