SB 81: "An Act allowing a reduction of penalties for offenders successfully completing court-ordered treatment programs for persons convicted of driving under the influence or refusing to submit to a chemical test; relating to termination of a revocation of a driver's license; relating to limitation of a driver's license; and relating to restoration of a driver's license."
00 SENATE BILL NO. 81 01 "An Act allowing a reduction of penalties for offenders successfully completing court- 02 ordered treatment programs for persons convicted of driving under the influence or 03 refusing to submit to a chemical test; relating to termination of a revocation of a driver's 04 license; relating to limitation of a driver's license; and relating to restoration of a 05 driver's license." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 28.15.181(f) is amended to read: 08 (f) The court may terminate a revocation for an offense described in (a)(5) or 09 (8) of this section if 10 (1) either 11 (A) the person's license, privilege to drive, or privilege to 12 obtain a license has been revoked for the minimum periods set out in (c) of this 13 section; or
01 (B) the revocation was for a violation of AS 28.35.030 or 02 28.35.032, or a similar municipal ordinance, and the person 03 (i) has successfully completed a court-ordered 04 treatment program under AS 28.35.028; 05 (ii) has not been charged with or convicted of a 06 violation of AS 28.35.030 or 28.35.032, or a similar municipal 07 ordinance, since completing the program; and 08 (iii) has been granted limited license privileges under 09 AS 28.15.201(g) and has successfully driven under that limited 10 license for the minimum period provided in AS 28.15.201(g) for 11 that offense; and 12 (2) the person complies with the provisions of AS 28.15.211(d) and 13 (e). 14 * Sec. 2. AS 28.15.201 is amended by adding a new subsection to read: 15 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 16 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 17 department revoking a driver's license, privilege to drive, or privilege to obtain a 18 license under AS 28.15.165(c), may grant limited license privileges if the revocation 19 was for a conviction under AS 28.35.030 or 28.35.032 or a similar municipal 20 ordinance and 21 (1) the person is participating in or has successfully completed a court- 22 ordered treatment program under AS 28.35.028; 23 (2) the court grants the limited license privileges as provided in this 24 section for 25 (A) at a minimum, the period of revocation provided by 26 AS 28.15.181(c) for a person convicted of a misdemeanor, including the period 27 of revocation while the person was participating in a court-ordered treatment 28 program under AS 28.35.028; or 29 (B) a minimum of five years, for a person convicted under 30 AS 28.35.030(n) or 28.35.032(p), including the period of revocation while the 31 person was participating in a court-ordered treatment program under
01 AS 28.35.028; 02 (3) the person provides proof of insurance as required by AS 28.20.230 03 and 28.20.240; 04 (4) the person totally abstains from the use of alcoholic beverages, 05 inhalants, and controlled substances and agrees to, participates in, and pays the cost of 06 testing, as ordered by the court, for the use of any of those substances; and 07 (5) the court immediately revokes the limited license if the person 08 (A) is charged with or convicted of a violation of AS 28.35.030 09 or 28.35.032 or a similar municipal ordinance; or 10 (B) tests positive under (4) of this subsection for the use of 11 alcoholic beverages, inhalants, or controlled substances. 12 * Sec. 3. AS 28.35.028(b) is amended to read: 13 (b) Once the court elects to proceed under this section, the defendant shall 14 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 15 as appropriate. The state and the defendant may enter into a plea agreement to 16 determine the offense or offenses to which the defendant is required to plead. If the 17 court accepts the agreement, the court shall enforce the terms of the agreement. The 18 court shall enter a judgment of conviction for the offense or offenses for which the 19 defendant has pleaded or an order finding that the defendant has violated probation, as 20 appropriate. A judgment of conviction or an order finding a probation violation must 21 set a schedule for payment of restitution owed by the defendant. In a judgment of 22 conviction and on probation conditions that the court considers appropriate, the court 23 may withhold pronouncement of a period of imprisonment or a fine to provide an 24 incentive for the defendant to complete recommended treatment successfully. 25 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 26 mandatory minimum or other sentencing provision applicable to the offense. 27 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 28 other provision of law, the court, at any time after the period when a reduction of 29 sentence is normally available, may consider and reduce the defendant's sentence, 30 including imprisonment, fine, or license revocation, based on the defendant's 31 compliance with the treatment plan; when reducing a sentence, the court (1) may not
