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CSSSSB 91(STA): "An Act relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; establishing a pretrial services program with pretrial services officers in the Department of Corrections; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violations of municipal ordinances; relating to parole; relating to correctional restitution centers; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to the disqualification of persons convicted of certain felony drug offenses from participation in the food stamp and temporary assistance programs; relating to the disqualification of persons convicted of specified drug offenses from receiving public assistance; relating to the duties of the commissioner of corrections; amending Rules 6, 32, 32.1, 38, 41, and 43, Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and (e), Alaska Rules of Criminal Procedure; and providing for an effective date."

00           CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(STA)                                                         
01 "An Act relating to criminal law and procedure; relating to controlled substances;                                      
02 relating to probation; relating to sentencing; establishing a pretrial services program                                 
03 with pretrial services officers in the Department of Corrections; relating to permanent                                 
04 fund dividends; relating to electronic monitoring; relating to penalties for violations of                              
05 municipal ordinances; relating to parole; relating to correctional restitution centers;                                 
06 relating to community work service; relating to revocation, termination, suspension,                                    
07 cancellation, or restoration of a driver's license; relating to the disqualification of                                 
08 persons convicted of certain felony drug offenses from participation in the food stamp                                  
09 and temporary assistance programs; relating to the disqualification of persons convicted                                
10 of specified drug offenses from receiving public assistance; relating to the duties of the                              
11 commissioner of corrections; amending Rules 6, 32, 32.1, 38, 41, and 43, Alaska Rules of                                
12 Criminal Procedure, and repealing Rules 41(d) and (e), Alaska Rules of Criminal                                         
01 Procedure; and providing for an effective date."                                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 11.41.110(a) is amended to read:                                                                   
04            (a)  A person commits the crime of murder in the second degree if                                            
05                 (1)  with intent to cause serious physical injury to another person or                                  
06       knowing that the conduct is substantially certain to cause death or serious physical                              
07       injury to another person, the person causes the death of any person;                                              
08                 (2)  the person knowingly engages in conduct that results in the death                                  
09       of another person under circumstances manifesting an extreme indifference to the                                  
10       value of human life;                                                                                              
11                 (3)  under circumstances not amounting to murder in the first degree                                    
12       under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                              
13       person commits or attempts to commit arson in the first degree, kidnapping, sexual                                
14       assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                         
15       in the first degree, sexual abuse of a minor in the second degree, burglary in the first                          
16       degree, escape in the first or second degree, robbery in any degree, or misconduct                                
17       involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) -                        
18       (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course                      
19       of or in furtherance of that crime or in immediate flight from that crime, any person                             
20       causes the death of a person other than one of the participants;                                                  
21                 (4)  acting with a criminal street gang, the person commits or attempts                                 
22       to commit a crime that is a felony and, in the course of or in furtherance of that crime                          
23       or in immediate flight from that crime, any person causes the death of a person other                             
24       than one of the participants; or                                                                                  
25                 (5)  the person with criminal negligence causes the death of a child                                    
26       under the age of 16, and the person has been previously convicted of a crime involving                            
27       a child under the age of 16 that was                                                                              
28                      (A)  a felony violation of AS 11.41;                                                               
29                      (B)  in violation of a law or ordinance in another jurisdiction                                    
30            with elements similar to a felony under AS 11.41; or                                                         
01                      (C)  an attempt, a solicitation, or a conspiracy to commit a                                       
02            crime listed in (A) or (B) of this paragraph.                                                                
03    * Sec. 2. AS 11.41.150(a) is amended to read:                                                                      
04            (a)  A person commits the crime of murder of an unborn child if the person                                   
05                 (1)  with intent to cause the death of an unborn child or of another                                    
06       person, causes the death of an unborn child;                                                                      
07                 (2)  with intent to cause serious physical injury to an unborn child or to                              
08       another person or knowing that the conduct is substantially certain to cause death or                             
09       serious physical injury to an unborn child or to another person, causes the death of an                           
10       unborn child;                                                                                                     
11                 (3)  while acting alone or with one or more persons, commits or                                         
12       attempts to commit arson in the first degree, kidnapping, sexual assault in the first                             
13       degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                         
14       sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                         
15       first or second degree, robbery in any degree, or misconduct involving a controlled                               
16       substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a),                            
17       11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in                                   
18       furtherance of that crime or in immediate flight from that crime, any person causes the                           
19       death of an unborn child;                                                                                         
20                 (4)  knowingly engages in conduct that results in the death of an unborn                                
21       child under circumstances manifesting an extreme indifference to the value of human                               
22       life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                  
23       relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                 
24       does not constitute conduct manifesting an extreme indifference to the value of human                             
25       life.                                                                                                             
26    * Sec. 3. AS 11.46.130(a) is amended to read:                                                                      
27            (a)  A person commits the crime of theft in the second degree if the person                                  
28       commits theft as defined in AS 11.46.100 and                                                                      
29                 (1)  the value of the property or services is $2,000 [$750] or more but                             
30       less than $25,000;                                                                                                
31                 (2)  the property is a firearm or explosive;                                                            
01                 (3)  the property is taken from the person of another;                                                  
02                 (4)  the property is taken from a vessel and is vessel safety or survival                               
03       equipment;                                                                                                        
04                 (5)  the property is taken from an aircraft and the property is aircraft                                
05       safety or survival equipment;                                                                                     
06                 (6)  the value of the property is $250 or more but less than $2,000                                 
07       [$750] and, within the preceding five years, the person has been convicted and                                    
08       sentenced on two or more separate occasions in this or another jurisdiction of                                    
09                      (A)  an offense under AS 11.46.120, or an offense under                                            
10            another law or ordinance with similar elements;                                                              
11                      (B)  a crime set out in this subsection or an offense under                                        
12            another law or ordinance with similar elements;                                                              
13                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
14            another law or ordinance with similar elements; or                                                           
15                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
16            offense under another law or ordinance with similar elements; or                                             
17                 (7)  the property is an access device.                                                                  
18    * Sec. 4. AS 11.46.140(a) is amended to read:                                                                      
19            (a)  A person commits the crime of theft in the third degree if the person                                   
20       commits theft as defined in AS 11.46.100 and                                                                      
21                 (1)  the value of the property or services is $250 or more but less than                                
22       $2,000 [$750]; or                                                                                             
23                 (2)  [REPEALED]                                                                                         
24                 (3)  the value of the property is less than $250 and, within the past five                              
25       years, the person has been convicted and sentenced on two or more separate occasions                              
26       in this or another jurisdiction of theft or concealment of merchandise, or an offense                             
27       under another law or ordinance with similar elements.                                                             
28    * Sec. 5. AS 11.46.220(c) is amended to read:                                                                      
29            (c)  Concealment of merchandise is                                                                           
30                 (1)  a class C felony if                                                                                
31                      (A)  the merchandise is a firearm;                                                                 
01                      (B)  the value of the merchandise is $2,000 [$750] or more; or                                 
02                      (C)  the value of the merchandise is $250 or more but less than                                    
03            $2,000 [$750] and, within the preceding five years, the person has been                                  
04            convicted and sentenced on two or more separate occasions in this or another                                 
05            jurisdiction of                                                                                              
06                           (i)  the offense of concealment of merchandise under                                          
07                 this paragraph or (2)(A) of this subsection, or an offense under another                                
08                 law or ordinance with similar elements; or                                                              
09                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
10                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
11                 similar elements;                                                                                       
12                 (2)  a class A misdemeanor if                                                                           
13                      (A)  the value of the merchandise is $250 or more but less than                                    
14            $2,000 [$750]; or                                                                                        
15                      (B)  the value of the merchandise is less than $250 and, within                                    
16            the preceding five years, the person has been convicted and sentenced on two                                 
17            or more separate occasions of the offense of concealment of merchandise or                                   
18            theft in any degree, or an offense under another law or ordinance with similar                               
19            elements;                                                                                                    
20                 (3)  a class B misdemeanor if the value of the merchandise is less than                                 
21       $250.                                                                                                             
22    * Sec. 6. AS 11.46.260(b) is amended to read:                                                                      
23            (b)  Removal of identification marks is                                                                      
24                 (1)  a class C felony if the value of the property on which the serial                                  
25       number or identification mark appeared is $2,000 [$750] or more;                                              
26                 (2)  a class A misdemeanor if the value of the property on which the                                    
27       serial number or identification mark appeared is $250 or more but less than $2,000                            
28       [$750];                                                                                                           
29                 (3)  a class B misdemeanor if the value of the property on which the                                    
30       serial number or identification mark appeared is less than $250.                                                  
31    * Sec. 7. AS 11.46.270(b) is amended to read:                                                                      
01            (b)  Unlawful possession is                                                                                  
02                 (1)  a class C felony if the value of the property on which the serial                                  
03       number or identification mark appeared is $2,000 [$750] 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 or more but less than $2,000                            
06       [$750];                                                                                                           
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.                                                  
09    * Sec. 8. AS 11.46.280(d) is amended to read:                                                                      
10            (d)  Issuing a bad check is                                                                                  
11                 (1)  a class B felony if the face amount of the check is $25,000 or more;                               
12                 (2)  a class C felony if the face amount of the check is $2,000 [$750] or                           
13       more but less than $25,000;                                                                                       
14                 (3)  a class A misdemeanor if the face amount of the check is $250 or                                   
15       more but less than $2,000 [$750];                                                                             
16                 (4)  a class B misdemeanor if the face amount of the check is less than                                 
17       $250.                                                                                                             
18    * Sec. 9. AS 11.46.285(b) is amended to read:                                                                      
19            (b)  Fraudulent use of an access device is                                                                   
20                 (1)  a class B felony if the value of the property or services obtained is                              
21       $25,000 or more;                                                                                                  
22                 (2)  a class C felony if the value of the property or services obtained is                              
23       $50 [$750] or more but less than $25,000;                                                                     
24                 (3)  a class A misdemeanor if the value of the property or services                                     
25       obtained is less than $50 [$750].                                                                             
26    * Sec. 10. AS 11.46.460 is amended to read:                                                                        
27            Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits                                   
28       the offense [CRIME] of disregard of a highway obstruction if, without the right to do                         
29       so or a reasonable ground to believe the person has the right, the person                                         
30                 (1)  drives a vehicle through, over, or around an obstruction erected on                            
31       [UPON] a highway under authority of AS 19.10.100; or                                                              
01                 (2)  opens an obstruction erected on [UPON] a highway under authority                               
02       of AS 19.10.100.                                                                                                  
03            (b)  Violation of this section is a violation punishable by a fine of not more                           
04       than $1,000 [CLASS B MISDEMEANOR].                                                                            
05    * Sec. 11. AS 11.46.482(a) is amended to read:                                                                     
06            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
07       having no right to do so or any reasonable ground to believe the person has such a                                
08       right,                                                                                                            
09                 (1)  with intent to damage property of another, the person damages                                      
10       property of another in an amount of $2,000 [$750] or more;                                                    
11                 (2)  the person recklessly creates a risk of damage in an amount                                        
12       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
13                 (3)  the person knowingly                                                                               
14                      (A)  defaces, damages, or desecrates a cemetery or the contents                                    
15            of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                  
16            grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                 
17            memorial appears to be abandoned, lost, or neglected;                                                        
18                      (B)  removes human remains or associated burial artifacts from                                     
19            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
20            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
21    * Sec. 12. AS 11.46.484(a) is amended to read:                                                                     
22            (a)  A person commits the crime of criminal mischief in the fourth degree if,                                
23       having no right to do so or any reasonable ground to believe the person has such a                                
24       right                                                                                                             
25                 (1)  with intent to damage property of another, the person damages                                      
26       property of another in an amount of $250 or more but less than $2,000 [$750];                                 
27                 (2)  the person tampers with a fire protection device in a building that is                             
28       a public place;                                                                                                   
29                 (3)  the person knowingly accesses a computer, computer system,                                         
30       computer program, computer network, or part of a computer system or network;                                      
31                 (4)  the person uses a device to descramble an electronic signal that has                               
01       been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                
02       device is used only to descramble signals received directly from a satellite or unless                            
03       the person owned the device before September 18, 1984; or                                                         
04                 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                
05       shoots at, destroys, or otherwise tampers with an official traffic control device or                              
06       damages the work on [UPON] a highway under construction.                                                      
07    * Sec. 13. AS 11.46.530(b) is amended to read:                                                                     
08            (b)  Criminal simulation is                                                                                  
09                 (1)  a class C felony if the value of what the object purports to represent                             
10       is $2,000 [$750] or more;                                                                                     
11                 (2)  a class A misdemeanor if the value of what the object purports to                                  
12       represent is $250 or more but less than $2,000 [$750];                                                        
13                 (3)  a class B misdemeanor if the value of what the object purports to                                  
14       represent is less than $250.                                                                                      
15    * Sec. 14. AS 11.46.620(d) is amended to read:                                                                     
16            (d)  Misapplication of property is                                                                           
17                 (1)  a class C felony if the value of the property misapplied is $2,000                             
18       [$750] or more;                                                                                                   
19                 (2)  a class A misdemeanor if the value of the property misapplied is                                   
20       less than $2,000 [$750].                                                                                      
21    * Sec. 15. AS 11.46.730(c) is amended to read:                                                                     
22            (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                
23       judgment creditor, or creditor incurs a pecuniary loss of $2,000 [$750] or more as a                          
24       result of [TO] the defendant's conduct, in which case defrauding secured creditors is                         
25                 (1)  a class B felony if the loss is $25,000 or more;                                                   
26                 (2)  a class C felony if the loss is $2,000 [$750] or more but less than                            
27       $25,000.                                                                                                          
28    * Sec. 16. AS 11.56.730 is amended by adding a new subsection to read:                                             
29            (d)  In a prosecution for failure to appear under (a) of this section, it is not a                           
30       defense that the defendant was not provided or did not receive a notice or reminder                               
31       notification from a court or judicial officer under Rule 38(d), Alaska Rules of                                   
01       Criminal Procedure.                                                                                               
02    * Sec. 17. AS 11.56.757(a) is amended to read:                                                                     
03            (a)  A person commits the offense [CRIME] of violation of condition of                                   
04       release if the person                                                                                             
05                 (1)  has been charged with a crime or convicted of a crime;                                             
06                 (2)  has been released under AS 12.30; and                                                              
07                 (3)  violates a condition of release imposed by a judicial officer under                                
08       AS 12.30, other than the requirement to appear as ordered by a judicial officer.                                  
09    * Sec. 18. AS 11.56.757(b) is amended to read:                                                                     
10            (b)  Violation of condition of release is a violation punishable by a fine of up                         
11       to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED                                                
12       FROM A CHARGE OR CONVICTION OF A FELONY;                                                                          
13                 (2)  A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED                                                    
14       FROM A CHARGE OR CONVICTION OF A MISDEMEANOR].                                                                    
15    * Sec. 19. AS 11.56.759(a) is amended to read:                                                                     
16            (a)  A person commits the crime of violation by sex offender of condition of                                 
17       probation if the person                                                                                           
18                 (1)  is on probation for conviction of a sex offense;                                                   
19                 (2)  has served the entire term of incarceration imposed for conviction                                 
20       of the sex offense; and                                                                                           
21                 (3)  violates a condition of probation imposed under                                                    
22       AS 12.55.100(a)(2)(E), (a)(2)(F) [AS 12.55.100(a)(5), (a)(6)], or (e), 12.55.101(a)(1),                       
23       or any other condition imposed by the court that the court finds to be specifically                               
24       related to the defendant's offense.                                                                               
25    * Sec. 20. AS 11.61.110(c) is amended to read:                                                                     
26            (c)  Disorderly conduct is a class B misdemeanor and is punishable by a                                  
27       definite term [AS AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE] of                                           
28       imprisonment [, IF IMPOSED, SHALL BE FOR A DEFINITE TERM] of not more                                             
29       than 24 hours [10 DAYS].                                                                                      
30    * Sec. 21. AS 11.61.145(d) is amended to read:                                                                     
31            (d)  Promoting an exhibition of fighting animals                                                             
01                 (1)  under (a)(1) or (2) of this section is a class C felony;                                           
02                 (2)  under (a)(3) of this section is                                                                    
03                      (A)  a violation                                                                               
04                           (i)  for the first offense;                                                           
05                           (ii)  punishable by a fine of not more than $1,000 [, A                                   
06                 CLASS B MISDEMEANOR] for the second offense; [,] and                                                
07                      (B)  a class A misdemeanor for the third and each subsequent                                   
08            offense.                                                                                                     
09    * Sec. 22. AS 11.61.150(a) is amended to read:                                                                     
10            (a)  A person commits the offense [CRIME] of obstruction of highways if the                              
11       person knowingly                                                                                                  
12                 (1)  places, drops, or permits to drop on a highway any substance that                                  
13       creates a substantial risk of physical injury to others using the highway; or                                     
14                 (2)  renders a highway impassable or passable only with unreasonable                                    
15       inconvenience or hazard.                                                                                          
16    * Sec. 23. AS 11.61.150(c) is amended to read:                                                                     
17            (c)  Obstruction of highways is a violation punishable by a fine of not more                             
18       than $1,000 [CLASS B MISDEMEANOR].                                                                            
19    * Sec. 24. AS 11.66.200(c) is amended to read:                                                                     
20            (c)  Gambling is a violation                                                                                 
21                 (1)  for the first offense;                                                                     
22                 (2)  punishable by a fine of not more than $1,000 [. GAMBLING IS                                    
23       A CLASS B MISDEMEANOR] for the second and each subsequent offense.                                                
24    * Sec. 25. AS 11.71.030(a) is amended to read:                                                                     
25            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
26       misconduct involving a controlled substance in the second [THIRD] degree if the                               
27       person                                                                                                            
28                 (1)  [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER                                                          
29       AS 11.71.020(a)(2) - (6),] manufactures or delivers 2.5 grams or more [ANY                                    
30       AMOUNT] of a schedule IA, IIA, or IIIA controlled substance or possesses 2.5                          
31       grams or more [ANY AMOUNT] of a schedule IA, IIA, or IIIA controlled substance                        
01       with intent to manufacture or deliver;                                                                            
02                 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                       
03       substance to a person under 19 years of age who is at least three years younger than                              
04       the person delivering the substance; [OR]                                                                         
05                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
06                      (A)  with reckless disregard that the possession occurs                                            
07                           (i)  on or within 500 feet of school grounds; or                                              
08                           (ii)  at or within 500 feet of a recreation or youth center;                                  
09                 or                                                                                                      
10                      (B)  on a school bus;                                                                          
11                 (4)  manufactures any material, compound, mixture, or                                               
12       preparation that contains                                                                                     
13                      (A)  methamphetamine, or its salts, isomers, or salts of                                       
14            isomers; or                                                                                              
15                      (B)  an immediate precursor of methamphetamine, or its                                         
16            salts, isomers, or salts of isomers;                                                                     
17                 (5)  possesses an immediate precursor of methamphetamine, or the                                    
18       salts, isomers, or salts of isomers of the immediate precursor of                                             
19       methamphetamine, with the intent to manufacture any material, compound,                                       
20       mixture, or preparation that contains methamphetamine, or its salts, isomers, or                              
21       salts of isomers;                                                                                             
22                 (6)  possesses a listed chemical with intent to manufacture any                                     
23       material, compound, mixture, or preparation that contains                                                     
24                      (A)  methamphetamine, or its salts, isomers, or salts of                                       
25            isomers; or                                                                                              
26                      (B)  an immediate precursor of methamphetamine, or its                                         
27            salts, isomers, or salts of isomers;                                                                     
28                 (7)  possesses methamphetamine in an organic solution with intent                                   
29       to extract from it methamphetamine or its salts, isomers, or salts of isomers; or                             
30                 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                   
31       delivers                                                                                                      
01                      (A)  an immediate precursor of methamphetamine, or the                                         
02            salts, isomers, or salts of isomers of the immediate precursor of                                        
03            methamphetamine, to another person with reckless disregard that the                                      
04            precursor will be used to manufacture any material, compound, mixture,                                   
05            or preparation that contains methamphetamine, or its salts, isomers, or                                  
06            salts of isomers; or                                                                                     
07                      (B)  a listed chemical to another person with reckless                                         
08            disregard that the listed chemical will be used to manufacture any                                       
09            material, compound, mixture, or preparation that contains                                                
10                           (i)  methamphetamine, or its salts, isomers, or salts of                                  
11                 isomers;                                                                                            
12                           (ii)  an immediate precursor of methamphetamine, or                                       
13                 its salts, isomers, or salts of isomers; or                                                         
14                           (iii)  methamphetamine or its salts, isomers, or salts                                    
15                 of isomers in an organic solution.                                                                  
16    * Sec. 26. AS 11.71.030(c) is amended to read:                                                                     
17            (c)  Misconduct involving a controlled substance in the second [THIRD]                                   
18       degree is a class B felony.                                                                                       
19    * Sec. 27. AS 11.71.030 is amended by adding new subsections to read:                                              
20            (d)  In a prosecution under (a) of this section, possession of more than six                                 
21       grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                 
22       the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                           
23       the person intended to use the listed chemicals to manufacture, aid or abet another                               
24       person to manufacture, or deliver to another person who intends to manufacture                                    
25       methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                             
26       of methamphetamine or its immediate precursors. The prima facie evidence described                                
27       in this subsection does not apply to a person who possesses                                                       
28                 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                   
29       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
30                      (A)  and the listed chemical was dispensed to the person under a                                   
31            valid prescription; or                                                                                       
01                      (B)  in the ordinary course of a legitimate business, or an                                        
02            employee of a legitimate business, as a                                                                      
03                           (i)  retailer or wholesaler;                                                                  
04                           (ii)  wholesale drug distributor licensed by the Board of                                     
05                 Pharmacy;                                                                                               
06                           (iii)  manufacturer of drug products licensed by the                                          
07                 Board of Pharmacy;                                                                                      
08                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
09                           (v)  health care professional licensed by the state; or                                       
10                 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                  
11       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                               
12       kept in a locked storage area on the premises of a legitimate business or nonprofit                               
13       organization operating a camp, lodge, school, day care center, treatment center, or                               
14       other organized group activity, and the location or nature of the activity, or the age of                         
15       the participants, makes it impractical for the participants in the activity to obtain                             
16       medicinal products.                                                                                               
17            (e)  In this section, "listed chemical" means a chemical described under                                     
18       AS 11.71.200.                                                                                                     
19    * Sec. 28. AS 11.71.040(a) is amended to read:                                                                     
20            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
21       misconduct involving a controlled substance in the third [FOURTH] degree if the                               
22       person                                                                                                            
23                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
24       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
25       substance with intent to manufacture or deliver;                                                                  
26                 (2)  manufactures or delivers, or possesses with the intent to                                          
27       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
28       of an aggregate weight of one ounce or more containing a schedule VIA controlled                                  
29       substance;                                                                                                        
30                 (3)  possesses                                                                                          
31                      (A)  any amount of a                                                                               
01                           (i)  schedule IA controlled substance; or                                                     
02                           (ii)  IIA controlled substance except a controlled                                            
03                 substance listed in AS 11.71.150(e)(11) - (15);                                                         
04                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
05            schedule IIIA or IVA controlled substance;                                                                   
06                      (C)  one or more preparations, compounds, mixtures, or                                             
07            substances of an aggregate weight of                                                                         
08                           (i)  three grams or more containing a schedule IIIA or                                        
09                 IVA controlled substance except a controlled substance in a form listed                                 
10                 in (ii) of this subparagraph;                                                                           
11                           (ii)  12 grams or more containing a schedule IIIA                                             
12                 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                  
13                 sprayed on or otherwise applied to tobacco, an herb, or another organic                                 
14                 material; or                                                                                            
15                           (iii)  500 milligrams or more of a schedule IIA                                               
16                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
17                      (D)  50 or more tablets, ampules, or syrettes containing a                                         
18            schedule VA controlled substance;                                                                            
19                      (E)  one or more preparations, compounds, mixtures, or                                             
20            substances of an aggregate weight of six grams or more containing a schedule                                 
21            VA controlled substance;                                                                                     
22                      (F)  one or more preparations, compounds, mixtures, or                                             
23            substances of an aggregate weight of four ounces or more containing a                                        
24            schedule VIA controlled substance; or                                                                        
25                      (G)  25 or more plants of the genus cannabis;                                                      
26                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
27                      (A)  with reckless disregard that the possession occurs                                            
28                           (i)  on or within 500 feet of school grounds; or                                              
29                           (ii)  at or within 500 feet of a recreation or youth center;                                  
30                 or                                                                                                      
31                      (B)  on a school bus;                                                                              
01                 (5)  knowingly keeps or maintains any store, shop, warehouse,                                           
02       dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                         
03       keeping or distributing controlled substances in violation of a felony offense under this                         
04       chapter or AS 17.30;                                                                                              
05                 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                 
06       thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                          
07       mark, imprint, or device of another or any likeness of any of these on [UPON] a drug,                         
08       drug container, or labeling so as to render the drug a counterfeit substance;                                     
09                 (7)  knowingly uses in the course of the manufacture or distribution of a                               
10       controlled substance a registration number that is fictitious, revoked, suspended, or                             
11       issued to another person;                                                                                         
12                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
13       material information from any application, report, record, or other document required                             
14       to be kept or filed under AS 17.30;                                                                               
15                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
16       fraud, forgery, deception, or subterfuge; [OR]                                                                    
17                 (10)  affixes a false or forged label to a package or other container                                   
18       containing any controlled substance; or                                                                       
19                 (11)  manufactures or delivers less than 2.5 grams of a schedule IA,                                
