SB 321: "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Crimes Apprehension Program."
00SENATE BILL NO. 321 01 "An Act relating to the taking of a legible set of fingerprints when a person is 02 arrested, upon initial appearance or arraignment, upon the conviction of the 03 person, and when the person is received at a correctional facility, and providing 04 that the set of fingerprints shall be provided to the Department of Public Safety; 05 relating to criminal and crime records and information; requiring the reporting 06 of information concerning homicides and suspected homicides to the Department 07 of Public Safety for analysis; requiring the Department of Public Safety to 08 participate in the Federal Bureau of Investigation, Violent Crimes Apprehension 09 Program." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 12.25 is amended by adding a new section to read: 12 Sec. 12.25.170. FINGERPRINTING UPON ARREST. When a person is 13 arrested by a peace officer for an offense, with or without a warrant, and is not issued 14 a citation and released, the peace officer shall deliver the person to a correctional
01 facility and the correctional facility shall take the person's fingerprints on a form, and 02 in the manner, approved by the Department of Public Safety. The fingerprints shall 03 be forwarded within five working days to the Department of Public Safety. If the 04 officer, the law enforcement agency that employs the officer, or the correctional 05 facility is notified by the Department of Public Safety that the fingerprints are not 06 legible, the officer, agency, or facility shall make a reasonable effort to obtain a legible 07 set of fingerprints. 08 * Sec. 2. AS 12.55.147 is repealed and reenacted to read: 09 Sec. 12.55.147. FINGERPRINTS AT TIME OF SENTENCING. When a 10 defendant is convicted of an offense, the court shall determine if the defendant's 11 fingerprints have previously been taken in the proceedings leading to the conviction. 12 If the court is unable to conclusively determine that the defendant's fingerprints have 13 previously been taken in the proceedings, the court shall order that the defendant 14 submit to fingerprinting within 24 hours of the time of conviction at an appropriate 15 correctional facility, except that for good cause shown the court may order the 16 fingerprints be taken at a law enforcement facility. The fingerprints shall be taken on 17 a form, and in the manner, approved by the Department of Public Safety. The 18 fingerprints shall be forwarded within five working days to the Department of Public 19 Safety. If the court or the officer or facility that took the fingerprints is notified by 20 the Department of Public Safety that the fingerprints are not legible, 21 (1) the officer or agency shall either inform the court or make a 22 reasonable effort to obtain a legible set of fingerprints; 23 (2) if necessary, the court shall order the defendant to submit to 24 fingerprinting again. 25 * Sec. 3. AS 12.80 is amended by adding a new section to read: 26 Sec. 12.80.060. FINGERPRINTS AT INITIAL APPEARANCE OR 27 ARRAIGNMENT. At the initial appearance or arraignment of a person charged with 28 an offense, the court shall determine if the person's fingerprints have previously been 29 taken in the proceedings involving the offense. If the court is unable to conclusively 30 determine that the person's fingerprints have previously been taken in the proceedings, 31 the court shall order the person to submit to fingerprinting at that time or within 24
01 hours at an appropriate correctional facility, except that for good cause shown the court 02 may order the fingerprints be taken at a law enforcement facility. The fingerprints 03 shall be taken on a form, and in the manner, approved by the Department of Public 04 Safety. The fingerprints shall be forwarded within five working days to the 05 Department of Public Safety. If the court or the officer or facility that took the 06 fingerprints is notified by the Department of Public Safety that the fingerprints are not 07 legible, 08 (1) the officer or agency shall either inform the court or make a 09 reasonable effort to obtain a legible set of fingerprints; 10 (2) if necessary, the court shall order the defendant to submit to 11 fingerprinting again. 12 * Sec. 4. AS 33.30.011 is amended to read: 13 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 14 (1) establish, maintain, operate, and control correctional facilities 15 suitable for the custody, care, and discipline of persons charged or convicted of 16 offenses against the state or held under authority of state law; 17 (2) classify prisoners; 18 (3) for persons committed to the custody of the commissioner, establish 19 programs, including furlough programs that are reasonably calculated to 20 (A) protect the public; 21 (B) maintain health; 22 (C) create or improve occupational skills; 23 (D) enhance educational qualifications; 24 (E) support court-ordered restitution; and 25 (F) otherwise provide for the rehabilitation and reformation of 26 prisoners, facilitating their reintegration into society; 27 (4) provide necessary medical services for prisoners in correctional 28 facilities or who are committed by a court to the custody of the commissioner, 29 including examinations for communicable and infectious diseases; 30 (5) provide necessary psychological or psychiatric treatment if a 31 physician or other health care provider, exercising ordinary skill and care at the time
