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

00              HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN)                                                         
01 "An Act relating to civil in rem forfeiture actions; relating to criminal law and                                       
02 procedure; relating to controlled substances; relating to probation; relating to                                        
03 sentencing; relating to treatment program credit for time spent toward service of a                                     
04 sentence of imprisonment; establishing a pretrial services program with pretrial services                               
05 officers in the Department of Corrections; relating to permanent fund dividends;                                        
06 relating to electronic monitoring; relating to penalties for violations of municipal                                    
07 ordinances; relating to parole; relating to correctional restitution centers; relating to                               
08 community work service; relating to revocation, termination, suspension, cancellation,                                  
09 or restoration of a driver's license; relating to the disqualification of persons convicted                             
10 of certain felony drug offenses from participation in the food stamp and temporary                                      
11 assistance programs; relating to the duties of the commissioner of corrections; amending                                
12 Rules 32, 32.1, 38, and 43, Alaska Rules of Criminal Procedure; and providing for an                                    
01 effective date."                                                                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       LEGISLATIVE INTENT. (a) It is the intent of the legislature that, if the taxes                                    
06 collected under AS 43.61.010 are lower than projected for fiscal year 2017, the legislature                             
07 appropriate funds from the alcohol and other drug abuse treatment and prevention fund                                   
08 established in AS 43.60.050 to cover the shortfall.                                                                   
09       (b)  It is the intent of the legislature that reinvestment of excess funds be made into                           
10 providing additional law enforcement resources in communities throughout the state.                                     
11    * Sec. 2. AS 09.55 is amended by adding a new section to read:                                                     
12                     Article 10. Civil in rem Forfeiture.                                                              
13            Sec. 09.55.700. In rem civil forfeiture actions. Common law civil in rem                                   
14       forfeiture actions are abolished if used instead of a criminal proceeding.                                        
15    * Sec. 3. AS 11.41.110(a) is amended to read:                                                                      
16            (a)  A person commits the crime of murder in the second degree if                                            
17                 (1)  with intent to cause serious physical injury to another person or                                  
18       knowing that the conduct is substantially certain to cause death or serious physical                              
19       injury to another person, the person causes the death of any person;                                              
20                 (2)  the person knowingly engages in conduct that results in the death                                  
21       of another person under circumstances manifesting an extreme indifference to the                                  
22       value of human life;                                                                                              
23                 (3)  under circumstances not amounting to murder in the first degree                                    
24       under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                              
25       person commits or attempts to commit arson in the first degree, kidnapping, sexual                                
26       assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                         
27       in the first degree, sexual abuse of a minor in the second degree, burglary in the first                          
28       degree, escape in the first or second degree, robbery in any degree, or misconduct                                
29       involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) -                        
30       (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course                      
01       of or in furtherance of that crime or in immediate flight from that crime, any person                             
02       causes the death of a person other than one of the participants;                                                  
03                 (4)  acting with a criminal street gang, the person commits or attempts                                 
04       to commit a crime that is a felony and, in the course of or in furtherance of that crime                          
05       or in immediate flight from that crime, any person causes the death of a person other                             
06       than one of the participants; or                                                                                  
07                 (5)  the person with criminal negligence causes the death of a child                                    
08       under the age of 16, and the person has been previously convicted of a crime involving                            
09       a child under the age of 16 that was                                                                              
10                      (A)  a felony violation of AS 11.41;                                                               
11                      (B)  in violation of a law or ordinance in another jurisdiction                                    
12            with elements similar to a felony under AS 11.41; or                                                         
13                      (C)  an attempt, a solicitation, or a conspiracy to commit a                                       
14            crime listed in (A) or (B) of this paragraph.                                                                
15    * Sec. 4. AS 11.41.150(a) is amended to read:                                                                      
16            (a)  A person commits the crime of murder of an unborn child if the person                                   
17                 (1)  with intent to cause the death of an unborn child or of another                                    
18       person, causes the death of an unborn child;                                                                      
19                 (2)  with intent to cause serious physical injury to an unborn child or to                              
20       another person or knowing that the conduct is substantially certain to cause death or                             
21       serious physical injury to an unborn child or to another person, causes the death of an                           
22       unborn child;                                                                                                     
23                 (3)  while acting alone or with one or more persons, commits or                                         
24       attempts to commit arson in the first degree, kidnapping, sexual assault in the first                             
25       degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                         
26       sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                         
27       first or second degree, robbery in any degree, or misconduct involving a controlled                               
28       substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a),                            
29       11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in                                   
30       furtherance of that crime or in immediate flight from that crime, any person causes the                           
31       death of an unborn child;                                                                                         
01                 (4)  knowingly engages in conduct that results in the death of an unborn                                
02       child under circumstances manifesting an extreme indifference to the value of human                               
03       life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                  
04       relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                 
05       does not constitute conduct manifesting an extreme indifference to the value of human                             
06       life.                                                                                                             
07    * Sec. 5. AS 11.46.130(a) is amended to read:                                                                      
08            (a)  A person commits the crime of theft in the second degree if the person                                  
09       commits theft as defined in AS 11.46.100 and                                                                      
10                 (1)  the value of the property or services is $1,000 [$750] or more but                             
11       less than $25,000;                                                                                                
12                 (2)  the property is a firearm or explosive;                                                            
13                 (3)  the property is taken from the person of another;                                                  
14                 (4)  the property is taken from a vessel and is vessel safety or survival                               
15       equipment;                                                                                                        
16                 (5)  the property is taken from an aircraft and the property is aircraft                                
17       safety or survival equipment;                                                                                     
18                 (6)  the value of the property is $250 or more but less than $1,000                                 
19       [$750] and, within the preceding five years, the person has been convicted and                                    
20       sentenced on two or more separate occasions in this or another jurisdiction of                                    
21                      (A)  an offense under AS 11.46.120, or an offense under                                            
22            another law or ordinance with similar elements;                                                              
23                      (B)  a crime set out in this subsection or an offense under                                        
24            another law or ordinance with similar elements;                                                              
25                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
26            another law or ordinance with similar elements; or                                                           
27                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
28            offense under another law or ordinance with similar elements; or                                             
29                 (7)  the property is an access device.                                                                  
30    * Sec. 6. AS 11.46.140(a) is amended to read:                                                                      
31            (a)  A person commits the crime of theft in the third degree if the person                                   
01       commits theft as defined in AS 11.46.100 and                                                                      
02                 (1)  the value of the property or services is $250 or more but less than                                
03       $1,000 [$750]; or                                                                                             
04                 (2)  [REPEALED]                                                                                         
05                 (3)  the value of the property is less than $250 and, within the past five                              
06       years, the person has been convicted and sentenced on two or more separate occasions                              
07       in this or another jurisdiction of theft or concealment of merchandise, or an offense                             
08       under another law or ordinance with similar elements.                                                             
09    * Sec. 7. AS 11.46.220(c) is amended to read:                                                                      
10            (c)  Concealment of merchandise is                                                                           
11                 (1)  a class C felony if                                                                                
12                      (A)  the merchandise is a firearm;                                                                 
13                      (B)  the value of the merchandise is $1,000 [$750] or more; or                                 
14                      (C)  the value of the merchandise is $250 or more but less than                                    
15            $1,000 [$750] and, within the preceding five years, the person has been                                  
16            convicted and sentenced on two or more separate occasions in this or another                                 
17            jurisdiction of                                                                                              
18                           (i)  the offense of concealment of merchandise under                                          
19                 this paragraph or (2)(A) of this subsection, or an offense under another                                
20                 law or ordinance with similar elements; or                                                              
21                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
22                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
23                 similar elements;                                                                                       
24                 (2)  a class A misdemeanor if                                                                           
25                      (A)  the value of the merchandise is $250 or more but less than                                    
26            $1,000 [$750]; or                                                                                        
27                      (B)  the value of the merchandise is less than $250 and, within                                    
28            the preceding five years, the person has been convicted and sentenced on two                                 
29            or more separate occasions of the offense of concealment of merchandise or                                   
30            theft in any degree, or an offense under another law or ordinance with similar                               
31            elements;                                                                                                    
01                 (3)  a class B misdemeanor if the value of the merchandise is less than                                 
02       $250.                                                                                                             
03    * Sec. 8. AS 11.46.260(b) is amended to read:                                                                      
04            (b)  Removal of identification marks is                                                                      
05                 (1)  a class C felony if the value of the property on which the serial                                  
06       number or identification mark appeared is $1,000 [$750] or more;                                              
07                 (2)  a class A misdemeanor if the value of the property on which the                                    
08       serial number or identification mark appeared is $250 or more but less than $1,000                            
09       [$750];                                                                                                           
10                 (3)  a class B misdemeanor if the value of the property on which the                                    
11       serial number or identification mark appeared is less than $250.                                                  
12    * Sec. 9. AS 11.46.270(b) is amended to read:                                                                      
13            (b)  Unlawful possession is                                                                                  
14                 (1)  a class C felony if the value of the property on which the serial                                  
15       number or identification mark appeared is $1,000 [$750] or more;                                              
16                 (2)  a class A misdemeanor if the value of the property on which the                                    
17       serial number or identification mark appeared is $250 or more but less than $1,000                            
18       [$750];                                                                                                           
19                 (3)  a class B misdemeanor if the value of the property on which the                                    
20       serial number or identification mark appeared is less than $250.                                                  
21    * Sec. 10. AS 11.46.280(d) is amended to read:                                                                     
22            (d)  Issuing a bad check is                                                                                  
23                 (1)  a class B felony if the face amount of the check is $25,000 or more;                               
24                 (2)  a class C felony if the face amount of the check is $1,000 [$750] or                           
25       more but less than $25,000;                                                                                       
26                 (3)  a class A misdemeanor if the face amount of the check is $250 or                                   
27       more but less than $1,000 [$750];                                                                             
28                 (4)  a class B misdemeanor if the face amount of the check is less than                                 
29       $250.                                                                                                             
30    * Sec. 11. AS 11.46.285(b) is amended to read:                                                                     
31            (b)  Fraudulent use of an access device is                                                                   
01                 (1)  a class B felony if the value of the property or services obtained is                              
02       $25,000 or more;                                                                                                  
03                 (2)  a class C felony if the value of the property or services obtained is                              
04       $1,000 [$750] or more but less than $25,000;                                                                  
05                 (3)  a class A misdemeanor if the value of the property or services                                     
06       obtained is less than $1,000 [$750].                                                                          
07    * Sec. 12. AS 11.46.295 is amended to read:                                                                        
08            Sec. 11.46.295. Prior convictions. For purposes of considering prior                                       
09       convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR                                          
10       11.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under                                 
11       AS 11.46.220(c),                                                                                                  
12                 (1)  a conviction for an offense under another law or ordinance with                                    
13       similar elements is a conviction of an offense having elements similar to those of an                             
14       offense defined as such under Alaska law at the time the offense was committed;                                   
15                 (2)  a conviction for an offense under Alaska law where the value of the                                
16       property or services for the offense was lower than the value of property or services                             
17       for the offense under current Alaska law is a prior conviction for that offense; and                              
18                 (3)  the court shall consider the date of a prior conviction as occurring                               
19       on the date that sentence is imposed for the prior offense.                                                       
20    * Sec. 13. AS 11.46.360(a) is amended to read:                                                                     
21            (a)  A person commits the crime of vehicle theft in the first degree if, having                              
22       no right to do so or any reasonable ground to believe the person has such a right, the                            
23       person drives, tows away, or takes                                                                                
24                 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                               
25       of another;                                                                                                       
26                 (2)  the propelled vehicle of another and                                                               
27                      (A)  the vehicle or any other property of another is damaged in a                                  
28            total amount of $1,000 [$750] or more;                                                                   
29                      (B)  the owner incurs reasonable expenses as a result of the loss                                  
30            of use of the vehicle, in a total amount of $1,000 [$750] or more; or                                    
31                      (C)  the owner is deprived of the use of the vehicle for seven                                     
01            days or more;                                                                                                
02                 (3)  the propelled vehicle of another and the vehicle is marked as a                                    
03       police or emergency vehicle; or                                                                                   
04                 (4)  the propelled vehicle of another and, within the preceding seven                                   
05       years, the person was convicted under                                                                             
06                      (A)  this section or AS 11.46.365;                                                                 
07                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
08                      (C)  former AS 11.46.484(a)(2);                                                                    
09                      (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                    
10            of a propelled vehicle; or                                                                                   
11                      (E)  a law or ordinance of this or another jurisdiction with                                       
12            elements substantially similar to those of an offense described in (A) - (D) of                              
13            this paragraph.                                                                                              
14    * Sec. 14. AS 11.46.460 is amended to read:                                                                        
15            Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits                                   
16       the offense [CRIME] of disregard of a highway obstruction if, without the right to do                         
17       so or a reasonable ground to believe the person has the right, the person                                         
18                 (1)  drives a vehicle through, over, or around an obstruction erected on                            
19       [UPON] a highway under authority of AS 19.10.100; or                                                              
20                 (2)  opens an obstruction erected on [UPON] a highway under authority                               
21       of AS 19.10.100.                                                                                                  
22            (b)  Violation of this section is a violation punishable by a fine of not more                           
23       than $1,000 [CLASS B MISDEMEANOR].                                                                            
24    * Sec. 15. AS 11.46.482(a) is amended to read:                                                                     
25            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
26       having no right to do so or any reasonable ground to believe the person has such a                                
27       right,                                                                                                            
28                 (1)  with intent to damage property of another, the person damages                                      
29       property of another in an amount of $1,000 [$750] or more;                                                    
30                 (2)  the person recklessly creates a risk of damage in an amount                                        
31       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
01                 (3)  the person knowingly                                                                               
02                      (A)  defaces, damages, or desecrates a cemetery or the contents                                    
03            of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                  
04            grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                 
