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SB 218: "An Act relating to periodic polygraph examinations for sex offenders released on probation or parole and to sentencing for sex offenders and habitual criminals."

00                             SENATE BILL NO. 218                                                                         
01 "An Act relating to periodic polygraph examinations for sex offenders released on                                       
02 probation or parole and to sentencing for sex offenders and habitual criminals."                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.55.100 is amended by adding a new subsection to read:                                           
05            (e)  While on probation and as a condition of probation for a sex offense, the                               
06       defendant shall be required to submit to regular periodic polygraph examinations. In                              
07       this subsection, "sex offense" has the meaning given in AS 12.63.100.                                             
08    * Sec. 2. AS 12.55.125(i) is amended to read:                                                                      
09            (i)  A defendant convicted of                                                                                
10                 (1)  sexual assault in the first degree or sexual abuse of a minor in the                               
11       first degree may be sentenced to a definite term of imprisonment of not more than 99                              
12       years and shall be sentenced to a definite term within the following presumptive                                  
13       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
14                      (A)  if the offense is a first felony conviction and does not                                      
01            involve circumstances described in (B) of this paragraph, 24 to 26 [EIGHT TO                             
02            12] years;                                                                                                   
03                      (B)  if the offense is a first felony conviction and the defendant                                 
04            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
05            injury during the commission of the offense, 26 to 30 [12 TO 16] years;                                  
06                      (C)  if the offense is a second felony conviction and does not                                     
07            involve circumstances described in (D) of this paragraph, 30 to 35 [15 TO 20]                            
08            years;                                                                                                       
09                      (D)  if the offense is a second felony conviction and the                                          
10            defendant has a prior conviction for a sexual felony, 35 to 40 [20 TO 30]                                
11            years;                                                                                                       
12                      (E)  if the offense is a third felony conviction and the defendant                                 
13            is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                      
14            to 45 [25 TO 35] years;                                                                                  
15                      (F)  if the offense is a third felony conviction, the defendant is                                 
16            not subject to sentencing under (l) of this section, and the defendant has two                               
17            prior convictions for sexual felonies, 99 [30 TO 40] years;                                              
18                 (2)  attempt, conspiracy, or solicitation to commit sexual assault in the                               
19       first degree or sexual abuse of a minor in the first degree may be sentenced to a                                 
20       definite term of imprisonment of not more than 99 [30] years and shall be sentenced to                        
21       a definite term within the following presumptive ranges, subject to adjustment as                                 
22       provided in AS 12.55.155 - 12.55.175:                                                                             
23                      (A)  if the offense is a first felony conviction and does not                                      
24            involve circumstances described in (B) of this paragraph, 18 to 23 [FIVE TO                              
25            EIGHT] years;                                                                                                
26                      (B)  if the offense is a first felony conviction, and the defendant                                
27            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
28            injury during the commission of the offense, 23 to 26 [10 TO 14] years;                                  
29                      (C)  if the offense is a second felony conviction and does not                                     
30            involve circumstances described in (D) of this paragraph, 26 to 29 [12 TO 16]                            
31            years;                                                                                                       
01                      (D)  if the offense is a second felony conviction and the                                          
02            defendant has a prior conviction for a sexual felony, 29 to 32 [15 TO 20]                                
03            years;                                                                                                       
04                      (E)  if the offense is a third felony conviction, does not involve                                 
05            circumstances described in (F) of this paragraph, and the defendant is not                                   
06            subject to sentencing under (l) of this section, 32 to 35 [15 TO 25] years;                              
07                      (F)  if the offense is a third felony conviction, the defendant is                                 
08            not subject to sentencing under (l) of this section, and the defendant has two                               
09            prior convictions for sexual felonies, 99 [20 TO 30] years;                                              
10                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
11       second degree, unlawful exploitation of a minor, or distribution of child pornography                             
12       may be sentenced to a definite term of imprisonment of not more than 99 [20] years                            
13       and shall be sentenced to a definite term within the following presumptive ranges,                                
14       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
15                      (A)  if the offense is a first felony conviction, 16 to 21 [TWO                                
16            TO FOUR] years;                                                                                              
17                      (B)  if the offense is a second felony conviction and does not                                     
18            involve circumstances described in (C) of this paragraph, 21 to 24 [FIVE TO                              
19            EIGHT] years;                                                                                                
20                      (C)  if the offense is a second felony conviction and the                                          
21            defendant has a prior conviction for a sexual felony, 24 to 27 [10 TO 14]                                
22            years;                                                                                                       
23                      (D)  if the offense is a third felony conviction and does not                                      
24            involve circumstances described in (E) of this paragraph, 27 to 30 [10 TO 14]                            
25            years;                                                                                                       
26                      (E)  if the offense is a third felony conviction and the defendant                                 
27            has two prior convictions for sexual felonies, 99 [15 TO 20] years;                                      
28                 (4)  sexual assault in the third degree, incest, indecent exposure in the                               
29       first degree, possession of child pornography, or attempt, conspiracy, or solicitation to                         
30       commit sexual assault in the second degree, sexual abuse of a minor in the second                                 
31       degree, unlawful exploitation of a minor, or distribution of child pornography, may be                            
01       sentenced to a definite term of imprisonment of not more than 99 [10] years and shall                         
02       be sentenced to a definite term within the following presumptive ranges, subject to                               
03       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
04                      (A)  if the offense is a first felony conviction, 10 to 15 [ONE                                
05            TO TWO] years;                                                                                               
06                      (B)  if the offense is a second felony conviction and does not                                     
07            involve circumstances described in (C) of this paragraph, 15 to 18 [TWO TO                               
08            FIVE] years;                                                                                                 
09                      (C)  if the offense is a second felony conviction and the                                          
10            defendant has a prior conviction for a sexual felony, 18 to 21 [THREE TO                                 
11            SIX] years;                                                                                                  
12                      (D)  if the offense is a third felony conviction and does not                                      
13            involve circumstances described in (E) of this paragraph, 21 to 24 [THREE TO                             
14            SIX] years;                                                                                                  
15                      (E)  if the offense is a third felony conviction and the defendant                                 
16            has two prior convictions for sexual felonies, 99 [SIX TO 10] years.                                     
