CSSB 64(FIN): "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 and providing an expiration date; 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 Health and Social Services; requiring the commissioner of health and social services 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; relating to the duties of the Department of Health and Social Services; and providing for an effective date."
00 CS FOR SENATE BILL NO. 64(FIN) 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 and providing an expiration date; relating to the crime of custodial 04 interference; relating to the duties of the Alaska Judicial Council; relating to jail-time 05 credit for offenders in court-ordered treatment programs; relating to conditions of 06 release, probation, and parole; relating to duties of the commissioner of corrections and 07 board of parole; establishing a fund for reducing recidivism in the Department of 08 Health and Social Services; requiring the commissioner of health and social services to 09 establish programs for persons on conditions of release or probation that require testing 10 for controlled substances and alcoholic beverages; requiring the board of parole to 11 establish programs for persons on parole that require testing for controlled substances 12 and alcoholic beverages; relating to the duties of the Department of Health and Social
01 Services; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.320(a) is amended to read: 04 (a) A person commits the crime of custodial interference in the first degree if 05 the person violates AS 11.41.330(a)(1) [AS 11.41.330] and causes the child or 06 incompetent person to be 07 (1) removed from the state; or 08 (2) kept outside the state. 09 * Sec. 2. AS 11.41.330(a) is amended to read: 10 (a) A person commits the crime of custodial interference in the second degree 11 if 12 (1) [,] being a relative of a child under 18 years of age or a relative of 13 an incompetent person and knowing that the person has no legal right to do so, the 14 person takes, entices, or keeps that child or incompetent person from a lawful 15 custodian with intent to hold the child or incompetent person for a protracted period; 16 or 17 (2) not being a relative of a child under 18 years of age or a 18 relative of an incompetent person and knowing that the person has no legal right 19 to do so, the person represents to the lawful custodian that the person has a legal 20 right to take or keep the child or incompetent person. 21 * Sec. 3. AS 11.41.330(b) is amended to read: 22 (b) The affirmative defense of necessity under AS 11.81.320 does not apply to 23 a prosecution for custodial interference under (a)(1) [(a)] of this section if the 24 protracted period for which the person held the child or incompetent person exceeded 25 the shorter of the following: 26 (1) 24 hours; or 27 (2) the time necessary to report to a peace officer or social service 28 agency that the child or incompetent person has been abused, neglected, or is in 29 imminent physical danger. 30 * Sec. 4. AS 11.46.130(a) is amended to read:
01 (a) A person commits the crime of theft in the second degree if the person 02 commits theft as defined in AS 11.46.100 and 03 (1) the value of the property or services is $1,200 [$500] or more but 04 less than $25,000; 05 (2) the property is a firearm or explosive; 06 (3) the property is taken from the person of another; 07 (4) the property is taken from a vessel and is vessel safety or survival 08 equipment; 09 (5) the property is taken from an aircraft and the property is aircraft 10 safety or survival equipment; 11 (6) the value of the property is $250 [$50] or more but less than $1,200 12 [$500] and, within the preceding five years, the person has been convicted and 13 sentenced on two or more separate occasions in this or another jurisdiction of 14 (A) an offense under AS 11.46.120, or an offense under 15 another law or ordinance with similar elements; 16 (B) a crime set out in this subsection or an offense under 17 another law or ordinance with similar elements; 18 (C) an offense under AS 11.46.140(a)(1), or an offense under 19 another law or ordinance with similar elements; or 20 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 21 offense under another law or ordinance with similar elements; or 22 (7) the property is an access device. 23 * Sec. 5. AS 11.46.140(a) is amended to read: 24 (a) A person commits the crime of theft in the third degree if the person 25 commits theft as defined in AS 11.46.100 and 26 (1) the value of the property or services is $250 [$50] or more but less 27 than $1,200 [$500]; or 28 (2) [REPEALED] 29 (3) the value of the property is less than $250 [$50] and, within the 30 past five years, the person has been convicted and sentenced on two or more separate 31 occasions in this or another jurisdiction of theft or concealment of merchandise, or an
01 offense under another law or ordinance with similar elements. 02 * Sec. 6. AS 11.46.150(a) is amended to read: 03 (a) A person commits the crime of theft in the fourth degree if the person 04 commits theft as defined in AS 11.46.100 and the value of the property or services is 05 less than $250 [$50]. 06 * Sec. 7. AS 11.46.220(c) is amended to read: 07 (c) Concealment of merchandise is 08 (1) a class C felony if 09 (A) the merchandise is a firearm; 10 (B) the value of the merchandise is $1,200 [$500] or more; or 11 (C) the value of the merchandise is $250 [$50] or more but less 12 than $1,200 [$500] and, within the preceding five years, the person has been 13 convicted and sentenced on two or more separate occasions in this or another 14 jurisdiction of 15 (i) the offense of concealment of merchandise under 16 this paragraph or (2)(A) of this subsection, or an offense under another 17 law or ordinance with similar elements; or 18 (ii) an offense under AS 11.46.120, 11.46.130, or 19 11.46.140(a)(1), or an offense under another law or ordinance with 20 similar elements; 21 (2) a class A misdemeanor if 22 (A) the value of the merchandise is $250 [$50] or more but less 23 than $1,200 [$500]; or 24 (B) the value of the merchandise is less than $250 [$50] and, 25 within the preceding five years, the person has been convicted and sentenced 26 on two or more separate occasions of the offense of concealment of 27 merchandise or theft in any degree, or an offense under another law or 28 ordinance with similar elements; 29 (3) a class B misdemeanor if the value of the merchandise is less than 30 $250 [$50]. 31 * Sec. 8. AS 11.46.260(b) is amended to read:
01 (b) Removal of identification marks is 02 (1) a class C felony if the value of the property on which the serial 03 number or identification mark appeared is $1,200 [$500] or more; 04 (2) a class A misdemeanor if the value of the property on which the 05 serial number or identification mark appeared is $250 [$50] or more but less than 06 $1,200 [$500]; 07 (3) a class B misdemeanor if the value of the property on which the 08 serial number or identification mark appeared is less than $250 [$50]. 09 * Sec. 9. AS 11.46.270(b) is amended to read: 10 (b) Unlawful possession is 11 (1) a class C felony if the value of the property on which the serial 12 number or identification mark appeared is $1,200 [$500] or more; 13 (2) a class A misdemeanor if the value of the property on which the 14 serial number or identification mark appeared is $250 [$50] or more but less than 15 $1,200 [$500]; 16 (3) a class B misdemeanor if the value of the property on which the 17 serial number or identification mark appeared is less than $250 [$50]. 18 * Sec. 10. AS 11.46.280(d) is amended to read: 19 (d) Issuing a bad check is 20 (1) a class B felony if the face amount of the check is $25,000 or more; 21 (2) a class C felony if the face amount of the check is $1,200 [$500] or 22 more but less than $25,000; 23 (3) a class A misdemeanor if the face amount of the check is $250 24 [$50] or more but less than $1,200 [$500]; 25 (4) a class B misdemeanor if the face amount of the check is less than 26 $250 [$50]. 27 * Sec. 11. AS 11.46.285(b) is amended to read: 28 (b) Fraudulent use of an access device is 29 (1) a class B felony if the value of the property or services obtained is 30 $25,000 or more; 31 (2) a class C felony if the value of the property or services obtained is
01 $1,200 [$50] or more but less than $25,000; 02 (3) a class A misdemeanor if the value of the property or services 03 obtained is less than $1,200 [$50]. 04 * Sec. 12. AS 11.46.295 is amended to read: 05 Sec. 11.46.295. Prior convictions. For purposes of considering prior 06 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 07 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under 08 AS 11.46.220(c), 09 (1) a conviction for an offense under another law or ordinance with 10 similar elements is a conviction of an offense having elements similar to those of an 11 offense defined as such under Alaska law at the time the offense was committed; 12 (2) a conviction for an offense under Alaska law where the value of 13 the property or services for the offense was lower than the value of property or 14 services for the offense under current Alaska law, is a prior conviction for that 15 offense; and 16 (3) the [. THE] court shall consider the date of a prior conviction as 17 occurring on the date that sentence is imposed for the prior offense. 18 * Sec. 13. AS 11.46.360(a) is amended to read: 19 (a) A person commits the crime of vehicle theft in the first degree if, having 20 no right to do so or any reasonable ground to believe the person has such a right, the 21 person drives, tows away, or takes 22 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 23 of another; 24 (2) the propelled vehicle of another and 25 (A) the vehicle or any other property of another is damaged in a 26 total amount of $1,200 [$500] or more; 27 (B) the owner incurs reasonable expenses as a result of the loss 28 of use of the vehicle, in a total amount of $1,200 [$500] or more; or 29 (C) the owner is deprived of the use of the vehicle for seven 30 days or more; 31 (3) the propelled vehicle of another and the vehicle is marked as a
01 police or emergency vehicle; or 02 (4) the propelled vehicle of another and, within the preceding seven 03 years, the person was convicted under 04 (A) this section or AS 11.46.365; 05 (B) former AS 11.46.482(a)(4) or (5); 06 (C) former AS 11.46.484(a)(2); 07 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 08 of a propelled vehicle; or 09 (E) a law or ordinance of this or another jurisdiction with 10 elements substantially similar to those of an offense described in (A) - (D) of 11 this paragraph. 12 * Sec. 14. AS 11.46.482(a) is amended to read: 13 (a) A person commits the crime of criminal mischief in the third degree if, 14 having no right to do so or any reasonable ground to believe the person has such a 15 right, 16 (1) with intent to damage property of another, the person damages 17 property of another in an amount of $1,200 [$500] or more; 18 (2) the person recklessly creates a risk of damage in an amount 19 exceeding $100,000 to property of another by the use of widely dangerous means; or 20 (3) the person knowingly 21 (A) defaces, damages, or desecrates a cemetery or the contents 22 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 23 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 24 memorial appears to be abandoned, lost, or neglected; 25 (B) removes human remains or associated burial artifacts from 26 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 27 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 28 * Sec. 15. AS 11.46.484(a) is amended to read: 29 (a) A person commits the crime of criminal mischief in the fourth degree if, 30 having no right to do so or any reasonable ground to believe the person has such a 31 right
