CSSB 64(STA): "An Act establishing the Alaska Sentencing Commission; relating to jail-time credit for offenders in court-ordered treatment programs; allowing a reduction of penalties for offenders successfully completing court-ordered treatment programs for persons convicted of driving while under the influence or refusing to submit to a chemical test; relating to court termination of a revocation of a person's driver's license; relating to limitation of drivers' licenses; relating to restoration of a driver's license; relating to conditions of probation and parole; and providing for an effective date."
00 CS FOR SENATE BILL NO. 64(STA) 01 "An Act establishing the Alaska Sentencing Commission; relating to jail-time credit for 02 offenders in court-ordered treatment programs; allowing a reduction of penalties for 03 offenders successfully completing court-ordered treatment programs for persons 04 convicted of driving while under the influence or refusing to submit to a chemical test; 05 relating to court termination of a revocation of a person's driver's license; relating to 06 limitation of drivers' licenses; relating to restoration of a driver's license; relating to 07 conditions of probation and parole; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 12.55.027(c) is amended to read: 10 (c) To qualify for credit against a sentence of imprisonment for time spent in a 11 treatment program, the treatment program and the facility of the treatment program 12 must impose substantial restrictions on a person's liberty that are equivalent to 13 incarceration, including the requirement that a participant in the program
01 (1) must live in a residential facility operated by the program; 02 (2) must be confined at all times to the grounds of the facility or be in 03 the physical custody of an employee of the facility, except for court appearances, 04 meetings with counsel, or periods during which residents are permitted to leave 05 the facility, so long as the periods during which the residents are permitted to 06 leave the facility are expressly limited as to both time and purpose [AND WORK 07 REQUIRED BY THE TREATMENT PROGRAM AND APPROVED IN ADVANCE 08 BY THE COURT]; 09 (3) is subject to disciplinary sanctions by the program if the participant 10 violates rules of the program and facility; sanctions must be in writing and available 11 for court review; and 12 (4) is subject to immediate arrest, without warrant, if the participant 13 leaves the facility without permission. 14 * Sec. 2. AS 22.20 is amended by adding new sections to read: 15 Article 7. Sentencing Commission. 16 Sec. 22.20.500. Creation of commission. The Alaska Sentencing Commission 17 is established in the Office of the Governor. 18 Sec. 22.20.510. Membership; staff. (a) The commission consists of 17 19 members as follows: 20 (1) three members of the senate appointed by the president of the 21 senate, one of whom shall be a member of the minority caucus of the senate; 22 (2) three members of the house of representatives appointed by the 23 speaker of the house of representatives, one of whom shall be a member of the 24 minority caucus of the house of representatives; 25 (3) the chief justice of the Alaska Supreme Court or another active or 26 retired justice of the supreme court or an active or retired judge of the court of appeals 27 designated by the chief justice; 28 (4) an active or retired superior court judge designated by the chief 29 justice for a three-year term; 30 (5) an active or retired district court judge designated by the chief 31 justice for a three-year term;
01 (6) a member of the Alaska Native community appointed by the 02 governor for a three-year term; 03 (7) the attorney general or a designee of the attorney general; 04 (8) the commissioner of corrections or a deputy commissioner 05 designated by the commissioner; 06 (9) the commissioner of public safety or a deputy commissioner 07 designated by the commissioner; 08 (10) the commissioner of health and social services or a deputy 09 commissioner designated by the commissioner; 10 (11) the director of the Public Defender Agency or a deputy public 11 defender designated by the director; 12 (12) the director of the office of public advocacy or deputy director 13 designated by the director; and 14 (13) a victims' rights advocate appointed by the governor for a three- 15 year term. 16 (b) A member appointed under (a)(6) or (13) of this section serves at the 17 pleasure of the governor and may be reappointed. 18 (c) The commission shall, by majority vote of the membership, elect a chair 19 and other officers it considers necessary from among its membership to serve on a 20 yearly basis. 21 (d) The Office of the Governor shall provide staff and administrative support 22 to the commission. 23 Sec. 22.20.520. Compensation. Members of the commission serve without 24 compensation but are entitled to per diem and travel expenses authorized for boards 25 and commissions under AS 39.20.180. 26 Sec. 22.20.530. Meetings. A majority of the members constitutes a quorum for 27 conducting business and exercising the powers of the commission. The commission 28 shall meet at least quarterly, at the call of the chair, at the request of the majority of the 29 members, or at a regularly scheduled time as determined by a majority of the 30 members. The commission shall keep a record of its proceedings and make these 31 records available for public inspection.
