Enrolled SB 85: Relating to the factors that may be considered in making a crime victim compensation award; relating to sentencing and to the earning of good time deductions for certain sexual offenses.
00Enrolled SB 85 01 Relating to the factors that may be considered in making a crime victim compensation award; 02 relating to sentencing and to the earning of good time deductions for certain sexual offenses. 03 _______________ 04 * Section 1. AS 12.55.125(c) is amended to read: 05 (c) Except as provided in (i) of this section, a [A] defendant convicted of a 06 class A felony may be sentenced to a definite term of imprisonment of not more than 07 20 years, and shall be sentenced to the following presumptive terms, subject to 08 adjustment as provided in AS 12.55.155 - 12.55.175: 09 (1) if the offense is a first felony conviction and does not involve 10 circumstances described in (2) of this subsection, five years; 11 (2) if the offense is a first felony conviction 12 (A) other than for manslaughter and the defendant possessed a 13 firearm, used a dangerous instrument, or caused serious physical injury during
01 the commission of the offense, or knowingly directed the conduct constituting 02 the offense at a uniformed or otherwise clearly identified peace officer, fire 03 fighter, correctional employee, emergency medical technician, paramedic, 04 ambulance attendant, or other emergency responder who was engaged in the 05 performance of official duties at the time of the offense, seven years; 06 (B) for manslaughter and the conduct resulting in the 07 conviction was knowingly directed towards a child under the age of 16, seven 08 years; 09 (C) for manslaughter and the conduct resulting in the 10 conviction involved driving while under the influence of an alcoholic 11 beverage, inhalant, or controlled substance, seven years; 12 (3) if the offense is a second felony conviction, 10 years; 13 (4) if the offense is a third felony conviction and the defendant is not 14 subject to sentencing under (l) of this section, 15 years. 15 * Sec. 2. AS 12.55.125(d) is amended to read: 16 (d) Except as provided in (i) of this section, a [A] defendant convicted of a 17 class B felony may be sentenced to a definite term of imprisonment of not more than 18 10 years, and shall be sentenced to the following presumptive terms, subject to 19 adjustment as provided in AS 12.55.155 - 12.55.175: 20 (1) if the offense is a second felony conviction, four years; 21 (2) if the offense is a third felony conviction, six years. 22 [(3) REPEALED] 23 * Sec. 3. AS 12.55.125(e) is amended to read: 24 (e) Except as provided in (i) of this section, a [A] defendant convicted of a 25 class C felony may be sentenced to a definite term of imprisonment of not more than 26 five years, and shall be sentenced to the following presumptive terms, subject to 27 adjustment as provided in AS 12.55.155 - 12.55.175: 28 (1) if the offense is a second felony conviction, two years; 29 (2) if the offense is a third felony conviction, three years; [.] 30 (3) [REPEALED 31 (4)] if the offense is a first felony conviction, and the defendant
01 violated AS 08.54.720(a)(15), one year. 02 * Sec. 4. AS 12.55.125(g) is amended to read: 03 (g) If a defendant is sentenced under (c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3) 04 [(e)(4)], or (i) of this section, except to the extent permitted under AS 12.55.155 - 05 12.55.175, 06 (1) imprisonment may not be suspended under AS 12.55.080; 07 (2) imposition of sentence may not be suspended under AS 12.55.085; 08 (3) terms of imprisonment may not be otherwise reduced. 09 * Sec. 5. AS 12.55.125(i) is amended to read: 10 (i) A defendant convicted of 11 (1) sexual assault in the first degree or sexual abuse of a minor in the 12 first degree may be sentenced to a definite term of imprisonment of not more than 40 13 [30] years [,] and shall be sentenced to the following presumptive terms, subject to 14 adjustment as provided in AS 12.55.155 - 12.55.175: 15 (A) [(1)] if the offense is a first felony conviction and does not 16 involve circumstances described in (B) [(2)] of this paragraph 17 [SUBSECTION], eight years; 18 (B) [(2)] if the offense is a first felony conviction [,] and the 19 defendant possessed a firearm, used a dangerous instrument, or caused serious 20 physical injury during the commission of the offense, 10 years; 21 (C) [(3)] if the offense is a second felony conviction and does 22 not involve circumstances described in (D) of this paragraph, 15 years; 23 (D) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 20 years; 25 (E) [(4)] if the offense is a third felony conviction and the 26 defendant is not subject to sentencing under (F) of this paragraph or (l) of 27 this section, 25 years; 28 (F) if the offense is a third felony conviction, the defendant 29 is not subject to sentencing under (l) of this section, and the defendant has 30 two prior convictions for sexual felonies, 30 years; 31 (2) attempt, conspiracy, or solicitation to commit sexual assault in