20       IIA, or IIIA controlled substance or possesses less than 2.5 grams of a schedule                              
21       IA, IIA, or IIIA controlled substance with intent to manufacture or deliver.                                  
22    * Sec. 29. AS 11.71.040(d) is amended to read:                                                                     
23            (d)  Misconduct involving a controlled substance in the third [FOURTH]                                   
24       degree is a class C felony.                                                                                       
25    * Sec. 30. AS 11.71.050 is amended to read:                                                                        
26            Sec. 11.71.050. Misconduct involving a controlled substance in the fourth                                
27       [FIFTH] degree. (a)  Except as authorized in AS 17.30, a person commits the crime                               
28       of misconduct involving a controlled substance in the fourth [FIFTH] degree if the                            
29       person                                                                                                            
30                 (1)  manufactures or delivers, or possesses with the intent to                                          
31       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
01       of an aggregate weight of less than one ounce containing a schedule VIA controlled                                
02       substance;                                                                                                        
03                 (2)  possesses                                                                                          
04                      (A)  less than 25 tablets, ampules, or syrettes containing a                                       
05            schedule IIIA or IVA controlled substance;                                                                   
06                      (B)  one or more preparations, compounds, mixtures, or                                             
07            substances of an aggregate weight of less than                                                               
08                           (i)  three grams containing a schedule IIIA or IVA                                            
09                 controlled substance except a controlled substance in a form listed in                                  
10                 (ii) of this subparagraph;                                                                              
11                           (ii)  12 grams but more than six grams containing a                                           
12                 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16)                                  
13                 that has been sprayed on or otherwise applied to tobacco, an herb, or                                   
14                 another organic material; or                                                                            
15                           (iii)  500 milligrams containing a schedule IIA                                               
16                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
17                      (C)  less than 50 tablets, ampules, or syrettes containing a                                       
18            schedule VA controlled substance;                                                                            
19                      (D)  one or more preparations, compounds, mixtures, or                                             
20            substances of an aggregate weight of less than six grams containing a schedule                               
21            VA controlled substance; or                                                                                  
22                      (E)  one or more preparations, compounds, mixtures, or                                             
23            substances of an aggregate weight of one ounce or more containing a schedule                                 
24            VIA controlled substance; [OR]                                                                               
25                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
26       statement, invoice, or information required under AS 17.30; or                                                
27                 (4)  under circumstances not proscribed under                                                       
28       AS 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA, or                              
29       VA controlled substance.                                                                                      
30            (b)  Misconduct involving a controlled substance in the fourth [FIFTH] degree                            
31       is a class A misdemeanor.                                                                                         
01    * Sec. 31. AS 11.71.060 is amended to read:                                                                        
02            Sec. 11.71.060. Misconduct involving a controlled substance in the fifth                                 
03       [SIXTH] degree. (a)  Except as authorized in AS 17.30, a person commits the crime                               
04       of misconduct involving a controlled substance in the fifth [SIXTH] degree if the                             
05       person                                                                                                            
06                 (1)  uses or displays any amount of a schedule VIA controlled                                           
07       substance;                                                                                                        
08                 (2)  possesses one or more preparations, compounds, mixtures, or                                        
09       substances of an aggregate weight of                                                                              
10                      (A)  less than one ounce containing a schedule VIA controlled                                      
11            substance;                                                                                                   
12                      (B)  six grams or less containing a schedule IIIA controlled                                       
13            substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                    
14            otherwise applied to tobacco, an herb, or another organic material; or                                       
15                 (3)  refuses entry into a premise for an inspection authorized under                                    
16       AS 17.30.                                                                                                         
17            (b)  Misconduct involving a controlled substance in the fifth [SIXTH] degree                             
18       is a class B misdemeanor.                                                                                         
19    * Sec. 32. AS 11.71.311(a) is amended to read:                                                                     
20            (a)  A person may not be prosecuted for a violation of AS 11.71.030(a)(3),                                   
21       11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or                                
22       11.71.060(a)(1) or (2) if that person                                                                             
23                 (1)  sought, in good faith, medical or law enforcement assistance for                                   
24       another person who the person reasonably believed was experiencing a drug overdose                                
25       and                                                                                                               
26                      (A)  the evidence supporting the prosecution for an offense                                        
27            under AS 11.71.030(a)(3), 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3)                              
28            OR (4), 11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered                               
29            as a result of the person seeking medical or law enforcement assistance;                                     
30                      (B)  the person remained at the scene with the other person until                                  
31            medical or law enforcement assistance arrived; and                                                           
01                      (C)  the person cooperated with medical or law enforcement                                         
02            personnel, including by providing identification;                                                            
03                 (2)  was experiencing a drug overdose and sought medical assistance,                                    
04       and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                
05       11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or                                
06       11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for                                  
07       medical assistance.                                                                                               
08    * Sec. 33. AS 12.25.180 is amended to read:                                                                        
09            Sec. 12.25.180. When peace officer may issue citation or take person                                       
10       before the court. (a) When a peace officer stops or contacts a person for the                                   
11       commission of a class C felony offense that is not a crime against a person under                             
12       AS 11.41, arson in the third degree under AS 11.46.420, a misdemeanor, or the                             
13       violation of a municipal ordinance, the officer shall [MAY, IN THE OFFICER'S                                  
14       DISCRETION,] issue a citation to the person instead of taking the person before a                                 
15       judge or magistrate under AS 12.25.150, unless                                                                    
16                 (1)  the person does not furnish satisfactory evidence of identity;                                     
17                 (2)  the contacting officer reasonably believes the person is a danger to                               
18       self or others;                                                                                                   
19                 (3)  the crime for which the person is contacted is one involving                                       
20       violence or harm to another person or to property;                                                                
21                 (4)  [THE PERSON ASKS TO BE TAKEN BEFORE A JUDGE OR                                                     
22       MAGISTRATE UNDER AS 12.25.150; OR                                                                                 
23                 (5)]  the peace officer has probable cause to believe the person                                        
24       committed a crime against a person under AS 11.41, a sexual offense, theft in the                             
25       second degree under AS 11.46.130, escape under AS 11.56.300 - 11.56.330,                                      
26       unlawful evasion under AS 11.56.335 or 11.56.340, unlawful contact under                                      
27       AS 11.56.750 or 11.56.755, or a crime involving domestic violence; in this paragraph,                         
28                      (A)  "crime involving domestic violence" has the meaning given                                 
29            in AS 18.66.990; and                                                                                     
30                      (B)  "sexual offense" means an offense defined in                                              
31            AS 11.41.410 - 11.41.470;                                                                                
01                 (5)  the person refuses to accept service of the citation;                                          
02                 (6)  the contacting officer reasonably believes there is a risk the                                 
03       defendant will fail to appear in court; or                                                                    
04                 (7)  the peace officer is required to arrest the person under another                               
05       provision of law.                                                                                             
06            (b)  When a peace officer stops or contacts a person for the commission of an                                
07       infraction or a violation, the officer shall issue a citation instead of taking the person                        
08       before a judge or magistrate under AS 12.25.150, unless                                                           
09                 (1)  the person does not furnish satisfactory evidence of identity; [OR]                                
10                 (2)  the person refuses to accept service of the citation;                                          
11                 (3)  the peace officer has probable cause to believe the person has                                 
12       committed a violation of conditions of release under AS 11.56.757; or                                         
13                 (4)  the violation is disorderly conduct under AS 11.61.110, in                                     
14       which case the peace officer may make an arrest, but the person may be held for                               
15       not more than 24 hours after arrest.                                                                          
16    * Sec. 34. AS 12.25.180 is amended by adding a new subsection to read:                                             
17            (c)  A person may not bring a civil action for damages for a failure to comply                               
18       with the provisions of this section.                                                                              
19    * Sec. 35. AS 12.25.190(b) is amended to read:                                                                     
20            (b)  The time specified in the notice to appear shall be at least two [FIVE]                             
21       working days after the issuance of the citation.                                                                  
22    * Sec. 36. AS 12.30.006(c) is amended to read:                                                                     
23            (c)  A person who remains in custody 48 hours after appearing before a judicial                              
24       officer because of inability to meet the conditions of release shall, upon application, be                        
25       entitled to have the conditions reviewed by the judicial officer who imposed them. If                             
26       the judicial officer who imposed the conditions of release is not available, any judicial                         
27       officer in the judicial district may review the conditions. Upon review of the                                
28       conditions, the judicial officer shall revise any conditions of release that have                             
29       prevented the defendant from being released unless the judicial officer finds on                              
30       the record that there is clear and convincing evidence that less restrictive release                          
31       conditions cannot reasonably ensure the                                                                       
01                 (1)  appearance of the person in court; and                                                         
02                 (2)  safety of the victim, other persons, and the community.                                        
03    * Sec. 37. AS 12.30.006(d) is amended to read:                                                                     
04            (d)  If a person remains in custody after review of conditions by a judicial                                 
05       officer under (c) of this section, the person may request a subsequent review of                                  
06       conditions. Unless the prosecuting authority stipulates otherwise or the person has                               
07       been incarcerated for a period equal to the maximum sentence for the most serious                                 
08       charge for which the person is being held, a judicial officer may not schedule a bail                             
09       review hearing under this subsection unless                                                                       
10                 (1)  the person provides to the court and the prosecuting authority a                                   
11       written statement that new information not considered at the previous review will be                              
12       presented at the hearing; the statement must include a description of the information                             
13       and the reason the information was not presented at a previous hearing; in this                                   
14       paragraph, "new information" includes [DOES NOT INCLUDE] the person's                                     
15       inability to post the required bail;                                                                              
16                 (2)  the prosecuting authority and any surety, if applicable, have at least                             
17       48 hours' written notice before the time set for the review requested under this                                  
18       subsection; the defendant shall notify the surety; and                                                            
19                 (3)  at least seven days have elapsed between the previous review and                                   
20       the time set for the requested review; however, a person may only receive one bail                            
21       review hearing for new information relating to the person's inability to post the                             
22       required bail.                                                                                                
23    * Sec. 38. AS 12.30.006(f) is amended to read:                                                                     
24            (f)  The judicial officer shall issue written or oral findings that explain the                              
25       reasons the officer imposed the particular conditions of release or modifications or                              
26       additions to conditions previously imposed. The judicial officer shall inform the                                 
27       person that a law enforcement officer or a pretrial services officer under AS 33.07                           
28       may arrest the person without a warrant for violation of the court's order establishing                           
29       conditions of release.                                                                                            
30    * Sec. 39. AS 12.30.006 is amended by adding a new subsection to read:                                             
31            (h)  The first appearance under (a) and (b) of this section shall take place                                 
01       within 24 hours after a person's arrest absent compelling circumstances, and in no                                
02       instance shall the first appearance take place more than 48 hours after a person's arrest.                      
03    * Sec. 40. AS 12.30.011 is amended to read:                                                                        
04            Sec. 12.30.011. Release before trial. (a) A [EXCEPT AS OTHERWISE                                       
05       PROVIDED IN THIS CHAPTER, A] judicial officer shall order a person charged                                        
06       with an offense to be released on the person's personal recognizance, [OR] upon                               
07       execution of an unsecured appearance bond, or upon execution of an unsecured                                  
08       performance bond if [ON THE CONDITION THAT THE PERSON]                                                        
09                 (1)  the pretrial services officer, in a report required under                                      
10       AS 33.07, determined that the person is a low or moderate risk defendant and the                              
11       person has been charged with a misdemeanor, or that the person is a low risk                                  
12       defendant and has been charged with a class C felony; and                                                     
13                 (2)  the person has not been charged with an offense under                                          
14                      (A)  AS 11.41;                                                                                 
15                      (B)  AS 11.56.730;                                                                             
16                      (C)  AS 11.56.757;                                                                             
17                      (D)  AS 18.66.990 that involves domestic violence;                                             
18                      (E)  AS 28.35.030; or                                                                          
19                      (F)  AS 28.35.032 [OBEY ALL COURT ORDERS AND ALL                                               
20            FEDERAL, STATE, AND LOCAL LAWS; (2) APPEAR IN COURT WHEN                                                     
21            ORDERED;                                                                                                     
22                 (3)  IF REPRESENTED, MAINTAIN CONTACT WITH THE                                                          
23       PERSON'S LAWYER; AND                                                                                              
24                 (4)  NOTIFY THE PERSON'S LAWYER, WHO SHALL NOTIFY                                                       
25       THE PROSECUTING AUTHORITY AND THE COURT, NOT MORE THAN 24                                                         
26       HOURS AFTER THE PERSON CHANGES RESIDENCE].                                                                        
27            (b)  [IF A JUDICIAL OFFICER DETERMINES THAT THE RELEASE                                                      
28       UNDER (a) OF THIS SECTION WILL NOT REASONABLY ASSURE THE                                                          
29       APPEARANCE OF THE PERSON OR WILL POSE A DANGER TO THE VICTIM,                                                     
30       OTHER PERSONS, OR THE COMMUNITY, THE OFFICER SHALL IMPOSE                                                         
31       THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT WILL                                                           
01       REASONABLY ASSURE THE PERSON'S APPEARANCE AND PROTECT THE                                                         
02       VICTIM, OTHER PERSONS, AND THE COMMUNITY]. In addition to other                                               
03       conditions under [(a) OF] this section, the judicial officer may, singly or in                                    
04       combination,                                                                                                      
05                 (1)  [REQUIRE THE EXECUTION OF AN APPEARANCE BOND                                                       
06       IN A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED INTO THE                                                            
07       REGISTRY OF THE COURT, IN A SUM NOT TO EXCEED 10 PERCENT OF                                                       
08       THE AMOUNT OF THE BOND;                                                                                           
09                 (2)  REQUIRE THE EXECUTION OF A BAIL BOND WITH                                                          
10       SUFFICIENT SOLVENT SURETIES OR THE DEPOSIT OF CASH;                                                               
11                 (3)  REQUIRE THE EXECUTION OF A PERFORMANCE BOND IN                                                     
12       A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED IN THE REGISTRY OF                                                     
13       THE COURT; (4)]  place restrictions on the person's travel, association, or residence;                            
14                 (2) [(5)]  order the person to refrain from possessing a deadly weapon                              
15       on the person or in the person's vehicle or residence;                                                            
16                 (3) [(6)]  require the person to maintain employment or, if unemployed,                             
17       actively seek employment;                                                                                         
18                 (4) [(7)]  require the person to notify the person's lawyer and the                                 
19       prosecuting authority within two business days after any change in employment;                                    
20                 (5) [(8)]  require the person to avoid all contact with a victim, a                                 
21       potential witness, or a codefendant;                                                                              
22                 (6) [(9)]  require the person to refrain from the consumption and                                   
23       possession of alcoholic beverages;                                                                                
24                 (7) [(10)]  require the person to refrain from the use of a controlled                              
25       substance as defined by AS 11.71, unless prescribed by a licensed health care provider                            
26       with prescriptive authority;                                                                                      
27                 (8) [(11)]  require the person to be physically inside the person's                                 
28       residence, or in the residence of the person's third-party custodian, at time periods set                         
29       by the court, subject to AS 12.30.021;                                                                        
30                 (9) [(12)]  require the person to keep regular contact with a pretrial                          
31       services officer or law enforcement officer or agency;                                                        
01                 (10) [(13)]  order the person to refrain from entering or remaining in                              
02       premises licensed under AS 04;                                                                                    
03                 (11) [(14)]  place the person in the custody of an individual who agrees                            
04       to serve as a third-party custodian of the person as provided in AS 12.30.021;                                    
05                 (12) [(15)]  if the person is under the treatment of a licensed health care                         
06       provider, order the person to follow the provider's treatment recommendations;                                    
07                 (13) [(16)]  order the person to take medication that has been prescribed                           
08       for the person by a licensed health care provider with prescriptive authority;                                    
09                 (14) [(17)]  order the person to comply with any other condition that is                            
10       reasonably necessary to assure the appearance of the person and to assure the safety of                           
11       the victim, other persons, and the community;                                                                     
12                 (15) [(18)]  require the person to comply with a program established                                
13       under AS 47.38.020 if the person has been charged with an alcohol-related or                                      
14       substance-abuse-related offense that is an unclassified felony, a class A felony, a                               
15       sexual felony, or a crime involving domestic violence.                                                            
16            (c)  In determining the conditions of release under this chapter, the court shall                            
17       consider the following:                                                                                           
18                 (1)  the nature and circumstances of the offense charged;                                               
19                 (2)  the weight of the evidence against the person;                                                     
20                 (3)  the nature and extent of the person's family ties and relationships;                               
21                 (4)  the person's employment status and history;                                                        
22                 (5)  the length and character of the person's past and present residence;                               
23                 (6)  the person's record of convictions;                                                                
24                 (7)  the person's record of appearance at court proceedings;                                            
25                 (8)  assets available to the person to meet monetary conditions of                                      
26       release;                                                                                                          
27                 (9)  the person's reputation, character, and mental condition;                                          
28                 (10)  the effect of the offense on the victim, any threats made to the                                  
29       victim, and the danger that the person poses to the victim;                                                       
30                 (11)  any other facts that are relevant to the person's appearance or the                               
31       person's danger to the victim, other persons, or the community;                                               
01                 (12)  the conditions of release recommended by the pretrial services                                
02       officer;                                                                                                      
03                 (13)  the person's pretrial risk assessment score.                                                  
04            (d)  In making a finding regarding the release of a person under this chapter,                               
05       [(1) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER,] the burden of                                                 
06       proof is on the prosecuting authority that a person charged with an offense should be                             
07       detained or released with conditions described in [(b) OF] this section or AS 12.30.016                           
08       [;                                                                                                                
09                 (2)  THERE IS A REBUTTABLE PRESUMPTION THAT NO                                                          
10       CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY                                                            
11       ASSURE THE APPEARANCE OF THE PERSON OR THE SAFETY OF THE                                                          
12       VICTIM, OTHER PERSONS, OR THE COMMUNITY, IF THE PERSON IS                                                         
13                      (A)  CHARGED WITH AN UNCLASSIFIED FELONY, A                                                        
14            CLASS A FELONY, A SEXUAL FELONY, OR A FELONY UNDER                                                           
15            AS 28.35.030 OR 28.35.032;                                                                                   
16                      (B)  CHARGED WITH A FELONY CRIME AGAINST A                                                         
17            PERSON UNDER AS 11.41, WAS PREVIOUSLY CONVICTED OF A                                                         
18            FELONY CRIME AGAINST A PERSON UNDER AS 11.41 IN THIS                                                         
19            STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION, AND                                                      
20            LESS THAN FIVE YEARS HAVE ELAPSED BETWEEN THE DATE OF                                                        
21            THE PERSON'S UNCONDITIONAL DISCHARGE ON THE                                                                  
22            IMMEDIATELY PRECEDING OFFENSE AND THE COMMISSION OF                                                          
23            THE PRESENT OFFENSE;                                                                                         
24                      (C)  CHARGED WITH A FELONY OFFENSE COMMITTED                                                       
25            WHILE THE PERSON WAS ON RELEASE UNDER THIS CHAPTER FOR                                                       
26            A CHARGE OR CONVICTION OF ANOTHER OFFENSE;                                                                   
27                      (D)  CHARGED WITH A CRIME INVOLVING DOMESTIC                                                       
28            VIOLENCE, AND HAS BEEN CONVICTED IN THE PREVIOUS FIVE                                                        
29            YEARS OF A CRIME INVOLVING DOMESTIC VIOLENCE IN THIS                                                         
30            STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION;                                                          
31                      (E)  ARRESTED IN CONNECTION WITH AN                                                                
01            ACCUSATION THAT THE PERSON COMMITTED A FELONY OUTSIDE                                                        
02            THE STATE OR IS A FUGITIVE FROM JUSTICE FROM ANOTHER                                                         
03            JURISDICTION, AND THE COURT IS CONSIDERING RELEASE UNDER                                                     
04            AS 12.70].                                                                                                   
05    * Sec. 41. AS 12.30.011 is amended by adding new subsections to read:                                              
06            (e)  Except as provided in (f) of this section, a judicial officer may order that a                          
07       person charged with an offense, in addition to other conditions imposed under this                                
08       section, be released                                                                                              
09                 (1)  on the person's own recognizance;                                                                  
10                 (2)  upon execution of an unsecured appearance bond; or                                                 
11                 (3)  upon execution of an unsecured performance bond.                                                   
12            (f)  A judicial officer shall order a person charged with an offense released on                             
13       the person's own recognizance upon execution of an unsecured appearance bond, or                                  
14       unsecured performance bond, unless the judicial officer makes a finding on the record                             
15       that there is clear and convincing evidence that no nonmonetary conditions of release                             
16       in combination with the release of the person on the person's own recognizance can                                
17       reasonably ensure the appearance of the person in court and the safety of the victim,                             
18       other persons, and the community, if the person                                                                   
19                 (1)  has been assessed by a pretrial services officer under AS 33.07 as a                               
20                      (A)  low risk defendant, unless the defendant is required to be                                    
21            released as provided in (a) and (b) of this section;                                                         
22                      (B)  high risk defendant, and the defendant has been charged                                       
23            with a misdemeanor that does not include an offense under                                                    
24                           (i)  AS 11.41;                                                                                
25                           (ii)  AS 11.56.340;                                                                           
26                           (iii)  AS 11.56.730;                                                                          
27                           (iv)  AS 11.56.750;                                                                           
28                           (v)  AS 11.56.757;                                                                            
29                           (vi)  AS 11.61.210;                                                                           
30                           (vii)  AS 11.61.220;                                                                          
31                           (viii)  AS 18.66.990 that involves domestic violence;                                         
01                           (ix)  AS 28.35.030; or                                                                        
02                           (x)  AS 28.35.032;                                                                            
03                      (C)  moderate to high risk defendant, and the defendant has                                        
04            been charged with a class C felony that does not include an offense under                                    
05                           (i)  AS 11.41;                                                                                
06                           (ii)  AS 11.56.320;                                                                           
07                           (iii)  AS 11.56.335;                                                                          
08                           (iv)  AS 11.56.730;                                                                           
09                           (v)  AS 11.56.757;                                                                            
10                           (vi)  AS 11.56.810;                                                                           
11                           (vii)  AS 11.61.127;                                                                          
12                           (viii)  AS 11.61.200;                                                                         
13                           (ix)  AS 11.66.130;                                                                           
14                           (x)  AS 18.66.990 that involves domestic violence;                                            
15                           (xi)  AS 28.35.030; or                                                                        
16                           (xii)  AS 28.35.032;                                                                          
17                      (D)  low to moderate risk defendant, and the defendant has been                                    
18            charged with an offense under AS 11.56.757; or                                                               
19                 (2)  has been charged with an offense under AS 28.35.030 or                                             
20       28.35.032.                                                                                                        
21            (g)  A person released under this section shall be released on the condition that                            
