HB 186: "An Act relating to registration of sex offenders and central registry of sex offenders; relating to access to, release of, and use of criminal justice information and systems; relating to notices concerning sex offender registrants; and providing for an effective date."
00HOUSE BILL NO. 186 01 "An Act relating to registration of sex offenders and central registry of sex 02 offenders; relating to access to, release of, and use of criminal justice 03 information and systems; relating to notices concerning sex offender registrants; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.56.840 is amended by adding a new subsection to read: 07 (b) A person who fails to comply with the requirements of AS 12.63.010, 08 12.63.020, AS 18.65.087(d), or the regulations adopted under AS 18.65.087(d) for 09 address verification of a sex offender who must register for life is guilty of a violation. 10 * Sec. 2. AS 12.62.160(b)(8) is amended to read: 11 (8) current offender information and past conviction information may 12 be provided to a person for any purpose, except that information may not be released 13 if the release of the information would unreasonably compromise the privacy of a 14 minor or vulnerable adult;
01 * Sec. 3. AS 12.62 is amended by adding a new section to read: 02 Sec. 12.62.165. Access to national criminal history system information by 03 an interested party. An interested person may request the department to obtain 04 criminal history record information from the national criminal history system about an 05 applicant. As part of the request, the interested person shall submit the applicant's 06 fingerprints. The department may provide the criminal history record information to 07 an interested person who is a government entity. If the interested person is not a 08 government entity, the department may 09 (1) provide the criminal history record information to a government 10 entity that is authorized by state statute or municipal ordinance to obtain the criminal 11 history record information of the applicant; the government entity may not release the 12 information received, but may inform the interested person if the information received 13 contains criminal history record information relating to a serious offense; or 14 (2) if no government entity other than the department is authorized to 15 obtain the criminal history record information, inform the interested person if the 16 information received contains criminal history record information relating to a serious 17 offense. 18 * Sec. 4. AS 12.62.900(14) is amended to read: 19 (14) "current offender information" means information showing that an 20 identifiable person 21 (A) is currently under arrest for or is charged with a crime and 22 (i) prosecution is under review or has been deferred by 23 written or oral agreement; 24 (ii) a warrant exists for the person's arrest; or 25 (iii) less than a year has elapsed since the date of the 26 arrest or filing of the charges, whichever is latest; 27 (B) is currently released on bail or on other conditions imposed 28 by a court in a criminal case, either pretrial or post-trial, including the 29 conditions of the release; or 30 (C) is currently serving a criminal sentence or is under the 31 custody of the commissioner of corrections for supervision purposes; "current
01 offender information" under this subparagraph includes 02 [(i) THE TERMS AND CONDITIONS OF ANY 03 SENTENCE, PROBATION, SUSPENDED IMPOSITION OF 04 SENTENCE, DISCRETIONARY OR MANDATORY PAROLE, 05 FURLOUGH, EXECUTIVE CLEMENCY, OR OTHER RELEASE; 06 AND 07 (ii)] the location of any place of incarceration, halfway 08 house, restitution center, or other correctional placement to which the 09 person is assigned[; OR 10 (D) HAS HAD A CRIMINAL CONVICTION OR SENTENCE 11 REVERSED, VACATED, SET ASIDE, OR HAS BEEN THE SUBJECT OF 12 EXECUTIVE CLEMENCY]; 13 * Sec. 5. AS 12.62.900(20) is amended to read: 14 (20) "past conviction information" means information showing that an 15 identifiable person [WHO HAS BEEN UNCONDITIONALLY DISCHARGED] has 16 previously been convicted of a crime; "past conviction information" includes 17 (A) the terms of any sentence, probation, suspended imposition 18 of sentence, [OR] discretionary or mandatory parole, furlough, executive 19 clemency, or other release; and 20 (B) information that a criminal conviction or sentence has been 21 reversed, vacated, set aside, or been the subject of executive clemency; 22 * Sec. 6. AS 12.62.900(23) is amended to read: 23 (23) "serious offense" means a conviction for a felony offense, a crime 24 involving domestic violence, or a violation or attempted violation of any of the 25 following laws, or of the laws of another jurisdiction with substantially similar 26 elements: 27 (A) AS 11.41.410 - 11.41.470; 28 (B) AS 11.51.130 [AS 11.51.130(a)(1), (3), OR (5)]; 29 (C) AS 11.61.110(a)(7); 30 (D) AS 11.66.100 - 11.66.130; or 31 (E) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 -