05            memorial appears to be abandoned, lost, or neglected;                                                        
06                      (B)  removes human remains or associated burial artifacts from                                     
07            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
08            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
09    * Sec. 16. AS 11.46.484(a) is amended to read:                                                                     
10            (a)  A person commits the crime of criminal mischief in the fourth degree if,                                
11       having no right to do so or any reasonable ground to believe the person has such a                                
12       right                                                                                                             
13                 (1)  with intent to damage property of another, the person damages                                      
14       property of another in an amount of $250 or more but less than $1,000 [$750];                                 
15                 (2)  the person tampers with a fire protection device in a building that is                             
16       a public place;                                                                                                   
17                 (3)  the person knowingly accesses a computer, computer system,                                         
18       computer program, computer network, or part of a computer system or network;                                      
19                 (4)  the person uses a device to descramble an electronic signal that has                               
20       been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                
21       device is used only to descramble signals received directly from a satellite or unless                            
22       the person owned the device before September 18, 1984; or                                                         
23                 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                
24       shoots at, destroys, or otherwise tampers with an official traffic control device or                              
25       damages the work on [UPON] a highway under construction.                                                      
26    * Sec. 17. AS 11.46.530(b) is amended to read:                                                                     
27            (b)  Criminal simulation is                                                                                  
28                 (1)  a class C felony if the value of what the object purports to represent                             
29       is $1,000 [$750] or more;                                                                                     
30                 (2)  a class A misdemeanor if the value of what the object purports to                                  
31       represent is $250 or more but less than $1,000 [$750];                                                        
01                 (3)  a class B misdemeanor if the value of what the object purports to                                  
02       represent is less than $250.                                                                                      
03    * Sec. 18. AS 11.46.620(d) is amended to read:                                                                     
04            (d)  Misapplication of property is                                                                           
05                 (1)  a class C felony if the value of the property misapplied is $1,000                             
06       [$750] or more;                                                                                                   
07                 (2)  a class A misdemeanor if the value of the property misapplied is                                   
08       less than $1,000 [$750].                                                                                      
09    * Sec. 19. AS 11.46.730(c) is amended to read:                                                                     
10            (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                
11       judgment creditor, or creditor incurs a pecuniary loss of $1,000 [$750] or more as a                          
12       result of [TO] the defendant's conduct, in which case defrauding secured creditors is                         
13                 (1)  a class B felony if the loss is $25,000 or more;                                                   
14                 (2)  a class C felony if the loss is $1,000 [$750] or more but less than                            
15       $25,000.                                                                                                          
16    * Sec. 20. AS 11.56.730(a) is amended to read:                                                                     
17            (a)  A person commits the offense [CRIME] of failure to appear if the person                             
18                 (1)  is released under the provisions of AS 12.30;                                                      
19                 (2)  knows that the person is required to appear before a court or                                      
20       judicial officer at the time and place of a scheduled hearing; and                                                
21                 (3)  with criminal negligence does not appear before the court or                                       
22       judicial officer at the time and place of the scheduled hearing.                                                  
23    * Sec. 21. AS 11.56.730(c) is amended to read:                                                                     
24            (c)  A person who commits failure to appear incurs a forfeiture of any security                              
25       for any appearance of the person that was given or pledged to the court for the person's                          
26       release [, AND IS GUILTY OF A                                                                                     
27                 (1)  CLASS C FELONY IF THE PERSON WAS RELEASED IN                                                       
28       CONNECTION WITH A CHARGE OF A FELONY, OR WHILE AWAITING                                                           
29       SENTENCE OR APPEAL AFTER CONVICTION OF A FELONY;                                                                  
30                 (2)  CLASS A MISDEMEANOR IF THE PERSON WAS RELEASED                                                     
31       IN CONNECTION WITH A                                                                                              
01                      (A)  CHARGE OF A MISDEMEANOR, OR WHILE                                                             
02            AWAITING SENTENCE OR APPEAL AFTER CONVICTION OF A                                                            
03            MISDEMEANOR; OR                                                                                              
04                      (B)  REQUIREMENT TO APPEAR AS A MATERIAL                                                           
05            WITNESS IN A CRIMINAL PROCEEDING].                                                                           
06    * Sec. 22. AS 11.56.730 is amended by adding new subsections to read:                                              
07            (d)  Failure to appear is a                                                                                  
08                 (1)  class C felony if the person was released in connection with a                                     
09       charge of a felony or while awaiting sentence or appeal after conviction of a felony                              
10       and the person                                                                                                    
11                      (A)  does not make contact with the court or a judicial officer                                    
12            within 30 days after the person does not appear at the time and place of a                                   
13            scheduled hearing; or                                                                                        
14                      (B)  does not appear at the time and place of a scheduled                                          
15            hearing to avoid prosecution;                                                                                
16                 (2)  class A misdemeanor if the person was released in connection with                                  
17       a charge of a misdemeanor, while awaiting sentence or appeal after conviction of a                                
18       misdemeanor, or requirement to appear as a material witness in a criminal proceeding,                             
19       and the person                                                                                                    
20                      (A)  does not make contact with the court or a judicial officer                                    
21            within 30 days after the person does not appear at the time and place of a                                   
22            scheduled hearing; or                                                                                        
23                      (B)  does not appear at the time and place of a scheduled                                          
24            hearing to avoid prosecution; or                                                                             
25                 (3)  violation punishable by a fine of up to $1,000.                                                    
26            (e)  In a prosecution for failure to appear under (a) of this section, it is not a                           
27       defense that the defendant did not receive a reminder notification from a court or                                
28       judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure.                                            
29    * Sec. 23. AS 11.56.757(a) is amended to read:                                                                     
30            (a)  A person commits the offense [CRIME] of violation of condition of                                   
31       release if the person                                                                                             
01                 (1)  has been charged with a crime or convicted of a crime;                                             
02                 (2)  has been released under AS 12.30; and                                                              
03                 (3)  violates a condition of release imposed by a judicial officer under                                
04       AS 12.30, other than the requirement to appear as ordered by a judicial officer.                                  
05    * Sec. 24. AS 11.56.757(b) is amended to read:                                                                     
06            (b)  Violation of condition of release is a violation punishable by a fine of up                         
07       to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED                                                
08       FROM A CHARGE OR CONVICTION OF A FELONY;                                                                          
09                 (2)  A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED                                                    
10       FROM A CHARGE OR CONVICTION OF A MISDEMEANOR].                                                                    
11    * Sec. 25. AS 11.56.759(a) is amended to read:                                                                     
12            (a)  A person commits the crime of violation by sex offender of condition of                                 
13       probation if the person                                                                                           
14                 (1)  is on probation for conviction of a sex offense;                                                   
15                 (2)  has served the entire term of incarceration imposed for conviction                                 
16       of the sex offense; and                                                                                           
17                 (3)  violates a condition of probation imposed under                                                    
18       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),                       
19       or any other condition imposed by the court that the court finds to be specifically                               
20       related to the defendant's offense.                                                                               
21    * Sec. 26. AS 11.61.110(c) is amended to read:                                                                     
22            (c)  Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS                                       
23       AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT,                                                    
24       IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 10                                                      
25       DAYS].                                                                                                            
26    * Sec. 27. AS 11.61.145(d) is amended to read:                                                                     
27            (d)  Promoting an exhibition of fighting animals                                                             
28                 (1)  under (a)(1) or (2) of this section is a class C felony;                                           
29                 (2)  under (a)(3) of this section is                                                                    
30                      (A)  a violation                                                                               
31                           (i)  for the first offense;                                                           
01                           (ii)  punishable by a fine of not more than $1,000 [, A                                   
02                 CLASS B MISDEMEANOR] for the second offense; [,] and                                                
03                      (B)  a class A misdemeanor for the third and each subsequent                                   
04            offense.                                                                                                     
05    * Sec. 28. AS 11.61.150(a) is amended to read:                                                                     
06            (a)  A person commits the offense [CRIME] of obstruction of highways if the                              
07       person knowingly                                                                                                  
08                 (1)  places, drops, or permits to drop on a highway any substance that                                  
09       creates a substantial risk of physical injury to others using the highway; or                                     
10                 (2)  renders a highway impassable or passable only with unreasonable                                    
11       inconvenience or hazard.                                                                                          
12    * Sec. 29. AS 11.61.150(c) is amended to read:                                                                     
13            (c)  Obstruction of highways is a violation punishable by a fine of not more                             
14       than $1,000 [CLASS B MISDEMEANOR].                                                                            
15    * Sec. 30. AS 11.66.100 is amended by adding a new subsection to read:                                             
16            (e)  A person may not be prosecuted under (a)(1) of this section if the                                      
17                 (1)  person witnessed or was a victim of, and reported to law                                           
18       enforcement in good faith, one or more of the following crimes:                                                   
19                      (A)  murder in the first degree under AS 11.41.100;                                                
20                      (B)  murder in the second degree under AS 11.41.110;                                               
21                      (C)  manslaughter under AS 11.41.120;                                                              
22                      (D)  criminally negligent homicide under AS 11.41.130;                                             
23                      (E)  assault in the first degree under AS 11.41.200;                                               
24                      (F)  assault in the second degree under AS 11.41.210;                                              
25                      (G)  assault in the third degree under AS 11.41.220;                                               
26                      (H)  assault in the fourth degree under AS 11.41.230;                                              
27                      (I)  sexual assault in the first degree under AS 11.41.410;                                        
28                      (J)  sexual assault in the second degree under AS 11.41.420;                                       
29                      (K)  sexual assault in the third degree under AS 11.41.425;                                        
30                      (L)  sexual assault in the fourth degree under AS 11.41.427;                                       
31                      (M)  sexual abuse of a minor in the first degree under                                             
01            AS 11.41.434;                                                                                                
02                      (N)  sexual abuse of a minor in the second degree under                                            
03            AS 11.41.436;                                                                                                
04                      (O)  sexual abuse of a minor in the third degree under                                             
05            AS 11.41.438;                                                                                                
06                      (P)  sexual abuse of a minor in the fourth degree under                                            
07            AS 11.41.440;                                                                                                
08                      (Q)  robbery in the first degree under AS 11.41.500;                                               
09                      (R)  robbery in the second degree under AS 11.41.510;                                              
10                      (S)  extortion under AS 11.41.520;                                                                 
11                      (T)  coercion under AS 11.41.530;                                                                  
12                      (U)  distribution of child pornography under AS 11.61.125;                                         
13                      (V)  possession of child pornography under AS 11.61.127;                                           
14                      (W)  sex trafficking in the first degree under AS 11.66.110;                                       
15                      (X)  sex trafficking in the second degree under AS 11.66.120;                                      
16                      (Y)  sex trafficking in the third degree under AS 11.66.130; or                                    
17                      (Z)  sex trafficking in the fourth degree under AS 11.66.135;                                      
18                 (2)  evidence supporting the prosecution under (a)(1) of this section                                   
19       was obtained or discovered as a result of the person reporting the crime to law                                   
20       enforcement; and                                                                                                  
21                 (3)  person cooperated with law enforcement personnel.                                                  
22    * Sec. 31. AS 11.66.110(a) is amended to read:                                                                     
23            (a)  A person commits the crime of sex trafficking in the first degree if the                                
24       person                                                                                                            
25                 (1)  induces or causes another [A] person to engage in prostitution                                 
26       through the use of force;                                                                                         
27                 (2)  as other than a patron of a prostitute, induces or causes another [A]                          
28       person who is under 20 years of age to engage in prostitution; or                                             
29                 (3)  induces or causes a person in that person's legal custody to engage                                
30       in prostitution.                                                                                                  
31    * Sec. 32. AS 11.66.130(a) is amended to read:                                                                     
01            (a)  A person commits the crime of sex trafficking in the third degree if, with                              
02       intent to promote prostitution, the person                                                                        
03                 (1)  manages, supervises, controls, or owns, either alone or in                                         
04       association with others, a place of prostitution;                                                                 
05                 (2)  as other than a patron of a prostitute, induces or causes another [A]                          
06       person who is 20 years of age or older to engage in prostitution;                                             
07                 (3)  as other than a prostitute receiving compensation for personally                                   
08       rendered prostitution services, receives or agrees to receive money or other property                             
09       under an agreement or understanding that the money or other property is derived from                              
10       prostitution; or                                                                                                  
11                 (4)  engages in conduct that institutes, aids, or facilitates a prostitution                            
12       enterprise.                                                                                                       
13    * Sec. 33. AS 11.66.130 is amended by adding a new subsection to read:                                             
14            (c)  A person does not act with the intent to promote prostitution under (a) of                              
15       this section if the person                                                                                        
16                 (1)  engages in prostitution in violation of AS 11.66.100(a) in a location                              
17       even if that location is shared with another person; and                                                          
18                 (2)  has not induced or caused another person in that location to engage                                
19       in prostitution.                                                                                                  
20    * Sec. 34. AS 11.66.135 is amended by adding a new subsection to read:                                             
21            (c)  A person does not institute, aid, or facilitate prostitution if the person                              
22                 (1)  engages in prostitution in violation of AS 11.66.100(a) in a location                              
23       even if that location is shared with another person; and                                                          
24                 (2)  has not induced or caused another person in that location to engage                                
25       in prostitution.                                                                                                  
26    * Sec. 35. AS 11.66.200(c) is amended to read:                                                                     
27            (c)  Gambling is a violation                                                                                 
28                 (1)  for the first offense;                                                                     
29                 (2)  punishable by a fine of not more than $1,000 [. GAMBLING IS                                    
30       A CLASS B MISDEMEANOR] for the second and each subsequent offense.                                                
31    * Sec. 36. AS 11.71.030(a) is amended to read:                                                                     
01            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
02       misconduct involving a controlled substance in the second [THIRD] degree if the                               
03       person                                                                                                            
04                 (1)  [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER                                                          
05       AS 11.71.020(a)(2) - (6),] manufactures or delivers, [ANY AMOUNT OF A                                         
06       SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] or possesses [ANY                                                      
07       AMOUNT OF A SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] with                                                       
08       intent to manufacture or deliver,                                                                             
09                      (A)  one or more preparations, compounds, mixtures, or                                         
10            substances of an aggregate weight of one gram or more containing a                                       
11            schedule IA controlled substance;                                                                        
12                      (B)  25 or more tablets, ampules, or syrettes containing a                                     
13            schedule IA controlled substance;                                                                        
14                      (C)  one or more preparations, compounds, mixtures, or                                         