22       the person                                                                                                        
23                 (1)  obey all court orders;                                                                             
24                 (2)  obey all laws;                                                                                     
25                 (3)  make all court appearances;                                                                        
26                 (4)  maintain contact with the person's pretrial services officer, if one is                            
27       appointed by the court, and follow the pretrial services officer's instructions;                                  
28                 (5)  maintain contact with the person's attorney;                                                       
29                 (6)  notify the person's attorney or, if the person is not represented by                               
30       an attorney, the pretrial services officer or the court within 24 hours after a change in                         
31       the person's residence.                                                                                           
01            (h)  If a person charged with an offense is not required under this section to be                            
02       released on the person's own recognizance upon execution of an unsecured appearance                               
03       bond or unsecured performance bond, a judicial officer may, singly or in combination,                             
04       require that the person deposit with the court and execute                                                        
05                 (1)  an appearance bond with a 10 percent posting of the specified                                      
06       amount of the bond with the condition that the deposit be returned upon the                                       
07       performance of the conditions of release set by the court;                                                        
08                 (2)  a bail bond with a 10 percent posting of sufficient solvent sureties                               
09       or the deposit of cash; or                                                                                        
10                 (3)  a performance bond in an amount specified by the court with the                                    
11       condition that the deposit be returned upon the performance of the conditions of                                  
12       release set by the court.                                                                                         
13            (i)  In addition to other conditions under this section, a judicial officer may                              
14       impose additional conditions of release and may require supervision of those                                      
15       conditions of release by a pretrial services officer to ensure compliance with the                                
16       conditions of release if the conditions are the least restrictive conditions that will                            
17       reasonably ensure the appearance of the person in court and the safety of the victim                              
18       and the community.                                                                                              
19    * Sec. 42. AS 12.30.016(b) is amended to read:                                                                     
20            (b)  In a prosecution charging a violation of AS 04.11.010, 04.11.499,                                       
21       AS 28.35.030, or 28.35.032, a judicial officer may order the person                                               
22                 (1)  to refrain from                                                                                    
23                      (A)  consuming alcoholic beverages; or                                                             
24                      (B)  possessing on the person, in the person's residence, or in                                    
25            any vehicle or other property over which the person has control, alcoholic                                   
26            beverages;                                                                                                   
27                 (2)  to submit to a search without a warrant of the person, the person's                                
28       personal property, the person's residence, or any vehicle or other property over which                            
29       the person has control, for the presence of alcoholic beverages by a peace officer or                         
30       pretrial services officer who has reasonable suspicion that the person is violating the                       
31       conditions of the person's release by possessing alcoholic beverages;                                             
01                 (3)  to submit to a breath test when requested by a law enforcement                                     
02       officer;                                                                                                          
03                 (4)  to provide a sample for a urinalysis or blood test when requested by                               
04       a law enforcement officer;                                                                                        
05                 (5)  to take a drug or combination of drugs intended to prevent                                         
06       substance abuse;                                                                                                  
07                 (6)  to follow any treatment plan imposed by the court under                                            
08       AS 28.35.028;                                                                                                     
09                 (7)  to comply with a program established under AS 47.38.020.                                           
10    * Sec. 43. AS 12.30.016(c) is amended to read:                                                                     
11            (c)  In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial                               
12       officer may order the person                                                                                      
13                 (1)  to refrain from                                                                                    
14                      (A)  consuming a controlled substance; or                                                          
15                      (B)  possessing on the person, in the person's residence, or in                                    
16            any vehicle or other property over which the person has control, a controlled                                
17            substance or drug paraphernalia;                                                                             
18                 (2)  to submit to a search without a warrant of the person, the person's                                
19       personal property, the person's residence, or any vehicle or other property over which                            
20       the person has control, for the presence of a controlled substance or drug paraphernalia                          
21       by a peace officer or pretrial services officer who has reasonable suspicion that the                         
22       person is violating the terms of the person's release by possessing controlled                                    
23       substances or drug paraphernalia;                                                                                 
24                 (3)  to enroll in a random drug testing program, at the person's expense,                               
25       with testing to occur not less than once a week, or to submit to random drug                                  
26       testing by the pretrial services office in the Department of Corrections to detect                            
27       the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS                                           
28       THAN ONCE A WEEK, AND] with the results being submitted to the court and the                                      
29       prosecuting authority;                                                                                            
30                 (4)  to refrain from entering or remaining in a place where a controlled                                
31       substance is being used, manufactured, grown, or distributed;                                                     
01                 (5)  to refrain from being physically present at, within a two-block area                               
02       of, or within a designated area near, the location where the alleged offense occurred or                          
03       at other designated places, unless the person actually resides within that area;                                  
04                 (6)  to refrain from the use or possession of an inhalant; or                                           
05                 (7)  to comply with a program established under AS 47.38.020.                                           
06    * Sec. 44. AS 12.30.016(d) is amended to read:                                                                     
07            (d)  In a prosecution charging misconduct involving a controlled substance                                   
08       under AS 11.71.020(a)(4) [AS 11.71.020(a)(2)] for the manufacture of                                          
09       methamphetamine, or its salts, isomers, or salts of isomers, if the person has been                               
10       previously convicted in this or another jurisdiction of a crime involving the                                     
11       manufacturing, delivering, or possessing of methamphetamine, or its salts, isomers, or                            
12       salts of isomers, a judicial officer shall require the posting of a minimum of $250,000                           
13       cash bond before the person may be released. The judicial officer may reduce this                                 
14       requirement if the person proves to the satisfaction of the officer that the person's only                        
15       role in the offense was as an aider or abettor and that the person did not stand to                               
16       benefit financially from the manufacturing.                                                                       
17    * Sec. 45. AS 12.30.021(a) is amended to read:                                                                     
18            (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                
19       a judicial officer may appoint a third-party custodian if the officer finds, on the                           
20       record, that                                                                                                  
21                 (1)  pretrial supervision under AS 33.07 is not available in the                                    
22       person's location;                                                                                            
23                 (2)  no secured appearance or performance bonds have been                                           
24       ordered; and                                                                                                  
25                 (3)  no other conditions of release or combination of conditions can                                
26       [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER                                                        
27       CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety                                
28       of the victim, other persons, and the community.                                                                  
29    * Sec. 46. AS 12.30.021(c) is amended to read:                                                                     
30            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
31                 (1)  the proposed custodian is acting as a third-party custodian for                                    
01       another person;                                                                                                   
02                 (2)  the proposed custodian has been convicted in the previous three                                    
03       years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;                               
04                 (3)  criminal charges are pending in this state or another jurisdiction                                 
05       against the proposed custodian;                                                                                   
06                 (4)  the proposed custodian is on probation in this state or another                                    
07       jurisdiction for an offense;                                                                                      
08                 (5)  there is a reasonable probability that the state will call the                                 
09       proposed custodian [MAY BE CALLED] as a witness in the prosecution of the                                         
10       person;                                                                                                           
11                 (6)  the proposed custodian resides out of state; however, a nonresident                                
12       may serve as a custodian if the nonresident resides in the state while serving as                                 
13       custodian.                                                                                                        
14    * Sec. 47. AS 12.30.055 is amended by adding a new subsection to read:                                             
15            (b)  A person who is in custody in connection with a petition to revoke                                      
16       probation for a technical violation of probation under AS 12.55.110 shall be released                             
17       without bail after the person has served the maximum number of days that the court                                
18       could impose on the person for a technical violation of probation under AS 12.55.110.                             
19    * Sec. 48. AS 12.55.011 is amended by adding a new subsection to read:                                             
20            (b)  At the time of sentencing, the court shall provide the victim with a form                               
21       that                                                                                                              
22                 (1)  provides information on                                                                            
23                      (A)  whom the victim should contact if the victim has questions                                    
24            about the sentence or release of the offender;                                                               
25                      (B)  the potential for release of the offender on furlough,                                        
26            probation, or parole or for good time credit; and                                                            
27                 (2)  allows the victim to update the victim's contact information with                                  
28       the court and with the Department of Corrections.                                                                 
29    * Sec. 49. AS 12.55.015(a) is amended to read:                                                                     
30            (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing                                    
31       sentence on a defendant convicted of an offense, may singly or in combination                                     
01                 (1) impose a fine when authorized by law and as provided in                                             
02       AS 12.55.035;                                                                                                     
03                 (2) order the defendant to be placed on probation under conditions                                      
04       specified by the court that may include provision for active supervision;                                         
05                 (3) impose a definite term of periodic imprisonment, but only if an                                     
06       employment obligation of the defendant preexisted sentencing and the defendant                                    
07       receives a composite sentence of not more than two years to serve;                                                
08                 (4) impose a definite term of continuous imprisonment;                                                  
09                 (5) order the defendant to make restitution under AS 12.55.045;                                         
10                 (6) order the defendant to carry out a continuous or periodic program of                                
11       community work for an offense and under conditions specified in AS 12.55.055;                             
12                 (7) suspend execution of all or a portion of the sentence imposed under                                 
13       AS 12.55.080;                                                                                                     
14                 (8) suspend imposition of sentence under AS 12.55.085;                                                  
15                 (9) order the forfeiture to the commissioner of public safety or a                                      
16       municipal law enforcement agency of a deadly weapon that was in the actual                                        
17       possession of or used by the defendant during the commission of an offense described                              
18       in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;                                                                     
19                 (10) order the defendant, while incarcerated, to participate in or comply                               
20       with the treatment plan of a rehabilitation program that is related to the defendant's                            
21       offense or to the defendant's rehabilitation if the program is made available to the                              
22       defendant by the Department of Corrections;                                                                       
23                 (11) order the forfeiture to the state of a motor vehicle, weapon,                                      
24       electronic communication device, or money or other valuables, used in or obtained                                 
25       through an offense that was committed for the benefit of, at the direction of, or in                              
26       association with a criminal street gang;                                                                          
27                 (12) order the defendant to have no contact, either directly or indirectly,                             
28       with a victim or witness of the offense until the defendant is unconditionally                                    
29       discharged;                                                                                                       
30                 (13) order the defendant to refrain from consuming alcoholic beverages                                  
31       for a period of time.                                                                                             
01    * Sec. 50. AS 12.55.025(a) is amended to read:                                                                     
02            (a) When imposing a sentence for conviction of a felony offense or a sentence                                
03       of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a                                 
04       regulation adopted under AS 04, or an ordinance adopted in conformity with                                        
05       AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that                          
06       includes the following:                                                                                           
07                 (1) a verbatim record of the sentencing hearing and any other in-court                                  
08       sentencing procedures;                                                                                            
09                 (2) findings on material issues of fact and on factual questions required                               
10       to be determined as a prerequisite to the selection of the sentence imposed;                                      
11                 (3) a clear statement of the terms of the sentence imposed; if a term of                                
12       imprisonment is imposed, the statement must include                                                               
13                      (A) the approximate minimum term the defendant is expected to                                      
14            serve before being released or placed on mandatory parole if the defendant is                                
15            eligible for and does not forfeit good conduct deductions under AS 33.20.010;                                
16            and                                                                                                          
17                      (B) if applicable, the approximate minimum term of                                                 
18            imprisonment the defendant must serve before becoming eligible for release on                                
19            discretionary or administrative parole;                                                                  
20                 (4) any recommendations as to the place of confinement or the manner                                    
21       of treatment; and                                                                                                 
22                 (5) in the case of a conviction for a felony offense, information                                       
23       assessing                                                                                                         
24                      (A) the financial, emotional, and medical effects of the offense                                   
25            on the victim;                                                                                               
26                      (B) the need of the victim for restitution; and                                                    
27                      (C) any other information required by the court.                                                   
28    * Sec. 51. AS 12.55.025(c) is amended to read:                                                                     
29            (c) Except as provided in (d) of this section, when a defendant is sentenced to                              
30       imprisonment, the term of confinement commences on the date of imposition of                                      
31       sentence unless the court specifically provides that the defendant must report to serve                           
01       the sentence on another date. If the court provides another date to begin the term of                             
02       confinement, the court shall provide the defendant with written notice of the date,                               
03       time, and location of the correctional facility to which the defendant must report. A                             
04       defendant shall receive credit for time spent in custody pending trial, sentencing, or                            
05       appeal, if the detention was in connection with the offense for which sentence was                                
06       imposed including a technical violation of probation as provided in AS 12.55.110.                             
07       A defendant may not receive credit for more than the actual time spent in custody                                 
08       pending trial, sentencing, or appeal. The time during which a defendant is voluntarily                            
09       absent from official detention after the defendant has been sentenced may not be                                  
10       credited toward service of the sentence.                                                                          
11    * Sec. 52. AS 12.55.027(d) is amended to read:                                                                     
12            (d) A court may grant credit of not more than 120 days against the total term                        
13       [A SENTENCE] of imprisonment imposed for a crime for time spent under                                         
14       electronic monitoring that complies with AS 33.30.011(10), if the person has not                              
15       committed a criminal offense while under electronic monitoring and the court imposes                              
16       restrictions on the person's freedom of movement and behavior while under the                                     
17       electronic monitoring program, including requiring the person to be confined to a                                 
18       residence except for a                                                                                            
19                 (1) court appearance;                                                                                   
20                 (2) meeting with counsel; or                                                                            
21                 (3) period during which the person is at a location ordered by the court                                
22       for the purposes of employment, attending educational or vocational training,                                     
23       performing community volunteer work, or attending a rehabilitative activity or                                    
24       medical appointment.                                                                                              
25    * Sec. 53. AS 12.55.051(a) is amended to read:                                                                     
26            (a) If the defendant defaults in the payment of a fine or any installment or of                              
27       restitution or any installment, the court may order the defendant to show cause why                               
28       the defendant should not be sentenced to imprisonment for nonpayment and, if the                                  
29       payment was made a condition of the defendant's probation, may revoke the probation                               
30       of the defendant subject to the limits set out in AS 12.55.110. In a contempt or                              
31       probation revocation proceeding brought as a result of failure to pay a fine or                                   
01       restitution, it is an affirmative defense that the defendant was unable to pay despite                            
02       having made continuing good faith efforts to pay the fine or restitution. If the court                            
03       finds that the defendant was unable to pay despite having made continuing good faith                              
04       efforts, the defendant may not be imprisoned solely because of the inability to pay. If                           
05       the court does not find that the default was attributable to the defendant's inability to                         
06       pay despite having made continuing good faith efforts to pay the fine or restitution, the                         
07       court may order the defendant imprisoned subject to the limits set out in                                     
08       AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of                                           
09       imprisonment imposed under this section may not exceed one day for each $50 of the                                
10       unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                         
11       be given toward satisfaction of the order of the court for every day a person is                                  
12       incarcerated for nonpayment of a fine or restitution.                                                             
13    * Sec. 54. AS 12.55.051 is amended by adding a new subsection to read:                                             
14            (k) The Department of Law may garnish a permanent fund dividend under                                        
15       AS 43.23.065 or garnish other income of a defendant as allowed by state law to collect                            
16       restitution ordered by the court.                                                                                 
17    * Sec. 55. AS 12.55.055(a) is amended to read:                                                                     
18            (a) The court may order a defendant convicted of an offense under AS 04,                                 
19       AS 28, or AS 47.12.030, that specifically provides for community work as                                      
20       authorized punishment to perform community work as a condition of probation, [A                               
21       SUSPENDED SENTENCE,] or may order community work in a suspended                                               
22       imposition of sentence, [OR] in addition to any fine or restitution ordered. [IF THE                              
23       DEFENDANT IS SENTENCED TO IMPRISONMENT, THE COURT MAY                                                             
24       RECOMMEND TO THE DEPARTMENT OF CORRECTIONS THAT THE                                                               
25       DEFENDANT PERFORM COMMUNITY WORK.]                                                                                
26    * Sec. 56. AS 12.55.055(c) is amended to read:                                                                     
27            (c) The court may offer a defendant convicted of an offense the option of                                    
28       performing community work in lieu of a fine, surcharge, or portion of a fine or                                   
29       surcharge if the court finds the defendant is unable to pay the fine. The value of                                
30       community work in lieu of a fine is the state's minimum wage for each [$3 PER]                                
31       hour.                                                                                                             
01    * Sec. 57. AS 12.55.055 is amended by adding new subsections to read:                                              
02            (g) The court may not                                                                                        
03                 (1) offer a defendant convicted of an offense the option of serving jail                                
04       time in lieu of performing uncompleted community work previously ordered by the                                   
05       court; or                                                                                                         
06                 (2) convert uncompleted community work hours into a sentence of                                         
07       imprisonment.                                                                                                     
08            (h) If a court orders community work as part of the defendant's sentence under                               
09       this section, the court shall provide notice to the defendant at sentencing and include                           
10       as a provision of the judgment that if the defendant fails to provide proof of                                    
11       community work within 20 days after the date set by the court, the court shall convert                            
12       those community work hours to a fine equal to the number of uncompleted work hours                                
13       multiplied by the state's minimum hourly wage and issue a judgment against the                                    
14       defendant for that amount.                                                                                        
15    * Sec. 58. AS 12.55 is amended by adding a new section to read:                                                    
16            Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f)                                
17       of this section, if a person is found guilty or pleads guilty to a crime, the court may,                          
18       with the consent of the defendant and the prosecution and without imposing or                                     
19       entering a judgment of guilt, defer further proceedings and place the person on                                   
20       probation.                                                                                                        
21            (b) The court shall impose conditions of probation for a person on probation as                              
22       provided in (a) of this section, which may include that the person                                                
23                 (1) abide by all local, state, and federal laws;                                                        
24                 (2) not leave the state without prior consent of the court;                                             
25                 (3) pay restitution as ordered by the court; and                                                        
26                 (4) obey any other conditions of probation set by the court.                                            
27            (c) At any time during the probationary term of the person released on                                       
28       probation, a probation officer may, without warrant or other process, rearrest the                                
29       person so placed in the officer's care and bring the person before the court, or the court                        
30       may, in its discretion, issue a warrant for the rearrest of the person. The court may                             
31       revoke and terminate the probation if the court finds that the person placed upon                                 
01       probation is                                                                                                      
02                 (1) violating the conditions of probation;                                                              
03                 (2) engaging in criminal practices; or                                                                  
04                 (3) violating an order of the court to participate in or comply with the                                
05       treatment plan of a rehabilitation program under AS 12.55.015(a)(10).                                             
06            (d) If the court finds that the person has successfully completed probation, the                             
07       court shall, at the end of the probationary period set by the court, or at any time after                         
08       the expiration of one year from the date of the original probation, discharge the person                          
09       and dismiss the proceedings against the person.                                                                   
10            (e) If the court finds that the person has violated the conditions of probation                              
11       ordered by the court, the court may revoke and terminate the person's probation, enter                            
12       judgment on the person's previous plea or finding of guilt, and pronounce sentence at                             
13       any time within the maximum probation period authorized by this section.                                          
14            (f) The court may not suspend imposing or entering the judgment and defer                                    
15       prosecution under this section of a person who                                                                    
16                 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 -                                
17       11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.125                               
18       - 11.61.128, or AS 11.66.110 - 11.66.135;                                                                         
19                 (2) uses a firearm in the commission of the offense for which the                                       
20       person is convicted;                                                                                              
21                 (3) has previously been granted a suspension of judgment under this                                     
22       section or a similar statute in another jurisdiction, unless the court enters written                             
23       findings that by clear and convincing evidence the person's prospects for rehabilitation                          
24       are high and suspending judgment under this section adequately protects the victim of                             
25       the offense, if any, and the community;                                                                           
26                 (4) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony                                 
27       and the person has one or more prior convictions for a misdemeanor violation of                                   
28       AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction                              
29       having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a                                
30       felony in this state; for the purposes of this paragraph, a person shall be considered to                         
31       have a prior conviction even if                                                                                   
01                      (A) the charges were dismissed under this section;                                                 
02                      (B) the conviction has been set aside under AS 12.55.085; or                                       
03                      (C) the charge or conviction was dismissed or set aside under an                                   
04            equivalent provision of the laws of another jurisdiction; or                                                 
05                 (5) has been convicted of a crime involving domestic violence, as                                       
06       defined by AS 18.66.990.                                                                                          
07    * Sec. 59. AS 12.55.090(b) is amended to read:                                                                     
08            (b) Except as otherwise provided in (f) of this section, the court may revoke or                             
09       modify any condition of probation, [OR MAY] change the period of probation, or                            
10       terminate probation and discharge the defendant from probation.                                               
11    * Sec. 60. AS 12.55.090(c) is amended to read:                                                                     
12            (c) The period of probation, together with any extension, may not exceed                                     
13                 (1) 10 [25] years for an unclassified felony under AS 11 or a felony                            
14       sex offense; [OR]                                                                                                 
15                 (2) five [10] years for a felony [ANY OTHER] offense not listed in (1)                      
16       of this subsection;                                                                                           
17                 (3) four years for a misdemeanor offense involving domestic                                         
18       violence;                                                                                                     
19                 (4) two years for a misdemeanor offense under AS 28.35.030 or                                       
20       28.35.032, if the person has previously been convicted of an offense under                                    
21       AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another                                   
22       jurisdiction; or                                                                                              
23                 (5) one year for an offense not listed in (1) - (4) of this subsection.                           
