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CSSSSB 91(JUD): "An Act relating to criminal law and procedure; relating to controlled substances; relating to immunity from prosecution for the crime of prostitution; 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 Alaska Criminal Justice Commission; relating to the disqualification of persons convicted of specified drug offenses from participation in the food stamp and temporary assistance programs and other public assistance programs; 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(JUD)                                                         
01 "An Act relating to criminal law and procedure; relating to controlled substances;                                      
02 relating to immunity from prosecution for the crime of prostitution; relating to                                        
03 probation; relating to sentencing; establishing a pretrial services program with pretrial                               
04 services officers in the Department of Corrections; relating to permanent fund                                          
05 dividends; relating to electronic monitoring; relating to penalties for violations of                                   
06 municipal ordinances; relating to parole; relating to correctional restitution centers;                                 
07 relating to community work service; relating to revocation, termination, suspension,                                    
08 cancellation, or restoration of a driver's license; relating to the Alaska Criminal Justice                             
09 Commission; relating to the disqualification of persons convicted of specified drug                                     
10 offenses from participation in the food stamp and temporary assistance programs and                                     
11 other public assistance programs; relating to the duties of the commissioner of                                         
12 corrections; amending Rules 6, 32, 32.1, 38, 41, and 43, Alaska Rules of Criminal                                       
01 Procedure, and repealing Rules 41(d) and (e), Alaska Rules of Criminal Procedure; and                                   
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.41.110(a) is amended to read:                                                                   
05            (a)  A person commits the crime of murder in the second degree if                                            
06                 (1)  with intent to cause serious physical injury to another person or                                  
07       knowing that the conduct is substantially certain to cause death or serious physical                              
08       injury to another person, the person causes the death of any person;                                              
09                 (2)  the person knowingly engages in conduct that results in the death                                  
10       of another person under circumstances manifesting an extreme indifference to the                                  
11       value of human life;                                                                                              
12                 (3)  under circumstances not amounting to murder in the first degree                                    
13       under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                              
14       person commits or attempts to commit arson in the first degree, kidnapping, sexual                                
15       assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                         
16       in the first degree, sexual abuse of a minor in the second degree, burglary in the first                          
17       degree, escape in the first or second degree, robbery in any degree, or misconduct                                
18       involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) -                        
19       (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course                      
20       of or in furtherance of that crime or in immediate flight from that crime, any person                             
21       causes the death of a person other than one of the participants;                                                  
22                 (4)  acting with a criminal street gang, the person commits or attempts                                 
23       to commit a crime that is a felony and, in the course of or in furtherance of that crime                          
24       or in immediate flight from that crime, any person causes the death of a person other                             
25       than one of the participants; or                                                                                  
26                 (5)  the person with criminal negligence causes the death of a child                                    
27       under the age of 16, and the person has been previously convicted of a crime involving                            
28       a child under the age of 16 that was                                                                              
29                      (A)  a felony violation of AS 11.41;                                                               
30                      (B)  in violation of a law or ordinance in another jurisdiction                                    
01            with elements similar to a felony under AS 11.41; or                                                         
02                      (C)  an attempt, a solicitation, or a conspiracy to commit a                                       
03            crime listed in (A) or (B) of this paragraph.                                                                
04    * Sec. 2. AS 11.41.150(a) is amended to read:                                                                      
05            (a)  A person commits the crime of murder of an unborn child if the person                                   
06                 (1)  with intent to cause the death of an unborn child or of another                                    
07       person, causes the death of an unborn child;                                                                      
08                 (2)  with intent to cause serious physical injury to an unborn child or to                              
09       another person or knowing that the conduct is substantially certain to cause death or                             
10       serious physical injury to an unborn child or to another person, causes the death of an                           
11       unborn child;                                                                                                     
12                 (3)  while acting alone or with one or more persons, commits or                                         
13       attempts to commit arson in the first degree, kidnapping, sexual assault in the first                             
14       degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                         
15       sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                         
16       first or second degree, robbery in any degree, or misconduct involving a controlled                               
17       substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a),                            
18       11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in                                   
19       furtherance of that crime or in immediate flight from that crime, any person causes the                           
20       death of an unborn child;                                                                                         
21                 (4)  knowingly engages in conduct that results in the death of an unborn                                
22       child under circumstances manifesting an extreme indifference to the value of human                               
23       life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                  
24       relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                 
25       does not constitute conduct manifesting an extreme indifference to the value of human                             
26       life.                                                                                                             
27    * Sec. 3. AS 11.46.130(a) is amended to read:                                                                      
28            (a)  A person commits the crime of theft in the second degree if the person                                  
29       commits theft as defined in AS 11.46.100 and                                                                      
30                 (1)  the value of the property or services is $2,000 [$750] or more but                             
31       less than $25,000;                                                                                                
01                 (2)  the property is a firearm or explosive;                                                            
02                 (3)  the property is taken from the person of another;                                                  
03                 (4)  the property is taken from a vessel and is vessel safety or survival                               
04       equipment;                                                                                                        
05                 (5)  the property is taken from an aircraft and the property is aircraft                                
06       safety or survival equipment;                                                                                     
07                 (6)  the value of the property is $250 or more but less than $2,000                                 
08       [$750] and, within the preceding five years, the person has been convicted and                                    
09       sentenced on two or more separate occasions in this or another jurisdiction of                                    
10                      (A)  an offense under AS 11.46.120, or an offense under                                            
11            another law or ordinance with similar elements;                                                              
12                      (B)  a crime set out in this subsection or an offense under                                        
13            another law or ordinance with similar elements;                                                              
14                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
15            another law or ordinance with similar elements; or                                                           
16                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
17            offense under another law or ordinance with similar elements; or                                             
18                 (7)  the property is an access device.                                                                  
19    * Sec. 4. AS 11.46.140(a) is amended to read:                                                                      
20            (a)  A person commits the crime of theft in the third degree if the person                                   
21       commits theft as defined in AS 11.46.100 and                                                                      
22                 (1)  the value of the property or services is $250 or more but less than                                
23       $2,000 [$750]; or                                                                                             
24                 (2)  [REPEALED]                                                                                         
25                 (3)  the value of the property is less than $250 and, within the past five                              
26       years, the person has been convicted and sentenced on two or more separate occasions                              
27       in this or another jurisdiction of theft or concealment of merchandise, or an offense                             
28       under another law or ordinance with similar elements.                                                             
29    * Sec. 5. AS 11.46.220(c) is amended to read:                                                                      
30            (c)  Concealment of merchandise is                                                                           
31                 (1)  a class C felony if                                                                                
01                      (A)  the merchandise is a firearm;                                                                 
02                      (B)  the value of the merchandise is $2,000 [$750] or more; or                                 
03                      (C)  the value of the merchandise is $250 or more but less than                                    
04            $2,000 [$750] and, within the preceding five years, the person has been                                  
05            convicted and sentenced on two or more separate occasions in this or another                                 
06            jurisdiction of                                                                                              
07                           (i)  the offense of concealment of merchandise under                                          
08                 this paragraph or (2)(A) of this subsection, or an offense under another                                
09                 law or ordinance with similar elements; or                                                              
10                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
11                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
12                 similar elements;                                                                                       
13                 (2)  a class A misdemeanor if                                                                           
14                      (A)  the value of the merchandise is $250 or more but less than                                    
15            $2,000 [$750]; or                                                                                        
16                      (B)  the value of the merchandise is less than $250 and, within                                    
17            the preceding five years, the person has been convicted and sentenced on two                                 
18            or more separate occasions of the offense of concealment of merchandise or                                   
19            theft in any degree, or an offense under another law or ordinance with similar                               
20            elements;                                                                                                    
21                 (3)  a class B misdemeanor if the value of the merchandise is less than                                 
22       $250.                                                                                                             
23    * Sec. 6. AS 11.46.260(b) is amended to read:                                                                      
24            (b)  Removal of identification marks is                                                                      
25                 (1)  a class C felony if the value of the property on which the serial                                  
26       number or identification mark appeared is $2,000 [$750] or more;                                              
27                 (2)  a class A misdemeanor if the value of the property on which the                                    
28       serial number or identification mark appeared is $250 or more but less than $2,000                            
29       [$750];                                                                                                           
30                 (3)  a class B misdemeanor if the value of the property on which the                                    
31       serial number or identification mark appeared is less than $250.                                                  
01    * Sec. 7. AS 11.46.270(b) is amended to read:                                                                      
02            (b)  Unlawful possession is                                                                                  
03                 (1)  a class C felony if the value of the property on which the serial                                  
04       number or identification mark appeared is $2,000 [$750] or more;                                              
05                 (2)  a class A misdemeanor if the value of the property on which the                                    
06       serial number or identification mark appeared is $250 or more but less than $2,000                            
07       [$750];                                                                                                           
08                 (3)  a class B misdemeanor if the value of the property on which the                                    
09       serial number or identification mark appeared is less than $250.                                                  
10    * Sec. 8. AS 11.46.280(d) is amended to read:                                                                      
11            (d)  Issuing a bad check is                                                                                  
12                 (1)  a class B felony if the face amount of the check is $25,000 or more;                               
13                 (2)  a class C felony if the face amount of the check is $2,000 [$750] or                           
14       more but less than $25,000;                                                                                       
15                 (3)  a class A misdemeanor if the face amount of the check is $250 or                                   
16       more but less than $2,000 [$750];                                                                             
17                 (4)  a class B misdemeanor if the face amount of the check is less than                                 
18       $250.                                                                                                             
19    * Sec. 9. AS 11.46.285(b) is amended to read:                                                                      
20            (b)  Fraudulent use of an access device is                                                                   
21                 (1)  a class B felony if the value of the property or services obtained is                              
22       $25,000 or more;                                                                                                  
23                 (2)  a class C felony if the value of the property or services obtained is                              
24       $50 [$750] or more but less than $25,000;                                                                     
25                 (3)  a class A misdemeanor if the value of the property or services                                     
26       obtained is less than $50 [$750].                                                                             
27    * Sec. 10. AS 11.46.295 is amended to read:                                                                        
28            Sec. 11.46.295. Prior convictions. For purposes of considering prior                                       
29       convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR                                          
30       11.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under                                 
31       AS 11.46.220(c),                                                                                                  
01                 (1)  a conviction for an offense under another law or ordinance with                                    
02       similar elements is a conviction of an offense having elements similar to those of an                             
03       offense defined as such under Alaska law at the time the offense was committed;                                   
04                 (2)  a conviction for an offense under Alaska law where the value of the                                
05       property or services for the offense was lower than the value of property or services                             
06       for the offense under current Alaska law is a prior conviction for that offense; and                              
07                 (3)  the court shall consider the date of a prior conviction as occurring                               
08       on the date that sentence is imposed for the prior offense.                                                       
09    * Sec. 11. AS 11.46.460 is amended to read:                                                                        
10            Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits                                   
11       the offense [CRIME] of disregard of a highway obstruction if, without the right to do                         
12       so or a reasonable ground to believe the person has the right, the person                                         
13                 (1)  drives a vehicle through, over, or around an obstruction erected on                            
14       [UPON] a highway under authority of AS 19.10.100; or                                                              
15                 (2)  opens an obstruction erected on [UPON] a highway under authority                               
16       of AS 19.10.100.                                                                                                  
17            (b)  Violation of this section is a violation punishable by a fine of not more                           
18       than $1,000 [CLASS B MISDEMEANOR].                                                                            
19    * Sec. 12. AS 11.46.482(a) is amended to read:                                                                     
20            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
21       having no right to do so or any reasonable ground to believe the person has such a                                
22       right,                                                                                                            
23                 (1)  with intent to damage property of another, the person damages                                      
24       property of another in an amount of $2,000 [$750] or more;                                                    
25                 (2)  the person recklessly creates a risk of damage in an amount                                        
26       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
27                 (3)  the person knowingly                                                                               
28                      (A)  defaces, damages, or desecrates a cemetery or the contents                                    
29            of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                  
30            grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                 
31            memorial appears to be abandoned, lost, or neglected;                                                        
01                      (B)  removes human remains or associated burial artifacts from                                     
02            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
03            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
04    * Sec. 13. AS 11.46.484(a) is amended to read:                                                                     
05            (a)  A person commits the crime of criminal mischief in the fourth degree if,                                
06       having no right to do so or any reasonable ground to believe the person has such a                                
07       right                                                                                                             
08                 (1)  with intent to damage property of another, the person damages                                      
09       property of another in an amount of $250 or more but less than $2,000 [$750];                                 
10                 (2)  the person tampers with a fire protection device in a building that is                             
11       a public place;                                                                                                   
12                 (3)  the person knowingly accesses a computer, computer system,                                         
13       computer program, computer network, or part of a computer system or network;                                      
14                 (4)  the person uses a device to descramble an electronic signal that has                               
15       been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                
16       device is used only to descramble signals received directly from a satellite or unless                            
17       the person owned the device before September 18, 1984; or                                                         
18                 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                
19       shoots at, destroys, or otherwise tampers with an official traffic control device or                              
20       damages the work on [UPON] a highway under construction.                                                      
21    * Sec. 14. AS 11.46.530(b) is amended to read:                                                                     
22            (b)  Criminal simulation is                                                                                  
23                 (1)  a class C felony if the value of what the object purports to represent                             
24       is $2,000 [$750] or more;                                                                                     
25                 (2)  a class A misdemeanor if the value of what the object purports to                                  
26       represent is $250 or more but less than $2,000 [$750];                                                        
27                 (3)  a class B misdemeanor if the value of what the object purports to                                  
28       represent is less than $250.                                                                                      
29    * Sec. 15. AS 11.46.620(d) is amended to read:                                                                     
30            (d)  Misapplication of property is                                                                           
31                 (1)  a class C felony if the value of the property misapplied is $2,000                             
01       [$750] or more;                                                                                                   
02                 (2)  a class A misdemeanor if the value of the property misapplied is                                   
03       less than $2,000 [$750].                                                                                      
04    * Sec. 16. AS 11.46.730(c) is amended to read:                                                                     
05            (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                
06       judgment creditor, or creditor incurs a pecuniary loss of $2,000 [$750] or more as a                          
07       result of [TO] the defendant's conduct, in which case defrauding secured creditors is                         
08                 (1)  a class B felony if the loss is $25,000 or more;                                                   
09                 (2)  a class C felony if the loss is $2,000 [$750] or more but less than                            
10       $25,000.                                                                                                          
11    * Sec. 17. AS 11.56.730 is amended by adding a new subsection to read:                                             
12            (d)  In a prosecution for failure to appear under (a) of this section, it is not a                           
13       defense that the defendant did not receive a reminder notification from a court or                                
14       judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure.                                            
15    * Sec. 18. AS 11.56.757(a) is amended to read:                                                                     
16            (a)  A person commits the offense [CRIME] of violation of condition of                                   
17       release if the person                                                                                             
18                 (1)  has been charged with a crime or convicted of a crime;                                             
19                 (2)  has been released under AS 12.30; and                                                              
20                 (3)  violates a condition of release imposed by a judicial officer under                                
21       AS 12.30, other than the requirement to appear as ordered by a judicial officer.                                  
22    * Sec. 19. AS 11.56.757(b) is amended to read:                                                                     
23            (b)  Violation of condition of release is a violation punishable by a fine of up                         
24       to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED                                                
25       FROM A CHARGE OR CONVICTION OF A FELONY;                                                                          
26                 (2)  A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED                                                    
27       FROM A CHARGE OR CONVICTION OF A MISDEMEANOR].                                                                    
28    * Sec. 20. AS 11.56.759(a) is amended to read:                                                                     
29            (a)  A person commits the crime of violation by sex offender of condition of                                 
30       probation if the person                                                                                           
31                 (1)  is on probation for conviction of a sex offense;                                                   
01                 (2)  has served the entire term of incarceration imposed for conviction                                 
02       of the sex offense; and                                                                                           
03                 (3)  violates a condition of probation imposed under                                                    
04       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),                       
05       or any other condition imposed by the court that the court finds to be specifically                               
06       related to the defendant's offense.                                                                               
07    * Sec. 21. AS 11.61.110(c) is amended to read:                                                                     
08            (c)  Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS                                       
09       AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT,                                                    
10       IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 10                                                      
11       DAYS].                                                                                                            
12    * Sec. 22. AS 11.61.145(d) is amended to read:                                                                     
13            (d)  Promoting an exhibition of fighting animals                                                             
14                 (1)  under (a)(1) or (2) of this section is a class C felony;                                           
15                 (2)  under (a)(3) of this section is                                                                    
16                      (A)  a violation                                                                               
17                           (i)  for the first offense;                                                           
18                           (ii)  punishable by a fine of not more than $1,000 [, A                                   
19                 CLASS B MISDEMEANOR] for the second offense; [,] and                                                
20                      (B)  a class A misdemeanor for the third and each subsequent                                   
21            offense.                                                                                                     
22    * Sec. 23. AS 11.61.150(a) is amended to read:                                                                     
23            (a)  A person commits the offense [CRIME] of obstruction of highways if the                              
24       person knowingly                                                                                                  
25                 (1)  places, drops, or permits to drop on a highway any substance that                                  
26       creates a substantial risk of physical injury to others using the highway; or                                     
27                 (2)  renders a highway impassable or passable only with unreasonable                                    
28       inconvenience or hazard.                                                                                          
29    * Sec. 24. AS 11.61.150(c) is amended to read:                                                                     
30            (c)  Obstruction of highways is a violation punishable by a fine of not more                             
31       than $1,000 [CLASS B MISDEMEANOR].                                                                            
01    * Sec. 25. AS 11.66.100 is amended by adding a new subsection to read:                                             
02            (e)  A person may not be prosecuted under (a)(1) of this section if the                                      
03                 (1)  person witnessed or was a victim of, and reported to law                                           
04       enforcement in good faith, one or more of the following crimes:                                                   
05                      (A)  murder in the first degree under AS 11.41.100;                                                
06                      (B)  murder in the second degree under AS 11.41.110;                                               
07                      (C)  manslaughter under AS 11.41.120;                                                              
08                      (D)  criminally negligent homicide under AS 11.41.130;                                             
09                      (E)  assault in the first degree under AS 11.41.200;                                               
10                      (F)  assault in the second degree under AS 11.41.210;                                              
11                      (G)  assault in the third degree under AS 11.41.220;                                               
12                      (H)  assault in the fourth degree under AS 11.41.230;                                              
13                      (I)  sexual assault in the first degree under AS 11.41.410;                                        
14                      (J)  sexual assault in the second degree under AS 11.41.420;                                       
15                      (K)  sexual assault in the third degree under AS 11.41.425;                                        
16                      (L)  sexual assault in the fourth degree under AS 11.41.427;                                       
17                      (M)  sex trafficking in the first degree under AS 11.66.110;                                       
18                      (N)  sex trafficking in the second degree under AS 11.66.120;                                      
19                      (O)  sex trafficking in the third degree under AS 11.66.130; or                                    
20                      (P)  sex trafficking in the fourth degree under AS 11.66.135;                                      
21                 (2)  evidence supporting the prosecution under (a)(1) of this section                                   
22       was obtained or discovered as a result of the person reporting the crime to law                                   
23       enforcement; and                                                                                                  
24                 (3)  person cooperated with law enforcement personnel.                                                  
25    * Sec. 26. AS 11.66.200(c) is amended to read:                                                                     
26            (c)  Gambling is a violation                                                                                 
27                 (1)  for the first offense;                                                                     
28                 (2)  punishable by a fine of not more than $1,000 [. GAMBLING IS                                    
29       A CLASS B MISDEMEANOR] for the second and each subsequent offense.                                                
30    * Sec. 27. AS 11.71.030(a) is amended to read:                                                                     
31            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
01       misconduct involving a controlled substance in the second [THIRD] degree if the                               
02       person                                                                                                            
03                 (1)  under circumstances not proscribed under (4) - (8) of this                                     
04       subsection [AS 11.71.020(a)(2) - (6)], manufactures or delivers 2.5 grams or more                         
05       [ANY AMOUNT] of a schedule IA, IIA, or IIIA controlled substance or possesses 2.5                     
06       grams or more [ANY AMOUNT] of a schedule IA, IIA, or IIIA controlled substance                        
07       with intent to manufacture or deliver;                                                                            
08                 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                       
09       substance to a person under 19 years of age who is at least three years younger than                              
10       the person delivering the substance; [OR]                                                                         
11                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
12                      (A)  with reckless disregard that the possession occurs                                            
13                           (i)  on or within 500 feet of school grounds; or                                              
14                           (ii)  at or within 500 feet of a recreation or youth center;                                  
15                 or                                                                                                      
16                      (B)  on a school bus;                                                                          
17                 (4)  manufactures any material, compound, mixture, or                                               
18       preparation that contains                                                                                     
19                      (A)  methamphetamine, or its salts, isomers, or salts of                                       
20            isomers; or                                                                                              
21                      (B)  an immediate precursor of methamphetamine, or its                                         
22            salts, isomers, or salts of isomers;                                                                     
23                 (5)  possesses an immediate precursor of methamphetamine, or the                                    
24       salts, isomers, or salts of isomers of the immediate precursor of                                             
25       methamphetamine, with the intent to manufacture any material, compound,                                       
26       mixture, or preparation that contains methamphetamine, or its salts, isomers, or                              
27       salts of isomers;                                                                                             
28                 (6)  possesses a listed chemical with intent to manufacture any                                     
29       material, compound, mixture, or preparation that contains                                                     
30                      (A)  methamphetamine, or its salts, isomers, or salts of                                       
31            isomers; or                                                                                              
01                      (B)  an immediate precursor of methamphetamine, or its                                         
02            salts, isomers, or salts of isomers;                                                                     
03                 (7)  possesses methamphetamine in an organic solution with intent                                   
04       to extract from it methamphetamine or its salts, isomers, or salts of isomers; or                             
05                 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                   
06       delivers                                                                                                      
07                      (A)  an immediate precursor of methamphetamine, or the                                         
08            salts, isomers, or salts of isomers of the immediate precursor of                                        
09            methamphetamine, to another person with reckless disregard that the                                      
10            precursor will be used to manufacture any material, compound, mixture,                                   
11            or preparation that contains methamphetamine, or its salts, isomers, or                                  
12            salts of isomers; or                                                                                     
13                      (B)  a listed chemical to another person with reckless                                         
14            disregard that the listed chemical will be used to manufacture any                                       
15            material, compound, mixture, or preparation that contains                                                
16                           (i)  methamphetamine, or its salts, isomers, or salts of                                  
17                 isomers;                                                                                            
18                           (ii)  an immediate precursor of methamphetamine, or                                       
19                 its salts, isomers, or salts of isomers; or                                                         
20                           (iii)  methamphetamine or its salts, isomers, or salts                                    
21                 of isomers in an organic solution.                                                                  
22    * Sec. 28. AS 11.71.030(c) is amended to read:                                                                     
23            (c)  Misconduct involving a controlled substance in the second [THIRD]                                   
24       degree is a class B felony.                                                                                       
25    * Sec. 29. AS 11.71.030 is amended by adding new subsections to read:                                              
26            (d)  In a prosecution under (a) of this section, possession of more than six                                 
27       grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                 
28       the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                           
29       the person intended to use the listed chemicals to manufacture, aid or abet another                               
30       person to manufacture, or deliver to another person who intends to manufacture                                    
31       methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                             
01       of methamphetamine or its immediate precursors. The prima facie evidence described                                
02       in this subsection does not apply to a person who possesses                                                       
03                 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                   
04       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
05                      (A)  and the listed chemical was dispensed to the person under a                                   
06            valid prescription; or                                                                                       
07                      (B)  in the ordinary course of a legitimate business, or an                                        
08            employee of a legitimate business, as a                                                                      
09                           (i)  retailer or wholesaler;                                                                  
10                           (ii)  wholesale drug distributor licensed by the Board of                                     
11                 Pharmacy;                                                                                               
12                           (iii)  manufacturer of drug products licensed by the                                          
13                 Board of Pharmacy;                                                                                      
14                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
15                           (v)  health care professional licensed by the state; or                                       
16                 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                  
17       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                               
18       kept in a locked storage area on the premises of a legitimate business or nonprofit                               
19       organization operating a camp, lodge, school, day care center, treatment center, or                               
20       other organized group activity, and the location or nature of the activity, or the age of                         
21       the participants, makes it impractical for the participants in the activity to obtain                             
22       medicinal products.                                                                                               
23            (e)  In this section, "listed chemical" means a chemical described under                                     
24       AS 11.71.200.                                                                                                     
25    * Sec. 30. AS 11.71.040(a) is amended to read:                                                                     
26            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
27       misconduct involving a controlled substance in the third [FOURTH] degree if the                               
28       person                                                                                                            
29                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
30       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
31       substance with intent to manufacture or deliver;                                                                  
01                 (2)  manufactures or delivers, or possesses with the intent to                                          
02       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
03       of an aggregate weight of one ounce or more containing a schedule VIA controlled                                  
04       substance;                                                                                                        
05                 (3)  possesses                                                                                          
06                      (A)  any amount of a                                                                               
07                           (i)  schedule IA controlled substance; or                                                     
08                           (ii)  IIA controlled substance except a controlled                                            
09                 substance listed in AS 11.71.150(e)(11) - (15);                                                         
10                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
11            schedule IIIA or IVA controlled substance;                                                                   
12                      (C)  one or more preparations, compounds, mixtures, or                                             
13            substances of an aggregate weight of                                                                         
14                           (i)  three grams or more containing a schedule IIIA or                                        
15                 IVA controlled substance except a controlled substance in a form listed                                 
16                 in (ii) of this subparagraph;                                                                           
17                           (ii)  12 grams or more containing a schedule IIIA                                             
18                 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                  
19                 sprayed on or otherwise applied to tobacco, an herb, or another organic                                 
20                 material; or                                                                                            
21                           (iii)  500 milligrams or more of a schedule IIA                                               
22                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
23                      (D)  50 or more tablets, ampules, or syrettes containing a                                         
24            schedule VA controlled substance;                                                                            
25                      (E)  one or more preparations, compounds, mixtures, or                                             
26            substances of an aggregate weight of six grams or more containing a schedule                                 
27            VA controlled substance;                                                                                     
28                      (F)  one or more preparations, compounds, mixtures, or                                             
29            substances of an aggregate weight of four ounces or more containing a                                        
30            schedule VIA controlled substance; or                                                                        
31                      (G)  25 or more plants of the genus cannabis;                                                      
01                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
02                      (A)  with reckless disregard that the possession occurs                                            
03                           (i)  on or within 500 feet of school grounds; or                                              
04                           (ii)  at or within 500 feet of a recreation or youth center;                                  
05                 or                                                                                                      
06                      (B)  on a school bus;                                                                              
07                 (5)  knowingly keeps or maintains any store, shop, warehouse,                                           
08       dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                         
09       keeping or distributing controlled substances in violation of a felony offense under this                         
10       chapter or AS 17.30;                                                                                              
11                 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                 
12       thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                          
13       mark, imprint, or device of another or any likeness of any of these on [UPON] a drug,                         
14       drug container, or labeling so as to render the drug a counterfeit substance;                                     
15                 (7)  knowingly uses in the course of the manufacture or distribution of a                               
16       controlled substance a registration number that is fictitious, revoked, suspended, or                             
17       issued to another person;                                                                                         
18                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
19       material information from any application, report, record, or other document required                             
20       to be kept or filed under AS 17.30;                                                                               
21                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
22       fraud, forgery, deception, or subterfuge; [OR]                                                                    
23                 (10)  affixes a false or forged label to a package or other container                                   
24       containing any controlled substance; or                                                                       
25                 (11)  manufactures or delivers less than 2.5 grams of a schedule IA,                                