01 (1) with intent to damage property of another, the person damages 02 property of another in an amount of $250 [$50] or more but less than $1,200 [$500]; 03 (2) the person tampers with a fire protection device in a building that is 04 a public place; 05 (3) the person knowingly accesses a computer, computer system, 06 computer program, computer network, or part of a computer system or network; 07 (4) the person uses a device to descramble an electronic signal that has 08 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 09 device is used only to descramble signals received directly from a satellite or unless 10 the person owned the device before September 18, 1984; or 11 (5) the person knowingly removes, relocates, defaces, alters, obscures, 12 shoots at, destroys, or otherwise tampers with an official traffic control device or 13 damages the work upon a highway under construction. 14 * Sec. 16. AS 11.46.486(a) is amended to read: 15 (a) A person commits the crime of criminal mischief in the fifth degree if, 16 having no right to do so or any reasonable ground to believe the person has such a 17 right, 18 (1) with reckless disregard for the risk of harm to or loss of the 19 property or with intent to cause substantial inconvenience to another, the person 20 tampers with property of another; 21 (2) with intent to damage property of another, the person damages 22 property of another in an amount less than $250 [$50]; or 23 (3) the person rides in a propelled vehicle knowing it has been stolen 24 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 25 * Sec. 17. AS 11.46.530(b) is amended to read: 26 (b) Criminal simulation is 27 (1) a class C felony if the value of what the object purports to represent 28 is $1,200 [$500] or more; 29 (2) a class A misdemeanor if the value of what the object purports to 30 represent is $250 [$50] or more but less than $1,200 [$500]; 31 (3) a class B misdemeanor if the value of what the object purports to
01 represent is less than $250 [$50]. 02 * Sec. 18. AS 11.46.620(d) is amended to read: 03 (d) Misapplication of property is 04 (1) a class C felony if the value of the property misapplied is $1,200 05 [$500] or more; 06 (2) a class A misdemeanor if the value of the property misapplied is 07 less than $1,200 [$500]. 08 * Sec. 19. AS 11.46.730(c) is amended to read: 09 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 10 judgment creditor, or creditor incurs a pecuniary loss of $1,200 [$500] or more as a 11 result to the defendant's conduct, in which case defrauding secured creditors is 12 (1) a class B felony if the loss is $25,000 or more; 13 (2) a class C felony if the loss is $1,200 [$500] or more but less than 14 $25,000. 15 * Sec. 20. AS 12.30.011(b) is amended to read: 16 (b) If a judicial officer determines that the release under (a) of this section will 17 not reasonably assure the appearance of the person or will pose a danger to the victim, 18 other persons, or the community, the officer shall impose the least restrictive condition 19 or conditions that will reasonably assure the person's appearance and protect the 20 victim, other persons, and the community. In addition to conditions under (a) of this 21 section, the judicial officer may, singly or in combination, 22 (1) require the execution of an appearance bond in a specified amount 23 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 24 of the amount of the bond; 25 (2) require the execution of a bail bond with sufficient solvent sureties 26 or the deposit of cash; 27 (3) require the execution of a performance bond in a specified amount 28 of cash to be deposited in the registry of the court; 29 (4) place restrictions on the person's travel, association, or residence; 30 (5) order the person to refrain from possessing a deadly weapon on the 31 person or in the person's vehicle or residence;
01 (6) require the person to maintain employment or, if unemployed, 02 actively seek employment; 03 (7) require the person to notify the person's lawyer and the prosecuting 04 authority within two business days after any change in employment; 05 (8) require the person to avoid all contact with a victim, a potential 06 witness, or a codefendant; 07 (9) require the person to refrain from the consumption and possession 08 of alcoholic beverages; 09 (10) require the person to refrain from the use of a controlled substance 10 as defined by AS 11.71, unless prescribed by a licensed health care provider with 11 prescriptive authority; 12 (11) require the person to be physically inside the person's residence, 13 or in the residence of the person's third-party custodian, at time periods set by the 14 court; 15 (12) require the person to keep regular contact with a law enforcement 16 officer or agency; 17 (13) order the person to refrain from entering or remaining in premises 18 licensed under AS 04; 19 (14) place the person in the custody of an individual who agrees to 20 serve as a third-party custodian of the person as provided in AS 12.30.021; 21 (15) if the person is under the treatment of a licensed health care 22 provider, order the person to follow the provider's treatment recommendations; 23 (16) order the person to take medication that has been prescribed for 24 the person by a licensed health care provider with prescriptive authority; 25 (17) order the person to comply with any other condition that is 26 reasonably necessary to assure the appearance of the person and to assure the safety of 27 the victim, other persons, and the community; 28 (18) require the person to comply with a program established 29 under AS 47.38.020 if the person has been charged with an alcohol-related or 30 substance abuse-related offense that is an unclassified felony, a class A felony, a 31 sexual felony, or a crime involving domestic violence.