01 reduce the sentence below the mandatory minimum sentence for the offense unless the 02 court finds that the defendant has successfully complied with and completed the 03 treatment plan and that the treatment plan approximated the severity of the minimum 04 period of imprisonment, and (2) may consider the defendant's compliance with the 05 treatment plan as a mitigating factor allowing a reduction of a sentence under 06 AS 12.55.155(a). A court entering an order finding the defendant has violated 07 probation may withhold pronouncement of disposition to provide an incentive for the 08 defendant to complete the recommended treatment successfully. 09 * Sec. 4. AS 28.35.028(h)(1) is amended to read: 10 (1) "court-ordered treatment program" or "treatment plan" means a 11 treatment program for a person who consumes alcohol or drugs and that 12 (A) requires participation for either 13 (i) at least 120 consecutive days if a person has not 14 been previously convicted more than once; or 15 (ii) at least 18 consecutive months if a person has been 16 previously convicted two or more times; 17 (B) includes planning and treatment for alcohol or drug 18 addiction; 19 (C) includes emphasis on personal responsibility; 20 (D) provides in-court recognition of progress and sanctions for 21 relapses; 22 (E) requires payment of restitution to victims and completion 23 of community work service; 24 (F) includes physician-approved treatment of physical 25 addiction and treatment of the psychological causes of addiction; 26 (G) includes a monitoring program and physical placement or 27 housing; 28 (H) is an evidence-based program that uses a data 29 management technology plan to manage testing, data access, payment of 30 fees, and any required reports; and 31 (I) [(H)] requires adherence to conditions of probation;
01 * Sec. 5. AS 28.35.028(h) is amended by adding a new paragraph to read: 02 (3) "previously convicted" has the meaning given in AS 28.35.030. 03 * Sec. 6. AS 28.35.030(o) is amended to read: 04 (o) Upon request, the department shall review a driver's license revocation 05 imposed under (n)(3) of this section and 06 (1) may restore the driver's license if 07 (A) [(1)] the license has been revoked for a period of at least 10 08 years; 09 (B) [(2)] the person has not been convicted of a criminal 10 offense since the license was revoked; and 11 (C) [(3)] the person provides proof of financial responsibility; 12 (2) shall restore the driver's license if 13 (A) the person has been granted limited license privileges 14 under AS 28.15.201(g) and has successfully driven under that limited 15 license for at least five years without having the limited license privileges 16 revoked; 17 (B) the person has not been convicted of a criminal offense 18 since the license was revoked; and 19 (C) the person provides proof of financial responsibility. 20 * Sec. 7. AS 28.35.032(q) is amended to read: 21 (q) Upon request, the department shall review a driver's license revocation 22 imposed under (p)(3) of this section and 23 (1) may restore the driver's license if 24 (A) [(1)] the license has been revoked for a period of at least 10 25 years; 26 (B) [(2)] the person has not been convicted of a criminal 27 offense since the license was revoked; and 28 (C) [(3)] the person provides proof of financial responsibility; 29 (2) shall restore the driver's license if 30 (A) the person has been granted limited license privileges 31 under AS 28.15.201(g) and has successfully driven under that limited
01 license for at least five years without having the limited license privileges 02 revoked; 03 (B) the person has not been convicted of a criminal offense 04 since the license was revoked; and 05 (C) the person provides proof of financial responsibility. 06 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. The change made to AS 28.15.181(f), as amended by sec. 1 of this 09 Act, AS 28.15.201(g), enacted by sec. 2 of this Act, the change made to AS 28.35.028(b), as 10 amended by sec. 3 of this Act, the changes made to AS 28.35.028(h), as amended by secs. 4 11 and 5 of this Act, the change made to AS 28.35.030(o), as amended by sec. 6 of this Act, and 12 the change made to AS 28.35.032(q), as amended by sec. 7 of this Act, apply to convictions 13 occurring before, on, or after the effective date of this Act for offenses occurring before, on, 14 or after the effective date of this Act.