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SB 91: "An Act relating to protective orders; relating to conditions of release; relating to community work service; relating to credit toward a sentence of imprisonment for certain persons under electronic monitoring; relating to the restoration under certain circumstances of an administratively revoked driver's license, privilege to drive, or privilege to obtain a license; allowing a reduction of penalties for offenders successfully completing court-ordered treatment programs for persons convicted of driving under the influence; relating to termination of a revocation of a driver's license; relating to restoration of a driver's license; relating to credits toward a sentence of imprisonment, to good time deductions, and to providing for earned good time deductions for prisoners; relating to the disqualification of persons convicted of certain felony drug offenses from participation in the food stamp and temporary assistance programs; relating to probation; relating to mitigating factors; relating to treatment programs for prisoners; relating to the duties of the commissioner of corrections; amending Rules 32 and 35(b), Alaska Rules of Criminal Procedure; and providing for an effective date."

00                             SENATE BILL NO. 91                                                                          
01 "An Act relating to protective orders; relating to conditions of release; relating to                                   
02 community work service; relating to credit toward a sentence of imprisonment for                                        
03 certain persons under electronic monitoring; relating to the restoration under certain                                  
04 circumstances of an administratively revoked driver's license, privilege to drive, or                                   
05 privilege to obtain a license; allowing a reduction of penalties for offenders successfully                             
06 completing court-ordered treatment programs for persons convicted of driving under                                      
07 the influence; relating to termination of a revocation of a driver's license; relating to                               
08 restoration of a driver's license; relating to credits toward a sentence of imprisonment,                               
09 to good time deductions, and to providing for earned good time deductions for                                           
10 prisoners; relating to the disqualification of persons convicted of certain felony drug                                 
11 offenses from participation in the food stamp and temporary assistance programs;                                        
12 relating to probation; relating to mitigating factors; relating to treatment programs for                               
01 prisoners; relating to the duties of the commissioner of corrections; amending Rules 32                                 
02 and 35(b), Alaska Rules of Criminal Procedure; and providing for an effective date."                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.56.740 is amended by adding a new subsection to read:                                           
05            (d)  This section does not apply to a person who violates AS 18.66.100(c)(2)                                 
06       and the petitioner for the protective order initiated the contact.                                                
07    * Sec. 2. AS 12.30.011(b) is amended to read:                                                                      
08            (b)  If a judicial officer determines that the release under (a) of this section will                        
09       not reasonably assure the appearance of the person or will pose a danger to the victim,                           
10       other persons, or the community, the officer shall impose the least restrictive condition                         
11       or conditions that will reasonably assure the person's appearance and protect the                                 
12       victim, other persons, and the community. In addition to conditions under (a) of this                             
13       section, the judicial officer may, singly or in combination,                                                      
14                 (1)  require the execution of an appearance bond in a specified amount                                  
15       of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                         
16       of the amount of the bond;                                                                                        
17                 (2)  require the execution of a bail bond with sufficient solvent sureties                              
18       or the deposit of cash;                                                                                           
19                 (3)  require the execution of a performance bond in a specified amount                                  
20       of cash to be deposited in the registry of the court;                                                             
21                 (4)  place restrictions on the person's travel, association, or residence;                              
22                 (5)  order the person to refrain from possessing a deadly weapon on the                                 
23       person or in the person's vehicle or residence;                                                                   
24                 (6)  require the person to maintain employment or, if unemployed,                                       
25       actively seek employment;                                                                                         
26                 (7)  require the person to notify the person's lawyer and the prosecuting                               
27       authority within two business days after any change in employment;                                                
28                 (8)  require the person to avoid all contact with a victim, a potential                                 
29       witness, or a codefendant;                                                                                        
30                 (9)  require the person to refrain from the consumption and possession                                  
01       of alcoholic beverages;                                                                                           
02                 (10)  require the person to refrain from the use of a controlled substance                              
03       as defined by AS 11.71, unless prescribed by a licensed health care provider with                                 
04       prescriptive authority;                                                                                           
05                 (11)  require the person to be physically inside the person's residence,                                
06       or in the residence of the person's third-party custodian, at time periods set by the                             
07       court;                                                                                                            
08                 (12)  require the person to keep regular contact with a law enforcement                                 
09       officer or agency;                                                                                                
10                 (13)  order the person to refrain from entering or remaining in premises                                
11       licensed under AS 04;                                                                                             
12                 (14)  place the person in the custody of an individual who agrees to                                    
13       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
14                 (15)  if the person is under the treatment of a licensed health care                                    
15       provider, order the person to follow the provider's treatment recommendations;                                    
16                 (16)  order the person to take medication that has been prescribed for                                  
17       the person by a licensed health care provider with prescriptive authority;                                        
18                 (17)  order the person to comply with any other condition that is                                       
19       reasonably necessary to assure the appearance of the person and to assure the safety of                           
20       the victim, other persons, and the community;                                                                     
21                 (18)  require the person to comply with a program established under                                     
22       AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                 
23       abuse-related offense that is an unclassified felony, a class A felony, a sexual felony,                          
24       or a crime involving domestic violence;                                                                       
25                 (19)  order the person to comply with an electronic monitoring                                      