01 * Sec. 21. AS 12.30.016(b) is amended to read: 02 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 03 AS 28.35.030, or 28.35.032, a judicial officer may order the person 04 (1) to refrain from 05 (A) consuming alcoholic beverages; or 06 (B) possessing on the person, in the person's residence, or in 07 any vehicle or other property over which the person has control, alcoholic 08 beverages; 09 (2) to submit to a search without a warrant of the person, the person's 10 personal property, the person's residence, or any vehicle or other property over which 11 the person has control, for the presence of alcoholic beverages by a peace officer who 12 has reasonable suspicion that the person is violating the conditions of the person's 13 release by possessing alcoholic beverages; 14 (3) to submit to a breath test when requested by a law enforcement 15 officer; 16 (4) to provide a sample for a urinalysis or blood test when requested by 17 a law enforcement officer; 18 (5) to take a drug or combination of drugs intended to prevent 19 substance abuse; 20 (6) to follow any treatment plan imposed by the court under 21 AS 28.35.028; 22 (7) to comply with a program established under AS 47.38.020. 23 * Sec. 22. AS 12.30.016(c) is amended to read: 24 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 25 officer may order the person 26 (1) to refrain from 27 (A) consuming a controlled substance; or 28 (B) possessing on the person, in the person's residence, or in 29 any vehicle or other property over which the person has control, a controlled 30 substance or drug paraphernalia; 31 (2) to submit to a search without a warrant of the person, the person's
01 personal property, the person's residence, or any vehicle or other property over which 02 the person has control, for the presence of a controlled substance or drug paraphernalia 03 by a peace officer who has reasonable suspicion that the person is violating the terms 04 of the person's release by possessing controlled substances or drug paraphernalia; 05 (3) to enroll in a random drug testing program, at the person's expense, 06 to detect the presence of a controlled substance, with testing to occur not less than 07 once a week, and with the results being submitted to the court and the prosecuting 08 authority; 09 (4) to refrain from entering or remaining in a place where a controlled 10 substance is being used, manufactured, grown, or distributed; 11 (5) to refrain from being physically present at, within a two-block area 12 of, or within a designated area near, the location where the alleged offense occurred or 13 at other designated places, unless the person actually resides within that area; or 14 (6) to refrain from the use or possession of an inhalant; 15 (7) to comply with a program established under AS 47.38.020. 16 * Sec. 23. AS 12.55.027(c) is amended to read: 17 (c) To qualify for credit against a sentence of imprisonment for a day [TIME] 18 spent in a treatment program, the treatment program and the facility of the treatment 19 program must impose substantial restrictions on a person's liberty on that day that are 20 equivalent to incarceration, including the requirement that a participant in the program 21 (1) must live in a residential facility operated by the program; 22 (2) must be confined at all times to the grounds of the facility or be in 23 the physical custody of an employee of the facility, except for 24 (A) court appearances; 25 (B) [,] meetings with counsel; 26 (C) employment, vocational training, or community 27 volunteer [, AND] work required by the treatment program [AND 28 APPROVED IN ADVANCE BY THE COURT]; and 29 (D) periods during which residents are permitted to leave 30 the facility for rehabilitative purposes directly related to the person's 31 treatment, so long as the periods during which the residents are permitted
01 to leave the facility are expressly limited as to both time and purpose by 02 the treatment program; 03 (3) is subject to disciplinary sanctions by the program if the participant 04 violates rules of the program and facility; sanctions must be in writing and available 05 for court review; and 06 (4) is subject to immediate arrest, without warrant, if the participant 07 leaves the facility without permission. 08 * Sec. 24. AS 12.55.100(a) is amended to read: 09 (a) While on probation and among the conditions of probation, the defendant 10 may be required 11 (1) to pay a fine in one or several sums; 12 (2) to make restitution or reparation to aggrieved parties for actual 13 damages or loss caused by the crime for which conviction was had, including 14 compensation to a victim that is a nonprofit organization for the value of labor or 15 goods provided by volunteers if the labor or goods were necessary to alleviate or 16 mitigate the effects of the defendant's crime; 17 (3) to provide for the support of any persons for whose support the 18 defendant is legally responsible; 19 (4) to perform community work in accordance with AS 12.55.055; 20 (5) to participate in or comply with the treatment plan of an inpatient 21 or outpatient rehabilitation program specified by either the court or the defendant's 22 probation officer that is related to the defendant's offense or to the defendant's 23 rehabilitation; and 24 (6) to satisfy the screening, evaluation, referral, and program 25 requirements of an agency authorized by the court to make referrals for rehabilitative 26 treatment or to provide rehabilitative treatment; 27 (7) to comply with a program established under AS 47.38.020. 