CSHB 122(JUD): "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals; relating to violation of certain testing orders for those convicted of certain crimes; relating to probation and parole conditions and revocation of parole; amending Rule 10(e), Alaska Administrative Rules, Rule 502(b), Alaska Rules of Appellate Procedure, Rule 26, Alaska Rules of Civil Procedure, and Rules 32 and 35, Alaska Rules of Criminal Procedure."
00CS FOR HOUSE BILL NO. 122(JUD) 01 "An Act relating to prisoner litigation, post-conviction relief, and sentence 02 appeals; relating to violation of certain testing orders for those convicted of 03 certain crimes; relating to probation and parole conditions and revocation of 04 parole; amending Rule 10(e), Alaska Administrative Rules, Rule 502(b), Alaska 05 Rules of Appellate Procedure, Rule 26, Alaska Rules of Civil Procedure, and 06 Rules 32 and 35, Alaska Rules of Criminal Procedure." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 09.19.010(b) is amended to read: 09 (b) To apply for a filing fee exemption, a prisoner shall submit to the court 10 (1) an affidavit that clearly discloses that the person is a prisoner and 11 that sets out 12 (A) the prisoner's complete financial situation, including the 13 prisoner's income, money in financial accounts, assets, and court-ordered 14 payments;
01 (B) the circumstances that prevent the prisoner from paying full 02 filing fees; and 03 (C) the nature of the action or appeal and specific facts that 04 would, if proven, state a claim on which relief can be granted or entitle the 05 prisoner to reversal on appeal; 06 (2) a certified copy of the prisoner's account statement from the 07 correctional facility in which the prisoner is being or has been held for the six-month 08 period preceding the submission of the application; and 09 (3) other documentation or financial information as the court may 10 require. 11 * Sec. 2. AS 09.19.050 is amended to read: 12 Sec. 09.19.050. Discovery in prisoner cases. The automatic disclosure 13 provisions of Rule 26, Alaska Rules [RULE] of Civil Procedure , [16.1] do not apply 14 to litigation against the state brought by a prisoner. 15 * Sec. 3. AS 09.19.100(1) is amended to read: 16 (1) "litigation against the state" means a civil action or an appeal from 17 a civil action or from the final decision of an administrative agency , a petition for 18 review, a petition for hearing, an original application for relief, or another action 19 filed under the Alaska Rules of Appellate Procedure that 20 (A) involves the state, an officer or agent of the state, or a state 21 employee, or a former officer or agent of the state or state employee, regarding 22 conduct that occurred during that former officer's, agent's, or employee's state 23 employment or agency, whether the officer, agent, or employee is sued in an 24 official or a personal capacity; and 25 (B) is related to a person's status or treatment as a prisoner , 26 [OR] to a criminal charge against or involving the person , or to an alleged 27 violation of the person's constitutional rights ; 28 * Sec. 4. AS 11.56 is amended by adding a new section to read: 29 Sec. 11.56.760. Violating an order to submit to DNA testing. (a) A person 30 commits the crime of violating an order to submit to DNA testing if, when requested 31 by a health care professional acting on behalf of the state to provide a blood sample,
01 oral sample, or both, the person refuses to provide the sample or samples and the 02 person has been 03 (1) ordered to submit to DNA testing as part of a sentence imposed 04 under AS 12.55.015; or 05 (2) convicted of an offense that requires DNA testing under the 06 provisions of AS 44.41.035. 07 (b) In this section, "DNA testing" means the collection of a blood sample, oral 08 sample, or both, for the deoxyribonucleic acid identification registration system under 09 AS 44.41.035. 10 (c) Violating an order to submit to DNA testing is a class A misdemeanor. 11 * Sec. 5. AS 12.55.015 is amended by adding a new subsection to read: 12 (i) In addition to penalties authorized by this section, the court shall order a 13 person convicted of an offense requiring the state to collect a blood sample, oral 14 sample, or both, for the deoxyribonucleic acid identification registration system under 15 AS 44.41.035 to submit to the collection of the sample or samples when requested by 16 a health care professional acting on behalf of the state to provide the sample or 17 samples. 18 * Sec. 6. AS 12.55.100 is amended by adding a new subsection to read: 19 (d) If the court orders probation for a defendant convicted of an offense 20 requiring the state to collect a blood sample, oral sample, or both, from the defendant 21 for the deoxyribonucleic acid identification registration system under AS 44.41.035, 22 the court shall order the defendant, as a condition of probation, to submit to the 23 collection of the sample or samples when requested by a health care professional 24 acting on behalf of the state to provide the sample or samples. 25 * Sec. 7. AS 33.16.150(a) is amended to read: 26 (a) As a condition of parole, a prisoner released on special medical, 27 discretionary, or mandatory parole 28 (1) shall obey all state, federal, or local laws or ordinances, and any 29 court orders applicable to the parolee; 30 (2) shall make diligent efforts to maintain steady employment or meet 31 family obligations;