26       program as provided in AS 12.55.029.                                                                          
27    * Sec. 3. AS 12.55.015(a) is amended to read:                                                                      
28            (a)  Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing                                   
29       sentence on a defendant convicted of an offense, may singly or in combination                                     
30                 (1)  impose a fine when authorized by law and as provided in                                            
31       AS 12.55.035;                                                                                                     
01                 (2)  order the defendant to be placed on probation under conditions                                     
02       specified by the court that may include provision for active supervision;                                         
03                 (3)  impose a definite term of periodic imprisonment, but only if an                                    
04       employment obligation of the defendant preexisted sentencing and the defendant                                    
05       receives a composite sentence of not more than two years to serve;                                                
06                 (4)  impose a definite term of continuous imprisonment;                                                 
07                 (5)  order the defendant to make restitution under AS 12.55.045;                                        
08                 (6)  order the defendant to carry out a continuous or periodic program                                  
09       of community work for an offense and under conditions specified in AS 12.55.055;                          
10                 (7)  suspend execution of all or a portion of the sentence imposed under                                
11       AS 12.55.080;                                                                                                     
12                 (8)  suspend imposition of sentence under AS 12.55.085;                                                 
13                 (9)  order the forfeiture to the commissioner of public safety or a                                     
14       municipal law enforcement agency of a deadly weapon that was in the actual                                        
15       possession of or used by the defendant during the commission of an offense described                              
16       in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;                                                                     
17                 (10)  order the defendant, while incarcerated, to participate in or                                     
18       comply with the treatment plan of a rehabilitation program that is related to the                                 
19       defendant's offense or to the defendant's rehabilitation if the program is made available                         
20       to the defendant by the Department of Corrections;                                                                
21                 (11)  order the forfeiture to the state of a motor vehicle, weapon,                                     
22       electronic communication device, or money or other valuables, used in or obtained                                 
23       through an offense that was committed for the benefit of, at the direction of, or in                              
24       association with a criminal street gang;                                                                          
25                 (12)  order the defendant to have no contact, either directly or                                        
26       indirectly, with a victim or witness of the offense until the defendant is                                        
27       unconditionally discharged;                                                                                       
28                 (13)  order the defendant to refrain from consuming alcoholic                                           
29       beverages for a period of time.                                                                                   
30    * Sec. 4. AS 12.55 is amended by adding a new section to read:                                                     
31            Sec. 12.55.029. Credit for time spent on electronic monitoring toward                                      
01       service of a sentence. (a) A court may grant a defendant credit toward a sentence of                            
02       imprisonment for time spent on electronic monitoring only as provided in this section.                            
03            (b)  A court may grant a defendant one day of credit toward a sentence of                                    
04       imprisonment for each full day the defendant was on electronic monitoring if                                      
05                 (1)  before the defendant began electronic monitoring, the court ordered                                
06       the defendant to be on electronic monitoring;                                                                     
07                 (2)  the defendant did not commit a criminal offense while on                                           
08       electronic monitoring; and                                                                                        
09                 (3)  the electronic monitoring ordered by the court imposed substantial                                 
10       restrictions on the person's freedom of movement and behavior while on electronic                                 
11       monitoring that included requiring the person to be confined to a residence except for                            
12       a                                                                                                                 
13                      (A)  court appearance;                                                                             
14                      (B)  meeting with counsel; or                                                                      
15                      (C)  period during which the person is at a location other than a                                  
16            residence, as ordered by the court, for purposes of employment, attending                                    
17            educational or vocational training, performing community work, attending a                                   
18            counseling or medical appointment, or participating in a rehabilitative                                      
19            program.                                                                                                     
20            (c)  If a defendant intends to claim credit toward a sentence of imprisonment                                
21       for time spent on electronic monitoring either as a condition of probation or as a                                
22       condition of bail release after a petition to revoke probation has been filed, the                                
23       defendant shall file notice with the court and the prosecutor 10 days before the                                  
24       disposition hearing. The notice shall include the amount of time the defendant is                                 
25       claiming. The defendant must prove by a preponderance of the evidence that the credit                             
26       claimed meets the requirements of this section. A court may not consider, except for                              
27       good cause, a request for credit made under this subsection more than 90 days after the                           
28       disposition hearing.                                                                                              
29            (d)  In this section, "electronic monitoring" means an electronic system                                     
30       approved by the commissioner of corrections under AS 33.30.011, that provides                                     
31       monitoring 24 hours a day of the defendant's location and, where ordered by the court,                            
01       also provides monitoring of the defendant's consumption of alcohol.                                             
02    * Sec. 5. AS 12.55.039(a) is amended to read:                                                                      
03            (a)  In addition to any fine or other penalty prescribed by law, a defendant who                             
04       pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a                                      
05                 (1)  felony shall be assessed a surcharge of $125 [$100];                                           
06                 (2)  violation of a misdemeanor offense under AS 28.33.030,                                             
07       28.33.031, AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance                                    
08       comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030,                                  
