HB 2: "An Act allowing courts to require certain offenders as a special condition of probation to complete a boot camp program provided by the Department of Corrections; making prisoners who complete the boot camp program eligible for discretionary parole; providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; allowing the Department of Corrections to contract with a person for an alternative boot camp program; creating the Boot Camp Advisory Board in the Department of Corrections; and providing for an effective date."
00HOUSE BILL NO. 2 01 "An Act allowing courts to require certain offenders as a special condition of 02 probation to complete a boot camp program provided by the Department of 03 Corrections; making prisoners who complete the boot camp program eligible for 04 discretionary parole; providing for incarceration of certain nonviolent offenders in 05 boot camps operated by the Department of Corrections; allowing the Department 06 of Corrections to contract with a person for an alternative boot camp program; 07 creating the Boot Camp Advisory Board in the Department of Corrections; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 12.55.086(a) is amended to read: 11 (a) When the imposition of sentence is suspended under AS 12.55.085, the 12 court may require, as a special condition of probation, 13 (1) that the defendant serve a definite term of continuous or periodic 14 imprisonment, not to exceed the maximum term of imprisonment that could have been
01 imposed; the [. THE] court may recommend that the defendant serve all or part of the 02 term in a correctional restitution center; 03 (2) if the conviction is for other than a felony violation of AS 11.41, 04 AS 11.46.300, 11.46.400, AS 11.56.300, 11.56.810, AS 11.61.100, 11.61.190, 05 11.61.195, or 11.61.240, that the defendant be imprisoned so as to successfully 06 complete the boot camp program provided under AS 33.30.182; the court may 07 require the defendant to reimburse the department for a portion of the cost of 08 participating in the program. 09 * Sec. 2. AS 12.55.086(b) is amended to read: 10 (b) A defendant imprisoned under (a)(1) of this section is entitled to a 11 deduction from the term of imprisonment for good conduct under AS 33.20.010. 12 Unless otherwise specified in the order of suspension of imposition of sentence, a 13 defendant imprisoned under this section is eligible for parole if the term of 14 imprisonment exceeds one year and is eligible for any work furlough, rehabilitation 15 furlough, or similar program available to other state prisoners. 16 * Sec. 3. AS 33.16.090 is amended by adding a new subsection to read: 17 (f) Notwithstanding another provision of law, a prisoner who is not otherwise 18 eligible for discretionary parole who has successfully completed the boot camp 19 program under AS 33.30.182 may be granted discretionary parole. 20 * Sec. 4. AS 33.30 is amended by adding new sections to read: 21 ARTICLE 2A. BOOT CAMP PROGRAM. 22 Sec. 33.30.182. BOOT CAMP PROGRAM. (a) The commissioner shall 23 establish a boot camp program as a correctional facility of the state. The boot camp 24 program is an alternative correctional facility and program for prisoners who have been 25 ordered to successfully complete the program as a special condition of probation under 26 AS 12.55.086 or have been sentenced for a conviction of a less serious nature and who 27 have not previously participated in the boot camp program. Prisoners participating in 28 the boot camp program shall be housed separately from other prisoners committed to 29 the custody of the commissioner who are not participating in the program. 30 (b) The commissioner shall include in the boot camp program 31 (1) a military style intensive physical training and discipline program;
01 (2) alcohol and drug counseling, education, and treatment as an integral 02 part of the program; 03 (3) a training program emphasizing skills for reentering society; 04 (4) training in personal accountability and the work ethic; and 05 (5) other educational, counseling, and treatment programs as determined 06 by the department or as ordered by a court under AS 12.55.015. 07 (c) The commissioner shall structure the boot camp program so that a prisoner 08 entering the program may complete it in a period of time determined by the 09 commissioner but not greater than 150 days. 10 (d) A prisoner shall be removed from the boot camp program and reassigned 11 to another correctional facility if the prisoner fails to successfully complete the 12 program or otherwise fails to abide by the regulations of the program. 13 (e) The commissioner shall adopt regulations to implement AS 33.30.182 - 14 33.30.184 and otherwise administer the boot camp program. 15 (f) Notwithstanding AS 33.30.031, the department may contract with a person 16 for an alternative boot camp program under this section. An alternative boot camp 17 program must meet all of the requirements for a boot camp under this section and 18 under the regulations adopted by the commissioner. Prisoners shall be assigned to an 19 alternative boot camp program in the manner provided under AS 33.30.183. 20 (g) The commissioner shall maintain records of the program and shall annually 21 report to the legislature not later than February 1 on the program and its effectiveness. 22 The report must include, to the extent the technological capability of the department 23 allows, 24 (1) a comparison of recidivism rates between prisoners who have 25 completed the boot camp program and other prisoners not eligible for the program who 26 are committed to the custody of the commissioner; 27 (2) a comparison of costs between the boot camp program and 28 traditional incarceration programs; 29 (3) a description of the number of prisoners who have participated in, 30 completed, or failed the boot camp program. 31 Sec. 33.30.183. ELIGIBILITY FOR ASSIGNMENT TO BOOT CAMP
01 PROGRAM. (a) The commissioner may not allow a prisoner to serve time in the 02 boot camp program unless the commissioner specifically finds that the prisoner meets 03 the eligibility requirements of this section. 04 (b) To be eligible to serve time in the boot camp program, the prisoner must 05 have been 06 (1) ordered to participate in the program by the court under 07 AS 12.55.086; or 08 (2) selected by the commissioner and 09 (A) have been sentenced to a term of imprisonment of at least 10 150 days; 11 (B) not have previously participated in a boot camp program 12 under AS 33.30.182; 13 (C) not be serving a sentence for a violation of AS 11.41; 14 AS 11.46.300, 11.46.400; AS 11.56.300, 11.56.810; AS 11.61.100, 11.61.190, 15 11.61.195, or 11.61.240. 16 Sec. 33.30.184. ADVISORY BOARD. (a) The Boot Camp Program Advisory 17 Board is established in the department. The board shall review and provide advice to 18 the commissioner concerning the boot camp program. The members of the board are 19 appointed by the governor as follows: 20 (1) the commissioner or the commissioner's designee; 21 (2) the director of the division of institutions of the department; 22 (3) the director of the division of community corrections of the 23 department; 24 (4) a member of the house of representatives; 25 (5) a member of the senate; 26 (6) a superior court judge; and 27 (7) two public members. 28 (b) The public members of the board are entitled to per diem and travel 29 expenses authorized by law for boards and commissions under AS 39.20.180. 30 * Sec. 5. This Act takes effect July 1, 1995.