CSSB 64(JUD): "An Act relating to theft and property offenses; relating to the definition of 'prior convictions' for certain theft offenses; establishing the Alaska Criminal Justice Commission; relating to the crime of custodial interference; relating to the duties of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered treatment programs; relating to conditions of release, probation, and parole; relating to duties of the commissioner of corrections and board of parole; establishing a fund for reducing recidivism in the Department of Corrections; requiring the commissioner of corrections to establish programs for persons on conditions of release or probation that require testing for controlled substances and alcoholic beverages; requiring the board of parole to establish programs for persons on parole that require testing for controlled substances and alcoholic beverages; and providing for an effective date."
00 CS FOR SENATE BILL NO. 64(JUD) 01 "An Act relating to theft and property offenses; relating to the definition of 'prior 02 convictions' for certain theft offenses; establishing the Alaska Criminal Justice 03 Commission; relating to the crime of custodial interference; relating to the duties of the 04 Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered 05 treatment programs; relating to conditions of release, probation, and parole; relating to 06 duties of the commissioner of corrections and board of parole; establishing a fund for 07 reducing recidivism in the Department of Corrections; requiring the commissioner of 08 corrections to establish programs for persons on conditions of release or probation that 09 require testing for controlled substances and alcoholic beverages; requiring the board of 10 parole to establish programs for persons on parole that require testing for controlled 11 substances and alcoholic beverages; and providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 11.41.320(a) is amended to read: 02 (a) A person commits the crime of custodial interference in the first degree if 03 the person violates AS 11.41.330(a)(1) [AS 11.41.330] and causes the child or 04 incompetent person to be 05 (1) removed from the state; or 06 (2) kept outside the state. 07 * Sec. 2. AS 11.41.330(a) is amended to read: 08 (a) A person commits the crime of custodial interference in the second degree 09 if 10 (1) [,] being a relative of a child under 18 years of age or a relative of 11 an incompetent person and knowing that the person has no legal right to do so, the 12 person takes, entices, or keeps that child or incompetent person from a lawful 13 custodian with intent to hold the child or incompetent person for a protracted period; 14 or 15 (2) not being a relative of a child under 18 years of age or a 16 relative of an incompetent person and knowing that the person has no legal right 17 to do so, the person represents to the lawful custodian that the person has a legal 18 right to take or keep the child or incompetent person. 19 * Sec. 3. AS 11.41.330(b) is amended to read: 20 (b) The affirmative defense of necessity under AS 11.81.320 does not apply to 21 a prosecution for custodial interference under (a)(1) [(a)] of this section if the 22 protracted period for which the person held the child or incompetent person exceeded 23 the shorter of the following: 24 (1) 24 hours; or 25 (2) the time necessary to report to a peace officer or social service 26 agency that the child or incompetent person has been abused, neglected, or is in 27 imminent physical danger. 28 * Sec. 4. AS 11.46.130(a) is amended to read: 29 (a) A person commits the crime of theft in the second degree if the person 30 commits theft as defined in AS 11.46.100 and 31 (1) the value of the property or services is $750 [$500] or more but less
01 than $25,000; 02 (2) the property is a firearm or explosive; 03 (3) the property is taken from the person of another; 04 (4) the property is taken from a vessel and is vessel safety or survival 05 equipment; 06 (5) the property is taken from an aircraft and the property is aircraft 07 safety or survival equipment; 08 (6) the value of the property is $250 [$50] or more but less than $750 09 [$500] and, within the preceding five years, the person has been convicted and 10 sentenced on two or more separate occasions in this or another jurisdiction of 11 (A) an offense under AS 11.46.120, or an offense under 12 another law or ordinance with similar elements; 13 (B) a crime set out in this subsection or an offense under 14 another law or ordinance with similar elements; 15 (C) an offense under AS 11.46.140(a)(1), or an offense under 16 another law or ordinance with similar elements; or 17 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 18 offense under another law or ordinance with similar elements; or 19 (7) the property is an access device. 20 * Sec. 5. AS 11.46.140(a) is amended to read: 21 (a) A person commits the crime of theft in the third degree if the person 22 commits theft as defined in AS 11.46.100 and 23 (1) the value of the property or services is $250 [$50] or more but less 24 than $750 [$500]; or 25 (2) [REPEALED] 26 (3) the value of the property is less than $250 [$50] and, within the 27 past five years, the person has been convicted and sentenced on two or more separate 28 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 29 offense under another law or ordinance with similar elements. 30 * Sec. 6. AS 11.46.150(a) is amended to read: 31 (a) A person commits the crime of theft in the fourth degree if the person