15            substances of an aggregate weight of 2.5 grams or more containing a                                      
16            schedule IIA or IIIA controlled substance; or                                                            
17                      (D)  50 or more tablets, ampules, or syrettes containing a                                     
18            schedule IIA or IIIA controlled substance;                                                               
19                 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                       
20       substance to a person under 19 years of age who is at least three years younger than                              
21       the person delivering the substance; [OR]                                                                         
22                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
23                      (A)  with reckless disregard that the possession occurs                                            
24                           (i)  on or within 500 feet of school grounds; or                                              
25                           (ii)  at or within 500 feet of a recreation or youth center;                                  
26                 or                                                                                                      
27                      (B)  on a school bus;                                                                          
28                 (4)  manufactures any material, compound, mixture, or                                               
29       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                 (5)  possesses an immediate precursor of methamphetamine, or the                                    
04       salts, isomers, or salts of isomers of the immediate precursor of                                             
05       methamphetamine, with the intent to manufacture any material, compound,                                       
06       mixture, or preparation that contains methamphetamine, or its salts, isomers, or                              
07       salts of isomers;                                                                                             
08                 (6)  possesses a listed chemical with intent to manufacture any                                     
09       material, compound, mixture, or preparation that contains                                                     
10                      (A)  methamphetamine, or its salts, isomers, or salts of                                       
11            isomers; or                                                                                              
12                      (B)  an immediate precursor of methamphetamine, or its                                         
13            salts, isomers, or salts of isomers;                                                                     
14                 (7)  possesses methamphetamine in an organic solution with intent                                   
15       to extract from it methamphetamine or its salts, isomers, or salts of isomers; or                             
16                 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                   
17       delivers                                                                                                      
18                      (A)  an immediate precursor of methamphetamine, or the                                         
19            salts, isomers, or salts of isomers of the immediate precursor of                                        
20            methamphetamine, to another person with reckless disregard that the                                      
21            precursor will be used to manufacture any material, compound, mixture,                                   
22            or preparation that contains methamphetamine, or its salts, isomers, or                                  
23            salts of isomers; or                                                                                     
24                      (B)  a listed chemical to another person with reckless                                         
25            disregard that the listed chemical will be used to manufacture any                                       
26            material, compound, mixture, or preparation that contains                                                
27                           (i)  methamphetamine, or its salts, isomers, or salts of                                  
28                 isomers;                                                                                            
29                           (ii)  an immediate precursor of methamphetamine, or                                       
30                 its salts, isomers, or salts of isomers; or                                                         
31                           (iii)  methamphetamine or its salts, isomers, or salts                                    
01                 of isomers in an organic solution.                                                                  
02    * Sec. 37. AS 11.71.030(c) is amended to read:                                                                     
03            (c)  Misconduct involving a controlled substance in the second [THIRD]                                   
04       degree is a class B felony.                                                                                       
05    * Sec. 38. AS 11.71.030 is amended by adding new subsections to read:                                              
06            (d)  In a prosecution under (a) of this section, possession of more than six                                 
07       grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                 
08       the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                           
09       the person intended to use the listed chemicals to manufacture, aid or abet another                               
10       person to manufacture, or deliver to another person who intends to manufacture                                    
11       methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                             
12       of methamphetamine or its immediate precursors. The prima facie evidence described                                
13       in this subsection does not apply to a person who possesses                                                       
14                 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                   
15       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
16                      (A)  and the listed chemical was dispensed to the person under a                                   
17            valid prescription; or                                                                                       
18                      (B)  in the ordinary course of a legitimate business, or an                                        
19            employee of a legitimate business, as a                                                                      
20                           (i)  retailer or wholesaler;                                                                  
21                           (ii)  wholesale drug distributor licensed by the Board of                                     
22                 Pharmacy;                                                                                               
23                           (iii)  manufacturer of drug products licensed by the                                          
24                 Board of Pharmacy;                                                                                      
25                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
26                           (v)  health care professional licensed by the state; or                                       
27                 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                  
28       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                               
29       kept in a locked storage area on the premises of a legitimate business or nonprofit                               
30       organization operating a camp, lodge, school, day care center, treatment center, or                               
31       other organized group activity, and the location or nature of the activity, or the age of                         
01       the participants, makes it impractical for the participants in the activity to obtain                             
02       medicinal products.                                                                                               
03            (e)  In this section, "listed chemical" means a chemical described under                                     
04       AS 11.71.200.                                                                                                     
05    * Sec. 39. AS 11.71.040(a) is amended to read:                                                                     
06            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
07       misconduct involving a controlled substance in the third [FOURTH] degree if the                               
08       person                                                                                                            
09                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
10       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
11       substance with intent to manufacture or deliver;                                                                  
12                 (2)  manufactures or delivers, or possesses with the intent to                                          
13       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
14       of an aggregate weight of one ounce or more containing a schedule VIA controlled                                  
15       substance;                                                                                                        
16                 (3)  possesses                                                                                          
17                      (A)  any amount of a                                                                               
18                           (i)  schedule IA controlled substance listed in                                           
19                 AS 11.71.140(e); or                                                                                 
20                           (ii)  IIA controlled substance except a controlled                                            
21                 substance listed in AS 11.71.150(e)(11) - (15);                                                         
22                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
23            schedule IIIA or IVA controlled substance;                                                                   
24                      (C)  one or more preparations, compounds, mixtures, or                                             
25            substances of an aggregate weight of                                                                         
26                           (i)  three grams or more containing a schedule IIIA or                                        
27                 IVA controlled substance except a controlled substance in a form listed                                 
28                 in (ii) of this subparagraph;                                                                           
29                           (ii)  12 grams or more containing a schedule IIIA                                             
30                 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                  
31                 sprayed on or otherwise applied to tobacco, an herb, or another organic                                 
01                 material; or                                                                                            
02                           (iii)  500 milligrams or more of a schedule IIA                                               
03                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
04                      (D)  50 or more tablets, ampules, or syrettes containing a                                         
05            schedule VA controlled substance;                                                                            
06                      (E)  one or more preparations, compounds, mixtures, or                                             
07            substances of an aggregate weight of six grams or more containing a schedule                                 
08            VA controlled substance;                                                                                     
09                      (F)  one or more preparations, compounds, mixtures, or                                             
10            substances of an aggregate weight of four ounces or more containing a                                        
11            schedule VIA controlled substance; or                                                                        
12                      (G)  25 or more plants of the genus cannabis;                                                      
13                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
14                      (A)  with reckless disregard that the possession occurs                                            
15                           (i)  on or within 500 feet of school grounds; or                                              
16                           (ii)  at or within 500 feet of a recreation or youth center;                                  
17                 or                                                                                                      
18                      (B)  on a school bus;                                                                              
19                 (5)  knowingly keeps or maintains any store, shop, warehouse,                                           
20       dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                         
21       keeping or distributing controlled substances in violation of a felony offense under this                         
22       chapter or AS 17.30;                                                                                              
23                 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                 
24       thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                          
25       mark, imprint, or device of another or any likeness of any of these on [UPON] a drug,                         
26       drug container, or labeling so as to render the drug a counterfeit substance;                                     
27                 (7)  knowingly uses in the course of the manufacture or distribution of a                               
28       controlled substance a registration number that is fictitious, revoked, suspended, or                             
29       issued to another person;                                                                                         
30                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
31       material information from any application, report, record, or other document required                             
01       to be kept or filed under AS 17.30;                                                                               
02                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
03       fraud, forgery, deception, or subterfuge; [OR]                                                                    
04                 (10)  affixes a false or forged label to a package or other container                                   
05       containing any controlled substance; or                                                                       
06                 (11)  manufactures or delivers, or possesses with the intent to                                     
07       manufacture or deliver,                                                                                       
08                      (A)  one or more preparations, compounds, mixtures, or                                         
09            substances of an aggregate weight of less than one gram containing a                                     
10            schedule IA controlled substance;                                                                        
11                      (B)  less than 25 tablets, ampules, or syrettes containing a                                   
12            schedule IA controlled substance;                                                                        
13                      (C)  one or more preparations, compounds, mixtures, or                                         
14            substances of an aggregate weight of less than 2.5 grams containing a                                    
15            schedule IIA or IIIA controlled substance; or                                                            
16                      (D)  less than 50 tablets, ampules, or syrettes containing a                                   
17            schedule IIA or IIIA controlled substance.                                                               
18    * Sec. 40. AS 11.71.040(d) is amended to read:                                                                     
19            (d)  Misconduct involving a controlled substance in the third [FOURTH]                                   
20       degree is a class C felony.                                                                                       
21    * Sec. 41. AS 11.71.050 is amended to read:                                                                        
22            Sec. 11.71.050. Misconduct involving a controlled substance in the fourth                                
23       [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of                             
24       misconduct involving a controlled substance in the fourth [FIFTH] degree if the                               
25       person                                                                                                            
26                 (1)  manufactures or delivers, or possesses with the intent to                                          
27       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
28       of an aggregate weight of less than one ounce containing a schedule VIA controlled                                
29       substance;                                                                                                        
30                 (2)  possesses                                                                                          
31                      (A)  less than 25 tablets, ampules, or syrettes containing a                                       
01            schedule IIIA or IVA controlled substance;                                                                   
02                      (B)  one or more preparations, compounds, mixtures, or                                             
03            substances of an aggregate weight of less than                                                               
04                           (i)  three grams containing a schedule IIIA or IVA                                            
05                 controlled substance except a controlled substance in a form listed in                                  
06                 (ii) of this subparagraph;                                                                              
07                           (ii)  12 grams but more than six grams containing a                                           
08                 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16)                                  
09                 that has been sprayed on or otherwise applied to tobacco, an herb, or                                   
10                 another organic material; or                                                                            
11                           (iii)  500 milligrams containing a schedule IIA                                               
12                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                              
13                      (C)  less than 50 tablets, ampules, or syrettes containing a                                       
14            schedule VA controlled substance;                                                                            
15                      (D)  one or more preparations, compounds, mixtures, or                                             
16            substances of an aggregate weight of less than six grams containing a schedule                               
17            VA controlled substance; or                                                                                  
18                      (E)  one or more preparations, compounds, mixtures, or                                             
19            substances of an aggregate weight of one ounce or more containing a schedule                                 
20            VIA controlled substance; [OR]                                                                               
21                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
22       statement, invoice, or information required under AS 17.30; or                                                
23                 (4)  under circumstances not proscribed under                                                       
24       AS 11.71.040(a)(3)(A)(i) or 11.71.060(a)(2)(B), possesses any amount of a schedule                            
25       IA, IIA, IIIA, IVA, VA, or VIA controlled substance.                                                          
26            (b)  Misconduct involving a controlled substance in the fourth [FIFTH] degree                            
27       is a class A misdemeanor.                                                                                         
28    * Sec. 42. AS 11.71.060 is amended to read:                                                                        
29            Sec. 11.71.060. Misconduct involving a controlled substance in the fifth                                 
30       [SIXTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of                             
31       misconduct involving a controlled substance in the fifth [SIXTH] degree if the person                         
01                 (1)  uses or displays any amount of a schedule VIA controlled                                           
02       substance;                                                                                                        
03                 (2)  possesses one or more preparations, compounds, mixtures, or                                        
04       substances of an aggregate weight of                                                                              
05                      (A)  less than one ounce containing a schedule VIA controlled                                      
06            substance;                                                                                                   
07                      (B)  six grams or less containing a schedule IIIA controlled                                       
08            substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                    
09            otherwise applied to tobacco, an herb, or another organic material; or                                       
10                 (3)  refuses entry into a premise for an inspection authorized under                                    
11       AS 17.30.                                                                                                         
12            (b)  Misconduct involving a controlled substance in the fifth [SIXTH] degree                             
13       is a class B misdemeanor.                                                                                         
14    * Sec. 43. AS 11.71.311(a) is amended to read:                                                                     
15            (a)  A person may not be prosecuted for a violation of AS 11.71.030(a)(3),                                   
16       11.71.040(a)(3) or (4), 11.71.050(a)(2) or (4), or 11.71.060(a)(1) or (2) if that person                      
17                 (1)  sought, in good faith, medical or law enforcement assistance for                                   
18       another person who the person reasonably believed was experiencing a drug overdose                                
19       and                                                                                                               
20                      (A)  the evidence supporting the prosecution for an offense                                        
21            under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(2) or (4), or                             
22            11.71.060(a)(1) or (2) was obtained or discovered as a result of the person                                  
23            seeking medical or law enforcement assistance;                                                               
24                      (B)  the person remained at the scene with the other person until                                  
25            medical or law enforcement assistance arrived; and                                                           
26                      (C)  the person cooperated with medical or law enforcement                                         
27            personnel, including by providing identification;                                                            
28                 (2)  was experiencing a drug overdose and sought medical assistance,                                    
29       and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                
30       11.71.040(a)(3) or (4), 11.71.050(a)(2) or (4), or 11.71.060(a)(1) or (2) was obtained                        
31       as a result of the overdose and the need for medical assistance.                                                  
01    * Sec. 44. AS 12.25.150(a) is amended to read:                                                                     
02            (a)  A person arrested shall be taken before a judge or magistrate without                                   
03       unnecessary delay [,] and in any event within 24 [48] hours after arrest, absent                          
04       compelling circumstances, including Sundays and holidays. The unavailability of a                         
05       report prepared by the pretrial services officer under AS 33.07 or a delay in the                             
06       transmittal of that report to the parties or to the court may not be considered a                             
07       sufficient compelling circumstance to justify delaying a hearing beyond 24 hours.                             
