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SB 56: "An Act relating to criminal law and procedure, criminal sentences, and probation and parole; and providing for an effective date."

00                             SENATE BILL NO. 56                                                                          
01 "An Act relating to criminal law and procedure, criminal sentences, and probation and                                   
02 parole; and providing for an effective date."                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.40.100 is amended by adding a new subsection to read:                                          
05            (c)  An indictment that complies with this section and with applicable rules                                 
06       adopted by the supreme court, is valid and need not specify aggravating factors set out                           
07       in AS 12.55.155.                                                                                                  
08    * Sec. 2.  AS 12.55.015(a) is amended to read:                                                                     
09            (a)  Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing                                   
10       sentence on a defendant convicted of an offense, may singly or in combination                                     
11                 (1)  impose a                                                                                           
12                      (A)  fine when authorized by law and as provided in                                                
13            AS 12.55.035; or                                                                                             
14                      (B)  day fine when authorized by law and as provided in                                            
01            AS 12.55.036 if the court does not impose a term of periodic or continuous                                   
02            imprisonment or place the defendant on probation;                                                            
03                 (2)  order the defendant to be placed on probation under conditions                                     
04       specified by the court that may include provision for active supervision;                                         
05                 (3)  impose a definite term of periodic imprisonment, but only if an                                
06       employment obligation of the defendant preexisted sentencing and continuous                                   
07       incarceration would cause extreme hardship to the defendant's ability to pay                                  
08       fines or restitution;                                                                                         
09                 (4)  impose a definite term of continuous imprisonment;                                                 
10                 (5)  order the defendant to make restitution under AS 12.55.045;                                        
11                 (6)  order the defendant to carry out a continuous or periodic program                                  
12       of community work under AS 12.55.055;                                                                             
13                 (7)  suspend execution of all or a portion of the sentence imposed under                                
14       AS 12.55.080;                                                                                                     
15                 (8)  suspend imposition of sentence under AS 12.55.085;                                                 
16                 (9)  order the forfeiture to the commissioner of public safety or a                                     
17       municipal law enforcement agency of a deadly weapon that was in the actual                                        
18       possession of or used by the defendant during the commission of an offense described                              
19       in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;                                                                     
20                 (10)  order the defendant, while incarcerated, to participate in or                                     
21       comply with the treatment plan of a rehabilitation program that is related to the                                 
22       defendant's offense or to the defendant's rehabilitation if the program is made available                         
23       to the defendant by the Department of Corrections;                                                                
24                 (11)  order the forfeiture to the state of a motor vehicle, weapon,                                     
25       electronic communication device, or money or other valuables, used in or obtained                                 
26       through an offense that was committed for the benefit of, at the direction of, or in                              
27       association with a criminal street gang;                                                                          
28                 (12)  order the defendant to have no contact, either directly or                                        
29       indirectly, with a victim or witness of the offense until the defendant is                                        
30       unconditionally discharged.                                                                                       
31    * Sec. 3.  AS 12.55.025(i) is amended to read:                                                                     
01            (i)  Except as provided by AS 12.55.125(a)(3), [12.55.125(k),] 12.55.145(d),                                 
02       12.55.155(f), and 12.55.165, the preponderance of the evidence standard of proof                                  
03       applies to sentencing proceedings.                                                                                
04    * Sec. 4.  AS 12.55.055(d) is amended to read:                                                                     
05            (d)  The court may offer a defendant convicted of an offense the option of                                   
06       performing community work in lieu of a sentence of imprisonment. Substitution of                                  
07       community work shall be at a rate of eight hours for each day of imprisonment.  A                                 
08       court may not offer substitution of community work for any mandatory minimum                                      
09       period of imprisonment or for any period within the [OF A] presumptive range                              
10       [TERM] of imprisonment for the offense.                                                                       
11    * Sec. 5.  AS 12.55.088(c) is amended to read:                                                                     
12            (c)  A [NO] sentence may not be reduced or modified so as to result in a term                        
13       of imprisonment that [WHICH] is less than the minimum [OR PRESUMPTIVE]                                        
14       sentence or within the presumptive range required by law for the original sentence.                           
15    * Sec. 6.  AS 12.55.100(a) is amended to read:                                                                     
16            (a)  While on probation and among the conditions of probation, the defendant                                 
17       may be required                                                                                                   
18                 (1)  to pay a fine in one or several sums;                                                              
19                 (2)  to make restitution or reparation to aggrieved parties for actual                                  
20       damages or loss caused by the crime for which conviction was had, including                                       
21       compensation to a victim that is a nonprofit organization for the value of labor or                               
22       goods provided by volunteers if the labor or goods were necessary to alleviate or                                 
23       mitigate the effects of the defendant's crime;                                                                    
24                 (3)  to provide for the support of any persons for whose support the                                    
25       defendant is legally responsible;                                                                                 
26                 (4)  to perform community work in accordance with AS 12.55.055;                                         
27                 (5)  to participate in or comply with the treatment plan of an inpatient                                
28       or outpatient rehabilitation program specified by either the court or the defendant's                             
29       probation officer that is related to the defendant's offense or to the defendant's                                
30       rehabilitation; [AND]                                                                                             
31                 (6)  to satisfy the screening, evaluation, referral, and program                                        
01       requirements of an agency authorized by the court to make referrals for rehabilitative                            
02       treatment or to provide rehabilitative treatment; and                                                         
03                 (7)  if ordered by the court, to abide by additional conditions of                                  
04       probation imposed by the defendant's probation officer; an additional condition                               
05       imposed by the probation officer must be provided in writing to the defendant;                                
06       the additional condition is binding upon delivery until modified by the court; this                           
07       paragraph does not require written notice of conditions relating to the day-to-day                            
08       management of probationers, in which probation officers direct the activities of                              
09       probationers to implement existing court-imposed conditions.                                                  
10    * Sec. 7.  AS 12.55.120 is amended by adding a new subsection to read:                                             
11            (e)  A sentence reviewed by the appellate court under this section and                                       
