CSHB 272(JUD): "An Act relating to allowing the commissioner of corrections to allow a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring; and relating to the crime of escape."
00CS FOR HOUSE BILL NO. 272(JUD) 01 "An Act relating to allowing the commissioner of corrections to allow a prisoner 02 to serve a term of imprisonment or period of temporary commitment by electronic 03 monitoring; and relating to the crime of escape." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.56.310(a) is amended to read: 06 (a) One commits the crime of escape in the second degree if, without lawful 07 authority, one 08 (1) removes oneself from 09 (A) a correctional facility while under official detention; 10 (B) official detention for a felony or for extradition; or 11 (C) official detention and , during the escape [,] or at any time 12 before being restored to official detention, one possesses on or about oneself 13 a firearm; [OR] 14 (2) violates AS 11.56.340 and , during the time of the unlawful evasion
01 [,] or at any time before being restored to official detention, one possesses on or about 02 oneself a firearm ; or 03 (3) removes, tampers with, or disables the electronic monitoring 04 equipment, or leaves one's residence or other place designated by the 05 commissioner of corrections for the service by electronic monitoring of official 06 detention for a felony . 07 * Sec. 2. AS 11.56.330(a) is amended to read: 08 (a) One commits the crime of escape in the fourth degree if, without lawful 09 authority, one 10 (1) removes oneself from official detention for a misdemeanor; [OR] 11 (2) having been placed under actual restraint by a peace officer before 12 arrest, removes oneself from the restraint ; or 13 (3) removes, tampers with, or disables the electronic monitoring 14 equipment, or leaves one's residence or other place designated by the 15 commissioner of corrections for the service by electronic monitoring of official 16 detention for a misdemeanor . 17 * Sec. 3. AS 12.55.015(e) is amended to read: 18 (e) If the defendant is ordered to serve a definite term of imprisonment, the 19 court may recommend that the defendant serve all or part of the term 20 (1) in a correctional restitution center ; 21 (2) by electronic monitoring . 22 * Sec. 4. AS 33.30.061 is amended by adding a new subsection to read: 23 (c) The commissioner may, under AS 33.30.065, designate a prisoner to serve 24 the prisoner's term of imprisonment or period of temporary commitment, or a part of 25 the term or period, by electronic monitoring. A prisoner serving a term of 26 imprisonment, or a period of temporary commitment, for a crime involving domestic 27 violence is not eligible for electronic monitoring. 28 * Sec. 5. AS 33.30 is amended by adding a new section to read: 29 Sec. 33.30.065. Service of sentence by electronic monitoring. (a) If the 30 commissioner designates a prisoner to serve the prisoner's term of imprisonment or 31 period of temporary commitment, or a part of the term or period, by electronic
01 monitoring, the commissioner shall direct the prisoner to serve the term or period at 02 the prisoner's residence or other place selected by the commissioner. The electronic 03 monitoring shall be administered by the department and shall be designed so that any 04 attempt to remove, tamper with, or disable the monitoring equipment or to leave the 05 place selected for the service of the term or period will result in a report or notice to 06 the department. 07 (b) In determining whether to designate a prisoner to serve a term of 08 imprisonment or period of temporary commitment by electronic monitoring, the 09 commissioner shall consider 10 (1) safeguards to the public; 11 (2) the prospects for the prisoner's rehabilitation; 12 (3) the availability of program and facility space; 13 (4) the nature and circumstances of the offense for which the prisoner 14 was sentenced or for which the prisoner is serving a period of temporary commitment; 15 (5) the needs of the prisoner as determined by a classification 16 committee and any recommendations made by the sentencing court; 17 (6) the record of convictions of the prisoner, with particular emphasis 18 on crimes specified in AS 11.41 or crimes involving domestic violence; 19 (7) the use of drugs or alcohol by the prisoner; and 20 (8) other criteria considered appropriate by the commissioner. 21 (c) A decision by the commissioner to designate a prisoner to serve a term of 22 imprisonment or a period of temporary confinement, or a part of the term or period, 23 by electronic monitoring does not create a liberty interest in that status for the prisoner. 24 The prisoner may be returned to a correctional facility at the discretion of the 25 commissioner. 26 (d) The commissioner may require a prisoner designated to serve a term of 27 imprisonment or a period of temporary confinement by electronic monitoring to pay 28 all or a portion of the costs of the electronic monitoring.