09       or 28.35.032 and adopted under AS 28.01.010, shall be assessed a surcharge of $100                            
10       [$75];                                                                                                            
11                 (3)  misdemeanor or a violation of a municipal ordinance if a sentence                                  
12       of incarceration may be imposed for the misdemeanor or ordinance violation, other                                 
13       than a provision identified in (2) of this subsection, shall be assessed a surcharge of                           
14       $75 [$50];                                                                                                    
15                 (4)  misdemeanor for which a sentence of incarceration may not be                                       
16       imposed, a violation or an infraction under state law, or a violation of a municipal                              
17       ordinance imposing a penalty authorized by AS 29.25.070(a) if a sentence of                                       
18       incarceration may not be imposed for the ordinance violation, shall be assessed a                                 
19       surcharge of $15 [$10] if the fine or bail forfeiture amount for the offense is $30 or                        
20       more.                                                                                                             
21    * Sec. 6. AS 12.55.055(a) is amended to read:                                                                      
22            (a)  The court may order a defendant convicted of an offense under AS 04,                                
23       AS 28, or AS 47.12.030, that specifically provides for community work as                                      
24       authorized punishment to perform community work as a condition of probation, [A                               
25       SUSPENDED SENTENCE,] or may order community work in a suspended                                               
26       imposition of sentence, [OR] in addition to any fine or restitution ordered. [IF THE                              
27       DEFENDANT IS SENTENCED TO IMPRISONMENT, THE COURT MAY                                                             
28       RECOMMEND TO THE DEPARTMENT OF CORRECTIONS THAT THE                                                               
29       DEFENDANT PERFORM COMMUNITY WORK.]                                                                                
30    * Sec. 7. AS 12.55.055(c) is amended to read:                                                                      
31            (c)  The court may offer a defendant convicted of an offense the option of                                   
01       performing community work in lieu of a fine, surcharge, or portion of a fine or                                   
02       surcharge if the court finds the defendant is unable to pay the fine. The value of                                
03       community work in lieu of a fine is the state's minimum wage for each [$3 PER]                                
04       hour.                                                                                                             
05    * Sec. 8. AS 12.55.055 is amended by adding new subsections to read:                                               
06            (g)  The court may not                                                                                       
07                 (1)  offer a defendant convicted of an offense the option of serving jail                               
08       time in lieu of performing uncompleted community work previously ordered by the                                   
09       court; or                                                                                                         
10                 (2)  convert uncompleted community work hours into a sentence of                                        
11       imprisonment.                                                                                                     
12            (h)  If a court orders community work as part of the defendant's sentence under                              
13       this section, the court shall provide notice to the defendant at sentencing and include                           
14       as a provision of the judgment that if the defendant fails to provide proof of                                    
15       community work within 20 days after the date set by the court, the court shall convert                            
16       those community work hours to a fine equal to the number of uncompleted work hours                                
17       multiplied by the state's minimum hourly wage and issue a judgment against the                                    
18       defendant for that amount.                                                                                        
19    * Sec. 9. AS 12.55.085(b) is amended to read:                                                                      
20            (b)  At any time during the probationary term of the person released on                                      
21       probation, a probation officer may administratively sanction the person using the                             
22       process provided under AS 33.05.020, or [,] without warrant or other process,                                 
23       rearrest the person so placed in the officer's care and bring the person before the court,                        
24       or the court may, in its discretion, issue a warrant for the rearrest of the person. The                          
25       court may revoke and terminate the probation if the interests of justice require, and if                          
26       the court, in its judgment, has reason to believe that the person placed on [UPON]                            
27       probation is                                                                                                      
28                 (1)  violating the conditions of probation;                                                             
29                 (2)  engaging in criminal practices; or                                                                 
30                 (3)  violating an order of the court to participate in or comply with the                               
31       treatment plan of a rehabilitation program under AS 12.55.015(a)(10).                                             
01    * Sec. 10. AS 12.55.088(a) is amended to read:                                                                     
02            (a)  The court may modify or reduce a sentence by entering a written order                                   
03       under a motion made not later than five years after the date of distribution of the                           
04       written judgment of the original sentencing, and before [WITHIN] 180 days of the                          
05       unconditional discharge of the defendant [OF THE ORIGINAL SENTENCING].                                        
06    * Sec. 11. AS 12.55.090(b) is amended to read:                                                                     
07            (b)  The [EXCEPT AS OTHERWISE PROVIDED IN (f) OF THIS                                                    
08       SECTION, THE] court may revoke or modify any condition of probation or may                                        
09       change the period of probation.                                                                                   
10    * Sec. 12. AS 12.55.090(c) is amended to read:                                                                     
11            (c)  The period of probation, together with any extension, may not exceed                                    
12                 (1)  25 years for a felony sex offense; [OR]                                                            
13                 (2)  10 years for an unclassified or class A felony [ANY OTHER]                                     
14       offense; or                                                                                                   
15                 (3)  five years for any other offense.                                                              
16    * Sec. 13. AS 12.55 is amended by adding a new section to read:                                                    
17            Sec. 12.55.095. Reduction of probation for good conduct. If a                                              
18       recommendation is made to the court to reduce the period of probation for a person for                            
19       good conduct and the court finds that the person qualifies for the reduction under                                
20       AS 33.05.025, the court shall reduce the person's probation by one month for each                                 
21       month the person qualifies for it. However, if the court finds that the person violated                           
22       the terms of probation at any time, the court shall deduct the month or months in                                 
23       which the violation occurred from the reduction available under this section.                                     