01 commits theft as defined in AS 11.46.100 and the value of the property or services is 02 less than $250 [$50]. 03 * Sec. 7. AS 11.46.220(c) is amended to read: 04 (c) Concealment of merchandise is 05 (1) a class C felony if 06 (A) the merchandise is a firearm; 07 (B) the value of the merchandise is $750 [$500] or more; or 08 (C) the value of the merchandise is $250 [$50] or more but less 09 than $750 [$500] and, within the preceding five years, the person has been 10 convicted and sentenced on two or more separate occasions in this or another 11 jurisdiction of 12 (i) the offense of concealment of merchandise under 13 this paragraph or (2)(A) of this subsection, or an offense under another 14 law or ordinance with similar elements; or 15 (ii) an offense under AS 11.46.120, 11.46.130, or 16 11.46.140(a)(1), or an offense under another law or ordinance with 17 similar elements; 18 (2) a class A misdemeanor if 19 (A) the value of the merchandise is $250 [$50] or more but less 20 than $750 [$500]; or 21 (B) the value of the merchandise is less than $250 [$50] and, 22 within the preceding five years, the person has been convicted and sentenced 23 on two or more separate occasions of the offense of concealment of 24 merchandise or theft in any degree, or an offense under another law or 25 ordinance with similar elements; 26 (3) a class B misdemeanor if the value of the merchandise is less than 27 $250 [$50]. 28 * Sec. 8. AS 11.46.260(b) is amended to read: 29 (b) Removal of identification marks is 30 (1) a class C felony if the value of the property on which the serial 31 number or identification mark appeared is $750 [$500] or more;
01 (2) a class A misdemeanor if the value of the property on which the 02 serial number or identification mark appeared is $250 [$50] or more but less than $750 03 [$500]; 04 (3) a class B misdemeanor if the value of the property on which the 05 serial number or identification mark appeared is less than $250 [$50]. 06 * Sec. 9. AS 11.46.270(b) is amended to read: 07 (b) Unlawful possession is 08 (1) a class C felony if the value of the property on which the serial 09 number or identification mark appeared is $750 [$500] or more; 10 (2) a class A misdemeanor if the value of the property on which the 11 serial number or identification mark appeared is $250 [$50] or more but less than $750 12 [$500]; 13 (3) a class B misdemeanor if the value of the property on which the 14 serial number or identification mark appeared is less than $250 [$50]. 15 * Sec. 10. AS 11.46.280(d) is amended to read: 16 (d) Issuing a bad check is 17 (1) a class B felony if the face amount of the check is $25,000 or more; 18 (2) a class C felony if the face amount of the check is $750 [$500] or 19 more but less than $25,000; 20 (3) a class A misdemeanor if the face amount of the check is $250 21 [$50] or more but less than $750 [$500]; 22 (4) a class B misdemeanor if the face amount of the check is less than 23 $250 [$50]. 24 * Sec. 11. AS 11.46.285(b) is amended to read: 25 (b) Fraudulent use of an access device is 26 (1) a class B felony if the value of the property or services obtained is 27 $25,000 or more; 28 (2) a class C felony if the value of the property or services obtained is 29 $750 [$50] or more but less than $25,000; 30 (3) a class A misdemeanor if the value of the property or services 31 obtained is less than $750 [$50].
01 * Sec. 12. AS 11.46.295 is amended to read: 02 Sec. 11.46.295. Prior convictions. For purposes of considering prior 03 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 04 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 05 AS 11.46.220(c), 06 (1) a conviction for an offense under another law or ordinance with 07 similar elements is a conviction of an offense having elements similar to those of an 08 offense defined as such under Alaska law at the time the offense was committed; 09 (2) a conviction for an offense under Alaska law where the value of 10 the property or services for the offense was lower than the value of property or 11 services for the offense under current Alaska law, is a prior conviction for that 12 offense; and 13 (3) the [. THE] court shall consider the date of a prior conviction as 14 occurring on the date that sentence is imposed for the prior offense. 15 * Sec. 13. AS 11.46.360(a) is amended to read: 16 (a) A person commits the crime of vehicle theft in the first degree if, having 17 no right to do so or any reasonable ground to believe the person has such a right, the 18 person drives, tows away, or takes 19 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 20 of another; 21 (2) the propelled vehicle of another and 22 (A) the vehicle or any other property of another is damaged in a 23 total amount of $750 [$500] or more; 24 (B) the owner incurs reasonable expenses as a result of the loss 25 of use of the vehicle, in a total amount of $750 [$500] or more; or 26 (C) the owner is deprived of the use of the vehicle for seven 27 days or more; 28 (3) the propelled vehicle of another and the vehicle is marked as a 29 police or emergency vehicle; or 30 (4) the propelled vehicle of another and, within the preceding seven 31 years, the person was convicted under