24    * Sec. 61. AS 12.55.090(f) is amended to read:                                                                     
25            (f) Unless the defendant and the prosecuting authority agree at the probation                                
26       revocation proceeding or other proceeding related to a probation violation, the                               
27       person qualifies for a reduction under AS 33.05.025 or a probation officer                                    
28       recommends to the court that probation be terminated and the defendant be                                     
29       discharged from probation under (g) of this section or AS 33.05.040, the court may                            
30       not reduce the specific period of probation [,] or the specific term of suspended                                 
31       incarceration except by the amount of incarceration imposed for a probation violation,                            
01       if                                                                                                                
02                 (1) the sentence was imposed in accordance with a plea agreement                                        
03       under Rule 11, Alaska Rules of Criminal Procedure; and                                                            
04                 (2) the agreement required a specific period of probation or a specific                                 
05       term of suspended incarceration.                                                                                  
06    * Sec. 62. AS 12.55.090 is amended by adding new subsections to read:                                              
07            (g) A probation officer shall recommend to the court that probation be                                       
08       terminated and a defendant be discharged from probation if the defendant                                          
09                 (1) has completed at least one year on probation;                                                       
10                 (2) has completed all treatment programs required as a condition of                                     
11       probation;                                                                                                        
12                 (3) is currently in compliance with all conditions of probation; and                                    
13                 (4) has not been convicted of an unclassified felony offense, a sexual                                  
14       felony as defined by AS 12.55.185, or a crime involving domestic violence as defined                              
15       by AS 18.66.990.                                                                                                  
16            (h) Before a court may reduce the period of probation or terminate probation                                 
17       and discharge the defendant before the period of probation for the offense has been                               
18       completed, the court shall allow victims to comment in writing to the court or allow a                            
19       victim to give sworn testimony or make an unsworn oral presentation at a hearing held                             
20       to determine whether to reduce the period of probation or terminate probation and                                 
21       discharge the defendant.                                                                                          
22            (i) If a probation officer recommends to the court that probation be terminated                              
23       and a defendant be discharged from probation under (g) of this section, and the victim                            
24       has earlier requested to be notified, the Department of Corrections shall send the                                
25       victim notice of the recommendation under (g) of this section and inform the victim of                            
26       the victim's rights under this section, the deadline for receipt of written comments, the                         
27       hearing date, and the court's address.                                                                            
28            (j) The court shall provide copies of the victim's written comments to the                                   
29       prosecuting attorney, the defendant, and the defendant's attorney.                                                
30            (k) In deciding whether to reduce a period of probation or terminate probation                               
31       and discharge the defendant from probation, the court shall consider the victim's                                 
01       comments, testimony, or unsworn oral presentation, when relevant, and any response                                
02       by the prosecuting attorney and defendant.                                                                        
03            (l) If a victim desires notice under this section, the victim shall maintain a                               
04       current, valid mailing address on file with the commissioner of corrections. The                                  
05       commissioner shall send the notice to the victim's last known address. The victim's                               
06       address may not be disclosed to the defendant or the defendant's attorney.                                        
07    * Sec. 63. AS 12.55.100(a) is amended to read:                                                                     
08            (a) While on probation and among the conditions of probation, the defendant                                  
09                 (1) shall be required to obey all state, federal, and local laws or                                 
10       ordinances, and any court orders applicable to the probationer; and                                           
11                 (2) may be required                                                                                 
12                      (A) [(1)] to pay a fine in one or several sums;                                                
13                      (B) [(2)] to make restitution or reparation to aggrieved parties                               
14            for actual damages or loss caused by the crime for which conviction was had,                                 
15            including compensation to a victim that is a nonprofit organization for the                                  
16            value of labor or goods provided by volunteers if the labor or goods were                                    
17            necessary to alleviate or mitigate the effects of the defendant's crime; when                                
18            determining the amount of actual damages or loss under this paragraph, the                                   
19            court shall value property as the market value of the property at the time and                               
20            place of the crime or, if the market value cannot reasonably be ascertained, the                             
21            cost of the replacement of the property within a reasonable time after the                                   
22            crime;                                                                                                       
23                      (C) [(3)] to provide for the support of any persons for whose                                  
24            support the defendant is legally responsible;                                                                
25                      (D) [(4)] to perform community work in accordance with                                         
26            AS 12.55.055;                                                                                                
27                      (E) [(5)] to participate in or comply with the treatment plan of                               
28            an inpatient or outpatient rehabilitation program specified by either the court or                           
29            the defendant's probation officer that is related to the defendant's offense or to                           
30            the defendant's rehabilitation;                                                                              
31                      (F) [(6)] to satisfy the screening, evaluation, referral, and                                  
01            program requirements of an agency authorized by the court to make referrals                                  
02            for rehabilitative treatment or to provide rehabilitative treatment;                                         
03                      (G) [AND (7)] to comply with a program established under                                       
04            AS 47.38.020; and                                                                                        
05                      (H) to comply with the sanctions imposed by the defendant's                                    
06            probation officer under AS 33.05.020(g).                                                                 
07    * Sec. 64. AS 12.55.100(c) is amended to read:                                                                     
08            (c) A program of inpatient treatment may be required by the authorized agency                                
09       under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and may not                      
10       exceed the maximum term of inpatient treatment specified in the judgment. A person                                
11       who has been referred for inpatient treatment may make a written request to the                                   
12       sentencing court asking the court to review the referral. The request for review shall be                         
13       made within seven days after [OF] the agency's referral, and shall specifically set out                       
14       the grounds on [UPON] which the request for review is based. The court may order a                            
15       hearing on the request for review.                                                                                
16    * Sec. 65. AS 12.55.110 is amended by adding new subsections to read:                                              
17            (c) If a defendant is serving a period of probation for an offense, the court may                            
18       find that the defendant has committed a technical violation of probation. If the court                            
19       finds that a defendant has committed a technical violation of probation that does not                             
20       include absconding, the court may reinstate the term of probation with appropriate                                
21       conditions or impose a sentence of imprisonment of not more than                                                  
22                 (1) three days for the first petition to revoke probation filed with the                                
23       court;                                                                                                            
24                 (2) five days for the second petition to revoke probation filed with the                                
25       court;                                                                                                            
26                 (3) 10 days for the third petition to revoke probation filed with the                                   
27       court; or                                                                                                         
28                 (4) up to the remainder of the suspended portion of the sentence for a                                  
29       fourth or subsequent petition to revoke probation.                                                                
30            (d) If the court revokes a person's probation for absconding, the court may                                  
31       impose a period of imprisonment not to exceed 30 days.                                                            
01            (e) The limits set out in this section on the length of imprisonment for a                                   
02       revocation do not apply if a probationer is enrolled in a program established under                               
03       AS 33.05.020(f).                                                                                                  
04            (f) If the defendant is ordered to complete treatment under                                                  
05       AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order                             
06       the defendant to show cause why the defendant should not be sentenced to                                          
07       imprisonment for noncompletion of treatment and may revoke the suspended sentence                                 
08       subject to the limits established in this section. In a contempt or probation revocation                          
09       proceeding brought as a result of failure to complete treatment, it is an affirmative                             
10       defense that the defendant was unable to afford the cost of treatment or secure a place                           
11       in a free treatment program, despite having made continuing good faith efforts. If the                            
12       court finds that the defendant was unable to complete treatment despite having made                               
13       continuing good faith efforts, the defendant may not be imprisoned solely because of                              
14       an inability to pay. If the court does not find that the noncompletion of treatment was                           
15       attributable to the defendant's inability to pay, the court may order the defendant                               
16       imprisoned subject to the limits established in this section.                                                     
17            (g) In this section,                                                                                         
18                 (1) "absconding" means failing to report within five working days after                                 
19       release from custody under AS 33.20.030 or failing to report to a probation officer                               
20       within 30 days after release from custody as directed by the court or probation officer;                          
21                 (2) "technical violation" means a violation of the conditions of                                        
22       probation that does not result from                                                                               
23                      (A) an arrest for a new criminal offense; or                                                       
24                      (B) failing to complete sex offender treatment.                                                    
25    * Sec. 66. AS 12.55.115 is amended to read:                                                                        
26            Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole                            
27       at sentencing. The court may, as part of a sentence of imprisonment, further restrict                           
28       the eligibility of a prisoner for discretionary or administrative parole for a term                           
29       greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and                                  
30       33.16.100.                                                                                                        
31    * Sec. 67. AS 12.55.125(c) is amended to read:                                                                     
01            (c) Except as provided in (i) of this section, a defendant convicted of a class A                            
02       felony may be sentenced to a definite term of imprisonment of not more than 20 years,                             
03       and shall be sentenced to a definite term within the following presumptive ranges,                                
04       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
05                 (1) if the offense is a first felony conviction and does not involve                                    
06       circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years;                     
07                 (2) if the offense is a first felony conviction                                                         
08                      (A) and the defendant possessed a firearm, used a dangerous                                        
09            instrument, or caused serious physical injury or death during the commission                                 
10            of the offense, or knowingly directed the conduct constituting the offense at a                              
11            uniformed or otherwise clearly identified peace officer, firefighter, correctional                           
12            employee, emergency medical technician, paramedic, ambulance attendant, or                                   
13            other emergency responder who was engaged in the performance of official                                     
14            duties at the time of the offense, five [SEVEN] to nine [11] years;                                  
15                      (B) and the conviction is for manufacturing related to                                             
16            methamphetamine  under   AS 11.71.030(a)(4)(A) or  (B)                                                   
17            [AS 11.71.020(a)(2)(A) OR (B)], seven to 11 years, if                                                        
18                           (i) the manufacturing occurred in a building with                                             
19                 reckless disregard that the building was used as a permanent or                                         
20                 temporary home or place of lodging for one or more children under 18                                    
21                 years of age or the building was a place frequented by children; or                                     
22                           (ii) in the course of manufacturing or in preparation for                                     
23                 manufacturing, the defendant obtained the assistance of one or more                                     
24                 children under 18 years of age or one or more children were present;                                    
25                 (3) if the offense is a second felony conviction, eight [10] to 12 [14]                         
26       years;                                                                                                            
27                 (4) if the offense is a third felony conviction and the defendant is not                                
28       subject to sentencing under (l) of this section, 13 [15] to 20 years.                                         
29    * Sec. 68. AS 12.55.125(d) is amended to read:                                                                     
30            (d) Except as provided in (i) of this section, a defendant convicted of a class B                            
31       felony may be sentenced to a definite term of imprisonment of not more than 10 years,                             
01       and shall be sentenced to a definite term within the following presumptive ranges,                                
02       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
03                 (1) if the offense is a first felony conviction and does not involve                                    
04       circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years;                       
05       a defendant sentenced under this paragraph may, if the court finds it appropriate, be                             
06       granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                               
07       probation under AS 12.55.086, the defendant is required to serve an active term of                                
08       imprisonment within the range specified in this paragraph, unless the court finds that a                          
09       mitigation factor under AS 12.55.155 applies;                                                                     
10                 (2) if the offense is a first felony conviction,                                                        
11                      (A) the defendant violated AS 11.41.130, and the victim was a                                      
12            child under 16 years of age, two to four years;                                                              
13                      (B) two to four years if the conviction is for an attempt,                                         
14            solicitation, or conspiracy to manufacture related to methamphetamine under                                  
15            AS 11.31 and AS 11.71.030(a)(4)(A) or (B) [AS 11.71.020(a)(2)(A) OR (B)],                                
16            and                                                                                                          
17                           (i) the attempted manufacturing occurred, or the                                              
18                 solicited or conspired offense was to have occurred, in a building with                                 
19                 reckless disregard that the building was used as a permanent or                                         
20                 temporary home or place of lodging for one or more children under 18                                    
21                 years of age or the building was a place frequented by children; or                                     
22                           (ii) in the course of an attempt to manufacture, the                                          
23                 defendant obtained the assistance of one or more children under 18                                      
24                 years of age or one or more children were present;                                                      
25                 (3) if the offense is a second felony conviction, two [FOUR] to five                            
26       [SEVEN] years;                                                                                                    
27                 (4) if the offense is a third felony conviction, four [SIX] to 10 years.                            
28    * Sec. 69. AS 12.55.125(e) is amended to read:                                                                     
29            (e) Except as provided in (i) of this section, a defendant convicted of a class C                            
30       felony may be sentenced to a definite term of imprisonment of not more than five                                  
31       years, and shall be sentenced to a definite term within the following presumptive                                 
01       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
02                 (1) if the offense is a first felony conviction and does not involve                                    
03       circumstances described in (4) of this subsection, probation, with a suspended term                           
04       of imprisonment of zero to 18 months [TWO YEARS; A DEFENDANT                                              
05       SENTENCED UNDER THIS PARAGRAPH MAY, IF THE COURT FINDS IT                                                         
06       APPROPRIATE, BE GRANTED A SUSPENDED IMPOSITION OF SENTENCE                                                        
07       UNDER AS 12.55.085, AND THE COURT MAY, AS A CONDITION OF                                                          
08       PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE                                                      
09       AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN                                                      
10       THIS PARAGRAPH];                                                                                                  
11                 (2) if the offense is a second felony conviction, two to four years;                                    
12                 (3) if the offense is a third felony conviction, three to five years;                                   
13                 (4) if the offense is a first felony conviction, and the defendant violated                             
14       AS 08.54.720(a)(15), one to two years.                                                                            
15    * Sec. 70. AS 12.55.135(a) is amended to read:                                                                     
16            (a) A defendant convicted of a class A misdemeanor may be sentenced to a                                     
17       definite term of imprisonment of not more than                                                                    
18                 (1) one year, if the                                                                            
19                      (A) conviction is for a crime with a mandatory minimum                                         
20            term of more than 30 days of active imprisonment;                                                        
21                      (B) trier of fact finds the aggravating factor that the conduct                                
22            constituting the offense was among the most serious conduct included in                                  
23            the definition of the offense;                                                                           
24                      (C) the defendant has past criminal convictions for conduct                                    
25            violative of criminal laws, punishable as felonies or misdemeanors, similar                              
26            in nature to the offense for which the defendant is being sentenced; or                                  
27                      (D) conviction is for the crime of assault in the fourth degree                                
28            under AS 11.41.230; or                                                                                   
29                 (2) 30 days.                                                                                        
30    * Sec. 71. AS 12.55.135(b) is amended to read:                                                                     
31            (b) A defendant convicted of a class B misdemeanor may be sentenced to a                                     
01       definite term of imprisonment of not more than 10 [90] days unless otherwise                                  
02       specified in the provision of law defining the offense or in this section.                                    
03    * Sec. 72. AS 12.55.135 is amended by adding new subsections to read:                                              
04            (l) A court may not impose a sentence of imprisonment or suspended                                           
05       imprisonment for a person convicted of theft under AS 11.46.150 if the person has not                             
06       been previously convicted more than once for a violation of AS 11.46.120 - 11.46.150                              
07       or of a law or ordinance of this or another jurisdiction with elements substantially                              
08       similar to those of an offense described in AS 11.46.120 - 11.46.150.                                             
09            (m) A court may not impose a sentence of imprisonment or suspended                                           
10       imprisonment for a person convicted of concealment of merchandise under                                           
11       AS 11.46.220 if the person has not been previously convicted more than once for a                                 
12       violation of AS 11.46.220 or of a law or ordinance of this or another jurisdiction with                           
13       elements substantially similar to those of an offense described in AS 11.46.220.                                  
14            (n) A court may not impose a sentence of imprisonment or suspended                                           
15       imprisonment for a person convicted of removal of identification marks under                                      
16       AS 11.46.260 if the person has not been previously convicted more than once for a                                 
17       violation of AS 11.46.260 or of a law or ordinance of this or another jurisdiction with                           
18       elements substantially similar to those of an offense described in AS 11.46.260.                                  
19            (o) A court may not impose a sentence of imprisonment or suspended                                           
20       imprisonment for a person convicted of unlawful possession under AS 11.46.270 if the                              
21       person has not been previously convicted more than once for a violation of                                        
22       AS 11.46.270 or of a law or ordinance of this or another jurisdiction with elements                               
23       substantially similar to those of an offense described in AS 11.46.270.                                           
24            (p) A court may not impose a sentence of imprisonment or suspended                                           
25       imprisonment for a person convicted of issuing a bad check under AS 11.46.280 if the                              
26       person has not been previously convicted more than once for a violation of                                        
27       AS 11.46.280 or of a law or ordinance of this or another jurisdiction with elements                               
28       substantially similar to those of an offense described in AS 11.46.280.                                           
29            (q) A court may not impose a sentence of imprisonment or suspended                                           
30       imprisonment for a person convicted of criminal simulation under AS 11.46.530 if the                              
31       person has not been previously convicted more than once for a violation of                                        
01       AS 11.46.530 or of a law or ordinance of this or another jurisdiction with elements                               
02       substantially similar to those of an offense described in AS 11.46.530.                                           
03            (r) If an aggravating factor is a necessary element of the present offense, that                             
04       factor may not be used to impose a sentence above the high end of the range.                                      
05            (s) If the state seeks to establish an aggravating factor at sentencing                                      
06                 (1) under (a)(1) of this section, written notice must be served on the                                  
07       opposing party and filed with the court not later than 10 days before the date set for                            
08       imposition of sentence; the aggravating factors in (a)(1) of this section must be                                 
09       established by clear and convincing evidence before the court sitting without a jury; all                         
10       findings must be set out with specificity;                                                                        
11                 (2) aggravating factors in (a)(1) of this section shall be presented to a                               
12       trial jury under procedures set by the court, unless the defendant waives trial by jury,                          
13       stipulates to the existence of the factor, or consents to have the factor proven under                            
14       procedures set out in (1) of this subsection; an aggravating factor presented to a jury is                        
15       established if proved beyond a reasonable doubt; written notice of the intent to                                  
16       establish an aggravating factor must be served on the defendant and filed with the                                
17       court                                                                                                             
18                      (A) 20 days before trial or at a time specified by the court;                                      
19                      (B) within 48 hours, or at a time specified by the court, if the                                   
20            court instructs the jury about the option to return a verdict for a lesser included                          
21            offense; or                                                                                                  
22                      (C) five days before entering a plea that results in a finding of                                  
23            guilt or at a time specified by the court.                                                                   
24    * Sec. 73. AS 12.61.015(a) is amended to read:                                                                     
25            (a) If a victim of a felony or a crime involving domestic violence requests, the                             
26       prosecuting attorney shall make a reasonable effort to                                                            
27                 (1) confer with the person against whom the offense has been                                            
28       perpetrated about that person's testimony before the defendant's trial;                                           
29                 (2) in a manner reasonably calculated to give prompt actual notice,                                     
30       notify the victim                                                                                                 
31                      (A) of the defendant's conviction and the crimes of which the                                      
01            defendant was convicted;                                                                                     
02                      (B) of the victim's right in a case that is a felony to make a                                     
03            written or oral statement for use in preparation of the defendant's presentence                              
04            report, and of the victim's right to appear personally at the defendant's                                    
05            sentencing hearing to present a written statement and to give sworn testimony                                
06            or an unsworn oral presentation;                                                                             
07                      (C) of the address and telephone number of the office that will                                    
08            prepare the presentence report; and                                                                          
09                      (D) of the time and place of the sentencing proceeding;                                            
10                 (3) notify the victim in writing of the final disposition of the case                                   
11       within 30 days after final disposition of the case;                                                               
12                 (4) confer with the victim [OF A CRIME INVOLVING DOMESTIC                                               
13       VIOLENCE] concerning a proposed plea agreement before entering into an                                            
14       agreement;                                                                                                        
15                 (5) inform the victim of a pending motion that may substantially delay                                  
16       the prosecution and inform the court of the victim's position on the motion; in this                              
17       paragraph, a "substantial delay" is                                                                               
18                      (A) for a misdemeanor, a delay of one month or longer;                                             
19                      (B) for a felony, a delay of two months or longer; and                                             
20                      (C) for an appeal, a delay of six months or longer.                                                
21    * Sec. 74. AS 22.35.030 is amended by adding a new subsection to read:                                             
22            (b) Notwithstanding (a) of this section, the Alaska Court System shall publish                               
23       the court record of a person who is granted a suspended entry of judgment under                                   
24       AS 12.55.078 on a publicly available website with a notation indicating a suspended                               
25       entry of judgment.                                                                                                
26    * Sec. 75. AS 28.15.165 is amended by adding a new subsection to read:                                             
27            (e) A person whose driver's license, privilege to drive, or privilege to obtain a                            
28       license has been revoked under this section as a result of a refusal to submit to a                               
29       chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal                                      
30       ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar                               
31       municipal ordinance in which the test produced a result described in                                              
01       AS 28.35.030(a)(2) may request that the department rescind the revocation. The                                    
02       department shall rescind a revocation under this subsection if the department finds that                          
03       the person has supplied proof in a form satisfactory to the department that                                       
04                 (1) the person has been acquitted of driving while under the influence                                  
05       under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a                                 
06       similar municipal ordinance for the incident on which the revocation was based; or                                
07                 (2) all criminal charges against the person for driving while under the                                 
08       influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit                              
09       to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to                             
10       the incident on which the revocation is based have been dismissed with prejudice.                                 
