CSHB 359(FIN): "An Act relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; and relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol."
00 CS FOR HOUSE BILL NO. 359(FIN) 01 "An Act relating to the term of probation for persons convicted of minor consuming or 02 in possession or control of alcohol or repeat minor consuming or in possession or control 03 of alcohol; and relating to termination of probation for certain persons convicted of 04 minor consuming or in possession or control of alcohol or repeat minor consuming or in 05 possession or control of alcohol." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 04.16.050(b) is amended to read: 08 (b) A person who violates (a) of this section and who has not been previously 09 convicted or received a suspended imposition of sentence under (1) of this subsection 10 is guilty of minor consuming or in possession or control. Upon conviction in the 11 district court, the court 12 (1) may grant a suspended imposition of sentence under AS 12.55.085 13 and place the person on probation for up to one year [OR UNTIL THE PERSON IS
01 21 YEARS OF AGE, WHICHEVER IS LATER,] if the person has not been convicted 02 of a violation of this section previously; among the conditions of probation, the court 03 shall, with the consent of a community diversion panel, refer the person to the panel, 04 and require the person to comply with conditions set by the panel, including 05 counseling, education, treatment, community work, and payment of fees; in this 06 paragraph, "community diversion panel" means a youth court or other group selected 07 by the court to serve as a sentencing option for a person convicted under this section; 08 or 09 (2) shall impose a fine of at least $200 but not more than $600, shall 10 require the person to attend alcohol information school if the school is available, and 11 shall place the person on probation for up to one year under (e) of this section; the 12 court may suspend a portion of the fine imposed under this paragraph that exceeds 13 $200 if the person is required to pay for education or treatment required under (e) of 14 this section. 15 * Sec. 2. AS 04.16.050(c) is amended to read: 16 (c) A person is guilty of repeat minor consuming or in possession or control if 17 the person was placed on probation under (b)(1) [(b)] of this section or has been 18 previously convicted once, and the person violates (a) of this section. Upon conviction 19 in the district court, the court shall 20 (1) impose a fine of $1,000 and require at least 48 hours of community 21 work; 22 (2) revoke the person's driver's license for three months; 23 (3) take possession of the person's driver's license; and 24 (4) suspend up to $500 of the fine and place the person on probation 25 for up to one year under (e) of this section. 26 * Sec. 3. AS 04.16.050(d) is amended to read: 27 (d) A person is guilty of habitual minor consuming or in possession or control 28 if the person was placed on probation under (c) of this section, or has been previously 29 convicted twice, and the person violates (a) of this section. Habitual minor consuming 30 or in possession or control is a class B misdemeanor. Upon conviction, the court may 31 impose an appropriate period of imprisonment and fine and place the person on
01 probation under (e) of this section for one year, or until the person is 21 years of 02 age, whichever is later, and shall 03 (1) impose at least 96 hours of community work; 04 (2) revoke the person's driver's license for six months; 05 (3) within five working days, notify the agency responsible for the 06 administration of motor vehicle laws of the revocation; and 07 (4) take possession of the person's driver's license. 08 * Sec. 4. AS 04.16.050(e) is amended to read: 09 (e) The court shall place a person sentenced under (b)(2) [(b)], (c), or (d) of 10 this section on probation for the appropriate period [ONE YEAR, OR UNTIL THE 11 PERSON IS 21 YEARS OF AGE, WHICHEVER IS LATER]. The person may not 12 refuse probation. The court may require the person to pay for and enroll in a juvenile 13 alcohol safety action program, if one is available. The court shall impose the following 14 conditions of probation: 15 (1) the person shall pay for and successfully complete any education or 16 treatment recommended; 17 (2) the person may not consume inhalants or possess or consume 18 controlled substances or alcoholic beverages, except as provided in AS 04.16.051(b); 19 (3) the person shall timely complete any community work ordered, as 20 provided in (f) of this section; and 21 (4) other conditions the court considers appropriate. 22 * Sec. 5. AS 04.16.050 is amended by adding a new subsection to read: 23 (l) Notwithstanding (b), (c), and (e) of this section, a person sentenced under 24 (b) or (c) of this section may make a motion to the court to terminate probation of that 25 person before the end of the probationary period required under those subsections. The 26 court may grant the motion if the court finds, by clear and convincing evidence, that 27 (1) the person completed any community work ordered under (f) of 28 this section; 29 (2) the person has successfully completed any education or treatment 30 program ordered by the court and, if required by the court, has either 31 (A) paid for the programs; or
01 (B) made a good faith effort to pay for the programs, agreed to 02 have the debt reduced to a civil judgment, entered into a repayment plan with 03 the provider or the state, and agreed that the civil judgment may be enforced in 04 the manner provided for restitution and fines in AS 12.55.051; 05 (3) the person has either 06 (A) paid the fine; or 07 (B) made a good faith effort to pay the fine, agreed to have the 08 remaining fine amount reduced to a civil judgment, entered into a plan with the 09 state, and agreed that the civil judgment may be enforced in the manner 10 provided for restitution and fines in AS 12.55.051; and 11 (4) the person has substantially complied with the other conditions of 12 probation.