01 (A) this section or AS 11.46.365; 02 (B) former AS 11.46.482(a)(4) or (5); 03 (C) former AS 11.46.484(a)(2); 04 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 05 of a propelled vehicle; or 06 (E) a law or ordinance of this or another jurisdiction with 07 elements substantially similar to those of an offense described in (A) - (D) of 08 this paragraph. 09 * Sec. 14. AS 11.46.482(a) is amended to read: 10 (a) A person commits the crime of criminal mischief in the third degree if, 11 having no right to do so or any reasonable ground to believe the person has such a 12 right, 13 (1) with intent to damage property of another, the person damages 14 property of another in an amount of $750 [$500] or more; 15 (2) the person recklessly creates a risk of damage in an amount 16 exceeding $100,000 to property of another by the use of widely dangerous means; or 17 (3) the person knowingly 18 (A) defaces, damages, or desecrates a cemetery or the contents 19 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 20 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 21 memorial appears to be abandoned, lost, or neglected; 22 (B) removes human remains or associated burial artifacts from 23 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 24 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 25 * Sec. 15. AS 11.46.484(a) is amended to read: 26 (a) A person commits the crime of criminal mischief in the fourth degree if, 27 having no right to do so or any reasonable ground to believe the person has such a 28 right 29 (1) with intent to damage property of another, the person damages 30 property of another in an amount of $250 [$50] or more but less than $750 [$500]; 31 (2) the person tampers with a fire protection device in a building that is
01 a public place; 02 (3) the person knowingly accesses a computer, computer system, 03 computer program, computer network, or part of a computer system or network; 04 (4) the person uses a device to descramble an electronic signal that has 05 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 06 device is used only to descramble signals received directly from a satellite or unless 07 the person owned the device before September 18, 1984; or 08 (5) the person knowingly removes, relocates, defaces, alters, obscures, 09 shoots at, destroys, or otherwise tampers with an official traffic control device or 10 damages the work upon a highway under construction. 11 * Sec. 16. AS 11.46.486(a) is amended to read: 12 (a) A person commits the crime of criminal mischief in the fifth degree if, 13 having no right to do so or any reasonable ground to believe the person has such a 14 right, 15 (1) with reckless disregard for the risk of harm to or loss of the 16 property or with intent to cause substantial inconvenience to another, the person 17 tampers with property of another; 18 (2) with intent to damage property of another, the person damages 19 property of another in an amount less than $250 [$50]; or 20 (3) the person rides in a propelled vehicle knowing it has been stolen 21 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 22 * Sec. 17. AS 11.46.530(b) is amended to read: 23 (b) Criminal simulation is 24 (1) a class C felony if the value of what the object purports to represent 25 is $750 [$500] or more; 26 (2) a class A misdemeanor if the value of what the object purports to 27 represent is $250 [$50] or more but less than $750 [$500]; 28 (3) a class B misdemeanor if the value of what the object purports to 29 represent is less than $250 [$50]. 30 * Sec. 18. AS 11.46.620(d) is amended to read: 31 (d) Misapplication of property is
01 (1) a class C felony if the value of the property misapplied is $750 02 [$500] or more; 03 (2) a class A misdemeanor if the value of the property misapplied is 04 less than $750 [$500]. 05 * Sec. 19. AS 11.46.730(c) is amended to read: 06 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 07 judgment creditor, or creditor incurs a pecuniary loss of $750 [$500] or more as a 08 result to the defendant's conduct, in which case defrauding secured creditors is 09 (1) a class B felony if the loss is $25,000 or more; 10 (2) a class C felony if the loss is $750 [$500] or more but less than 11 $25,000. 12 * Sec. 20. AS 12.30.011(b) is amended to read: 13 (b) If a judicial officer determines that the release under (a) of this section will 14 not reasonably assure the appearance of the person or will pose a danger to the victim, 15 other persons, or the community, the officer shall impose the least restrictive condition 16 or conditions that will reasonably assure the person's appearance and protect the 17 victim, other persons, and the community. In addition to conditions under (a) of this 18 section, the judicial officer may, singly or in combination, 19 (1) require the execution of an appearance bond in a specified amount 20 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 21 of the amount of the bond; 22 (2) require the execution of a bail bond with sufficient solvent sureties 23 or the deposit of cash; 24 (3) require the execution of a performance bond in a specified amount 25 of cash to be deposited in the registry of the court; 26 (4) place restrictions on the person's travel, association, or residence; 27 (5) order the person to refrain from possessing a deadly weapon on the 28 person or in the person's vehicle or residence; 29 (6) require the person to maintain employment or, if unemployed, 30 actively seek employment; 31 (7) require the person to notify the person's lawyer and the prosecuting