12       AS 22.07.020, or by the superior court under AS 22.10.020, or a sentence reviewed by                              
13       petition accepted under court rules, may not be reversed as excessive, and the                                    
14       sentencing court is not required to make specific findings, if the sentence is within an                          
15       applicable presumptive range set out in AS 12.55.125, or is a consecutive or partially                            
16       consecutive sentence imposed in accordance with the minimum sentences set out in                                  
17       AS 12.55.127.                                                                                                     
18    * Sec. 8.  AS 12.55.125(c) is amended to read:                                                                     
19            (c)  Except as provided in (i) of this section, a defendant convicted of a class A                           
20       felony may be sentenced to a definite term of imprisonment of not more than 20 years,                             
21       and shall be sentenced to a definite term within the following presumptive ranges                         
22       [TERMS], subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                           
23                 (1)  if the offense is a first felony conviction and does not involve                                   
24       circumstances described in (2) of this subsection, five to eight [FIVE] years;                                
25                 (2)  if the offense is a first felony conviction                                                        
26                      [(A)  OTHER THAN FOR MANSLAUGHTER] and the                                                         
27            defendant possessed a firearm, used a dangerous instrument, or caused serious                                
28            physical injury or death during the commission of the offense, or knowingly                              
29            directed the conduct constituting the offense at a uniformed or otherwise                                    
30            clearly identified peace officer, fire fighter, correctional employee, emergency                             
31            medical technician, paramedic, ambulance attendant, or other emergency                                       
01            responder who was engaged in the performance of official duties at the time of                               
02            the offense, seven to eleven [SEVEN] years;                                                              
03                      [(B)  FOR MANSLAUGHTER AND THE CONDUCT                                                             
04            RESULTING IN THE CONVICTION WAS KNOWINGLY DIRECTED                                                           
05            TOWARDS A CHILD UNDER THE AGE OF 16, SEVEN YEARS;                                                            
06                      (C)  FOR MANSLAUGHTER AND THE CONDUCT                                                              
07            RESULTING IN THE CONVICTION INVOLVED DRIVING WHILE                                                           
08            UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE,                                                                
09            INHALANT, OR CONTROLLED SUBSTANCE, SEVEN YEARS;]                                                             
10                 (3)  if the offense is a second felony conviction, 10 to 14 [10] years;                             
11                 (4)  if the offense is a third felony conviction and the defendant is not                               
12       subject to sentencing under (l) of this section, 15 to 20 [15] years.                                         
13    * Sec. 9.  AS 12.55.125(d) is amended to read:                                                                     
14            (d)  Except as provided in (i) of this section, a defendant convicted of a class B                           
15       felony may be sentenced to a definite term of imprisonment of not more than 10 years,                             
16       and shall be sentenced to a definite term within the following presumptive ranges                         
17       [TERMS], subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                           
18                 (1)  if the offense is a first felony conviction and does not involve                               
19       circumstances described in (2) of this subsection, one to three years;                                        
20                 (2)  if the offense is a first felony conviction, the defendant violated                            
21       AS 11.41.130, and the victim was a child under 16 years of age, two to four years;                            
22                 (3)  if the offense is a second felony conviction, four to seven [FOUR]                         
23       years;                                                                                                            
24                 (4) [(2)]  if the offense is a third felony conviction, six to ten [SIX]                        
25       years.                                                                                                            
26    * Sec. 10.  AS 12.55.125(e) is amended to read:                                                                    
27            (e)  Except as provided in (i) of this section, a defendant convicted of a class C                           
28       felony may be sentenced to a definite term of imprisonment of not more than five                                  
29       years, and shall be sentenced to a definite term within the following presumptive                             
30       ranges [TERMS], subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
31                 (1)  if the offense is a first felony conviction and does not involve                               
01       circumstances described in (4) of this subsection, zero to two years;                                         
02                 (2)  if the offense is a second felony conviction, two to four [TWO]                            
03       years;                                                                                                            
04                 (3) [(2)]  if the offense is a third felony conviction,  three to five                          
05       [THREE] years;                                                                                                    
06                 (4) [(3)]  if the offense is a first felony conviction, and the defendant                           
07       violated AS 08.54.720(a)(15), one to two years [ONE YEAR].                                                    
08    * Sec. 11.  AS 12.55.125(g) is amended to read:                                                                  
09            (g)  If a defendant is sentenced under (c), (d), (e) [(d)(1), (d)(2), (e)(1), (e)(2),                    
10       (e)(3)], or (i) of this section, except to the extent permitted under AS 12.55.155 -                              
11       12.55.175,                                                                                                        
12                 (1)  imprisonment may not be suspended under AS 12.55.080;                                              
13                 (2)  imposition of sentence may not be suspended under AS 12.55.085;                                    
14                 (3)  terms of imprisonment may not be otherwise reduced.                                                
15    * Sec. 12.  AS 12.55.125(i) is amended to read:                                                                    
16            (i)  A defendant convicted of                                                                                
17                 (1)  sexual assault in the first degree or sexual abuse of a minor in the                               
18       first degree may be sentenced to a definite term of imprisonment of not more than 40                              
19       years and shall be sentenced to a definite term within the following presumptive                              
20       ranges [TERMS], subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
21                      (A)  if the offense is a first felony conviction and does not                                      
22            involve circumstances described in (B) of this paragraph, eight to twelve                                
23            [EIGHT] years;                                                                                               
24                      (B)  if the offense is a first felony conviction and the defendant                                 
25            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
26            injury during the commission of the offense, 12 to 16 [10] years;                                        
27                      (C)  if the offense is a second felony conviction and does not                                     
28            involve circumstances described in (D) of this paragraph, 15 to 20 [15] years;                           
29                      (D)  if the offense is a second felony conviction and the                                          
30            defendant has a prior conviction for a sexual felony, 20 to 30 [20] years;                               
31                      (E)  if the offense is a third felony conviction and the defendant                                 
01            is not subject to sentencing under (F) of this paragraph or (l) of this section, 25                      
02            to 35 [25] years;                                                                                        
03                      (F)  if the offense is a third felony conviction, the defendant is                                 
04            not subject to sentencing under (l) of this section, and the defendant has two                               
05            prior convictions for sexual felonies, 30 to 40 [30] years;                                              
06                 (2)  attempt, conspiracy, or solicitation to commit sexual assault in the                               
07       first degree or sexual abuse of a minor in the first degree may be sentenced to a                                 
08       definite term of imprisonment of not more than 30 years and shall be sentenced to a                           