01 Sec. 22.20.540. Powers and duties of the commission. (a) The commission 02 shall evaluate the effect of sentencing laws and practices on the criminal justice 03 system to evaluate whether sentences provide for protection of the public, community 04 condemnation of the offender, the rights of victims of crimes, restitution from the 05 offender, and the principle of reformation. The commission shall make 06 recommendations for improving criminal sentencing practices and, in so doing, the 07 commission shall consider 08 (1) statutes and court rules related to sentencing of criminal defendants 09 in misdemeanor and felony cases; 10 (2) sentencing practices of the judiciary, including use of presumptive 11 sentences; 12 (3) means of promoting uniformity and proportionality in sentencing; 13 (4) alternatives to traditional forms of incarceration; 14 (5) the use of parole and probation in sentencing criminal defendants 15 and to ensure public safety; 16 (6) the adequacy, availability, and effectiveness of treatment and 17 rehabilitation programs; 18 (7) crime and incarceration rates, including the rate of violent crime, in 19 this state compared to other states, and best practices adopted by other states that have 20 proven to be successful in reducing recidivism; 21 (8) the relationship between sentencing priorities and correctional 22 resources; 23 (9) truth and certainty in statutes and sentencing practices; and 24 (10) the effectiveness of the state's current methodologies for the 25 collection and dissemination of criminal justice data. 26 (b) The commission may 27 (1) select and retain the services of consultants whose advice is 28 considered necessary to assist the commission in obtaining information; 29 (2) accumulate and compile information concerning sentencing 30 practices; and 31 (3) recommend legislative and administrative action on sentencing
01 practices. 02 Sec. 22.20.550. Methodology. In making recommendations, the commission 03 shall 04 (1) solicit and consider information and views from a variety of 05 constituencies to represent the broad spectrum of views that exist with respect to 06 possible approaches to sentencing criminals in the state; and 07 (2) base recommendations on the following factors: 08 (A) the seriousness of each offense in relation to other offenses; 09 (B) the effect of an offender's prior criminal history on 10 sentencing; 11 (C) the need to rehabilitate criminal offenders; 12 (D) the need to confine offenders to prevent harm to the public; 13 (E) the extent to which criminal offenses harm victims and 14 endanger the public safety and order; 15 (F) the effect of sentencing in deterring an offender or other 16 members of society from future criminal conduct; 17 (G) the effect of sentencing as a community condemnation of 18 criminal acts and as a reaffirmation of societal norms; 19 (H) the elimination of unjustified disparity in sentences; 20 (I) the resources available to agencies in the criminal justice 21 system; and 22 (J) the effect of sentencing on reducing the rate of recidivism in 23 the state. 24 Sec. 22.20.560. Annual report and recommendations. The commission shall 25 submit to the governor and the legislature an annual report of its proceedings for the 26 previous calendar year and may submit recommendations for legislative and 27 administrative action. Reports and recommendations provided under this section shall 28 be submitted not later than January 1 of each year. 29 Sec. 22.20.570. Definition. In AS 22.20.500 - 22.20.570, "commission" means 30 the Alaska Sentencing Commission. 31 * Sec. 3. AS 28.15.181(f) is amended to read:
01 (f) The court may terminate a revocation for an offense described in (a)(5) or 02 (8) of this section if 03 (1) either 04 (A) the person's license, privilege to drive, or privilege to 05 obtain a license has been revoked for the minimum periods set out in (c) of this 06 section; or 07 (B) the person 08 (i) has successfully completed a court-ordered 09 treatment program under AS 28.35.028; 10 (ii) has not been charged with or convicted of a 11 violation of AS 28.35.030 or 28.35.032, or a similar municipal 12 ordinance, since completing the program; and 13 (iii) has been granted limited license privileges under 14 AS 28.15.201(g) and has successfully driven under that limited 15 license for the minimum period provided in AS 28.15.201(g)(3); and 16 (2) the person complies with the provisions of AS 28.15.211(d) and 17 (e). 18 * Sec. 4. AS 28.15.201 is amended by adding a new subsection to read: 19 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 20 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), may grant 21 limited license privileges if 22 (1) the revocation was for a conviction under AS 28.35.030 or 23 28.35.032 or a similar municipal ordinance; 24 (2) the person is participating in a court-ordered treatment program 25 under AS 28.35.028; 26 (3) the court grants the limited license privileges as provided in this 27 section for, at a minimum, either 28 (A) the period of revocation while the person is participating in 29 a court-ordered treatment program under AS 28.35.028; or 30 (B) five years, for a person convicted under AS 28.35.030(n) or 31 AS 28.35.032(p), including the period of revocation while the person was