24    * Sec. 14. AS 12.55.110 is amended by adding a new subsection to read:                                             
25            (c)  For a technical violation of the conditions of probation, if the court does                             
26       not revoke probation, the court shall impose a sentence of imprisonment of not more                               
27       than 10 days for technical violations of probation resulting from the same crime,                                 
28       except that the cumulative amount of imprisonment for technical violations of                                     
29       probation resulting from the same crime may not exceed 45 days. In this subsection,                               
30       "technical violation of probation" means a violation of the conditions of probation but                           
31       does not mean a violation of the conditions of probation resulting from the                                       
01       commission of a new crime.                                                                                        
02    * Sec. 15. AS 12.55.155(d)(17) is amended to read:                                                                 
03                 (17)  except in the case of an offense defined by AS 11.41.410 -                                    
04       11.41.427 [AS 11.41] or AS 11.46.400, the defendant has been convicted of a class B                           
05       or C felony, and, at the time of sentencing, has successfully completed a court-ordered                           
06       treatment program [AS DEFINED IN AS 28.35.028] that was begun after the offense                                   
07       was committed;                                                                                                    
08    * Sec. 16. AS 28.15.165 is amended by adding a new subsection to read:                                             
09            (e)  A person whose driver's license, privilege to drive, or privilege to obtain a                           
10       license has been revoked under this section as a result of a refusal to submit to a                               
11       chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal                                      
12       ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar                               
13       municipal ordinance in which the test produced a result described in                                              
14       AS 28.35.030(a)(2) may request that the department rescind the revocation. The                                    
15       department shall rescind a revocation under this subsection if the department finds that                          
16       the person has supplied proof in a form satisfactory to the department that                                       
17                 (1)  the person has been acquitted of driving while under the influence                                 
18       under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a                                 
19       similar municipal ordinance for the incident on which the revocation was based; or                                
20                 (2)  all criminal charges against the person for driving while under the                                
21       influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit                              
22       to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to                             
23       the incident on which the revocation is based have been dismissed with prejudice.                                 
24    * Sec. 17. AS 28.15.181(f) is amended to read:                                                                     
25            (f)  The court may terminate a revocation for an offense described in (a)(5) or                              
26       (8) of this section if                                                                                            
27                 (1)  either                                                                                         
28                      (A)  the person's license, privilege to drive, or privilege to                                 
29            obtain a license has been revoked for the minimum periods set out in (c) of this                             
30            section; or                                                                                              
31                      (B)  the person                                                                                
01                           (i)  has successfully completed a court-ordered                                           
02                 treatment program under AS 28.35.028;                                                               
03                           (ii)  has not been convicted of a violation of                                            
04                 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or                                 
05                 another jurisdiction since completing the program; and                                              
06                           (iii)  has been granted limited license privileges under                                  
07                 AS 28.15.201(g) and has successfully driven for three years under                                   
08                 that limited license without having the limited license privileges                                  
09                 revoked; and                                                                                        
10                 (2)  the person complies with the provisions of AS 28.15.211(d) and                                     
11       (e).                                                                                                              
12    * Sec. 18. AS 28.15.201 is amended by adding new subsections to read:                                              
13            (g)  Notwithstanding (d) of this section, a court revoking a driver's license,                               
14       privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the                                
15       department when revoking a driver's license, privilege to drive, or privilege to obtain a                         
16       license under AS 28.15.165(c), may grant limited license privileges if                                            
17                 (1)  the revocation was for a felony conviction under AS 28.35.030;                                     
18                 (2)  the person has successfully participated for at least six months in,                               
19       or has successfully completed, a court-ordered treatment program under                                            
20       AS 28.35.028;                                                                                                     
21                 (3)  the person provides proof of insurance as required by AS 28.20.230                                 
22       and 28.20.240;                                                                                                    
23                 (4)  the person is required to use an ignition interlock device during the                              
24       period of the limited license whenever the person operates a motor vehicle in a                                   
25       community not included in the list published by the department under                                              
26       AS 28.22.011(b) and, when applicable,                                                                             
27                      (A)  the person provides proof of installation of the ignition                                     
28            interlock device on every vehicle the person operates;                                                       
29                      (B)  the person signs an affidavit acknowledging that                                              
30                           (i)  operation by the person of a vehicle that is not                                         
31                 equipped with an ignition interlock device is subject to penalties for                                  
01                 driving with a revoked license;                                                                         
02                           (ii)  circumventing or tampering with the ignition                                            
03                 interlock device is a class A misdemeanor; and                                                          
04                           (iii)  the person is required to maintain the ignition                                        
05                 interlock device throughout the period of the limited license, to keep                                  
06                 up-to-date records in each vehicle showing that any required service                                    
07                 and calibration is current, and to produce those records immediately on                                 