26       IIA, or IIIA controlled substance or possesses less than 2.5 grams of a schedule                              
27       IA, IIA, or IIIA controlled substance with intent to manufacture or deliver.                                  
28    * Sec. 31. AS 11.71.040(d) is amended to read:                                                                     
29            (d)  Misconduct involving a controlled substance in the third [FOURTH]                                   
30       degree is a class C felony.                                                                                       
31    * Sec. 32. AS 11.71.050 is amended to read:                                                                        
01            Sec. 11.71.050. Misconduct involving a controlled substance in the fourth                                
02       [FIFTH] degree. (a)  Except as authorized in AS 17.30, a person commits the crime                               
03       of misconduct involving a controlled substance in the fourth [FIFTH] degree if the                            
04       person                                                                                                            
05                 (1)  manufactures or delivers, or possesses with the intent to                                          
06       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
07       of an aggregate weight of less than one ounce containing a schedule VIA controlled                                
08       substance;                                                                                                        
09                 (2)  possesses                                                                                          
10                      (A)  less than 25 tablets, ampules, or syrettes containing a                                       
11            schedule IIIA or IVA controlled substance;                                                                   
12                      (B)  one or more preparations, compounds, mixtures, or                                             
13            substances of an aggregate weight of less than                                                               
14                           (i)  three grams containing a schedule IIIA or IVA                                            
15                 controlled substance except a controlled substance in a form listed in                                  
16                 (ii) of this subparagraph;                                                                              
17                           (ii)  12 grams but more than six grams containing a                                           
18                 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16)                                  
19                 that has been sprayed on or otherwise applied to tobacco, an herb, or                                   
20                 another organic material; or                                                                            
21                           (iii)  500 milligrams containing a schedule IIA                                               
22                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
23                      (C)  less than 50 tablets, ampules, or syrettes containing a                                       
24            schedule VA controlled substance;                                                                            
25                      (D)  one or more preparations, compounds, mixtures, or                                             
26            substances of an aggregate weight of less than six grams containing a schedule                               
27            VA controlled substance; or                                                                                  
28                      (E)  one or more preparations, compounds, mixtures, or                                             
29            substances of an aggregate weight of one ounce or more containing a schedule                                 
30            VIA controlled substance; [OR]                                                                               
31                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
01       statement, invoice, or information required under AS 17.30; or                                                
02                 (4)  under circumstances not proscribed under                                                       
03       AS 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA,                                 
04       VA, or VIA controlled substance.                                                                              
05            (b)  Misconduct involving a controlled substance in the fourth [FIFTH] degree                            
06       is a class A misdemeanor.                                                                                         
07    * Sec. 33. AS 11.71.060 is amended to read:                                                                        
08            Sec. 11.71.060. Misconduct involving a controlled substance in the fifth                                 
09       [SIXTH] degree. (a)  Except as authorized in AS 17.30, a person commits the crime                               
10       of misconduct involving a controlled substance in the fifth [SIXTH] degree if the                             
11       person                                                                                                            
12                 (1)  uses or displays any amount of a schedule VIA controlled                                           
13       substance;                                                                                                        
14                 (2)  possesses one or more preparations, compounds, mixtures, or                                        
15       substances of an aggregate weight of                                                                              
16                      (A)  less than one ounce containing a schedule VIA controlled                                      
17            substance;                                                                                                   
18                      (B)  six grams or less containing a schedule IIIA controlled                                       
19            substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                    
20            otherwise applied to tobacco, an herb, or another organic material; or                                       
21                 (3)  refuses entry into a premise for an inspection authorized under                                    
22       AS 17.30.                                                                                                         
23            (b)  Misconduct involving a controlled substance in the fifth [SIXTH] degree                             
24       is a class B misdemeanor.                                                                                         
25    * Sec. 34. AS 11.71.311(a) is amended to read:                                                                     
26            (a)  A person may not be prosecuted for a violation of AS 11.71.030(a)(3),                                   
27       11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or                                
28       11.71.060(a)(1) or (2) if that person                                                                             
29                 (1)  sought, in good faith, medical or law enforcement assistance for                                   
30       another person who the person reasonably believed was experiencing a drug overdose                                
31       and                                                                                                               
01                      (A)  the evidence supporting the prosecution for an offense                                        
02            under AS 11.71.030(a)(3), 11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3)                              
03            OR (4), 11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered                               
04            as a result of the person seeking medical or law enforcement assistance;                                     
05                      (B)  the person remained at the scene with the other person until                                  
06            medical or law enforcement assistance arrived; and                                                           
07                      (C)  the person cooperated with medical or law enforcement                                         
08            personnel, including by providing identification;                                                            
09                 (2)  was experiencing a drug overdose and sought medical assistance,                                    
10       and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                
11       11.71.040(a)(4), 11.71.050(a)(4) [11.71.040(a)(3) OR (4), 11.71.050(a)(2)], or                                
12       11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for                                  
13       medical assistance.                                                                                               
14    * Sec. 35. AS 12.25.150(a) is amended to read:                                                                     
15            (a)  A person arrested shall be taken before a judge or magistrate without                                   
16       unnecessary delay [,] and in any event within 24 [48] hours after arrest, absent                          
17       compelling circumstances, including Sundays and holidays. The hearing before the                          
18       judge or magistrate may not take place more than 48 hours after arrest. This                                  
19       requirement applies to municipal police officers to the same extent as it does to state                           
20       troopers.                                                                                                         
21    * Sec. 36. AS 12.25.180 is amended to read:                                                                        
22            Sec. 12.25.180. When peace officer shall [MAY] issue citation or take                                    
23       person before the court. (a) When a peace officer stops or contacts a person for the                            
24       commission of a class C felony offense that is not a crime against a person under                             
25       AS 11.41, a misdemeanor, or the violation of a municipal ordinance, the officer shall                 
26       [MAY, IN THE OFFICER'S DISCRETION,] issue a citation to the person instead of                                     
27       taking the person before a judge or magistrate under AS 12.25.150, unless                                         
28                 (1)  the person does not furnish satisfactory evidence of identity;                                     
29                 (2)  the peace [CONTACTING] officer reasonably believes the person                                  
30       is a danger to self or others;                                                                                    
31                 (3)  the crime for which the person is contacted is one involving                                       
01       violence or harm to another person or to property;                                                                
02                 (4)  [THE PERSON ASKS TO BE TAKEN BEFORE A JUDGE OR                                                     
03       MAGISTRATE UNDER AS 12.25.150; OR                                                                                 
04                 (5)]  the peace officer has probable cause to believe the person                                        
05       committed a crime against a person under AS 11.41, a sex offense, theft in the                                
06       second degree under AS 11.46.130, escape under AS 11.56.300 - 11.56.330,                                      
07       unlawful evasion under AS 11.56.335 or 11.56.340, unlawful contact under                                      
08       AS 11.56.750 or 11.56.755, or a crime involving domestic violence; in this paragraph,                         
09                      (A)  "crime involving domestic violence" has the meaning given                                 
10            in AS 18.66.990; and                                                                                     
11                      (B)  "sex offense" has the meaning given in AS 12.63.100;                                      
12                 (5)  the person refuses to accept service of the citation;                                          
13                 (6)  the peace officer reasonably believes there is a risk the                                      
14       defendant will fail to appear in court; or                                                                    
15                 (7)  the peace officer is required to arrest the person under another                               
16       provision of law.                                                                                             
17            (b)  When a peace officer stops or contacts a person for the commission of an                                
18       infraction or a violation, the officer shall issue a citation instead of taking the person                        
19       before a judge or magistrate under AS 12.25.150, unless                                                           
20                 (1)  the person does not furnish satisfactory evidence of identity; [OR]                                
21                 (2)  the person refuses to accept service of the citation;                                          
22                 (3)  the peace officer has probable cause to believe the person has                                 
23       committed a violation of conditions of release under AS 11.56.757; or                                         
24                 (4)  the peace officer has probable cause to believe the person has                                 
25       committed the crime of failure to appear under AS 11.56.730.                                                  
26    * Sec. 37. AS 12.25.180 is amended by adding a new subsection to read:                                             
27            (c)  A person may not bring a civil action for damages for a failure to comply                               
28       with the provisions of this section.                                                                              
29    * Sec. 38. AS 12.25.190(b) is amended to read:                                                                     
30            (b)  The time specified in the notice to appear shall be at least two [FIVE]                             
31       working days after the issuance of the citation under AS 12.25.180(a).                                        
01    * Sec. 39. AS 12.25.190 is amended by adding a new subsection to read:                                             
02            (d)  The time specified in the notice to appear shall be at least five working                               
03       days after issuance of the citation under AS 12.25.180(b).                                                        
04    * Sec. 40. AS 12.30.006(b) is amended to read:                                                                     
05            (b)  At the first appearance before a judicial officer, a person who is charged                              
06       with a felony may be detained up to 48 hours for the prosecuting authority to                                     
07       demonstrate that release of the person under AS 12.30.011 [AS 12.30.011(a)] would                             
08       not reasonably ensure [ASSURE] the appearance of the person or will pose a danger                             
09       to the victim, other persons, or the community.                                                                   
10    * Sec. 41. AS 12.30.006(c) is amended to read:                                                                     
11            (c)  A person who remains in custody 48 hours after appearing before a judicial                              
12       officer because of inability to meet the conditions of release shall, upon application, be                        
13       entitled to have the conditions reviewed by the judicial officer who imposed them. If                             
14       the judicial officer who imposed the conditions of release is not available, any judicial                         
15       officer in the judicial district may review the conditions. Upon review of the                                
16       conditions, the judicial officer shall revise any conditions of release that have                             
17       prevented the defendant from being released unless the judicial officer finds on                              
18       the record that there is clear and convincing evidence that less restrictive release                          
19       conditions cannot reasonably ensure the                                                                       
20                 (1)  appearance of the person in court; and                                                         
21                 (2)  safety of the victim, other persons, and the community.                                        
22    * Sec. 42. AS 12.30.006(d) is amended to read:                                                                     
23            (d)  If a person remains in custody after review of conditions by a judicial                                 
24       officer under (c) of this section, the person may request a subsequent review of                                  
25       conditions. Unless the prosecuting authority stipulates otherwise or the person has                               
26       been incarcerated for a period equal to the maximum sentence for the most serious                                 
27       charge for which the person is being held, a judicial officer may not schedule a bail                             
28       review hearing under this subsection unless                                                                       
29                 (1)  the person provides to the court and the prosecuting authority a                                   
30       written statement that new information not considered at the previous review will be                              
31       presented at the hearing; the statement must include a description of the information                             
01       and the reason the information was not presented at a previous hearing; in this                                   
02       paragraph, "new information" includes [DOES NOT INCLUDE] the person's                                     
03       inability to post the required bail;                                                                              
04                 (2)  the prosecuting authority and any surety, if applicable, have at least                             
05       48 hours' written notice before the time set for the review requested under this                                  
06       subsection; the defendant shall notify the surety; and                                                            
07                 (3)  at least seven days have elapsed between the previous review and                                   
08       the time set for the requested review; however, a person may only receive one bail                            
09       review hearing solely for inability to pay.                                                                   
10    * Sec. 43. AS 12.30.006(f) is amended to read:                                                                     
11            (f)  The judicial officer shall issue written or oral findings that explain the                              
12       reasons the officer imposed the particular conditions of release or modifications or                              
13       additions to conditions previously imposed. The judicial officer shall inform the                                 
14       person that a law enforcement officer or a pretrial services officer under AS 33.07                           
15       may arrest the person without a warrant for violation of the court's order establishing                           
16       conditions of release.                                                                                            
17    * Sec. 44. AS 12.30.006 is amended by adding a new subsection to read:                                             
18            (h)  The first appearance under (a) and (b) of this section shall take place                                 
19       within 24 hours after a person's arrest absent compelling circumstances, and in no                                
20       instance shall the first appearance take place more than 48 hours after a person's arrest.                      
21    * Sec. 45. AS 12.30.011 is amended to read:                                                                        
22            Sec. 12.30.011. Release before trial. (a) A [EXCEPT AS OTHERWISE                                       
23       PROVIDED IN THIS CHAPTER, A] judicial officer shall order a person charged                                        
24       with an offense to be released on the person's personal recognizance, [OR] upon                               
25       execution of an unsecured appearance bond, or upon execution of an unsecured                                  
26       performance bond if [ON THE CONDITION THAT THE PERSON]                                                        
27                 (1)  the pretrial services officer, in a report required under                                      
28       AS 33.07, determined that the person is a low or moderate risk defendant and the                              
29       person has been charged with a misdemeanor, or that the person is a low risk                                  
30       defendant and has been charged with a class C felony; and                                                     
31                 (2)  the person has not been charged with                                                           
01                      (A)  an offense under                                                                          
02                           (i)  AS 11.41;                                                                            
03                           (ii)  AS 11.56.730;                                                                       
04                           (iii)  AS 11.56.757;                                                                      
05                           (iv)  AS 18.66.990 that involves domestic violence;                                       
06                           (v)  AS 28.35.030; or                                                                     
07                           (vi)  AS 28.35.032; or                                                                    
08                      (B)  a sex offense as defined in AS 12.63.100 [OBEY ALL                                        
09            COURT ORDERS AND ALL FEDERAL, STATE, AND LOCAL LAWS; (2)                                                     
10            APPEAR IN COURT WHEN ORDERED;                                                                                
11                 (3)  IF REPRESENTED, MAINTAIN CONTACT WITH THE                                                          
12       PERSON'S LAWYER; AND                                                                                              
13                 (4)  NOTIFY THE PERSON'S LAWYER, WHO SHALL NOTIFY                                                       
14       THE PROSECUTING AUTHORITY AND THE COURT, NOT MORE THAN 24                                                         
15       HOURS AFTER THE PERSON CHANGES RESIDENCE].                                                                        
16            (b)  The [IF A JUDICIAL OFFICER DETERMINES THAT THE RELEASE                                              
17       UNDER (a) OF THIS SECTION WILL NOT REASONABLY ASSURE THE                                                          
18       APPEARANCE OF THE PERSON OR WILL POSE A DANGER TO THE VICTIM,                                                     
19       OTHER PERSONS, OR THE COMMUNITY, THE OFFICER SHALL IMPOSE                                                         
20       THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT WILL                                                           
21       REASONABLY ASSURE THE PERSON'S APPEARANCE AND PROTECT THE                                                         
22       VICTIM, OTHER PERSONS, AND THE COMMUNITY. IN ADDITION TO                                                          
23       CONDITIONS UNDER (a) OF THIS SECTION, THE] judicial officer may impose                                        
24       the least restrictive additional conditions on a person released under this section                           
25       that the judicial officer determines are necessary to reasonably ensure the                                   
26       person's appearance and the safety of the victim, other persons, and the                                      
27       community. Singly [, SINGLY] or in combination, the additional conditions may                             
28                 (1)  [REQUIRE THE EXECUTION OF AN APPEARANCE BOND                                                       
29       IN A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED INTO THE                                                            
30       REGISTRY OF THE COURT, IN A SUM NOT TO EXCEED 10 PERCENT OF                                                       
31       THE AMOUNT OF THE BOND;                                                                                           
01                 (2)  REQUIRE THE EXECUTION OF A BAIL BOND WITH                                                          
02       SUFFICIENT SOLVENT SURETIES OR THE DEPOSIT OF CASH;                                                               
03                 (3)  REQUIRE THE EXECUTION OF A PERFORMANCE BOND IN                                                     
04       A SPECIFIED AMOUNT OF CASH TO BE DEPOSITED IN THE REGISTRY OF                                                     
05       THE COURT;                                                                                                        
06                 (4)]  place restrictions on the person's travel, association, or residence;                             
07                 (2) [(5)]  order the person to refrain from possessing a deadly weapon                              
08       on the person or in the person's vehicle or residence;                                                            
09                 (3) [(6)]  require the person to maintain employment or, if unemployed,                             
10       actively seek employment;                                                                                         
11                 (4) [(7)]  require the person to notify the person's lawyer and the                                 
12       prosecuting authority within two business days after any change in employment;                                    
13                 (5) [(8)]  require the person to avoid all contact with a victim, a                                 
14       potential witness, or a codefendant;                                                                              
15                 (6) [(9)]  require the person to refrain from the consumption and                                   
16       possession of alcoholic beverages;                                                                                
17                 (7) [(10)]  require the person to refrain from the use of a controlled                              
18       substance as defined by AS 11.71, unless prescribed by a licensed health care provider                            
19       with prescriptive authority;                                                                                      
20                 (8) [(11)]  require the person to be physically inside the person's                                 
21       residence, or in the residence of the person's third-party custodian, at time periods set                         
22       by the court, subject to AS 12.30.021;                                                                        
23                 (9) [(12)]  require the person to keep regular contact with a pretrial                          
24       services officer or law enforcement officer or agency;                                                        
25                 (10) [(13)]  order the person to refrain from entering or remaining in                              
26       premises licensed under AS 04;                                                                                    
27                 (11) [(14)]  place the person in the custody of an individual who agrees                            
28       to serve as a third-party custodian of the person as provided in AS 12.30.021;                                    
29                 (12) [(15)]  if the person is under the treatment of a licensed health care                         
30       provider, order the person to follow the provider's treatment recommendations;                                    
31                 (13) [(16)]  order the person to take medication that has been prescribed                           
01       for the person by a licensed health care provider with prescriptive authority;                                    
02                 (14) [(17)]  order the person to comply with any other condition that is                            
03       reasonably necessary to ensure [ASSURE] the appearance of the person and to assure                            
04       the safety of the victim, other persons, and the community;                                                       
05                 (15) [(18)]  require the person to comply with a program established                                
06       under AS 47.38.020 if the person has been charged with an alcohol-related or                                      
07       substance-abuse-related offense that is an unclassified felony, a class A felony, a                               
08       sexual felony, or a crime involving domestic violence.                                                            
09            (c)  In determining the conditions of release under this chapter, the court shall                            
10       consider the following:                                                                                           
11                 (1)  the nature and circumstances of the offense charged;                                               
12                 (2)  the weight of the evidence against the person;                                                     
13                 (3)  the nature and extent of the person's family ties and relationships;                               
14                 (4)  the person's employment status and history;                                                        
15                 (5)  the length and character of the person's past and present residence;                               
16                 (6)  the person's record of convictions;                                                                
17                 (7)  the person's record of appearance at court proceedings;                                            
18                 (8)  assets available to the person to meet monetary conditions of                                      
19       release;                                                                                                          
20                 (9)  the person's reputation, character, and mental condition;                                          
21                 (10)  the effect of the offense on the victim, any threats made to the                                  
22       victim, and the danger that the person poses to the victim;                                                       
23                 (11)  any other facts that are relevant to the person's appearance or the                               
24       person's danger to the victim, other persons, or the community;                                               
25                 (12)  the conditions of release recommended by the pretrial services                                
26       officer;                                                                                                      
27                 (13)  the person's pretrial risk assessment score.                                                  
28            (d)  In making a finding regarding the release of a person under this chapter,                               
29       [(1) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER,] the burden of                                                 
30       proof is on the prosecuting authority that a person charged with an offense should be                             
31       detained or released with conditions described in [(b) OF] this section or AS 12.30.016                           
01       [;                                                                                                                
02                 (2)  THERE IS A REBUTTABLE PRESUMPTION THAT NO                                                          
03       CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY                                                            
04       ASSURE THE APPEARANCE OF THE PERSON OR THE SAFETY OF THE                                                          
05       VICTIM, OTHER PERSONS, OR THE COMMUNITY, IF THE PERSON IS                                                         
06                      (A)  CHARGED WITH AN UNCLASSIFIED FELONY, A                                                        
07            CLASS A FELONY, A SEXUAL FELONY, OR A FELONY UNDER                                                           
08            AS 28.35.030 OR 28.35.032;                                                                                   
09                      (B)  CHARGED WITH A FELONY CRIME AGAINST A                                                         
10            PERSON UNDER AS 11.41, WAS PREVIOUSLY CONVICTED OF A                                                         
11            FELONY CRIME AGAINST A PERSON UNDER AS 11.41 IN THIS                                                         
12            STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION, AND                                                      
13            LESS THAN FIVE YEARS HAVE ELAPSED BETWEEN THE DATE OF                                                        
14            THE PERSON'S UNCONDITIONAL DISCHARGE ON THE                                                                  
15            IMMEDIATELY PRECEDING OFFENSE AND THE COMMISSION OF                                                          
16            THE PRESENT OFFENSE;                                                                                         
17                      (C)  CHARGED WITH A FELONY OFFENSE COMMITTED                                                       
18            WHILE THE PERSON WAS ON RELEASE UNDER THIS CHAPTER FOR                                                       
19            A CHARGE OR CONVICTION OF ANOTHER OFFENSE;                                                                   
20                      (D)  CHARGED WITH A CRIME INVOLVING DOMESTIC                                                       
21            VIOLENCE, AND HAS BEEN CONVICTED IN THE PREVIOUS FIVE                                                        
22            YEARS OF A CRIME INVOLVING DOMESTIC VIOLENCE IN THIS                                                         
23            STATE OR A SIMILAR OFFENSE IN ANOTHER JURISDICTION;                                                          
24                      (E)  ARRESTED IN CONNECTION WITH AN                                                                
25            ACCUSATION THAT THE PERSON COMMITTED A FELONY OUTSIDE                                                        
26            THE STATE OR IS A FUGITIVE FROM JUSTICE FROM ANOTHER                                                         
27            JURISDICTION, AND THE COURT IS CONSIDERING RELEASE UNDER                                                     
28            AS 12.70].                                                                                                   
29    * Sec. 46. AS 12.30.011 is amended by adding new subsections to read:                                              
30            (e)  Except as provided in (f) of this section, a judicial officer may order that a                          
31       person charged with an offense, in addition to other conditions imposed under this                                
01       section, be released                                                                                              
02                 (1)  on the person's own recognizance;                                                                  
03                 (2)  upon execution of an unsecured appearance bond; or                                                 
04                 (3)  upon execution of an unsecured performance bond.                                                   
05            (f)  A judicial officer shall order a person charged with an offense released on                             
06       the person's own recognizance, upon execution of an unsecured appearance bond, or                                 
07       upon execution of an unsecured performance bond, unless the judicial officer makes a                              
08       finding on the record that there is clear and convincing evidence that no nonmonetary                             
09       conditions of release in combination with the release of the person on the person's own                           
10       recognizance or upon the execution of an unsecured performance bond can reasonably                                
11       ensure the appearance of the person in court and the safety of the victim, other                                  
12       persons, and the community, if the person has been assessed by a pretrial services                                
13       officer under AS 33.07 as a                                                                                       
14                 (1)  low risk defendant, unless a judicial officer orders the defendant to                              
15       be released as provided in (a) and (b) of this section;                                                           
16                 (2)  high risk defendant, and the defendant has been charged with a                                     
17       misdemeanor that does not include an offense under                                                                
18                      (A)  AS 11.41;                                                                                     
19                      (B)  AS 11.56.340;                                                                                 
20                      (C)  AS 11.56.730;                                                                                 
21                      (D)  AS 11.56.750;                                                                                 
22                      (E)  AS 11.56.757;                                                                                 
23                      (F)  AS 11.61.210;                                                                                 
24                      (G)  AS 11.61.220;                                                                                 
25                      (H)  AS 18.66.990 that involves domestic violence;                                                 
26                      (I)  AS 28.35.030; or                                                                              
27                      (J)  AS 28.35.032;                                                                                 
28                 (3)  moderate to high risk defendant, and the defendant has been                                        
29       charged with a class C felony that does not include an offense under                                              
30                      (A)  AS 11.41;                                                                                     
31                      (B)  AS 11.56.320;                                                                                 
01                      (C)  AS 11.56.335;                                                                                 
02                      (D)  AS 11.56.730;                                                                                 
03                      (E)  AS 11.56.757;                                                                                 
04                      (F)  AS 11.56.810;                                                                                 
05                      (G)  AS 11.61.127;                                                                                 
06                      (H)  AS 11.61.200;                                                                                 
07                      (I)  AS 11.66.130;                                                                                 
08                      (J)  AS 18.66.990 that involves domestic violence;                                                 
09                      (K)  AS 28.35.030; or                                                                              
10                      (L)  AS 28.35.032;                                                                                 
11                 (4)  low to moderate risk defendant, and the defendant has been                                         
12       charged with an offense under                                                                                     
13                      (A)  AS 11.56.730; or                                                                              
14                      (B)  AS 11.56.757.                                                                                 
15            (g)  A person released under this section shall be released on the condition that                            
16       the person                                                                                                        
17                 (1)  obey all court orders;                                                                             
18                 (2)  obey all laws;                                                                                     
19                 (3)  make all court appearances;                                                                        
20                 (4)  maintain contact with the person's pretrial services officer, if one is                            
21       appointed by the court, and follow the pretrial services officer's instructions;                                  
22                 (5)  maintain contact with the person's attorney;                                                       
23                 (6)  notify the person's attorney or, if the person is not represented by                               
24       an attorney, the pretrial services officer or the court within 24 hours after a change in                         
25       the person's residence.                                                                                           
26            (h)  If a person charged with an offense is not required under this section to be                            
27       released on the person's own recognizance, upon execution of an unsecured                                         
28       appearance bond, or upon execution of an unsecured performance bond, a judicial                                   
29       officer may, singly or in combination, require that the person deposit with the court                             
30       and execute                                                                                                       
31                 (1)  an appearance bond with a full or partial posting of the specified                                 
01       amount of the bond with the condition that the deposit be returned upon the                                       
02       appearance of the defendant at scheduled hearings;                                                                
03                 (2)  a bail bond with sufficient solvent sureties or the deposit of cash; or                            
04                 (3)  a performance bond with a full or partial posting of the amount of                                 
05       the bond with the condition that the deposit be returned upon the performance of the                              
06       conditions of release set by the court.                                                                           
07            (i)  A judicial officer may require supervision by a pretrial services officer to                            
08       ensure compliance with the conditions of release.                                                                 
09    * Sec. 47. AS 12.30.016(b) is amended to read:                                                                     
10            (b)  In a prosecution charging a violation of AS 04.11.010, 04.11.499,                                       
11       AS 28.35.030, or 28.35.032, a judicial officer may order the person                                               
12                 (1)  to refrain from                                                                                    
13                      (A)  consuming alcoholic beverages; or                                                             
14                      (B)  possessing on the person, in the person's residence, or in                                    
15            any vehicle or other property over which the person has control, alcoholic                                   
16            beverages;                                                                                                   
17                 (2)  to submit to a search without a warrant of the person, the person's                                
18       personal property, the person's residence, or any vehicle or other property over which                            
19       the person has control, for the presence of alcoholic beverages by a peace officer or                         
20       pretrial services officer who has reasonable suspicion that the person is violating the                       
21       conditions of the person's release by possessing alcoholic beverages;                                             
22                 (3)  to submit to a breath test when requested by a law enforcement                                     