11    * Sec. 76. AS 28.15.181(f) is amended to read:                                                                     
12            (f) The court may terminate a revocation for an offense described in (a)(5) or                               
13       (8) of this section if                                                                                            
14                 (1) either                                                                                          
15                      (A) the person's license, privilege to drive, or privilege to obtain                           
16            a license has been revoked for the minimum periods set out in (c) of this                                    
17            section; or                                                                                              
18                      (B) the person                                                                                 
19                           (i) has successfully completed a court-ordered                                            
20                 treatment program under AS 28.35.028;                                                               
21                           (ii) has not been convicted of a violation of                                             
22                 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or                                 
23                 another jurisdiction since completing the program; and                                              
24                           (iii) has been granted limited license privileges under                                   
25                 AS 28.15.201(g) and has successfully driven for three years under                                   
26                 that limited license without having the limited license privileges                                  
27                 revoked; and                                                                                        
28                 (2) the person complies with the provisions of AS 28.15.211(d) and (e).                                 
29    * Sec. 77. AS 28.15.201 is amended by adding new subsections to read:                                              
30            (g) Notwithstanding (d) of this section, a court revoking a driver's license,                                
31       privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the                                
01       department when revoking a driver's license, privilege to drive, or privilege to obtain a                         
02       license under AS 28.15.165(c), may grant limited license privileges if                                            
03                 (1) the revocation was for a felony conviction under AS 28.35.030;                                      
04                 (2) the person has successfully participated for at least six months in, or                             
05       has successfully completed, a court-ordered treatment program under AS 28.35.028;                                 
06                 (3) the person provides proof of insurance as required by AS 28.20.230                                  
07       and 28.20.240;                                                                                                    
08                 (4) the person is required to use an ignition interlock device during the                               
09       period of the limited license whenever the person operates a motor vehicle in a                                   
10       community not included in the list published by the department under                                              
11       AS 28.22.011(b) and, when applicable,                                                                             
12                      (A) the person provides proof of installation of the ignition                                      
13            interlock device on every vehicle the person operates;                                                       
14                      (B) the person signs an affidavit acknowledging that                                               
15                           (i) operation by the person of a vehicle that is not                                          
16                 equipped with an ignition interlock device is subject to penalties for                                  
17                 driving with a revoked license;                                                                         
18                           (ii) circumventing or tampering with the ignition                                             
19                 interlock device is a class A misdemeanor; and                                                          
20                           (iii) the person is required to maintain the ignition                                         
21                 interlock device throughout the period of the limited license, to keep                                  
22                 up-to-date records in each vehicle showing that any required service                                    
23                 and calibration is current, and to produce those records immediately on                                 
24                 request;                                                                                                
25                 (5) the person is enrolled in and is in compliance with or has                                          
26       successfully completed the alcoholism screening, evaluation, referral, and program                                
27       requirements of the Department of Health and Social Services under AS 28.35.030(h);                               
28                 (6) the person has not previously been granted a limited license under                                  
29       this subsection and had the license revoked under (h) of this section;                                            
30                 (7) the person is participating in a program established under                                          
31       AS 47.38.020 for a minimum of 120 days from the date a limited license is granted                                 
01       under this section.                                                                                               
02            (h) The court or the department may immediately revoke a limited license                                     
03       granted under (g) of this section if the person is convicted of a violation of                                    
04       AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction                           
05       or if the person is not in compliance with a court-ordered treatment program under                                
06       AS 28.35.028.                                                                                                     
07    * Sec. 78. AS 28.15.291(a) is repealed and reenacted to read:                                                      
08            (a) A person commits the crime of driving while license canceled, suspended,                                 
09       revoked, or in violation of a limitation if the person drives                                                     
10                 (1) a motor vehicle on a highway or vehicular way or area at a time                                     
11       when that person's driver's license, privilege to drive, or privilege to obtain a license                         
12       has been canceled, suspended, or revoked under circumstances described in                                         
13       AS 28.15.181(c) or a similar law in another jurisdiction;                                                         
14                 (2) a motor vehicle on a highway or vehicular way or area at a time                                     
15       when that person's driver's license, privilege to drive, or privilege to obtain a license                         
16       has been canceled, suspended, or revoked under circumstances other than those                                     
17       described in (1) of this subsection; or                                                                           
18                 (3) in violation of a limitation placed on that person's license or                                     
19       privilege to drive in this or another jurisdiction.                                                               
20    * Sec. 79. AS 28.15.291(b) is repealed and reenacted to read:                                                      
21            (b) Driving while license canceled, suspended, revoked, or in violation of a                                 
22       limitation is                                                                                                     
23                 (1) a class A misdemeanor if the person violates (a)(1) of this section;                                
24       upon conviction the court shall impose a minimum sentence of imprisonment of not                                  
25       less than 10 days if the person has been previously convicted under (a)(1) of this                                
26       section or a similar law in another jurisdiction;                                                                 
27                 (2) an infraction if the person violates (a)(2) or (3) of this section.                                 
28    * Sec. 80. AS 28.35.028(b) is amended to read:                                                                     
29            (b) Once the court elects to proceed under this section, the defendant shall                                 
30       enter a no contest or guilty plea to the offense or shall admit to a probation violation,                         
31       as appropriate. The state and the defendant may enter into a plea agreement to                                    
01       determine the offense or offenses to which the defendant is required to plead. If the                             
02       court accepts the agreement, the court shall enforce the terms of the agreement. The                              
03       court shall enter a judgment of conviction for the offense or offenses for which the                              
04       defendant has pleaded or an order finding that the defendant has violated probation, as                           
05       appropriate. A judgment of conviction or an order finding a probation violation must                              
06       set a schedule for payment of restitution owed by the defendant. In a judgment of                                 
07       conviction and on probation conditions that the court considers appropriate, the court                            
08       may withhold pronouncement of a period of imprisonment or a fine to provide an                                    
09       incentive for the defendant to complete recommended treatment successfully.                                       
10       Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any                                       
11       mandatory minimum or other sentencing provision applicable to the offense.                                        
12       However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any                                     
13       other provision of law, the court, at any time after the period when a reduction of                               
14       sentence is normally available, may consider and reduce the defendant's sentence,                             
15       including imprisonment, fine, or license revocation, based on the defendant's                                 
16       compliance with the treatment plan; when reducing a sentence, the court (1) may not                               
17       reduce the sentence below the mandatory minimum sentence for the offense unless the                               
18       court finds that the defendant has successfully complied with and completed the                                   
19       treatment plan and that the treatment plan approximated the severity of the minimum                               
20       period of imprisonment, and (2) may consider the defendant's compliance with the                                  
21       treatment plan as a mitigating factor allowing a reduction of a sentence under                                    
22       AS 12.55.155(a). A court entering an order finding the defendant has violated                                     
23       probation may withhold pronouncement of disposition to provide an incentive for the                               
24       defendant to complete the recommended treatment successfully.                                                     
25    * Sec. 81. AS 28.35.030(k) is amended to read:                                                                     
26            (k) Imprisonment required under (b)(1)(A) of this section shall be served [AT                                
27       A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a                                                  
28       private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL                                             
29       CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available,                                       
30       imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a                          
31       private residence by other means determined by the commissioner of corrections                                
01       [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER                                                         
02       OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section                                      
03       may be served at a community residential center or at a private residence if approved                             
04       by the commissioner of corrections. Imprisonment served at a private residence must                               
05       include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not                          
06       available, by other means as determined by the commissioner of corrections. The                               
07       cost of imprisonment resulting from the sentence imposed under (b)(1) of this section                             
08       shall be paid to the state by the person being sentenced. The [PROVIDED,                                      
09       HOWEVER, THAT THE] cost of imprisonment required to be paid under this                                            
10       subsection may not exceed $2,000. Upon the person's conviction, the court shall                                   
11       include the costs of imprisonment as a part of the judgment of conviction. Except for                             
12       reimbursement from a permanent fund dividend as provided in this subsection,                                      
13       payment of the cost of imprisonment is not required if the court determines the person                            
14       is indigent. For costs of imprisonment that are not paid by the person as required by                             
15       this subsection, the state shall seek reimbursement from the person's permanent fund                              
16       dividend as provided under AS 43.23.065. A [WHILE AT THE COMMUNITY                                            
17       RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A] person                                                          
18       sentenced under (b)(1)(A) of this section shall perform at least 24 hours of community                            
19       service work. A person sentenced under (b)(1)(B) of this section shall perform at least                           
20       160 hours of community service work, as required by the director of the community                                 
21       residential center or other appropriate place, or as required by the commissioner of                              
22       corrections if the sentence is being served at a private residence. In this subsection,                           
23       "appropriate place" means a facility with 24-hour on-site staff supervision that is                               
24       specifically adapted to provide a residence, and includes a correctional center,                                  
25       residential treatment facility, hospital, halfway house, group home, work farm, work                              
26       camp, or other place that provides varying levels of restriction.                                                 
27    * Sec. 82. AS 28.35.030(l) is amended to read:                                                                     
28            (l) The commissioner of corrections shall determine and prescribe by                                         
29       regulation a uniform average cost of imprisonment for the purpose of determining the                              
30       cost of imprisonment required to be paid under (k) of this section by a convicted                                 
31       person. The regulations must include the costs associated with electronic                                     
01       monitoring under AS 33.30.065.                                                                                
02    * Sec. 83. AS 28.35.030(o) is amended to read:                                                                     
03            (o) Upon request, the department shall review a driver's license revocation                                  
04       imposed under (b) or (n)(3) of this section and                                                               
05                 (1) may restore the driver's license if                                                             
06                      (A) [(1)] the license has been revoked for a period of at least 10                             
07            years;                                                                                                       
08                      (B) [(2)] the person has not been convicted of a criminal offense                              
09            since the license was revoked; and                                                                           
10                      (C) [(3)] the person provides proof of financial responsibility;                           
11                 (2) shall restore the driver's license if                                                           
12                      (A) the person has been granted limited license privileges                                     
13            under AS 28.15.201(g) and has successfully driven under that limited                                     
14            license for three years without having the limited license privileges                                    
15            revoked;                                                                                                 
16                      (B) the person has successfully completed a court-ordered                                      
17            treatment program under AS 28.35.028;                                                                    
18                      (C) the court previously terminated the person's revocation                                    
19            as provided in AS 28.15.181(f)(1)(B);                                                                    
20                      (D) the person has not been convicted of a violation of                                        
21            AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                               
22            jurisdiction since the license was revoked;                                                              
23                      (E) the person's privilege to drive may be restored as                                         
24            provided in AS 28.15.211; and                                                                            
25                      (F) the person provides proof of financial responsibility.                                     
26    * Sec. 84. AS 28.35.032(o) is amended to read:                                                                     
27            (o) Imprisonment required under (g)(1)(A) of this section shall be served at a                           
28       private residence by electronic monitoring under AS 33.30.065. If electronic                                  
29       monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A                                                        
30       COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under                                            
31       (g)(1)(A) of this section shall be served at a private residence by other means as                            
01       determined by the commissioner of corrections [AT ANOTHER APPROPRIATE                                         
02       PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS].                                                             
03       Imprisonment required under (g)(1)(B) - (F) of this section may be served at a                                    
04       community residential center or at a private residence if approved by the                                         
05       commissioner of corrections. Imprisonment served at a private residence must include                              
06       electronic monitoring under AS 33.30.065 or, if electronic monitoring is not                                  
07       available, shall be served by other means as determined by the commissioner of                                
08       corrections. The cost of imprisonment resulting from the sentence imposed under                               
09       (g)(1) of this section shall be paid to the state by the person being sentenced. The                          
10       [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid                                            
11       under this subsection may not exceed $2,000. Upon the person's conviction, the court                              
12       shall include the costs of imprisonment as a part of the judgment of conviction. Except                           
13       for reimbursement from a permanent fund dividend as provided in this subsection,                                  
14       payment of the cost of imprisonment is not required if the court determines the person                            
15       is indigent. For costs of imprisonment that are not paid by the person as required by                             
16       this subsection, the state shall seek reimbursement from the person's permanent fund                              
17       dividend as provided under AS 43.23.065. A [WHILE AT THE COMMUNITY                                            
18       RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A] person                                                          
19       sentenced under (g)(1)(A) of this section shall perform at least 24 hours of community                            
20       service work. A person sentenced under (g)(1)(B) of this section shall perform at least                           
21       160 hours of community service work, as required by the director of the community                                 
22       residential center or other appropriate place, or as required by the commissioner of                              
23       corrections if the sentence is being served at a private residence. In this subsection,                           
24       "appropriate place" means a facility with 24-hour on-site staff supervision that is                               
25       specifically adapted to provide a residence, and includes a correctional center,                                  
26       residential treatment facility, hospital, halfway house, group home, work farm, work                              
27       camp, or other place that provides varying levels of restriction.                                                 
28    * Sec. 85. AS 29.10.200(21) is amended to read:                                                                    
29                 (21) AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN                                       
30       CIVIL ACTIONS)];                                                                                                  
31    * Sec. 86. AS 29.25.070(a) is amended to read:                                                                     
01            (a) For the violation of an ordinance, a municipality may by ordinance                                       
02       prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days,                              
03       except as limited by (g) of this section. For a violation that cannot result in                               
04       incarceration or the loss of a valuable license, a municipality may allow disposition of                          
05       the violation without court appearance and establish a schedule of fine amounts for                               
06       each offense.                                                                                                     
07    * Sec. 87. AS 29.25.070 is amended by adding a new subsection to read:                                             
08            (g) If a municipality prescribes a penalty for a violation of a municipal                                    
09       ordinance, including a violation under (a) of this section, and there is a comparable                             
10       state offense under AS 11 with elements that are similar to the municipal ordinance,                              
11       the municipality may not impose a greater punishment than that imposed for a                                      
12       violation of the state law. This subsection applies to home rule and general law                                  
13       municipalities.                                                                                                   
14    * Sec. 88. AS 33.05.020 is amended by adding a new subsection to read:                                             
15            (g) The commissioner shall establish an administrative sanction and incentive                                
16       program to facilitate a prompt and effective response to a probationer's compliance                               
17       with or violation of the conditions of probation. The commissioner shall adopt                                    
18       regulations to implement the program. At a minimum, the regulations must include                                  
19                 (1) a decision-making process to guide probation officers in                                            
20       determining the suitable response to positive and negative offender behavior that                                 
21       includes a list of sanctions for the most common types of negative behavior, including                            
22       technical violations of conditions of probation, and a list of incentives for compliance                          
23       with conditions and positive behavior that exceeds those conditions;                                              
24                 (2) policies and procedures that ensure                                                                 
25                      (A) a process for responding to negative behavior that includes                                    
26            a review of previous violations and sanctions;                                                               
27                      (B) that enhanced sanctions for certain negative conduct are                                       
28            approved by the commissioner or the commissioner's designee; and                                             
29                      (C) that appropriate due process protections are included in the                                   
30            process, including notice of negative behavior, an opportunity to dispute the                                
31            accusation and the sanction, and an opportunity to request a review of the                                   
01            accusation and the sanction.                                                                                 
02    * Sec. 89. AS 33.05 is amended by adding a new section to read:                                                    
03            Sec. 33.05.025. Probation incentive reduction; time computation. (a) A                                     
04       probation officer shall recommend to the sentencing court a probation incentive                                   
05       reduction for good conduct by a person on probation.                                                              
06            (b) If a recommendation is made under (a) of this section, the probation officer                             
07       shall provide to the court a time computation for the reduction of the period of                                  
08       probation of 30 days for each 30-day period of probation that a defendant successfully                            
09       complies with all of the conditions of probation for one or more 30-day period                                    
10       immediately preceding the reduction computation. The computation under this                                       
11       subsection may not include credit for less than a 30-day period.                                                  
12    * Sec. 90. AS 33.05.040 is amended to read:                                                                        
13            Sec. 33.05.040. Duties of probation officers. A probation officer shall                                    
14                 (1) furnish to each probationer under the supervision of the officer a                                  
15       written statement of the conditions of probation and shall instruct the probationer                               
16       regarding the same;                                                                                               
17                 (2) keep informed concerning the conduct and condition of each                                          
18       probationer under the supervision of the officer and shall report on the probationer to                           
19       the court placing the [SUCH] person on probation;                                                             
20                 (3) use all suitable methods, not inconsistent with the conditions                                      
21       imposed by the court, to aid probationers and to bring about improvements in their                                
22       conduct and condition;                                                                                            
23                 (4) keep records of the probation work including sanctions and                                      
24       incentives the probation officer imposes under AS 33.05.020(g), keep accurate and                             
25       complete accounts of all money collected from persons under the supervision of the                                
26       officer, give receipts for money collected and make at least monthly returns of it,                               
27       make the reports to the court and the commissioner required by them, and perform                                  
28       other duties the court may direct;                                                                                
29                 (5) recommend to the court a probation reduction for a                                              
30       probationer who is eligible for the reduction under AS 33.05.025; a probation                                 
31       officer shall make the recommendation to the court at least 30 days before the                                
01       earliest date a probationer could be discharged from further supervision because                              
02       of the reduction under AS 33.05.025;                                                                          
03                 (6) perform the [SUCH] duties with respect to persons on parole as the                          
04       commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole                  
05       officer;                                                                                                      
06                 (7) use sanctions and incentives developed under AS 33.05.020(g) to                                 
07       respond to a probationer's negative and positive behavior, including responses to                             
08       technical violations of conditions of probation, in a way that is intended to                                 
09       interrupt negative behavior in a swift, certain, and proportional manner and                                  
10       support progress with a recognition of positive behavior; and                                                 
11                 (8) upon determining that a probationer under the supervision of                                    
12       the officer meets the requirements of AS 12.55.090(g), recommend to the court as                              
13       soon as practicable that probation be terminated and the probationer be                                       
14       discharged from probation.                                                                                    
15    * Sec. 91. AS 33.05.080 is amended by adding a new paragraph to read:                                              
16                 (3) "administrative sanctions and incentives" means responses by a                                      
17       probation officer to a probationer's compliance with or violation of the conditions of                            
18       probation under AS 33.05.020(g).                                                                                  
19    * Sec. 92. AS 33 is amended by adding a new chapter to read:                                                       
20                    Chapter 07. Pretrial Services Program.                                                             
21            Sec. 33.07.010. Pretrial services program; establishment. The commissioner                                 
22       shall establish and administer a pretrial services program that provides a pretrial risk                          
23       assessment for all defendants, recommendations to the court concerning pretrial                                   
24       release decisions, and supervision of defendants released while awaiting trial as                                 
25       ordered by the court.                                                                                             
26            Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner                                
27       shall                                                                                                             
28                 (1) appoint and make available to the superior court and district court                                 
29       qualified pretrial services officers;                                                                             
30                 (2) fix pretrial services officers' salaries;                                                           
31                 (3) assign pretrial services officers to the various judicial districts;                                
01                 (4) provide for the necessary training, expenses, including clerical                                    
02       services, and travel of pretrial services officers;                                                               
03                 (5) approve a risk assessment instrument that is objective, standardized,                               
04       developed based on analysis of empirical data and risk factors relevant to pretrial                               
05       failure, that evaluates the likelihood of failure to appear in court and the likelihood of                        
06       rearrest during the pretrial period, and that is validated on the state's pretrial                                
07       population; and                                                                                                   
08                 (6) adopt regulations in consultation with the Department of Law, the                                   
09       public defender, the Department of Public Safety, and the Alaska Court System,                                    
10       consistent with this chapter and as necessary to implement the program; the                                       
11       regulations must include pretrial release decision-making process guidelines for                                  
12       pretrial services officers in making a recommendation to the court concerning a                                   
13       pretrial release decision, including guidelines for pretrial diversion recommendations.                           
14            Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services                              
15       officers shall, in advance of a first appearance before a judicial officer under                                  
16       AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument                                 
17       approved by the commissioner for the purpose of making a recommendation to the                                    
18       court concerning an appropriate pretrial release decision and conditions of release. In                           
19       conducting a pretrial risk assessment and making a recommendation to the court, the                               
20       department shall follow the decision-making process established by regulation under                               
21       this chapter. The pretrial risk assessment shall be completed and presented to the court                          
22       in a pretrial release report that contains a risk assessment rating of low, moderate, or                          
23       high and a recommendation regarding release and release conditions before the                                     
24       defendant's first appearance before a judicial officer.                                                           
25            (b) A pretrial services officer shall make a recommendation under (a) of this                                
26       section for pretrial release to the court based on factors that include the results of a                          
27       pretrial risk assessment, the offense charged, the least restrictive condition, and                               
28       conditions that will reasonably ensure the appearance of the person in court and the                              
29       safety of the victim, other persons, and the community. The recommendation must                                   
30       take into account                                                                                                 
31                 (1) the level of risk of a defendant;                                                                   
01                 (2) the appropriateness for release on the defendant's own recognizance                                 
02       or on the execution of an unsecured appearance bond, unsecured performance bond, or                               
03       both; and                                                                                                         
04                 (3) nonmonetary release conditions permitted under AS 12.30.011,                                        
05       12.30.016, 12.30.021, and 12.30.027 for defendants who are recommended for release.                               