08                 request;                                                                                                
09                 (5)  the person is enrolled in and is in compliance with or has                                         
10       successfully completed the alcoholism screening, evaluation, referral, and program                                
11       requirements of the Department of Health and Social Services under AS 28.35.030(h);                               
12                 (6)  the person has not previously been granted a limited license under                                 
13       this subsection and had the license revoked under (h) of this section;                                            
14                 (7)  the person is participating in a program established under                                         
15       AS 47.38.020 for a minimum of 120 days from the date a limited license is granted                                 
16       under this section.                                                                                               
17            (h)  The court or the department may immediately revoke a limited license                                    
18       granted under (g) of this section if the person is convicted of a violation of                                    
19       AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction                           
20       or if the person is not in compliance with a court-ordered treatment program under                                
21       AS 28.35.028.                                                                                                     
22    * Sec. 19. AS 28.35.028(b) is amended to read:                                                                     
23            (b)  Once the court elects to proceed under this section, the defendant shall                                
24       enter a no contest or guilty plea to the offense or shall admit to a probation violation,                         
25       as appropriate. The state and the defendant may enter into a plea agreement to                                    
26       determine the offense or offenses to which the defendant is required to plead. If the                             
27       court accepts the agreement, the court shall enforce the terms of the agreement. The                              
28       court shall enter a judgment of conviction for the offense or offenses for which the                              
29       defendant has pleaded or an order finding that the defendant has violated probation, as                           
30       appropriate. A judgment of conviction or an order finding a probation violation must                              
31       set a schedule for payment of restitution owed by the defendant. In a judgment of                                 
01       conviction and on probation conditions that the court considers appropriate, the court                            
02       may withhold pronouncement of a period of imprisonment or a fine to provide an                                    
03       incentive for the defendant to complete recommended treatment successfully.                                       
04       Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any                                       
05       mandatory minimum or other sentencing provision applicable to the offense.                                        
06       However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any                                     
07       other provision of law, the court, at any time after the period when a reduction of                               
08       sentence is normally available, may consider and reduce the defendant's sentence,                             
09       including imprisonment, fine, or license revocation, based on the defendant's                                 
10       compliance with the treatment plan; when reducing a sentence, the court (1) may not                               
11       reduce the sentence below the mandatory minimum sentence for the offense unless the                               
12       court finds that the defendant has successfully complied with and completed the                                   
13       treatment plan and that the treatment plan approximated the severity of the minimum                               
14       period of imprisonment, and (2) may consider the defendant's compliance with the                                  
15       treatment plan as a mitigating factor allowing a reduction of a sentence under                                    
16       AS 12.55.155(a). A court entering an order finding the defendant has violated                                     
17       probation may withhold pronouncement of disposition to provide an incentive for the                               
18       defendant to complete the recommended treatment successfully.                                                     
19    * Sec. 20. AS 28.35.030(o) is amended to read:                                                                     
20            (o)  Upon request, the department shall review a driver's license revocation                                 
21       imposed under (b) or (n)(3) of this section and                                                               
22                 (1)  may restore the driver's license if                                                            
23                      (A) [(1)]  the license has been revoked for a period of at least 10                            
24            years;                                                                                                       
25                      (B) [(2)]  the person has not been convicted of a criminal                                     
26            offense since the license was revoked; and                                                                   
27                      (C) [(3)]  the person provides proof of financial responsibility;                          
28                 (2)  shall restore the driver's license if                                                          
29                      (A)  the person has been granted limited license privileges                                    
30            under AS 28.15.201(g) and has successfully driven under that limited                                     
31            license for three years without having the limited license privileges                                    
01            revoked;                                                                                                 
02                      (B)  the person has successfully completed a court-ordered                                     
03            treatment program under AS 28.35.028;                                                                    
04                      (C)  the court previously terminated the person's revocation                                   
05            as provided in AS 28.15.181(f)(1)(B);                                                                    
06                      (D)  the person has not been convicted of a violation of                                       
07            AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                               
08            jurisdiction since the license was revoked;                                                              
09                      (E)  the person's privilege to drive may be restored as                                        
10            provided in AS 28.15.211; and                                                                            
11                      (F)  the person provides proof of financial responsibility.                                    
12    * Sec. 21. AS 33.05.020 is amended by adding a new subsection to read:                                             
13            (g)  The commissioner shall, after consulting with the Department of Law, the                                
14       Public Defender Agency, and the Alaska Court System, create an administrative                                     
15       sanction procedure for probationers who commit technical violations of probation. At                              
16       a minimum, the administrative sanction procedure must require that the imposition of                              
17       an administrative sanction by a probation officer be approved by the commissioner, or                             
18       the commissioner's designee, and provide for a timely judicial review of the sanction                             
19       imposed.                                                                                                          
20    * Sec. 22. AS 33.05 is amended by adding a new section to read:                                                    
21            Sec. 33.05.025. Probation incentive reduction; time computation. (a) A                                     
22       probation officer shall recommend to the sentencing court a probation incentive                                   