01 authority within two business days after any change in employment; 02 (8) require the person to avoid all contact with a victim, a potential 03 witness, or a codefendant; 04 (9) require the person to refrain from the consumption and possession 05 of alcoholic beverages; 06 (10) require the person to refrain from the use of a controlled substance 07 as defined by AS 11.71, unless prescribed by a licensed health care provider with 08 prescriptive authority; 09 (11) require the person to be physically inside the person's residence, 10 or in the residence of the person's third-party custodian, at time periods set by the 11 court; 12 (12) require the person to keep regular contact with a law enforcement 13 officer or agency; 14 (13) order the person to refrain from entering or remaining in premises 15 licensed under AS 04; 16 (14) place the person in the custody of an individual who agrees to 17 serve as a third-party custodian of the person as provided in AS 12.30.021; 18 (15) if the person is under the treatment of a licensed health care 19 provider, order the person to follow the provider's treatment recommendations; 20 (16) order the person to take medication that has been prescribed for 21 the person by a licensed health care provider with prescriptive authority; 22 (17) order the person to comply with any other condition that is 23 reasonably necessary to assure the appearance of the person and to assure the safety of 24 the victim, other persons, and the community; 25 (18) require the person to comply with a program established 26 under AS 33.05.020(g) if the person has been charged with an alcohol-related or 27 substance abuse-related offense that is an unclassified felony, a class A felony, a 28 sexual felony, or a crime involving domestic violence. 29 * Sec. 21. AS 12.30.016(b) is amended to read: 30 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 31 AS 28.35.030, or 28.35.032, a judicial officer may order the person
01 (1) to refrain from 02 (A) consuming alcoholic beverages; or 03 (B) possessing on the person, in the person's residence, or in 04 any vehicle or other property over which the person has control, alcoholic 05 beverages; 06 (2) to submit to a search without a warrant of the person, the person's 07 personal property, the person's residence, or any vehicle or other property over which 08 the person has control, for the presence of alcoholic beverages by a peace officer who 09 has reasonable suspicion that the person is violating the conditions of the person's 10 release by possessing alcoholic beverages; 11 (3) to submit to a breath test when requested by a law enforcement 12 officer; 13 (4) to provide a sample for a urinalysis or blood test when requested by 14 a law enforcement officer; 15 (5) to take a drug or combination of drugs intended to prevent 16 substance abuse; 17 (6) to follow any treatment plan imposed by the court under 18 AS 28.35.028; 19 (7) to comply with a program established under AS 33.05.020(g) 20 requiring testing for controlled substances and alcoholic beverages. 21 * Sec. 22. AS 12.30.016(c) is amended to read: 22 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 23 officer may order the person 24 (1) to refrain from 25 (A) consuming a controlled substance; or 26 (B) possessing on the person, in the person's residence, or in 27 any vehicle or other property over which the person has control, a controlled 28 substance or drug paraphernalia; 29 (2) to submit to a search without a warrant of the person, the person's 30 personal property, the person's residence, or any vehicle or other property over which 31 the person has control, for the presence of a controlled substance or drug paraphernalia
01 by a peace officer who has reasonable suspicion that the person is violating the terms 02 of the person's release by possessing controlled substances or drug paraphernalia; 03 (3) to enroll in a random drug testing program, at the person's expense, 04 to detect the presence of a controlled substance, with testing to occur not less than 05 once a week, and with the results being submitted to the court and the prosecuting 06 authority; 07 (4) to refrain from entering or remaining in a place where a controlled 08 substance is being used, manufactured, grown, or distributed; 09 (5) to refrain from being physically present at, within a two-block area 10 of, or within a designated area near, the location where the alleged offense occurred or 11 at other designated places, unless the person actually resides within that area; or 12 (6) to refrain from the use or possession of an inhalant; 13 (7) to comply with a program established under AS 33.05.020(g) 14 requiring testing for controlled substances and alcoholic beverages. 15 * Sec. 23. AS 12.55.027(c) is amended to read: 16 (c) To qualify for credit against a sentence of imprisonment for a day [TIME] 17 spent in a treatment program, the treatment program and the facility of the treatment 18 program must impose substantial restrictions on a person's liberty on that day that are 19 equivalent to incarceration, including the requirement that a participant in the program 20 (1) must live in a residential facility operated by the program; 21 (2) must be confined at all times to the grounds of the facility or be in 22 the physical custody of an employee of the facility, except for 23 (A) court appearances; 24 (B) [,] meetings with counsel; 25 (C) employment, vocational training, or community 26 volunteer [, AND] work required by the treatment program [AND 27 APPROVED IN ADVANCE BY THE COURT]; and 28 (D) periods during which residents are permitted to leave 29 the facility for rehabilitative purposes directly related to the person's 30 treatment, so long as the periods during which the residents are permitted 31 to leave the facility are expressly limited as to both time and purpose by