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 a new subsection 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 * Sec. 27. AS 33.16.060 is amended by adding a new subsection to read: 21 (c) The board shall establish a program for a parolee who has conditions of 22 parole that include not consuming controlled substances or alcoholic beverages and 23 who has been identified as being at moderate to high risk as identified by a risk-needs 24 assessment. The program must 25 (1) include random testing for controlled substance and alcoholic 26 beverage use; 27 (2) require that a parole officer file a parole violation report by the 28 close of the next business day if a parolee 29 (A) fails to appear for an appointment as directed by the parole 30 officer; or 31 (B) tests positive for the use of controlled substances or
01 alcoholic beverages; and 02 (3) include a means to notify the board by the close of the next 03 business day that a parole violation report has been filed on a parolee placed in the 04 program by the board. 05 * Sec. 28. AS 33.16.150(b) is amended to read: 06 (b) The board may require as a condition of special medical, discretionary, or 07 mandatory parole, or a member of the board acting for the board under (e) of this 08 section may require as a condition of mandatory parole, that a prisoner released on 09 parole 10 (1) not possess or control a defensive weapon, a deadly weapon other 11 than an ordinary pocket knife with a blade three inches or less in length, or 12 ammunition for a firearm, or reside in a residence where there is a firearm capable of 13 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 14 weapon," "defensive weapon," and "firearm" have the meanings given in 15 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 16 (2) refrain from possessing or consuming alcoholic beverages; 17 (3) submit to reasonable searches and seizures by a parole officer, or a 18 peace officer acting under the direction of a parole officer; 19 (4) submit to appropriate medical, mental health, or controlled 20 substance or alcohol examination, treatment, or counseling; 21 (5) submit to periodic examinations designed to detect the use of 22 alcohol or controlled substances; the periodic examinations may include testing 23 under the program established under AS 33.16.060(c); 24 (6) make restitution ordered by the court according to a schedule 25 established by the board; 26 (7) refrain from opening, maintaining, or using a checking account or 27 charge account; 28 (8) refrain from entering into a contract other than a prenuptial contract 29 or a marriage contract; 30 (9) refrain from operating a motor vehicle; 31 (10) refrain from entering an establishment where alcoholic beverages
01 are served, sold, or otherwise dispensed; 02 (11) refrain from participating in any other activity or conduct 03 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 04 current circumstances, or perceived risk to the community, or from associating with 05 any other person that the board determines is reasonably likely to diminish the 06 rehabilitative goals of parole, or that may endanger the public; in the case of special 07 medical parole, for a prisoner diagnosed with a communicable disease, comply with 08 conditions set by the board designed to prevent the transmission of the disease. 09 * Sec. 29. AS 33.30.011 is amended to read: 10 Sec. 33.30.011. Duties of commissioner. The commissioner shall 11 (1) establish, maintain, operate, and control correctional facilities 12 suitable for the custody, care, and discipline of persons charged or convicted of 13 offenses against the state or held under authority of state law; each correctional facility 14 operated by the state shall be established, maintained, operated, and controlled in a 15 manner that is consistent with AS 33.30.015; 16 (2) classify prisoners; 17 (3) for persons committed to the custody of the commissioner, 18 establish programs, including furlough programs that are reasonably calculated to 19 (A) protect the public and the victims of crimes committed by 20 prisoners; 21 (B) maintain health; 22 (C) create or improve occupational skills; 23 (D) enhance educational qualifications; 24 (E) support court-ordered restitution; and 25 (F) otherwise provide for the rehabilitation and reformation of 26 prisoners, facilitating their reintegration into society; 27 (4) provide necessary 28 (A) medical services for prisoners in correctional facilities or 29 who are committed by a court to the custody of the commissioner, including 30 examinations for communicable and infectious diseases; 31 (B) psychological or psychiatric treatment if a physician or