08       The hearing before the judge or magistrate may not take place more than 48                                    
09       hours after arrest. This requirement applies to municipal police officers to the same                         
10       extent as it does to state troopers.                                                                              
11    * Sec. 45. AS 12.25.180 is amended to read:                                                                        
12            Sec. 12.25.180. When peace officer may issue citation or take person                                       
13       before the court. (a) When a peace officer stops or contacts a person for the                                   
14       commission of a class C felony offense, a misdemeanor, or the violation of a                              
15       municipal ordinance, the officer may, in the officer's discretion, issue a citation to the                        
16       person instead of taking the person before a judge or magistrate under AS 12.25.150,                              
17       except the officer may arrest if [UNLESS]                                                                     
18                 (1)  the person does not furnish satisfactory evidence of identity;                                     
19                 (2)  the peace [CONTACTING] officer reasonably believes the person                                  
20       is a danger to [SELF OR] others;                                                                                  
21                 (3)  the crime for which the person is contacted is one involving                                       
22       violence or harm to another person or to property;                                                                
23                 (4)  the person asks to be taken before a judge or magistrate under                                     
24       AS 12.25.150; or                                                                                                  
25                 (5)  the peace officer has probable cause to believe the person                                         
26       committed a crime involving domestic violence; in this paragraph, "crime involving                                
27       domestic violence" has the meaning given in AS 18.66.990.                                                         
28            (b)  When a peace officer stops or contacts a person for the commission of an                                
29       infraction or a violation, the officer shall issue a citation instead of taking the person                        
30       before a judge or magistrate under AS 12.25.150, except the officer may arrest if                             
31       [UNLESS]                                                                                                          
01                 (1)  the person does not furnish satisfactory evidence of identity; [OR]                                
02                 (2)  the person refuses to accept service of the citation; or                                       
03                 (3)  the peace officer has probable cause to believe the person has                                 
04       committed                                                                                                     
05                      (A)  a violation of conditions of release under AS 11.56.757;                                  
06            or                                                                                                       
07                      (B)  the offense of failure to appear under AS 11.56.730.                                    
08    * Sec. 46. AS 12.25.180 is amended by adding a new subsection to read:                                             
09            (c)  A person may not bring a civil action for damages for a failure to comply                               
10       with the provisions of this section.                                                                              
11    * Sec. 47. AS 12.25.190(b) is amended to read:                                                                     
12            (b)  The time specified in the notice to appear shall be at least two [FIVE]                             
13       working days after the issuance of the citation under AS 12.25.180(a).                                        
14    * Sec. 48. AS 12.25.190 is amended by adding a new subsection to read:                                             
15            (d)  The time specified in the notice to appear shall be at least five working                               
16       days after issuance of the citation under AS 12.25.180(b).                                                        
17    * Sec. 49. AS 12.30.006(b) is amended to read:                                                                     
18            (b)  At the first appearance before a judicial officer, a person who is charged                              
19       with a felony, other than a class C felony and the person has been assessed as low                            
20       risk under AS 12.30.011(c)(1), may be detained up to 48 hours for the prosecuting                             
21       authority to demonstrate that release of the person under AS 12.30.011                                        
22       [AS 12.30.011(a)] would not reasonably ensure [ASSURE] the appearance of the                                  
23       person or will pose a danger to the victim, other persons, or the community.                                      
24    * Sec. 50. AS 12.30.006(c) is amended to read:                                                                     
25            (c)  A person who remains in custody 48 hours after appearing before a judicial                              
26       officer because of inability to meet the conditions of release shall, upon application, be                        
27       entitled to have the conditions reviewed by the judicial officer who imposed them. If                             
28       the judicial officer who imposed the conditions of release is not available, any judicial                         
29       officer in the judicial district may review the conditions. Upon review of the                                
30       conditions, the judicial officer shall revise any conditions of release that have                             
31       prevented the defendant from being released unless the judicial officer finds on                              
01       the record that there is clear and convincing evidence that less restrictive release                          
02       conditions cannot reasonably ensure the                                                                       
03                 (1)  appearance of the person in court; and                                                         
04                 (2)  safety of the victim, other persons, and the community.                                        
05    * Sec. 51. AS 12.30.006(d) is amended to read:                                                                     
06            (d)  If a person remains in custody after review of conditions by a judicial                                 
07       officer under (c) of this section, the person may request a subsequent review of                                  
08       conditions. Unless the prosecuting authority stipulates otherwise or the person has                               
09       been incarcerated for a period equal to the maximum sentence for the most serious                                 
10       charge for which the person is being held, a judicial officer may not schedule a bail                             
11       review hearing under this subsection unless                                                                       
12                 (1)  the person provides to the court and the prosecuting authority a                                   
13       written statement that new information not considered at the previous review will be                              
14       presented at the hearing; the statement must include a description of the information                             
15       and the reason the information was not presented at a previous hearing; in this                                   
16       paragraph, "new information" includes [DOES NOT INCLUDE] the person's                                     
17       inability to post the required bail;                                                                              
18                 (2)  the prosecuting authority and any surety, if applicable, have at least                             
19       48 hours' written notice before the time set for the review requested under this                                  
20       subsection; the defendant shall notify the surety; and                                                            
21                 (3)  at least seven days have elapsed between the previous review and                                   
22       the time set for the requested review; however, a person may receive only one bail                            
23       review hearing solely for inability to pay.                                                                   
24    * Sec. 52. AS 12.30.006(f) is amended to read:                                                                     
25            (f)  The judicial officer shall issue written or oral findings that explain the                              
26       reasons the officer imposed the particular conditions of release or modifications or                              
27       additions to conditions previously imposed. The judicial officer shall inform the                                 
28       person that a law enforcement officer or a pretrial services officer under AS 33.07                           
29       may arrest the person without a warrant for violation of the court's order establishing                           
30       conditions of release.                                                                                            
31    * Sec. 53. AS 12.30.011 is repealed and reenacted to read:                                                         
01            Sec. 12.30.011. Release before trial. (a) A judicial officer may order that a                              
02       person charged with an offense, in addition to other conditions imposed under this                                
03       section, be released                                                                                              
04                 (1)  on the person's own recognizance;                                                                  
05                 (2)  upon execution of an unsecured appearance bond; or                                                 
06                 (3)  upon execution of an unsecured performance bond.                                                   
07            (b)  A person charged with a misdemeanor that does not include an offense                                    
08       under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense                                
09       as defined in AS 12.63.100, or a crime involving domestic violence as defined under                               
10       AS 18.66.990 and who is assessed by a pretrial services officer as                                                
11                 (1)  low to moderate risk shall be released on the person's own                                         
12       recognizance or upon execution of an unsecured appearance bond or unsecured                                       
13       performance bond; or                                                                                              
14                 (2)  high risk shall be released on the person's own recognizance or                                    
15       upon execution of an unsecured appearance bond or unsecured performance bond                                      
16       unless the judicial officer finds on the record that there is clear and convincing                                
17       evidence that no nonmonetary conditions of release in combination with the release of                             
18       the person on the person's own recognizance or upon execution of an unsecured bond                                
19       can reasonably ensure the appearance of the person in court and the safety of the                                 
20       victim, other persons, and the community.                                                                         
21            (c)  A person charged with a class C felony that does not include an offense                                 
22       under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032, a sex offense as defined                                
23       in AS 12.63.100, or a crime involving domestic violence as defined under                                          
24       AS 18.66.990 and who is assessed by a pretrial services officer as                                                
25                 (1)  low risk shall be released on the person's own recognizance or                                     
26       upon execution of an unsecured appearance bond or unsecured performance bond; or                                  
27                 (2)  moderate to high risk shall be released on the person's own                                        
28       recognizance or upon execution of an unsecured appearance bond or unsecured                                       
29       performance bond unless the judicial officer finds on the record that there is clear and                          
30       convincing evidence that no nonmonetary conditions of release in combination with                                 
31       the release of the person on the person's own recognizance or upon execution of an                                
01       unsecured bond can reasonably ensure the appearance of the person in court and the                                
02       safety of the victim, other persons, and the community.                                                           
03            (d)  A person charged under AS 28.35.030 or 28.35.032 who is assessed by a                                   
04       pretrial services officer as low, moderate, or high risk shall be released on the person's                        
05       own recognizance or upon execution of an unsecured appearance bond or unsecured                                   
06       performance bond unless the judicial officer finds on the record that there is clear and                          
07       convincing evidence that no nonmonetary conditions of release in combination with                                 
08       the release of the person on the person's own recognizance or upon execution of an                                
09       unsecured bond can reasonably ensure the appearance of the person in court and the                                
10       safety of the victim, other persons, and the community.                                                           
11            (e)  A person charged under AS 11.56.730 or 11.56.757 who is assessed by a                                   
12       pretrial services officer as                                                                                      
13                 (1)  low to moderate risk shall be released on the person's own                                         
14       recognizance or upon execution of an unsecured appearance bond or unsecured                                       
15       performance bond unless the judicial officer finds on the record that there is clear and                          
16       convincing evidence that no nonmonetary conditions of release in combination with                                 
17       the release of the person on the person's own recognizance or upon execution of an                                
18       unsecured bond can reasonably ensure the appearance of the person in court and the                                
19       safety of the victim, other persons, and the community; or                                                        
20                 (2)  high risk may be required, singly or in combination, in addition to                                
21       other conditions specified in this section, to deposit with the court and execute                                 
22                      (A)  an appearance bond with a posting not to exceed 10 percent                                    
23            of the specified amount of the bond with the condition that the deposit be                                   
24            returned upon the appearance of the person at scheduled hearings;                                            
25                      (B)  a bail bond with sufficient solvent sureties or the deposit of                                
26            cash; or                                                                                                     
27                      (C)  a performance bond with a full or partial posting of the                                      
28            specified amount of the bond with the condition that the deposit be returned                                 
29            upon the performance of the conditions of release set by the court.                                          
30            (f)  A person charged with an offense who is not otherwise required to be                                    
31       released under (b) - (e) of this section and who is assessed by a pretrial services officer                       
01       as                                                                                                                
02                 (1)  low risk shall be released on the person's own recognizance or                                     
03       upon execution of an unsecured appearance bond or unsecured performance bond                                      
04       unless the judicial officer finds on the record that there is clear and convincing                                
05       evidence that no nonmonetary conditions of release in combination with the release of                             
06       the person on the person's own recognizance or upon execution of an unsecured bond                                
07       can reasonably ensure the appearance of the person in court and the safety of the                                 
08       victim, other persons, and the community; or                                                                      
09                 (2)  moderate to high risk may be required, singly or in combination, in                                
10       addition to other conditions specified in this section, to deposit with the court and                             
11       execute                                                                                                           
12                      (A)  an appearance bond with a posting not to exceed 10 percent                                    
13            of the specified amount of the bond with the condition that the deposit be                                   
14            returned upon the appearance of the person at scheduled hearings;                                            
15                      (B)  a bail bond with sufficient solvent sureties or the deposit of                                
16            cash; or                                                                                                     
17                      (C)  a performance bond with a full or partial posting of the                                      
18            specified amount of the bond with the condition that the deposit be returned                                 
19            upon the performance of the conditions of release set by the court.                                          
20        (g) A person released under this section shall be released on the condition that the                             
21 person                                                                                                                  
22                 (1)  obey all court orders;                                                                             
23                 (2)  obey all laws;                                                                                     
24                 (3)  make all court appearances;                                                                        
25                 (4)  maintain contact with the person's pretrial services officer, if one is                            
26       appointed by the court, and follow the pretrial services officer's instructions;                                  
27                 (5)  maintain contact with the person's attorney;                                                       
28                 (6)  notify the person's attorney or, if the person is not represented by                               
29       an attorney, the pretrial services officer or the court within 24 hours after a change in                         
30       the person's residence.                                                                                           
31            (h)  The judicial officer may, singly or in combination, order additional                                    
01       conditions if the condition or conditions are the least restrictive conditions that will                          
02       reasonably ensure the appearance of the person in court and the safety of the victim,                             
03       other persons, and the community. The judicial officer may                                                        
04                 (1)  place restrictions on the person's travel, association, or residence;                              
05                 (2)  order the person to refrain from possessing a deadly weapon on the                                 
06       person or in the person's vehicle or residence;                                                                   
07                 (3)  require the person to maintain employment or, if unemployed,                                       