01 the treatment program; 02 (3) is subject to disciplinary sanctions by the program if the participant 03 violates rules of the program and facility; sanctions must be in writing and available 04 for court review; and 05 (4) is subject to immediate arrest, without warrant, if the participant 06 leaves the facility without permission. 07 * Sec. 24. AS 12.55.100(a) is amended to read: 08 (a) While on probation and among the conditions of probation, the defendant 09 may be required 10 (1) to pay a fine in one or several sums; 11 (2) to make restitution or reparation to aggrieved parties for actual 12 damages or loss caused by the crime for which conviction was had, including 13 compensation to a victim that is a nonprofit organization for the value of labor or 14 goods provided by volunteers if the labor or goods were necessary to alleviate or 15 mitigate the effects of the defendant's crime; 16 (3) to provide for the support of any persons for whose support the 17 defendant is legally responsible; 18 (4) to perform community work in accordance with AS 12.55.055; 19 (5) to participate in or comply with the treatment plan of an inpatient 20 or outpatient rehabilitation program specified by either the court or the defendant's 21 probation officer that is related to the defendant's offense or to the defendant's 22 rehabilitation; and 23 (6) to satisfy the screening, evaluation, referral, and program 24 requirements of an agency authorized by the court to make referrals for rehabilitative 25 treatment or to provide rehabilitative treatment; 26 (7) to comply with a program established under AS 33.05.020(g) 27 requiring testing for controlled substances and alcoholic beverages. 28 * Sec. 25. AS 22.20 is amended by adding a new section to article 4 to read: 29 Sec. 22.20.210. Alaska Criminal Justice Commission. The judicial council 30 shall provide staff and administrative support to the Alaska Criminal Justice 31 Commission established in AS 44.19.641.
01 * Sec. 26. AS 33.05.020 is amended by adding new subsections to read: 02 (f) The commissioner shall establish a program for offenders on probation for 03 a felony offense who have conditions of probation that include not consuming 04 controlled substances or alcoholic beverages and who have been identified as being at 05 moderate to high risk as identified by a risk-needs assessment. The commissioner shall 06 adopt regulations to implement the program. The program shall 07 (1) include random testing for controlled substances and alcoholic 08 beverage use; 09 (2) require that the probation officer file a petition with the court 10 seeking appropriate sanctions by the close of the next business day if a probationer 11 (A) fails to appear for an appointment as directed by the 12 probation officer; or 13 (B) tests positive for the use of controlled substances, inhalants, 14 or alcoholic beverages; and 15 (3) include a means to notify the court, by the close of the next 16 business day, that a petition to revoke probation has been filed on a probationer placed 17 in the program by the commissioner so that the court may review the petition, 18 schedule a prompt hearing, address a request for a warrant provided by the probation 19 officer, or take other action the court considers appropriate. 20 (g) The commissioner shall establish a program for certain persons with 21 release conditions ordered as provided under AS 12.30, or offenders with conditions 22 of probation, that include not consuming controlled substances or alcoholic beverages. 23 The commissioner shall adopt regulations to implement the program. The 24 commissioner shall include in the program 25 (1) a requirement for twice-a-day testing, in person if practicable, for 26 alcoholic beverage use and random testing for controlled substances; 27 (2) a means to provide the probation officer, prosecutor's office, or 28 local law enforcement agency with notice within 24 hours, so that a complaint may be 29 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 30 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 31 or an arrest warrant may be issued for the person on release or offender with
