SB 223: "An Act referencing the award of good time and restricting release on mandatory parole for prisoners serving certain sentences who fail to attain certain minimum educational standards; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; and providing for an effective date."
00 SENATE BILL NO. 223 01 "An Act referencing the award of good time and restricting release on mandatory parole 02 for prisoners serving certain sentences who fail to attain certain minimum educational 03 standards; relating to eligibility for a permanent fund dividend for persons convicted of 04 and incarcerated for certain offenses; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 33.16.010(c) is amended to read: 07 (c) A prisoner who is not eligible for discretionary parole, or who is not 08 released on discretionary parole, shall be released on mandatory parole for the term of 09 good time deductions credited under AS 33.20 [,] if the prisoner is eligible under (a) 10 of this section [TERM OR TERMS OF IMPRISONMENT ARE TWO YEARS OR 11 MORE]. 12 * Sec. 2. AS 33.20.010(a) is amended to read: 13 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 14 convicted of an offense against the state or a political subdivision of the state and
01 sentenced to a term or terms of imprisonment 02 (1) of two years or more [THAT EXCEEDS THREE DAYS] is 03 entitled to a deduction of either 04 (A) one-third of the term or terms of imprisonment rounded 05 off to the nearest day if the prisoner follows the rules of the correctional 06 facility in which the prisoner is confined and the prisoner either 07 (i) attains or has attained a high school diploma, a 08 general education development diploma, or an equivalent diploma 09 before being incarcerated or while incarcerated if the program is 10 made available to the prisoner; 11 (ii) is incapable of attaining a diploma or its 12 equivalent; or 13 (iii) does not speak English as the prisoner's primary 14 language and, due to the prisoner's age and social background, the 15 commissioner determines that the prisoner cannot reasonably be 16 expected to meet an educational requirement; or 17 (B) one-twelfth of the term or terms of imprisonment 18 rounded off to the nearest day if the prisoner follows the rules of the 19 correctional facility in which the prisoner is confined and the prisoner 20 does not qualify for a one-third deduction under (A) of this paragraph; 21 (2) that exceed three days but less than two years is entitled to a 22 deduction of one-third of the term or terms of imprisonment rounded off to the 23 nearest day if the prisoner follows the rules of the correctional facility in which 24 the prisoner is confined. [A PRISONER IS NOT ELIGIBLE FOR A GOOD TIME 25 DEDUCTION IF THE PRISONER HAS BEEN SENTENCED TO A 26 (1) MANDATORY 99-YEAR TERM OF IMPRISONMENT UNDER 27 AS 12.55.125(a) AFTER JUNE 27, 1996; OR 28 (2) DEFINITE TERM UNDER AS 12.55.125(l)]. 29 * Sec. 3. AS 33.20.010 is amended by adding a new subsection to read: 30 (c) A prisoner is not eligible for a good time deduction if the prisoner has been 31 sentenced to a
01 (1) mandatory 99-year term of imprisonment under AS 12.55.125(a) 02 after June 27, 1996; or 03 (2) definite term under AS 12.55.125(l). 04 * Sec. 4. AS 43.23.005(d) is amended to read: 05 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 06 not eligible for a permanent fund dividend for a dividend year when 07 (1) during the qualifying year, the individual was sentenced as a result 08 of conviction in this state of a felony; 09 (2) during all or part of 10 (A) either of the two calendar years immediately preceding 11 that dividend year, the individual was incarcerated as a result of the 12 conviction in this state of a felony; or 13 (B) the qualifying year, the individual was incarcerated as a 14 result of the conviction in this state of a 15 [(A) FELONY; OR 16 (B)] misdemeanor if the individual has been convicted of 17 (i) a prior felony as defined in AS 11.81.900; or 18 (ii) two or more prior misdemeanors [CRIMES] as 19 defined in AS 11.81.900. 20 * Sec. 5. AS 43.23.028(a) is amended to read: 21 (a) By October 1 of each year, the commissioner shall give public notice of 22 the value of each permanent fund dividend for that year and notice of the information 23 required to be disclosed under (3) of this subsection. In addition, the stub attached to 24 each individual dividend check and direct deposit advice must 25 (1) disclose the amount of each dividend attributable to income earned 26 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 27 Constitution of the State of Alaska; 28 (2) disclose the amount of each dividend attributable to income earned 29 by the permanent fund from appropriations to that fund and from amounts added to 30 that fund to offset the effects of inflation; 31 (3) disclose the amount by which each dividend has been reduced due
01 to each appropriation from the dividend fund, including amounts to pay the costs of 02 administering the dividend program and the hold harmless provisions of 03 AS 43.23.075; 04 (4) include a statement that an individual is not eligible for a dividend 05 when 06 (A) during the qualifying year, the individual was convicted of 07 a felony; 08 (B) during all or part of 09 (i) the qualifying year or the year preceding the 10 qualifying year, the individual was incarcerated as a result of the 11 conviction of a felony; or 12 (ii) the qualifying year, the individual was incarcerated 13 as a result of the conviction of a 14 [(i) FELONY; OR 15 (ii)] misdemeanor if the individual has been convicted 16 of a prior felony or two or more prior misdemeanors [CRIMES]; 17 (5) include a statement that the legislative purpose for making 18 individuals listed under (4) of this subsection ineligible is to 19 (A) obtain reimbursement for some of the costs imposed on the 20 state criminal justice system related to incarceration or probation of those 21 individuals; 22 (B) provide funds for services for and payments to crime 23 victims and for grants for the operation of domestic violence and sexual assault 24 programs; 25 (6) disclose the total amount that would have been paid during the 26 previous fiscal year to individuals who were ineligible to receive dividends under 27 AS 43.23.005(d) if they had been eligible; 28 (7) disclose the total amount appropriated for the current fiscal year 29 under (b) of this section for each of the funds and agencies listed in (b) of this section. 30 * Sec. 6. The changes made to AS 33.16.010 and AS 33.20.010 by this Act apply to 31 persons convicted of crimes committed on or after the effective date of this Act.
01 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).