CSHB 90(FIN): "An Act relating to credit toward service of a sentence of imprisonment; relating to violation of probation and parole conditions by sex offenders; relating to bail; relating to distribution of certain materials to minors; relating to time limitations for prosecution of certain crimes; relating to sex offender registration; relating to the maximum time for probation; relating to certain post-conviction relief applications; relating to good time; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 90(FIN) 01 "An Act relating to credit toward service of a sentence of imprisonment; relating to 02 violation of probation and parole conditions by sex offenders; relating to bail; relating to 03 distribution of certain materials to minors; relating to time limitations for prosecution of 04 certain crimes; relating to sex offender registration; relating to the maximum time for 05 probation; relating to certain post-conviction relief applications; relating to good time; 06 and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.56 is amended by adding a new section to read: 09 Sec. 11.56.759. Violation by sex offender of condition of probation or 10 parole. (a) A person commits the crime of violation by sex offender of condition of 11 probation or parole if the person 12 (1) is on probation or parole for conviction of a sex offense; 13 (2) has served the entire term of incarceration imposed for conviction
01 of the sex offense; and 02 (3) either 03 (A) violates a condition of probation imposed under 04 AS 12.55.100(a)(5), (a)(6), or (e), 12.55.101(a)(1), or any other condition 05 imposed by the court that the court finds to be specifically related to the 06 defendant's offense; or 07 (B) violates a condition of parole imposed under 08 AS 33.16.150(a)(3), (a)(4), (a)(6), (a)(13), (b)(4), (b)(11), or (f). 09 (b) In this section, "sex offense" has the meaning given in AS 12.63.100. 10 (c) Violation by sex offender of condition of probation or parole is a class A 11 misdemeanor. 12 * Sec. 2. AS 11.61.128(a) is amended to read: 13 (a) A person commits the crime of electronic distribution of indecent material 14 to minors if 15 (1) the person, being 18 years of age or older, knowingly distributes to 16 another person by computer any material that depicts the following actual or 17 simulated conduct: 18 (A) sexual penetration; 19 (B) the lewd touching of a person's genitals, anus, or female 20 breast; 21 (C) masturbation; 22 (D) bestiality; 23 (E) the lewd exhibition of a person's genitals, anus, or 24 female breast; or 25 (F) sexual masochism or sadism; [AN ACT DESCRIBED IN 26 AS 11.41.455(a)(1) - (7)] and 27 (2) either [1] 28 (A) the other person is a child under 16 years of age; or 29 (B) [(2)] the person believes that the other person is a child 30 under 16 years of age. 31 * Sec. 3. AS 11.61.129(a) is amended to read:
01 (a) Property used to aid a violation of AS 11.61.123 - 11.61.128 02 [AS 11.61.123 - 11.61.127] or to aid the solicitation of, attempt to commit, or 03 conspiracy to commit a violation of AS 11.61.123 - 11.61.128 [AS 11.61.123 - 04 11.61.127] may be forfeited to the state upon the conviction of the offender. 05 * Sec. 4. AS 12.10.010(a) is amended to read: 06 (a) Prosecution for the following offenses may be commenced at any time: 07 (1) murder; 08 (2) attempt, solicitation, or conspiracy to commit murder or 09 hindering the prosecution of murder; 10 (3) felony sexual abuse of a minor; 11 (4) [(3)] sexual assault that is an unclassified, class A, or class B 12 felony or a violation of AS 11.41.425(a)(2) or (3); 13 (5) [(4)] a violation of AS 11.41.425, 11.41.427, 11.41.450 - 14 11.41.458, AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed 15 against a person who, at the time of the offense, was under 18 years of age. 16 * Sec. 5. AS 12.30.020(j) is amended to read: 17 (j) If a person remains in custody after review of conditions by a judicial 18 officer under (f) of this section, a subsequent review of conditions may be held at the 19 request of the person. Unless the prosecuting authority stipulates otherwise or a 20 defendant has been incarcerated for a period equal to the maximum sentence for 21 the most serious charge for which the defendant is being held, a judicial officer 22 may not schedule a bail review hearing under this subsection unless 23 (1) the person provides to the court and the prosecuting authority a 24 written statement that new information not considered at the previous review will be 25 presented; the statement must include [AND INCLUDES] a description of the 26 [NEW] information and the reason the information was not presented at a 27 previous hearing; in this paragraph, "new information" does not include 28 (A) the inability to post the required bail; 29 (B) information that the defendant knew about but did not 30 present at a previous bail review hearing; 31 (2) the prosecuting authority has at least 48 hours' notice before the