01 participating in a court-ordered treatment program under AS 28.35.028; 02 (4) the person provides proof of insurance as required by AS 28.20.230 03 and 28.20.240; 04 (5) the person agrees to totally abstain from the use of alcoholic 05 beverages, inhalants, and controlled substances; and 06 (6) the person agrees to participate in and pay the cost of testing, as 07 ordered by the court, for the use of any of those substances. 08 (h) The court shall immediately revoke a limited license granted under (g) of 09 this section if the person 10 (1) is charged with or convicted of a violation of AS 28.35.030 or 11 28.35.032 or a similar law or ordinance of this or another jurisdiction; or 12 (2) tests positive under (g)(6) of this section for the use of alcoholic 13 beverages, inhalants, or controlled substances. 14 * Sec. 5. AS 28.35.028(b) is amended to read: 15 (b) Once the court elects to proceed under this section, the defendant shall 16 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 17 as appropriate. The state and the defendant may enter into a plea agreement to 18 determine the offense or offenses to which the defendant is required to plead. If the 19 court accepts the agreement, the court shall enforce the terms of the agreement. The 20 court shall enter a judgment of conviction for the offense or offenses for which the 21 defendant has pleaded or an order finding that the defendant has violated probation, as 22 appropriate. A judgment of conviction or an order finding a probation violation must 23 set a schedule for payment of restitution owed by the defendant. In a judgment of 24 conviction and on probation conditions that the court considers appropriate, the court 25 may withhold pronouncement of a period of imprisonment or a fine to provide an 26 incentive for the defendant to complete recommended treatment successfully. 27 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 28 mandatory minimum or other sentencing provision applicable to the offense. 29 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 30 other provision of law, the court, at any time after the period when a reduction of 31 sentence is normally available, may consider and reduce the defendant's sentence,
01 including imprisonment, fine, or license revocation, based on the defendant's 02 compliance with the treatment plan; when reducing a sentence, the court (1) may not 03 reduce the sentence below the mandatory minimum sentence for the offense unless the 04 court finds that the defendant has successfully complied with and completed the 05 treatment plan and that the treatment plan approximated the severity of the minimum 06 period of imprisonment, and (2) may consider the defendant's compliance with the 07 treatment plan as a mitigating factor allowing a reduction of a sentence under 08 AS 12.55.155(a). A court entering an order finding the defendant has violated 09 probation may withhold pronouncement of disposition to provide an incentive for the 10 defendant to complete the recommended treatment successfully. 11 * Sec. 6. AS 28.35.030(o) is amended to read: 12 (o) Upon request, the department shall review a driver's license revocation 13 imposed under (n)(3) of this section and 14 (1) may restore the driver's license if 15 (A) [(1)] the license has been revoked for a period of at least 10 16 years; 17 (B) [(2)] the person has not been convicted of a criminal 18 offense since the license was revoked; and 19 (C) [(3)] the person provides proof of financial responsibility; 20 (2) shall restore the driver's license if 21 (A) the person has been granted limited license privileges 22 under AS 28.15.201(g) and has successfully driven under that limited 23 license for at least five years without having the limited license privileges 24 revoked; 25 (B) the person has not been convicted of a criminal offense 26 since the license was revoked; and 27 (C) the person provides proof of financial responsibility. 28 * Sec. 7. AS 28.35.032(q) is amended to read: 29 (q) Upon request, the department shall review a driver's license revocation 30 imposed under (p)(3) of this section and 31 (1) may restore the driver's license if