01 conditions of probation provided in this subsection, if the person or offender 02 (A) fails to appear for an appointment as required by the 03 program requirements; or 04 (B) tests positive for the use of controlled substances or 05 alcoholic beverages; and 06 (3) a requirement that the person or offender pay, based on the person's 07 or offender's ability under financial guidelines established by the commissioner, for 08 the cost of participating in the program. 09 * Sec. 27. AS 33.16.060 is amended by adding a new subsection to read: 10 (c) The board shall establish a program for a parolee who has conditions of 11 parole that include not consuming controlled substances or alcoholic beverages and 12 who has been identified as being at moderate to high risk as identified by a risk-needs 13 assessment. The program must 14 (1) include random testing for controlled substance and alcoholic 15 beverage use; 16 (2) require that a parole officer file a parole violation report by the 17 close of the next business day if a parolee 18 (A) fails to appear for an appointment as directed by the parole 19 officer; or 20 (B) tests positive for the use of controlled substances or 21 alcoholic beverages; and 22 (3) include a means to notify the board by the close of the next 23 business day that a parole violation report has been filed on a parolee placed in the 24 program by the board. 25 * Sec. 28. AS 33.16.150(b) is amended to read: 26 (b) The board may require as a condition of special medical, discretionary, or 27 mandatory parole, or a member of the board acting for the board under (e) of this 28 section may require as a condition of mandatory parole, that a prisoner released on 29 parole 30 (1) not possess or control a defensive weapon, a deadly weapon other 31 than an ordinary pocket knife with a blade three inches or less in length, or
01 ammunition for a firearm, or reside in a residence where there is a firearm capable of 02 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 03 weapon," "defensive weapon," and "firearm" have the meanings given in 04 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 05 (2) refrain from possessing or consuming alcoholic beverages; 06 (3) submit to reasonable searches and seizures by a parole officer, or a 07 peace officer acting under the direction of a parole officer; 08 (4) submit to appropriate medical, mental health, or controlled 09 substance or alcohol examination, treatment, or counseling; 10 (5) submit to periodic examinations designed to detect the use of 11 alcohol or controlled substances; the periodic examinations may include testing 12 under the program established under AS 33.16.060(c); 13 (6) make restitution ordered by the court according to a schedule 14 established by the board; 15 (7) refrain from opening, maintaining, or using a checking account or 16 charge account; 17 (8) refrain from entering into a contract other than a prenuptial contract 18 or a marriage contract; 19 (9) refrain from operating a motor vehicle; 20 (10) refrain from entering an establishment where alcoholic beverages 21 are served, sold, or otherwise dispensed; 22 (11) refrain from participating in any other activity or conduct 23 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 24 current circumstances, or perceived risk to the community, or from associating with 25 any other person that the board determines is reasonably likely to diminish the 26 rehabilitative goals of parole, or that may endanger the public; in the case of special 27 medical parole, for a prisoner diagnosed with a communicable disease, comply with 28 conditions set by the board designed to prevent the transmission of the disease. 29 * Sec. 29. AS 33.30.011 is amended to read: 30 Sec. 33.30.011. Duties of commissioner. The commissioner shall 31 (1) establish, maintain, operate, and control correctional facilities
01 suitable for the custody, care, and discipline of persons charged or convicted of 02 offenses against the state or held under authority of state law; each correctional facility 03 operated by the state shall be established, maintained, operated, and controlled in a 04 manner that is consistent with AS 33.30.015; 05 (2) classify prisoners; 06 (3) for persons committed to the custody of the commissioner, 07 establish programs, including furlough programs that are reasonably calculated to 08 (A) protect the public and the victims of crimes committed by 09 prisoners; 10 (B) maintain health; 11 (C) create or improve occupational skills; 12 (D) enhance educational qualifications; 13 (E) support court-ordered restitution; and 14 (F) otherwise provide for the rehabilitation and reformation of 15 prisoners, facilitating their reintegration into society; 16 (4) provide necessary 17 (A) medical services for prisoners in correctional facilities or 18 who are committed by a court to the custody of the commissioner, including 19 examinations for communicable and infectious diseases; 20 (B) psychological or psychiatric treatment if a physician or 21 other health care provider, exercising ordinary skill and care at the time of 22 observation, concludes that 23 (i) a prisoner exhibits symptoms of a serious disease or 24 injury that is curable or may be substantially alleviated; and 25 (ii) the potential for harm to the prisoner by reason of 26 delay or denial of care is substantial; 27 (5) establish minimum standards for sex offender treatment programs 28 offered to persons who are committed to the custody of the commissioner; [AND] 29 (6) provide for fingerprinting in correctional facilities in accordance 30 with AS 12.80.060; and 31 (7) establish a program to conduct assessments of the risks and