01 11.40.420, if committed before January 1, 1980; 02 * Sec. 7. AS 12.62.900 is amended by adding new paragraphs to read: 03 (25) "applicant" means a natural person who is or seeks to be employed, 04 appointed, or permitted to serve with or without compensation in a position in which 05 the person will have supervisory or disciplinary power over a minor or a dependent 06 adult; 07 (26) "national criminal history system" means the criminal history record 08 system maintained by the Federal Bureau of Investigation. 09 * Sec. 8. AS 12.63.010(b) is amended to read: 10 (b) A sex offender required to register under (a) of this section shall register 11 in person at the Alaska state trooper post or municipal police department located 12 nearest to where the sex offender resides at the time of registration. To fulfill the 13 registration requirement, the sex offender shall 14 (1) complete a registration form that includes, at a minimum, the sex 15 offender's name, address, place of employment, date of birth, each conviction for a sex 16 offense for which the duty to register has not terminated under AS 12.63.020, date of 17 sex offense convictions, place and court of sex offense convictions, all aliases used, 18 [AND] driver's license number, a description of physical identifying features, any 19 anticipated future residence, and a statement concerning whether the offender has 20 had treatment for a mental abnormality or personality disorder since the date 21 of conviction for an offense requiring registration under this chapter; 22 (2) allow the Alaska state troopers or municipal police to take [A 23 COMPLETE SET OF] the sex offender's fingerprints and [TO TAKE THE SEX 24 OFFENDER'S] photograph. 25 * Sec. 9. AS 12.63.010 is amended by adding a new subsection to read: 26 (f) A sex offender required to register for life under (a) of this section and 27 AS 12.63.020(a)(1) shall comply with the requirements of the department adopted 28 under AS 18.65.087(d) for verification of the sex offender's address. 29 * Sec. 10. AS 12.63.020(a) is amended to read: 30 (a) The duty of a sex offender to comply with the requirements of 31 AS 12.63.010 for each sex offense
01 (1) continues for the lifetime of a sex offender convicted of two or 02 more sex offenses, or a single sex offense under AS 11.41.410 or 11.41.434; 03 (2) continues for 15 years following the date of registration unless 04 the sex offender must register for life under (1) of this subsection; the registration 05 period under this paragraph 06 (A) is tolled for a year in which an offender fails to comply 07 with AS 12.63.010(c) or (d); and 08 (B) may include the time a sex offender has complied with 09 the sex offender registration requirements of another state or the Federal 10 Bureau of Investigation if the sex offender provides the department with 11 proof of compliance during a period of absence from the state [ENDS 15 12 YEARS FOLLOWING THE SEX OFFENDER'S UNCONDITIONAL 13 DISCHARGE FROM A CONVICTION OF A SINGLE SEX OFFENSE]. 14 * Sec. 11. AS 12.63.100(3) is amended to read: 15 (3) "sex offense" means a crime, or an attempt or solicitation to commit 16 a crime, under 17 (A) AS 11.41.300 if the victim was under 18 years of age at 18 the time of the offense; 19 (B) AS 11.41.410 - 11.41.438; [,] 20 (C) AS 11.41.440(a)(2); 21 (D) AS 11.41.450 - 11.41.455; [11.41.450, 11.41.455] 22 (E) AS 11.61.125; [,] 23 (F) AS 11.66.110; [,] 24 (G) AS 11.66.130(a)(2) if the person who was induced or 25 caused to engage in prostitution was 16 or 17 years of age at the time of 26 the offense; 27 (H) former AS 11.15.120 or 11.15.134; [, OR] 28 (I) assault with intent to commit rape under former 29 AS 11.15.160; 30 (J) former AS 11.40.110 or 11.40.200; [,] or 31 (K) a [SIMILAR] law in another jurisdiction similar to those
01 described in (A) - (G) of this section; 02 * Sec. 12. AS 18.65.087(c) is amended to read: 03 (c) Notwithstanding (b) of this section, if a sex offender has been convicted 04 in this state or another jurisdiction of a sex offense identified as "incest," that offense 05 may be disclosed under (b) of this section only as a "felony sexual abuse [OF A 06 MINOR]" conviction. 07 * Sec. 13. AS 18.65.087(d) is amended to read: 08 (d) The Department of Public Safety 09 (1) shall adopt regulations to 10 (A) allow a sex offender to review sex offender registration 11 information that refers to that sex offender, and if the sex offender believes the 12 information is inaccurate or incomplete, to request the department to correct the 13 information; if the department finds the information is inaccurate or incomplete, 14 the department shall correct or supplement the information; 15 (B) ensure the appropriate circulation to law enforcement 16 agencies of information contained in the central registry; 17 (C) provide for notification to the Federal Bureau of 18 Investigation and to the Alaska state trooper post or the municipal police 19 department located nearest to the new residence of the sex offender if a sex 20 offender has given notice of change of address within the state; 21 (D) provide for notification, if a sex offender has given 22 notice of change of residence to another state, to the Federal Bureau of 23 Investigation and to the agency responsible for sex offender registration in 24 the state where the sex offender intends to establish residence if that state 25 has a sex offender registration program; 26 (E) provide for address verification by a sex offender every 27 90 days if the sex offender is required to register for life under 28 AS 12.63.020(a)(1); 29 (F) provide for immediate notification to the Federal Bureau 30 of Investigation if the department does not receive the address verification 31 required under (E) of this paragraph or has no knowledge of the location