01 (A) [(1)] the license has been revoked for a period of at least 10 02 years; 03 (B) [(2)] the person has not been convicted of a criminal 04 offense since the license was revoked; and 05 (C) [(3)] the person provides proof of financial responsibility; 06 (2) shall restore the driver's license if 07 (A) the person has been granted limited license privileges 08 under AS 28.15.201(g) and has successfully driven under that limited 09 license for at least five years without having the limited license privileges 10 revoked; 11 (B) the person has not been convicted of a criminal offense 12 since the license was revoked; and 13 (C) the person provides proof of financial responsibility. 14 * Sec. 8. AS 33.05.020 is amended by adding a new subsection to read: 15 (f) The commissioner shall establish a program and eligibility requirements 16 for certain offenders with conditions of probation that include not consuming 17 controlled substances, inhalants, or alcoholic beverages and who have been identified 18 as a high risk for violating their conditions of probation. The program shall 19 (1) include random urinalysis testing for controlled substance, inhalant, 20 and alcohol use; 21 (2) require that the probation officer file a petition to revoke probation 22 by the close of the next business day if a probationer 23 (A) fails to appear for an appointment as directed by the 24 probation officer; 25 (B) tests positive for the use of controlled substances, inhalants, 26 or alcoholic beverages; or 27 (C) fails to follow any condition of probation ordered by the 28 court; and 29 (3) include a means to provide the court with prompt notice that a 30 petition to revoke probation has been filed on a probationer placed in the program by 31 the commissioner so that the court may review the petition, schedule a prompt hearing,
01 address a request for a warrant provided by the probation officer, or take other action 02 the court considers appropriate. 03 * Sec. 9. AS 33.16.060 is amended by adding a new subsection to read: 04 (c) The board shall establish a program for certain offenders with conditions 05 of parole that include not consuming controlled substances, inhalants, or alcoholic 06 beverages and who have been identified as a high risk for violating their conditions of 07 parole. The program must 08 (1) include random urinalysis testing for controlled substance, inhalant, 09 and alcohol use; 10 (2) require that a parole officer file a petition to revoke parole by the 11 close of the next business day if a parolee 12 (A) fails to appear for an appointment as directed by the 13 probation officer; 14 (B) tests positive for the use of controlled substances, inhalants, 15 or alcoholic beverages; or 16 (C) fails to follow any condition of probation ordered by the 17 court; and 18 (3) include a means to provide the board with prompt notice that a 19 petition to revoke parole has been filed on a parolee placed in the program by the 20 board so that the board may review the petition, schedule a prompt hearing, address a 21 request for a warrant provided by the parole officer, or take other action the board 22 considers appropriate. 23 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. (a) The change made to AS 12.55.027(c), as amended by sec. 1 of 26 this Act, applies to offenses occurring on or after the effective date of this Act. 27 (b) The change made to AS 28.15.181(f), as amended by sec. 3 of this Act, the 28 changes made to AS 28.15.201, added by sec. 4 of this Act, the change made to 29 AS 28.35.028(b), as amended by sec. 5 of this Act, the changes made to AS 28.35.030(o), as 30 amended by sec. 6 of this Act, and the changes made to AS 28.35.032(q), as amended by sec. 31 7 of this Act, apply to convictions occurring before, on, or after the effective date of this Act
01 for offenses occurring before, on, or after the effective date of this Act. 02 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITIONAL PROVISIONS. The initial designations and appointments to the 05 Alaska Sentencing Commission under AS 22.20.510, added by sec. 2 of this Act, shall be 06 made and the first meeting of the commission shall be held not later than September 30, 2014. 07 The first report required under AS 22.20.560, added by sec. 2 of this Act, shall be submitted 08 not later than February 1, 2016. 09 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).