23       reduction for good conduct by a person on probation for a felony conviction that was                              
24       not                                                                                                               
25                 (1) a sexual felony under AS 12.55.125(i); or                                                           
26                 (2) a crime involving domestic violence.                                                                
27        (b) If a recommendation is made under (a) of this section, the probation officer shall                           
28 provide to the court a time computation for the reduction of the period of probation of one                             
29 month for each month of probation that a defendant successfully complies with all of the                                
30 conditions of probation for one or more months immediately preceding the reduction                                      
31 computation.                                                                                                            
01            (c)  The commissioner or the commissioner's designee shall make available to                                 
02       a person who qualifies for a probation reduction under this section monthly reports                               
03       that describe the computation made under (b) of this section and the person's                                     
04       remaining probationary term.                                                                                      
05    * Sec. 23. AS 33.05.040 is amended to read:                                                                        
06            Sec. 33.05.040. Duties of probation officers. A probation officer shall                                    
07                 (1)  furnish to each probationer under the supervision of the officer a                                 
08       written statement of the conditions of probation and shall instruct the probationer                               
09       regarding the same;                                                                                               
10                 (2)  keep informed concerning the conduct and condition of each                                         
11       probationer under the supervision of the officer and shall report on the probationer to                           
12       the court placing the [SUCH] person on probation;                                                             
13                 (3)  use all suitable methods, not inconsistent with the conditions                                     
14       imposed by the court, to aid probationers and to bring about improvements in their                                
15       conduct and condition;                                                                                            
16                 (4)  keep records of the probation work, keep accurate and complete                                     
17       accounts of all money collected from persons under the supervision of the officer, give                           
18       receipts for money collected and make at least monthly returns of it, make the reports                            
19       to the court and the commissioner required by them, and perform other duties the court                            
20       may direct;                                                                                                       
21                 (5)  recommend to the court a probation reduction for a                                             
22       probationer who is eligible for the reduction under AS 33.05.025;                                             
23                 (6)  perform the [SUCH] duties with respect to persons on parole as the                         
24       commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole                  
25       officer.                                                                                                          
26    * Sec. 24. AS 33.05.070(b) is amended to read:                                                                     
27            (b)  As speedily as possible after arrest, the probationer shall be taken before                             
28       the court for the district having jurisdiction over the probationer. The [EXCEPT AS                           
29       PROVIDED IN AS 12.55.090(f), THE] court may revoke the probation and require                                      
30       the probationer to serve the sentence imposed or any lesser sentence and, if imposition                           
31       of sentence was suspended, may impose any sentence that might originally have been                                
01       imposed, subject to the limitation specified in AS 12.55.086(c).                                                  
02    * Sec. 25. AS 33.16.210 is amended by adding a new subsection to read:                                             
03            (c)  Notwithstanding (a) of this section, the board shall unconditionally                                    
04       discharge a mandatory parolee if the parolee participates in, and successfully                                    
05       completes, all treatment programs recommended by the risk and needs assessment                                    
06       under AS 33.30.011(7) and commits no new offenses or serious parole violations                                    
07       during the first two-thirds of the parolee's term of mandatory parole. A mandatory                                
08       parolee with a period of residual probation shall be discharged by the board to                                   
09       immediately begin serving the residual period of probation.                                                       
10    * Sec. 26. AS 33.20.010(c) is amended to read:                                                                     
11            (c)  A prisoner shall [MAY NOT] be awarded a good time deduction under (a)                               
12       of this section for any period spent in a treatment program, in a private residence, or                           
13       while under electronic monitoring.                                                                                
14    * Sec. 27. AS 33.20 is amended by adding a new section to read:                                                    
15            Sec. 33.20.025. Earned good time. (a) The commissioner shall allow a                                       
16       prisoner sentenced to a term of imprisonment of more than six days a deduction of                                 
17       one-sixth of the term of imprisonment following the successful completion of a                                    
18       program approved by the commissioner that is                                                                      
19                 (1)  a substance abuse treatment program;                                                               
20                 (2)  a general education development diploma program;                                                   
21                 (3)  a vocational training program;                                                                     
22                 (4)  an intervention program for batterers;                                                             
23                 (5)  an anger management program; or                                                                    
24                 (6)  a criminal attitudes program.                                                                      
25            (b)  The deduction allowed under this section is in addition to the deduction                                
26       allowed under AS 33.20.010. A prisoner may only receive one deduction under (a) of                                
27       this section.                                                                                                     
28            (c)  A prisoner is not eligible for a deduction under this section if the prisoner                           
29       has been sentenced                                                                                                
30                 (1)  for a conviction under AS 11.41;                                                                   
31                 (2)  to a mandatory 99-year term of imprisonment under                                                  
01       AS 12.55.125(a) after June 27, 1996;                                                                              
02                 (3)  for a sexual felony under AS 12.55.125(i); or                                                      
03                 (4)  to a definite term under AS 12.55.125(l).                                                          
04    * Sec. 28. AS 33.30.011 is amended to read:                                                                        
05            Sec. 33.30.011. Duties of commissioner. The commissioner shall                                             