08       actively seek employment;                                                                                         
09                 (4)  require the person to notify the person's lawyer and the prosecuting                               
10       authority within two business days after any change in employment;                                                
11                 (5)  require the person to avoid all contact with a victim, a potential                                 
12       witness, or a codefendant;                                                                                        
13                 (6)  require the person to refrain from the consumption and possession                                  
14       of alcoholic beverages;                                                                                           
15                 (7)  require the person to refrain from the use of a controlled substance                               
16       as defined by AS 11.71, unless prescribed by a licensed health care provider with                                 
17       prescriptive authority;                                                                                           
18                 (8)  require the person to be physically inside the person's residence, or                              
19       in the residence of the person's third-party custodian, at times set by the court, subject                        
20       to AS 12.30.021;                                                                                                  
21                 (9)  require the person to keep regular contact with a pretrial services                                
22       officer or law enforcement officer or agency;                                                                     
23                 (10)  order the person to refrain from entering or remaining in premises                                
24       licensed under AS 04;                                                                                             
25                 (11)  place the person in the custody of an individual who agrees to                                    
26       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
27                 (12)  if the person is under the treatment of a licensed health care                                    
28       provider, order the person to follow the provider's treatment recommendations;                                    
29                 (13)  order the person to take medication that has been prescribed for                                  
30       the person by a licensed health care provider with prescriptive authority;                                        
31                 (14)  require the person to comply with a program established under                                     
01       AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                 
02       abuse-related offense;                                                                                            
03                 (15)  order the person to comply with any other condition that is                                       
04       reasonably necessary to ensure the appearance of the person and to ensure the safety                              
05       of the victim, other persons, and the community.                                                                  
06            (i)  In determining the conditions of release under this chapter, the court shall                            
07       consider the following:                                                                                           
08                 (1)  the nature and circumstances of the offense charged;                                               
09                 (2)  the weight of the evidence against the person;                                                     
10                 (3)  the nature and extent of the person's family ties and relationships;                               
11                 (4)  the person's employment status and history;                                                        
12                 (5)  the length and character of the person's past and present residence;                               
13                 (6)  the person's record of convictions;                                                                
14                 (7)  the person's record of appearance at court proceedings;                                            
15                 (8)  assets available to the person to meet monetary conditions of                                      
16       release;                                                                                                          
17                 (9)  the person's reputation, character, and mental condition;                                          
18                 (10)  the effect of the offense on the victim, any threats made to the                                  
19       victim, and the danger that the person poses to the victim;                                                       
20                 (11)  the conditions of release recommended by the pretrial services                                    
21       officer;                                                                                                          
22                 (12)  the person's pretrial risk assessment score; and                                                  
23                 (13)  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            (j)  Except as otherwise provided in this chapter, the burden of proof is on the                             
26       prosecuting authority that a person charged with an offense should be detained or                                 
27       released with conditions described in this section or AS 12.30.016. Any monetary or                               
28       nonmonetary condition or conditions imposed by the court under this section shall be                              
29       the least restrictive condition or conditions that will reasonably ensure the appearance                          
30       of the person in court and the safety of the victim, other persons, and the community.                            
31            (k)  If the report prepared by the pretrial services officer under AS 33.07 is not                           
01       available at the time of the first appearance, bail review hearing, or bail hearing in                            
02       connection with a petition to revoke probation, the court shall impose the least                                  
03       restrictive condition or conditions that will reasonably ensure the appearance of the                             
04       person in court and the safety of the victim, other persons, and the community.                                 
05    * Sec. 54. AS 12.30.016(b) is amended to read:                                                                     
06            (b)  In a prosecution charging a violation of AS 04.11.010, 04.11.499,                                       
07       AS 28.35.030, or 28.35.032, a judicial officer may order the person                                               
08                 (1)  to refrain from                                                                                    
09                      (A)  consuming alcoholic beverages; or                                                             
10                      (B)  possessing on the person, in the person's residence, or in                                    
11            any vehicle or other property over which the person has control, alcoholic                                   
12            beverages;                                                                                                   
13                 (2)  to submit to a search without a warrant of the person, the person's                                
14       personal property, the person's residence, or any vehicle or other property over which                            
15       the person has control, for the presence of alcoholic beverages by a peace officer or                         
16       pretrial services officer who has reasonable suspicion that the person is violating the                       
17       conditions of the person's release by possessing alcoholic beverages;                                             
18                 (3)  to submit to a breath test when requested by a law enforcement                                     
19       officer or pretrial services officer;                                                                         
20                 (4)  to provide a sample for a urinalysis or blood test when requested by                               
21       a law enforcement officer or pretrial services officer;                                                       
22                 (5)  to take a drug or combination of drugs intended to prevent                                         
23       substance abuse;                                                                                                  
24                 (6)  to follow any treatment plan imposed by the court under                                            
25       AS 28.35.028;                                                                                                     
26                 (7)  to comply with a program established under AS 47.38.020.                                           
27    * Sec. 55. AS 12.30.016(c) is amended to read:                                                                     
28            (c)  In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial                               
29       officer may order the person                                                                                      
30                 (1)  to refrain from                                                                                    
31                      (A)  consuming a controlled substance; or                                                          
01                      (B)  possessing on the person, in the person's residence, or in                                    
02            any vehicle or other property over which the person has control, a controlled                                
03            substance or drug paraphernalia;                                                                             
04                 (2)  to submit to a search without a warrant of the person, the person's                                
05       personal property, the person's residence, or any vehicle or other property over which                            
06       the person has control, for the presence of a controlled substance or drug paraphernalia                          
07       by a peace officer or pretrial services officer who has reasonable suspicion that the                         
08       person is violating the terms of the person's release by possessing controlled                                    
09       substances or drug paraphernalia;                                                                                 
10                 (3)  to enroll in a random drug testing program, at the person's expense,                               
11       with testing to occur not less than once a week, or to submit to random drug                                  
12       testing by the pretrial services office in the Department of Corrections to detect                            
13       the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS                                           
14       THAN ONCE A WEEK, AND] with the results being submitted to the court and the                                      
15       prosecuting authority;                                                                                            
16                 (4)  to refrain from entering or remaining in a place where a controlled                                
17       substance is being used, manufactured, grown, or distributed;                                                     
18                 (5)  to refrain from being physically present at, within a two-block area                               
19       of, or within a designated area near, the location where the alleged offense occurred or                          
20       at other designated places, unless the person actually resides within that area;                                  
21                 (6)  to refrain from the use or possession of an inhalant; or                                           
22                 (7)  to comply with a program established under AS 47.38.020.                                           
23    * Sec. 56. AS 12.30.021(a) is amended to read:                                                                     
24            (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                
25       a judicial officer may appoint a third-party custodian if the officer finds, on the                           
26       record, that                                                                                                  
27                 (1)  pretrial supervision under AS 33.07 is not available in the                                    
28       person's location;                                                                                            
29                 (2)  no secured appearance or performance bonds have been                                           
30       ordered; and                                                                                                  
31                 (3)  no other conditions of release or combination of conditions can                                
01       [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER                                                        
02       CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety                                
03       of the victim, other persons, and the community.                                                                  
04    * Sec. 57. AS 12.30.021(c) is amended to read:                                                                     
05            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
06                 (1)  the proposed custodian is acting as a third-party custodian for                                    
07       another person;                                                                                                   
08                 (2)  the proposed custodian has been convicted in the previous three                                    
09       years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;                               
10                 (3)  criminal charges are pending in this state or another jurisdiction                                 
11       against the proposed custodian;                                                                                   
12                 (4)  the proposed custodian is on probation in this state or another                                    
13       jurisdiction for an offense;                                                                                      
14                 (5)  there is a reasonable probability that the state will call the                                 
15       proposed custodian [MAY BE CALLED] as a witness in the prosecution of the                                         
16       person;                                                                                                           
17                 (6)  the proposed custodian resides out of state; however, a nonresident                                
18       may serve as a custodian if the nonresident resides in the state while serving as                                 
19       custodian.                                                                                                        
20    * Sec. 58. AS 12.30.055 is amended by adding a new subsection to read:                                             
21            (b)  A person who is in custody in connection with a petition to revoke                                      
22       probation for a technical violation of probation under AS 12.55.110 shall be released                             
23       after the person has served the maximum number of days that the court could impose                                
24       on the person for a technical violation of probation under AS 12.55.110.                                          
25    * Sec. 59. AS 12.55.011 is amended by adding a new subsection to read:                                             
26            (b)  At the time of sentencing, the court shall provide the victim with a form                               
27       that                                                                                                              
28                 (1)  provides information on                                                                            
29                      (A)  whom the victim should contact if the victim has questions                                    
30            about the sentence or release of the offender;                                                               
31                      (B)  the potential for release of the offender on furlough,                                        
01            probation, or parole or for good time credit; and                                                            
02                 (2)  allows the victim to update the victim's contact information with                                  
03       the court, the Victim Information and Notification Everyday service, and with the                                 
04       Department of Corrections.                                                                                        
05    * Sec. 60. AS 12.55.025(a) is amended to read:                                                                     
06            (a)  When imposing a sentence for conviction of a felony offense or a sentence                               
07       of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a                                 
08       regulation adopted under AS 04, or an ordinance adopted in conformity with                                        
09       AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that                          
10       includes the following:                                                                                           
11                 (1)  a verbatim record of the sentencing hearing and any other in-court                                 
12       sentencing procedures;                                                                                            
13                 (2)  findings on material issues of fact and on factual questions required                              
14       to be determined as a prerequisite to the selection of the sentence imposed;                                      
15                 (3)  a clear statement of the terms of the sentence imposed; if a term of                               
16       imprisonment is imposed, the statement must include                                                               
17                      (A)  the approximate minimum term the defendant is expected                                        
18            to serve before being released or placed on mandatory parole if the defendant                                
19            is eligible for and does not forfeit good conduct deductions under                                           
20            AS 33.20.010; and                                                                                            
21                      (B)  if applicable, the approximate minimum term of                                                
22            imprisonment the defendant must serve before becoming eligible for release on                                
23            discretionary or administrative parole;                                                                  
24                 (4)  any recommendations as to the place of confinement or the manner                                   
25       of treatment; and                                                                                                 
26                 (5)  in the case of a conviction for a felony offense, information                                      
27       assessing                                                                                                         
28                      (A)  the financial, emotional, and medical effects of the offense                                  
29            on the victim;                                                                                               
30                      (B)  the need of the victim for restitution; and                                                   
31                      (C)  any other information required by the court.                                                  
01    * Sec. 61. AS 12.55.025(c) is amended to read:                                                                     
02            (c)  Except as provided in (d) of this section, when a defendant is sentenced to                             
03       imprisonment, the term of confinement commences on the date of imposition of                                      
04       sentence unless the court specifically provides that the defendant must report to serve                           
05       the sentence on another date. If the court provides another date to begin the term of                             
06       confinement, the court shall provide the defendant with written notice of the date,                               
07       time, and location of the correctional facility to which the defendant must report. A                             
08       defendant shall receive credit for time spent in custody pending trial, sentencing, or                            
09       appeal, if the detention was in connection with the offense for which sentence was                                
10       imposed including a technical violation of probation as provided in AS 12.55.110.                             