01 time set for the review requested under this subsection; and 02 (3) at least seven days [48 HOURS] have elapsed between the 03 previous review and the time set for the review requested under this subsection. 04 * Sec. 6. AS 12.55 is amended by adding a new section to read: 05 Sec. 12.55.027. Credit for time spent toward service of a sentence of 06 imprisonment. (a) A court may grant a defendant credit toward a sentence of 07 imprisonment for time spent in a treatment program only as provided in this section. 08 (b) A court may grant a defendant one day of credit toward a sentence of 09 imprisonment for each full day the defendant resided in the facility of a treatment 10 program and observed the rules of the treatment program and the facility if 11 (1) the court finds that the treatment program meets the standards 12 described in (c) of this section; 13 (2) before the defendant entered the treatment program, the court 14 ordered the defendant to reside in the facility of the treatment program and participate 15 in the treatment program as a condition of bail release or a condition of probation; and 16 (3) the court has received a written report from the director of the 17 program that 18 (A) states that the defendant has participated in the treatment 19 plan prescribed for the defendant and has complied with the requirements of 20 the plan; and 21 (B) sets out the number of full days the defendant resided in the 22 facility of the treatment program and observed the rules of the treatment 23 program and facility. 24 (c) To qualify for credit against a sentence of imprisonment for time spent in a 25 treatment program, the treatment program and the facility of the treatment program 26 must impose substantial restrictions on a person's liberty that are equivalent to 27 incarceration, including the requirement that a participant in the program 28 (1) must live in a residential facility operated by the program; 29 (2) must be confined at all times to the grounds of the facility or be in 30 the physical custody of an employee of the facility, except for court appearances, 31 meetings with counsel, and work required by the treatment program and approved in
01 advance by the court; 02 (3) is subject to disciplinary sanctions by the program if the participant 03 violates rules of the program and facility; sanctions must be in writing and available 04 for court review; and 05 (4) is subject to immediate arrest, without warrant, if the participant 06 leaves the facility without permission. 07 (d) A court may not grant credit against a sentence of imprisonment for time 08 spent in a private residence or under electronic monitoring. 09 * Sec. 7. AS 12.55.090(c) is amended to read: 10 (c) The period of probation, together with any extension, may not exceed 11 (1) 25 years for a felony sex offense; or 12 (2) 10 years for any other offense. 13 * Sec. 8. AS 12.63.100(6) is amended to read: 14 (6) "sex offense" means 15 (A) a crime under AS 11.41.100(a)(3), or a similar law of 16 another jurisdiction, in which the person committed or attempted to commit a 17 sexual offense, or a similar offense under the laws of the other jurisdiction; in 18 this subparagraph, "sexual offense" has the meaning given in 19 AS 11.41.100(a)(3); 20 (B) a crime under AS 11.41.110(a)(3), or a similar law of 21 another jurisdiction, in which the person committed or attempted to commit 22 one of the following crimes, or a similar law of another jurisdiction: 23 (i) sexual assault in the first degree; 24 (ii) sexual assault in the second degree; 25 (iii) sexual abuse of a minor in the first degree; or 26 (iv) sexual abuse of a minor in the second degree; 27 (C) a crime, or an attempt, solicitation, or conspiracy to commit 28 a crime, under the following statutes or a similar law of another jurisdiction: 29 (i) AS 11.41.410 - 11.41.438; 30 (ii) AS 11.41.440(a)(2); 31 (iii) AS 11.41.450 - 11.41.458;
01 (iv) AS 11.41.460 if the indecent exposure is before a 02 person under 16 years of age and the offender has a previous conviction 03 for that offense; 04 (v) AS 11.61.125 - 11.61.128 [AS 11.61.125 OR 05 11.61.127]; 06 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 07 was induced or caused to engage in prostitution was 16 or 17 years of 08 age at the time of the offense; or 09 (vii) former AS 11.15.120, former 11.15.134, or assault 10 with the intent to commit rape under former AS 11.15.160, former 11 AS 11.40.110, or former 11.40.200; 12 * Sec. 9. AS 12.72 is amended by adding a new section to read: 13 Sec. 12.72.025. Applications based on claim of ineffective assistance of 14 counsel. An application may not be brought under AS 12.72.010 or the Alaska Rules 15 of Criminal Procedure if it is based on a claim that the assistance the applicant's 16 attorney provided in a prior application under AS 12.72.010 or the Alaska Rules of 17 Criminal Procedure was ineffective, unless it is filed within one year after the court's 18 decision on the prior application is final under the Alaska Rules of Appellate 19 Procedure. 20 * Sec. 10. AS 33.20.010 is amended by adding a new subsection to read: 21 (c) A prisoner may not be awarded a good time deduction under (a) of this 22 section for any period spent in a treatment program, in a private residence, or while 23 under electronic monitoring. 24 * Sec. 11. The uncodified law of the State of Alaska is amended by adding new sections to 25 read: 26 APPLICABILITY. (a) AS 12.55.027, enacted by sec. 6 of this Act, applies to credit 27 for time served for a sentence imposed on or after the effective date of this Act, regardless of 28 when the criminal act was committed. 29 (b) AS 11.56.759, enacted by sec. 1 of this Act, and the amendments to 30 AS 11.61.128(a) and AS 12.10.010(a) made by secs. 2 and 4 of this Act apply to acts 31 committed on or after the effective date of this Act.
01 (c) AS 12.72.025, enacted by sec. 9 of this Act, applies to offenses committed before, 02 on, or after the effective date of this Act. A person whose application for post-conviction 03 relief was denied before the effective date of this Act, has until July 1, 2008, to file a claim 04 described in AS 12.72.025. 05 * Sec. 12. This Act takes effect July 1, 2007.