Enrolled HB 133: Relating to requiring electronic monitoring as a special condition of probation and parole for offenders whose offense was related to a criminal street gang.
00Enrolled HB 133 01 Relating to requiring electronic monitoring as a special condition of probation and parole for 02 offenders whose offense was related to a criminal street gang. 03 _______________ 04 * Section 1. AS 12.55.100 is amended by adding a new subsection to read: 05 (f) While on probation and as a special condition of probation for an offense 06 where the aggravating factor provided in AS 12.55.155(c)(29) has been proven or 07 admitted, the court shall require that the defendant submit to electronic monitoring. 08 Electronic monitoring under this subsection must provide for monitoring of the 09 defendant's location and movements by Global Positioning System technology. The 10 court shall require a defendant serving a period of probation with electronic 11 monitoring as provided under this subsection to pay all or a portion of the costs of the 12 electronic monitoring, but only if the defendant has sufficient financial resources to 13 pay the costs or a portion of the costs. A defendant subject to electronic monitoring 14 under this subsection is not entitled to a credit for time served in a correctional facility
01 while the defendant is on probation. In this subsection, "correctional facility" has the 02 meaning given in AS 33.30.901. 03 * Sec. 2. AS 33.16.150 is amended by adding a new subsection to read: 04 (g) In addition to other conditions of parole imposed under this section for a 05 prisoner serving a sentence for an offense where the aggravating factor provided in 06 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 07 condition of special medical, discretionary, and mandatory parole a requirement that 08 the prisoner submit to electronic monitoring. Electronic monitoring under this 09 subsection must provide for monitoring of the prisoner's location and movements by 10 Global Positioning System technology. The board shall require a prisoner serving a 11 period of probation with electronic monitoring as provided under this subsection to 12 pay all or a portion of the costs of the electronic monitoring, but only if the prisoner 13 has sufficient financial resources to pay the costs or a portion of the costs. A prisoner 14 subject to electronic monitoring under this subsection is not entitled to a credit for 15 time served in a correctional facility while the defendant is on parole. In this 16 subsection, "correctional facility" has the meaning given in AS 33.30.901. 17 * Sec. 3. AS 12.55.100(f) and AS 33.16.150(g) are repealed December 31, 2012.