09       definite term within the following presumptive ranges [TERMS], subject to                                 
10       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
11                      (A)  if the offense is a first felony conviction and does not                                      
12            involve circumstances described in (B) of this paragraph, five to eight [FIVE]                           
13            years;                                                                                                       
14                      (B)  if the offense is a first felony conviction, and the defendant                                
15            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
16            injury during the commission of the offense, 10 to 14 [10] years;                                        
17                      (C)  if the offense is a second felony conviction and does not                                     
18            involve circumstances described in (D) of this paragraph, 12 to 16 [10] years;                           
19                      (D)  if the offense is a second felony conviction and the                                          
20            defendant has a prior conviction for a sexual felony, 15 to 20 [15] years;                               
21                      (E)  if the offense is a third felony conviction, does not involve                                 
22            circumstances described in (F) of this paragraph, and the defendant is not                                   
23            subject to sentencing under (l) of this section, 15 to 25 [15] years;                                    
24                      (F)  if the offense is a third felony conviction, the defendant is                                 
25            not subject to sentencing under (l) of this section, and the defendant has two                               
26            prior convictions for sexual felonies, 20 to 30 [20] years;                                              
27                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
28       second degree, unlawful exploitation of a minor, or distribution of child pornography                             
29       may be sentenced to a definite term of imprisonment of not more than 20 years and                                 
30       shall be sentenced to a definite term within the following presumptive ranges                             
31       [TERMS], subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                           
01                      (A)  if the offense is a first felony conviction, two to four                                  
02            years;                                                                                                   
03                      (B)  if the offense is a second felony conviction and does not                                 
04            involve circumstances described in (C) [(B)] of this paragraph, five to eight                        
05            [FIVE] years;                                                                                                
06                      (C) [(B)]  if the offense is a second felony conviction and the                                
07            defendant has a prior conviction for a sexual felony, 10 to 14 [10] years;                               
08                      (D) [(C)]  if the offense is a third felony conviction, does not                               
09            involve circumstances described in (E) [(D)] of this paragraph, 10 to 14 [10]                        
10            years;                                                                                                       
11                      (E) [(D)]  if the offense is a third felony conviction, and the                                
12            defendant has two prior convictions for sexual felonies, 15 to 20 [15] years;                            
13                 (4)  sexual assault in the third degree, incest, indecent exposure in the                               
14       first degree, possession of child pornography, or attempt, conspiracy, or solicitation to                         
15       commit sexual assault in the second degree, sexual abuse of a minor in the second                                 
16       degree, unlawful exploitation of a minor, or distribution of child pornography, may be                            
17       sentenced to a definite term of imprisonment of not more than 10 years and shall be                               
18       sentenced to a definite term within the following presumptive ranges [TERMS],                             
19       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
20                      (A)  if the offense is a first felony conviction, one to two                                   
21            years;                                                                                                   
22                      (B)  if the offense is a second felony conviction and does not                                 
23            involve circumstances described in (C) [(B)] of this paragraph, two to five                          
24            [TWO] years;                                                                                                 
25                      (C) [(B)]  if the offense is a second felony conviction and the                                
26            defendant has a prior conviction for a sexual felony, three to six [THREE]                               
27            years;                                                                                                       
28                      (D) [(C)]  if the offense is a third felony conviction and does not                            
29            involve circumstances described in (E) [(D)] of this paragraph, three to six                         
30            [THREE] years;                                                                                               
31                      (E) [(D)]  if the offense is a third felony conviction and the                                 
01            defendant has two prior convictions for sexual felonies, six to ten [SIX] years.                         
02    * Sec. 13.  AS 12.55.125 is amended by adding a new subsection to read:                                            
03            (n)  In imposing a sentence within a presumptive range under (c), (d), (e), or (i)                           
04       of this section, the total term, made up of the active term of imprisonment plus any                              
05       suspended term of imprisonment, must fall within the presumptive range, and the                                   
06       active term of imprisonment may not fall below the lower end of the presumptive                                   
07       range.                                                                                                            
08    * Sec. 14.  AS 12.55.127(d) is amended by adding a new paragraph to read:                                          
09                 (4)  "presumptive term" means the middle of the applicable                                              
10       presumptive range set out in AS 12.55.125.                                                                        
11    * Sec. 15.  AS 12.55.145(a) is amended to read:                                                                    
12            (a)  For purposes of considering prior convictions in imposing sentence under                                
13                 (1)  AS 12.55.125(c), (d), or (e) [(d)(1), (d)(2), (e)(1), OR (e)(2)],                              
14                      (A)  a prior conviction may not be considered if a period of 10                                    
15            or more years has elapsed between the date of the defendant's unconditional                                  
16            discharge on the immediately preceding offense and commission of the present                                 
17            offense unless the prior conviction was for an unclassified or class A felony;                               
18                      (B)  a conviction in this or another jurisdiction of an offense                                    
19            having elements similar to those of a felony defined as such under Alaska law                                
20            at the time the offense was committed is considered a prior felony conviction;                               
21                      (C)  two or more convictions arising out of a single, continuous                                   
22            criminal episode during which there was no substantial change in the nature of                               
23            the criminal objective are considered a single conviction unless the defendant                               
24            was sentenced to consecutive sentences for the crimes; offenses committed                                    
25            while attempting to escape or avoid detection or apprehension after the                                      
26            commission of another offense are not part of the same criminal episode or                                   
27            objective;                                                                                                   
28                 (2)  AS 12.55.125(l),                                                                                   
29                      (A)  a conviction in this or another jurisdiction of an offense                                    
30            having elements similar to those of a most serious felony is considered a prior                              
31            most serious felony conviction;                                                                              
01                      (B)  commission of and conviction for offenses relied on as                                        
02            prior most serious felony offenses must occur in the following order:                                        
03            conviction for the first offense must occur before commission of the second                                  
04            offense, and conviction for the second offense must occur before commission                                  
05            of the offense for which the defendant is being sentenced;                                                   
06                 (3)  AS 12.55.135(g),                                                                                   