11       A defendant may not receive credit for more than the actual time spent in custody                                 
12       pending trial, sentencing, or appeal. The time during which a defendant is voluntarily                            
13       absent from official detention after the defendant has been sentenced may not be                                  
14       credited toward service of the sentence.                                                                          
15    * Sec. 62. AS 12.55.027(a) is amended to read:                                                                     
16            (a)  A court may grant a defendant credit toward a sentence of imprisonment                                  
17       for time spent in a treatment program that furthers the reformation and                                       
18       rehabilitation of the defendant if the court finds that the program places a                                  
19       substantial restriction on the defendant's freedom of movement and behavior and                               
20       is consistent with [OR UNDER ELECTRONIC MONITORING ONLY AS                                                    
21       PROVIDED IN] this section.                                                                                        
22    * Sec. 63. AS 12.55.027(b) is amended to read:                                                                     
23            (b)  A court may only grant credit under this section [A DEFENDANT ONE                               
24       DAY OF CREDIT TOWARD A SENTENCE OF IMPRISONMENT FOR EACH                                                          
25       FULL DAY THE DEFENDANT RESIDED IN THE FACILITY OF A                                                               
26       TREATMENT PROGRAM AND OBSERVED THE RULES OF THE                                                                   
27       TREATMENT PROGRAM AND THE FACILITY IF]                                                                            
28                 (1)  in the amount of one day of credit toward a sentence of                                        
29       imprisonment for each full day the defendant spent in a treatment program; and                                
30       [THE COURT FINDS THAT THE TREATMENT PROGRAM MEETS THE                                                             
31       STANDARDS DESCRIBED IN (c) OF THIS SECTION;]                                                                      
01                 (2)  if the court ordered [BEFORE] the defendant [ENTERED THE                                       
02       TREATMENT PROGRAM, THE COURT ORDERED THE DEFENDANT] to                                                            
03       [RESIDE IN THE FACILITY OF THE TREATMENT PROGRAM AND] participate                                                 
04       in and comply with the conditions of the treatment program before the defendant                           
05       entered the program [AS A CONDITION OF BAIL RELEASE OR A CONDITION                                            
06       OF PROBATION; AND                                                                                                 
07                 (3)  THE COURT HAS RECEIVED A WRITTEN REPORT FROM                                                       
08       THE DIRECTOR OF THE PROGRAM THAT                                                                                  
09                      (A)  STATES THAT THE DEFENDANT HAS                                                                 
10            PARTICIPATED IN THE TREATMENT PLAN PRESCRIBED FOR THE                                                        
11            DEFENDANT AND HAS COMPLIED WITH THE REQUIREMENTS OF                                                          
12            THE PLAN; AND                                                                                                
13                      (B)  SETS OUT THE NUMBER OF FULL DAYS THE                                                          
14            DEFENDANT RESIDED IN THE FACILITY OF THE TREATMENT                                                           
15            PROGRAM AND OBSERVED THE RULES OF THE TREATMENT                                                              
16            PROGRAM AND FACILITY].                                                                                       
17    * Sec. 64. AS 12.55.027(c) is repealed and reenacted to read:                                                      
18            (c)  In granting credit toward a sentence of imprisonment for time spent in a                                
19       treatment program, a court shall consider the following factors:                                                  
20                 (1)  the restrictions on the defendant's freedom of movement and                                        
21       behavior;                                                                                                         
22                 (2)  the circumstances under which the defendant was enrolled in the                                    
23       program;                                                                                                          
24                 (3)  the residency requirements of the program;                                                         
25                 (4)  the physical custody and supervision of the defendant at the                                       
26       program;                                                                                                          
27                 (5)  the circumstances under which the defendant is permitted to leave                                  
28       the program's facility;                                                                                           
29                 (6)  the rules of the program and the requirement that the defendant                                    
30       obey the orders of persons who have immediate custody or control over the defendant;                              
31                 (7)  the sanctions on the defendant for violating the program's rules or                                
01       orders;                                                                                                           
02                 (8)  whether the defendant is subject to arrest for leaving the program's                               
03       facility without permission;                                                                                      
04                 (9)  the use of an electronic monitoring device;                                                        
05                 (10)  whether the program provides substance abuse treatment;                                           
06                 (11)  the use of other technology that monitors or restricts the                                        
07       defendant's movement and behavior;                                                                                
08                 (12)  other factors that support the court's finding that the program                                   
09       places a substantial restriction on the defendant's freedom of movement and behavior;                             
10                 (13)  other factors that support the court's finding that the program                                   
11       furthers the reformation and rehabilitation of the defendant.                                                     
12    * Sec. 65. AS 12.55.027 is amended by adding new subsections to read:                                              
13            (f)  To qualify as a treatment program under this section, a program must                                    
14                 (1)  be intended to address criminogenic traits or behaviors;                                           
15                 (2)  provide measures of progress or completion; and                                                    
16                 (3)  require notification to the pretrial service office or probation officer                           
17       if the person is discharged from the program for noncompliance.                                                   
18            (g)  A court granting credit against a sentence of imprisonment under (d) of                                 
19       this section may grant credit of not more than 360 days against a total term of                                   
20       imprisonment imposed for                                                                                          
21                 (1)  a felony crime against a person under AS 11.41;                                                    
22                 (2)  a crime involving domestic violence as defined in AS 18.66.990;                                    
23                 (3)  a sex offense as defined in AS 12.63.100;                                                          
24                 (4)  an offense under AS 11.71 involving the delivery of a controlled                                   
25       substance to a person under 19 years of age;                                                                      
26                 (5)  burglary in the first degree under AS 11.46.300; or                                                
27                 (6)  arson in the first degree under AS 11.46.400.                                                    
28    * Sec. 66. AS 12.55.051(a) is amended to read:                                                                     
29            (a)  If the defendant defaults in the payment of a fine or any installment or of                             
30       restitution or any installment, the court may order the defendant to show cause why                               
31       the defendant should not be sentenced to imprisonment for nonpayment and, if the                                  
01       payment was made a condition of the defendant's probation, may revoke the probation                               
02       of the defendant subject to the limits set out in AS 12.55.110. In a contempt or                              
03       probation revocation proceeding brought as a result of failure to pay a fine or                                   
04       restitution, it is an affirmative defense that the defendant was unable to pay despite                            
05       having made continuing good faith efforts to pay the fine or restitution. If the court                            
06       finds that the defendant was unable to pay despite having made continuing good faith                              
07       efforts, the defendant may not be imprisoned solely because of the inability to pay. If                           
08       the court does not find that the default was attributable to the defendant's inability to                         
09       pay despite having made continuing good faith efforts to pay the fine or restitution, the                         
10       court may order the defendant imprisoned subject to the limits set out in                                     
11       AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of                                           
12       imprisonment imposed under this section may not exceed one day for each $50 of the                                
13       unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                         
14       be given toward satisfaction of the order of the court for every day a person is                                  
15       incarcerated for nonpayment of a fine or restitution.                                                             
16    * Sec. 67. AS 12.55.055(a) is amended to read:                                                                     
17            (a)  The court may order a defendant convicted of an offense to perform                                      
18       community work as a condition of probation, a suspended sentence, [OR] suspended                                  
19       imposition of sentence, or suspended entry of judgment, or in addition to any fine or                         
20       restitution ordered. If the defendant is sentenced to imprisonment, the court may                                 
21       recommend to the Department of Corrections that the defendant perform community                                   
22       work.                                                                                                           
23    * Sec. 68. AS 12.55.055(c) is amended to read:                                                                     
24            (c)  The court may offer a defendant convicted of an offense the option of                                   
25       performing community work in lieu of a fine, surcharge, or portion of a fine or                                   
26       surcharge if the court finds the defendant is unable to pay the fine. The value of                                
27       community work in lieu of a fine is the state's minimum wage for each [$3 PER]                                
28       hour.                                                                                                             
29    * Sec. 69. AS 12.55.055 is amended by adding new subsections to read:                                              
30            (g)  The court may not                                                                                       
31                 (1)  offer a defendant convicted of an offense the option of serving jail                               
01       time in lieu of performing uncompleted community work previously ordered by the                                   
02       court; or                                                                                                         
03                 (2)  convert uncompleted community work hours into a sentence of                                        
04       imprisonment.                                                                                                     
05            (h)  If a court orders community work as part of the defendant's sentence under                              
06       this section, the court shall provide notice to the defendant at sentencing and include                           
07       as a provision of the judgment that if the defendant fails to provide proof of                                    
08       community work within 20 days after the date set by the court, the court shall convert                            
09       those community work hours to a fine equal to the number of uncompleted work hours                                
10       multiplied by the state's minimum hourly wage and issue a judgment against the                                    
11       defendant for that amount.                                                                                        
12    * Sec. 70. AS 12.55 is amended by adding a new section to read:                                                    
13            Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f)                                
14       of this section, if a person is found guilty or pleads guilty to a crime, the court may,                          
15       with the consent of the defendant and the prosecution and without imposing or                                     
16       entering a judgment of guilt, defer further proceedings and place the person on                                   
17       probation. The period of probation may not exceed the applicable terms set out in                                 
18       AS 12.55.090(c).                                                                                                  
19            (b)  The court shall impose conditions of probation for a person on probation                                
20       as provided in (a) of this section, which may include that the person                                             
21                 (1)  abide by all local, state, and federal laws;                                                       
22                 (2)  not leave the state without prior consent of the court;                                            
23                 (3)  pay restitution as ordered by the court; and                                                       
24                 (4)  obey any other conditions of probation set by the court.                                           
25            (c)  At any time during the probationary term of the person released on                                      
26       probation, a probation officer may, without warrant or other process, rearrest the                                
27       person so placed in the officer's care and bring the person before the court, or the court                        
28       may, in its discretion, issue a warrant for the rearrest of the person. The court may                             
29       revoke and terminate the probation if the court finds that the person placed upon                                 
30       probation is                                                                                                      
31                 (1)  violating the conditions of probation;                                                             
01                 (2)  engaging in criminal practices; or                                                                 
02                 (3)  violating an order of the court to participate in or comply with the                               
03       treatment plan of a rehabilitation program under AS 12.55.015(a)(10).                                             
04            (d)  If the court finds that the person has successfully completed probation, the                            
05       court shall, at the end of the probationary period set by the court, or at any time after                         
06       the expiration of one year from the date of the original probation, discharge the person                          
07       and dismiss the proceedings against the person.                                                                   
08            (e)  If the court finds that the person has violated the conditions of probation                             
09       ordered by the court, the court may revoke and terminate the person's probation, enter                            
10       judgment on the person's previous plea or finding of guilt, and pronounce sentence at                             
11       any time within the maximum probation period authorized by this section.                                          
12            (f)  The court may not suspend the imposition or entry of judgment and may                                   
13       not defer prosecution under this section of a person who                                                          
14                 (1)  is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260                                 
15       - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400,                                          
16       AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135;                                                            
17                 (2)  uses a firearm in the commission of the offense for which the                                      
18       person is convicted;                                                                                              
19                 (3)  has previously been granted a suspension of judgment under this                                    
20       section or a similar statute in another jurisdiction, unless the court enters written                             
21       findings that by clear and convincing evidence the person's prospects for rehabilitation                          
22       are high and suspending judgment under this section adequately protects the victim of                             
23       the offense, if any, and the community;                                                                           
24                 (4)  is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony                                