23       officer or pretrial services officer;                                                                         
24                 (4)  to provide a sample for a urinalysis or blood test when requested by                               
25       a law enforcement officer or pretrial services officer;                                                       
26                 (5)  to take a drug or combination of drugs intended to prevent                                         
27       substance abuse;                                                                                                  
28                 (6)  to follow any treatment plan imposed by the court under                                            
29       AS 28.35.028;                                                                                                     
30                 (7)  to comply with a program established under AS 47.38.020.                                           
31    * Sec. 48. AS 12.30.016(c) is amended to read:                                                                     
01            (c)  In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial                               
02       officer may order the person                                                                                      
03                 (1)  to refrain from                                                                                    
04                      (A)  consuming a controlled substance; or                                                          
05                      (B)  possessing on the person, in the person's residence, or in                                    
06            any vehicle or other property over which the person has control, a controlled                                
07            substance or drug paraphernalia;                                                                             
08                 (2)  to submit to a search without a warrant of the person, the person's                                
09       personal property, the person's residence, or any vehicle or other property over which                            
10       the person has control, for the presence of a controlled substance or drug paraphernalia                          
11       by a peace officer or pretrial services officer who has reasonable suspicion that the                         
12       person is violating the terms of the person's release by possessing controlled                                    
13       substances or drug paraphernalia;                                                                                 
14                 (3)  to enroll in a random drug testing program, at the person's expense,                               
15       with testing to occur not less than once a week, or to submit to random drug                                  
16       testing by the pretrial services office in the Department of Corrections to detect                            
17       the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS                                           
18       THAN ONCE A WEEK, AND] with the results being submitted to the court and the                                      
19       prosecuting authority;                                                                                            
20                 (4)  to refrain from entering or remaining in a place where a controlled                                
21       substance is being used, manufactured, grown, or distributed;                                                     
22                 (5)  to refrain from being physically present at, within a two-block area                               
23       of, or within a designated area near, the location where the alleged offense occurred or                          
24       at other designated places, unless the person actually resides within that area;                                  
25                 (6)  to refrain from the use or possession of an inhalant; or                                           
26                 (7)  to comply with a program established under AS 47.38.020.                                           
27    * Sec. 49. AS 12.30.021(a) is amended to read:                                                                     
28            (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                
29       a judicial officer may appoint a third-party custodian if the officer finds, on the                           
30       record, that                                                                                                  
31                 (1)  pretrial supervision under AS 33.07 is not available in the                                    
01       person's location;                                                                                            
02                 (2)  no secured appearance or performance bonds have been                                           
03       ordered; and                                                                                                  
04                 (3)  no other conditions of release or combination of conditions can                                
05       [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER                                                        
06       CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety                                
07       of the victim, other persons, and the community.                                                                  
08    * Sec. 50. AS 12.30.021(c) is amended to read:                                                                     
09            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
10                 (1)  the proposed custodian is acting as a third-party custodian for                                    
11       another person;                                                                                                   
12                 (2)  the proposed custodian has been convicted in the previous three                                    
13       years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;                               
14                 (3)  criminal charges are pending in this state or another jurisdiction                                 
15       against the proposed custodian;                                                                                   
16                 (4)  the proposed custodian is on probation in this state or another                                    
17       jurisdiction for an offense;                                                                                      
18                 (5)  there is a reasonable probability that the state will call the                                 
19       proposed custodian [MAY BE CALLED] as a witness in the prosecution of the                                         
20       person;                                                                                                           
21                 (6)  the proposed custodian resides out of state; however, a nonresident                                
22       may serve as a custodian if the nonresident resides in the state while serving as                                 
23       custodian.                                                                                                        
24    * Sec. 51. AS 12.30.055 is amended by adding a new subsection to read:                                             
25            (b)  A person who is in custody in connection with a petition to revoke                                      
26       probation for a technical violation of probation under AS 12.55.110 shall be released                             
27       after the person has served the maximum number of days that the court could impose                                
28       on the person for a technical violation of probation under AS 12.55.110.                                          
29    * Sec. 52. AS 12.55.011 is amended by adding a new subsection to read:                                             
30            (b)  At the time of sentencing, the court shall provide the victim with a form                               
31       that                                                                                                              
01                 (1)  provides information on                                                                            
02                      (A)  whom the victim should contact if the victim has questions                                    
03            about the sentence or release of the offender;                                                               
04                      (B)  the potential for release of the offender on furlough,                                        
05            probation, or parole or for good time credit; and                                                            
06                 (2)  allows the victim to update the victim's contact information with                                  
07       the court and with the Department of Corrections.                                                                 
08    * Sec. 53. AS 12.55.025(a) is amended to read:                                                                     
09            (a)  When imposing a sentence for conviction of a felony offense or a sentence                               
10       of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a                                 
11       regulation adopted under AS 04, or an ordinance adopted in conformity with                                        
12       AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that                          
13       includes the following:                                                                                           
14                 (1)  a verbatim record of the sentencing hearing and any other in-court                                 
15       sentencing procedures;                                                                                            
16                 (2)  findings on material issues of fact and on factual questions required                              
17       to be determined as a prerequisite to the selection of the sentence imposed;                                      
18                 (3)  a clear statement of the terms of the sentence imposed; if a term of                               
19       imprisonment is imposed, the statement must include                                                               
20                      (A)  the approximate minimum term the defendant is expected                                        
21            to serve before being released or placed on mandatory parole if the defendant                                
22            is eligible for and does not forfeit good conduct deductions under                                           
23            AS 33.20.010; and                                                                                            
24                      (B)  if applicable, the approximate minimum term of                                                
25            imprisonment the defendant must serve before becoming eligible for release on                                
26            discretionary or administrative parole;                                                                  
27                 (4)  any recommendations as to the place of confinement or the manner                                   
28       of treatment; and                                                                                                 
29                 (5)  in the case of a conviction for a felony offense, information                                      
30       assessing                                                                                                         
31                      (A)  the financial, emotional, and medical effects of the offense                                  
01            on the victim;                                                                                               
02                      (B)  the need of the victim for restitution; and                                                   
03                      (C)  any other information required by the court.                                                  
04    * Sec. 54. AS 12.55.025(c) is amended to read:                                                                     
05            (c)  Except as provided in (d) of this section, when a defendant is sentenced to                             
06       imprisonment, the term of confinement commences on the date of imposition of                                      
07       sentence unless the court specifically provides that the defendant must report to serve                           
08       the sentence on another date. If the court provides another date to begin the term of                             
09       confinement, the court shall provide the defendant with written notice of the date,                               
10       time, and location of the correctional facility to which the defendant must report. A                             
11       defendant shall receive credit for time spent in custody pending trial, sentencing, or                            
12       appeal, if the detention was in connection with the offense for which sentence was                                
13       imposed including a technical violation of probation as provided in AS 12.55.110.                             
14       A defendant may not receive credit for more than the actual time spent in custody                                 
15       pending trial, sentencing, or appeal. The time during which a defendant is voluntarily                            
16       absent from official detention after the defendant has been sentenced may not be                                  
17       credited toward service of the sentence.                                                                          
18    * Sec. 55. AS 12.55.027(d) is amended to read:                                                                     
19            (d)  A court may grant credit against a sentence of imprisonment imposed                                 
20       following conviction for an offense for time spent under electronic monitoring that                       
21       complies with AS 33.30.011(10), if the person has not committed a criminal offense                            
22       while under electronic monitoring and the court imposes restrictions on the person's                              
23       freedom of movement and behavior while under the electronic monitoring program,                                   
24       including requiring the person to be confined to a residence except for a                                         
25                 (1)  court appearance;                                                                                  
26                 (2)  meeting with counsel; or                                                                           
27                 (3)  period during which the person is at a location ordered by the court                               
28       for the purposes of employment, attending educational or vocational training,                                     
29       performing community volunteer work, or attending a rehabilitative activity or                                    
30       medical appointment.                                                                                              
31    * Sec. 56. AS 12.55.027 is amended by adding new subsections to read:                                              
01            (f)  A court granting credit against a sentence of imprisonment under (d) of this                            
02       section may grant credit of not more than 120 days against a total term of                                        
03       imprisonment imposed for                                                                                          
04                 (1) a crime against a person under AS 11.41;                                                            
05                 (2) a sex offense as defined in AS 12.63.100;                                                           
06                 (3) an offense under AS 11.71 involving the delivery of a controlled                                    
07       substance to a person under 19 years of age;                                                                      
08                 (4) burglary in the first degree under AS 11.46.300; or                                                 
09                 (5) arson in the first degree under AS 11.46.400.                                                       
10            (g)  To qualify as a treatment program under this section, a program must                                    
11                 (1)  be intended to address criminogenic traits or behaviors;                                           
12                 (2)  provide measures of progress or completion; and                                                    
13                 (3)  require notification to the court or probation officer of violations of                            
14       conditions of bail or probation.                                                                                  
15    * Sec. 57. AS 12.55.051(a) is amended to read:                                                                     
16            (a)  If the defendant defaults in the payment of a fine or any installment or of                             
17       restitution or any installment, the court may order the defendant to show cause why                               
18       the defendant should not be sentenced to imprisonment for nonpayment and, if the                                  
19       payment was made a condition of the defendant's probation, may revoke the probation                               
20       of the defendant subject to the limits set out in AS 12.55.110. In a contempt or                              
21       probation revocation proceeding brought as a result of failure to pay a fine or                                   
22       restitution, it is an affirmative defense that the defendant was unable to pay despite                            
23       having made continuing good faith efforts to pay the fine or restitution. If the court                            
24       finds that the defendant was unable to pay despite having made continuing good faith                              
25       efforts, the defendant may not be imprisoned solely because of the inability to pay. If                           
26       the court does not find that the default was attributable to the defendant's inability to                         
27       pay despite having made continuing good faith efforts to pay the fine or restitution, the                         
28       court may order the defendant imprisoned subject to the limits set out in                                     
29       AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of                                           
30       imprisonment imposed under this section may not exceed one day for each $50 of the                                
31       unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                         
01       be given toward satisfaction of the order of the court for every day a person is                                  
02       incarcerated for nonpayment of a fine or restitution.                                                             
03    * Sec. 58. AS 12.55.051 is amended by adding a new subsection to read:                                             
04            (k)  The Department of Law may garnish a permanent fund dividend under                                       
05       AS 43.23.065 or garnish other income of a defendant as allowed by state law to collect                            
06       restitution ordered by the court.                                                                                 
07    * Sec. 59. AS 12.55.055(c) is amended to read:                                                                     
08            (c)  The court may offer a defendant convicted of an offense the option of                                   
09       performing community work in lieu of a fine, surcharge, or portion of a fine or                                   
10       surcharge if the court finds the defendant is unable to pay the fine. The value of                                
11       community work in lieu of a fine is the state's minimum wage for each [$3 PER]                                
12       hour.                                                                                                             
13    * Sec. 60. AS 12.55.055 is amended by adding new subsections to read:                                              
14            (g)  The court may not                                                                                       
15                 (1)  offer a defendant convicted of an offense the option of serving jail                               
16       time in lieu of performing uncompleted community work previously ordered by the                                   
17       court; or                                                                                                         
18                 (2)  convert uncompleted community work hours into a sentence of                                        
19       imprisonment.                                                                                                     
20            (h)  If a court orders community work as part of the defendant's sentence under                              
21       this section, the court shall provide notice to the defendant at sentencing and include                           
22       as a provision of the judgment that if the defendant fails to provide proof of                                    
23       community work within 20 days after the date set by the court, the court shall convert                            
24       those community work hours to a fine equal to the number of uncompleted work hours                                
25       multiplied by the state's minimum hourly wage and issue a judgment against the                                    
26       defendant for that amount.                                                                                        
27    * Sec. 61. AS 12.55 is amended by adding a new section to read:                                                    
28            Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f)                                
29       of this section, if a person is found guilty or pleads guilty to a crime, the court may,                          
30       with the consent of the defendant and the prosecution and without imposing or                                     
31       entering a judgment of guilt, defer further proceedings and place the person on                                   
01       probation. The period of probation may not exceed the maximum term of sentence that                               
02       may be imposed or a period of one year, whichever is greater.                                                     
03            (b)  The court shall impose conditions of probation for a person on probation                                
04       as provided in (a) of this section, which may include that the person                                             
05                 (1)  abide by all local, state, and federal laws;                                                       
06                 (2)  not leave the state without prior consent of the court;                                            
07                 (3)  pay restitution as ordered by the court; and                                                       
08                 (4)  obey any other conditions of probation set by the court.                                           
09            (c)  At any time during the probationary term of the person released on                                      
10       probation, a probation officer may, without warrant or other process, rearrest the                                
11       person so placed in the officer's care and bring the person before the court, or the court                        
12       may, in its discretion, issue a warrant for the rearrest of the person. The court may                             
13       revoke and terminate the probation if the court finds that the person placed on                                   
14       probation is                                                                                                      
15                 (1)  violating the conditions of probation;                                                             
16                 (2)  engaging in criminal practices; or                                                                 
17                 (3)  violating an order of the court to participate in or comply with the                               
18       treatment plan of a rehabilitation program under AS 12.55.015(a)(10).                                             
19            (d)  If the court finds that the person has successfully completed probation, the                            
20       court shall, at the end of the probationary period set by the court, or at any time after                         
21       the expiration of one year from the date of the original probation, discharge the person                          
22       and dismiss the proceedings against the person.                                                                   
23            (e)  If the court finds that the person has violated the conditions of probation                             
24       ordered by the court, the court may revoke and terminate the person's probation, enter                            
25       judgment on the person's previous plea or finding of guilt, and pronounce sentence at                             
26       any time within the maximum probation period authorized by this section.                                          
27            (f)  The court may not suspend imposing or entering the judgment and defer                                   
28       prosecution under this section of a person who                                                                    
29                 (1)  is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260                                 
30       - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400,                                          
31       AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135;                                                            
01                 (2)  uses a firearm in the commission of the offense for which the                                      
02       person is convicted;                                                                                              
03                 (3)  has previously been granted a suspension of judgment under this                                    
04       section or a similar statute in another jurisdiction, unless the court enters written                             
05       findings that by clear and convincing evidence the person's prospects for rehabilitation                          
06       are high and suspending judgment under this section adequately protects the victim of                             
07       the offense, if any, and the community;                                                                           
08                 (4)  is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony                                
09       and the person has one or more prior convictions for a misdemeanor violation of                                   
10       AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction                              
11       having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a                                
12       felony in this state; for the purposes of this paragraph, a person shall be considered to                         
13       have a prior conviction even if                                                                                   
14                      (A)  the charges were dismissed under this section;                                                
15                      (B)  the conviction has been set aside under AS 12.55.085; or                                      
16                      (C)  the charge or conviction was dismissed or set aside under                                     
17            an equivalent provision of the laws of another jurisdiction; or                                              
18                 (5)  has been convicted of a crime involving domestic violence, as                                      
19       defined by AS 18.66.990.                                                                                          
20    * Sec. 62. AS 12.55.090(b) is amended to read:                                                                     
21            (b)  Except as otherwise provided in (f) of this section, the court may revoke or                            
22       modify any condition of probation, [OR MAY] change the period of probation, or                            
23       terminate probation and discharge the defendant from probation.                                               
24    * Sec. 63. AS 12.55.090(c) is amended to read:                                                                     
25            (c)  The period of probation, together with any extension, may not exceed                                    
26                 (1)  10 [25] years for an unclassified felony under AS 11 or a felony                           
27       sex offense; [OR]                                                                                                 
28                 (2)  five [10] years for a felony [ANY OTHER] offense not listed in                         
29       (1) of this subsection;                                                                                       
30                 (3)  four years for a misdemeanor offense involving domestic                                        
31       violence;                                                                                                     
01                 (4)  two years for a misdemeanor offense under AS 28.35.030 or                                      
02       28.35.032, if the person has previously been convicted of an offense under                                    
03       AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another                                   
04       jurisdiction; or                                                                                              
05                 (5)  one year for an offense not listed in (1) - (4) of this subsection.                            
06    * Sec. 64. AS 12.55.090(f) is amended to read:                                                                     
07            (f)  Unless the defendant and the prosecuting authority agree at the probation                               
08       revocation proceeding or other proceeding related to a probation violation, the                               
09       person qualifies for a reduction under AS 33.05.020(h), or a probation officer                                
10       recommends to the court that probation be terminated and the defendant be                                     
11       discharged from probation under (g) of this section or AS 33.05.040, the court may                            
12       not reduce the specific period of probation [,] or the specific term of suspended                                 
13       incarceration except by the amount of incarceration imposed for a probation violation,                            
14       if                                                                                                                
15                 (1)  the sentence was imposed in accordance with a plea agreement                                       
16       under Rule 11, Alaska Rules of Criminal Procedure; and                                                            
17                 (2)  the agreement required a specific period of probation or a specific                                
18       term of suspended incarceration.                                                                                  
19    * Sec. 65. AS 12.55.090 is amended by adding new subsections to read:                                              
20            (g)  A probation officer shall recommend to the court that probation be                                      
21       terminated and a defendant be discharged from probation if the defendant                                          
22                 (1)  has completed at least one year on probation;                                                      
23                 (2)  has completed all treatment programs required as a condition of                                    
24       probation;                                                                                                        
25                 (3)  has been in compliance with all conditions of probation for at least                               
26       one year;                                                                                                         
27                 (4)  is currently in compliance with all conditions of probation for all of                             
28       the cases for which the person is on probation; and                                                               
29                 (5)  has not been convicted of an unclassified felony offense, a sexual                                 
30       felony as defined by AS 12.55.185, or a crime involving domestic violence as defined                              
31       by AS 18.66.990.                                                                                                  
01            (h)  Before a court may terminate probation and discharge the defendant before                               
02       the period of probation for the offense has been completed under (g) of this section,                             
03       the court shall allow victims to comment in writing to the court or allow a victim to                             
04       give sworn testimony or make an unsworn oral presentation at a hearing held to                                    
05       determine whether to reduce the period of probation or terminate probation and                                    
06       discharge the defendant.                                                                                          
07            (i)  If a probation officer recommends to the court that probation be terminated                             
08       and a defendant be discharged from probation under (g) of this section, the court shall,                          
09       if feasible, send a copy of the motion to the Department of Corrections sufficiently in                           
10       advance of any scheduled hearing to enable the Department of Corrections to notify                                
11       the victim of that crime. If the victim has earlier requested to be notified, the                                 
12       Department of Corrections shall send the victim notice of the recommendation under                                
13       (g) of this section and inform the victim of the victim's rights under this section, the                          
14       deadline for receipt of written comments, the hearing date, and the court's address.                              
15            (j)  The court shall provide copies of the victim's written comments to the                                  
16       prosecuting attorney, the defendant, and the defendant's attorney.                                                
17            (k)  In deciding whether to terminate probation and discharge the defendant                                  
18       from probation under (g) of this section, the court shall consider the victim's                                   
19       comments, testimony, or unsworn oral presentation, when relevant, and any response                                
20       by the prosecuting attorney and defendant.                                                                        
21            (l)  If a victim desires notice under this section, the victim shall maintain a                              
22       current, valid mailing address on file with the commissioner of corrections. The                                  
23       commissioner shall send the notice to the victim's last known address. The victim's                               
24       address may not be disclosed to the defendant or the defendant's attorney.                                        
25            (m)  The court shall discharge the defendant from probation upon completion                                  
26       of the period of probation. The period of probation is considered to be completed                                 
27       when the combination of time served and credits earned under AS 33.05.020 is equal                                
28       to the probation period imposed.                                                                                  
29    * Sec. 66. AS 12.55.100(a) is amended to read:                                                                     
30            (a)  While on probation and among the conditions of probation, the defendant                                 
31                 (1)  shall be required to obey all state, federal, and local laws or                                
01       ordinances, and any court orders applicable to the probationer; and                                           
02                 (2)  may be required                                                                                
03                      (A) [(1)]  to pay a fine in one or several sums;                                               
04                      (B) [(2)]  to make restitution or reparation to aggrieved parties                              
05            for actual damages or loss caused by the crime for which conviction was had,                                 
06            including compensation to a victim that is a nonprofit organization for the                                  
07            value of labor or goods provided by volunteers if the labor or goods were                                    
08            necessary to alleviate or mitigate the effects of the defendant's crime; when                                
09            determining the amount of actual damages or loss under this paragraph, the                                   
10            court shall value property as the market value of the property at the time and                               
11            place of the crime or, if the market value cannot reasonably be ascertained, the                             
12            cost of the replacement of the property within a reasonable time after the                                   
13            crime;                                                                                                       
14                      (C) [(3)]  to provide for the support of any persons for whose                                 
15            support the defendant is legally responsible;                                                                
16                      (D) [(4)]  to perform community work in accordance with                                        
17            AS 12.55.055;                                                                                                
18                      (E) [(5)]  to participate in or comply with the treatment plan of                              
19            an inpatient or outpatient rehabilitation program specified by either the court or                           
20            the defendant's probation officer that is related to the defendant's offense or to                           
21            the defendant's rehabilitation;                                                                              
22                      (F) [(6)]  to satisfy the screening, evaluation, referral, and                                 
23            program requirements of an agency authorized by the court to make referrals                                  
24            for rehabilitative treatment or to provide rehabilitative treatment;                                         
25                      (G)  [AND (7)] to comply with a program established under                                      
26            AS 47.38.020; and                                                                                        
27                      (H)  to comply with the sanctions imposed by the                                               
28            defendant's probation officer under AS 33.05.020(g).                                                     
29    * Sec. 67. AS 12.55.100(c) is amended to read:                                                                     
30            (c)  A program of inpatient treatment may be required by the authorized                                      
31       agency under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and                       
01       may not exceed the maximum term of inpatient treatment specified in the judgment. A                               
02       person who has been referred for inpatient treatment may make a written request to the                            
03       sentencing court asking the court to review the referral. The request for review shall be                         
04       made within seven days after [OF] the agency's referral, and shall specifically set out                       
05       the grounds on [UPON] which the request for review is based. The court may order a                            
06       hearing on the request for review.                                                                                
07    * Sec. 68. AS 12.55.110 is amended by adding new subsections to read:                                              
08            (c)  If a defendant is serving a period of probation for an offense, the court may                           
09       find that the defendant has committed a technical violation of probation. If the court                            
10       finds that a defendant has committed a technical violation of probation that does not                             
11       include absconding, the court may reinstate the term of probation with appropriate                                
12       conditions or impose a sentence of imprisonment of not more than                                                  
13                 (1)  three days for the first petition to revoke probation filed with the                               
14       court;                                                                                                            
15                 (2)  five days for the second petition to revoke probation filed with the                               
16       court;                                                                                                            
17                 (3)  10 days for the third petition to revoke probation filed with the                                  
18       court; or                                                                                                         
19                 (4)  up to the remainder of the suspended portion of the sentence for a                                 
20       fourth or subsequent petition to revoke probation.                                                                
21            (d)  If the court revokes a person's probation for absconding, the court may                                 
22       impose a period of imprisonment not to exceed 30 days.                                                            
23            (e)  The limits set out in this section on the length of imprisonment for a                                  
24       revocation do not apply if a probationer is enrolled in a program established under                               
25       AS 33.05.020(f).                                                                                                  
26            (f)  If the defendant is ordered to complete treatment under                                                 
27       AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order                             
28       the defendant to show cause why the defendant should not be sentenced to                                          
29       imprisonment for noncompletion of treatment and may revoke the suspended sentence                                 
30       subject to the limits established in this section. In a contempt or probation revocation                          
31       proceeding brought as a result of failure to complete treatment, it is an affirmative                             
01       defense that the defendant was unable to afford the cost of treatment or secure a place                           
02       in a free treatment program, despite having made continuing good faith efforts. If the                            
03       court finds that the defendant was unable to complete treatment despite having made                               
04       continuing good faith efforts, the defendant may not be imprisoned solely because of                              
05       an inability to pay. If the court does not find that the noncompletion of treatment was                           
06       attributable to the defendant's inability to pay, the court may order the defendant                               
07       imprisoned subject to the limits established in this section.                                                     
08            (g)  In this section,                                                                                        
09                 (1)  "absconding" means failing to report within five working days after                                
10       release from custody under AS 33.20.030 or failing to report for a scheduled meeting                              
11       with a probation officer as ordered by the court or as directed by the probation officer,                         
12       and failing to make contact with the probation officer within 30 days following the                               
13       missed meeting;                                                                                                   
14                 (2)  "technical violation" means a violation of the conditions of                                       
15       probation that does not result from                                                                               
16                      (A)  an arrest for a new criminal offense;                                                         
17                      (B)  failing to complete sex offender treatment; or                                                
18                      (C)  failing to complete an intervention program for batterers.                                    