01 the first degree or sexual abuse of a minor in the first degree may be sentenced to 02 a definite term of imprisonment of not more than 30 years and shall be sentenced 03 to the following presumptive terms, subject to adjustment as provided in 04 AS 12.55.155 - 12.55.175: 05 (A) if the offense is a first felony conviction and does not 06 involve circumstances described in (B) of this paragraph, five years; 07 (B) if the offense is a first felony conviction, and the 08 defendant possessed a firearm, used a dangerous instrument, or caused 09 serious physical injury during the commission of the offense, 10 years; 10 (C) if the offense is a second felony conviction and does not 11 involve circumstances described in (D) of this paragraph, 10 years; 12 (D) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 15 years; 14 (E) if the offense is a third felony conviction, does not 15 involve circumstances described in (F) of this paragraph, and the 16 defendant is not subject to sentencing under (l) of this section, 15 years; 17 (F) if the offense is a third felony conviction, the defendant 18 is not subject to sentencing under (l) of this section, and the defendant has 19 two prior convictions for sexual felonies, 20 years; 20 (3) sexual assault in the second degree, sexual abuse of a minor in 21 the second degree, unlawful exploitation of a minor, or distribution of child 22 pornography may be sentenced to a definite term of imprisonment of not more 23 than 20 years and shall be sentenced to the following presumptive terms, subject 24 to adjustment as provided in AS 12.55.155 - 12.55.175: 25 (A) if the offense is a second felony conviction and does not 26 involve circumstances described in (B) of this paragraph, five years; 27 (B) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 10 years; 29 (C) if the offense is a third felony conviction, does not 30 involve circumstances described in (D) of this paragraph, 10 years; 31 (D) if the offense is a third felony conviction, and the
01 defendant has two prior convictions for sexual felonies, 15 years; 02 (4) sexual assault in the third degree, incest, indecent exposure in 03 the first degree, possession of child pornography, or attempt, conspiracy, or 04 solicitation to commit sexual assault in the second degree, sexual abuse of a minor 05 in the second degree, unlawful exploitation of a minor, or distribution of child 06 pornography, may be sentenced to a definite term of imprisonment of not more 07 than 10 years and shall be sentenced to the following presumptive terms, subject 08 to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (A) if the offense is a second felony conviction and does not 10 involve circumstances described in (B) of this paragraph, two years; 11 (B) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, three years; 13 (C) if the offense is a third felony conviction and does not 14 involve circumstances described in (D) of this paragraph, three years; 15 (D) if the offense is a third felony conviction and the 16 defendant has two prior convictions for sexual felonies, six years. 17 * Sec. 6. AS 12.55.145(a) is amended to read: 18 (a) For purposes of considering prior convictions in imposing sentence under 19 (1) AS 12.55.125(c), (d)(1), (d)(2), (e)(1), or (e)(2), [OR (i),] 20 (A) a prior conviction may not be considered if a period of 10 21 or more years has elapsed between the date of the defendant's unconditional 22 discharge on the immediately preceding offense and commission of the present 23 offense unless the prior conviction was for an unclassified or class A felony; 24 (B) a conviction in this or another jurisdiction of an offense 25 having elements similar to those of a felony defined as such under Alaska law 26 at the time the offense was committed is considered a prior felony conviction; 27 (C) two or more convictions arising out of a single, continuous 28 criminal episode during which there was no substantial change in the nature of 29 the criminal objective are considered a single conviction unless the defendant 30 was sentenced to consecutive sentences for the crimes; offenses committed 31 while attempting to escape or avoid detection or apprehension after the
01 commission of another offense are not part of the same criminal episode or 02 objective; 03 (2) AS 12.55.125(l), 04 (A) a conviction in this or another jurisdiction of an offense 05 having elements similar to those of a most serious felony is considered a prior 06 most serious felony conviction; 07 (B) commission of and conviction for offenses relied on as 08 prior most serious felony offenses must occur in the following order: 09 conviction for the first offense must occur before commission of the second 10 offense, and conviction for the second offense must occur before commission 11 of the offense for which the defendant is being sentenced; 12 (3) AS 12.55.135(g), 13 (A) a prior conviction may not be considered if a period of five 14 or more years has elapsed between the date of the defendant's unconditional 15 discharge on the immediately preceding offense and commission of the present 16 offense unless the prior conviction was for an unclassified or class A felony; 17 (B) a conviction in this or another jurisdiction of an offense 18 having elements similar to those of a crime against a person or a crime 19 involving domestic violence is considered a prior conviction; 20 (C) two or more convictions arising out of a single, continuous 21 criminal episode during which there was no substantial change in the nature of 22 the criminal objective are considered a single conviction unless the defendant 23 was sentenced to consecutive sentences for the crimes; offenses committed 24 while attempting to escape or avoid detection or apprehension after the 25 commission of another offense are not part of the same criminal episode or 26 objective; 27 (4) AS 12.55.125(i), 28 (A) a conviction in this or another jurisdiction of an offense 29 having elements similar to those of a sexual felony is a prior conviction for 30 a sexual felony; 31 (B) a felony conviction in another jurisdiction making it a