25       and the person has one or more prior convictions for a misdemeanor violation of                                   
26       AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction                              
27       having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a                                
28       felony in this state; for the purposes of this paragraph, a person shall be considered to                         
29       have a prior conviction even if                                                                                   
30                      (A)  the charges were dismissed under this section;                                                
31                      (B)  the conviction has been set aside under AS 12.55.085; or                                      
01                      (C)  the charge or conviction was dismissed or set aside under                                     
02            an equivalent provision of the laws of another jurisdiction; or                                              
03                 (5)  has been convicted of a crime involving domestic violence, as                                      
04       defined by AS 18.66.990.                                                                                          
05    * Sec. 71. AS 12.55.090(b) is amended to read:                                                                     
06            (b)  Except as otherwise provided in (f) of this section, the court may revoke or                            
07       modify any condition of probation, [OR MAY] change the period of probation, or                            
08       terminate probation and discharge the defendant from probation.                                               
09    * Sec. 72. AS 12.55.090(c) is amended to read:                                                                     
10            (c)  The period of probation, together with any extension, may not exceed                                    
11                 (1)  15 [25] years for a felony sex offense; [OR]                                                   
12                 (2)  10 years for an unclassified felony under AS 11;                                               
13                 (3)  five years for a felony offense not listed in (1) or (2) of this                               
14       subsection;                                                                                                   
15                 (4)  three years for a misdemeanor offense                                                          
16                      (A)  under AS 11.41;                                                                           
17                      (B)  that is a crime involving domestic violence; or                                           
18                      (C)  that is a sex offense, as that term is defined in                                         
19            AS 12.63.100;                                                                                            
20                 (5)  two years for a misdemeanor offense under AS 28.35.030 or                                      
21       28.35.032, if the person has previously been convicted of an offense under                                    
22       AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another                                   
23       jurisdiction; or                                                                                              
24                 (6)  one year for an offense not listed in (1) - (5) of this subsection                             
25       [ANY OTHER OFFENSE].                                                                                            
26    * Sec. 73. AS 12.55.090(f) is amended to read:                                                                     
27            (f)  Unless the defendant and the prosecuting authority agree at the probation                               
28       revocation proceeding or other proceeding related to a probation violation, the                               
29       person qualifies for a reduction under AS 33.05.020(h) or a probation officer                                 
30       recommends to the court that probation be terminated and the defendant be                                     
31       discharged from probation under (g) of this section or AS 33.05.040, the court may                            
01       not reduce the specific period of probation [,] or the specific term of suspended                                 
02       incarceration except by the amount of incarceration imposed for a probation violation,                            
03       if                                                                                                                
04                 (1)  the sentence was imposed in accordance with a plea agreement                                       
05       under Rule 11, Alaska Rules of Criminal Procedure; and                                                            
06                 (2)  the agreement required a specific period of probation or a specific                                
07       term of suspended incarceration.                                                                                  
08    * Sec. 74. AS 12.55.090 is amended by adding new subsections to read:                                              
09            (g)  A probation officer shall recommend to the court that probation be                                      
10       terminated and a defendant be discharged from probation if the defendant                                          
11                 (1)  has completed at least one year on probation;                                                      
12                 (2)  has completed all treatment programs required as a condition of                                    
13       probation;                                                                                                        
14                 (3)  has not been found in violation of conditions of probation by the                                  
15       court for at least one year;                                                                                      
16                 (4)  is currently in compliance with all conditions of probation for all of                             
17       the cases for which the person is on probation; and                                                               
18                 (5)  has not been convicted of an unclassified felony offense, a sexual                                 
19       felony as defined by AS 12.55.185, or a crime involving domestic violence as defined                              
20       by AS 18.66.990.                                                                                                  
21            (h)  Before a court may terminate probation and discharge the defendant before                               
22       the period of probation for the offense has been completed under (g) of this section,                             
23       the court shall allow victims to comment in writing to the court or allow a victim to                             
24       give sworn testimony or make an unsworn oral presentation at a hearing held to                                    
25       determine whether to reduce the period of probation or terminate probation and                                    
26       discharge the defendant.                                                                                          
27            (i)  If a probation officer recommends to the court that probation be terminated                             
28       and a defendant be discharged from probation under (g) of this section, and if the                                
29       victim has earlier requested to be notified, the Department of Corrections shall send                             
30       the victim notice of the recommendation under (g) of this section and inform the                                  
31       victim of the victim's rights under this section, the deadline for receipt of written                             
01       comments, the hearing date, and the court's address.                                                              
02            (j)  If the victim submits written comments directly to the court and the parties                            
03       do not otherwise have the victim statements, the court shall distribute the statements to                         
04       the parties.                                                                                                      
05            (k)  In deciding whether to terminate probation and discharge the defendant                                  
06       from probation under (g) of this section, the court shall consider the victim's                                   
07       comments, testimony, or unsworn oral presentation, when relevant, and any response                                
08       by the prosecuting attorney and defendant.                                                                        
09            (l)  If a victim desires notice under this section, the victim shall maintain a                              
10       current, valid mailing address on file with the commissioner of corrections. The                                  
11       commissioner shall send the notice to the victim's last known address. The victim's                               
12       address may not be disclosed to the defendant or the defendant's attorney.                                        
13            (m)  The court shall discharge the defendant from probation upon completion                                  
14       of the period of probation. The period of probation is considered to be completed                                 
15       when the combination of time served and credits earned under AS 33.05.020 is equal                                
16       to the probation period imposed, or after the probationer has been discharged from                                
17       probation under this section.                                                                                     
18            (n)  In this section, "sex offense" has the meaning given in AS 12.63.100.                                   
19    * Sec. 75. AS 12.55.100(a) is amended to read:                                                                     
20            (a)  While on probation and among the conditions of probation, the defendant                                 
21                 (1)  shall be required to obey all state, federal, and local laws or                                
22       ordinances, and any court orders applicable to the probationer; and                                           
23                 (2)  may be required                                                                                
24                      (A) [(1)]  to pay a fine in one or several sums;                                               
25                      (B) [(2)]  to make restitution or reparation to aggrieved parties                              
26            for actual damages or loss caused by the crime for which conviction was had,                                 
27            including compensation to a victim that is a nonprofit organization for the                                  
28            value of labor or goods provided by volunteers if the labor or goods were                                    
29            necessary to alleviate or mitigate the effects of the defendant's crime; when                                
30            determining the amount of actual damages or loss under this subparagraph                                 
31            [PARAGRAPH], the court shall value property as the market value of the                                       
01            property at the time and place of the crime or, if the market value cannot                                   
02            reasonably be ascertained, the cost of the replacement of the property within a                              
03            reasonable time after the crime;                                                                             
04                      (C) [(3)]  to provide for the support of any persons for whose                                 
05            support the defendant is legally responsible;                                                                
06                      (D) [(4)]  to perform community work in accordance with                                        
07            AS 12.55.055;                                                                                                
08                      (E) [(5)]  to participate in or comply with the treatment plan of                              
09            an inpatient or outpatient rehabilitation program specified by either the court or                           
10            the defendant's probation officer that is related to the defendant's offense or to                           
11            the defendant's rehabilitation;                                                                              
12                      (F) [(6)]  to satisfy the screening, evaluation, referral, and                                 
13            program requirements of an agency authorized by the court to make referrals                                  
14            for rehabilitative treatment or to provide rehabilitative treatment;                                         
15                      (G)  [AND (7)] to comply with a program established under                                      
16            AS 47.38.020; and                                                                                        
17                      (H)  to comply with the sanctions imposed by the                                               
18            defendant's probation officer under AS 33.05.020(g).                                                     
19    * Sec. 76. AS 12.55.100(c) is amended to read:                                                                     
20            (c)  A program of inpatient treatment may be required by the authorized                                      
21       agency under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and                       
22       may not exceed the maximum term of inpatient treatment specified in the judgment. A                               
23       person who has been referred for inpatient treatment may make a written request to the                            
24       sentencing court asking the court to review the referral. The request for review shall be                         
25       made within seven days after [OF] the agency's referral, and shall specifically set out                       
26       the grounds on [UPON] which the request for review is based. The court may order a                            
27       hearing on the request for review.                                                                                
28    * Sec. 77. AS 12.55.110 is amended by adding new subsections to read:                                              
29            (c)  If a defendant is serving a period of probation for an offense, the court may                           
30       find that the defendant has committed a technical violation of probation. If the court                            
31       finds that a defendant has committed a technical violation of probation that does not                             
01       include absconding, the court may reinstate the term of probation with appropriate                                
02       conditions or impose a sentence of imprisonment of not more than                                                  
03                 (1)  three days for the first probation revocation;                                                     
04                 (2)  five days for the second probation revocation;                                                     
05                 (3)  10 days for the third probation revocation; or                                                     
06                 (4)  the remainder of the suspended portion of the sentence for a fourth                                
07       or subsequent probation revocation.                                                                               
08            (d)  If the court revokes a person's probation for absconding, the court may                                 
09       impose a period of imprisonment not to exceed 30 days.                                                            
10            (e)  The limits set out in this section on the length of imprisonment for a                                  
11       revocation do not apply if a probationer is enrolled in a program established under                               
12       AS 33.05.020(f).                                                                                                  
13            (f)  If the defendant is ordered to complete treatment under                                                 
14       AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order                             
15       the defendant to show cause why the defendant should not be sentenced to                                          
16       imprisonment for noncompletion of treatment and may revoke the suspended sentence                                 
17       subject to the limits established in this section. In a contempt or probation revocation                          
18       proceeding brought as a result of failure to complete treatment, it is an affirmative                             
19       defense that the defendant was unable to afford the cost of treatment or secure a place                           
20       in a free treatment program, despite having made continuing good faith efforts. If the                            
21       court finds that the defendant was unable to complete treatment despite having made                               
22       continuing good faith efforts, the defendant may not be imprisoned solely because of                              
23       an inability to pay. If the court does not find that the noncompletion of treatment was                           
24       attributable to the defendant's inability to pay, the court may order the defendant                               
25       imprisoned subject to the limits established in this section.                                                     
26            (g)  Notwithstanding (c) of this section, a court may not find a technical                                   
27       violation under this section if a person convicted of a sex offense, as described in                              
28       AS 12.63.100, violates a condition of probation provided in AS 12.55.100(e).                                      
29            (h)  In this section,                                                                                        
30                 (1)  "absconding" means failing to report within five working days after                                
31       release from custody under AS 33.20.030 or failing to report for a scheduled meeting                              
01       with a probation officer, as ordered by the court or as directed by the probation officer,                        
02       and failing to make contact with the probation officer within 30 days following the                               
03       missed meeting;                                                                                                   
04                 (2)  "technical violation" means a violation of the conditions of                                       
05       probation that does not constitute                                                                                
06                      (A)  a new criminal offense;                                                                       
07                      (B)  failing to complete sex offender treatment; or                                                
08                      (C)  failing to complete an intervention program for batterers.                                    