01 needs of offenders sentenced to serve a term of incarceration of 30 days or more. 02 * Sec. 30. AS 33.30 is amended by adding a new section to read: 03 Sec. 33.30.045. Recidivism reduction grant program and fund. (a) The 04 recidivism reduction fund is established in the general fund to promote the 05 rehabilitation through transitional re-entry programs of persons incarcerated for 06 offenses and recently released from correctional facilities. The fund consists of money 07 appropriated to the fund. 08 (b) Appropriations to the fund do not lapse. 09 (c) The commissioner may make grants from the fund for programs that have, 10 as a primary focus, rehabilitation and reduction of recidivism through transitional re- 11 entry for persons incarcerated for offenses and recently released from correctional 12 facilities. To qualify for a grant under this section, a program shall 13 (1) include case management; 14 (2) require sober living; 15 (3) provide, on-site or by referral, residential treatment for substance 16 abuse or mental health treatment; 17 (4) require employment, vocational training, or community volunteer 18 work as approved by the director of the treatment program; and 19 (5) limit residential placements in the program to a maximum of one 20 year. 21 (d) The commissioner shall prepare an annual report on the fund and grant 22 program, and notify the legislature on or before January 15 of each year that the report 23 is available. The report must include the balance of the fund, a summary of the grants 24 provided from the fund, and the effects on recidivism for program participants. 25 * Sec. 31. AS 44.19 is amended by adding new sections to read: 26 Article 6. Alaska Criminal Justice Commission. 27 Sec. 44.19.641. Creation of commission. The Alaska Criminal Justice 28 Commission is established in the Office of the Governor. 29 Sec. 44.19.642. Membership; staff. (a) The commission consists of 12 30 members as follows: 31 (1) the chief justice of the Alaska Supreme Court or another active or
01 retired justice of the supreme court or an active or retired judge of the court of appeals 02 designated by the chief justice; 03 (2) an active or retired superior court judge designated by the chief 04 justice for a three-year term; 05 (3) an active or retired district court judge designated by the chief 06 justice for a three-year term; 07 (4) a member of the Alaska Native community designated by the 08 Alaska Native Justice Center for a three-year term; 09 (5) the attorney general or a designee of the attorney general; 10 (6) the public defender or a designee of the public defender; 11 (7) a private attorney appointed by the governor for a three-year term; 12 (8) a chief of a municipal law enforcement agency appointed by the 13 governor for a three-year term; 14 (9) two nonvoting members, serving ex officio, who are members of 15 the senate appointed by the president of the senate, and one of whom is a member of 16 the minority caucus of the senate; and 17 (10) two nonvoting members, serving ex officio, who are members of 18 the house of representatives appointed by the speaker of the house of representatives, 19 and one of whom is a member of the minority caucus of the house of representatives. 20 (b) A member appointed under (a)(7) or (8) of this section serves at the 21 pleasure of the governor and may be reappointed. 22 (c) The commission shall, by majority vote of the membership, elect a chair 23 and other officers it considers necessary from among its membership to serve on a 24 yearly basis. 25 (d) The Alaska Judicial Council shall provide staff and administrative support 26 to the commission. 27 Sec. 44.19.643. Compensation. Members of the commission serve without 28 compensation but are entitled to per diem and travel expenses authorized for boards 29 and commissions under AS 39.20.180. 30 Sec. 44.19.644. Meetings. A majority of the members constitutes a quorum for 31 conducting business and exercising the powers of the commission. The commission
01 shall meet at least quarterly, at the call of the chair, at the request of the majority of the 02 members, or at a regularly scheduled time as determined by a majority of the 03 members. The commission shall keep a record of its proceedings and make these 04 records available for public inspection. 05 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 06 shall evaluate the effect of sentencing laws and practices on the criminal justice 07 system to evaluate whether sentences provide for protection of the public, community 08 condemnation of the offender, the rights of victims of crimes, restitution from the 09 offender, and the principle of reformation. The commission shall make 10 recommendations for improving criminal sentencing practices. In formulating its 11 recommendations, the commission shall consider 12 (1) statutes and court rules related to sentencing of criminal defendants 13 in misdemeanor and felony cases; 14 (2) sentencing practices of the judiciary, including use of presumptive 15 sentences; 16 (3) means of promoting uniformity and proportionality in sentencing; 17 (4) alternatives to traditional forms of incarceration; 18 (5) the use of parole and probation in sentencing criminal defendants 19 and to ensure public safety; 20 (6) the adequacy, availability, and effectiveness of treatment and 21 rehabilitation programs; 22 (7) crime and incarceration rates, including the rate of violent crime, in 23 this state compared to other states, and best practices adopted by other states that have 24 proven to be successful in reducing recidivism; 25 (8) the relationship between sentencing priorities and correctional 26 resources; 27 (9) truth and certainty in statutes and sentencing practices; and 28 (10) the effectiveness of the state's current methodologies for the 29 collection and dissemination of criminal justice data. 30 (b) The commission may 31 (1) select and retain the services of consultants whose advice is