07                      (A)  a prior conviction may not be considered if a period of five                                  
08            or more years has elapsed between the date of the defendant's unconditional                                  
09            discharge on the immediately preceding offense and commission of the present                                 
10            offense unless the prior conviction was for an unclassified or class A felony;                               
11                      (B)  a conviction in this or another jurisdiction of an offense                                    
12            having elements similar to those of a crime against a person or a crime                                      
13            involving domestic violence is considered a prior conviction;                                                
14                      (C)  two or more convictions arising out of a single, continuous                                   
15            criminal episode during which there was no substantial change in the nature of                               
16            the criminal objective are considered a single conviction unless the defendant                               
17            was sentenced to consecutive sentences for the crimes; offenses committed                                    
18            while attempting to escape or avoid detection or apprehension after the                                      
19            commission of another offense are not part of the same criminal episode or                                   
20            objective;                                                                                                   
21                 (4)  AS 12.55.125(i),                                                                                   
22                      (A)  a conviction in this or another jurisdiction of an offense                                    
23            having elements similar to those of a sexual felony is a prior conviction for a                              
24            sexual felony;                                                                                               
25                      (B)  a felony conviction in another jurisdiction making it a                                       
26            crime to commit any lewd and lascivious act upon a child under the age of 16                                 
27            years, with the intent of arousing, appealing to, or gratifying the sexual desires                           
28            of the defendant or the victim is a prior conviction for a sexual felony;                                    
29                      (C)  two or more convictions arising out of a single, continuous                                   
30            criminal episode during which there was no substantial change in the nature of                               
31            the criminal objective are considered a single conviction unless the defendant                               
01            was sentenced to consecutive sentences for the crimes; offenses committed                                    
02            while attempting to escape or avoid detection or apprehension after the                                      
03            commission of another offense are not part of the same criminal episode or                                   
04            objective.                                                                                                   
05    * Sec. 16.  AS 12.55.155(a) is amended to read:                                                                    
06            (a)  Except as provided in (e) of this section, if [IF] a defendant is convicted                         
07       of an offense and is subject to sentencing under AS 12.55.125(c), (d), (e), or (i)                            
08       [AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3), OR (i)] and                                             
09                 (1)  the low end of the presumptive range [TERM] is four years or                               
10       less, the court may impose any sentence below the presumptive range [DECREASE                                 
11       THE PRESUMPTIVE TERM BY AN AMOUNT AS GREAT AS THE                                                                 
12       PRESUMPTIVE TERM] for factors in mitigation or may increase the active term of                                
13       imprisonment [PRESUMPTIVE TERM] up to the maximum term of imprisonment                                        
14       for factors in aggravation;                                                                                       
15                 (2)  the low end of the presumptive range [TERM OF                                              
16       IMPRISONMENT] is more than four years, the court may impose a sentence below                                  
17       the presumptive range as long as the active term of imprisonment is not less than                             
18       50 percent of the low end of the presumptive range [DECREASE THE                                              
19       PRESUMPTIVE TERM BY AN AMOUNT AS GREAT AS 50 PERCENT OF THE                                                       
20       PRESUMPTIVE TERM] for factors in mitigation or may increase the active term of                                
21       imprisonment [PRESUMPTIVE TERM] up to the maximum term of imprisonment                                        
22       for factors in aggravation.                                                                                       
23    * Sec. 17.  AS 12.55.155(b) is amended to read:                                                                    
24            (b)  Sentences [SENTENCE INCREMENTS AND DECREMENTS] under                                                
25       this section that are outside of the presumptive ranges set out in AS 12.55.125                               
26       shall be based on the totality of the aggravating and mitigating factors set out in (c)                           
27       and (d) of this section.                                                                                          
28    * Sec. 18.  AS 12.55.155(c) is amended to read:                                                                    
29            (c)  The following factors shall be considered by the sentencing court if                                
30       proven in accordance with this section, and may allow imposition of a sentence                                
31       above  the presumptive range [AND MAY AGGRAVATE THE PRESUMPTIVE                                               
01       TERMS] set out in AS 12.55.125:                                                                                   
02                 (1)  a person, other than an accomplice, sustained physical injury as a                                 
03       direct result of the defendant's conduct;                                                                         
04                 (2)  the defendant's conduct during the commission of the offense                                       
05       manifested deliberate cruelty to another person;                                                                  
06                 (3)  the defendant was the leader of a group of three or more persons                                   
07       who participated in the offense;                                                                                  
08                 (4)  the defendant employed a dangerous instrument in furtherance of                                    
09       the offense;                                                                                                      
10                 (5)  the defendant knew or reasonably should have known that the                                        
11       victim of the offense was particularly vulnerable or incapable of resistance due to                               
12       advanced age, disability, ill health, or extreme youth or was for any other reason                                
13       substantially incapable of exercising normal physical or mental powers of resistance;                             
14                 (6)  the defendant's conduct created a risk of imminent physical injury                                 
15       to three or more persons, other than accomplices;                                                                 
16                 (7)  a prior felony conviction considered for the purpose of invoking a                             
17       [THE] presumptive range under [TERMS OF] this chapter was of a more serious                                   
18       class of offense than the present offense;                                                                        
19                 (8)  the defendant's prior criminal history includes conduct involving                                  
20       aggravated or repeated instances of assaultive behavior;                                                          
21                 (9)  the defendant knew that the offense involved more than one victim;                                 
22                 (10)  the conduct constituting the offense was among the most serious                                   
23       conduct included in the definition of the offense;                                                                
24                 (11)  the defendant committed the offense under [PURSUANT TO] an                                    
25       agreement that the defendant either pay or be paid for the commission of the offense,                             
26       and the pecuniary incentive was beyond that inherent in the offense itself;                                       
27                 (12)  the defendant was on release under AS 12.30.020 or 12.30.040 for                                  
28       another felony charge or conviction or for a misdemeanor charge or conviction having                              
29       assault as a necessary element;                                                                                   
30                 (13)  the defendant knowingly directed the conduct constituting the                                     
31       offense at an active officer of the court or at an active or former judicial officer,                             
01       prosecuting attorney, law enforcement officer, correctional employee, fire fighter,                               