01 other health care provider, exercising ordinary skill and care at the time of 02 observation, concludes that 03 (i) a prisoner exhibits symptoms of a serious disease or 04 injury that is curable or may be substantially alleviated; and 05 (ii) the potential for harm to the prisoner by reason of 06 delay or denial of care is substantial; and 07 (C) assessment or screening of the risks and needs of 08 offenders who may be vulnerable to harm, exploitation, or recidivism as a 09 result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or 10 another brain-based disorder; 11 (5) establish minimum standards for sex offender treatment programs 12 offered to persons who are committed to the custody of the commissioner; [AND] 13 (6) provide for fingerprinting in correctional facilities in accordance 14 with AS 12.80.060; and 15 (7) establish a program to conduct assessments of the risks and 16 needs of offenders sentenced to serve a term of incarceration of 30 days or more. 17 * Sec. 30. AS 44.19 is amended by adding new sections to read: 18 Article 6. Alaska Criminal Justice Commission. 19 Sec. 44.19.641. Creation of commission. The Alaska Criminal Justice 20 Commission is established in the Office of the Governor. 21 Sec. 44.19.642. Membership; staff. (a) The commission consists of 10 22 members as follows: 23 (1) the chief justice of the Alaska Supreme Court or another active or 24 retired justice of the supreme court or an active or retired judge of the court of appeals 25 designated by the chief justice; 26 (2) an active or retired superior court judge designated by the chief 27 justice for a three-year term; 28 (3) an active or retired district court judge designated by the chief 29 justice for a three-year term; 30 (4) a member of the Alaska Native community designated by the 31 Alaska Native Justice Center for a three-year term;
01 (5) the attorney general or a designee of the attorney general; 02 (6) the public defender or a designee of the public defender; 03 (7) a private attorney appointed by the governor for a three-year term; 04 (8) a chief of a municipal law enforcement agency appointed by the 05 governor for a three-year term; 06 (9) one nonvoting member, serving ex officio, who is a member of the 07 senate appointed by the president of the senate; and 08 (10) one nonvoting member, serving ex officio, who is a member of 09 the house of representatives appointed by the speaker of the house of representatives. 10 (b) A member appointed under (a)(7) or (8) of this section serves at the 11 pleasure of the governor and may be reappointed. 12 (c) The commission shall, by majority vote of the membership, elect a chair 13 and other officers it considers necessary from among its membership to serve on a 14 yearly basis. 15 (d) The Alaska Judicial Council shall provide staff and administrative support 16 to the commission. 17 Sec. 44.19.643. Compensation. Members of the commission serve without 18 compensation but are entitled to per diem and travel expenses authorized for boards 19 and commissions under AS 39.20.180. 20 Sec. 44.19.644. Meetings. A majority of the members constitutes a quorum for 21 conducting business and exercising the powers of the commission. The commission 22 shall meet at least quarterly, at the call of the chair, at the request of the majority of the 23 members, or at a regularly scheduled time as determined by a majority of the 24 members. The commission shall keep a record of its proceedings and make these 25 records available for public inspection. 26 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 27 shall evaluate the effect of sentencing laws and practices on the criminal justice 28 system to evaluate whether sentences provide for protection of the public, community 29 condemnation of the offender, the rights of victims of crimes, restitution from the 30 offender, and the principle of reformation. The commission shall make 31 recommendations for improving criminal sentencing practices. In formulating its
01 recommendations, the commission shall consider 02 (1) statutes and court rules related to sentencing of criminal defendants 03 in misdemeanor and felony cases; 04 (2) sentencing practices of the judiciary, including use of presumptive 05 sentences; 06 (3) means of promoting uniformity and proportionality in sentencing; 07 (4) alternatives to traditional forms of incarceration; 08 (5) the use of parole and probation in sentencing criminal defendants 09 and to ensure public safety; 10 (6) the adequacy, availability, and effectiveness of treatment and 11 rehabilitation programs; 12 (7) crime and incarceration rates, including the rate of violent crime, in 13 this state compared to other states, and best practices adopted by other states that have 14 proven to be successful in reducing recidivism; 15 (8) the relationship between sentencing priorities and correctional 16 resources; 17 (9) truth and certainty in statutes and sentencing practices; and 18 (10) the effectiveness of the state's current methodologies for the 19 collection and dissemination of criminal justice data. 20 (b) The commission may 21 (1) select and retain the services of consultants whose advice is 22 considered necessary to assist the commission in obtaining information; 23 (2) accumulate and compile information concerning sentencing 24 practices; and 25 (3) recommend legislative and administrative action on sentencing 26 practices. 27 Sec. 44.19.646. Methodology. In making recommendations, the commission 28 shall 29 (1) solicit and consider information and views from a variety of 30 constituencies to represent the broad spectrum of views that exist with respect to 31 possible approaches to sentencing criminals in the state; and