17    * Sec. 3. AS 12.55.125(j) is amended to read:                                                                      
18            (j)  A defendant sentenced to a (1) mandatory term of imprisonment of 99                                     
19       years under (a) of this section may apply once for a modification or reduction of                                 
20       sentence under the Alaska Rules of Criminal Procedure after serving one-half of the                               
21       mandatory term without consideration of good time earned under AS 33.20.010, or (2)                               
22       definite term of imprisonment under (l) of this section may apply once for a                                      
23       modification or reduction of sentence under the Alaska Rules of Criminal Procedure                                
24       after serving [THE GREATER OF (A)] one-half of the definite term [OR (B) 30                                       
25       YEARS]. A defendant may not file and a court may not entertain more than one                                      
26       motion for modification or reduction of a sentence subject to this subsection,                                    
27       regardless of whether or not the court granted or denied a previous motion.                                       
28    * Sec. 4. AS 12.55.125(l) is amended to read:                                                                      
29            (l)  Notwithstanding any other provision of law, a defendant convicted of an                                 
30       unclassified or class A felony offense, and not subject to a mandatory 99-year                                    
31       sentence under (a) of this section, shall be sentenced to a definite term of                                      
01       imprisonment of [AT LEAST 40 YEARS BUT NOT MORE THAN] 99 years when                                               
02       the defendant has been previously convicted of two or more most serious felonies                                  
03       [AND THE PROSECUTING ATTORNEY HAS FILED A NOTICE OF INTENT TO                                                     
04       SEEK A DEFINITE SENTENCE UNDER THIS SUBSECTION AT THE TIME                                                        
05       THE DEFENDANT WAS ARRAIGNED IN SUPERIOR COURT]. If a defendant is                                                 
06       sentenced to a definite term under this subsection,                                                               
07                 (1)  imprisonment for the prescribed definite term may not be                                           
08       suspended under AS 12.55.080;                                                                                     
09                 (2)  imposition of sentence may not be suspended under AS 12.55.085;                                    
10                 (3)  imprisonment for the prescribed definite term may not be reduced,                                  
11       except as provided in (j) of this section.                                                                        
12    * Sec. 5. AS 33.16.150(a) is amended to read:                                                                      
13            (a)  As a condition of parole, a prisoner released on special medical,                                       
14       discretionary, or mandatory parole                                                                                
15                 (1)  shall obey all state, federal, or local laws or ordinances, and any                                
16       court orders applicable to the parolee;                                                                           
17                 (2)  shall make diligent efforts to maintain steady employment or meet                                  
18       family obligations;                                                                                               
19                 (3)  shall, if involved in education, counseling, training, or treatment,                               
20       continue in the program unless granted permission from the parole officer assigned to                             
21       the parolee to discontinue the program;                                                                           
22                 (4)  shall report                                                                                       
23                      (A)  upon release to the parole officer assigned to the parolee;                                   
24                      (B)  at other times, and in the manner, prescribed by the board                                    
25            or the parole officer assigned to the parolee;                                                               
26                 (5)  shall reside at a stated place and not change that residence without                               
27       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
28                 (6)  shall remain within stated geographic limits unless written                                        
29       permission to depart from the stated limits is granted the parolee;                                               
30                 (7)  may not use, possess, handle, purchase, give, distribute, or                                       
31       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
01       drug for which a prescription is required under state or federal law without a                                    
02       prescription from a licensed medical professional to the parolee;                                                 
03                 (8)  may not possess or control a firearm; in this paragraph, "firearm"                                 
04       has the meaning given in AS 11.81.900;                                                                            
05                 (9)  may not enter into an agreement or other arrangement with a law                                    
06       enforcement agency or officer that will place the parolee in the position of violating a                          
07       law or parole condition without the prior approval of the board;                                                  
08                 (10)  may not contact or correspond with anyone confined in a                                           
09       correctional facility of any type serving any term of imprisonment or a felon without                             
10       the permission of the parole officer assigned to a parolee;                                                       
11                 (11)  shall agree to waive extradition from any state or territory of the                               
12       United States and to not contest efforts to return the parolee to the state;                                      
13                 (12)  shall provide a blood sample, an oral sample, or both, when                                       
14       requested by a health care professional acting on behalf of the state to provide the                              
15       sample or samples, or an oral sample when requested by a juvenile or adult                                        
16       correctional, probation, or parole officer, or a peace officer, if the prisoner is being                          
17       released after a conviction of an offense requiring the state to collect the sample or                            
18       samples for the deoxyribonucleic acid identification system under AS 44.41.035;                               
19                 (13)  from a conviction for a sex offense shall submit to regular                                   
20       periodic polygraph examinations; in this paragraph, "sex offense" has the                                     
21       meaning given in AS 12.63.100.                                                                                
22    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24       APPLICABILITY. Section 2 of this Act applies to offenses committed on or after the                                
25 effective date of this Act. References to prior offenses or convictions in sec. 2 of this Act                           
26 include offenses committed before, on, or after the effective date of this Act.