02       emergency medical technician, paramedic, ambulance attendant, or other emergency                                  
03       responder during or because of the exercise of official duties;                                                   
04                 (14)  the defendant was a member of an organized group of five or                                       
05       more persons, and the offense was committed to further the criminal objectives of the                             
06       group;                                                                                                            
07                 (15)  the defendant has three or more prior felony convictions;                                         
08                 (16)  the defendant's criminal conduct was designed to obtain                                           
09       substantial pecuniary gain and the risk of prosecution and punishment for the conduct                             
10       is slight;                                                                                                        
11                 (17)  the offense was one of a continuing series of criminal offenses                                   
12       committed in furtherance of illegal business activities from which the defendant                                  
13       derives a major portion of the defendant's income;                                                                
14                 (18)  the offense was a felony                                                                          
15                      (A)  specified in AS 11.41 and was committed against a spouse,                                     
16            a former spouse, or a member of the social unit made up of [COMPRISED                                    
17            OF] those living together in the same dwelling as the defendant;                                             
18                      (B)  specified in AS 11.41.410 - 11.41.458 and the defendant                                       
19            has engaged in the same or other conduct prohibited by a provision of                                        
20            AS 11.41.410 - 11.41.460 involving the same or another victim; or                                            
21                      (C)  specified in AS 11.41 that is a crime involving domestic                                      
22            violence and was committed in the physical presence or hearing of a child                                    
23            under 16 years of age who was, at the time of the offense, living within the                                 
24            residence of the victim, the residence of the perpetrator, or the residence where                            
25            the crime involving domestic violence occurred;                                                              
26                 (19)  the defendant's prior criminal history includes an adjudication as a                              
27       delinquent for conduct that would have been a felony if committed by an adult;                                    
28                 (20)  the defendant was on furlough under AS 33.30 or on parole or                                      
29       probation for another felony charge or conviction that would be considered a prior                                
30       felony conviction under AS 12.55.145(a)(1)(B);                                                                    
31                 (21)  the defendant has a criminal history of repeated instances of                                     
01       conduct violative of criminal laws, whether punishable as felonies or misdemeanors,                               
02       similar in nature to the offense for which the defendant is being sentenced under this                            
03       section;                                                                                                          
04                 (22)  the defendant knowingly directed the conduct constituting the                                     
05       offense at a victim because of that person's race, sex, color, creed, physical or mental                          
06       disability, ancestry, or national origin;                                                                         
07                 (23)  the defendant is convicted of an offense specified in AS 11.71 and                                
08                      (A)  the offense involved the delivery of a controlled substance                                   
09            under circumstances manifesting an intent to distribute the substance as part of                             
10            a commercial enterprise; or                                                                                  
11                      (B)  at the time of the conduct resulting in the conviction, the                                   
12            defendant was caring for or assisting in the care of a child under 10 years of                               
13            age;                                                                                                         
14                 (24)  the defendant is convicted of an offense specified in AS 11.71 and                                
15       the offense involved the transportation of controlled substances into the state;                                  
16                 (25)  the defendant is convicted of an offense specified in AS 11.71 and                                
17       the offense involved large quantities of a controlled substance;                                                  
18                 (26)  the defendant is convicted of an offense specified in AS 11.71 and                                
19       the offense involved the distribution of a controlled substance that had been                                     
20       adulterated with a toxic substance;                                                                               
21                 (27)  the defendant, being 18 years of age or older,                                                    
22                      (A)  is legally accountable under AS 11.16.110(2) for the                                          
23            conduct of a person who, at the time the offense was committed, was under 18                                 
24            years of age and at least three years younger than the defendant; or                                         
25                      (B)  is aided or abetted in planning or committing the offense by                                  
26            a person who, at the time the offense was committed, was under 18 years of                                   
27            age and at least three years younger than the defendant;                                                     
28                 (28)  the victim of the offense is a person who provided testimony or                                   
29       evidence related to a prior offense committed by the defendant;                                                   
30                 (29)  the defendant committed the offense for the benefit of, at the                                    
31       direction of, or in association with a criminal street gang;                                                      
01                 (30)  the defendant is convicted of an offense specified in AS 11.41.410                                
02       - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to                            
03       the victim in furtherance of the offense with the intent to make the victim                                       
04       incapacitated; in this paragraph, "incapacitated" has the meaning given in                                        
05       AS 11.41.470;                                                                                                 
06                 (31)  the defendant's prior criminal history includes convictions for                               
07       five or more crimes in this or another jurisdiction that are class A misdemeanors                             
08       under the law of this state, or having elements similar to a class A misdemeanor;                             
09       two or more convictions arising out of a single continuous episode are considered                             
10       a single conviction; however, an offense is not a part of a continuous episode if                             
11       committed while attempting to escape or resist arrest or if it is an assault upon a                           
12       uniformed or otherwise clearly identified peace officer; notice and denial of                                 
13       convictions are governed by AS 12.55.145(b), (c), and (d).                                                    
14    * Sec. 19.  AS 12.55.155(d) is amended to read:                                                                    
15            (d)  The following factors shall be considered by the sentencing court if                                
16       proven in accordance with this section, and may allow imposition of a sentence                                
17       below the presumptive range [AND MAY MITIGATE THE PRESUMPTIVE                                                 
18       TERMS] set out in AS 12.55.125:                                                                                   
19                 (1)  the offense was principally accomplished by another person, and                                    
20       the defendant manifested extreme caution or sincere concern for the safety or well-                               
21       being of the victim;                                                                                              
22                 (2)  the defendant, although an accomplice, played only a minor role in                                 
23       the commission of the offense;                                                                                    
24                 (3)  the defendant committed the offense under some degree of duress,                                   
25       coercion, threat, or compulsion insufficient to constitute a complete defense, but that                       
26       [WHICH] significantly affected the defendant's conduct;                                                           
27                 (4)  the conduct of a youthful defendant was substantially influenced by                                