06            (c) A pretrial services officer shall recommend for release on personal                                      
07       recognizance, upon execution of an unsecured appearance bond, upon execution of an                                
08       unsecured performance bond, or to a pretrial diversion program, with nonmonetary                                  
09       conditions as appropriate, a defendant charged with                                                               
10                 (1) a misdemeanor, unless that misdemeanor is                                                           
11                      (A) a crime involving domestic violence, as defined in                                             
12            AS 18.66.990;                                                                                                
13                      (B) a crime against the person under AS 11.41;                                                     
14                      (C) an offense under AS 11.56.730;                                                                 
15                 (2) a class C felony unless that felony is                                                              
16                      (A) a crime involving domestic violence, as defined in                                             
17            AS 18.66.990;                                                                                                
18                      (B) a crime against the person under AS 11.41;                                                     
19                      (C) an offense under AS 11.56.730;                                                                 
20                 (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has                                    
21       been assessed as being low or moderate risk on the pretrial risk assessment;                                      
22                 (4) an offense for which no finding has been made under (d) of this                                     
23       section that is                                                                                                   
24                      (A) an offense under AS 28.35.030 or 28.35.032, and the                                            
25            defendant has been assessed as being high risk on the pretrial risk assessment;                              
26                      (B) an offense under AS 11.56.730 or 11.56.757, and the                                            
27            defendant has been assessed as being low to moderate risk on the pretrial risk                               
28            assessment;                                                                                                  
29                      (C) any other offense, and the defendant has been assessed as                                      
30            being low risk on the pretrial risk assessment.                                                              
31            (d) For an offense under (c)(4) of this section, if the pretrial services officer                            
01       finds substantial evidence that no nonmonetary conditions of release in combination                               
02       with a personal recognizance release or unsecured bond can reasonably ensure the                                  
03       appearance of the person in court and the safety of the victim, other persons, and the                            
04       community, the pretrial services officer may recommend to the court more restrictive                              
05       release conditions than otherwise provided for under (c) of this section.                                         
06            (e) Pretrial services officers shall supervise defendants released during the                                
07       pretrial period and prioritize supervision of defendants accused of serious charges or                            
08       who are assessed as moderate or high risk on the pretrial risk assessment. Pretrial                               
09       services officers shall impose the least restrictive level of supervision that will                               
10       reasonably ensure the appearance of the person in court and the safety of the victim                              
11       and the community.                                                                                                
12            (f) A pretrial services officer may                                                                          
13                 (1) recommend pretrial diversion to the court before adjudication;                                      
14                 (2) arrest a defendant who has been released pretrial without a warrant                                 
15       if the officer has reason to believe the defendant has committed an offense under                                 
16       AS 11.56.730 or 11.56.757 or has violated the defendant's release conditions;                                     
17                 (3) refer interested defendants for substance abuse screening,                                          
18       assessment, and treatment on a voluntary basis; and                                                               
19                 (4) coordinate with community-based organizations and tribal courts                                     
20       and councils to develop and expand pretrial diversion options.                                                    
21            Sec. 33.07.040. Pretrial services officers as officers of court. (a) All pretrial                          
22       services officers shall be available to the superior and district courts and shall be                             
23       officers of the court.                                                                                            
24            (b) The appointment of a pretrial services officer shall be entered on the                                   
25       journal of the court in the judicial district where the pretrial services officer is                              
26       assigned, and one copy of the journal entry shall be sent to the administrative director                          
27       of the Alaska Court System.                                                                                       
28            Sec. 33.07.090. Definitions. In this chapter,                                                              
29                 (1) "commissioner" means the commissioner of corrections;                                               
30                 (2) "program" means the pretrial services program.                                                      
31    * Sec. 93. AS 33.16.010(c) is amended to read:                                                                     
01            (c) A prisoner who is not eligible for special medical, administrative, or                               
02       discretionary parole, or who is not released on special medical, administrative, or                           
03       discretionary parole, shall be released on mandatory parole for the term of good time                             
04       deductions credited under AS 33.20, if the term or terms of imprisonment are two                                  
05       years or more.                                                                                                    
06    * Sec. 94. AS 33.16.010(d) is amended to read:                                                                     
07            (d) A prisoner released on special medical, administrative, discretionary, or                            
08       mandatory parole is subject to the conditions of parole imposed under AS 33.16.150.                               
09       Parole may be revoked under AS 33.16.220.                                                                         
10    * Sec. 95. AS 33.16.010 is amended by adding a new subsection to read:                                             
11            (f) A prisoner eligible under AS 33.16.089 shall be released on administrative                               
12       parole by the board of parole.                                                                                    
13    * Sec. 96. AS 33.16.060(a) is amended to read:                                                                     
14            (a) The board shall                                                                                          
15                 (1) serve as the parole authority for the state;                                                        
16                 (2) upon receipt of an application, consider the suitability for parole of                              
17       a prisoner who is eligible for special medical or discretionary parole;                                           
18                 (3) impose parole conditions on all prisoners released under                                            
19       administrative, discretionary, or mandatory parole;                                                       
20                 (4) under AS 33.16.210, discharge a person from parole when custody                                     
21       is no longer required;                                                                                            
22                 (5) maintain records of the meetings and proceedings of the board;                                      
23                 (6) recommend to the governor and the legislature changes in the law                                    
24       administered by the board;                                                                                        
25                 (7) recommend to the governor or the commissioner changes in the                                        
26       practices of the department and of other departments of the executive branch                                      
27       necessary to facilitate the purposes and practices of parole;                                                     
28                 (8) upon request of the governor, review and recommend applicants for                                   
29       executive clemency; [AND]                                                                                         
30                 (9) execute other responsibilities prescribed by law; and                                           
31                 (10) evaluate the eligibility and notify a prisoner of the prisoner's                               
01       eligibility for administrative and discretionary parole at least 90 days before the                           
02       prisoner's first date of eligibility.                                                                         
03    * Sec. 97. AS 33.16 is amended by adding a new section to read:                                                    
04            Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner                                      
05       convicted of a misdemeanor or a class B or C felony that is not a sexual felony as                                
06       defined in AS 12.55.185, who has not been previously convicted of a felony in this or                             
07       another jurisdiction, and who has been sentenced to an active term of imprisonment of                             
08       at least 181 days shall be released on administrative parole by the board without a                               
09       hearing if                                                                                                        
10                 (1) the prisoner has served the greater of                                                              
11                      (A) one-fourth of the active term of imprisonment imposed;                                         
12                      (B) the mandatory minimum term of imprisonment imposed; or                                         
13                      (C) a term of imprisonment imposed under AS 12.55.115;                                             
14                 (2) the prisoner is not excluded from eligibility for administrative                                    
15       parole by court order;                                                                                            
16                 (3) the prisoner has agreed to and signed the conditions of parole under                                
17       AS 33.16.050;                                                                                                     
18                 (4) the victim does not request a hearing to consider issues of public                                  
19       safety under AS 33.16.120; and                                                                                    
20                 (5) the prisoner has met the requirements of the case plan established                                  
21       under AS 33.30.011(8).                                                                                            
22            (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090                                
23       does not meet the criteria for release on administrative parole under (a) of this section,                        
24       the board shall consider the prisoner for discretionary parole.                                                   
25            (c) If a victim makes a timely request for a hearing under AS 33.16.120, the                                 
26       board shall conduct the hearing not later than 30 days before the prisoner's earliest                             
27       parole eligibility date.                                                                                          
28    * Sec. 98. AS 33.16.090(a) is amended to read:                                                                     
29            (a) A prisoner sentenced to an active term of imprisonment of at least 181 days                              
30       and who has not been released on administrative parole as provided in                                         
31       AS 33.16.089 may, in the discretion of the board, be released on discretionary parole                         
01       if the prisoner                                                                                                   
02                 (1) has served the amount of time specified under (b) of this section,                              
03       except that                                                                                                       
04                      (A) [(1)] a prisoner sentenced to one or more mandatory 99-                                    
05            year terms under AS 12.55.125(a) or one or more definite terms under                                         
06            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
07                      (B) [(2)] a prisoner is not eligible for consideration of                                      
08            discretionary parole if made ineligible by order of a court under AS 12.55.115;                              
09                      (C) [(3)] a prisoner imprisoned under AS 12.55.086 is not                                      
10            eligible for discretionary parole unless the actual term of imprisonment is more                             
11            than one year; or                                                                                        
12                 (2) is at least 60 years of age, has served at least 10 years of a                                  
13       sentence for one or more crimes in a single judgment, and has not been convicted                              
14       of an unclassified felony or a sexual felony as defined in AS 12.55.185.                                      
15    * Sec. 99. AS 33.16.090(b) is amended to read:                                                                     
16            (b) A prisoner eligible under (a)(1) of this section who is sentenced                                    
17                 (1) to a single sentence under AS 12.55.125(a) or (b) may not be                                        
18       released on discretionary parole until the prisoner has served the mandatory minimum                              
19       term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment                                   
20       imposed, or any term set under AS 12.55.115, whichever is greatest;                                               
21                 (2) to a single sentence within or below a presumptive range set out in                                 
22       AS 12.55.125(i)(1)(C) - (F) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)],                          
23       and has not been allowed by the three-judge panel under AS 12.55.175 to be                                        
24       considered for discretionary parole release, may not be released on discretionary                                 
25       parole until the prisoner has served the term imposed, less good time earned under                                
26       AS 33.20.010;                                                                                                     
27                 (3) to a single sentence under AS 12.55.125(i)(1)(C) - (F)                                          
28       [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], and has been allowed by the                              
29       three-judge panel under AS 12.55.175 to be considered for discretionary parole release                            
30       during the second half of the sentence, may not be released on discretionary parole                               
31       until                                                                                                             
01                      (A) the prisoner has served that portion of the active term of                                     
02            imprisonment required by the three-judge panel; and                                                          
03                      (B) in addition to the factors set out in AS 33.16.100(a), the                                     
04            board determines that                                                                                        
05                           (i) the prisoner has successfully completed all                                               
06                 rehabilitation programs ordered by the three-judge panel that were                                      
07                 made available to the prisoner; and                                                                     
08                           (ii) the prisoner would not constitute a danger to the                                        
09                 public if released on parole;                                                                           
10                 (4) to a single enhanced sentence under AS 12.55.155(a) that is above                                   
11       the applicable presumptive range may not be released on discretionary parole until the                            
12       prisoner has served the greater of the following:                                                                 
13                      (A) an amount of time, less good time earned under                                                 
14            AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                
15            of the amount of time above the presumptive range; or                                                        
16                      (B) any term set under AS 12.55.115;                                                               
17                 (5) to a single sentence under any other provision of law may not be                                    
18       released on discretionary parole until the prisoner has served at least one-fourth of the                         
19       active term of imprisonment, any mandatory minimum sentence imposed under any                                     
20       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
21                 (6) to concurrent sentences may not be released on discretionary parole                                 
22       until the prisoner has served the greatest of                                                                     
23                      (A) any mandatory minimum sentence or sentences imposed                                            
24            under any provision of law;                                                                                  
25                      (B) any term set under AS 12.55.115; or                                                            
26                      (C) the amount of time that is required to be served under (1) -                                   
27            (5) of this subsection for the sentence imposed for the primary crime, had that                              
28            been the only sentence imposed;                                                                              
29                 (7) to consecutive or partially consecutive sentences may not be                                        
30       released on discretionary parole until the prisoner has served the greatest of                                    
31                      (A) the composite total of any mandatory minimum sentence or                                       
01            sentences imposed under any provision of law, including AS 12.55.127;                                        
02                      (B) any term set under AS 12.55.115; or                                                            
03                      (C) the amount of time that is required to be served under (1) -                                   
04            (5) of this subsection for the sentence imposed for the primary crime, had that                              
05            been the only sentence imposed, plus one-quarter of the composite total of the                               
06            active term of imprisonment imposed as consecutive or partially consecutive                                  
07            sentences imposed for all crimes other than the primary crime.                                               
08    * Sec. 100. AS 33.16.100(a) is amended to read:                                                                    
09            (a) The board may authorize the release of a prisoner convicted of an                                    
10       unclassified felony who is otherwise eligible under AS 12.55.115 and AS 33.16.090                             
11       on discretionary parole if it determines a reasonable probability exists that                                     
12                 (1) the prisoner will live and remain at liberty without violating any                                  
13       laws or conditions imposed by the board;                                                                          
14                 (2) the prisoner's rehabilitation and reintegration into society will be                                
15       furthered by release on parole;                                                                                   
16                 (3) the prisoner will not pose a threat of harm to the public if released                               
17       on parole; and                                                                                                    
18                 (4) release of the prisoner on parole would not diminish the seriousness                                
19       of the crime.                                                                                                     
20    * Sec. 101. AS 33.16.100(b) is amended to read:                                                                    
21            (b) If the board finds a change in circumstances in a prisoner's preparole                               
22       reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED                                              
23       UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who                                    
24       has been granted a parole release date, the board may rescind or revise the previously                            
25       granted parole release date. In reconsidering the release date, the procedures set out in                         
26       AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed.                                                     
27    * Sec. 102. AS 33.16.100 is amended by adding a new subsection to read:                                            
28            (f) The board may authorize the release of a prisoner who has been convicted                                 
29       of more than one felony, other than an unclassified felony, in this or another                                    
30       jurisdiction, if the prisoner is eligible for discretionary parole under AS 12.55.115 and                         
31       AS 33.16.090, has met the requirements of a case plan created under AS 33.30.011(8),                              
01       and has agreed to the conditions of supervision, unless the board finds by clear and                              
02       convincing evidence on the record that the prisoner poses a threat of harm to the                                 
03       public if released. If the board finds that failure to complete the requirements of a case                        
04       plan was not caused by the prisoner, the board may waive the incomplete                                           
05       requirements.                                                                                                     
06    * Sec. 103. AS 33.16.110(a) is amended to read:                                                                    
07            (a) In determining whether a prisoner is suitable for discretionary parole, the                              
08       board shall consider the preparole reports including                                                              
09                 (1) the presentence report made to the sentencing court;                                                
10                 (2) the recommendations made by the sentencing court, by the                                            
11       prosecuting attorney, and by the defense attorney, and any statements made by the                                 
12       victim or the prisoner at sentencing;                                                                             
13                 (3) the prisoner's institutional conduct history while incarcerated;                                    
14                 (4) recommendations made by the staff of the correctional facilities in                                 
15       which the prisoner was incarcerated;                                                                              
16                 (5) reports of prior crimes, juvenile histories, and previous experiences                               
17       of the prisoner on parole or probation;                                                                           
18                 (6) physical, mental, and psychiatric examinations of the prisoner;                                     
19                 (7) information submitted by the prisoner, the sentencing court, the                                    
20       victim of the crime, the prosecutor, or other persons having knowledge of the prisoner                            
21       or the crime;                                                                                                     
22                 (8) information concerning an unjustified disparity in the sentence                                     
23       imposed on a prisoner in relation to other sentences imposed under similar                                        
24       circumstances; [AND]                                                                                              
25                 (9) other relevant information that may be reasonably available;                                    
26                 (10) the case plan created under AS 33.30.011(8) for the prisoner,                                  
27       including a compliance report on the case plan; and                                                           
28                 (11) a reentry plan created under AS 33.30.011(9).                                                  
29    * Sec. 104. AS 33.16.120(a) is amended to read:                                                                    
30            (a) If the victim of a crime against a person or arson in the first degree requests                          
31       notice of a scheduled hearing to review or consider discretionary parole for a prisoner                           
01       convicted of that crime, the board shall send notice of the hearing to the victim at least                        
02       30 days before the hearing. The notice must be accompanied by a copy of the                                       
03       prisoner's preparole reports listed in AS 33.16.110 [APPLICATION FOR PAROLE                                   
04       SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the preparole                                          
05       reports [APPLICATION] sent to the victim may not include the prisoner's                                       
06       confidential health information, information protected under AS 33.16.170,                                    
07       proposed residence, or [AND] employment addresses.                                                            
08    * Sec. 105. AS 33.16.120(f) is amended to read:                                                                    
09            (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c),                             
10       33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the                           
11       victim before the prisoner's release date. Notification under this subsection must                                
12       include the expected date of the prisoner's release, the geographic area in which the                             
13       prisoner is required to reside, and other pertinent information concerning the prisoner's                         
14       conditions of parole that may affect the victim.                                                                  
15    * Sec. 106. AS 33.16.120(g) is amended to read:                                                                    
16            (g) A victim of a crime involving domestic violence shall be informed by the                                 
17       board at least 30 days in advance of a scheduled hearing to review or consider                                    
18       [DISCRETIONARY] parole for a prisoner. The board shall inform the victim of any                                   
19       decision to grant or deny [DISCRETIONARY] parole or to release the prisoner under                                 
20       AS 33.16.010(c). If the prisoner is to be released, the victim shall be notified of the                           
21       expected date of the release, the geographic area in which the prisoner will reside, and                          
22       any other information concerning conditions of parole that may affect the victim. The                             
23       victim shall also be informed of any changes in the conditions of parole that may                                 
24       affect the victim. The board shall send the notice required to the last known address of                          
25       the victim. A person may not bring a civil action for damages for a failure to comply                             
26       with the provisions of this subsection.                                                                           
27    * Sec. 107. AS 33.16.120 is amended by adding a new subsection to read:                                            
28            (h) A victim who has a right to notice under (a) of this section may request a                               
29       hearing before a prisoner is released on administrative parole under AS 33.16.089. The                            
30       notice to the victim must include the procedure and time frame for requesting a                                   
31       hearing.                                                                                                          
01    * Sec. 108. AS 33.16.130 is repealed and reenacted to read:                                                      
02            Sec. 33.16.130. Parole procedures. (a) The parole board shall hold a hearing                               
03       for all prisoners who are eligible for parole before granting an eligible prisoner special                        
04       medical or discretionary parole. The board shall also hold a hearing if requested by a                            
05       victim under procedures established for the request for a prisoner eligible for                                   
06       administrative parole. A hearing shall be conducted within the following time frames:                             
07                 (1) for prisoners eligible under AS 33.16.100(a), not less than 90 days                                 
08       before the first parole eligibility date;                                                                         
09                 (2) for all other prisoners, not less than 30 days after the board is                                   
10       notified of the need for a hearing by the commissioner or the commissioner's designee.                            
11            (b) The commissioner or the commissioner's designee shall furnish a copy of                                  
12       the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted                              
13       access to all records that the board will consider in making its decision except those                            
14       that are made confidential by law. The prisoner may also respond in writing to all                                
15       materials the board considers, be present at the hearing, and present evidence to the                             
16       board.                                                                                                            
17            (c) If the board denies parole, the board shall state the reasons for the denial,                            
18       identify all of the factors considered relevant to the denial, and provide a written plan                         
19       for addressing all of the factors relevant to the denial. The board may schedule a                                
20       subsequent parole hearing at the time of the denial or at a later date as follows:                                
21                 (1) for the first parole denial, within two years after the first parole                                
22       eligibility date;                                                                                                 
23                 (2) for the second and subsequent denials, within two years after the                                   
24       most recent parole hearing.                                                                                       
25            (d) The board shall issue its decision in writing and provide a copy of the                                  
26       decision to the prisoner.                                                                                         
27    * Sec. 109. AS 33.16.140 is amended to read:                                                                       
28            Sec. 33.16.140. Order for parole. An order for parole issued by the board,                                 
29       setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole                              
30       custody ends, shall be furnished to each prisoner released on special medical,                                    
31       administrative, discretionary, or mandatory parole.                                                           
01    * Sec. 110. AS 33.16.150(a) is amended to read:                                                                    
02            (a) As a condition of parole, a prisoner released on special medical,                                        
03       administrative, discretionary, or mandatory parole                                                            
04                 (1) shall obey all state, federal, or local laws or ordinances, and any                                 
05       court orders applicable to the parolee;                                                                           
06                 (2) shall make diligent efforts to maintain steady employment or meet                                   
07       family obligations;                                                                                               
08                 (3) shall, if involved in education, counseling, training, or treatment,                                
09       continue in the program unless granted permission from the parole officer assigned to                             
10       the parolee to discontinue the program;                                                                           
11                 (4) shall report                                                                                        
12                      (A) upon release to the parole officer assigned to the parolee;                                    
13                      (B) at other times, and in the manner, prescribed by the board or                                  
14            the parole officer assigned to the parolee;                                                                  
15                 (5) shall reside at a stated place and not change that residence without                                
16       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
17                 (6) shall remain within stated geographic limits unless written                                         
18       permission to depart from the stated limits is granted the parolee;                                               
19                 (7) may not use, possess, handle, purchase, give, distribute, or                                        
20       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
21       drug for which a prescription is required under state or federal law without a                                    
22       prescription from a licensed medical professional to the parolee;                                                 
23                 (8) may not possess or control a firearm; in this paragraph, "firearm"                                  
24       has the meaning given in AS 11.81.900;                                                                            
25                 (9) may not enter into an agreement or other arrangement with a law                                     
26       enforcement agency or officer that will place the parolee in the position of violating a                          
27       law or parole condition without the prior approval of the board;                                                  
28                 (10) may not contact or correspond with anyone confined in a                                            
29       correctional facility of any type serving any term of imprisonment or a felon without                             
30       the permission of the parole officer assigned to a parolee;                                                       
31                 (11) shall agree to waive extradition from any state or territory of the                                
01       United States and to not contest efforts to return the parolee to the state;                                      
02                 (12) shall provide a blood sample, an oral sample, or both, when                                        
03       requested by a health care professional acting on behalf of the state to provide the                              
04       sample or samples, or an oral sample when requested by a juvenile or adult                                        
05       correctional, probation, or parole officer, or a peace officer, if the prisoner is being                          
06       released after a conviction of an offense requiring the state to collect the sample or                            
07       samples for the deoxyribonucleic acid identification system under AS 44.41.035;                                   
08                 (13) from a conviction for a sex offense shall submit to regular periodic                               
09       polygraph examinations; in this paragraph, "sex offense" has the meaning given in                                 
10       AS 12.63.100.                                                                                                     
11    * Sec. 111. AS 33.16.150(b) is amended to read:                                                                    
12            (b) The board may require as a condition of special medical, administrative,                             
13       discretionary, or mandatory parole, or a member of the board acting for the board                                 
14       under (e) of this section may require as a condition of administrative or mandatory                           
15       parole, that a prisoner released on parole                                                                        
16                 (1) not possess or control a defensive weapon, a deadly weapon other                                    
17       than an ordinary pocket knife with a blade three inches or less in length, or                                     
18       ammunition for a firearm, or reside in a residence where there is a firearm capable of                            
19       being concealed on one's person or a prohibited weapon; in this paragraph, "deadly                                
20       weapon," "defensive weapon," and "firearm" have the meanings given in                                             
21       AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200;                                      
22                 (2) refrain from possessing or consuming alcoholic beverages;                                           
23                 (3) submit to reasonable searches and seizures by a parole officer, or a                                
24       peace officer acting under the direction of a parole officer;                                                     
25                 (4) submit to appropriate medical, mental health, or controlled                                         
26       substance or alcohol examination, treatment, or counseling;                                                       
27                 (5) submit to periodic examinations designed to detect the use of                                       
28       alcohol or controlled substances; the periodic examinations may include testing under                             
29       the program established under AS 33.16.060(c);                                                                    
30                 (6) make restitution ordered by the court according to a schedule                                       
31       established by the board;                                                                                         
01                 (7) refrain from opening, maintaining, or using a checking account or                                   
02       charge account;                                                                                                   
03                 (8) refrain from entering into a contract other than a prenuptial contract                              
04       or a marriage contract;                                                                                           
05                 (9) refrain from operating a motor vehicle;                                                             
06                 (10) refrain from entering an establishment where alcoholic beverages                                   
07       are served, sold, or otherwise dispensed;                                                                         
08                 (11) refrain from participating in any other activity or conduct                                        
09       reasonably related to the parolee's offense, prior record, behavior or prior behavior,                            
10       current circumstances, or perceived risk to the community, or from associating with                               
11       any other person that the board determines is reasonably likely to diminish the                                   
12       rehabilitative goals of parole, or that may endanger the public; in the case of special                           
13       medical parole, for a prisoner diagnosed with a communicable disease, comply with                                 
14       conditions set by the board designed to prevent the transmission of the disease.                                  