06                 (1)  establish, maintain, operate, and control correctional facilities                                  
07       suitable for the custody, care, and discipline of persons charged or convicted of                                 
08       offenses against the state or held under authority of state law; each correctional facility                       
09       operated by the state shall be established, maintained, operated, and controlled in a                             
10       manner that is consistent with AS 33.30.015;                                                                      
11                 (2)  classify prisoners;                                                                                
12                 (3)  for persons committed to the custody of the commissioner,                                          
13       establish programs, including furlough programs that are reasonably calculated to                                 
14                      (A)  protect the public and the victims of crimes committed by                                     
15            prisoners;                                                                                                   
16                      (B)  maintain health;                                                                              
17                      (C)  create or improve occupational skills;                                                        
18                      (D)  enhance educational qualifications;                                                           
19                      (E)  support court-ordered restitution; and                                                        
20                      (F)  otherwise provide for the rehabilitation and reformation of                                   
21            prisoners, facilitating their reintegration into society;                                                    
22                 (4)  provide necessary                                                                                  
23                      (A)  medical services for prisoners in correctional facilities or                                  
24            who are committed by a court to the custody of the commissioner, including                                   
25            examinations for communicable and infectious diseases;                                                       
26                      (B)  psychological or psychiatric treatment if a physician or                                      
27            other health care provider, exercising ordinary skill and care at the time of                                
28            observation, concludes that                                                                                  
29                           (i)  a prisoner exhibits symptoms of a serious disease or                                     
30                 injury that is curable or may be substantially alleviated; and                                          
31                           (ii)  the potential for harm to the prisoner by reason of                                     
01                 delay or denial of care is substantial; and                                                             
02                      (C)  assessment or screening of the risks and needs of offenders                                   
03            who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                              
04            alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                    
05            disorder;                                                                                                    
06                 (5)  establish minimum standards for sex offender treatment programs                                    
07       offered to persons who are committed to the custody of the commissioner;                                          
08                 (6)  provide for fingerprinting in correctional facilities in accordance                                
09       with AS 12.80.060; [AND]                                                                                          
10                 (7)  establish a program to conduct assessments of the risks and needs                                  
11       of offenders sentenced to serve a term of incarceration of 30 days or more and provide                            
12       to the legislature, by electronic means, by January 15, 2017, and thereafter by                                   
13       January 15, preceding the first regular session of each legislature, a report                                     
14       summarizing the findings and results of the program;                                                          
15                 (8)  approve programs to qualify a prisoner for earned good time                                    
16       under AS 33.20.025; and                                                                                       
17                 (9)  establish minimum standards for electronic monitoring for                                      
18       offenders and procedures for approving electronic monitoring programs                                         
19       provided by private contractors.                                                                              
20    * Sec. 29. AS 33.30.061(c) is amended to read:                                                                     
21            (c)  The commissioner may, under AS 33.30.065, designate a prisoner to serve                                 
22       the prisoner's term of imprisonment or period of temporary commitment, or a part of                               
23       the term or period, by electronic monitoring. A prisoner serving a term of                                        
24       imprisonment, or a period of temporary commitment, for a crime involving domestic                                 
25       violence against a household member as described in AS 18.66.990(5)(D) is not                                 
26       eligible for electronic monitoring.                                                                               
27    * Sec. 30. AS 33.30 is amended by adding a new section to read:                                                    
28            Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The                                 
29       commissioner shall establish a program to prepare a prisoner who is serving a sentence                            
30       of imprisonment exceeding one year for the prisoner's discharge, release on parole or                             
31       probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the                               
01       date of the prisoner's discharge, release, or furlough.                                                           
02            (b)  The program established under (a) of this section must include                                          
03                 (1)  instruction on                                                                                     
04                      (A)  obtaining state identification;                                                               
05                      (B)  community resources available for housing, employment,                                        
06            and treatment;                                                                                               
07                 (2)  an individualized reentry plan for the prisoner; and                                               
08                 (3)  probation and parole orientation, if appropriate.                                                  
09    * Sec. 31. AS 47.27.015 is amended by adding a new subsection to read:                                             
10            (i)  A person convicted after August 22, 1996, of an offense that is classified as                           
11       a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has                            
12       as an element the possession, use, or distribution of a controlled substance, as defined                          
13       in AS 11.71.900, is disqualified from receiving temporary assistance under this                                   
14       chapter or food stamps under AS 47.25 unless the person demonstrates, to the                                      
15       satisfaction of the department, that the person                                                                   
16                 (1)  is satisfactorily serving, or has successfully completed, a period of                              
17       probation or parole;                                                                                              
18                 (2)  is in the process of serving, or has successfully completed,                                       
19       mandatory participation in a drug or alcohol treatment program; or                                                
20                 (3)  has taken action toward rehabilitation, including participation in a                               