01 (2) base recommendations on the following factors: 02 (A) the seriousness of each offense in relation to other offenses; 03 (B) the effect of an offender's prior criminal history on 04 sentencing; 05 (C) the need to rehabilitate criminal offenders; 06 (D) the need to confine offenders to prevent harm to the public; 07 (E) the extent to which criminal offenses harm victims and 08 endanger the public safety and order; 09 (F) the effect of sentencing in deterring an offender or other 10 members of society from future criminal conduct; 11 (G) the effect of sentencing as a community condemnation of 12 criminal acts and as a reaffirmation of societal norms; 13 (H) the elimination of unjustified disparity in sentences; 14 (I) the resources available to agencies in the criminal justice 15 system; and 16 (J) the effect of sentencing on reducing the rate of recidivism in 17 the state. 18 Sec. 44.19.647. Annual report and recommendations. The commission shall 19 submit to the governor and the legislature an annual report of its proceedings for the 20 previous calendar year and may submit recommendations for legislative and 21 administrative action. Reports and recommendations provided under this section shall 22 be submitted not later than January 1 of each year. 23 Sec. 44.19.649. Definition. In AS 44.19.641 - 44.19.649, "commission" means 24 the Alaska Criminal Justice Commission. 25 * Sec. 31. AS 44.66.010(a) is amended by adding a new paragraph to read: 26 (10) Alaska Criminal Justice Commission (AS 44.19.642) - June 30, 27 2018. 28 * Sec. 32. AS 47 is amended by adding a new chapter to read: 29 Chapter 38. Alcohol and Substance Abuse Accountability. 30 Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released 31 on Bail or on Probation.
01 Sec. 47.38.010. Cooperation with the Department of Corrections. The 02 department shall cooperate with the Department of Corrections in establishing and 03 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 04 abusers, and inhalant abusers who are on conditions of release as provided in 05 AS 12.30 or on probation. 06 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 07 commissioner, in cooperation with the commissioner of corrections, shall establish a 08 program for certain persons with release conditions ordered as provided under 09 AS 12.30, or offenders with conditions of probation, that include not consuming 10 controlled substances or alcoholic beverages. 11 (b) The commissioner shall adopt regulations to implement the program. 12 (c) The commissioner shall include in the program 13 (1) a requirement for twice-a-day testing, in person if practicable, for 14 alcoholic beverage use and random testing for controlled substances; 15 (2) a means to provide the probation officer, prosecutor's office, or 16 local law enforcement agency with notice within 24 hours, so that a complaint may be 17 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 18 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 19 or an arrest warrant may be issued for the person on release or offender with 20 conditions of probation provided in this subsection, if the person or offender 21 (A) fails to appear for an appointment as required by the 22 program requirements; or 23 (B) tests positive for the use of controlled substances or 24 alcoholic beverages; and 25 (3) a requirement that the person or offender pay, based on the person's 26 or offender's ability under financial guidelines established by the commissioner, for 27 the cost of participating in the program. 28 (d) The department shall provide or conduct the testing required under (c) of 29 this section. 30 Article 2. Recidivism Reduction Grant Program. 31 Sec. 47.38.100. Recidivism reduction grant program and fund. (a) The
01 recidivism reduction fund is established in the general fund to promote the 02 rehabilitation through transitional re-entry programs of persons incarcerated for 03 offenses and recently released from correctional facilities. The fund consists of money 04 appropriated to the fund. 05 (b) Appropriations to the fund do not lapse. 06 (c) The commissioner, in cooperation with the commissioner of corrections, 07 may make grants from the fund for programs that the commissioner of corrections 08 determines have, as a primary focus, rehabilitation and reduction of recidivism 09 through transitional re-entry for persons incarcerated for offenses and recently 10 released from correctional facilities. To qualify for a grant under this section, a 11 program shall 12 (1) include case management; 13 (2) require sober living; 14 (3) provide, on-site or by referral, treatment for substance abuse or 15 mental health treatment; 16 (4) require employment, educational programming, vocational 17 training, or community volunteer work as approved by the director of the treatment 18 program; and 19 (5) limit residential placements in the program to a maximum of one 20 year. 21 (d) The commissioner and the commissioner of corrections shall prepare a 22 joint annual report on the fund and grant program, and notify the legislature on or 23 before January 15 of each year that the report is available. The report must include the 24 balance of the fund, a summary of the grants provided from the fund, and the effects 25 on recidivism for program participants. 26 Article 3. General Provisions. 27 Sec. 47.38.199. Definitions. In this chapter, 28 (1) "commissioner" means the commissioner of health and social 29 services; 30 (2) "department" means the Department of Health and Social Services. 31 * Sec. 33. AS 22.20.210 is repealed June 30, 2018.