01 considered necessary to assist the commission in obtaining information; 02 (2) accumulate and compile information concerning sentencing 03 practices; and 04 (3) recommend legislative and administrative action on sentencing 05 practices. 06 Sec. 44.19.646. Methodology. In making recommendations, the commission 07 shall 08 (1) solicit and consider information and views from a variety of 09 constituencies to represent the broad spectrum of views that exist with respect to 10 possible approaches to sentencing criminals in the state; and 11 (2) base recommendations on the following factors: 12 (A) the seriousness of each offense in relation to other offenses; 13 (B) the effect of an offender's prior criminal history on 14 sentencing; 15 (C) the need to rehabilitate criminal offenders; 16 (D) the need to confine offenders to prevent harm to the public; 17 (E) the extent to which criminal offenses harm victims and 18 endanger the public safety and order; 19 (F) the effect of sentencing in deterring an offender or other 20 members of society from future criminal conduct; 21 (G) the effect of sentencing as a community condemnation of 22 criminal acts and as a reaffirmation of societal norms; 23 (H) the elimination of unjustified disparity in sentences; 24 (I) the resources available to agencies in the criminal justice 25 system; and 26 (J) the effect of sentencing on reducing the rate of recidivism in 27 the state. 28 Sec. 44.19.647. Annual report and recommendations. The commission shall 29 submit to the governor and the legislature an annual report of its proceedings for the 30 previous calendar year and may submit recommendations for legislative and 31 administrative action. Reports and recommendations provided under this section shall
01 be submitted not later than January 1 of each year. 02 Sec. 44.19.649. Definition. In AS 44.19.641 - 44.19.649, "commission" means 03 the Alaska Criminal Justice Commission. 04 * Sec. 32. AS 22.20.210; AS 44.19.641, 44.19.642, 44.19.643, 44.19.644, 44.19.645, 05 44.19.646, 44.19.647, and 44.19.649 are repealed June 30, 2019. 06 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. (a) AS 11.41.320(a), as amended by sec. 1 of this Act, 09 AS 11.41.330(a), as amended by sec. 2 of this Act, AS 11.41.330(b), as amended by sec. 3 of 10 this Act, AS 11.46.130(a), as amended by sec. 4 of this Act, AS 11.46.140(a), as amended by 11 sec. 5 of this Act, AS 11.46.150(a), as amended by sec. 6 of this Act, AS 11.46.220(c), as 12 amended by sec. 7 of this Act, AS 11.46.260(b), as amended by sec. 8 of this Act, 13 AS 11.46.270(b), as amended by sec. 9 of this Act, AS 11.46.280(d), as amended by sec. 10 14 of this Act, AS 11.46.285(b), as amended by sec. 11 of this Act, AS 11.46.295, as amended 15 by sec. 12 of this Act, AS 11.46.360(a), as amended by sec. 13 of this Act, AS 11.46.482(a), 16 as amended by sec. 14 of this Act, AS 11.46.484(a), as amended by sec. 15 of this Act, 17 AS 11.46.486(a), as amended by sec. 16 of this Act, AS 11.46.530(b), as amended by sec. 17 18 of this Act, AS 11.46.620(d), as amended by sec. 18 of this Act, AS 11.46.730(c), as amended 19 by sec. 19 of this Act, AS 12.30.011(b), as amended by sec. 20 of this Act, AS 12.30.016(b), 20 as amended by sec. 21 of this Act, AS 12.30.016(c), as amended by sec. 22 of this Act, and 21 AS 12.55.027(c), as amended by sec. 23 of this Act apply to offenses occurring on or after the 22 effective date of secs. 1 - 28 and 30 - 34 of this Act. 23 (b) The changes made to AS 12.55.100(a), as amended by sec. 24 of this Act, 24 AS 33.05.020, as amended by sec. 26 of this Act, AS 33.16.060, as amended by sec. 27 of this 25 Act, and AS 33.16.150(b), as amended by sec. 28 of this Act, apply to convictions occurring 26 before, on, or after the effective date of secs. 1 - 28 and 30 - 34 of this Act for offenses 27 occurring before, on, or after the effective date of secs. 1 - 28 and 30 - 34 of this Act. 28 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITIONAL PROVISIONS. The initial designations and appointments to the 31 Alaska Criminal Justice Commission under AS 44.19.642, added by sec. 31 of this Act, shall
01 be made and the first meeting of the commission shall be held not later than September 30, 02 2014. The first report required under AS 44.19.647, added by sec. 31 of this Act, shall be 03 submitted not later than February 1, 2016. 04 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITIONAL PROVISIONS: REGULATIONS. (a) The Department of 07 Corrections may adopt regulations necessary to implement AS 33.05.020(f) and (g), added by 08 sec. 26 of this Act. 09 (b) The board of parole may adopt regulations necessary to implement 10 AS 33.16.060(c), added by sec. 27 of this Act, and AS 33.16.150(b), as amended by sec. 28 of 11 this Act. 12 (c) The regulations adopted under (a) and (b) of this section take effect under 13 AS 44.62 (Administrative Procedure Act), but not before July 1, 2014. 14 * Sec. 36. Section 29 of this Act takes effect January 1, 2016. 15 * Sec. 37. Section 35 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 38. Sections 1 - 28 and 30 - 34 of this Act take effect July 1, 2014.