01 (3) shall, if involved in education, counseling, training, or treatment, 02 continue in the program unless granted permission from the parole officer assigned to 03 the parolee to discontinue the program; 04 (4) shall report 05 (A) upon release to the parole officer assigned to the parolee; 06 (B) at other times, and in the manner, prescribed by the board 07 or the parole officer assigned to the parolee; 08 (5) shall reside at a stated place and not change that residence without 09 notifying, and receiving permission from, the parole officer assigned to the parolee; 10 (6) shall remain within stated geographic limits unless written 11 permission to depart from the stated limits is granted the parolee; 12 (7) may not use, possess, handle, purchase, give, distribute, or 13 administer a controlled substance as defined in AS 11.71.900 or under federal law or 14 a drug for which a prescription is required under state or federal law without a 15 prescription from a licensed medical professional to the parolee; 16 (8) may not possess or control a firearm; in this paragraph, "firearm" 17 has the meaning given in AS 11.81.900; 18 (9) may not enter into an agreement or other arrangement with a law 19 enforcement agency or officer that will place the parolee in the position of violating 20 a law or parole condition without the prior approval of the board; 21 (10) may not contact or correspond with anyone confined in a 22 correctional facility of any type serving any term of imprisonment or a felon without 23 the permission of the parole officer assigned to a parolee; 24 (11) shall agree to waive extradition from any state or territory of the 25 United States and to not contest efforts to return the parolee to the state ; 26 (12) shall provide a blood sample, an oral sample, or both, when 27 requested by a health care professional acting on behalf of the state to provide the 28 sample or samples if the prisoner is being released after a conviction of an offense 29 requiring the state to collect the sample or samples for the deoxyribonucleic acid 30 identification system under AS 44.41.035 . 31 * Sec. 8. AS 33.16.220(a) is amended to read:
01 (a) The board may revoke parole if the prisoner or [(1)] parolee (1) engages 02 in conduct in violation of AS 33.16.150(a), (b), or (f) , [;] or (2) has violated an order 03 of the court to participate in or comply with the treatment plan of a rehabilitation 04 program under AS 12.55.015(a)(10). Mandatory parole may be revoked before a 05 prisoner's actual release on parole. 06 * Sec. 9. AS 33.16.220(i) is amended to read: 07 (i) If, after the final revocation hearing, the board finds that the parolee has 08 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f) 09 [AS 33.16.150(b)], or a law or ordinance, the board may revoke all or a portion of the 10 parole, or change any condition of parole. 11 * Sec. 10. Rule 502(b), Alaska Rules of Appellate Procedure, is amended to read: 12 (b) Extensions of Time. When by these rules or by a notice given thereunder 13 or by order of the appellate court an act is required or allowed to be done at or within 14 a specified time, the appellate court may in its discretion, either on motion of a party, 15 showing good cause, or sua sponte: 16 (1) Extend the time period, either before or after its expiration or 17 (2) Validate an act done after the expiration of the time period. 18 Motions to extend a time period, or to validate an act done after the expiration of the 19 time period, must comply with Rule 503. Time periods specified in the Appellate 20 Rules, including time periods for doing an act or filing a document in the trial court, 21 may be extended only by the appellate courts and not by the trial court. In a matter 22 requesting review of or appealing a criminal conviction or sentence, this rule does 23 not authorize an appellate court, or the superior court acting as an intermediate 24 appellate court, to validate the filing of a notice of appeal, petition for review, or 25 petition for hearing more than 60 days after the expiration of the time specified 26 in the rule or statute or in the last extension of time previously granted. 27 * Sec. 11. Rule 32, Alaska Rules of Criminal Procedure, is amended by adding a new 28 subsection to read: 29 (e) Judgment for crime against a person. In a case in which the defendant 30 is convicted of a crime against a person as defined in AS 44.41.035(j), the written 31 judgment must set out the requirements of AS 12.55.015(i).
01 * Sec. 12. Rule 35, Alaska Rules of Criminal Procedure, is amended by adding a new 02 subsection to read: 03 (g) Relaxing the time period for request. A court may not relax by more 04 than 10 days the time period in which a request to modify or reduce a sentence under 05 (b) of this rule must be filed. 06 * Sec. 13. The provisions of sec. 2 of this Act have the effect of changing Rule 26, Alaska 07 Rules of Civil Procedure, by providing that the automatic disclosure provisions of the rule do 08 not apply to litigation against the state brought by prisoners. 09 * Sec. 14. The provisions of sec. 3 of this Act have the effect of changing Rule 10(e), 10 Alaska Administrative Rules, by expanding the definition of "litigation against the state" so 11 that it has the meaning given in AS 09.19.100 as amended by sec. 3 of this Act. 12 * Sec. 15. Sections 1 - 4 and 6 - 14 of this Act apply to offenses committed before, on, 13 or after the effective date of this Act. 14 * Sec. 16. Sections 2 and 3 of this Act take effect only if secs. 13 and 14 of this Act take 15 effect.