28       another person more mature than the defendant;                                                                    
29                 (5)  the conduct of an aged defendant was substantially a product of                                    
30       physical or mental infirmities resulting from the defendant's age;                                                
31                 (6)  in a conviction for assault under AS 11.41.200 - 11.41.220, the                                    
01       defendant acted with serious provocation from the victim;                                                         
02                 (7)  except in the case of a crime defined by AS 11.41.410 - 11.41.470,                                 
03       the victim provoked the crime to a significant degree;                                                            
04                 (8)  [REPEALED                                                                                          
05                 (9)]  the conduct constituting the offense was among the least serious                                  
06       conduct included in the definition of the offense;                                                                
07                 (9) [(10)]  before the defendant knew that the criminal conduct had                                 
08       been discovered, the defendant fully compensated or made a good faith effort to fully                             
09       compensate the victim of the defendant's criminal conduct for any damage or injury                                
10       sustained;                                                                                                        
11                 (10) [(11)]  the defendant was motivated to commit the offense solely                               
12       by an overwhelming compulsion to provide for emergency necessities for the                                        
13       defendant's immediate family;                                                                                     
14                 (11) [(12)]  the defendant assisted authorities to detect, apprehend, or                            
15       prosecute other persons who committed an offense;                                                                 
16                 (12) [(13)]  the facts surrounding the commission of the offense and                                
17       any previous offenses by the defendant establish that the harm caused by the                                      
18       defendant's conduct is consistently minor and inconsistent with the imposition of a                               
19       substantial period of imprisonment;                                                                               
20                 (13) [(14)]  the defendant is convicted of an offense specified in                                  
21       AS 11.71 and the offense involved small quantities of a controlled substance;                                     
22                 (14) [(15)]  the defendant is convicted of an offense specified in                                  
23       AS 11.71 and the offense involved the distribution of a controlled substance, other                               
24       than a schedule IA controlled substance, to a personal acquaintance who is 19 years of                            
25       age or older for no profit;                                                                                       
26                 (15) [(16)]  the defendant is convicted of an offense specified in                                  
27       AS 11.71 and the offense involved the possession of a small amount of a controlled                                
28       substance for personal use in the defendant's home;                                                               
29                 (16) [(17)]  in a conviction for assault or attempted assault or for                                
30       homicide or attempted homicide, the defendant acted in response to domestic violence                              
31       perpetrated by the victim against the defendant and the domestic violence consisted of                            
01       aggravated or repeated instances of assaultive behavior.                                                          
02    * Sec. 20.  AS 12.55.155(e) is amended to read:                                                                    
03            (e)  If a factor in aggravation is a necessary element of the present offense, or                            
04       requires the imposition of a sentence within the presumptive range [TERM] under                           
05       AS 12.55.125(c)(2), that factor may not be used to impose a sentence above the high                           
06       end of [AGGRAVATE] the presumptive range [TERM]. If a factor in mitigation is                             
07       raised at trial as a defense reducing the offense charged to a lesser included offense,                           
08       that factor may not be used to impose a sentence below the low end of [MITIGATE]                              
09       the presumptive range [TERM].                                                                                 
10    * Sec. 21.  AS 12.55.155(f) is amended to read:                                                                    
11            (f)  If the state seeks to establish a factor in aggravation at sentencing                                   
12                 (1)  under (c)(7), (8), (12), (15), (19), (20), (21), or (31) of this                               
13       section, or if the defendant seeks to establish a factor in mitigation at sentencing,                         
14       written notice must be served on the opposing party and filed with the court not later                            
15       than 10 days before the date set for imposition of sentence; the factors [. FACTORS]                          
16       in aggravation listed in this paragraph, and factors in mitigation must be established                        
17       by clear and convincing evidence before the court sitting without a jury; all [.  ALL]                        
18       findings must be set out with specificity;                                                                    
19                 (2)  other than one listed in (1) of this subsection, the factor shall be                           
20       presented to a trial jury under procedures set by the court, unless the defendant                             
21       waives trail by jury, stipulates to the existence of the factor, or consents to have                          
22       the factor proven under procedures set out in (1) of this subsection; a factor in                             
23       aggravation presented to a jury is established if proved beyond a reasonable                                  
24       doubt; written notice of the intent to establish a factor in aggravation must be                              
25       served on the defendant and filed with the court                                                              
26                      (A)  10 days before trial, or at another time specified by the                                 
27            court;                                                                                                   
28                      (B)  within 48 hours, or at a time specified by the court, if                                  
29            the court instructs the jury about the option to return a verdict for a lesser                           
30            included offense; or                                                                                     
31                      (C)  five days before entering a plea that results in a finding                                
01            of guilt, or at another time specified by the court.                                                     
02    * Sec. 22.  AS 12.55.165(a) is amended to read:                                                                    
03            (a)  If the defendant is subject to sentencing under AS 12.55.125(c), (d), (e), or                       
04       (i) [AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(3), OR (i)] and the court finds by                  
05       clear and convincing evidence that manifest injustice would result from failure to                                
06       consider relevant aggravating or mitigating factors not specifically included in                                  
07       AS 12.55.155 or from imposition of a sentence within the presumptive range                                
08       [TERM], whether or not adjusted for aggravating or mitigating factors, the court shall                            
09       enter findings and conclusions and cause a record of the proceedings to be transmitted                            
10       to a three-judge panel for sentencing under AS 12.55.175.                                                         
11    * Sec. 23.  AS 12.55.175(b) is amended to read:                                                                    
12            (b)  Upon receipt of a record of proceedings under AS 12.55.165, the three-                                  
13       judge panel shall consider all pertinent files, records, and transcripts, including the                           
14       findings and conclusions of the judge who originally heard the matter. The panel may                              
15       hear oral testimony to supplement the record before it. If the panel supplements the                              
16       record, the panel shall permit the victim to testify before the panel. If the panel finds                         
17       that manifest injustice would result from failure to consider relevant aggravating or                             
18       mitigating factors not specifically included in AS 12.55.155 or from imposition of a                          
19       sentence within the presumptive range [TERM], whether or not adjusted for                                 
20       aggravating or mitigating factors, it shall sentence the defendant in accordance with                             
21       this section. If the panel does not find that manifest injustice would result, it shall                           
22       remand the case to the sentencing court, with a written statement of its findings and                             
23       conclusions, for sentencing under AS 12.55.125.                                                                   
