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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.