21       drug or alcohol treatment program.                                                                                
22    * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24            DIRECT COURT RULE AMENDMENT. Rule 35(b), Alaska Rules of                                                     
25       Criminal Procedure, is amended to read:                                                                           
26            (b)  Modification or Reduction of Sentence. The court                                                      
27                 (1)  may modify or reduce a sentence not later than five years after                                
28       the distribution of the written judgment of the original sentencing, and before                               
29       [WITHIN] 180 days of the unconditional discharge of the defendant [THE                                        
30       DISTRIBUTION OF THE WRITTEN JUDGMENT UPON A MOTION MADE IN                                                        
31       THE ORIGINAL CRIMINAL CASE];                                                                                      
01                 (2)  may not entertain a second or successive motion for similar relief                                 
02       brought under this paragraph on behalf of the same defendant;                                                     
03                 (3)  may not reduce or modify a sentence so as to impose a term of                                      
04       imprisonment that is less than the minimum required by law;                                                       
05                 (4)  may not reduce a sentence imposed in accordance with a plea                                        
06       agreement between the defendant and the prosecuting attorney that provided for                                    
07       imposition of a specific sentence or a sentence equal to or less than a specified                                 
08       maximum; and                                                                                                      
09                 (5)  may not reduce a sentence below the minimum specified in a plea                                    
10       agreement between the defendant and the prosecuting attorney.                                                     
11    * Sec. 33. AS 12.55.027(d) and 12.55.090(f) are repealed.                                                          
12    * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to                         
13 read:                                                                                                                   
14       INDIRECT COURT RULE AMENDMENT. AS 12.55.055(g), added by sec. 8 of this                                           
15 Act, has the effect of changing Rule 32, Alaska Rules of Criminal Procedure, by directing the                           
16 court to include a provision in the judgment that community work hours that are not                                     
17 completed shall be converted to a fine as provided in AS 12.55.055(h), added by sec. 8 of this                          
18 Act.                                                                                                                    
19    * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21       APPLICABILITY. (a) AS 11.56.740(d), enacted by sec. 1 of this Act, applies to                                     
22 offenses committed on or after the effective date of sec. 1 of this Act.                                                
23       (b)  AS 12.30.011(b), as amended by sec. 2 of this Act, applies to conditions of release                          
24 imposed on or after the effective date of sec. 2 of this Act for offenses occurring before, on, or                      
25 after the effective date of sec. 2 of this Act.                                                                         
26       (c)  AS 12.55.029, enacted by sec. 4 of this Act, applies to a sentence imposed on or                             
27 after the effective date of sec. 4 of this Act for an offense committed before, on, or after the                        
28 effective date of sec. 4 of this Act.                                                                                   
29       (d)  AS 12.55.039(a), as amended by sec. 5 of this Act, AS 12.55.055(a), as amended                               
30 by sec. 6 of this Act, AS 12.55.055(c), as amended by sec. 7 of this Act, and AS 12.55.055(g)                           
31 and (h), enacted by sec. 8 of this Act, apply to a surcharge or community work service                                  
01 imposed on or after the effective date of secs. 5 - 8 of this Act for an offense committed on or                        
02 after the effective date of secs. 5 - 8 of this Act.                                                                    
03       (e)  AS 12.55.085(b), as amended by sec. 9 of this Act, AS 12.55.088(a), as amended                               
04 by sec. 10 of this Act, AS 12.55.090(c), as amended by sec. 12 of this Act, AS 12.55.095,                               
05 enacted by sec. 13 of this Act, AS 12.55.110(c), enacted by sec. 14 of this Act,                                        
06 AS 12.55.155(d)(17), as amended by sec. 15 of this Act, AS 33.05.025, enacted by sec. 22 of                             
07 this Act, AS 33.20.010(c), as amended by sec. 26 of this Act, and AS 33.30.061(c), as                                   
08 amended by sec. 29 of this Act, apply to a sentence imposed on or after the effective date of                           
09 secs. 9, 10, 12, 13, 14, 15, 22, 26, and 29 of this Act for an offense committed on or after the                        
10 effective date of secs. 9, 10, 12, 13, 14, 15, 22, 26, and 29 of this Act.                                              
11       (f)  AS 28.15.165(e), enacted by sec. 16 of this Act, applies to the revocation of a                              
12 driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165                               
13 occurring on or after the effective date of sec. 16 of this Act for conduct occurring before, on,                       
14 or after the effective date of sec. 16 of this Act.                                                                     
15       (g)  The changes made to AS 28.15.181(f), as amended by sec. 17 of this Act,                                      
16 AS 28.15.201(g) and (h), enacted by sec. 18 of this Act, AS 28.35.028(b), as amended by sec.                            
17 19 of this Act, and AS 28.35.030(o), as amended by sec. 20 of this Act, apply to convictions                            
18 occurring before, on, or after the effective date of secs. 17 - 20 of this Act.                                         
19       (h)  AS 12.55.090(b), as amended by sec. 11 of this Act, AS 33.05.040, as amended by                              
20 sec. 23 of this Act, AS 33.20.025, enacted by sec. 27 of this Act, AS 33.30.011, as amended                             
21 by sec. 28 of this Act, and AS 33.30.095, enacted by sec. 30 of this Act, apply to a sentence                           
22 imposed on or after the effective date of secs. 11, 23, 27, 28, and 30 of this Act for an offense                       
23 committed on or after the effective date of secs. 11, 23, 27, 28, and 30 of this Act.                                   
24       (i)  AS 33.16.210(c), enacted by sec. 25 of this Act, applies to a sentence imposed on                            
25 or after the effective date of sec. 25 of this Act for an offense committed on or after the                             
26 effective date of sec. 25 of this Act.                                                                                  
27       (j)  AS 33.05.070(b), as amended by sec. 24 of this Act, applies to offenses committed                            
28 on or after the effective date of sec. 24 of this Act.                                                                  
29    * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31       CONDITIONAL EFFECT. (a) AS 12.55.055(g), added by sec. 8 of this Act, takes                                       
01 effect only if sec. 34 of this Act receives the two-thirds majority vote of each house required                         
02 by art. IV, sec. 15, Constitution of the State of Alaska.                                                               
03       (b)  AS 12.55.088(a), as amended by sec. 10 of this Act, takes effect only if sec. 32 of                          
04 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
05 Constitution of the State of Alaska.                                                                                    
06    * Sec. 37. Sections 11, 17 - 20, 23, 27, 28, 30, and 35(g) and (h) of this Act take effect                         
07 July 1, 2015.                                                                                                           
08    * Sec. 38. Sections 25 and 35(i) of this Act take effect January 1, 2016.