01 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) AS 11.41.320(a), as amended by sec. 1 of this Act, 04 AS 11.41.330(a), as amended by sec. 2 of this Act, AS 11.41.330(b), as amended by sec. 3 of 05 this Act, AS 11.46.130(a), as amended by sec. 4 of this Act, AS 11.46.140(a), as amended by 06 sec. 5 of this Act, AS 11.46.150(a), as amended by sec. 6 of this Act, AS 11.46.220(c), as 07 amended by sec. 7 of this Act, AS 11.46.260(b), as amended by sec. 8 of this Act, 08 AS 11.46.270(b), as amended by sec. 9 of this Act, AS 11.46.280(d), as amended by sec. 10 09 of this Act, AS 11.46.285(b), as amended by sec. 11 of this Act, AS 11.46.295, as amended 10 by sec. 12 of this Act, AS 11.46.360(a), as amended by sec. 13 of this Act, AS 11.46.482(a), 11 as amended by sec. 14 of this Act, AS 11.46.484(a), as amended by sec. 15 of this Act, 12 AS 11.46.486(a), as amended by sec. 16 of this Act, AS 11.46.530(b), as amended by sec. 17 13 of this Act, AS 11.46.620(d), as amended by sec. 18 of this Act, AS 11.46.730(c), as amended 14 by sec. 19 of this Act, AS 12.30.011(b), as amended by sec. 20 of this Act, AS 12.30.016(b), 15 as amended by sec. 21 of this Act, AS 12.30.016(c), as amended by sec. 22 of this Act, and 16 AS 12.55.027(c), as amended by sec. 23 of this Act apply to offenses occurring on or after the 17 effective date of secs. 1 - 28 and 30 - 34 of this Act. 18 (b) The changes made to AS 12.55.100(a), as amended by sec. 24 of this Act, 19 AS 33.05.020, as amended by sec. 26 of this Act, AS 33.16.060, as amended by sec. 27 of this 20 Act, and AS 33.16.150(b), as amended by sec. 28 of this Act, AS 47.38.020, as enacted by 21 sec. 32 of this Act, apply to convictions occurring before, on, or after the effective date of 22 secs. 1 - 28 and 30 - 34 of this Act for offenses occurring before, on, or after the effective date 23 of secs. 1 - 28 and 30 - 34 of this Act. 24 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITIONAL PROVISIONS. The initial designations and appointments to the 27 Alaska Criminal Justice Commission under AS 44.19.642, added by sec. 30 of this Act, shall 28 be made and the first meeting of the commission shall be held not later than September 30, 29 2014. The first report required under AS 44.19.647, added by sec. 30 of this Act, shall be 30 submitted not later than February 1, 2016. 31 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITIONAL PROVISIONS: REGULATIONS. (a) The Department of 03 Corrections may adopt regulations necessary to implement AS 33.05.020(f), added by sec. 26 04 of this Act. 05 (b) The board of parole may adopt regulations necessary to implement 06 AS 33.16.060(c), added by sec. 27 of this Act, and AS 33.16.150(b), as amended by sec. 28 of 07 this Act. 08 (c) The Department of Health and Social Services may adopt regulations necessary to 09 implement AS 47.38.010 - 47.38.199, added by sec. 32 of this Act. 10 (d) The regulations adopted under (a) - (c) of this section take effect under AS 44.62 11 (Administrative Procedure Act), but not before July 1, 2014. 12 * Sec. 37. Section 29 of this Act takes effect January 1, 2016. 13 * Sec. 38. Section 36 of this Act takes effect immediately under AS 01.10.070(c). 14 * Sec. 39. Sections 1 - 28 and 30 - 34 of this Act take effect July 1, 2014.