19    * Sec. 69. AS 12.55.115 is amended to read:                                                                        
20            Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole                            
21       at sentencing. The court may, as part of a sentence of imprisonment, further restrict                           
22       the eligibility of a prisoner for discretionary or administrative parole for a term                           
23       greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and                                  
24       33.16.100.                                                                                                        
25    * Sec. 70. AS 12.55.125(a) is amended to read:                                                                     
26            (a)  A defendant convicted of murder in the first degree or murder of an unborn                              
27       child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment                              
28       of at least 25 [20] years but not more than 99 years. A defendant convicted of murder                         
29       in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years                            
30       when                                                                                                              
31                 (1)  the defendant is convicted of the murder of a uniformed or                                         
01       otherwise clearly identified peace officer, firefighter, or correctional employee who                             
02       was engaged in the performance of official duties at the time of the murder;                                      
03                 (2)  the defendant has been previously convicted of                                                     
04                      (A)  murder in the first degree under AS 11.41.100 or former                                       
05            AS 11.15.010 or 11.15.020;                                                                                   
06                      (B)  murder in the second degree under AS 11.41.110 or former                                      
07            AS 11.15.030; or                                                                                             
08                      (C)  homicide under the laws of another jurisdiction when the                                      
09            offense of which the defendant was convicted contains elements similar to first                              
10            degree murder under AS 11.41.100 or second degree murder under                                               
11            AS 11.41.110;                                                                                                
12                 (3)  the defendant subjected the murder victim to substantial physical                                  
13       torture;                                                                                                          
14                 (4)  the defendant is convicted of the murder of and personally caused                                  
15       the death of a person, other than a participant, during a robbery; or                                             
16                 (5)  the defendant is a peace officer who used the officer's authority as a                             
17       peace officer to facilitate the murder.                                                                           
18    * Sec. 71. AS 12.55.125(b) is amended to read:                                                                     
19            (b)  A defendant convicted of attempted murder in the first degree, solicitation                             
20       to commit murder in the first degree, conspiracy to commit murder in the first degree,                            
21       kidnapping, or misconduct involving a controlled substance in the first degree shall be                           
22       sentenced to a definite term of imprisonment of at least five years but not more than                             
23       99 years. A defendant convicted of murder in the second degree or murder of an                                    
24       unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of                              
25       imprisonment of at least 15 [10] years but not more than 99 years. A defendant                                
26       convicted of murder in the second degree shall be sentenced to a definite term of                                 
27       imprisonment of at least 20 years but not more than 99 years when the defendant is                                
28       convicted of the murder of a child under 16 years of age and the court finds by clear                             
29       and convincing evidence that the defendant (1) was a natural parent, a stepparent, an                             
30       adoptive parent, a legal guardian, or a person occupying a position of authority in                               
31       relation to the child; or (2) caused the death of the child by committing a crime against                         
01       a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and                                 
02       "position of authority" have the meanings given in AS 11.41.470.                                                  
03    * Sec. 72. AS 12.55.125(c) is amended to read:                                                                     
04            (c)  Except as provided in (i) of this section, a defendant convicted of a class A                           
05       felony may be sentenced to a definite term of imprisonment of not more than 20 years,                             
06       and shall be sentenced to a definite term within the following presumptive ranges,                                
07       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
08                 (1)  if the offense is a first felony conviction and does not involve                                   
09       circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years;                     
10                 (2)  if the offense is a first felony conviction                                                        
11                      (A)  and the defendant possessed a firearm, used a dangerous                                       
12            instrument, or caused serious physical injury or death during the commission                                 
13            of the offense, or knowingly directed the conduct constituting the offense at a                              
14            uniformed or otherwise clearly identified peace officer, firefighter, correctional                           
15            employee, emergency medical technician, paramedic, ambulance attendant, or                                   
16            other emergency responder who was engaged in the performance of official                                     
17            duties at the time of the offense, five [SEVEN] to nine [11] years;                                  
18                      (B)  and the conviction is for manufacturing related to                                            
19            methamphetamine  under   AS 11.71.030(a)(4)(A) or  (B)                                                   
20            [AS 11.71.020(a)(2)(A) OR (B)], seven to 11 years, if                                                        
21                           (i)  the manufacturing occurred in a building with                                            
22                 reckless disregard that the building was used as a permanent or                                         
23                 temporary home or place of lodging for one or more children under 18                                    
24                 years of age or the building was a place frequented by children; or                                     
25                           (ii)  in the course of manufacturing or in preparation for                                    
26                 manufacturing, the defendant obtained the assistance of one or more                                     
27                 children under 18 years of age or one or more children were present;                                    
28                 (3)  if the offense is a second felony conviction, eight [10] to 12 [14]                        
29       years;                                                                                                            
30                 (4)  if the offense is a third felony conviction and the defendant is not                               
31       subject to sentencing under (l) of this section, 13 [15] to 20 years.                                         
01    * Sec. 73. AS 12.55.125(d) is amended to read:                                                                     
02            (d)  Except as provided in (i) of this section, a defendant convicted of a class B                           
03       felony may be sentenced to a definite term of imprisonment of not more than 10 years,                             
04       and shall be sentenced to a definite term within the following presumptive ranges,                                
05       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
06                 (1)  if the offense is a first felony conviction and does not involve                                   
07       circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years;                       
08       a defendant sentenced under this paragraph may, if the court finds it appropriate, be                             
09       granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                               
10       probation under AS 12.55.086, the defendant is required to serve an active term of                                
11       imprisonment within the range specified in this paragraph, unless the court finds that a                          
12       mitigation factor under AS 12.55.155 applies;                                                                     
13                 (2)  if the offense is a first felony conviction,                                                       
14                      (A)  the defendant violated AS 11.41.130, and the victim was a                                     
15            child under 16 years of age, two to four years;                                                              
16                      (B)  two to four years if the conviction is for an attempt,                                        
17            solicitation, or conspiracy to manufacture related to methamphetamine under                                  
18            AS 11.31 and AS 11.71.030(a)(4)(A) or (B) [AS 11.71.020(a)(2)(A) OR (B)],                                
19            and                                                                                                          
20                           (i)  the attempted manufacturing occurred, or the                                             
21                 solicited or conspired offense was to have occurred, in a building with                                 
22                 reckless disregard that the building was used as a permanent or                                         
23                 temporary home or place of lodging for one or more children under 18                                    
24                 years of age or the building was a place frequented by children; or                                     
25                           (ii)  in the course of an attempt to manufacture, the                                         
26                 defendant obtained the assistance of one or more children under 18                                      
27                 years of age or one or more children were present;                                                      
28                 (3)  if the offense is a second felony conviction, two [FOUR] to five                           
29       [SEVEN] years;                                                                                                    
30                 (4)  if the offense is a third felony conviction, four [SIX] to 10 years.                           
31    * Sec. 74. AS 12.55.125(e) is amended to read:                                                                     
01            (e)  Except as provided in (i) of this section, a defendant convicted of a class C                           
02       felony may be sentenced to a definite term of imprisonment of not more than five                                  
03       years, and shall be sentenced to a definite term within the following presumptive                                 
04       ranges, 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 (4) of this subsection, probation, with a suspended term                           
07       of imprisonment of zero to 18 months [TWO YEARS; A DEFENDANT                                              
08       SENTENCED UNDER THIS PARAGRAPH MAY, IF THE COURT FINDS IT                                                         
09       APPROPRIATE, BE GRANTED A SUSPENDED IMPOSITION OF SENTENCE                                                        
10       UNDER AS 12.55.085, AND THE COURT MAY, AS A CONDITION OF                                                          
11       PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE                                                      
12       AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN                                                      
13       THIS PARAGRAPH];                                                                                                  
14                 (2)  if the offense is a second felony conviction, one to three [TWO                                
15       TO FOUR] years;                                                                                                   
16                 (3)  if the offense is a third felony conviction, two [THREE] to five                               
17       years;                                                                                                            
18                 (4)  if the offense is a first felony conviction, and the defendant violated                            
19       AS 08.54.720(a)(15), one to two years.                                                                            
20    * Sec. 75. AS 12.55.135(a) is amended to read:                                                                     
21            (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                    
22       definite term of imprisonment of not more than                                                                    
23                 (1)  one year, if the                                                                           
24                      (A)  conviction is for a crime with a mandatory minimum                                        
25            term of more than 30 days of active imprisonment; or                                                     
26                      (B)  trier of fact finds the aggravating factor that the                                       
27            conduct constituting the offense was among the most serious conduct                                      
28            included in the definition of the offense;                                                               
29                      (C)  defendant has past criminal convictions for conduct                                       
30            violative of criminal laws, punishable as felonies or misdemeanors, similar                              
31            in nature to the offense for which the defendant is being sentenced; or                                  
01                      (D)  conviction is for the crime of assault in the fourth                                      
02            degree under AS 11.41.230; or                                                                            
03                 (2)  30 days.                                                                                       
04    * Sec. 76. AS 12.55.135(b) is amended to read:                                                                     
05            (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                    
06       definite term of imprisonment of not more than 10 [90] days unless otherwise                                  
07       specified in the provision of law defining the offense or in this section.                                    
08    * Sec. 77. AS 12.55.135 is amended by adding new subsections to read:                                              
09            (l)  A court sentencing a person convicted of theft in the fourth degree under                               
10       AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(2), removal of                                     
11       identification marks under AS 11.46.260(b)(3), unlawful possession under                                          
12       AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal                                     
13       simulation under AS 11.46.530(b)(3) may not impose                                                                
14                 (1)  a sentence of more than five days of suspended imprisonment and a                                  
15       term of probation of more than six months if the person has previously been convicted                             
16       two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 -                                       
17       11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction                          
18       with substantially similar elements; or                                                                           
19                 (2)  a sentence of active or suspended imprisonment if the person has                                   
20       not been previously convicted, or has previously been convicted once, of an offense                               
21       under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a                               
22       law or ordinance of this or another jurisdiction with substantially similar elements.                             
23            (m)  A court may not impose a sentence of imprisonment for a definite term of                                
24       more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110.                               
25            (n)  A court sentencing a person convicted of misconduct involving a                                         
26       controlled substance in the fourth degree under AS 11.71.050(a)(4) or a person                                    
27       convicted of misconduct involving a controlled substance in the fifth degree under                                
28       AS 11.71.060(a)(2) may not impose                                                                                 
29                 (1)  a sentence of active imprisonment, unless the person has previously                                
30       been convicted more than once of an offense under AS 11.71 or a law of this or                                    
31       another jurisdiction with elements substantially similar to an offense under AS 11.71;                            
01       or                                                                                                                
02                 (2)  a sentence of suspended imprisonment greater than                                                  
03                      (A)  30 days, if the defendant has not been previously convicted                                   
04            of an offense under AS 11.71 or a law of this or another jurisdiction with                                   
05            elements substantially similar to an offense under AS 11.71; or                                              
06                      (B)  180 days, if the person has been previously convicted of an                                   
07            offense under AS 11.71 or a law of this or another jurisdiction with elements                                
08            substantially similar to an offense under AS 11.71.                                                          
09            (o)  If an aggravating factor is a necessary element of the present offense, that                            
10       factor may not be used to impose a sentence above the high end of the range.                                      
11            (p)  If the state seeks to establish an aggravating factor at sentencing                                     
12                 (1)  under (a)(1)(B) of this section, written notice must be served on the                              
13       opposing party and filed with the court not later than 10 days before the date set for                            
14       imposition of sentence; the aggravating factors in (a)(1) of this section must be                                 
15       established by clear and convincing evidence before the court sitting without a jury; all                         
16       findings must be set out with specificity;                                                                        
17                 (2)  aggravating factors in (a)(1)(B) of this section shall be presented to                             
18       a trial jury under procedures set by the court, unless the defendant waives trial by jury,                        
19       stipulates to the existence of the factor, or consents to have the factor proven under                            
20       procedures set out in (1) of this subsection; an aggravating factor presented to a jury is                        
21       established if proved beyond a reasonable doubt; written notice of the intent to                                  
22       establish an aggravating factor must be served on the defendant and filed with the                                
23       court                                                                                                             
24                      (A)  10 days before trial or at a time specified by the court;                                     
25                      (B)  within 48 hours, or at a time specified by the court, if the                                  
26            court instructs the jury about the option to return a verdict for a lesser included                          
27            offense; or                                                                                                  
28                      (C)  five days before entering a plea that results in a finding of                                 
29            guilt or at a time specified by the court unless the defendant waives the notice                             
30            requirement.                                                                                                 
31    * Sec. 78. AS 12.61.015(a) is amended to read:                                                                     
01            (a)  If a victim of a felony or a crime involving domestic violence requests, the                            
02       prosecuting attorney shall make a reasonable effort to                                                            
03                 (1)  confer with the person against whom the offense has been                                           
04       perpetrated about that person's testimony before the defendant's trial;                                           
05                 (2)  in a manner reasonably calculated to give prompt actual notice,                                    
06       notify the victim                                                                                                 
07                      (A)  of the defendant's conviction and the crimes of which the                                     
08            defendant was convicted;                                                                                     
09                      (B)  of the victim's right in a case that is a felony to make a                                    
10            written or oral statement for use in preparation of the defendant's presentence                              
11            report, and of the victim's right to appear personally at the defendant's                                    
12            sentencing hearing to present a written statement and to give sworn testimony                                
13            or an unsworn oral presentation;                                                                             
14                      (C)  of the address and telephone number of the office that will                                   
15            prepare the presentence report; and                                                                          
16                      (D)  of the time and place of the sentencing proceeding;                                           
17                 (3)  notify the victim in writing of the final disposition of the case                                  
18       within 30 days after final disposition of the case;                                                               
19                 (4)  confer with the victim [OF A CRIME INVOLVING DOMESTIC                                              
20       VIOLENCE] concerning a proposed plea agreement before entering into an                                            
21       agreement;                                                                                                        
22                 (5)  inform the victim of a pending motion that may substantially delay                                 
23       the prosecution and inform the court of the victim's position on the motion; in this                              
24       paragraph, a "substantial delay" is                                                                               
25                      (A)  for a misdemeanor, a delay of one month or longer;                                            
26                      (B)  for a felony, a delay of two months or longer; and                                            
27                      (C)  for an appeal, a delay of six months or longer.                                               
28    * Sec. 79. AS 22.35.030 is amended by adding a new subsection to read:                                             
29            (b)  Notwithstanding (a) of this section, the Alaska Court System shall publish                              
30       the court record of a person who is granted a suspended entry of judgment under                                   
31       AS 12.55.078 on a publicly available website with a notation indicating a suspended                               
01       entry of judgment.                                                                                                
02    * Sec. 80. AS 28.15.165 is amended by adding a new subsection to read:                                             
03            (e)  A person whose driver's license, privilege to drive, or privilege to obtain a                           
04       license has been revoked under this section as a result of a refusal to submit to a                               
05       chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal                                      
06       ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar                               
07       municipal ordinance in which the test produced a result described in                                              
08       AS 28.35.030(a)(2) may request that the department rescind the revocation. The                                    
09       department shall rescind a revocation under this subsection if the department finds that                          
10       the person has supplied proof in a form satisfactory to the department that                                       
11                 (1)  the person has been acquitted of driving while under the influence                                 
12       under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a                                 
13       similar municipal ordinance for the incident on which the revocation was based; or                                
14                 (2)  all criminal charges against the person for driving while under the                                
15       influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit                              
16       to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to                             
17       the incident on which the revocation is based have been dismissed without prejudice.                              
18    * Sec. 81. AS 28.15.181(f) is amended to read:                                                                     
19            (f)  The court may terminate a revocation for an offense described in (a)(5) or                              
20       (8) of this section if                                                                                            
21                 (1)  either                                                                                         
22                      (A)  the person's license, privilege to drive, or privilege to                                 
23            obtain a license has been revoked for the minimum periods set out in (c) of this                             
24            section; or                                                                                              
25                      (B)  the person                                                                                
26                           (i)  has successfully completed a court-ordered                                           
27                 treatment program under AS 28.35.028;                                                               
28                           (ii)  has not been convicted of a violation of                                            
29                 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or                                 
30                 another jurisdiction since completing the program; and                                              
31                           (iii)  has been granted limited license privileges under                                  
01                 AS 28.15.201(g) and has successfully driven for three years under                                   
02                 that limited license without having the limited license privileges                                  
03                 revoked; and                                                                                        
04                 (2)  the person complies with the provisions of AS 28.15.211(d) and                                     
05       (e).                                                                                                              
06    * Sec. 82. AS 28.15.201 is amended by adding new subsections to read:                                              
07            (g)  Notwithstanding (d) of this section, a court revoking a driver's license,                               
08       privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the                                
09       department when revoking a driver's license, privilege to drive, or privilege to obtain a                         
10       license under AS 28.15.165(c), may grant limited license privileges if                                            
11                 (1)  the revocation was for a felony conviction under AS 28.35.030;                                     
12                 (2)  the person has successfully participated for at least six months in,                               
13       or has successfully completed, a court-ordered treatment program under                                            
14       AS 28.35.028;                                                                                                     
15                 (3)  the person provides proof of insurance as required by AS 28.20.230                                 
16       and 28.20.240;                                                                                                    
17                 (4)  the person is required to use an ignition interlock device during the                              
18       period of the limited license whenever the person operates a motor vehicle in a                                   
19       community not included in the list published by the department under                                              
20       AS 28.22.011(b) and, when applicable,                                                                             
21                      (A)  the person provides proof of installation of the ignition                                     
22            interlock device on every vehicle the person operates;                                                       
23                      (B)  the person signs an affidavit acknowledging that                                              
24                           (i)  operation by the person of a vehicle that is not                                         
25                 equipped with an ignition interlock device is subject to penalties for                                  
26                 driving with a revoked license;                                                                         
27                           (ii)  circumventing or tampering with the ignition                                            
28                 interlock device is a class A misdemeanor; and                                                          
29                           (iii)  the person is required to maintain the ignition                                        
30                 interlock device throughout the period of the limited license, to keep                                  
31                 up-to-date records in each vehicle showing that any required service                                    
01                 and calibration is current, and to produce those records immediately on                                 
02                 request;                                                                                                
03                 (5)  the person is enrolled in and is in compliance with or has                                         
04       successfully completed the alcoholism screening, evaluation, referral, and program                                
05       requirements of the Department of Health and Social Services under AS 28.35.030(h);                               
06                 (6)  the person has not previously been granted a limited license under                                 
07       this subsection and had the license revoked under (h) of this section;                                            
08                 (7)  the person is participating in a program established under                                         
09       AS 47.38.020 for a minimum of 120 days from the date a limited license is granted                                 
10       under this section.                                                                                               
11            (h)  The court or the department may immediately revoke a limited license                                    
12       granted under (g) of this section if the person is convicted of a violation of                                    
13       AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction                           
14       or if the person is not in compliance with a court-ordered treatment program under                                
15       AS 28.35.028.                                                                                                     
16    * Sec. 83. AS 28.15.291(a) is repealed and reenacted to read:                                                      
17            (a)  A person commits the crime of driving while license canceled, suspended,                                
18       revoked, or in violation of a limitation if the person drives                                                     
19                 (1)  a motor vehicle on a highway or vehicular way or area at a time                                    
20       when that person's driver's license, privilege to drive, or privilege to obtain a license                         
21       has been canceled, suspended, or revoked under circumstances described in                                         
22       AS 28.15.181(c) or a similar law in another jurisdiction;                                                         
23                 (2)  a motor vehicle on a highway or vehicular way or area at a time                                    
24       when that person's driver's license, privilege to drive, or privilege to obtain a license                         
25       has been canceled, suspended, or revoked under circumstances other than those                                     
26       described in (1) of this subsection; or                                                                           
27                 (3)  in violation of a limitation placed on that person's license or                                    
28       privilege to drive in this or another jurisdiction.                                                               
29    * Sec. 84. AS 28.15.291(b) is repealed and reenacted to read:                                                      
30            (b)  Driving while license canceled, suspended, revoked, or in violation of a                                
31       limitation is                                                                                                     
01                 (1)  a class A misdemeanor if the person violates (a)(1) of this section;                               
02       upon conviction the court shall impose a minimum sentence of imprisonment of not                                  
03       less than 10 days                                                                                                 
04                      (A)  with 10 days suspended if the person has not been                                             
05            previously convicted under (a)(1) of this section or a similar law of another                                
06            jurisdiction; or                                                                                             
07                      (B)  if the person has been previously convicted under (a)(1) of                                   
08            this section or a similar law in another jurisdiction;                                                       
09                 (2)  an infraction if the person violates (a)(2) or (3) of this section.                                
10    * Sec. 85. AS 28.35.028(b) is amended to read:                                                                     
11            (b)  Once the court elects to proceed under this section, the defendant shall                                
12       enter a no contest or guilty plea to the offense or shall admit to a probation violation,                         
13       as appropriate. The state and the defendant may enter into a plea agreement to                                    
14       determine the offense or offenses to which the defendant is required to plead. If the                             
15       court accepts the agreement, the court shall enforce the terms of the agreement. The                              
16       court shall enter a judgment of conviction for the offense or offenses for which the                              
17       defendant has pleaded or an order finding that the defendant has violated probation, as                           
18       appropriate. A judgment of conviction or an order finding a probation violation must                              
19       set a schedule for payment of restitution owed by the defendant. In a judgment of                                 
20       conviction and on probation conditions that the court considers appropriate, the court                            
21       may withhold pronouncement of a period of imprisonment or a fine to provide an                                    
22       incentive for the defendant to complete recommended treatment successfully.                                       
23       Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any                                       
24       mandatory minimum or other sentencing provision applicable to the offense.                                        
25       However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any                                     
26       other provision of law, the court, at any time after the period when a reduction of                               
27       sentence is normally available, may consider and reduce the defendant's sentence,                             
28       including imprisonment, fine, or license revocation, based on the defendant's                                 
29       compliance with the treatment plan; when reducing a sentence, the court (1) may not                               
30       reduce the sentence below the mandatory minimum sentence for the offense unless the                               
31       court finds that the defendant has successfully complied with and completed the                                   
01       treatment plan and that the treatment plan approximated the severity of the minimum                               
02       period of imprisonment, and (2) may consider the defendant's compliance with the                                  
03       treatment plan as a mitigating factor allowing a reduction of a sentence under                                    
04       AS 12.55.155(a). A court entering an order finding the defendant has violated                                     
05       probation may withhold pronouncement of disposition to provide an incentive for the                               
06       defendant to complete the recommended treatment successfully.                                                     
07    * Sec. 86. AS 28.35.030(k) is amended to read:                                                                     
08            (k)  Imprisonment required under (b)(1)(A) of this section shall be served [AT                               
09       A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a                                                  
10       private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL                                             
11       CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available,                                       
12       imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a                          
13       private residence by other means determined by the commissioner of corrections                                
14       [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER                                                         
15       OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section                                      
16       may be served at a community residential center or at a private residence if approved                             
17       by the commissioner of corrections. Imprisonment served at a private residence must                               
18       include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not                          
19       available, by other means as determined by the commissioner of corrections. The                               
20       cost of imprisonment resulting from the sentence imposed under (b)(1) of this section                             
21       shall be paid to the state by the person being sentenced. The [PROVIDED,                                      
22       HOWEVER, THAT THE] cost of imprisonment required to be paid under this                                            
23       subsection may not exceed $2,000. Upon the person's conviction, the court shall                                   
24       include the costs of imprisonment as a part of the judgment of conviction. Except for                             
25       reimbursement from a permanent fund dividend as provided in this subsection,                                      
26       payment of the cost of imprisonment is not required if the court determines the person                            
27       is indigent. For costs of imprisonment that are not paid by the person as required by                             
28       this subsection, the state shall seek reimbursement from the person's permanent fund                              
29       dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY                                                  
30       RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON                                                           
31       SENTENCED UNDER (b)(1)(A) OF THIS SECTION SHALL PERFORM AT                                                        
01       LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced                                                     
02       under (b)(1)(B) of this section shall perform at least 160 hours of community service                             
03       work, as required by the director of the community residential center or other                                    
04       appropriate place, or as required by the commissioner of corrections if the sentence is                           
05       being served at a private residence. In this subsection, "appropriate place" means a                              
06       facility with 24-hour on-site staff supervision that is specifically adapted to provide a                         
07       residence, and includes a correctional center, residential treatment facility, hospital,                          
08       halfway house, group home, work farm, work camp, or other place that provides                                     
09       varying levels of restriction.                                                                                    
10    * Sec. 87. AS 28.35.030(l) is amended to read:                                                                     
11            (l)  The commissioner of corrections shall determine and prescribe by                                        
12       regulation a uniform average cost of imprisonment for the purpose of determining the                              
13       cost of imprisonment required to be paid under (k) of this section by a convicted                                 
14       person. The regulations must include the costs associated with electronic                                     
15       monitoring under AS 33.30.065.                                                                                
16    * Sec. 88. AS 28.35.030(o) is amended to read:                                                                     
17            (o)  Upon request, the department shall review a driver's license revocation                                 
18       imposed under (b) or (n)(3) of this section and                                                               
19                 (1)  may restore the driver's license if                                                            
20                      (A) [(1)]  the license has been revoked for a period of at least 10                            
21            years;                                                                                                       
22                      (B) [(2)]  the person has not been convicted of a criminal                                     
23            offense since the license was revoked; and                                                                   
24                      (C) [(3)]  the person provides proof of financial responsibility;                          
25                 (2)  shall restore the driver's license if                                                          
26                      (A)  the person has been granted limited license privileges                                    
27            under AS 28.15.201(g) and has successfully driven under that limited                                     
28            license for three years without having the limited license privileges                                    
29            revoked;                                                                                                 
30                      (B)  the person has successfully completed a court-ordered                                     
31            treatment program under AS 28.35.028;                                                                    
01                      (C)  the court previously terminated the person's revocation                                   
02            as provided in AS 28.15.181(f)(1)(B);                                                                    
03                      (D)  the person has not been convicted of a violation of                                       
04            AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                               
05            jurisdiction since the license was revoked;                                                              
06                      (E)  the person's privilege to drive may be restored as                                        
07            provided in AS 28.15.211; and                                                                            
08                      (F)  the person provides proof of financial responsibility.                                    