01 of a sex offender required to register under AS 12.63.010; 02 (2) shall provide to municipal police departments the forms and 03 directions necessary to allow sex offenders to comply with AS 12.63.010; 04 (3) may adopt regulations to establish fees to be charged for registration 05 under AS 12.63.010 and for information requests; the fee for registration shall be based 06 upon the actual costs of performing the registration and maintaining the central registry 07 but may not be set at a level whereby registration is discouraged; the fee for an 08 information request may not be greater than $10; 09 (4) shall remove from the central registry of sex offenders under 10 AS 18.65.087 information about a sex offender required to register under 11 AS 12.63.020(a)(2) at the end of the sex offender's duty to register if the offender has 12 not been convicted of another sex offense; in this paragraph, "sex offense" has the 13 meaning given in AS 12.63.100. 14 * Sec. 14. AS 18.65.087 is amended by adding a new subsection to read: 15 (e) The department and other law enforcement agencies in the state shall make 16 every reasonable effort to meet the obligations of this section. However, a failure to 17 meet the obligations does not give rise to a cause of action against those agencies, 18 other officers or agencies in the state, or a political subdivision of the state. 19 * Sec. 15. AS 33.30.012(a) is amended to read: 20 (a) Before the release of a sex offender required to register under 21 AS 12.63.010, the commissioner shall determine whether legible fingerprints have 22 been provided to the Department of Public Safety for each sex offense for which 23 the sex offender is required to register. If not already provided, the commissioner 24 shall obtain the fingerprints in the manner required by the Department of Public 25 Safety and forward them to the Department of Public Safety. Within 10 days 26 before release of a sex offender, the commissioner shall notify the sex offender in 27 writing of the requirement to register under AS 12.63.010, obtain written 28 verification of the notification, and send the verification to the Department of 29 Public Safety. The [AT THE EARLIEST POSSIBLE DATE, AND IN NO EVENT 30 LATER THAN 10 DAYS BEFORE RELEASE, THE] commissioner shall 31 [COMPLETE THE REGISTRATION OF THE SEX OFFENDER AND] send written
01 notice of release, parole, community placement, work release placement, or furlough 02 of the sex offender [A SPECIFIC INMATE CONVICTED OF A SEX OFFENSE] to: 03 (1) the chief of police of the community, if any, in which the inmate 04 will reside; 05 (2) the Alaska state trooper post located nearest to where the inmate 06 will reside; and 07 (3) the village public safety officer of the rural community without a 08 municipal police department or Alaska state trooper post in which the inmate will 09 reside. 10 * Sec. 16. AS 33.30.012 is amended by adding a new subsection to read: 11 (c) Immediately after taking supervision of a sex offender under the Interstate 12 Corrections Compact or AS 33.36.110, the commissioner shall provide written notice 13 to the sex offender of the requirement to register under AS 12.63.010, obtain written 14 verification of the notification, and send the verification to the Department of Public 15 Safety. 16 * Sec. 17. AS 12.62.160(b)(9), 12.62.160(b)(10), 12.62.900(24), and AS 33.30.035 are 17 repealed. 18 * Sec. 18. AS 12.63.100(4) is repealed. 19 * Sec. 19. Section 12(a), ch. 41, SLA 1994 is amended to read: 20 (a) A sex offender with only one conviction for a sex offense who submits to 21 the Department of Public Safety proof of having [HAS] been unconditionally 22 discharged from that sex offense before July 1, 1984, is not required to register under 23 AS 12.63.010, added by sec. 4 of this Act. A sex offender who has been 24 unconditionally discharged from a sex offense on or after July 1, 1984, but before the 25 effective date of this Act, shall register under AS 12.63.010, added by sec. 4 of this 26 Act, by July 1, 1994. A sex offender with two or more convictions for a sex offense 27 before the effective date of this Act, regardless of whether the sex offender was 28 unconditionally released from the sex offense before, on, or after July 1, 1984, shall 29 register under AS 12.63.010, added by sec. 4 of this Act, by July 1, 1994. 30 * Sec. 20. TRANSITION: REGULATIONS. Notwithstanding sec. 22 of this Act, the 31 Department of Public Safety may proceed to adopt regulations to implement the changes made
01 by this Act. Regulations take effect under AS 44.62 (Administrative Procedure Act) to 02 implement a section of this Act, but not before the effective date of the relevant section of this 03 Act. 04 * Sec. 21. Sections 2 - 7, 12, 14 - 17, and 20 of this Act take effect immediately under 05 AS 01.10.070(c). 06 * Sec. 22. Sections 1, 8 - 11, 13, 18, and 19 of this Act take effect September 13, 1997.