24    * Sec. 24.  AS 12.55.175(e) is amended to read:                                                                    
25            (e)  If the three-judge panel determines under (b) of this section that manifest                             
26       injustice would result from imposition of a sentence within the presumptive range                         
27       [TERM] and the panel also finds that the defendant has an exceptional potential for                               
28       rehabilitation and that a sentence of less than the presumptive range [TERM] should                           
29       be imposed because of the defendant's exceptional potential for rehabilitation, the                               
30       panel                                                                                                             
31                 (1)  shall sentence the defendant within [TO] the presumptive range                             
01       [TERM] required under AS 12.55.125 or as permitted under AS 12.55.155;                                        
02                 (2)  shall order the defendant under AS 12.55.015 to engage in                                          
03       appropriate programs of rehabilitation; and                                                                       
04                 (3)  may provide that the defendant is eligible for discretionary parole                                
05       under AS 33.16.090 during the second half of the sentence imposed under this                                      
06       subsection if the defendant successfully completes all rehabilitation programs ordered                            
07       under (2) of this subsection.                                                                                     
08    * Sec. 25.  AS 12.55.185 is amended by adding a new paragraph to read:                                             
09                 (18)  "active term of imprisonment" has the meaning given in                                            
10       AS 12.55.127.                                                                                                     
11    * Sec. 26.  AS 33.05.070 is amended by adding new subsections to read:                                             
12            (c)  At any time within the probation period, a police officer certified by the                              
13       Alaska Police Standards Council may detain a probationer if the police officer has                                
14       reasonable suspicion that the probationer has recently violated or may imminently                                 
15       violate a probation condition relating to one of the topics set out in (d) of this section.                       
16       The police officer may also arrest the probationer without a warrant if the police                                
17       officer has probable cause to believe that the probationer has violated a probation                               
18       condition relating to one of the topics set out in (d) of this section.                                           
19            (d)  The conditions that permit a police officer to detain or arrest a probationer                           
20       or parolee without a warrant under AS 33.16.240 and (c) of this section are those                                 
21       conditions imposed by the court, or the parole board, relating to                                                 
22                 (1)  geographic limitations on the probationer's movements;                                             
23                 (2)  possessing or consuming controlled substances under state or                                       
24       federal law;                                                                                                      
25                 (3)  possessing firearms;                                                                               
26                 (4)  possessing or consuming alcoholic beverages, or being in a place                                   
27       where they are sold or served;                                                                                    
28                 (5)  operating or driving a motor vehicle; or                                                           
29                 (6)  other conduct that creates an imminent public danger or threatens                                  
30       serious harm to persons or property.                                                                              
31    * Sec. 27.  AS 33.16.085(a) is amended to read:                                                                    
01            (a)  Notwithstanding a presumptive, mandatory, or mandatory minimum term                                     
02       or sentence a prisoner may be serving or any restriction on parole eligibility under                          
03       AS 12.55, a prisoner who is serving a term of at least 181 days, may, upon application                            
04       by the prisoner or the commissioner, be released by the board on special medical                                  
05       parole if the board determines that                                                                               
06                 (1)  the prisoner has not been convicted of an offense under                                            
07       AS 11.41.410 - 11.41.425 or 11.41.434 - 11.41.438 and the prisoner is severely                                    
08       medically or cognitively disabled as certified in writing by a physician licensed under                           
09       AS 08.64                                                                                                          
10                 (2)  a reasonable probability exists that                                                               
11                      (A)  the prisoner will live and remain at liberty without                                          
12            violating any laws or conditions imposed by the board;                                                       
13                      (B)  because of the prisoner's severe medical or cognitive                                         
14            disability, the prisoner will not pose a threat of harm to the public if released                            
15            on parole; and                                                                                               
16                      (C)  release of the prisoner on parole would not diminish the                                      
17            seriousness of the crime;                                                                                    
18                 (3)  the prisoner                                                                                       
19                      (A)  was not suffering from the severe medical or cognitive                                        
20            disability at the time the prisoner committed the offense or parole or probation                             
21            violation for which the prisoner is presently incarcerated; or                                               
22                      (B)  was suffering from the severe medical or cognitive                                            
23            disability at the time the prisoner committed the offense or parole or probation                             
24            violation for which the prisoner is presently incarcerated and the medical or                                
25            cognitive disability has progressed so that the likelihood of the prisoner's                                 
26            committing the same or a similar offense is low;                                                             
27                 (4)  the care and supervision that the prisoner requires can be provided                                
28       in a more medically appropriate or cost-effective manner than by the department;                                  
29                 (5)  the prisoner is incapacitated to an extent that incarceration does not                             
30       impose significant additional restrictions on the prisoner;                                                       
31                 (6)  the prisoner is likely to remain subject to the severe medical or                                  
01       cognitive disability throughout the entire period of parole or to die and there is no                             
02       reasonable expectation that the prisoner's medical or cognitive disability will improve                           
03       noticeably; and                                                                                                   
04                 (7)  an appropriate discharge plan has been formulated that addresses                                   
05       basic life domains of the prisoner, including care coordination, housing, eligibility for                         
06       public benefits, and health care, including necessary medication.                                                 
07    * Sec. 28.  AS 33.16.090 is repealed and reenacted to read:                                                        
08            Sec. 33.16.090.  Eligibility for discretionary parole and minimum terms to                                 
09       be served.  (a) A prisoner sentenced to an active term of imprisonment of at least 181                          
10       days may, in the discretion of the board, be released on discretionary parole if the                              
11       prisoner has served the amount of time specified under (b) of this section, except that                           
12                 (1)  a prisoner sentenced to one or more mandatory 99-year terms under                                  
13       AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not eligible                               
14       for consideration for discretionary parole;                                                                       
15                 (2)  a prisoner is not eligible for consideration of discretionary parole if                            
16       made ineligible by order of a court under AS 12.55.115;                                                           
17                 (3)  a prisoner imprisoned under AS 12.55.086 is not eligible for                                       
18       discretionary parole unless the actual term of imprisonment is more than one year.                                
