CSSB 151(HSS): "An Act relating to inclusion of fetal alcohol spectrum disorders, traumatic and acquired brain injury, and intellectual disability in the definition of 'mental disease or defect'; and relating to mitigation at sentencing in a criminal case for a defendant suffering from a mental disease or defect."
00 CS FOR SENATE BILL NO. 151(HSS) 01 "An Act relating to inclusion of fetal alcohol spectrum disorders, traumatic and 02 acquired brain injury, and intellectual disability in the definition of 'mental disease or 03 defect'; and relating to mitigation at sentencing in a criminal case for a defendant 04 suffering from a mental disease or defect." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.47.130(5) is amended to read: 07 (5) "mental disease or defect" means a disorder of thought or mood or 08 a condition of impaired brain function that substantially impairs judgment, 09 behavior, capacity to recognize reality, or ability to cope with the ordinary demands of 10 life; "mental disease or defect" also includes "intellectual disability" [MENTAL 11 RETARDATION], which means a significantly below average general intellectual 12 functioning that impairs a person's ability to adapt to or cope with the ordinary 13 demands of life; in this paragraph, "condition of impaired brain function" means 14 fetal alcohol spectrum disorders or traumatic and acquired brain injury;
01 * Sec. 2. AS 12.55.155(d) is amended to read: 02 (d) The following factors shall be considered by the sentencing court if proven 03 in accordance with this section, and may allow imposition of a sentence below the 04 presumptive range set out in AS 12.55.125: 05 (1) the offense was principally accomplished by another person, and 06 the defendant manifested extreme caution or sincere concern for the safety or well- 07 being of the victim; 08 (2) the defendant, although an accomplice, played only a minor role in 09 the commission of the offense; 10 (3) the defendant committed the offense under some degree of duress, 11 coercion, threat, or compulsion insufficient to constitute a complete defense, but that 12 significantly affected the defendant's conduct; 13 (4) the conduct of a youthful defendant was substantially influenced by 14 another person more mature than the defendant; 15 (5) the conduct of an aged defendant was substantially a product of 16 physical or mental infirmities resulting from the defendant's age; 17 (6) in a conviction for assault under AS 11.41.200 - 11.41.220, the 18 defendant acted with serious provocation from the victim; 19 (7) except in the case of a crime defined by AS 11.41.410 - 11.41.470, 20 the victim provoked the crime to a significant degree; 21 (8) before the defendant knew that the criminal conduct had been 22 discovered, the defendant fully compensated or made a good faith effort to fully 23 compensate the victim of the defendant's criminal conduct for any damage or injury 24 sustained; 25 (9) the conduct constituting the offense was among the least serious 26 conduct included in the definition of the offense; 27 (10) the defendant was motivated to commit the offense solely by an 28 overwhelming compulsion to provide for emergency necessities for the defendant's 29 immediate family; 30 (11) after commission of the offense for which the defendant is being 31 sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other
01 persons who committed an offense; 02 (12) the facts surrounding the commission of the offense and any 03 previous offenses by the defendant establish that the harm caused by the defendant's 04 conduct is consistently minor and inconsistent with the imposition of a substantial 05 period of imprisonment; 06 (13) the defendant is convicted of an offense specified in AS 11.71 and 07 the offense involved small quantities of a controlled substance; 08 (14) the defendant is convicted of an offense specified in AS 11.71 and 09 the offense involved the distribution of a controlled substance, other than a schedule 10 IA controlled substance, to a personal acquaintance who is 19 years of age or older for 11 no profit; 12 (15) the defendant is convicted of an offense specified in AS 11.71 and 13 the offense involved the possession of a small amount of a controlled substance for 14 personal use in the defendant's home; 15 (16) in a conviction for assault or attempted assault or for homicide or 16 attempted homicide, the defendant acted in response to domestic violence perpetrated 17 by the victim against the defendant and the domestic violence consisted of aggravated 18 or repeated instances of assaultive behavior; 19 (17) except in the case of an offense defined by AS 11.41 or AS 20 11.46.400, the defendant has been convicted of a class B or C felony, and, at the time 21 of sentencing, has successfully completed a court-ordered treatment program as 22 defined in AS 28.35.028 that was begun after the offense was committed; 23 (18) [EXCEPT IN THE CASE OF AN OFFENSE DEFINED UNDER 24 AS 11.41 OR AS 11.46.400 OR A DEFENDANT WHO HAS PREVIOUSLY BEEN 25 CONVICTED OF A FELONY,] the defendant committed the offense while suffering 26 from a mental disease or defect as defined in AS 12.47.130 that was insufficient to 27 constitute a complete defense but that significantly affected the defendant's conduct; 28 (19) the defendant is convicted of an offense under AS 11.71, and the 29 defendant sought medical assistance for another person who was experiencing a drug 30 overdose contemporaneously with the commission of the offense.