09    * Sec. 89. AS 28.35.032(o) is amended to read:                                                                     
10            (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                          
11       private residence by electronic monitoring under AS 33.30.065. If electronic                                  
12       monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A                                                        
13       COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under                                            
14       (g)(1)(A) of this section shall be served at a private residence by other means as                            
15       determined by the commissioner of corrections [AT ANOTHER APPROPRIATE                                         
16       PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS].                                                             
17       Imprisonment required under (g)(1)(B) - (F) of this section may be served at a                                    
18       community residential center or at a private residence if approved by the                                         
19       commissioner of corrections. Imprisonment served at a private residence must include                              
20       electronic monitoring under AS 33.30.065 or, if electronic monitoring is not                                  
21       available, shall be served by other means as determined by the commissioner of                                
22       corrections. The cost of imprisonment resulting from the sentence imposed under                               
23       (g)(1) of this section shall be paid to the state by the person being sentenced. The                          
24       [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid                                            
25       under this subsection may not exceed $2,000. Upon the person's conviction, the court                              
26       shall include the costs of imprisonment as a part of the judgment of conviction. Except                           
27       for reimbursement from a permanent fund dividend as provided in this subsection,                                  
28       payment of the cost of imprisonment is not required if the court determines the person                            
29       is indigent. For costs of imprisonment that are not paid by the person as required by                             
30       this subsection, the state shall seek reimbursement from the person's permanent fund                              
31       dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY                                                  
01       RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON                                                           
02       SENTENCED UNDER (g)(1)(A) OF THIS SECTION SHALL PERFORM AT                                                        
03       LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced                                                     
04       under (g)(1)(B) of this section shall perform at least 160 hours of community service                             
05       work, as required by the director of the community residential center or other                                    
06       appropriate place, or as required by the commissioner of corrections if the sentence is                           
07       being served at a private residence. In this subsection, "appropriate place" means a                              
08       facility with 24-hour on-site staff supervision that is specifically adapted to provide a                         
09       residence, and includes a correctional center, residential treatment facility, hospital,                          
10       halfway house, group home, work farm, work camp, or other place that provides                                     
11       varying levels of restriction.                                                                                    
12    * Sec. 90. AS 29.10.200(21) is amended to read:                                                                    
13                 (21)  AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN                                      
14       CIVIL ACTIONS)];                                                                                                  
15    * Sec. 91. AS 29.25.070(a) is amended to read:                                                                     
16            (a)  For the violation of an ordinance, a municipality may by ordinance                                      
17       prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days,                              
18       except as limited by (g) of this section. For a violation that cannot result in                               
19       incarceration or the loss of a valuable license, a municipality may allow disposition of                          
20       the violation without court appearance and establish a schedule of fine amounts for                               
21       each offense.                                                                                                     
22    * Sec. 92. AS 29.25.070 is amended by adding a new subsection to read:                                             
23            (g)  If a municipality prescribes a penalty for a violation of a municipal                                   
24       ordinance, including a violation under (a) of this section, and there is a comparable                             
25       state offense under AS 11 or AS 28 with elements that are similar to the municipal                                
26       ordinance, the municipality may not impose a greater punishment than that imposed                                 
27       for a violation of the state law. This subsection applies to home rule and general law                            
28       municipalities.                                                                                                   
29    * Sec. 93. AS 33.05.020 is amended by adding new subsections to read:                                              
30            (g)  The commissioner shall establish an administrative sanction and incentive                               
31       program to facilitate a swift and effective response to a probationer's compliance with                           
01       or violation of the conditions of probation. The commissioner shall adopt regulations                             
02       to implement the program. At a minimum, the regulations must include                                              
03                 (1)  a decision-making process to guide probation officers in                                           
04       determining the suitable response to positive and negative offender behavior that                                 
05       includes a list of sanctions for the most common types of negative behavior, including                            
06       technical violations of conditions of probation, and a list of incentives for compliance                          
07       with conditions and positive behavior that exceeds those conditions;                                              
08                 (2)  policies and procedures that ensure                                                                
09                      (A)  a process for responding to negative behavior that includes                                   
10            a review of previous violations and sanctions;                                                               
11                      (B)  that enhanced sanctions for certain negative conduct are                                      
12            approved by the commissioner or the commissioner's designee; and                                             
13                      (C)  that appropriate due process protections are included in the                                  
14            process, including notice of negative behavior, an opportunity to dispute the                                
15            accusation and the sanction, and an opportunity to request a review of the                                   
16            accusation and the sanction.                                                                                 
17            (h)  The commissioner shall establish by regulation a program allowing                                       
18       probationers to earn credits for complying with the conditions of probation. The                                  
19       credits earned reduce the period of probation. Nothing in this subsection prohibits the                           
20       department from recommending to the court the early discharge of the probationer as                               
21       provided in AS 33.30. At a minimum, the regulations must                                                          
22                 (1)  require that a probationer earn a credit of 30 days for each month                                 
23       served in which the defendant complied with the conditions of probation;                                          
24                 (2)  include policies and procedures for                                                                
25                      (A)  calculating and tracking credits earned by probationers;                                      
26                      (B)  reducing the probationer's period of probation based on                                       
27            credits earned by the probationer;                                                                           
28                      (C)  notifying the court at least 30 days before the earliest date                                 
29            the probationer's period of probation will be served based on credits earned by                              
30            the probationer; and                                                                                         
31                      (D)  notifying a victim under AS 33.30.013.                                                      
01    * Sec. 94. AS 33.05.040 is amended to read:                                                                        
02            Sec. 33.05.040. Duties of probation officers. A probation officer shall                                    
03                 (1)  furnish to each probationer under the supervision of the officer a                                 
04       written statement of the conditions of probation and shall instruct the probationer                               
05       regarding the same;                                                                                               
06                 (2)  keep informed concerning the conduct and condition of each                                         
07       probationer under the supervision of the officer and shall report on the probationer to                           
08       the court placing the [SUCH] person on probation;                                                             
09                 (3)  use all suitable methods, not inconsistent with the conditions                                     
10       imposed by the court, to aid probationers and to bring about improvements in their                                
11       conduct and condition;                                                                                            
12                 (4)  keep records of the probation work, including administrative                                   
13       sanctions and incentives the probation officer imposes under AS 33.05.020(g),                                 
14       keep accurate and complete accounts of all money collected from persons under the                                 
15       supervision of the officer, give receipts for money collected and make at least monthly                           
16       returns of it, make the reports to the court and the commissioner required by them, and                           
17       perform other duties the court may direct;                                                                        
18                 (5)  perform the [SUCH] duties with respect to persons on parole as the                             
19       commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole                  
20       officer;                                                                                                      
21                 (6)  use administrative sanctions and incentives developed under                                    
22       AS 33.05.020(g) to respond to a probationer's negative and positive behavior,                                 
23       including responses to technical violations of conditions of probation, in a way                              
24       that is intended to interrupt negative behavior in a swift, certain, and                                      
25       proportional manner and support progress with a recognition of positive                                       
26       behavior; and                                                                                                 
27                 (7)  upon determining that a probationer under the supervision of                                   
28       the officer meets the requirements of AS 12.55.090(g), recommend to the court as                              
29       soon as practicable that probation be terminated and the probationer be                                       
30       discharged from probation.                                                                                    
31    * Sec. 95. AS 33.05.080 is amended by adding a new paragraph to read:                                              
01                 (3)  "administrative sanctions and incentives" means responses by a                                     
02       probation officer to a probationer's compliance with or violation of the conditions of                            
03       probation under AS 33.05.020(g).                                                                                  
04    * Sec. 96. AS 33 is amended by adding a new chapter to read:                                                       
05                    Chapter 07. Pretrial Services Program.                                                             
06            Sec. 33.07.010. Pretrial services program; establishment. The commissioner                                 
07       shall establish and administer a pretrial services program that provides a pretrial risk                          
08       assessment for all defendants, recommendations to the court concerning pretrial                                   
09       release decisions, and supervision of defendants released while awaiting trial as                                 
10       ordered by the court.                                                                                             
11            Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner                                
12       shall                                                                                                             
13                 (1)  appoint and make available to the superior court and district court                                
14       qualified pretrial services officers;                                                                             
15                 (2)  fix pretrial services officers' salaries;                                                          
16                 (3)  assign pretrial services officers to each judicial district;                                       
17                 (4)  provide for the necessary supervision, training, expenses, including                               
18       clerical services, and travel of pretrial services officers;                                                      
19                 (5)  approve a risk assessment instrument that is objective,                                            
20       standardized, and developed based on analysis of empirical data and risk factors                                  
21       relevant to pretrial failure, that evaluates the likelihood of failure to appear in court                         
22       and the likelihood of rearrest during the pretrial period, and that is validated on the                           
23       state's pretrial population; and                                                                                  
24                 (6)  adopt regulations in consultation with the Department of Law, the                                  
25       public defender, the Department of Public Safety, the office of victims' rights, and the                          
26       Alaska Court System, consistent with this chapter and as necessary to implement the                               
27       program; the regulations must include a process for pretrial services officers to make a                          
28       recommendation to the court concerning a pretrial release decision and guidelines for                             
29       pretrial diversion recommendations.                                                                               
30            Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services                              
31       officers shall, in advance of a first appearance before a judicial officer under                                  
01       AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument                                 
02       approved by the commissioner for the purpose of making a recommendation to the                                    
03       court concerning an appropriate pretrial release decision and conditions of release. In                           
04       conducting a pretrial risk assessment and making a recommendation to the court, the                               
05       department shall follow the decision-making process established by regulation under                               
06       this chapter. The pretrial risk assessment shall be completed and presented to the court                          
07       in a pretrial release report that contains a risk assessment rating of low, moderate, or                          
08       high and a recommendation regarding release and release conditions before the                                     
09       defendant's first appearance before a judicial officer.                                                           
10            (b)  A pretrial services officer shall make a recommendation under (a) of this                               
11       section for pretrial release to the court based on factors that include the results of a                          
12       pretrial risk assessment, the offense charged, and the least restrictive condition or                             
13       conditions that will reasonably ensure the appearance of the person in court and the                              
14       safety of the victim, other persons, and the community. The recommendation must                                   
15       take into account                                                                                                 
16                 (1)  the defendant's risk rating;                                                                       
17                 (2)  the appropriateness for release on the defendant's own                                             
18       recognizance or upon the execution of an unsecured appearance bond, unsecured                                     
19       performance bond, or both; and                                                                                    
20                 (3)  the appropriateness of nonmonetary release conditions permitted                                    
21       under AS 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those                                  
22       conditions by a pretrial services officer for defendants who are recommended for                                  
23       release.                                                                                                          
24            (c)  A pretrial services officer shall recommend for release on personal                                     
25       recognizance, upon execution of an unsecured appearance bond, or upon execution of                                
26       an unsecured performance bond, with nonmonetary conditions as appropriate, if a                                   
27       defendant is charged with                                                                                         
28                 (1)  a misdemeanor, unless that misdemeanor is                                                          
29                      (A)  a crime involving domestic violence, as defined in                                            
30            AS 18.66.990;                                                                                                
31                      (B)  a crime against the person under AS 11.41;                                                    
01                      (C)  an offense under AS 11.56.730 or 11.56.757;                                                   
02                 (2)  a class C felony unless that felony is                                                             
03                      (A)  a crime involving domestic violence, as defined in                                            
04            AS 18.66.990;                                                                                                
05                      (B)  a crime against the person under AS 11.41;                                                    
06                      (C)  an offense under AS 11.56.730;                                                                
07                 (3)  an offense under AS 28.35.030 or 28.35.032, if the defendant has                                   
08       been assessed as being low or moderate risk on the pretrial risk assessment.                                      
09            (d)  A pretrial services officer shall recommend release on personal                                         
10       recognizance, upon execution of an unsecured appearance bond, or upon execution of                                
11       an unsecured performance bond, with nonmonetary conditions as appropriate, unless                                 
12       the pretrial services officer finds                                                                               
13                 (1)  by substantial evidence that no nonmonetary conditions of release                                  
14       in combination with release on personal recognizance or upon execution of unsecured                               
15       bond can reasonably ensure public safety and appearance in court; and                                             
16                 (2)  the defendant has been charged with                                                                
17                      (A)  an offense under AS 28.33.030 or 28.33.032, and the                                           
18            offender has been assessed as high risk under a pretrial risk assessment;                                    
19                      (B)  an offense under AS 11.56.730 or 11.56.757, and the                                           
20            offender has been assessed as low to moderate risk under a pretrial risk                                     
21            assessment; or                                                                                               
22                      (C)  any other offense, and the defendant has been assessed as                                     
23            being low risk under a pretrial risk assessment.                                                             
24            (e)  A pretrial services officer may supervise a defendant released during the                               
25       pretrial period, imposing the least restrictive level of supervision that will reasonably                         
26       ensure the appearance of the person in court and the safety of the victim, other                                  
27       persons, and the community, and prioritizing higher levels of supervision for a                                   
28       defendant accused of serious charges or assessed as moderate or high risk under a                                 
29       pretrial risk assessment. The commissioner may, in accordance with AS 36.30,                                      
30       procure and enter into agreements or contracts for the supervision of defendants on                               
31       electronic monitoring during the pretrial period.                                                                 
01            (f)  A pretrial services officer may                                                                         
02                 (1)  recommend pretrial diversion to the court and parties before                                       
03       adjudication in accordance with the guidelines established by the commissioner under                              
04       AS 33.07.020(6);                                                                                                  
05                 (2)  arrest a defendant who has been released pretrial without a warrant                                
06       if the officer has probable cause to believe the defendant has committed an offense                               
07       under AS 11.56.730 or 11.56.757 or has violated the defendant's release conditions;                               
08                 (3)  refer interested defendants for substance abuse screening,                                         
09       assessment, and treatment on a voluntary basis;                                                                   
10                 (4)  require that a defendant charged with an offense involving the use                                 
11       of alcohol or controlled substances comply with a program established under                                       
12       AS 47.38.020; and                                                                                                 
13                 (5)  coordinate with community-based organizations and tribal courts                                    
14       and councils to develop and expand pretrial diversion options.                                                    
15            Sec. 33.07.040. Pretrial services officers as officers of court. (a) All pretrial                          
16       services officers shall be available to the superior and district courts and shall be                             
17       officers of the court.                                                                                            
18            (b)  The appointment of a pretrial services officer shall be entered on the                                  
19       journal of the court in the judicial district where the pretrial services officer is                              
20       assigned, and one copy of the journal entry shall be sent to the administrative director                          
21       of the Alaska Court System.                                                                                       
22            Sec. 33.07.090. Definitions. In this chapter,                                                              
23                 (1)  "commissioner" means the commissioner of corrections;                                              
24                 (2)  "program" means the pretrial services program.                                                     
25    * Sec. 97. AS 33.16.010(c) is amended to read:                                                                     
26            (c)  A prisoner who is not eligible for special medical, administrative, or                              
27       discretionary parole, or who is not released on special medical, administrative, or                           
28       discretionary parole, shall be released on mandatory parole for the term of good time                             
29       deductions credited under AS 33.20, if the term or terms of imprisonment are two                                  
30       years or more.                                                                                                    
31    * Sec. 98. AS 33.16.010(d) is amended to read:                                                                     
01            (d)  A prisoner released on special medical, administrative, discretionary, or                           
02       mandatory parole is subject to the conditions of parole imposed under AS 33.16.150.                               
03       Parole may be revoked under AS 33.16.220.                                                                         
04    * Sec. 99. AS 33.16.010 is amended by adding a new subsection to read:                                             
05            (f)  A prisoner eligible under AS 33.16.089 shall be released on administrative                              
06       parole by the board of parole.                                                                                    
07    * Sec. 100. AS 33.16.060(a) is amended to read:                                                                    
08            (a)  The board shall                                                                                         
09                 (1)  serve as the parole authority for the state;                                                       
10                 (2)  [UPON RECEIPT OF AN APPLICATION,] consider the                                                     
11       suitability for parole of a prisoner who is eligible for discretionary parole at least 90                     
12       days before the prisoner's first date of eligibility and upon receipt of the                                  
13       prisoner's application for special medical [OR DISCRETIONARY] parole;                                         
14                 (3)  impose parole conditions on all prisoners released under special                               
15       medical, administrative, discretionary, or mandatory parole;                                              
16                 (4)  under AS 33.16.210, discharge a person from parole when custody                                    
17       is no longer required;                                                                                            
18                 (5)  maintain records of the meetings and proceedings of the board;                                     
19                 (6)  recommend to the governor and the legislature changes in the law                                   
20       administered by the board;                                                                                        
21                 (7)  recommend to the governor or the commissioner changes in the                                       
22       practices of the department and of other departments of the executive branch                                      
23       necessary to facilitate the purposes and practices of parole;                                                     
24                 (8)  upon request of the governor, review and recommend applicants                                      
25       for executive clemency; and                                                                                       
26                 (9)  execute other responsibilities prescribed by law.                                                  
27    * Sec. 101. AS 33.16 is amended by adding a new section to read:                                                   
28            Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner                                      
29       convicted of a class B or C felony that is not a sex offense as defined in AS 12.63.100                           
30       who has not been previously convicted of a felony in this or another jurisdiction and                             
31       who has been sentenced to an active term of imprisonment of at least 181 days shall be                            
01       released on administrative parole by the board without a hearing if                                               
02                 (1)  the prisoner has served the greater of                                                             
03                      (A)  one-fourth of the active term of imprisonment imposed;                                        
04                      (B)  the mandatory minimum term of imprisonment imposed; or                                        
05                      (C)  a term of imprisonment imposed under AS 12.55.115;                                            
06                 (2)  the prisoner is not excluded from eligibility for administrative                                   
07       parole by court order;                                                                                            
08                 (3)  the prisoner has agreed to and signed the conditions of parole under                               
09       AS 33.16.050;                                                                                                     
10                 (4)  the victim does not request a hearing to consider issues of public                                 
11       safety under AS 33.16.120; and                                                                                    
12                 (5)  the prisoner has met the requirements of the case plan established                                 
13       under AS 33.30.011(8).                                                                                            
14            (b)  If a prisoner who is eligible for discretionary parole under AS 33.16.090                               
15       does not meet the criteria for release on administrative parole under (a) of this section,                        
16       the board shall consider the prisoner for discretionary parole.                                                   
17            (c)  If a victim makes a request at least 60 days before the prisoner's earliest                             
18       parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the                             
19       hearing not later than 30 days before the prisoner's earliest parole eligibility date. The                        
20       board may release or deny release of a prisoner on administrative parole after the                                
21       hearing.                                                                                                          
22            (d)  The board shall send notice to the victim at least 90 days before the                                   
23       prisoner's earliest parole eligibility date and provide instructions on how to request a                          
24       hearing under AS 33.16.120.                                                                                       
25    * Sec. 102. AS 33.16.090(a) is amended to read:                                                                    
26            (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                  
27       days and who has not been released on administrative parole as provided in                                    
28       AS 33.16.089 may, in the discretion of the board, be released on discretionary parole                         
29       if the prisoner                                                                                                   
30                 (1)  has served the amount of time specified under (b) of this section,                             
31       except that                                                                                                       
01                      (A) [(1)]  a prisoner sentenced to one or more mandatory 99-                                   
02            year terms under AS 12.55.125(a) or one or more definite terms under                                         
03            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
04                      (B) [(2)]  a prisoner is not eligible for consideration of                                     
05            discretionary parole if made ineligible by order of a court under AS 12.55.115;                              
06                      (C) [(3)]  a prisoner imprisoned under AS 12.55.086 is not                                     
07            eligible for discretionary parole unless the actual term of imprisonment is more                             
08            than one year; or                                                                                        
09                 (2)  is at least 60 years of age, has served at least 10 years of a                                 
10       sentence for one or more crimes in a single judgment, and has not been convicted                              
11       of an unclassified felony or a sexual felony as defined in AS 12.55.185.                                      
12    * Sec. 103. AS 33.16.090(b) is amended to read:                                                                    
13            (b)  A prisoner eligible under (a)(1) of this section who is sentenced                                   
14                 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                       
15       released on discretionary parole until the prisoner has served the mandatory minimum                              
16       term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment                                   
17       imposed, or any term set under AS 12.55.115, whichever is greatest;                                               
18                 (2)  to a single sentence within or below a presumptive range set out in                                
19       AS 12.55.125(i)(1)(C) - (F) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)],                          
20       and has not been allowed by the three-judge panel under AS 12.55.175 to be                                        
21       considered for discretionary parole release, may not be released on discretionary                                 
22       parole until the prisoner has served the term imposed, less good time earned under                                
23       AS 33.20.010;                                                                                                     
24                 (3)  to a single sentence under AS 12.55.125(i)(1)(C) - (F)                                         
25       [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], and has been allowed by the                              
26       three-judge panel under AS 12.55.175 to be considered for discretionary parole release                            
27       during the second half of the sentence, may not be released on discretionary parole                               
28       until                                                                                                             
29                      (A)  the prisoner has served that portion of the active term of                                    
30            imprisonment required by the three-judge panel; and                                                          
31                      (B)  in addition to the factors set out in AS 33.16.100(a), the                                    
01            board determines that                                                                                        
02                           (i)  the prisoner has successfully completed all                                              
03                 rehabilitation programs ordered by the three-judge panel that were                                      
04                 made available to the prisoner; and                                                                     
05                           (ii)  the prisoner would not constitute a danger to the                                       
06                 public if released on parole;                                                                           
07                 (4)  to a single enhanced sentence under AS 12.55.155(a) that is above                                  
08       the applicable presumptive range may not be released on discretionary parole until the                            
09       prisoner has served the greater of the following:                                                                 
10                      (A)  an amount of time, less good time earned under                                                
11            AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                
12            of the amount of time above the presumptive range; or                                                        
13                      (B)  any term set under AS 12.55.115;                                                              
14                 (5)  to a single sentence under any other provision of law may not be                                   
15       released on discretionary parole until the prisoner has served at least one-fourth of the                         
16       active term of imprisonment, any mandatory minimum sentence imposed under any                                     
17       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
18                 (6)  to concurrent sentences may not be released on discretionary parole                                
19       until the prisoner has served the greatest of                                                                     
20                      (A)  any mandatory minimum sentence or sentences imposed                                           
21            under any provision of law;                                                                                  
22                      (B)  any term set under AS 12.55.115; or                                                           
23                      (C)  the amount of time that is required to be served under (1) -                                  
24            (5) of this subsection for the sentence imposed for the primary crime, had that                              
25            been the only sentence imposed;                                                                              
26                 (7)  to consecutive or partially consecutive sentences may not be                                       
27       released on discretionary parole until the prisoner has served the greatest of                                    
28                      (A)  the composite total of any mandatory minimum sentence or                                      
29            sentences imposed under any provision of law, including AS 12.55.127;                                        
30                      (B)  any term set under AS 12.55.115; or                                                           
31                      (C)  the amount of time that is required to be served under (1) -                                  
01            (5) of this subsection for the sentence imposed for the primary crime, had that                              
02            been the only sentence imposed, plus one-quarter of the composite total of the                               
03            active term of imprisonment imposed as consecutive or partially consecutive                                  
04            sentences imposed for all crimes other than the primary crime.                                               
05    * Sec. 104. AS 33.16.100(a) is amended to read:                                                                    
06            (a)  The board may authorize the release of a prisoner convicted of an                                   
07       unclassified felony who is otherwise eligible under AS 12.55.115 and                                          
08       AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability                          
09       exists that                                                                                                       
10                 (1)  the prisoner will live and remain at liberty without violating any                                 
11       laws or conditions imposed by the board;                                                                          
12                 (2)  the prisoner's rehabilitation and reintegration into society will be                               
13       furthered by release on parole;                                                                                   
14                 (3)  the prisoner will not pose a threat of harm to the public if released                              
15       on parole; and                                                                                                    
16                 (4)  release of the prisoner on parole would not diminish the                                           
17       seriousness of the crime.                                                                                         
18    * Sec. 105. AS 33.16.100(b) is amended to read:                                                                    
19            (b)  If the board finds a change in circumstances in a prisoner's preparole                              
20       reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED                                              
21       UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who                                    
22       has been granted a parole release date, the board may rescind or revise the previously                            
23       granted parole release date. In reconsidering the release date, the procedures set out in                         
24       AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed.                                                     
25    * Sec. 106. AS 33.16.100 is amended by adding new subsections to read:                                             
26            (f)  The board shall authorize the release of a prisoner who has been convicted                              
27       of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole                            
28       under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created                               
29       under AS 33.30.011(8), has agreed to and signed the condition of parole under                                     
30       AS 33.16.150, and has not been released on administrative parole under AS 33.16.089,                              
31       unless the board finds by clear and convincing evidence on the record that the prisoner                           
01       poses a threat of harm to the public if released on parole. If the board finds that the                           
02       incomplete case plan is not the fault of the prisoner or that the prisoner would not pose                         
03       a threat of harm to the public if released on parole, the board may waive the case plan                           
04       requirement.                                                                                                      
05            (g)  When considering a prisoner for release on discretionary parole under                                   
06       AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the                            
07       prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior                          
08       in prison, participation in treatment, and plans for reentering the community, a                                  
09       reasonable probability exists that                                                                                
10                 (1)  the prisoner will live and remain at liberty without violating any                                 
11       laws or conditions imposed by the board;                                                                          
12                 (2)  the prisoner's rehabilitation and reintegration into society will be                               
13       furthered by release on parole;                                                                                   
14                 (3)  the prisoner will not pose a threat of harm to the public if released                              
15       on parole; and                                                                                                    
16                 (4)  release of the prisoner on parole would not diminish the                                           
17       seriousness of the crime.                                                                                         
18    * Sec. 107. AS 33.16.110(a) is amended to read:                                                                    
19            (a)  In determining whether a prisoner is suitable for discretionary parole, the                             
20       board shall consider the preparole reports including                                                              
21                 (1)  the presentence report made to the sentencing court;                                               
22                 (2)  the recommendations made by the sentencing court, by the                                           
23       prosecuting attorney, and by the defense attorney, and any statements made by the                                 
24       victim or the prisoner at sentencing;                                                                             
25                 (3)  the prisoner's institutional conduct history while incarcerated;                                   
26                 (4)  recommendations made by the staff of the correctional facilities in                                
27       which the prisoner was incarcerated;                                                                              
28                 (5)  reports of prior crimes, juvenile histories, and previous experiences                              
29       of the prisoner on parole or probation;                                                                           
30                 (6)  physical, mental, and psychiatric examinations of the prisoner;                                    
31                 (7)  information submitted by the prisoner, the sentencing court, the                                   
01       victim of the crime, the prosecutor, or other persons having knowledge of the prisoner                            
02       or the crime;                                                                                                     
03                 (8)  information concerning an unjustified disparity in the sentence                                    
04       imposed on a prisoner in relation to other sentences imposed under similar                                        
05       circumstances; [AND]                                                                                              
06                 (9)  other relevant information that may be reasonably available;                                   
07                 (10)  the case plan created under AS 33.30.011(8) for the prisoner,                                 
08       including a compliance report on the case plan; and                                                           
09                 (11)  a reentry plan created under AS 33.30.011(9).                                                 
10    * Sec. 108. AS 33.16.120(a) is amended to read:                                                                    
11            (a)  If the victim of a crime against a person or arson in the first degree                                  
12       requests notice of a scheduled hearing to review or consider discretionary parole for a                           
13       prisoner convicted of that crime, the board shall send notice of the hearing to the                               
14       victim at least 30 days before the hearing. The notice must be accompanied by a copy                              
15       of the prisoner's preparole reports listed in AS 33.16.110 [APPLICATION FOR                                   
16       PAROLE SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the                                                 
17       preparole reports [APPLICATION] sent to the victim may not include the prisoner's                             
18       confidential health information, information protected under AS 33.16.170,                                    
19       proposed residence, or [AND] employment addresses.                                                            
20    * Sec. 109. AS 33.16.120(f) is amended to read:                                                                    
21            (f)  Upon request of the victim, if a prisoner is released under AS 33.16.010(c),                            
22       33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the                           
23       victim before the prisoner's release date. Notification under this subsection must                                
24       include the expected date of the prisoner's release, the geographic area in which the                             
25       prisoner is required to reside, and other pertinent information concerning the prisoner's                         
26       conditions of parole that may affect the victim.                                                                  
27    * Sec. 110. AS 33.16.120(g) is amended to read:                                                                    
28            (g)  A victim of a crime involving domestic violence or of a sexual assault                              
29       under AS 11.41.200 - 11.41.230 shall be informed by the board at least 30 days in                             
30       advance of a scheduled hearing to review or consider [DISCRETIONARY] parole for                                   
31       a prisoner. The board shall inform the victim of any decision to grant or deny                                    
01       [DISCRETIONARY] parole or to release the prisoner under AS 33.16.010(c). If the                                   
02       prisoner is to be released, the victim shall be notified of the expected date of the                              
03       release, the geographic area in which the prisoner will reside, and any other                                     
04       information concerning conditions of parole that may affect the victim. The victim                                
05       shall also be informed of any changes in the conditions of parole that may affect the                             
06       victim. The board shall send the notice required to the last known address of the                                 
07       victim. A person may not bring a civil action for damages for a failure to comply with                            
08       the provisions of this subsection.                                                                                
09    * Sec. 111. AS 33.16.120 is amended by adding a new subsection to read:                                            
10            (h)  A victim who has a right to notice under (a) of this section may request a                              
11       hearing before a prisoner is released on administrative parole under AS 33.16.089. The                            
12       notice to the victim must include the procedure and time frame for requesting a                                   
13       hearing.                                                                                                          
14    * Sec. 112. AS 33.16.130 is repealed and reenacted to read:                                                      
15            Sec. 33.16.130. Parole procedures; consultation before parole. (a) The                                     
16       parole board shall hold a hearing before granting an eligible prisoner special medical                            
17       or discretionary parole. The board shall also hold a hearing if requested by a victim                             
18       under procedures established for the request for a prisoner eligible for administrative                           
19       parole. A hearing shall be conducted within the following time frames:                                            
20                 (1)  for prisoners eligible under AS 33.16.100(a) or (f), not less than 90                              
21       days before the first parole eligibility date, unless the prisoner is eligible for                                
22       administrative parole;                                                                                            
23                 (2)  for all other prisoners, not less than 30 days after the board is                                  
24       notified of the need for a hearing by the commissioner or the commissioner's designee.                            