19            (b)  A prisoner eligible under (a) of this section who is sentenced                                          
20                 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                       
21       released on discretionary parole until the prisoner has served the mandatory minimum                              
22       term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment                                   
23       imposed, or any term set under AS 12.55.115, whichever is greatest;                                               
24                 (2)  to a single sentence within or below a presumptive range set out in                                
25       AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i), and has not been allowed by the                            
26       three-judge panel under AS 12.55.175 to be considered for discretionary parole                                    
27       release, may not be released on discretionary parole until the prisoner has served the                            
28       term imposed, less good time earned under AS 33.20.010;                                                           
29                 (3)  to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and                               
30       (4), or (i), and has been allowed by the three-judge panel under AS 12.55.175 to be                               
31       considered for discretionary parole release during the second half of the sentence, may                           
01       not be released on discretionary parole until                                                                     
02                      (A)  the prisoner has served that portion of the active term of                                    
03            imprisonment required by the three-judge panel; and                                                        
04                      (B)  in addition to the factors set out in AS 33.16.100(a), the                                    
05            board determines that                                                                                        
06                           (i)  the defendant has successfully completed all                                             
07                 rehabilitation programs ordered by the three-judge panel that were                                      
08                 made available to the prisoner;  and                                                                    
09                           (ii)  the prisoner would not constitute a danger to the                                       
10                 public if released on parole;                                                                           
11                 (4)  to a single enhanced sentence under AS 12.55.155(a) that is above                                  
12       the applicable presumptive range, may not be released on discretionary parole until the                           
13       prisoner has served the greater of the following:                                                                 
14                      (A)  an amount of time, less good time earned under                                                
15            AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                
16            of the amount of time above the presumptive range; or                                                        
17                      (B)  any term set under AS 12.55.115;                                                              
18                 (5)  to a single sentence under any other provision of law, may not be                                  
19       released on discretionary parole until the prisoner has served at least one-fourth of the                         
20       active term of imprisonment, any mandatory minimum sentence imposed under any                                     
21       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
22                 (6)  to concurrent sentences, may not be released on discretionary                                      
23       parole until the prisoner has served the greatest of                                                              
24                      (A)  any mandatory minimum sentence or sentences imposed                                           
25            under any provision of law;                                                                                  
26                      (B)  any term set under AS 12.55.115; or                                                           
27                      (C)  the amount of time that is required to be served under (1) -                                  
28            (5)  of this subsection for the sentence imposed for the primary crime, had that                             
29            been the only sentence imposed;                                                                              
30                 (7)  to consecutive or partially consecutive sentences, may not be                                      
31       released on discretionary parole until the prisoner has served the greatest of                                    
01                      (A)  the composite total of any mandatory minimum sentence or                                      
02            sentences imposed under any provision of law, including AS 12.55.127;                                        
03                      (B)  any term set under AS 12.55.115; or                                                           
04                      (C)  the amount of time that is required to be served under (1) -                                  
05            (5) of this subsection for the sentence imposed for the primary crime, had that                              
06            been the only sentence imposed, plus one-quarter of the composite total of the                               
07            active term of imprisonment imposed as consecutive or partially consecutive                                  
08            sentences imposed for all crimes other than the primary crime.                                               
09            (c)  As used in this section,                                                                                
10                 (1)  "active term of imprisonment" has the meaning given in                                             
11       AS 12.55.185;                                                                                                     
12                 (2)  "primary crime" has the meaning given in AS 12.55.127.                                             
13    * Sec. 29.  AS 33.16.100 is amended by adding a new subsection to read:                                            
14            (e)  If the parole board considers an application for discretionary parole, and                              
15       denies parole because the prisoner does not meet the standards in (a) of this section,                            
16       the board may make a prisoner ineligible for further consideration of discretionary                               
17       parole, or may require that additional time be served before the prisoner is again                                
18       eligible for consideration for discretionary parole.                                                            
19    * Sec. 30.  AS 33.16.240(c) is amended to read:                                                                    
20            (c)  In addition to the powers granted to a police officer under (g) of this                             
21       section, a [A] parole officer may, without a warrant, arrest a parolee for a violation of                     
22       parole only if there is danger to the public, if there is a likelihood that the parolee will                      
23       flee, or if the parolee committed a crime in the presence of the parole officer.                                  
24    * Sec. 31.  AS 33.16.240 is amended by adding a new subsection to read:                                            
25            (g)  At any time within the period of parole supervision, a police officer                                   
26       certified by the Alaska Police Standards Council may detain a parolee if the officer                              
27       has reasonable suspicion that the person has recently violated or may imminently                                  
28       violate a parole condition relating to one of the topics set out in AS 33.05.070(d).  The                         
29       officer may also arrest the parolee without a warrant if the officer has probable cause                           
30       to believe that the person has violated a parole condition relating to one of the topics                          
31       set out in AS 33.05.070(d).                                                                                       
01    * Sec. 32.  AS 12.55.125(k); AS 33.16.100(c) and 33.16.100(d) are repealed.                                      
02    * Sec. 33.  The uncodified law of the State of Alaska is amended by adding a new section to                        
03 read:                                                                                                                   
04       APPLICABILITY.  Sections 1, 4, 6, 26, and 29 - 31 of this Act apply to offenses                                   
05 committed before, on, or after the effective date of this Act.  Sections 2, 3, 5, 7 - 25, and 27 -                      
06 28 of this Act apply to offenses committed on or after the effective date of this Act.                                  
07 References to prior offenses or convictions in secs. 8 - 21 of this Act include offenses                                
08 committed before, on, or after the effective date of this Act.                                                          
09    * Sec. 34.  This Act takes effect July 1, 2005.