01 of observation, concludes that 02 (A) a prisoner exhibits symptoms of a serious disease or injury 03 that is curable or may be substantially alleviated; and 04 (B) the potential for harm to the prisoner by reason of delay or 05 denial of care is substantial; [AND] 06 (6) establish minimum standards for sex offender treatment programs 07 offered to persons who are committed to the custody of the commissioner; and 08 (7) provide for the fingerprinting of all persons charged with, or 09 convicted of, an offense who are received at a correctional facility; the 10 fingerprints shall be taken on a form, and in the manner, approved by the 11 Department of Public Safety and shall be forwarded to the Department of Public 12 Safety within five working days; if the commissioner is notified by the 13 Department of Public Safety that the fingerprints are not legible, the 14 commissioner shall make a reasonable effort to fingerprint the person again. 15 * Sec. 5. AS 44.41 is amended by adding a new section to read: 16 Sec. 44.41.026. FINGERPRINT STANDARDS, RECEIPT, AND 17 IDENTIFICATION. (a) The Department of Public Safety shall develop standard 18 forms and procedures for the taking of fingerprints of those charged with or convicted 19 of offenses. 20 (b) When the Department of Public Safety receives fingerprints of a person 21 charged with or convicted of an offense, the Department of Public Safety shall make 22 a reasonable effort to confirm the identity of the person fingerprinted. If the 23 Department of Public Safety finds that the person fingerprinted has criminal history 24 record information under a name other than the name submitted with the fingerprints, 25 the Department of Public Safety shall promptly notify the officer, agency, or facility 26 that took the fingerprints. 27 * Sec. 6. AS 44.41 is amended by adding a new section to read: 28 Sec. 44.41.050. UNIFORM HOMICIDE REPORTING. (a) A law 29 enforcement agency shall report each homicide or suspected homicide committed 30 within the jurisdiction of the agency to the Department of Public Safety within 25 days 31 of the homicide's discovery. The report must contain information as determined by
01 the commissioner of public safety to be necessary to aid law enforcement personnel 02 in comparing homicides and suspected homicides and discovering those that exhibit 03 similar characteristics. The report shall be made on a form similar to and consistent 04 with the Violent Crimes Apprehension Program conducted by the Federal Bureau of 05 Investigation. 06 (b) The Department of Public Safety shall enter the information submitted 07 under (a) of this section into a file and shall compare the information to information 08 on other homicides or suspected homicides for the purpose of discovering similarities 09 in criminal methods and suspect descriptions. If the Department of Public Safety finds 10 homicides exhibiting similar criminal methods or suspect descriptions, the department 11 shall notify the concerned law enforcement agencies of the discoveries. 12 (c) If a law enforcement agency terminates active investigation of a homicide 13 or suspected homicide due to the arrest of a suspect, death of the primary suspect, or 14 other reason, the agency shall notify the Department of Public Safety of the 15 termination and the reason for the termination within 30 days following the 16 termination. 17 (d) The Department of Public Safety shall participate in the Federal Bureau of 18 Investigation, Violent Crimes Apprehension Program. The Department of Public 19 Safety shall transmit information concerning homicides and suspected homicides, 20 discoveries of homicides exhibiting similar criminal methods or suspect descriptions, 21 and terminations of investigations of homicides to the Federal Bureau of Investigation, 22 Violent Crimes Apprehension Program manager, at least on a quarterly basis. 23 * Sec. 7. Notwithstanding AS 44.41.050, added by sec. 6 of this Act, each law enforcement 24 agency in the state shall report each homicide or suspected homicide discovered in the one-year period before the 25 effective date of this Act, and the termination of investigation of any 26 of those homicides or suspected homicides, to the Department of Public Safety in the manner 27 provided in AS 44.41.050 within 60 days of the date the Department of Public Safety 28 prescribes forms for the reporting.