25            (b)  The commissioner or the commissioner's designee shall furnish a copy of                                 
26       the preparole reports listed in AS 33.16.110(a), and the prisoner shall be permitted                              
27       access to all records that the board will consider in making its decision except those                            
28       that are made confidential by law. The prisoner may also respond in writing to all                                
29       materials the board considers, be present at the hearing, and present evidence to the                             
30       board.                                                                                                            
31            (c)  If the board denies parole, the board shall state the reasons for the denial,                           
01       identify all of the factors considered relevant to the denial, and provide a written plan                         
02       for addressing all of the factors relevant to the denial. The board may schedule a                                
03       subsequent parole hearing at the time of the denial or at a later date as follows:                                
04                 (1)  for the first parole denial, within two years after the first parole                               
05       eligibility date;                                                                                                 
06                 (2)  for the second and subsequent denials, within two years after the                                  
07       most recent parole hearing.                                                                                       
08            (d)  The board shall issue its decision in writing and provide a copy of the                                 
09       decision to the prisoner.                                                                                         
10            (e)  Before granting parole to a prisoner under this chapter, the board shall                                
11       consult with a corrections officer designated by the commissioner.                                                
12    * Sec. 113. AS 33.16.140 is amended to read:                                                                       
13            Sec. 33.16.140. Order for parole. An order for parole issued by the board,                                 
14       setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole                              
15       custody ends, shall be furnished to each prisoner released on special medical,                                    
16       administrative, discretionary, or mandatory parole.                                                           
17    * Sec. 114. AS 33.16.150(a) is amended to read:                                                                    
18            (a)  As a condition of parole, a prisoner released on special medical,                                       
19       administrative, discretionary, or mandatory parole                                                            
20                 (1)  shall obey all state, federal, or local laws or ordinances, and any                                
21       court orders applicable to the parolee;                                                                           
22                 (2)  shall make diligent efforts to maintain steady employment or meet                                  
23       family obligations;                                                                                               
24                 (3)  shall, if involved in education, counseling, training, or treatment,                               
25       continue in the program unless granted permission from the parole officer assigned to                             
26       the parolee to discontinue the program;                                                                           
27                 (4)  shall report                                                                                       
28                      (A)  upon release to the parole officer assigned to the parolee;                                   
29                      (B)  at other times, and in the manner, prescribed by the board                                    
30            or the parole officer assigned to the parolee;                                                               
31                 (5)  shall reside at a stated place and not change that residence without                               
01       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
02                 (6)  shall remain within stated geographic limits unless written                                        
03       permission to depart from the stated limits is granted the parolee;                                               
04                 (7)  may not use, possess, handle, purchase, give, distribute, or                                       
05       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
06       drug for which a prescription is required under state or federal law without a                                    
07       prescription from a licensed medical professional to the parolee;                                                 
08                 (8)  may not possess or control a firearm; in this paragraph, "firearm"                                 
09       has the meaning given in AS 11.81.900;                                                                            
10                 (9)  may not enter into an agreement or other arrangement with a law                                    
11       enforcement agency or officer that will place the parolee in the position of violating a                          
12       law or parole condition without the prior approval of the board;                                                  
13                 (10)  may not contact or correspond with anyone confined in a                                           
14       correctional facility of any type serving any term of imprisonment or a felon without                             
15       the permission of the parole officer assigned to a parolee;                                                       
16                 (11)  shall agree to waive extradition from any state or territory of the                               
17       United States and to not contest efforts to return the parolee to the state;                                      
18                 (12)  shall provide a blood sample, an oral sample, or both, when                                       
19       requested by a health care professional acting on behalf of the state to provide the                              
20       sample or samples, or an oral sample when requested by a juvenile or adult                                        
21       correctional, probation, or parole officer, or a peace officer, if the prisoner is being                          
22       released after a conviction of an offense requiring the state to collect the sample or                            
23       samples for the deoxyribonucleic acid identification system under AS 44.41.035;                                   
24                 (13)  from a conviction for a sex offense shall submit to regular                                       
25       periodic polygraph examinations; in this paragraph, "sex offense" has the meaning                                 
26       given in AS 12.63.100.                                                                                            
27    * Sec. 115. AS 33.16.150(b) is amended to read:                                                                    
28            (b)  The board may require as a condition of special medical, administrative,                            
29       discretionary, or mandatory parole, or a member of the board acting for the board                                 
30       under (e) of this section may require as a condition of administrative or mandatory                           
31       parole, that a prisoner released on parole                                                                        
01                 (1)  not possess or control a defensive weapon, a deadly weapon other                                   
02       than an ordinary pocket knife with a blade three inches or less in length, or                                     
03       ammunition for a firearm, or reside in a residence where there is a firearm capable of                            
04       being concealed on one's person or a prohibited weapon; in this paragraph, "deadly                                
05       weapon," "defensive weapon," and "firearm" have the meanings given in                                             
06       AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200;                                      
07                 (2)  refrain from possessing or consuming alcoholic beverages;                                          
08                 (3)  submit to reasonable searches and seizures by a parole officer, or a                               
09       peace officer acting under the direction of a parole officer;                                                     
10                 (4)  submit to appropriate medical, mental health, or controlled                                        
11       substance or alcohol examination, treatment, or counseling;                                                       
12                 (5)  submit to periodic examinations designed to detect the use of                                      
13       alcohol or controlled substances; the periodic examinations may include testing under                             
14       the program established under AS 33.16.060(c);                                                                    
15                 (6)  make restitution ordered by the court according to a schedule                                      
16       established by the board;                                                                                         
17                 (7)  refrain from opening, maintaining, or using a checking account or                                  
18       charge account;                                                                                                   
19                 (8)  refrain from entering into a contract other than a prenuptial contract                             
20       or a marriage contract;                                                                                           
21                 (9)  refrain from operating a motor vehicle;                                                            
22                 (10)  refrain from entering an establishment where alcoholic beverages                                  
23       are served, sold, or otherwise dispensed;                                                                         
24                 (11)  refrain from participating in any other activity or conduct                                       
25       reasonably related to the parolee's offense, prior record, behavior or prior behavior,                            
26       current circumstances, or perceived risk to the community, or from associating with                               
27       any other person that the board determines is reasonably likely to diminish the                                   
28       rehabilitative goals of parole, or that may endanger the public; in the case of special                           
29       medical parole, for a prisoner diagnosed with a communicable disease, comply with                                 
30       conditions set by the board designed to prevent the transmission of the disease.                                  
31    * Sec. 116. AS 33.16.150(e) is amended to read:                                                                    
01            (e)  The board may designate a member of the board to act on behalf of the                                   
02       board in imposing conditions of administrative or mandatory parole under (a) and (b)                          
03       of this section, in delegating imposition of conditions of administrative or mandatory                        
04       parole under (c) of this section, and in setting the period of compliance with the                                
05       conditions of administrative or mandatory parole under (d) of this section. The                               
06       decision of a member of the board under this section is the decision of the board. A                              
07       prisoner or parolee aggrieved by a decision of a member of the board acting for the                               
08       board under this subsection may apply to the board under AS 33.16.160 for a change                                
09       in the conditions of administrative or mandatory parole.                                                      
10    * Sec. 117. AS 33.16.150(f) is amended to read:                                                                    
11            (f)  In addition to other conditions of parole imposed under this section, the                               
12       board may impose as a condition of special medical, administrative, discretionary, or                         
13       mandatory parole for a prisoner serving a term for a crime involving domestic                                     
14       violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a                          
15       requirement that, at the prisoner's expense, the prisoner participate in and complete, to                         
16       the satisfaction of the board, a program for the rehabilitation of perpetrators of                                
17       domestic violence that meets the standards set by, and that is approved by, the                                   
18       department under AS 44.28.020(b); and (3) any other condition necessary to                                        
19       rehabilitate the prisoner. The board shall establish procedures for the exchange of                               
20       information concerning the parolee with the victim and for responding to reports of                               
21       nonattendance or noncompliance by the parolee with conditions imposed under this                                  
22       subsection. The board may not under this subsection require a prisoner to participate                             
23       in and complete a program for the rehabilitation of perpetrators of domestic violence                             
24       unless the program meets the standards set by, and is approved by, the department                                 
25       under AS 44.28.020(b).                                                                                            
26    * Sec. 118. AS 33.16.150(g) is amended to read:                                                                    
27            (g)  In addition to other conditions of parole imposed under this section for a                              
28       prisoner serving a sentence for an offense where the aggravating factor provided in                               
29       AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a                                      
30       condition of special medical, administrative, discretionary, and mandatory parole a                           
31       requirement that the prisoner submit to electronic monitoring. Electronic monitoring                              
01       under this subsection must comply with AS 33.30.011(10) and provide for                                       
02       monitoring of the prisoner's location and movements by Global Positioning System                                  
03       technology. The board shall require a prisoner serving a period of parole                                     
04       [PROBATION] with electronic monitoring as provided under this subsection to pay                                   
05       all or a portion of the costs of the electronic monitoring, but only if the prisoner has                          
06       sufficient financial resources to pay the costs or a portion of the costs. A prisoner                             
07       subject to electronic monitoring under this subsection is not entitled to a credit for                            
08       time served in a correctional facility while the defendant is on parole. In this                                  
09       subsection, "correctional facility" has the meaning given in AS 33.30.901.                                        
10    * Sec. 119. AS 33.16.150 is amended by adding a new subsection to read:                                            
11            (h)  In addition to other conditions of parole imposed under this section, for a                             
12       prisoner serving a sentence for an offense involving the use of alcohol or controlled                             
13       substances, the board may impose, as a condition of special medical, administrative,                              
14       discretionary, or mandatory parole, a requirement that the prisoner comply with a                                 
15       program established under AS 33.16.060(c) or AS 47.38.020. The board may require a                                
16       prisoner serving a period of parole and complying with a program established under                                
17       AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with                              
18       the program.                                                                                                      
19    * Sec. 120. AS 33.16.180 is amended to read:                                                                       
20            Sec. 33.16.180. Duties of the commissioner. The commissioner shall                                         
21                 (1)  conduct investigations of prisoners eligible for administrative or                             
22       discretionary parole, as requested by the board and as provided in this section;                              
23                 (2)  supervise the conduct of parolees;                                                                 
24                 (3)  appoint and assign parole officers and personnel;                                                  
25                 (4)  provide the board, within 30 days after sentencing, information on                                 
26       a sentenced prisoner who may be eligible for administrative parole under                                      
27       AS 33.16.089 or discretionary parole under AS 33.16.090;                                                      
28                 (5)  notify the board and provide information on a prisoner 120 days                                    
29       before the prisoner's mandatory release date, if the prisoner is to be released on [TO]                       
30       mandatory parole; [AND]                                                                                           
31                 (6)  maintain records, files, and accounts as requested by the board;                               
01                 (7)  prepare preparole reports under AS 33.16.110(a);                                               
02                 (8)  notify the board in writing of a prisoner's compliance or                                      
03       noncompliance with the prisoner's case plan created under AS 33.30.011(8) not                                 
04       less than 30 days before the prisoner's next parole eligibility date or the                                   
05       prisoner's parole hearing date, whichever is earlier;                                                         
06                 (9)  establish an administrative sanction and incentive program to                                  
07       facilitate a swift and certain response to a parolee's compliance with or violation                           
08       of the conditions of parole and shall adopt regulations to implement the program;                             
09       at a minimum, the regulations must include                                                                    
10                      (A)  a decision-making process to guide parole officers in                                     
11            determining the suitable response to positive and negative offender                                      
12            behavior that includes a list of sanctions for the most common types of                                  
13            negative behavior, including technical violations of conditions of parole,                               
14            and a list of incentives for compliance with conditions and positive                                     
15            behavior that exceeds those conditions;                                                                  
16                      (B)  policies and procedures that ensure                                                       
17                           (i)  a process for responding to negative behavior                                        
18                 that includes a review of previous violations and sanctions;                                        
19                           (ii)  that enhanced sanctions for certain negative                                        
20                 conduct are approved by the commissioner or the commissioner's                                      
21                 designee; and                                                                                       
22                           (iii)  that appropriate due process protections are                                       
23                 included in the process, including notice of negative behavior, an                                  
24                 opportunity to dispute the accusation and the sanction, and an                                      
25                 opportunity to request a review of the accusation and the sanction;                                 
26                 and                                                                                                 
27                 (10)  within 30 days after sentencing of an offender, provide the                                   
28       victim of a crime information on the earliest dates the offender could be released                            
29       on furlough, probation, or parole, including deductions or reductions for good                                
30       time or other good conduct incentives and the process for release, including                                  
31       contact information for the decision-making bodies.                                                           
01    * Sec. 121. AS 33.16.200 is amended to read:                                                                       
02            Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the                                
03       board retains custody of special medical, administrative, discretionary, and                                  
04       mandatory parolees until the expiration of the maximum term or terms of                                           
05       imprisonment to which the parolee is sentenced.                                                                   
06    * Sec. 122. AS 33.16.210 is amended to read:                                                                       
07            Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally                                    
08       discharge a parolee from the jurisdiction and custody of the board after the parolee has                          
09       completed one year [TWO YEARS] of parole. A discretionary parolee with a residual                             
10       period of probation may, after one year [TWO YEARS] of parole, be discharged by                               
11       the board to immediately begin serving the residual period of probation.                                          
12            (b)  Notwithstanding (a) of this section, the board may unconditionally                                      
13       discharge a mandatory parolee before the parolee has completed one year [TWO                                  
14       YEARS] of parole if the parolee is serving a concurrent period of residual probation                              
15       under AS 33.20.040(c), and the period of residual probation and the period of                                     
16       suspended imprisonment each equal or exceed the period of mandatory parole.                                       
17    * Sec. 123. AS 33.16.210 is amended by adding a new subsection to read:                                            
18            (c)  A parole officer shall recommend to the board early discharge for all                                   
19       parolees who                                                                                                      
20                 (1)  have completed at least one year on parole;                                                        
21                 (2)  have completed all treatment programs required as a condition of                                   
22       parole;                                                                                                           
23                 (3)  have been in compliance with all conditions of parole for at least                                 
24       one year; and                                                                                                     
25                 (4)  have not been convicted of an unclassified felony offense, a sexual                                
26       felony as defined by AS 12.55.185, or a crime involving domestic violence as defined                              
27       by AS 18.66.990.                                                                                                  
28    * Sec. 124. AS 33.16 is amended by adding a new section to read:                                                   
29            Sec. 33.16.215. Sanctions for a technical violation of parole. (a) If a parolee                            
30       is serving a period of parole for an offense, the board may find that the parolee has                             
31       committed a technical violation of parole. If the board finds that a parolee has                                  
01       committed a technical violation of parole that does not include absconding, the board                             
02       may revoke parole and return the parolee to the custody of the commissioner and then                              
03       place the person back on parole after the appropriate period of time below:                                       
04                 (1)  three days for the first technical violation of parole filed with the                              
05       board;                                                                                                            
06                 (2)  five days for the second technical violation of parole filed with the                              
07       board;                                                                                                            
08                 (3)  10 days for the third technical violation of parole filed with the                                 
09       board; and                                                                                                        
10                 (4)  up to the remainder of the sentence for a fourth or subsequent                                     
11       technical violation of parole.                                                                                    
12            (b)  If the board revokes a parolee's parole for absconding, the board may                                   
13       impose a period of imprisonment not to exceed 30 days.                                                            
14            (c)  The limits on length of imprisonment the board may impose under this                                    
15       section if the board revokes a parolee's parole do not apply if the parolee is enrolled in                        
16       the program established under AS 33.16.060(c).                                                                    
17            (d)  If the defendant is ordered to complete treatment under AS 33.16.150(a)(3)                              
18       and does not comply with the board's order, the board may order the parolee to show                               
19       cause why the board should not revoke the parole for noncompletion of treatment. In a                             
20       parole revocation proceeding brought as a result of failure to complete treatment, it is                          
21       an affirmative defense that the parolee was unable to afford the cost of treatment or                             
22       secure a place in a free treatment program, despite having made continuing good faith                             
23       efforts. If the board finds that the parolee was unable to complete treatment despite                             
24       having made continuing good faith efforts, the parole may not be revoked solely                                   
25       because of an inability to pay. If the board does not find that the noncompletion of                              
26       treatment was attributable to the parolee's inability to pay, the board may revoke                                
27       parole subject to the limits established in this section.                                                         
28            (e)  In this section,                                                                                        
29                 (1)  "absconding" means failing to report within five working days after                                
30       release from custody under AS 33.20.030 or failing to report for a scheduled meeting                              
31       with a parole officer, as directed by the board or the parole officer, and failing to make                        
01       contact with the parole officer within 30 days following the missed meeting;                                      
02                 (2)  "technical violation" means a violation of the conditions of parole                                
03       that does not result from                                                                                         
04                      (A)  an arrest for a new criminal offense;                                                         
05                      (B)  failing to complete sex offender treatment; or                                                
06                      (C)  failing to complete an intervention program for batterers.                                    
07    * Sec. 125. AS 33.16.220(b) is amended to read:                                                                    
08            (b)  If a parolee has been arrested for the commission of a new criminal                                 
09       offense or for failing to complete a sex offender treatment program, except                                   
10       [EXCEPT] as provided in (e) of this section, the board or its designee shall hold a                           
11       preliminary hearing within 15 working days after the arrest and incarceration of a                            
12       parolee for violation of a condition of parole [, THE BOARD OR ITS DESIGNEE                                       
13       SHALL HOLD A PRELIMINARY HEARING]. At the preliminary hearing, the board                                          
14       or its designee shall determine if there is probable cause to believe that the parolee                            
15       violated the conditions of parole and, when probable cause exists, whether the parolee                            
16       should be released pending a final revocation hearing. A finding of probable cause at a                           
17       preliminary hearing in a criminal case is conclusive proof of probable cause that a                               
18       parole violation occurred.                                                                                        
19    * Sec. 126. AS 33.16.220(f) is amended to read:                                                                    
20            (f)  If a parolee has had a preliminary hearing under (b) of this section, the                           
21       [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a                        
22       parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this                              
23       section.                                                                                                          
24    * Sec. 127. AS 33.16.220(i) is amended to read:                                                                    
25            (i)  If, after the final revocation hearing, the board finds that the parolee has                            
26       violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                            
27       ordinance, the board may revoke all or a portion of the remaining period of parole                            
28       subject to the limits set out in AS 33.16.215, or change any condition of parole. The                     
29       board cannot extend the period of parole beyond the maximum release date                                      
30       calculated by the department on the parolee's original sentence.                                              
31    * Sec. 128. AS 33.16.220 is amended by adding a new subsection to read:                                            
01            (j)  If a parolee has been arrested for a technical violation of conditions of                               
02       parole, the board or its designee shall hold a final hearing within 15 working days.                              
03    * Sec. 129. AS 33.16.240 is amended by adding new subsections to read:                                             
04            (h)  A parolee arrested under this section for a technical violation shall be                                
05       released once the parolee has served the maximum number of days that could be                                     
06       served for a technical violation under AS 33.16.215. Nothing in this subsection                                   
07       prohibits the board or its designee from releasing a parolee sooner.                                              
08            (i)  The board or its designee may impose additional conditions necessary to                                 
09       ensure the parolee's appearance at a hearing held under AS 33.16.220(h).                                          
10    * Sec. 130. AS 33.16 is amended by adding a new section to read:                                                   
11            Sec. 33.16.270. Earned compliance credits. The commissioner shall establish                                
12       by regulation a program allowing parolees to earn credits for complying with the                                  
13       conditions of parole. The earned compliance credits reduce the period of parole.                                  
14       Nothing in this section prohibits the department from recommending to the board the                               
15       early discharge of the parolee as provided in AS 33.16. At a minimum, the regulations                             
16       must                                                                                                              
17                 (1)  require that a parolee earn a credit of 30 days for each month                                     
18       served in which the parolee complied with the conditions of parole;                                               
19                 (2)  include policies and procedures for                                                                
20                      (A)  calculating and tracking credits earned by parolees;                                          
21                      (B)  reducing the parolee's period of parole based on credits                                      
22            earned by the parolee;                                                                                       
23                      (C)  notifying the court at least 30 days before the earliest date                                 
24            the parolee's period of parole will be served based on credits earned by the                                 
25            parolee; and                                                                                                 
26                      (D)  notifying a victim under AS 33.30.013.                                                        
27    * Sec. 131. AS 33.16.900 is amended by adding new paragraphs to read:                                              
28                 (14)  "administrative parole" means the release of a prisoner who is                                    
29       eligible for administrative parole under AS 33.16.089 and who has satisfied the                                   
30       criteria for release, subject to conditions imposed by the board and subject to its                               
31       custody and jurisdiction;                                                                                         
01                 (15)  "administrative sanctions and incentives" means responses by a                                    
02       parole officer to a parolee's compliance with or violation of the conditions of parole                            
03       under AS 33.16.180.                                                                                               
04    * Sec. 132. AS 33.20.010(a) is amended to read:                                                                    
05            (a)  Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner                                      
06       convicted of an offense against the state or a political subdivision of the state and                             
07       sentenced to a term of imprisonment that exceeds three days is entitled to a deduction                            
08       of one-third of the term of imprisonment rounded off to the nearest day if the prisoner                           
09       follows the rules of the correctional facility in which the prisoner is confined. A                               
10       prisoner is not eligible for a good time deduction if the prisoner has been sentenced                             
11                 (1)  to a mandatory 99-year term of imprisonment under                                                  
12       AS 12.55.125(a) after June 27, 1996;                                                                              
13                 (2)  to a definite term under AS 12.55.125(l); [OR]                                                     
14                 (3)  for a sexual felony under AS 12.55.125(i)                                                          
15                      (A)  and has one or more prior sexual felony convictions as                                        
16            determined under AS 12.55.145(a)(4); or                                                                      
17                      (B)  that is an unclassified or a class A felony; or                                           
18                 (4)  to a definite term of imprisonment of not more than 10 days for                                
19       a technical violation of AS 12.55.110(c) or AS 33.16.215.                                                     
20    * Sec. 133. AS 33.20.010(c) is amended to read:                                                                    
21            (c)  A prisoner may not be awarded a good time deduction under (a) of this                                   
22       section for any period spent in a treatment program or [,] in a private residence unless,                 
23       during that time, the prisoner was [, OR WHILE] under electronic monitoring.                                  