01 crime to commit any lewd and lascivious act upon a child under the age of 02 16 years, with the intent of arousing, appealing to, or gratifying the sexual 03 desires of the defendant or the victim is a prior conviction for a sexual 04 felony; 05 (C) two or more convictions arising out of a single, 06 continuous criminal episode during which there was no substantial change 07 in the nature of the criminal objective are considered a single conviction 08 unless the defendant was sentenced to consecutive sentences for the 09 crimes; offenses committed while attempting to escape or avoid detection 10 or apprehension after the commission of another offense are not part of 11 the same criminal episode or objective. 12 * Sec. 7. AS 12.55.155(a) is amended to read: 13 (a) If a defendant is convicted of an offense and is subject to sentencing under 14 AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3) [(e)(4)], or (i) and 15 (1) the presumptive term is four years or less, the court may decrease 16 the presumptive term by an amount as great as the presumptive term for factors in 17 mitigation or may increase the presumptive term up to the maximum term of 18 imprisonment for factors in aggravation; 19 (2) the presumptive term of imprisonment is more than four years, the 20 court may decrease the presumptive term by an amount as great as 50 percent of the 21 presumptive term for factors in mitigation or may increase the presumptive term up to 22 the maximum term of imprisonment for factors in aggravation. 23 * Sec. 8. AS 12.55.165(a) is amended to read: 24 (a) If the defendant is subject to sentencing under AS 12.55.125(c), (d)(1), 25 (d)(2), (e)(1), (e)(2), (e)(3) [(e)(4)], or (i) and the court finds by clear and convincing 26 evidence that manifest injustice would result from failure to consider relevant 27 aggravating or mitigating factors not specifically included in AS 12.55.155 or from 28 imposition of the presumptive term, whether or not adjusted for aggravating or 29 mitigating factors, the court shall enter findings and conclusions and cause a record of 30 the proceedings to be transmitted to a three-judge panel for sentencing under 31 AS 12.55.175.
01 * Sec. 9. AS 12.55.185 is amended by adding a new paragraph to read: 02 (17) "sexual felony" means sexual assault in the first degree, sexual 03 abuse of a minor in the first degree, sexual assault in the second degree, sexual abuse 04 of a minor in the second degree, unlawful exploitation of a minor, distribution of child 05 pornography, sexual assault in the third degree, incest, indecent exposure in the first 06 degree, possession of child pornography, and felony attempt, conspiracy, or 07 solicitation to commit those crimes. 08 * Sec. 10. AS 18.67.080(c) is amended to read: 09 (c) In determining whether to make an order under this section, the board shall 10 consider all circumstances determined to be relevant, including provocation, consent, 11 or any other behavior of the victim that directly or indirectly contributed to the 12 victim's injury or death, the prior case or social history, if any, of the victim, the 13 victim's need for financial aid, and any other relevant matters. In applying this 14 subsection, 15 (1) the board may not deny an order based on the factors in this 16 subsection, unless those factors relate significantly to the occurrence that caused 17 the victimization and are of such a nature and quality that a reasonable or 18 prudent person would know that the factors or actions could lead to the crime 19 and the victimization; 20 (2) with regard to circumstances in which the victim consented to, 21 provoked, or incited the criminal act, the board may consider those 22 circumstances only if the board finds that it is more probable than not that those 23 circumstances occurred and were the cause of the crime and the victimization; 24 (3) the board may deny an order based on the victim's involvement 25 with illegal drugs, only if 26 (A) the victim was involved in the manufacture or delivery 27 of a controlled substance at the time of the crime or the crime and 28 victimization was a direct result of the prior manufacture or delivery of a 29 controlled substance; the evidence of this manufacture or delivery must be 30 corroborated by law enforcement or other credible sources; and 31 (B) the evidence shows a direct correlation linking the
01 illegal activity and the crime and victimization; or 02 (4) if a claim is based on a crime involving domestic violence or on 03 a crime of sexual abuse of a minor or sexual assault and the offender is 04 (A) convicted of one of those crimes, notwithstanding (1) - 05 (3) of this subsection, the board may not deny an order based on 06 considerations of provocation, the use of alcohol or drugs by the victim, or 07 the prior social history of the victim; or 08 (B) not convicted of one of those crimes, the board may not 09 deny an order based on the involvement or behavior of the victim. 10 * Sec. 11. AS 33.20.010(a) is amended to read: 11 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 12 convicted of an offense against the state or a political subdivision of the state and 13 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 14 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 15 follows the rules of the correctional facility in which the prisoner is confined. A 16 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 17 [TO A] 18 (1) to a mandatory 99-year term of imprisonment under 19 AS 12.55.125(a) after June 27, 1996; [OR] 20 (2) to a definite term under AS 12.55.125(l); or 21 (3) for a sexual felony under AS 12.55.125(i) and has one or more 22 prior sexual felony convictions as determined under AS 12.55.145(a)(4). 23 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. (a) The changes made to AS 12.55.125 and 12.55.145 by this Act 26 apply to sentencings for offenses committed on or after the effective date of this Act. All 27 references to prior or previous convictions in AS 12.55.125 and 12.55.145, as amended by 28 this Act, apply to convictions occurring before, on, or after the effective date of this Act. 29 (b) The changes made to the earning of good time deductions under AS 33.20.010 30 apply to offenses occurring on or after the effective date of this Act. References to prior 31 convictions under AS 33.20.010(a) apply to offenses occurring before, on, or after the
01 effective date of this Act.