15    * Sec. 112. AS 33.16.150(e) is amended to read:                                                                    
16            (e) The board may designate a member of the board to act on behalf of the                                    
17       board in imposing conditions of administrative or mandatory parole under (a) and (b)                          
18       of this section, in delegating imposition of conditions of administrative or mandatory                        
19       parole under (c) of this section, and in setting the period of compliance with the                                
20       conditions of administrative or mandatory parole under (d) of this section. The                               
21       decision of a member of the board under this section is the decision of the board. A                              
22       prisoner or parolee aggrieved by a decision of a member of the board acting for the                               
23       board under this subsection may apply to the board under AS 33.16.160 for a change                                
24       in the conditions of administrative or mandatory parole.                                                      
25    * Sec. 113. AS 33.16.150(f) is amended to read:                                                                    
26            (f) In addition to other conditions of parole imposed under this section, the                                
27       board may impose as a condition of special medical, administrative, discretionary, or                         
28       mandatory parole for a prisoner serving a term for a crime involving domestic                                     
29       violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a                          
30       requirement that, at the prisoner's expense, the prisoner participate in and complete, to                         
31       the satisfaction of the board, a program for the rehabilitation of perpetrators of                                
01       domestic violence that meets the standards set by, and that is approved by, the                                   
02       department under AS 44.28.020(b); and (3) any other condition necessary to                                        
03       rehabilitate the prisoner. The board shall establish procedures for the exchange of                               
04       information concerning the parolee with the victim and for responding to reports of                               
05       nonattendance or noncompliance by the parolee with conditions imposed under this                                  
06       subsection. The board may not under this subsection require a prisoner to participate                             
07       in and complete a program for the rehabilitation of perpetrators of domestic violence                             
08       unless the program meets the standards set by, and is approved by, the department                                 
09       under AS 44.28.020(b).                                                                                            
10    * Sec. 114. AS 33.16.150(g) is amended to read:                                                                    
11            (g) In addition to other conditions of parole imposed under this section for a                               
12       prisoner serving a sentence for an offense where the aggravating factor provided in                               
13       AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a                                      
14       condition of special medical, administrative, discretionary, and mandatory parole a                           
15       requirement that the prisoner submit to electronic monitoring. Electronic monitoring                              
16       under this subsection must provide for monitoring of the prisoner's location and                                  
17       movements by Global Positioning System technology. The board shall require a                                      
18       prisoner serving a period of probation with electronic monitoring as provided under                               
19       this subsection to pay all or a portion of the costs of the electronic monitoring, but                            
20       only if the prisoner has sufficient financial resources to pay the costs or a portion of                          
21       the costs. A prisoner subject to electronic monitoring under this subsection is not                               
22       entitled to a credit for time served in a correctional facility while the defendant is on                         
23       parole. In this subsection, "correctional facility" has the meaning given in                                      
24       AS 33.30.901.                                                                                                     
25    * Sec. 115. AS 33.16.180 is amended to read:                                                                       
26            Sec. 33.16.180. Duties of the commissioner. The commissioner shall                                         
27                 (1) conduct investigations of prisoners eligible for administrative or                              
28       discretionary parole, as requested by the board and as provided in this section;                              
29                 (2) supervise the conduct of parolees;                                                                  
30                 (3) appoint and assign parole officers and personnel;                                                   
31                 (4) provide the board, within 30 days after sentencing, information on a                                
01       sentenced prisoner who may be eligible for administrative parole under                                        
02       AS 33.16.089 or discretionary parole under AS 33.16.090;                                                      
03                 (5) notify the board and provide information on a prisoner 120 days                                     
04       before the prisoner's mandatory release date, if the prisoner is to be released on [TO]                       
05       mandatory parole; [AND]                                                                                           
06                 (6) maintain records, files, and accounts as requested by the board;                                
07                 (7) prepare preparole reports under AS 33.16.110(a);                                                
08                 (8) notify the board in writing of a prisoner's compliance or                                       
09       noncompliance with the prisoner's case plan created under AS 33.30.011(8) not                                 
10       less than 30 days before the prisoner's next parole eligibility date or the                                   
11       prisoner's parole hearing date, whichever is earlier;                                                         
12                 (9) establish an administrative sanction and incentive program to                                   
13       facilitate a swift and certain response to a parolee's compliance with or violation                           
14       of the conditions of parole and shall adopt regulations to implement the program;                             
15       at a minimum, the regulations must include                                                                    
16                      (A) a decision-making process to guide parole officers in                                      
17            determining the suitable response to positive and negative offender                                      
18            behavior that includes a list of sanctions for the most common types of                                  
19            negative behavior, including technical violations of conditions of parole,                               
20            and a list of incentives for compliance with conditions and positive                                     
21            behavior that exceeds those conditions;                                                                  
22                      (B) policies and procedures that ensure                                                        
23                           (i) a process for responding to negative behavior that                                    
24                 includes a review of previous violations and sanctions;                                             
25                           (ii) that enhanced sanctions for certain negative                                         
26                 conduct are approved by the commissioner or the commissioner's                                      
27                 designee; and                                                                                       
28                           (iii) that appropriate due process protections are                                        
29                 included in the process, including notice of negative behavior, an                                  
30                 opportunity to dispute the accusation and the sanction, and an                                      
31                 opportunity to request a review of the accusation and the sanction;                                 
01                 (10) calculate and keep records of the parole reduction for a                                       
02       parolee who is eligible for the reduction under AS 33.16.210(d);                                              
03                 (11) notify the board at least 30 days before the earliest date a                                   
04       parolee's parole will be discharged under AS 33.16.210(d); and                                                
05                 (12) within 30 days after sentencing of an offender, provide the                                    
06       victim of a crime information on the earliest dates the offender could be released                            
07       on furlough, probation, or parole, including deductions or reductions for good                                
08       time or other good conduct incentives and the process for release, including                                  
09       contact information for the decision-making bodies.                                                           
10    * Sec. 116. AS 33.16.200 is amended to read:                                                                       
11            Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the                                
12       board retains custody of special medical, administrative, discretionary, and                                  
13       mandatory parolees until the expiration of the maximum term or terms of                                           
14       imprisonment to which the parolee is sentenced.                                                                   
15    * Sec. 117. AS 33.16.210 is amended to read:                                                                       
16            Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally                                    
17       discharge a parolee from the jurisdiction and custody of the board after the parolee has                          
18       completed one year [TWO YEARS] of parole. A discretionary parolee with a residual                             
19       period of probation may, after one year [TWO YEARS] of parole, be discharged by                               
20       the board to immediately begin serving the residual period of probation.                                          
21            (b) Notwithstanding (a) of this section, the board may unconditionally                                       
22       discharge a mandatory parolee before the parolee has completed one year [TWO                                  
23       YEARS] of parole if the parolee is serving a concurrent period of residual probation                              
24       under AS 33.20.040(c), and the period of residual probation and the period of                                     
25       suspended imprisonment each equal or exceed the period of mandatory parole.                                       
26    * Sec. 118. AS 33.16.210 is amended by adding new subsections to read:                                             
27            (c) Notwithstanding (a) of this section, the board may unconditionally                                       
28       discharge a parolee if the parolee                                                                                
29                 (1) has completed at least one year on parole;                                                          
30                 (2) has completed all treatment programs required as a condition of                                     
31       parole;                                                                                                           
01                 (3) is currently in compliance with all conditions of parole; and                                       
02                 (4) has not been convicted of an unclassified felony offense, a sexual                                  
03       felony as defined by AS 12.55.185, or a crime involving domestic violence as defined                              
04       by AS 18.66.990.                                                                                                  
05            (d) The board shall grant a parole incentive reduction for good conduct by a                                 
06       person on parole of 30 days for each 30-day period of parole that a parolee                                       
07       successfully complies with all of the conditions of parole for one or more 30-day                                 
08       period immediately preceding the reduction computation. The board may not grant a                                 
09       reduction for less than a 30-day period.                                                                          
10    * Sec. 119. AS 33.16 is amended by adding a new section to read:                                                   
11            Sec. 33.16.215. Sanctions for a technical violation of parole. (a) If a parolee                            
12       is serving a period of parole for an offense, the board may find that the parolee has                             
13       committed a technical violation of parole. If the board finds that a parolee has                                  
14       committed a technical violation of parole that does not include absconding, the board                             
15       may revoke parole and return the parolee to the custody of the commissioner and then                              
16       place the person back on parole after the appropriate period of time below:                                       
17                 (1) three days for the first technical violation of parole filed with the                               
18       board;                                                                                                            
19                 (2) five days for the second technical violation of parole filed with the                               
20       board;                                                                                                            
21                 (3) 10 days for the third technical violation of parole filed with the                                  
22       board; and                                                                                                        
23                 (4) the remainder of the sentence for a fourth or subsequent technical                                  
24       violation of parole.                                                                                              
25            (b) If the board revokes parole for absconding, the board may place a person                                 
26       back on parole after the person has served up to 30 days.                                                         
27            (c) This section does not apply if the parolee is enrolled in the program                                    
28       established under AS 33.16.060(c).                                                                                
29            (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3)                               
30       and does not comply with the board's order, the board may order the parolee to show                               
31       cause why the board should not revoke the parole for noncompletion of treatment. In a                             
01       parole revocation proceeding brought as a result of failure to complete treatment, it is                          
02       an affirmative defense that the parolee was unable to afford the cost of treatment or                             
03       secure a place in a free treatment program, despite having made continuing good faith                             
04       efforts. If the board finds that the parolee was unable to complete treatment despite                             
05       having made continuing good faith efforts, the parole may not be revoked solely                                   
06       because of an inability to pay. If the board does not find that the noncompletion of                              
07       treatment was attributable to the parolee's inability to pay, the board may revoke                                
08       parole subject to the limits established in this section.                                                         
09            (e) In this section,                                                                                         
10                 (1) "absconding" means failing to report within five working days after                                 
11       release from custody under AS 33.20.030 or failing to report to a parole officer within                           
12       30 days after release from custody;                                                                               
13                 (2) "technical violation" means a violation of the conditions of parole                                 
14       that does not result from                                                                                         
15                      (A) an arrest for a new criminal offense; or                                                       
16                      (B) failing to complete sex offender treatment.                                                    
17    * Sec. 120. AS 33.16.220(b) is amended to read:                                                                    
18            (b) If a parolee has been arrested for the commission of a new criminal                                  
19       offense or for failing to complete a sex offender treatment program, except                                   
20       [EXCEPT] as provided in (e) of this section, the board or its designee shall hold a                           
21       preliminary hearing within 15 working days after the arrest and incarceration of a                            
22       parolee for violation of a condition of parole [, THE BOARD OR ITS DESIGNEE                                       
23       SHALL HOLD A PRELIMINARY HEARING]. At the preliminary hearing, the board                                          
24       or its designee shall determine if there is probable cause to believe that the parolee                            
25       violated the conditions of parole and, when probable cause exists, whether the parolee                            
26       should be released pending a final revocation hearing. A finding of probable cause at a                           
27       preliminary hearing in a criminal case is conclusive proof of probable cause that a                               
28       parole violation occurred.                                                                                        
29    * Sec. 121. AS 33.16.220(f) is amended to read:                                                                    
30            (f) If a parolee has had a preliminary hearing under (b) of this section, the                            
31       [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a                        
01       parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this                              
02       section.                                                                                                          
03    * Sec. 122. AS 33.16.220(i) is amended to read:                                                                    
04            (i) If, after the final revocation hearing, the board finds that the parolee has                             
05       violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                            
06       ordinance, the board may revoke all or a portion of the parole subject to the limits set                      
07       out in AS 33.16.215, or change any condition of parole. The board cannot extend                           
08       the period of parole beyond the maximum sentence imposed by the sentencing                                    
09       court.                                                                                                        
10    * Sec. 123. AS 33.16.220 is amended by adding a new subsection to read:                                            
11            (j) If a parolee has been arrested for a technical violation of conditions of                                
12       parole, the board or its designee shall hold a final hearing within 15 working days.                              
13    * Sec. 124. AS 33.16.240(e) is amended to read:                                                                    
14            (e) A parolee charged with a new crime or failure to comply with a sex                                   
15       offender treatment program [ARRESTED FOR VIOLATION OF PAROLE] is not                                          
16       entitled to bail.                                                                                                 
17    * Sec. 125. AS 33.16.240 is amended by adding new subsections to read:                                             
18            (h) A parolee arrested under this section for a technical violation shall be                                 
19       released without bail once the parolee has served the maximum number of days that                                 
20       could be served for a technical violation under AS 33.16.215. Nothing in this                                     
21       subsection prohibits the board or its designee from releasing a parolee sooner.                                   
22            (i) The board or its designee may impose additional conditions necessary to                                  
23       ensure the parolee's appearance at a hearing held under AS 33.16.220(h).                                          
24    * Sec. 126. AS 33.16.900 is amended by adding a new paragraph to read:                                             
25                 (14) "administrative sanctions and incentives" means responses by a                                     
26       parole officer to a parolee's compliance with or violation of the conditions of parole                            
27       under AS 33.16.180.                                                                                               
28    * Sec. 127. AS 33.20.010(c) is amended to read:                                                                    
29            (c) A prisoner may not be awarded a good time deduction under (a) of this                                    
30       section for any period spent in a treatment program or [,] in a private residence. A                      
31       prisoner may be awarded a good time deduction under (a) of this section for any                               
01       period spent [, OR] while under electronic monitoring.                                                        
02    * Sec. 128. AS 33.20.010 is amended by adding a new subsection to read:                                            
03            (d) Notwithstanding (a) and (c) of this section, the commissioner of corrections                             
04       shall award to a prisoner convicted of a sexual offense that is ineligible for a deduction                        
05       under (a)(3)(A) or (B) of this section and sentenced to a term of imprisonment that                               
06       exceeds three days a deduction of one-third of the term of imprisonment rounded off                               
07       to the nearest day for periods during which the prisoner follows the rules of the                                 
08       correctional facility in which the prisoner is confined. The commissioner may not                                 
09       award the deduction under this subsection until the prisoner successfully completes the                           
10       treatment requirements in the prisoner's case plan.                                                               
11    * Sec. 129. AS 33.30.011 is amended to read:                                                                       
12            Sec. 33.30.011. Duties of commissioner. The commissioner shall                                             
13                 (1) establish, maintain, operate, and control correctional facilities                                   
14       suitable for the custody, care, and discipline of persons charged or convicted of                                 
15       offenses against the state or held under authority of state law; each correctional facility                       
16       operated by the state shall be established, maintained, operated, and controlled in a                             
17       manner that is consistent with AS 33.30.015;                                                                      
18                 (2) classify prisoners;                                                                                 
19                 (3) for persons committed to the custody of the commissioner, establish                                 
20       programs, including furlough programs that are reasonably calculated to                                           
21                      (A) protect the public and the victims of crimes committed by                                      
22            prisoners;                                                                                                   
23                      (B) maintain health;                                                                               
24                      (C) create or improve occupational skills;                                                         
25                      (D) enhance educational qualifications;                                                            
26                      (E) support court-ordered restitution; and                                                         
27                      (F) otherwise provide for the rehabilitation and reformation of                                    
28            prisoners, facilitating their reintegration into society;                                                    
29                 (4) provide necessary                                                                                   
30                      (A) medical services for prisoners in correctional facilities or                                   
31            who are committed by a court to the custody of the commissioner, including                                   
01            examinations for communicable and infectious diseases;                                                       
02                      (B) psychological or psychiatric treatment if a physician or                                       
03            other health care provider, exercising ordinary skill and care at the time of                                
04            observation, concludes that                                                                                  
05                           (i) a prisoner exhibits symptoms of a serious disease or                                      
06                 injury that is curable or may be substantially alleviated; and                                          
07                           (ii) the potential for harm to the prisoner by reason of                                      
08                 delay or denial of care is substantial; and                                                             
09                      (C) assessment or screening of the risks and needs of offenders                                    
10            who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                              
11            alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                    
12            disorder;                                                                                                    
13                 (5) establish minimum standards for sex offender treatment programs                                     
14       offered to persons who are committed to the custody of the commissioner;                                          
15                 (6) provide for fingerprinting in correctional facilities in accordance                                 
16       with AS 12.80.060; [AND]                                                                                          
17                 (7) establish a program to conduct assessments of the risks and needs of                                
18       offenders sentenced to serve a term of incarceration of 30 days or more and provide to                            
19       the legislature, by electronic means, by January 15, 2017, and thereafter by                                      
20       January 15, preceding the first regular session of each legislature, a report                                     
21       summarizing the findings and results of the program; the program must include a                               
22       requirement for an assessment before release and within 24 hours after initial                                
23       arrest and detention;                                                                                         
24                 (8) establish a procedure that provides for each prisoner required                                  
25       to serve an active term of imprisonment of 30 days or more a written case plan                                
26       that is                                                                                                       
27                      (A) provided to the prisoner within 90 days after                                              
28            sentencing;                                                                                              
29                      (B) based on the results of the assessment of the prisoner's                                   
30            risks and needs under (7) of this section;                                                               
31                      (C) to the extent feasible, incorporated into institutional                                    
01            conduct of the prisoner and the correctional facility staff;                                             
02                      (D) modified when necessary for changes in classification,                                     
03            housing status, medical or mental health, and resource availability;                                     
04                 (9) establish a program for reentry planning for each prisoner                                      
05       serving an active term of imprisonment of 181 days or more that provides a                                    
06       written plan to the prisoner not less than 90 days before release to furlough,                                
07       probation, or parole; the reentry plan must include                                                           
08                      (A) information on the prisoner's proposed                                                     
09                           (i) residence;                                                                            
10                           (ii) employment or alternative means of support;                                          
11                           (iii) treatment options;                                                                  
12                           (iv) counseling services;                                                                 
13                           (v) education or job training services;                                                   
14                      (B) any other requirements for successful transition back to                                   
15            the community, including electronic monitoring or furlough for the period                                
16            between a scheduled parole hearing and parole eligibility; and                                           
17                 (10) establish minimum standards for electronic monitoring for                                      
18       offenders and procedures for approving electronic monitoring programs                                         
19       provided by private contractors.                                                                              
20    * Sec. 130. AS 33.30.013(a) is amended to read:                                                                    
21            (a) The commissioner shall notify the victim if the offender                                                 
22                 (1) escapes from custody;                                                                       
23                 (2) is eligible for or receives a parole reduction under                                            
24       AS 33.16.210(d); or                                                                                           
25                 (3) is released to the community on a furlough, on an early release                                 
26       program, or for any other reason.                                                                               
27    * Sec. 131. 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. 132. AS 33.30.151 is amended to read:                                                                       
10            Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall                               
11       establish correctional restitution centers in the state. The purpose of the centers is to                         
12       provide certain offenders with rehabilitation through comprehensive treatment for                             
13       substance abuse, cognitive behavioral disorders, and other criminal risk factors,                             
14       including aftercare support, community service, and employment, while protecting                      
15       the community through partial incarceration of the offender, and to create a means to                             
16       provide restitution to victims of crimes.                                                                         
17            (b) The commissioner shall adopt regulations setting standards for the                                       
18       operation of the centers including                                                                                
19                 (1) requirements that the centers be secure and in compliance with state                                
20       and local safety laws;                                                                                            
21                 (2) standards for disciplinary rules to be imposed on prisoners confined                                
22       to the centers;                                                                                                   
23                 (3) standards for the granting of emergency absence to prisoners                                        
24       confined to the centers;                                                                                          
25                 (4) standards for classifying prisoners to centers;                                                     
26                 (5) standards for mandatory employment and participation in                                             
27       community service programs in each center; [AND]                                                                  
28                 (6) standards for periodic review of the performance of prisoners                                       
29       confined to the centers and quality assurance measures to ensure centers are                                  
30       meeting state standards and contractual obligations;                                                          
31                 (7) standards for the provision of treatment, including substance                                   
01       abuse treatment, cognitive behavioral therapy, and aftercare designed to address                              
02       an offender's individual criminogenic needs; and                                                              
03                 (8) standards and a process to assess an offender's risk of                                         
04       recidivating and the criminal risk factors and needs that reduce the risk of                                  
05       recidivating and ensure that                                                                                  
06                      (A) high risk offenders with moderate to high needs are a                                      
07            priority for acceptance into a correctional restitution center; and                                      
08                      (B) centers establish internal procedures to limit the mixing                                  
09            of low and high risk prisoners.                                                                          
10    * Sec. 133. AS 34.03.360(7) is amended to read:                                                                    
11                 (7) "illegal activity involving a controlled substance" means a violation                               
12       of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1)                         
13       OR (2)], or 11.71.040(a)(1), (2), or (5);                                                                         
14    * Sec. 134. AS 43.23.065(b) is amended to read:                                                                    
15            (b) An exemption is not available under this section for permanent fund                                      
16       dividends taken to satisfy                                                                                        
17                 (1) child support obligations required by court order or decision of the                                
18       child support services agency under AS 25.27.140 - 25.27.220;                                                     
19                 (2) court ordered restitution under AS 12.55.045 - 12.55.051,                                           
20       12.55.100, or AS 47.12.120(b)(4);                                                                                 
21                 (3) claims on defaulted education loans under AS 43.23.067;                                             
22                 (4) court ordered fines;                                                                                
23                 (5) writs of execution under AS 09.35 of a judgment that is entered                                     
24                      (A) against a minor in a civil action to recover damages and                                       
25            court costs;                                                                                                 
26                      (B) under AS 09.65.255 against the parent, parents, or legal                                       
27            guardian of an unemancipated minor;                                                                          
28                 (6) a debt owed by an eligible individual to an agency of the state,                                    
29       including the University of Alaska, unless the debt is contested and an appeal is                                 
30       pending, or the time limit for filing an appeal has not expired;                                                  
31                 (7) a debt owed to a person for a program for the rehabilitation of                                     
01       perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15),                               
02       AS 25.20.061(3), or AS 33.16.150(f)(2);                                                                           
03                 (8) a judgment for unpaid rent or damage owed to a landlord by an                                       
04       eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the                        
05       meaning given in AS 34.03.360;                                                                                
06                 (9) court-ordered forfeiture of an appearance or performance bond                                   
07       under AS 12.30.075.                                                                                           
08    * Sec. 135. AS 47.05 is amended by adding a new section to read:                                                   
09            Sec. 47.05.035. Disqualification from public assistance for felony drug                                    
10       offenses. (a) A person convicted during or in the five years preceding a period in                              
11       which the person is receiving public assistance under AS 47.25 of an offense under                                
12       AS 11.71.010 - 11.71.050, 11.71.060(a)(2)(B), or by the law of another jurisdiction                               
13       that has as an element the possession, use, or distribution of a controlled substance, as                         
14       defined in AS 11.71.900, is disqualified from receiving public assistance under this                              
15       title unless the person participates in a testing program implemented by the department                           
16       at least quarterly, on renewal of public assistance eligibility, and on a random basis for                        
17       the use of illegal controlled substances. A person subject to this section who tests                              
18       positive for the illegal use of controlled substances or who refuses to submit to a test                          
19       required under this section is disqualified from receiving public assistance for six                              
20       months following the date of notice that the person tested positive for the use of illegal                        
21       controlled substances or from the date the person refused to submit to a test required                            
22       under this section.                                                                                               
23            (b) The department shall adopt regulations to implement (a) of this section.                                 