24    * Sec. 134. AS 33.20.010 is amended by adding a new subsection to read:                                            
25            (d)  Notwithstanding (a) and (c) of this section, the commissioner of                                        
26       corrections shall award to a prisoner convicted of a sexual offense that is ineligible for                        
27       a deduction under (a)(3)(A) or (B) of this section and sentenced to a term of                                     
28       imprisonment that exceeds three days a deduction of one-fifth of the term of                                      
29       imprisonment rounded off to the nearest day for periods during which the prisoner                                 
30       follows the rules of the correctional facility in which the prisoner is confined. The                             
31       commissioner may not award the deduction under this subsection until the prisoner                                 
01       completes the treatment requirements in the prisoner's case plan.                                                 
02    * Sec. 135. AS 33.30.011 is amended to read:                                                                       
03            Sec. 33.30.011. Duties of commissioner. The commissioner shall                                             
04                 (1)  establish, maintain, operate, and control correctional facilities                                  
05       suitable for the custody, care, and discipline of persons charged or convicted of                                 
06       offenses against the state or held under authority of state law; each correctional facility                       
07       operated by the state shall be established, maintained, operated, and controlled in a                             
08       manner that is consistent with AS 33.30.015;                                                                      
09                 (2)  classify prisoners;                                                                                
10                 (3)  for persons committed to the custody of the commissioner,                                          
11       establish programs, including furlough programs that are reasonably calculated to                                 
12                      (A)  protect the public and the victims of crimes committed by                                     
13            prisoners;                                                                                                   
14                      (B)  maintain health;                                                                              
15                      (C)  create or improve occupational skills;                                                        
16                      (D)  enhance educational qualifications;                                                           
17                      (E)  support court-ordered restitution; and                                                        
18                      (F)  otherwise provide for the rehabilitation and reformation of                                   
19            prisoners, facilitating their reintegration into society;                                                    
20                 (4)  provide necessary                                                                                  
21                      (A)  medical services for prisoners in correctional facilities or                                  
22            who are committed by a court to the custody of the commissioner, including                                   
23            examinations for communicable and infectious diseases;                                                       
24                      (B)  psychological or psychiatric treatment if a physician or                                      
25            other health care provider, exercising ordinary skill and care at the time of                                
26            observation, concludes that                                                                                  
27                           (i)  a prisoner exhibits symptoms of a serious disease or                                     
28                 injury that is curable or may be substantially alleviated; and                                          
29                           (ii)  the potential for harm to the prisoner by reason of                                     
30                 delay or denial of care is substantial; and                                                             
31                      (C)  assessment or screening of the risks and needs of offenders                                   
01            who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                              
02            alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                    
03            disorder;                                                                                                    
04                 (5)  establish minimum standards for sex offender treatment programs                                    
05       offered to persons who are committed to the custody of the commissioner;                                          
06                 (6)  provide for fingerprinting in correctional facilities in accordance                                
07       with AS 12.80.060; [AND]                                                                                          
08                 (7)  establish a program to conduct assessments of the risks and needs                                  
09       of offenders sentenced to serve a term of incarceration of 30 days or more and provide                            
10       to the legislature, by electronic means, by January 15, 2017, and thereafter by                                   
11       January 15, preceding the first regular session of each legislature, a report                                     
12       summarizing the findings and results of the program; the program must include a                               
13       requirement for an assessment before a prisoner's release on parole, furlough, or                             
14       electronic monitoring from a correctional facility;                                                           
15                 (8)  establish a procedure that provides for each prisoner required                                 
16       to serve an active term of imprisonment of 30 days or more a written case plan                                
17       that                                                                                                          
18                      (A)  is provided to the prisoner within 90 days after                                          
19            sentencing;                                                                                              
20                      (B)  is based on the results of the assessment of the                                          
21            prisoner's risks and needs under (7) of this section;                                                    
22                      (C)  includes a requirement to follow the rules of the                                         
23            institution;                                                                                             
24                      (D)  is modified when necessary for changes in classification,                                 
25            housing status, medical or mental health, and resource availability;                                     
26                      (E)  includes participation in programming that addresses                                      
27            the needs identified in the assessment;                                                                  
28                 (9)  establish a program to begin reentry planning with each                                        
29       prisoner serving an active term of imprisonment of 90 days or more; reentry                                   
30       planning must begin at least 90 days before release on furlough or probation or                               
31       parole; the written reentry plan must be completed upon release on furlough or                                
01       probation or parole and must include                                                                          
02                      (A)  information on the prisoner's proposed                                                    
03                           (i)  residence;                                                                           
04                           (ii)  employment or alternative means of support;                                         
05                           (iii)  treatment options;                                                                 
06                           (iv)  counseling services;                                                                
07                           (v)  education or job training services;                                                  
08                      (B)  any other requirements for successful transition back to                                  
09            the community, including electronic monitoring or furlough for the period                                
10            between a scheduled parole hearing and parole eligibility; and                                           
11                 (10)  for offenders under electronic monitoring, establish                                          
12                      (A) minimum standards for electronic monitoring, including                                     
13            the requirement of active, real-time monitoring using global positioning                                 
14            systems; and                                                                                             
15                      (B)  procedures for oversight and approving electronic                                         
16            monitoring programs and systems provided by private contractors.                                       
17    * Sec. 136. AS 33.30.013(a) is amended to read:                                                                    
18            (a)  The commissioner shall notify the victim if the offender                                                
19                 (1)  escapes from custody;                                                                      
20                 (2)  is discharged from parole under AS 33.16; or                                                   
21                 (3)  is released to the community on a furlough, on an early release                                
22       program, or for any other reason.                                                                                 
23    * Sec. 137. AS 33.30.065(a) is amended to read:                                                                    
24            (a)  If the commissioner designates a prisoner to serve the prisoner's term of                               
25       imprisonment or period of temporary commitment, or a part of the term or period, by                               
26       electronic monitoring, the commissioner shall direct the prisoner to serve the term or                            
27       period at the prisoner's residence or other place selected by the commissioner. The                               
28       electronic monitoring shall be administered by the department or by a private                                 
29       contractor approved by the department under AS 33.30.011(10) and shall be                                     
30       designed so that any attempt to remove, tamper with, or disable the monitoring                                    
31       equipment or to leave the place selected for the service of the term or period will result                        
01       in a report or notice to the department.                                                                          
02    * Sec. 138. AS 33.30 is amended by adding a new section to read:                                                   
03            Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The                                 
04       commissioner shall establish a program to prepare a prisoner who is serving a sentence                            
05       of imprisonment exceeding one year for the prisoner's discharge, release on parole or                             
06       probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the                               
07       date of the prisoner's discharge, release, or furlough.                                                           
08            (b)  The program established under (a) of this section must include                                          
09                 (1)  instruction on                                                                                     
10                      (A)  obtaining state identification;                                                               
11                      (B)  community resources available for housing, employment,                                        
12            and treatment;                                                                                               
13                 (2)  an individualized reentry plan under AS 30.30.011(9) for the                                       
14       prisoner; and                                                                                                     
15                 (3)  probation and parole orientation, if appropriate.                                                  
16    * Sec. 139. AS 33.30.151 is amended to read:                                                                       
17            Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall                               
18       establish correctional restitution centers in the state. The purpose of the centers is to                         
19       provide certain offenders with rehabilitation through comprehensive treatment for                             
20       substance abuse, cognitive behavioral disorders, and other criminal risk factors,                             
21       including aftercare support, community service, and employment, while protecting                      
22       the community through partial incarceration of the offender, and to create a means to                             
23       provide restitution to victims of crimes.                                                                         
24            (b)  The commissioner shall adopt regulations setting standards for the                                      
25       operation of the centers including                                                                                
26                 (1)  requirements that the centers be secure and in compliance with                                     
27       state and local safety laws;                                                                                      
28                 (2)  standards for disciplinary rules to be imposed on prisoners confined                               
29       to the centers;                                                                                                   
30                 (3)  standards for the granting of emergency absence to prisoners                                       
31       confined to the centers;                                                                                          
01                 (4)  standards for classifying prisoners to centers;                                                    
02                 (5)  standards for mandatory employment and participation in                                            
03       community service programs in each center; [AND]                                                                  
04                 (6)  standards for periodic review of the performance of prisoners                                      
05       confined to the centers and quality assurance measures to ensure centers are                                  
06       meeting state standards and contractual obligations;                                                          
07                 (7)  standards for the provision of treatment, including substance                                  
08       abuse treatment, cognitive behavioral therapy, and aftercare designed to address                              
09       an offender's individual criminogenic needs; and                                                              
10                 (8)  standards and a process to assess an offender's risk of                                        
11       recidivating and the criminal risk factors and needs that reduce the risk of                                  
12       recidivating and ensure that                                                                                  
13                      (A)  high risk offenders with moderate to high needs are a                                     
14            priority for acceptance into a correctional restitution center; and                                      
15                      (B)  centers establish internal procedures to limit the mixing                                 
16            of low and high risk prisoners.                                                                          
17    * Sec. 140. AS 34.03.360(7) is amended to read:                                                                    
18                 (7)  "illegal activity involving a controlled substance" means a violation                              
19       of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1)                         
20       OR (2)], or 11.71.040(a)(1), (2), or (5);                                                                         
21    * Sec. 141. AS 43.23.065(b) is amended to read:                                                                    
22            (b)  An exemption is not available under this section for permanent fund                                     
23       dividends taken to satisfy                                                                                        
24                 (1)  child support obligations required by court order or decision of the                               
25       child support services agency under AS 25.27.140 - 25.27.220;                                                     
26                 (2)  court ordered restitution under AS 12.55.045 - 12.55.051,                                          
27       12.55.100, or AS 47.12.120(b)(4);                                                                                 
28                 (3)  claims on defaulted education loans under AS 43.23.067;                                            
29                 (4)  court ordered fines;                                                                               
30                 (5)  writs of execution under AS 09.35 of a judgment that is entered                                    
31                      (A)  against a minor in a civil action to recover damages and                                      
01            court costs;                                                                                                 
02                      (B)  under AS 09.65.255 against the parent, parents, or legal                                      
03            guardian of an unemancipated minor;                                                                          
04                 (6)  a debt owed by an eligible individual to an agency of the state,                                   
05       including the University of Alaska, unless the debt is contested and an appeal is                                 
06       pending, or the time limit for filing an appeal has not expired;                                                  
07                 (7)  a debt owed to a person for a program for the rehabilitation of                                    
08       perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15),                               
09       AS 25.20.061(3), or AS 33.16.150(f)(2);                                                                           
10                 (8)  a judgment for unpaid rent or damage owed to a landlord by an                                      
11       eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the                        
12       meaning given in AS 34.03.360;                                                                                
13                 (9)  court-ordered forfeiture of an appearance or performance                                       
14       bond under AS 12.30.075.                                                                                      
15    * Sec. 142. AS 44.19.645 is amended to read:                                                                       
16            Sec. 44.19.645. Powers and duties of the commission. (a)  The commission                                   
17       shall evaluate the effect of sentencing laws and criminal justice practices on the                                
18       criminal justice system to evaluate whether those sentencing laws and criminal justice                            
19       practices provide for protection of the public, community condemnation of the                                     
20       offender, the rights of victims of crimes, the rights of the accused and the person                               
21       convicted, restitution from the offender, and the principle of reformation. The                                   
22       commission shall make recommendations for improving criminal sentencing practices                                 
23       and criminal justice practices, including rehabilitation and restitution. The                                 
24       commission shall annually make recommendations to the governor and the                                        
25       legislature on how savings from criminal justice reforms should be reinvested to                              
26       reduce recidivism. In formulating its recommendations, the commission shall                                   
27       consider                                                                                                          
28                 (1)  statutes, court rules, and court decisions relevant to sentencing of                               
29       criminal defendants in misdemeanor and felony cases;                                                              
30                 (2)  sentencing practices of the judiciary, including use of presumptive                                
31       sentences;                                                                                                        
01                 (3)  means of promoting uniformity, proportionality, and accountability                                 
02       in sentencing;                                                                                                    
03                 (4)  alternatives to traditional forms of incarceration;                                                
04                 (5)  the efficacy of parole and probation in ensuring public safety,                                    
05       achieving rehabilitation, and reducing recidivism;                                                                
06                 (6)  the adequacy, availability, and effectiveness of treatment and                                     
07       rehabilitation programs;                                                                                          
08                 (7)  crime and incarceration rates, including the rate of violent crime                                 
09       and the abuse of controlled substances, in this state compared to other states, and best                          
10       practices adopted by other states that have proven to be successful in reducing                                   
11       recidivism;                                                                                                       
12                 (8)  the relationship between sentencing priorities and correctional                                    
13       resources;                                                                                                        
14                 (9)  the effectiveness of the state's current methodologies for the                                     
15       collection and dissemination of criminal justice data; and                                                        
16                 (10)  whether the schedules for controlled substances in AS 11.71.140 -                                 
17       11.71.190 are reasonable and appropriate, considering the criteria established in                                 
18       AS 11.71.120(c).                                                                                                  
19            (b)  The commission may                                                                                      
20                 (1)  recommend legislative and administrative action on criminal justice                                
21       practices; [AND]                                                                                                  
22                 (2)  select and retain the services of consultants as necessary;                                    
23                 (3)  appoint a working group to review and analyze the                                              
24       implementation of the recommendations made in the justice reinvestment report                                 
25       in December 2015, and other recommendations issued by the commission, and                                     
26       regularly report to the commission on the status of the implementation; a                                     
27       working group may include representatives of criminal justice agencies and key                                
28       constituencies who are not members of the commission; and                                                     
29                 (4)  enter into data-sharing agreements with the Justice Center at                                  
30       the University of Alaska, the Alaska Judicial Council, or other research                                      
31       institutions for the purposes of analyzing data and performance metrics.                                      
01    * Sec. 143. AS 44.19.645 is amended by adding new subsections to read:                                             
02            (c)  The commission shall                                                                                    
03                 (1)  receive and analyze data collected by agencies and entities charged                                
04       with implementing the recommendations of the 2015 justice reinvestment report and                                 
05       other recommendations issued by the commission and who are collecting data during                                 
06       the implementation and management of specific commission recommendations;                                         
07                 (2)  track and assess outcomes from the recommendations the                                             
08       commission has made and corresponding criminal justice reforms; and                                               
09                 (3)  request, receive, and review data and reports on performance                                       
10       outcome data relating to criminal justice reform.                                                                 
11            (d)  Agencies and entities reporting data to the working group authorized in                                 
12       (b)(3) of this section under (e) - (g) of this section shall                                                      
13                 (1)  report data individually by case number, including an identifier                                   
14       number such as the Alaska Public Safety Information Network number, the court case                                
15       number, the Alaska Corrections Offender Management System number, and the arrest                                  
16       tracking number, as available;                                                                                    
17                 (2)  include demographic information necessary for tracking                                             
18       individuals across multiple databases, including the individual's first name, last name,                          
19       middle initial as available, and date of birth; and                                                               
20                 (3)  include information necessary to measure possible disparate effects                                
21       of criminal justice laws and policies, such as race and gender as available.                                      
22            (e)  The judiciary shall report quarterly to the working group authorized in                                 
23       (b)(3) of this section. The report shall include criminal case processing data, including                         
24                 (1)  the date, type, and number of all charges disposed within the                                      
25       quarter;                                                                                                          
26                 (2)  the disposition of each charge, whether convicted, dismissed,                                      
27       acquitted, or otherwise disposed;                                                                                 
28                 (3)  the date of the disposition for each charge; and                                                   
29                 (4)  for each charge or conviction, the sentence, including the length of                               
30       active incarceration, the amount of suspended time, the length of any probationary                                
31       term, and whether a suspended imposition of sentence or suspended imposition of                                   
01       judgment was given.                                                                                               
02            (f)  The Department of Public Safety shall report quarterly to the working                                   
03       group authorized under (b)(3) of this section. The report shall include the following                             
04       information:                                                                                                      
05                 (1)  data on citations and arrests for criminal offenses, including the                                 
06       offense charged and reason for arrest if an arrest was made;                                                      
07                 (2)  data on all criminal convictions and sentences during the quarter;                                 
08       and                                                                                                               
09                 (3)  criminal history information for selected offenders as agreed on by                                
10       the department and the working group authorized in (b)(3) of this section.                                        
11            (g)  The Department of Corrections shall report quarterly to the working group                               
12       authorized in (b)(3) of this section. The report shall include the following information:                         
13                 (1)  data on pretrial decision making and outcomes, including                                           
14       information on pretrial detainees admitted for a new criminal charge; detainees                                   
15       released at any point before case resolution; time spent detained before first release or                         
16       case resolution; pretrial defendant risk level and charge; pretrial release                                       
17       recommendations made by pretrial service officers; pretrial conditions imposed on                                 
18       pretrial detainees by judicial officers, including amount of bail, and supervision                                
19       conditions; and information on pretrial outcomes, including whether or not the                                    
20       defendant appeared in court or was re-arrested during the pretrial period;                                        
21                 (2)  data on offenders admitted to the Department of Corrections for a                                  
22       new criminal conviction, including the offense type, number of prior felony                                       
23       convictions, sentence length, length of stay, and the number of offenders earning a                               
24       good time deduction under AS 33.20.010(d);                                                                        
25                 (3)  data on the population of the Department of Corrections, using a                                   
26       one-day snapshot on the first day of the first month of each quarter, broken down by                              
27       type of admission, offense type, and risk level;                                                                  
28                 (4)  data on offenders on probation supervised by the Department of                                     
29       Corrections, including the total number of offenders supervised using a one-day                                   
30       snapshot on the first month of each quarter; admissions to probation; assignments to a                            
31       program under AS 33.05.020(f); probation sentence length; time served on the                                      
01       sentence; whether probation was successfully completed, any new convictions for a                                 
02       felony offense, and any sentences to a term of imprisonment while on probation;                                   
03                 (5)  data on parole, including the number of offenders supervised on                                    
04       parole, using a one-day snapshot on the first month of each quarter; the number of                                
05       parole hearings; the parole grant rate and number of parolees released on                                         
06       administrative, discretionary, and special medical parole; and information on parolees,                           
07       including time spent on parole, whether parole was successfully completed, any new                                
08       convictions for a new felony offense, and any sentences to a term of imprisonment                                 
09       while on parole;                                                                                                  
10                 (6)  data on the implementation of policies from the 2015 justice                                       
11       reinvestment report, including the number and percentage of offenders who earn                                    
12       compliance credits under AS 33.05.020(g) in one or more months, and the total                                     
13       amount of credits earned; the average number of sanctions issued under                                            
14       AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                            
15       common violations of probation or parole; and                                                                     
16                 (7)  data on probation and parole revocations, including information on                                 
17       probationers and parolees admitted for a supervision violation pre-case and post-case                             
18       resolution; probationers and parolees admitted solely for a technical violation;                                  
19       probationers and parolees admitted for a new arrest; the number of previous                                       
20       revocations on the current sentence, if any; the length of time held pre-case resolution;                         
21       the length of time to case resolution; and the length of stay.                                                    
22    * Sec. 144. AS 44.19.647 is amended to read:                                                                       
23            Sec. 44.19.647. Annual report and recommendations. The commission shall                                    
24       submit to the governor and the legislature an annual report. The report must include                          
25                 (1)  a description of its proceedings for the previous calendar year;                           
26                 (2)  a summary of savings and recommendations on how savings                                        
27       from criminal justice reform should be reinvested to reduce recidivism;                                       
28                 (3)  performance metrics and outcomes from the recommendations                                      
29       the commission made in its December 2015 report, including recidivism rates,                                  
30       defined as                                                                                                    
31                      (A)  the percentage of inmates who return to prison within                                     
01            three years after release, broken down by offense type and risk level; and                               
02                      (B)  the percentage of inmates who return to prison within                                     
03            three years after release for a new criminal conviction, broken down by                                  
04            offense type and risk level; and                                                                         
05                 (4)  recommendations for additional reforms, which may include                                      
06       [AND MAY SUBMIT] recommendations for legislative and administrative action.                                       
07       [REPORTS AND RECOMMENDATIONS PROVIDED UNDER THIS SECTION                                                          
08       SHALL BE SUBMITTED NOT LATER THAN FEBRUARY 1 OF EACH YEAR].                                                       
09    * Sec. 145. AS 44.19.647 is amended by adding a new subsection to read:                                            
10            (b)  The commission shall submit the reports and recommendations provided                                    
11       under (a) of this section not later than November 1 of each year.                                                 
12    * Sec. 146. AS 44.66.010(a)(12) is amended to read:                                                                
13                 (12)  Alaska Criminal Justice Commission (AS 44.19.641) - June 30,                                  
14       2021 [JUNE 30, 2017];                                                                                         
15    * Sec. 147. AS 47.05 is amended by adding a new section to read:                                                   
16            Sec. 47.05.035. Disqualification from public assistance for felony drug                                    
17       offenses. (a) A person convicted during or in the five years preceding a period in                              
18       which the person is receiving public assistance under AS 47.25 of an offense under                                
19       AS 11.71.010 - 11.71.050, 11.71.060(a)(2)(B), or by the law of another jurisdiction                               
20       that has as an element the possession, use, or distribution of a controlled substance, as                         
21       defined in AS 11.71.900, is disqualified from receiving public assistance under this                              
22       title unless the person participates in a testing program implemented by the department                           
23       at least quarterly, on renewal of public assistance eligibility, and on a random basis for                        
24       the use of illegal controlled substances. A person subject to this section who tests                              
25       positive for the illegal use of controlled substances or who refuses to submit to a test                          
26       required under this section is disqualified from receiving public assistance for six                              
27       months following the date of notice that the person tested positive for the use of illegal                        
28       controlled substances or from the date the person refused to submit to a test required                            
29       under this section.                                                                                               
30            (b)  The department shall adopt regulations to implement (a) of this section.                                
31       The regulations adopted by the department must                                                                    
01                 (1)  include an appeal process for a person disqualified under (a) of this                              
02       section; and                                                                                                      
03                 (2)  provide that, where available, an alcohol safety action program                                    
04       approved under AS 47.37.130 shall perform the drug testing.                                                       
05            (c)  In this section, "public assistance" means                                                              
06                 (1)  a program that provides                                                                            
07                      (A)  day care assistance under AS 47.25.001 - 47.25.095;                                           
08                      (B)  general relief assistance under AS 47.25.120 - 300; or                                        
09                      (C)  adult public assistance under AS 47.25.430 - 47.25.615;                                       
10                 (2)  the Alaska affordable heating program under AS 47.25.621 -                                         
11       47.25.626; or                                                                                                     
12                 (3)  the food stamp program under AS 47.25.975 - 47.25.990.                                             
13    * Sec. 148. AS 47.27.015 is amended by adding a new subsection to read:                                            
14            (i)  A person convicted after August 22, 1996, of an offense that is classified as                           
15       a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has                            
16       as an element the possession, use, or distribution of a controlled substance, as defined                          
17       in AS 11.71.900, is disqualified from receiving temporary assistance under this                                   
18       chapter or food stamps under AS 47.25 unless the person demonstrates, to the                                      
19       satisfaction of the department, that the person                                                                   
20                 (1)  is satisfactorily serving, or has successfully completed, a period of                              
21       probation or parole;                                                                                              
22                 (2)  is in the process of serving, or has successfully completed,                                       
23       mandatory participation in a drug or alcohol treatment program; or                                                
24                 (3)  has taken action toward rehabilitation, including participation in a                               
25       drug or alcohol treatment program.                                                                                
26    * Sec. 149. AS 47.37.040 is amended to read:                                                                       
27            Sec. 47.37.040. Duties of department. The department shall                                                 
28                 (1)  develop, encourage, and foster statewide, regional, and local plans                                
29       and programs for the prevention of alcoholism and drug abuse and treatment of                                     
30       alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with                           
31       public and private agencies, organizations, and individuals, and provide technical                                
01       assistance and consultation services for these purposes;                                                          
02                 (2)  coordinate the efforts and enlist the assistance of all public and                                 
03       private agencies, organizations, and individuals interested in prevention of alcoholism,                          
04       drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug                            
05       abusers, and inhalant abusers;                                                                                    
06                 (3)  cooperate with the Department of Corrections in establishing and                                   
07       conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                
08       abusers, and inhalant abusers in or on parole from penal institutions;                                            
09                 (4)  cooperate with the Department of Education and Early                                               
10       Development, school boards, schools, police departments, courts, and other public and                             
11       private agencies, organizations, and individuals in establishing programs for the                                 
12       prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics,                            
13       intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum                                 
14       materials for use at all levels of school education;                                                              
15                 (5)  prepare, publish, evaluate, and disseminate educational material                                   
16       dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous                             
17       volatile substances;                                                                                              
18                 (6)  develop and implement, as an integral part of treatment programs,                                  
19       an educational program for use in the treatment of alcoholics, intoxicated persons,                               
20       drug abusers, and inhalant abusers that includes the dissemination of information                                 
21       concerning the nature and effects of alcohol, drugs, and hazardous volatile substances;                           
22                 (7)  organize and foster training programs for all persons engaged in                                   
23       treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and                             
24       establish standards for training paraprofessional alcoholism, drug abuse, and inhalant                            
25       abuse workers;                                                                                                    
26                 (8)  sponsor and encourage research into the causes and nature of                                       
27       alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,                                      
28       intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse                             
29       for information relating to alcoholism, drug abuse, and inhalant abuse;                                           
30                 (9)  specify uniform methods for keeping statistical information by                                     
31       public and private agencies, organizations, and individuals, and collect and make                                 
01       available relevant statistical information, including number of persons treated,                                  
02       frequency of admission and readmission, and frequency and duration of treatment;                                  
03                 (10)  conduct program planning activities approved by the Advisory                                      
04       Board on Alcoholism and Drug Abuse;                                                                               
05                 (11)  review all state health, welfare, and treatment plans to be                                       
06       submitted for federal funding, and advise the commissioner on provisions to be                                    
07       included relating to alcoholics, intoxicated persons, drug abusers, and inhalant                                  
08       abusers;                                                                                                          
09                 (12)  assist in the development of, and cooperate with, alcohol, drug                                   
10       abuse, and inhalant abuse education and treatment programs for employees of state                                 
11       and local governments and businesses and industries in the state;                                                 
12                 (13)  use the support and assistance of interested persons in the                                       
13       community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to                              
14       encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo                                   
15       treatment;                                                                                                        
16                 (14)  cooperate with the Department of Public Safety and the                                            
17       Department of Transportation and Public Facilities in establishing and conducting                                 
18       programs designed to deal with the problem of persons operating motor vehicles while                              
19       under the influence of an alcoholic beverage, inhalant, or controlled substance, and                              
20       develop and approve alcohol information courses required to be taken by drivers under                             
21       AS 28.15 or made available to drivers to reduce points assessed for violation of traffic                          
22       laws;                                                                                                             
23                 (15)  encourage hospitals and other appropriate health facilities to                                    
24       admit without discrimination alcoholics, intoxicated persons, drug abusers, and                                   
25       inhalant abusers and to provide them with adequate and appropriate treatment;                                     
26                 (16)  encourage all health insurance programs to include alcoholism                                     
27       and drug abuse as a covered illness;                                                                              
28                 (17)  prepare an annual report covering the activities of the department                                
29       and notify the legislature that the report is available;                                                          
30                 (18)  develop and implement a training program on alcoholism and                                        
31       drug abuse for employees of state and municipal governments, and private institutions;                            
01                 (19)  develop curriculum materials on drug and alcohol abuse and the                                    
02       misuse of hazardous volatile substances for use in grades kindergarten through 12, as                             
03       well as a course of instruction for teachers to be charged with presenting the                                    
04       curriculum;                                                                                                       
05                 (20)  develop and implement or designate, in cooperation with other                                     
06       state or local agencies, a juvenile alcohol safety action program that provides alcohol                           
07       and substance abuse screening, referral, and monitoring of persons under 18 years of                              
08       age who have been referred to it by                                                                               
09                      (A)  a court in connection with a charge or conviction of a                                        
10            violation or misdemeanor related to the use of alcohol or a controlled                                       
11            substance;                                                                                                   
12                      (B)  the agency responsible for the administration of motor                                        
13            vehicle laws in connection with a license action related to the use of alcohol or                            
14            a controlled substance; or                                                                                   
15                      (C)  department staff after a delinquency adjudication that is                                     
16            related to the use of alcohol or a controlled substance;                                                     
17                 (21)  develop and implement, or designate, in cooperation with other                                    
18       state or local agencies, an alcohol safety action program that provides [ALCOHOL                                  
19       AND SUBSTANCE ABUSE SCREENING, REFERRAL, AND MONITORING]                                                          
20       services to persons who have been referred by a court [IN CONNECTION WITH A                                       
21       CHARGE OR CONVICTION OF A MISDEMEANOR INVOLVING THE USE OF                                                        
22       A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT AND ALCOHOL OR A                                                         
23       CONTROLLED SUBSTANCE, REFERRED BY A COURT] under AS 28.35.028,                                                    
24       28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility                        
25       for administering motor vehicle laws in connection with a driver's license action                                 
26       involving the use of alcohol or a controlled substance;                                                           
27                 (22)  whenever possible, apply evidence-based, research-based, and                                      
28       consensus-based substance abuse and co-occurring substance abuse and mental health                                
29       disorders treatment practices and remove barriers that prevent the use of those                                   
30       practices;                                                                                                        
31                 (23)  collaborate with first responders, hospitals, schools, primary care                               
01       providers, developmental disability treatment providers, law enforcement, corrections,                            
02       attorneys, the Alaska Court System, community behavioral treatment providers,                                     
03       Alaska Native organizations, and federally funded programs in implementing                                        
04       programs for co-occurring substance abuse and mental health disorders treatment.                                  