24       The regulations adopted by the department must                                                                    
25                 (1) include an appeal process for a person disqualified under (a) of this                               
26       section; and                                                                                                      
27                 (2) provide that, where available, an alcohol safety action program                                     
28       approved under AS 47.37.130 shall perform the drug testing.                                                       
29            (c) In this section, "public assistance" means                                                               
30                 (1) a program that provides                                                                             
31                      (A) day care assistance under AS 47.25.001 - 47.25.095;                                            
01                      (B) general relief assistance under AS 47.25.120 - 300; or                                         
02                      (C) adult public assistance under AS 47.25.430 - 47.25.615;                                        
03                 (2) the Alaska affordable heating program under AS 47.25.621 -                                          
04       47.25.626; or                                                                                                     
05                 (3) the food stamp program under AS 47.25.975 - 47.25.990.                                              
06    * Sec. 136. AS 47.27.015 is amended by adding a new subsection to read:                                            
07            (i) A person convicted after August 22, 1996, of an offense that is classified as                            
08       a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has                            
09       as an element the possession, use, or distribution of a controlled substance, as defined                          
10       in AS 11.71.900, is disqualified from receiving temporary assistance under this                                   
11       chapter or food stamps under AS 47.25 unless the person demonstrates, to the                                      
12       satisfaction of the department, that the person                                                                   
13                 (1) is satisfactorily serving, or has successfully completed, a period of                               
14       probation or parole;                                                                                              
15                 (2) is in the process of serving, or has successfully completed,                                        
16       mandatory participation in a drug or alcohol treatment program;                                                   
17                 (3) has taken action toward rehabilitation, including participation in a                                
18       drug or alcohol treatment program; or                                                                             
19                 (4) is in compliance with AS 47.05.035.                                                                 
20    * Sec. 137. The uncodified law of the State of Alaska is amended by adding a new section                           
21 to read:                                                                                                                
22            DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal                                               
23       Procedure, is amended by adding new subsections to read:                                                          
24            (d) Hearing Notice. The court shall provide a notice to a defendant of the date,                           
25       time, and place of a scheduled hearing at which the defendant is required to appear in                            
26       a form and manner established by the court.                                                                       
27            (e) Hearing Reminder. In addition to the notice required under (d) of this rule,                           
28       the court shall provide a reminder notification to a defendant who is not in custody and                          
29       to the Department of Corrections at least 48 hours prior to a scheduled hearing at                                
30       which the defendant is required to appear regarding the date, time, and place of the                              
31       scheduled hearing and the potential consequences of failure to appear, in a form and                              
01       manner established by the court.                                                                                  
02    * Sec. 138. The uncodified law of the State of Alaska is amended by adding a new section                           
03 to read:                                                                                                                
04            DIRECT COURT RULE AMENDMENT. Rule 41, Alaska Rules of Criminal                                               
05       Procedure, is amended by adding a new subsection to read:                                                         
06            (j) Misdemeanor and Felony Bail Schedules. No bail schedule may be                                         
07       established for misdemeanors or felonies.                                                                         
08    * Sec. 139. The uncodified law of the State of Alaska is amended by adding a new section                           
09 to read:                                                                                                                
10       REPEAL OF COURT RULES. Rules 41(d) and (e), Alaska Rules of Criminal                                              
11 Procedure, are repealed.                                                                                                
12    * Sec. 140. AS 11.71.020, 11.71.040(a)(3), and 11.71.050(a)(2) are repealed.                                       
13    * Sec. 141. AS 47.27.015(i)(4) is repealed.                                                                        
14    * Sec. 142. The uncodified law of the State of Alaska is amended by adding a new section                           
15 to read:                                                                                                                
16       INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.006(h), enacted by sec. 39                                            
17 of this Act, has the effect of changing Rule 6, Alaska Rules of Criminal Procedure, by                                  
18 directing the court to arraign a person within 24 hours after arrest, and in no instance later                          
19 than 48 hours after the person's arrest.                                                                                
20       (b) AS 12.30.011, as amended by sec. 40 of this Act, and AS 12.30.011(e) - (i),                                   
21 enacted by sec. 41 of this Act, have the effect of changing Rule 41, Alaska Rules of Criminal                           
22 Procedure, by changing and establishing release conditions for certain defendants, providing                            
23 for recommendations by pretrial services officers of release conditions based on a pretrial risk                        
24 assessment score, providing that a court shall order the release of a person under certain                              
25 circumstances upon execution of an appearance or performance bond, and providing new                                    
26 procedures for use of appearance, surety, and performance bonds.                                                        
27       (c) AS 12.55.055(g), enacted by sec. 57 of this Act, has the effect of changing Rule                              
28 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the                            
29 judgment that community work hours that are not completed shall be converted to a fine as                               
30 provided in AS 12.55.055(h), added by sec. 57 of this Act.                                                              
31       (d) AS 12.55.078, enacted by sec. 58 of this Act, has the effect of changing Rule 43,                             
01 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court                               
02 may dismiss charges.                                                                                                    
03       (e) AS 12.55.135(s), enacted by sec. 72 of this Act, has the effect of changing Rule                              
04 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of                                       
05 aggravating factors.                                                                                                    
06       (f) AS 33.07, enacted by sec. 92 of this Act, has the effect of changing Rule 41,                                 
07 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures                           
08 and duties for pretrial services officers as officers of the superior and district courts, for the                      
09 purposes of performing risk assessments and making pretrial recommendations to the court                                
10 regarding a person's pretrial release and bail conditions.                                                              
11    * Sec. 143. The uncodified law of the State of Alaska is amended by adding a new section                           
12 to read:                                                                                                                
13       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
14 the effective date of those sections:                                                                                   
15            (1) AS 11.46.130(a), as amended by sec. 3 of this Act;                                                       
16            (2) AS 11.46.140(a), as amended by sec. 4 of this Act;                                                       
17            (3) AS 11.46.220(c), as amended by sec. 5 of this Act;                                                       
18            (4) AS 11.46.260(b), as amended by sec. 6 of this Act;                                                       
19            (5) AS 11.46.270(b), as amended by sec. 7 of this Act;                                                       
20            (6) AS 11.46.280(d), as amended by sec. 8 of this Act;                                                       
21            (7) AS 11.46.285(b), as amended by sec. 9 of this Act;                                                       
22            (8) AS 11.46.482(a), as amended by sec. 11 of this Act;                                                      
23            (9) AS 11.46.484(a), as amended by sec. 12 of this Act;                                                      
24            (10) AS 11.46.530(b), as amended by sec. 13 of this Act;                                                     
25            (11) AS 11.46.620(d), as amended by sec. 14 of this Act;                                                     
26            (12) AS 11.46.730(c), as amended by sec. 15 of this Act;                                                     
27            (13) AS 11.61.110(c), as amended by sec. 20 of this Act;                                                     
28            (14) AS 11.61.145(d), as amended by sec. 21 of this Act;                                                     
29            (15) AS 11.66.200(c), as amended by sec. 24 of this Act;                                                     
30            (16) AS 11.71.030(a), as amended by sec. 25 of this Act;                                                     
31            (17) AS 11.71.040(a), as amended by sec. 28 of this Act;                                                     
01            (18) AS 11.71.050(a), as amended by sec. 30 of this Act;                                                     
02            (19) AS 11.71.311(a), as amended by sec. 32 of this Act;                                                     
03            (20) AS 28.15.291(a), as repealed and reenacted by sec. 78 of this Act;                                      
04            (21) AS 28.15.291(b), as repealed and reenacted by sec. 79 of this Act;                                      
05            (22) AS 29.10.200(21), as amended by sec. 85 of this Act;                                                    
06            (23) AS 29.25.070(a), as amended by sec. 86 of this Act;                                                     
07            (24) AS 29.25.070(g), enacted by sec. 87 of this Act; and                                                    
08            (25) AS 47.27.015(i), enacted by sec. 136 of this Act.                                                       
09       (b) The following sections apply to offenses committed before, on, or after the                                   
10 effective date of those sections:                                                                                       
11            (1) AS 11.46.460, as amended by sec. 10 of this Act;                                                         
12            (2) AS 11.56.757(b), as amended by sec. 18 of this Act; and                                                  
13            (3) AS 11.61.150(c), as amended by sec. 23 of this Act.                                                      
14       (c) The following sections apply to offenses committed before, on, or after the                                   
15 effective date of those sections for contacts with peace officers occurring on or after the                             
16 effective date of those sections:                                                                                       
17            (1) AS 12.25.180, as amended by sec. 33 of this Act; and                                                     
18            (2) AS 12.25.190(b), as amended by sec. 35 of this Act.                                                      
19       (d) The following sections apply to sentences imposed on or after the effective date of                           
20 those sections for conduct occurring before, on, or after the effective date of those sections:                         
21            (1) AS 12.55.015(a), as amended by sec. 49 of this Act;                                                      
22            (2) AS 12.55.025(a), as amended by sec. 50 of this Act;                                                      
23            (3) AS 12.55.025(c), as amended by sec. 51 of this Act;                                                      
24            (4) AS 12.55.027(d), as amended by sec. 52 of this Act;                                                      
25            (5) AS 12.55.115, as amended by sec. 66 of this Act;                                                         
26            (6) AS 12.55.125(c), as amended by sec. 67 of this Act;                                                      
27            (7) AS 12.55.125(d), as amended by sec. 68 of this Act;                                                      
28            (8) AS 12.55.125(e), as amended by sec. 69 of this Act;                                                      
29            (9) AS 12.55.135(a), as amended by sec. 70 of this Act;                                                      
30            (10) AS 12.55.135(b), as amended by sec. 71 of this Act;                                                     
31            (11) AS 12.55.135(l) - (s), enacted by sec. 72 of this Act;                                                  
01            (12) AS 28.35.030(k), as amended by sec. 81 of this Act;                                                     
02            (13) AS 28.35.032(o), as amended by sec. 84 of this Act;                                                     
03            (14) AS 33.16.010(c), as amended by sec. 93 of this Act;                                                     
04            (15) AS 33.16.010(d), as amended by sec. 94 of this Act;                                                     
05            (16) AS 33.16.010(f), enacted by sec. 95 of this Act;                                                        
06            (17) AS 33.16.060(a), as amended by sec. 96 of this Act;                                                     
07            (18) AS 33.16.089, enacted by sec. 97 of this Act;                                                           
08            (19) AS 33.16.090(a), as amended by sec. 98 of this Act;                                                     
09            (20) AS 33.16.100(a), as amended by sec. 100 of this Act;                                                    
10            (21) AS 33.16.100(f), enacted by sec. 102 of this Act;                                                       
11            (22) AS 33.20.010(c), as amended by sec. 127 of this Act; and                                                
12            (23) AS 33.20.010(d), enacted by sec. 128 of this Act.                                                       
13       (e) AS 12.30.055(b), enacted by sec. 47 of this Act, applies to persons in custody for a                          
14 probation violation on or after the effective date of sec. 47 of this Act for a probation violation                     
15 that occurred before, on, or after the effective date of sec. 47 of this Act.                                           
16       (f) The following sections apply to community work service imposed on or after the                                
17 effective date of those sections for offenses committed on or after the effective date of those                         
18 sections:                                                                                                               
19            (1) AS 12.55.055(a), as amended by sec. 55 of this Act;                                                      
20            (2) AS 12.55.055(c), as amended by sec. 56 of this Act; and                                                  
21            (3) AS 12.55.055(g) and (h), enacted by sec. 57 of this Act.                                                 
22       (g) AS 12.55.078, enacted by sec. 58 of this Act, applies to prosecutions occurring on                            
23 or after the effective date of sec. 58 of this Act for offenses committed before, on, or after the                      
24 effective date of sec. 58 of this Act.                                                                                  
25       (h) The following sections apply to probation ordered on or after the effective date of                           
26 those sections for offenses committed before, on, or after the effective date of those sections:                        
27            (1) AS 12.55.051(a), as amended by sec. 53 of this Act;                                                      
28            (2) AS 12.55.090(b), as amended by sec. 59 of this Act;                                                      
29            (3) AS 12.55.090(c), as amended by sec. 60 of this Act;                                                      
30            (4) AS 12.55.090(f), as amended by sec. 61 of this Act;                                                      
31            (5) AS 12.55.090(g) - (l), enacted by sec. 62 of this Act;                                                   
01            (6) AS 12.55.100(a), as amended by sec. 63 of this Act;                                                      
02            (7) AS 12.55.110(c) - (g), enacted by sec. 65 of this Act;                                                   
03            (8) AS 33.05.025, enacted by sec. 89 of this Act; and                                                        
04            (9) AS 33.05.040, as amended by sec. 90 of this Act.                                                         
05       (i) The following sections apply to a revocation of a driver's license, privilege to drive,                       
06 or privilege to obtain a license occurring on or after the effective date of those sections for                         
07 conduct occurring before, on, or after the effective date of those sections:                                            
08            (1) AS 28.15.165(e), enacted by sec. 75 of this Act;                                                         
09            (2) AS 28.15.181(f), as amended by sec. 76 of this Act;                                                      
10            (3) AS 28.15.201(g) and (h), enacted by sec. 77 of this Act; and                                             
11            (4) AS 28.35.030(o), as amended by sec. 83 of this Act.                                                      
12       (j) The following sections apply to parole granted on or after the effective date of                              
13 those sections for conduct occurring before, on, or after the effective date of those sections:                         
14            (1) AS 33.16.100(b), as amended by sec. 101 of this Act;                                                     
15            (2) AS 33.16.130, as repealed and reenacted by sec. 108 of this Act;                                         
16            (3) AS 33.16.140, as amended by sec. 109 of this Act;                                                        
17            (4) AS 33.16.150(a), as amended by sec. 110 of this Act;                                                     
18            (5) AS 33.16.150(b), as amended by sec. 111 of this Act;                                                     
19            (6) AS 33.16.150(e), as amended by sec. 112 of this Act;                                                     
20            (7) AS 33.16.150(f), as amended by sec. 113 of this Act;                                                     
21            (8) AS 33.16.150(g), as amended by sec. 114 of this Act;                                                     
22            (9) AS 33.16.180, as amended by sec. 115 of this Act;                                                        
23            (10) AS 33.16.200, as amended by sec. 116 of this Act;                                                       
24            (11) AS 33.16.210, as amended by sec. 117 of this Act;                                                       
25            (12) AS 33.16.210(c) and (d), enacted by sec. 118 of this Act;                                               
26            (13) AS 33.16.215, enacted by sec. 119 of this Act;                                                          
27            (14) AS 33.16.220(b), as amended by sec. 120 of this Act;                                                    
28            (15) AS 33.16.220(f), as amended by sec. 121 of this Act;                                                    
29            (16) AS 33.16.220(i), as amended by sec. 122 of this Act;                                                    
30            (17) AS 33.16.220(j), enacted by sec. 123 of this Act;                                                       
31            (18) AS 33.16.240(e), as amended by sec. 124 of this Act; and                                                
01            (19) AS 33.16.240(h) and (i), enacted by sec. 125 of this Act.                                               
02       (k) AS 11.56.730(d), enacted by sec. 16 of this Act, and secs. 137 - 139 of this Act                              
03 apply to offenses committed on or after the effective date of secs. 16 and 137 - 139 of this                            
04 Act.                                                                                                                    
05       (l) The following sections apply to an offense committed on or after the effective date                           
06 of those sections:                                                                                                      
07            (1) AS 12.55.006(c), as amended by sec. 36 of this Act;                                                      
08            (2) AS 12.30.006(d), as amended by sec. 37 of this Act;                                                      
09            (3) AS 12.30.006(f), as amended by sec. 38 of this Act;                                                      
10            (4) AS 12.30.006(h), enacted by sec. 39 of this Act;                                                         
11            (5) AS 12.30.011, as amended by sec. 40 of this Act;                                                         
12            (6) AS 12.30.011(e) - (i), enacted by sec. 41 of this Act;                                                   
13            (7) AS 12.30.016(b), as amended by sec. 42 of this Act;                                                      
14            (8) AS 12.30.016(c), as amended by sec. 43 of this Act;                                                      
15            (9) AS 12.30.021(a), as amended by sec. 45 of this Act;                                                      
16            (10) AS 12.30.021(c), as amended by sec. 46 of this Act;                                                     
17            (11) AS 12.55.051(k), enacted by sec. 54 of this Act;                                                        
18            (12) AS 33.07, enacted by sec. 92 of this Act; and                                                           
19            (13) AS 43.23.065(b), as amended by sec. 134 of this Act.                                                    
20    * Sec. 144. The uncodified law of the State of Alaska is amended by adding a new section                           
21 to read:                                                                                                                
22       SEVERABILITY. Under AS 01.10.030, if AS 47.05.035, enacted by sec. 135 of this                                    
23 Act, or the application of it to any person or circumstances, is held invalid by a court of                             
24 competent jurisdiction, the remainder of this Act and the application to other persons or                               
25 circumstances are not affected.                                                                                         
26    * Sec. 145. The uncodified law of the State of Alaska is amended by adding a new section                           
27 to read:                                                                                                                
28       CONDITIONAL EFFECT. (a) AS 11.56.730(d), enacted by sec. 16 of this Act, takes                                    
29 effect only if sec. 137 of this Act receives the two-thirds majority vote of each house required                        
30 by art. IV, sec. 15, Constitution of the State of Alaska.                                                               
31       (b) AS 12.30.006(h), added by sec. 39 of this Act, takes effect only if sec. 142(a) of                            
01 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
02 Constitution of the State of Alaska.                                                                                    
03       (c) AS 12.30.011, as amended by sec. 40 of this Act, takes effect only if sec. 142(b) 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       (d) AS 12.30.011(e) - (i), added by sec. 41 of this Act, take effect only if sec. 142(b)                          
07 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                           
08 Constitution of the State of Alaska.                                                                                    
09       (e) AS 12.55.055(g), enacted by sec. 57 of this Act, takes effect only if sec. 142(c) of                          
10 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
11 Constitution of the State of Alaska.                                                                                    
12       (f) AS 12.55.078, enacted by sec. 58 of this Act, takes effect only if sec. 142(d) of this                        
13 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                                   
14 Constitution of the State of Alaska.                                                                                    
15       (g) AS 12.55.135(s), enacted by sec. 72 of this Act, takes effect only if sec. 142(e) of                          
16 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
17 Constitution of the State of Alaska.                                                                                    
18       (h) AS 33.07, added by sec. 92 of this Act, takes effect only if sec. 142(f) of this Act                          
19 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                          
20 of the State of Alaska.                                                                                                 
21    * Sec. 146. The uncodified law of the State of Alaska is amended by adding a new section                           
22 to read:                                                                                                                
23       CONDITIONAL EFFECT; NOTIFICATION. (a) Section 141 of this Act takes effect                                        
24 only if, before January 1, 2027, a court has entered a final judgment that AS 47.05.035,                                
25 enacted by sec. 135 of this Act, is unconstitutional, and                                                               
26            (1) the time for appeal has expired; or                                                                      
27            (2) if an appeal was taken, a final order on the appeal has been entered that                                
28 AS 47.05.035, enacted by sec. 135 of this Act, is unconstitutional.                                                     
29 (b) The commissioner of health and social services shall notify the revisor of statutes if,                             
30 before January 1, 2027, a court enters a final judgment that AS 47.05.035, enacted by sec. 135                          
31 of this Act, is unconstitutional, and the time for appeal has expired or a final order on the                           
01 appeal has been entered.                                                                                                
02    * Sec. 147. Sections 36 - 46, 54, 92, and 134 of this Act take effect July 1, 2017.                                
03    * Sec. 148. If AS 11.56.730(d), enacted by sec. 16 of this Act, and sec. 137 of this Act take                      
04 effect, they take effect January 1, 2018.                                                                               
05    * Sec. 149. Sections 138 and 139 of this Act take effect January 1, 2018.                                          
06    * Sec. 150. If sec. 141 of this Act takes effect under sec. 146, it takes effect on the day after                  
07 the date that the revisor of statutes receives notice from the commissioner of health and social                        
08 services under sec. 146 of this Act.