05    * Sec. 150. AS 47.37.130(h) is amended to read:                                                                    
06            (h)  The department shall                                                                                    
07                 (1)  inspect, on a regular basis, approved public and private alcohol                                   
08       safety action programs at reasonable times and in a reasonable manner; [AND]                                      
09                 (2)  maintain a list of approved public and private alcohol safety action                               
10       programs; and                                                                                                 
11                 (3)  develop regulations for the operation and management of                                        
12       alcohol safety action programs that ensure                                                                    
13                      (A)  assessments are conducted using a validated risk and                                      
14            needs assessment tool; and                                                                               
15                      (B)  supervision of participants is appropriate to the                                         
16            assessed risk of re-offense of the participant.                                                          
17    * Sec. 151. AS 47.37.130 is amended by adding a new subsection to read:                                            
18            (k)  The public and private alcohol safety action programs established under                                 
19       AS 47.37.040(21) shall provide                                                                                    
20                 (1)  assessment of eligible participants to determine the risk of the                                   
21       person to re-offend and the criminal risk factors that are contributing to the risk; and                          
22                 (2)  supervision of participants based on the assessed risk to re-offend.                               
23    * Sec. 152. AS 47.38.020(d) is repealed and reenacted to read:                                                     
24            (d)  The department may, in accordance with AS 36.30, procure and enter into                                 
25       agreements or contracts to establish and implement the program and testing required                               
26       under (a) - (c) of this section.                                                                                
27    * Sec. 153. AS 47.38.100(a) is amended to read:                                                                    
28            (a)  The recidivism reduction program is established to promote the                                          
29       rehabilitation [THROUGH TRANSITIONAL RE-ENTRY PROGRAMS] of persons                                                
30       on probation or parole or incarcerated for offenses and recently released from                                
31       correctional facilities.                                                                                          
01    * Sec. 154. AS 47.38.100(b) is amended to read:                                                                    
02            (b)  The commissioner, in cooperation with the Alaska Criminal Justice                                   
03       Commission established in AS 44.19.641 [COMMISSIONER OF CORRECTIONS],                                         
04       may provide for programs that have, as a primary focus, rehabilitation and reduction                              
05       of recidivism [THROUGH TRANSITIONAL RE-ENTRY] for persons on probation                                        
06       or parole or incarcerated for offenses and recently released from correctional                                
07       facilities. The commissioner may enter into contracts to provide for programs under                               
08       this section. An eligible [A] program under this section must accomplish at least one                     
09       of the following objectives:                                                                                  
10                 (1)  increasing access to evidence-based rehabilitation programs,                                   
11       including drug and alcohol treatment, mental health treatment, and cognitive                                  
12       behavioral programs; or                                                                                       
13                 (2)  supporting offenders' transition and re-entry from correctional                                
14       facilities to the community, including transitional housing services, employment                              
15       services, vocational training, educational support, and counseling [INCLUDE                                   
16       CASE MANAGEMENT;                                                                                                  
17                 (2)  REQUIRE SOBER LIVING;                                                                              
18                 (3)  PROVIDE, ON-SITE OR BY REFERRAL, TREATMENT FOR                                                     
19       SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT;                                                                       
20                 (4)       REQUIRE    EMPLOYMENT,    EDUCATIONAL                                                         
21       PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY VOLUNTEER                                                          
22       WORK AS APPROVED BY THE DIRECTOR OF THE TREATMENT PROGRAM;                                                        
23       AND                                                                                                               
24                 (5)  LIMIT RESIDENTIAL PLACEMENTS IN THE PROGRAM TO                                                     
25       A MAXIMUM OF ONE YEAR].                                                                                           
26    * Sec. 155. AS 47.38.100 is amended by adding a new subsection to read:                                            
27            (d)  In this section, "evidenced-based" means a program or practice that offers                              
28       a high level of research on effectiveness.                                                                        
29    * Sec. 156. The uncodified law of the State of Alaska is amended by adding a new section                           
30 to read:                                                                                                                
31            DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal                                               
01       Procedure, is amended by adding new subsections to read:                                                          
02            (d)  Hearing Notice. The court shall provide a notice to a defendant of the                                
03       date, time, and place of a scheduled hearing at which the defendant is required to                                
04       appear in a form and manner established by the court.                                                             
05            (e)  Hearing Reminder. In addition to the notice required under (d) of this                                
06       rule, the court shall provide a reminder notification to a defendant who is not in                                
07       custody and to the Department of Corrections at least 48 hours prior to a scheduled                               
08       hearing at which the defendant is required to appear regarding the date, time, and                                
09       place of the scheduled hearing and the potential consequences of failure to appear, in a                          
10       form and manner established by the court.                                                                         
11    * Sec. 157. The uncodified law of the State of Alaska is amended by adding a new section                           
12 to read:                                                                                                                
13            DIRECT COURT RULE AMENDMENT. Rule 41, Alaska Rules of Criminal                                               
14       Procedure, is amended by adding a new subsection to read:                                                         
15            (j)  Misdemeanor and Felony Bail Schedules. No bail schedule shall be                                      
16       established for misdemeanors or felonies.                                                                         
17    * Sec. 158. The uncodified law of the State of Alaska is amended by adding a new section                           
18 to read:                                                                                                                
19       REPEAL OF COURT RULES. Rules 41(d) and (e), Alaska Rules of Criminal                                              
20 Procedure, are repealed.                                                                                                
21    * Sec. 159. AS 11.46.140(a)(3), 11.46.220(c)(2)(B); AS 11.71.020, 11.71.040(a)(3),                               
22 11.71.050(a)(2), 11.71.060(a)(2)(A); AS 12.30.016(d); AS 12.55.125(o),  12.55.135(j); and                               
23 AS 33.16.100(e) are repealed.                                                                                           
24    * Sec. 160. The uncodified law of the State of Alaska is amended by adding a new section                           
25 to read:                                                                                                                
26       INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.006(h), enacted by sec. 44                                            
27 of this Act, has the effect of changing Rule 6, Alaska Rules of Criminal Procedure, by                                  
28 directing the court to arraign a person within 24 hours after arrest, and in no instance later                          
29 than 48 hours after the person's arrest.                                                                                
30       (b)  AS 12.30.011, as amended by sec. 45 of this Act, and AS 12.30.011(e) - (i),                                  
31 enacted by sec. 46 of this Act, have the effect of changing Rule 41, Alaska Rules of Criminal                           
01 Procedure, by changing and establishing release conditions for certain defendants, providing                            
02 for recommendations by pretrial services officers of release conditions based on a pretrial risk                        
03 assessment score, providing that a court shall order the release of a person under certain                              
04 circumstances upon execution of an appearance or performance bond, and providing new                                    
05 procedures for use of appearance, surety, and performance bonds.                                                        
06       (c)  AS 12.55.055(g), enacted by sec. 60 of this Act, has the effect of changing Rule                             
07 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the                            
08 judgment that community work hours that are not completed shall be converted to a fine as                               
09 provided in AS 12.55.055(h), added by sec. 60 of this Act.                                                              
10       (d)  AS 12.55.078, enacted by sec. 61 of this Act, has the effect of changing Rule 43,                            
11 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court                               
12 may dismiss charges.                                                                                                    
13       (e)  AS 12.55.135(p), enacted by sec. 77 of this Act, has the effect of changing Rule                             
14 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of                                       
15 aggravating factors.                                                                                                    
16       (f)  AS 33.07, enacted by sec. 96 of this Act, has the effect of changing Rule 41,                                
17 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures                           
18 and duties for pretrial services officers as officers of the superior and district courts, for the                      
19 purposes of performing risk assessments and making pretrial recommendations to the court                                
20 regarding a person's pretrial release and bail conditions.                                                              
21    * Sec. 161. The uncodified law of the State of Alaska is amended by adding a new section                           
22 to read:                                                                                                                
23       COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT. The Council                                                      
24 on Domestic Violence and Sexual Assault established in AS 18.66.010 shall create or expand                              
25 community-based violence prevention programming and services for victims of a crime                                     
26 involving domestic violence or sexual assault in the fiscal year ending June 30, 2017. In this                          
27 section "domestic violence" and "sexual assault" have the meanings given to those terms in                              
28 AS 18.66.990.                                                                                                           
29    * Sec. 162. The uncodified law of the State of Alaska is amended by adding a new section                           
30 to read:                                                                                                                
31       REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING                                                        
01 BARRIER OFFENSES. The Alaska Criminal Justice Commission shall provide in the                                           
02 commission's 2017 annual report required under AS 44.19.647 an evaluation of the                                        
03 relationship between offenses on a person's criminal justice record that may be a barrier to                            
04 entry into certain occupations and the successful re-entry of a person with barrier offenses on                         
05 the person's criminal justice record into the community and an evaluation of the relationship                           
06 between legal expungement or pardons and successful re-entry.                                                           
07    * Sec. 163. The uncodified law of the State of Alaska is amended by adding a new section                           
08 to read:                                                                                                                
09       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
10 the effective date of those sections:                                                                                   
11            (1)  AS 11.46.130(a), as amended by sec. 3 of this Act;                                                      
12            (2)  AS 11.46.140(a), as amended by sec. 4 of this Act;                                                      
13            (3)  AS 11.46.220(c), as amended by sec. 5 of this Act;                                                      
14            (4)  AS 11.46.260(b), as amended by sec. 6 of this Act;                                                      
15            (5)  AS 11.46.270(b), as amended by sec. 7 of this Act;                                                      
16            (6)  AS 11.46.280(d), as amended by sec. 8 of this Act;                                                      
17            (7)  AS 11.46.285(b), as amended by sec. 9 of this Act;                                                      
18            (8)  AS 11.46.295, as amended by sec. 10 of this Act;                                                        
19            (9)  AS 11.46.482(a), as amended by sec. 12 of this Act;                                                     
20            (10)  AS 11.46.484(a), as amended by sec. 13 of this Act;                                                    
21            (11)  AS 11.46.530(b), as amended by sec. 14 of this Act;                                                    
22            (12)  AS 11.46.620(d), as amended by sec. 15 of this Act;                                                    
23            (13)  AS 11.46.730(c), as amended by sec. 16 of this Act;                                                    
24            (14)  AS 11.61.110(c), as amended by sec. 21 of this Act;                                                    
25            (15)  AS 11.61.145(d), as amended by sec. 22 of this Act;                                                    
26            (16)  AS 11.66.200(c), as amended by sec. 26 of this Act;                                                    
27            (17)  AS 11.71.030(a), as amended by sec. 27 of this Act;                                                    
28            (18)  AS 11.71.040(a), as amended by sec. 30 of this Act;                                                    
29            (19)  AS 11.71.050, as amended by sec. 32 of this Act;                                                       
30            (20)  AS 11.71.311(a), as amended by sec. 34 of this Act;                                                    
31            (21)  AS 12.55.027(g), enacted by sec. 56 of this Act;                                                       
01            (22)  AS 12.55.125(a), as amended by sec. 70 of this Act;                                                    
02            (23)  AS 12.55.125(b), as amended by sec. 71 of this Act;                                                    
03            (24)  AS 28.15.291(a), as repealed and reenacted by sec. 83 of this Act;                                     
04            (25)  AS 28.15.291(b), as repealed and reenacted by sec. 84 of this Act;                                     
05            (26)  AS 29.10.200(21), as amended by sec. 90 of this Act;                                                   
06            (27)  AS 29.25.070(a), as amended by sec. 91 of this Act;                                                    
07            (28)  AS 29.25.070(g), enacted by sec. 92 of this Act; and                                                   
08            (29) AS 47.27.015(i), enacted by sec. 148 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. 11 of this Act;                                                        
12            (2)  AS 11.56.757(b), as amended by sec. 19 of this Act; and                                                 
13            (3)  AS 11.61.150(c), as amended by sec. 24 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 12.25.150(a), as amended by sec. 35 of this Act;                                                     
18            (2)  AS 12.25.180, as amended by sec. 36 of this Act; and                                                    
19            (3)  AS 12.25.190(b), as amended by sec. 38 of this Act.                                                     
20       (d)  The following sections apply to sentences imposed on or after the effective date of                          
21 those sections for conduct occurring before, on, or after the effective date of those sections:                         
22            (1)  AS 12.55.027(d), as amended by sec. 55 of this Act;                                                     
23            (2)  AS 12.55.027(f), enacted by sec. 56 of this Act;                                                        
24            (3)  AS 12.55.125(c), as amended by sec. 72 of this Act;                                                     
25            (4)  AS 12.55.125(d), as amended by sec. 73 of this Act;                                                     
26            (5)  AS 12.55.125(e), as amended by sec. 74 of this Act;                                                     
27            (6)  AS 12.55.135(a), as amended by sec. 75 of this Act;                                                     
28            (7)  AS 12.55.135(b), as amended by sec. 76 of this Act;                                                     
29            (8)  AS 12.55.135(l) - (p), enacted by sec. 77 of this Act;                                                  
30            (9)  AS 33.20.010(a), as amended by sec. 132 of this Act; and                                                
31            (10)  AS 33.20.010(c), as amended by sec. 133 of this Act.                                                   
01       (e)  The following sections apply to sentences imposed on or after the effective date of                          
02 those sections for conduct occurring before, on, or after the effective date of those sections:                         
03            (1)  AS 12.55.025(a), as amended by sec. 53 of this Act;                                                     
04            (2)  AS 12.55.025(c), as amended by sec. 54 of this Act;                                                     
05            (3)  AS 12.55.115, as amended by sec. 69 of this Act;                                                        
06            (4)  AS 28.35.030(k), as amended by sec. 86 of this Act;                                                     
07            (5)  AS 28.35.032(o), as amended by sec. 89 of this Act;                                                     
08            (6)  AS 33.16.010(f), enacted by sec. 99 of this Act;                                                        
09            (7)  AS 33.16.089, enacted by sec. 101 of this Act;                                                          
10            (8)  AS 33.16.090(b), as amended by sec. 103 of this Act; and                                                
11            (9)  AS 33.20.010(d), enacted by sec. 134 of this Act.                                                       
12       (f)  AS 12.30.055(b), enacted by sec. 51 of this Act, applies to persons in custody for a                         
13 probation violation on or after the effective date of sec. 51 for a probation violation that                            
14 occurred before, on, or after the effective date of sec. 51 of this Act.                                                
15       (g)  The following sections apply to community work service imposed on or after the                               
16 effective date of those sections for offenses committed on or after the effective date of those                         
17 sections:                                                                                                               
18            (1)  AS 12.55.055(c), as amended by sec. 59 of this Act; and                                                 
19            (2)  AS 12.55.055(g) and (h), enacted by sec. 60 of this Act.                                                
20       (h)  AS 12.55.078, enacted by sec. 61 of this Act, applies to prosecutions occurring on                           
21 or after the effective date of those sections for offenses committed before, on, or after the                           
22 effective date of sec. 61 of this Act.                                                                                  
23       (i)  The following sections apply to probation ordered on or after the effective date of                          
24 those sections for offenses committed before, on, or after the effective date of those sections:                        
25            (1)  AS 12.55.051(a), as amended by sec. 57 of this Act;                                                     
26            (2)  AS 12.55.090(c), as amended by sec. 63 of this Act.                                                     
27       (j)  The following sections apply to probation ordered on or after the effective date of                          
28 those sections for offenses committed before, on, or after the effective date of those sections:                        
29            (1)  AS 12.55.090(b), as amended by sec. 62 of this Act;                                                     
30            (2)  AS 12.55.090(f), as amended by sec. 64 of this Act;                                                     
31            (3)  AS 12.55.090(g) - (m), enacted by sec. 65 of this Act;                                                  
01            (4)  AS 12.55.100(a), as amended by sec. 66 of this Act;                                                     
02            (5)  AS 12.55.110(c) - (g), enacted by sec. 68 of this Act; and                                              
03            (6)  AS 33.05.040, as amended by sec. 94 of this Act.                                                        
04       (k)  The following sections apply to a revocation of a driver's license, privilege to                             
05 drive, or privilege to obtain a license occurring on or after the effective date of those sections                      
06 for conduct occurring before, on, or after the effective date of those sections:                                        
07            (1)  AS 28.15.165(e), enacted by sec. 80 of this Act;                                                        
08            (2)  AS 28.15.181(f), as amended by sec. 81 of this Act;                                                     
09            (3)  AS 28.15.201(g) and (h), enacted by sec. 82 of this Act; and                                            
10            (4)  AS 28.35.030(o), as amended by sec. 88 of this Act.                                                     
11       (l)  The following sections apply to parole granted on or after the effective date of                             
12 those sections for conduct occurring before, on, or after the effective date of those sections:                         
13            (1)  AS 33.16.010(c), as amended by sec. 97 of this Act;                                                     
14            (2)  AS 33.16.010(d), as amended by sec. 98 of this Act;                                                     
15            (3)  AS 33.16.060(a), as amended by sec. 100 of this Act;                                                    
16            (4)  AS 33.16.090(a), as amended by sec. 102 of this Act;                                                    
17            (5)  AS 33.16.100(a), as amended by sec. 104 of this Act;                                                    
18            (6)  AS 33.16.100(b), as amended by sec. 105 of this Act;                                                    
19            (7)  AS 33.16.100(f) and (g), enacted by sec. 106 of this Act;                                               
20            (8)  AS 33.16.130, as repealed and reenacted by sec. 112 of this Act;                                        
21            (9)  AS 33.16.140, as amended by sec. 113 of this Act;                                                       
22            (10)  AS 33.16.150(a), as amended by sec. 114 of this Act;                                                   
23            (11)  AS 33.16.150(b), as amended by sec. 115 of this Act;                                                   
24            (12)  AS 33.16.150(e), as amended by sec. 116 of this Act;                                                   
25            (13)  AS 33.16.150(f), as amended by sec. 117 of this Act;                                                   
26            (14)  AS 33.16.150(g), as amended by sec. 118 of this Act;                                                   
27            (15)  AS 33.16.150(h), enacted by sec. 119 of this Act;                                                      
28            (16)  AS 33.16.180, as amended by sec. 120 of this Act;                                                      
29            (17)  AS 33.16.200, as amended by sec. 121 of this Act;                                                      
30            (18)  AS 33.16.210, as amended by sec. 122 of this Act;                                                      
31            (19)  AS 33.16.210(c), enacted by sec. 123 of this Act;                                                      
01            (20)  AS 33.16.215, enacted by sec. 124 of this Act;                                                         
02            (21)  AS 33.16.220(b), as amended by sec. 125 of this Act;                                                   
03            (22)  AS 33.16.220(f), as amended by sec. 126 of this Act;                                                   
04            (23)  AS 33.16.220(i), as amended by sec. 127 of this Act;                                                   
05            (24)  AS 33.16.220(j), enacted by sec. 128 of this Act;                                                      
06            (25)  AS 33.16.240(h) and (i), enacted by sec. 129 of this Act; and                                          
07            (26)  AS 33.16.270, enacted by sec. 130 of this Act.                                                         
08       (m)  AS 11.56.730(d), enacted by sec. 17 of this Act, and secs. 156 - 158 of this Act                             
09 apply to offenses committed on or after the effective date of secs. 17 and 156 - 158 of this                            
10 Act.                                                                                                                    
11       (n)  The following sections apply to an offense committed on or after the effective date                          
12 of those sections:                                                                                                      
13            (1)  AS 12.30.006(b), as amended by sec. 40 of this Act;                                                     
14            (2)  AS 12.30.006(c), as amended by sec. 41 of this Act;                                                     
15            (3)  AS 12.30.006(d), as amended by sec. 42 of this Act;                                                     
16            (4)  AS 12.30.006(f), as amended by sec. 43 of this Act;                                                     
17            (5)  AS 12.30.006(h), enacted by sec. 44 of this Act;                                                        
18            (6)  AS 12.30.011, as amended by sec. 45 of this Act;                                                        
19            (7)  AS 12.30.011(e) - (i), enacted by sec. 46 of this Act;                                                  
20            (8)  AS 12.30.016(b), as amended by sec. 47 of this Act;                                                     
21            (9)  AS 12.30.016(c), as amended by sec. 48 of this Act;                                                     
22            (10)  AS 12.30.021(a), as amended by sec. 49 of this Act;                                                    
23            (11)  AS 12.30.021(c), as amended by sec. 50 of this Act;                                                    
24            (12)  AS 12.55.051(k), enacted by sec. 58 of this Act;                                                       
25            (13)  AS 33.07, enacted by sec. 96 of this Act; and                                                          
26            (14)  AS 43.23.065(b), as amended by sec. 141 of this Act.                                                   
27    * Sec. 164. The uncodified law of the State of Alaska is amended by adding a new section                           
28 to read:                                                                                                                
29       CONDITIONAL EFFECT. (a) AS 11.56.730(d), enacted by sec. 17 of this Act, takes                                    
30 effect only if sec. 146 of this Act receives the two-thirds majority vote of each house required                        
31 by art. IV, sec. 15, Constitution of the State of Alaska.                                                               
01       (b)  AS 12.30.006(h), added by sec. 44 of this Act, takes effect only if sec. 160(a) of                           
02 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
03 Constitution of the State of Alaska.                                                                                    
04       (c)  AS 12.30.011, as amended by sec. 45 of this Act, takes effect only if sec. 160(b)                            
05 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                           
06 Constitution of the State of Alaska.                                                                                    
07       (d)  AS 12.30.011(e) - (i), added by sec. 46 of this Act, take effect only if sec. 160(b)                         
08 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                           
09 Constitution of the State of Alaska.                                                                                    
10       (e)  AS 12.55.055(g), enacted by sec. 60 of this Act, takes effect only if sec. 160(c) of                         
11 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
12 Constitution of the State of Alaska.                                                                                    
13       (f)  AS 12.55.078, enacted by sec. 61 of this Act, takes effect only if sec. 160(d) of this                       
14 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                                   
15 Constitution of the State of Alaska.                                                                                    
16       (g)  AS 12.55.135(p), enacted by sec. 77 of this Act, takes effect only if sec. 160(e) of                         
17 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
18 Constitution of the State of Alaska.                                                                                    
19       (h)  AS 33.07, added by sec. 96 of this Act, takes effect only if sec. 160(f) of this Act                         
20 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                          
21 of the State of Alaska.                                                                                                 
22    * Sec. 165. Sections 1 - 16, 21 - 34, 55, 57, 59, 61, 63, 67, 72 - 85, 88, 90, 92, 132, 133, 142                   
23 - 151, and 159 of this Act take effect July 1, 2016.                                                                    
24    * Sec. 166. Section 79 of this Act takes effect October 1, 2016.                                                   
25    * Sec. 167. Sections 51, 53, 54, 60, 62, 64 - 66, 68, 69, 86, 87, 89, 93 - 95, 97 - 131, and 134                   
26 - 139 of this Act take effect July 1, 2017.                                                                             
27    * Sec. 168. If AS 11.56.730(d), enacted by sec. 17 of this Act, and sec. 156 of this Act take                      
28 effect, they take effect January 1, 2018.                                                                               
29    * Sec. 169. Sections 18 - 20, 35 - 50, 58, 96, 141, 156 - 158, and 160(f) of this Act take                         
30 effect January 1, 2018.