09    * Sec. 78. AS 12.55.115 is amended to read:                                                                        
10            Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole                            
11       at sentencing. The court may, as part of a sentence of imprisonment, further restrict                           
12       the eligibility of a prisoner for discretionary or administrative parole for a term                           
13       greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and                                  
14       33.16.100.                                                                                                        
15    * Sec. 79. AS 12.55.125(a) is amended to read:                                                                     
16            (a)  A defendant convicted of murder in the first degree or murder of an unborn                              
17       child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment                              
18       of at least 30 [20] years but not more than 99 years. A defendant convicted of murder                         
19       in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years                            
20       when                                                                                                              
21                 (1)  the defendant is convicted of the murder of a uniformed or                                         
22       otherwise clearly identified peace officer, firefighter, or correctional employee who                             
23       was engaged in the performance of official duties at the time of the murder;                                      
24                 (2)  the defendant has been previously convicted of                                                     
25                      (A)  murder in the first degree under AS 11.41.100 or former                                       
26            AS 11.15.010 or 11.15.020;                                                                                   
27                      (B)  murder in the second degree under AS 11.41.110 or former                                      
28            AS 11.15.030; or                                                                                             
29                      (C)  homicide under the laws of another jurisdiction when the                                      
30            offense of which the defendant was convicted contains elements similar to first                              
31            degree murder under AS 11.41.100 or second degree murder under                                               
01            AS 11.41.110;                                                                                                
02                 (3)  the defendant subjected the murder victim to substantial physical                                  
03       torture;                                                                                                          
04                 (4)  the defendant is convicted of the murder of and personally caused                                  
05       the death of a person, other than a participant, during a robbery; or                                             
06                 (5)  the defendant is a peace officer who used the officer's authority as a                             
07       peace officer to facilitate the murder.                                                                           
08    * Sec. 80. AS 12.55.125(b) is amended to read:                                                                     
09            (b)  A defendant convicted of attempted murder in the first degree, solicitation                             
10       to commit murder in the first degree, conspiracy to commit murder in the first degree,                            
11       kidnapping, or misconduct involving a controlled substance in the first degree shall be                           
12       sentenced to a definite term of imprisonment of at least five years but not more than                             
13       99 years. A defendant convicted of murder in the second degree or murder of an                                    
14       unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of                              
15       imprisonment of at least 15 [10] years but not more than 99 years. A defendant                                
16       convicted of murder in the second degree shall be sentenced to a definite term of                                 
17       imprisonment of at least 20 years but not more than 99 years when the defendant is                                
18       convicted of the murder of a child under 16 years of age and the court finds by clear                             
19       and convincing evidence that the defendant (1) was a natural parent, a stepparent, an                             
20       adoptive parent, a legal guardian, or a person occupying a position of authority in                               
21       relation to the child; or (2) caused the death of the child by committing a crime against                         
22       a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and                                 
23       "position of authority" have the meanings given in AS 11.41.470.                                                  
24    * Sec. 81. AS 12.55.125(c) is amended to read:                                                                     
25            (c)  Except as provided in (i) of this section, a defendant convicted of a class A                           
26       felony may be sentenced to a definite term of imprisonment of not more than 20 years,                             
27       and shall be sentenced to a definite term within the following presumptive ranges,                                
28       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
29                 (1)  if the offense is a first felony conviction and does not involve                                   
30       circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years;                     
31                 (2)  if the offense is a first felony conviction                                                        
01                      (A)  and the defendant possessed a firearm, used a dangerous                                       
02            instrument, or caused serious physical injury or death during the commission                                 
03            of the offense, or knowingly directed the conduct constituting the offense at a                              
04            uniformed or otherwise clearly identified peace officer, firefighter, correctional                           
05            employee, emergency medical technician, paramedic, ambulance attendant, or                                   
06            other emergency responder who was engaged in the performance of official                                     
07            duties at the time of the offense, five [SEVEN] to nine [11] years;                                  
08                      (B)  and the conviction is for manufacturing related to                                            
09            methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years, if                                    
10                           (i)  the manufacturing occurred in a building with                                            
11                 reckless disregard that the building was used as a permanent or                                         
12                 temporary home or place of lodging for one or more children under 18                                    
13                 years of age or the building was a place frequented by children; or                                     
14                           (ii)  in the course of manufacturing or in preparation for                                    
15                 manufacturing, the defendant obtained the assistance of one or more                                     
16                 children under 18 years of age or one or more children were present;                                    
17                 (3)  if the offense is a second felony conviction, eight [10] to 12 [14]                        
18       years;                                                                                                            
19                 (4)  if the offense is a third felony conviction and the defendant is not                               
20       subject to sentencing under (l) of this section, 13 [15] to 20 years.                                         
21    * Sec. 82. AS 12.55.125(d) is amended to read:                                                                     
22            (d)  Except as provided in (i) of this section, a defendant convicted of a class B                           
23       felony may be sentenced to a definite term of imprisonment of not more than 10 years,                             
24       and shall be sentenced to a definite term within the following presumptive ranges,                                
25       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
26                 (1)  if the offense is a first felony conviction and does not involve                                   
27       circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years;                       
28       a defendant sentenced under this paragraph may, if the court finds it appropriate, be                             
29       granted a suspended imposition of sentence under AS 12.55.085 [IF, AS A                                           
30       CONDITION OF PROBATION UNDER AS 12.55.086, THE DEFENDANT IS                                                       
31       REQUIRED TO SERVE AN ACTIVE TERM OF IMPRISONMENT WITHIN THE                                                       
01       RANGE SPECIFIED IN THIS PARAGRAPH, UNLESS THE COURT FINDS                                                         
02       THAT A MITIGATION FACTOR UNDER AS 12.55.155 APPLIES];                                                             
03                 (2)  if the offense is a first felony conviction,                                                       
04                      (A)  the defendant violated AS 11.41.130, and the victim was                                       
05                           (i)  a child under 16 years of age, two to four years; or                             
06                           (ii)  was 16 years of age or older, one to three years;                                   
07                      (B)  two to four years if the conviction is for an attempt,                                        
08            solicitation, or conspiracy to manufacture related to methamphetamine under                                  
09            AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and                                                               
10                           (i)  the attempted manufacturing occurred, or the                                             
11                 solicited or conspired offense was to have occurred, in a building with                                 
12                 reckless disregard that the building was used as a permanent or                                         
13                 temporary home or place of lodging for one or more children under 18                                    
14                 years of age or the building was a place frequented by children; or                                     
15                           (ii)  in the course of an attempt to manufacture, the                                         
16                 defendant obtained the assistance of one or more children under 18                                      
17                 years of age or one or more children were present;                                                      
18                 (3)  if the offense is a second felony conviction, two [FOUR] to five                           
19       [SEVEN] years;                                                                                                    
20                 (4)  if the offense is a third felony conviction, four [SIX] to 10 years.                           
21    * Sec. 83. AS 12.55.125(e) is amended to read:                                                                     
22            (e)  Except as provided in (i) of this section, a defendant convicted of a class C                           
23       felony may be sentenced to a definite term of imprisonment of not more than five                                  
24       years, and shall be sentenced to a definite term within the following presumptive                                 
25       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
26                 (1)  if the offense is a first felony conviction and does not involve                                   
27       circumstances described in (4) of this subsection, probation, with a suspended term                           
28       of imprisonment of zero to 18 months [TWO YEARS]; a defendant sentenced under                             
29       this paragraph may, if the court finds it appropriate, be granted a suspended imposition                          
30       of sentence under AS 12.55.085 [, AND THE COURT MAY, AS A CONDITION OF                                            
31       PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE                                                      
01       AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN                                                      
02       THIS PARAGRAPH];                                                                                                  
03                 (2)  if the offense is a second felony conviction, one to three [TWO                                
04       TO FOUR] years;                                                                                                   
05                 (3)  if the offense is a third felony conviction, two [THREE] to five                               
06       years;                                                                                                            
07                 (4)  if the offense is a first felony conviction, and the defendant violated                            
08                      (A)  AS 08.54.720(a)(15), one to two years;                                                
09                      (B)  AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to                                  
10            239 days;                                                                                                
11                      (C)  AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to                                  
12            359 days;                                                                                                
13                      (D)  AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to                                  
14            two years.                                                                                               
15    * Sec. 84. AS 12.55.135(a) is amended to read:                                                                     
16            (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                    
17       definite term of imprisonment of not more than                                                                    
18                 (1)  one year, if the                                                                           
19                      (A)  conviction is for a crime with a mandatory minimum                                        
20            term of 30 days or more of active imprisonment;                                                          
21                      (B)  trier of fact finds the aggravating factor that the                                       
22            conduct constituting the offense was among the most serious conduct                                      
23            included in the definition of the offense;                                                               
24                      (C)  defendant has past criminal convictions for conduct                                       
25            violative of criminal laws, punishable as felonies or misdemeanors, similar                              
26            in nature to the offense for which the defendant is being sentenced;                                     
27                      (D)  conviction is for an assault in the fourth degree; or                                     
28                      (E)  conviction is for a violation of                                                          
29                           (i)  AS 11.41.427;                                                                        
30                           (ii)  AS 11.41.440;                                                                       
31                           (iii)  AS 11.41.460, if the indecent exposure is before                                   
01                 a person under 16 years of age; or                                                                  
02                           (iv)  AS 11.61.118(a)(2);                                                                 
03                 (2)  30 days.                                                                                       
04    * Sec. 85. 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                                                                    
07                 (1)  10 [90] days unless otherwise specified in the provision of law                                
08       defining the offense or in this section;                                                                      
09                 (2)  90 days if the conviction is for a violation of                                                
10                      (A)  AS 11.61.116(c)(1) and the person is 21 years of age or                                   
11            older; or                                                                                                
12                      (B)  AS 11.61.120(a)(6) and the person is 21 years of age or                                   
13            older.                                                                                                   
14    * Sec. 86. AS 12.55.135 is amended by adding new subsections to read:                                              
15            (l)  A court sentencing a person convicted of theft in the fourth degree under                               
16       AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of                                     
17       identification marks under AS 11.46.260(b)(3), unlawful possession under                                          
18       AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal                                     
19       simulation under AS 11.46.530(b)(3) may not impose                                                                
20                 (1)  a sentence of more than five days of suspended imprisonment and a                                  
21       term of probation of more than six months if the person has previously been convicted                             
22       two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 -                                       
23       11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction                          
24       with substantially similar elements; or                                                                           
25                 (2)  a sentence of active or suspended imprisonment if the person has                                   
26       not been previously convicted, or has previously been convicted once, of an offense                               
27       under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a                               
28       law or ordinance of this or another jurisdiction with substantially similar elements.                             
29            (m)  A court may not impose a sentence of imprisonment for a definite term of                                
30       more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110.                               
31            (n)  A court sentencing a person convicted of misconduct involving a                                         
01       controlled substance in the fourth degree under AS 11.71.050(a)(4) or misconduct                                  
02       involving a controlled substance in the fifth degree under AS 11.71.060(a)(2) may not                             
03       impose                                                                                                            
04                 (1)  a sentence of active imprisonment, unless the person has previously                                
05       been convicted more than once of an offense under AS 11.71 or a law of this or                                    
06       another jurisdiction with elements substantially similar to an offense under AS 11.71;                            
07       or                                                                                                                
08                 (2)  a sentence of suspended imprisonment greater than                                                  
09                      (A)  30 days, if the defendant has not been previously convicted                                   
10            of an offense under AS 11.71 or a law of this or another jurisdiction with                                   
11            elements substantially similar to an offense under AS 11.71; or                                              
12                      (B)  180 days, if the person has been previously convicted of an                                   
13            offense under AS 11.71 or a law of this or another jurisdiction with elements                                
14            substantially similar to an offense under AS 11.71.                                                          
15            (o)  If an aggravating factor is a necessary element of the present offense, that                            
16       factor may not be used to impose a sentence above the high end of the range.                                      
17            (p)  If the state seeks to establish an aggravating factor at sentencing                                     
18                 (1)  under (a)(1)(C) of this section, written notice must be served on the                              
19       opposing party and filed with the court not later than 10 days before the date set for                            
20       imposition of sentence; the aggravating factor in (a)(1)(C) of this section must be                               
21       established by clear and convincing evidence before the court sitting without a jury; all                         
22       findings must be set out with specificity;                                                                        
23                 (2)  an aggravating factor under (a)(1)(B) of this section shall be                                     
24       presented to a trial jury under procedures set by the court, unless the defendant waives                          
25       trial by jury, stipulates to the existence of the factor, or consents to have the factor                          
26       proven under procedures set out in (1) of this subsection; an aggravating factor                                  
27       presented to a jury is established if proved beyond a reasonable doubt; written notice                            
28       of the intent to establish an aggravating factor must be served on the defendant and                              
29       filed with the court                                                                                              
30                      (A)  not later than 10 days before trial or at a time specified by                                 
31            the court;                                                                                                   
01                      (B)  not later than 48 hours, or at a time specified by the court,                                 
02            if the court instructs the jury about the option to return a verdict for a lesser                            
03            included offense; or                                                                                         
04                      (C)  not later than five days before entering a plea that results in                               
05            a finding of guilt or at a time specified by the court unless the defendant                                  
06            waives the notice requirement.                                                                               
07    * Sec. 87. AS 12.61.015(a) is amended to read:                                                                     
08            (a)  If a victim of a felony or a crime involving domestic violence requests, the                            
09       prosecuting attorney shall make a reasonable effort to                                                            
10                 (1)  confer with the person against whom the offense has been                                           
11       perpetrated about that person's testimony before the defendant's trial;                                           
12                 (2)  in a manner reasonably calculated to give prompt actual notice,                                    
13       notify the victim                                                                                                 
14                      (A)  of the defendant's conviction and the crimes of which the                                     
15            defendant was convicted;                                                                                     
16                      (B)  of the victim's right in a case that is a felony to make a                                    
17            written or oral statement for use in preparation of the defendant's presentence                              
18            report, and of the victim's right to appear personally at the defendant's                                    
19            sentencing hearing to present a written statement and to give sworn testimony                                
20            or an unsworn oral presentation;                                                                             
21                      (C)  of the address and telephone number of the office that will                                   
22            prepare the presentence report; and                                                                          
23                      (D)  of the time and place of the sentencing proceeding;                                           
24                 (3)  notify the victim in writing of the final disposition of the case                                  
25       within 30 days after final disposition of the case;                                                               
26                 (4)  confer with the victim [OF A CRIME INVOLVING DOMESTIC                                              
27       VIOLENCE] concerning a proposed plea agreement before entering into an                                            
28       agreement;                                                                                                        
29                 (5)  inform the victim of a pending motion that may substantially delay                                 
30       the prosecution and inform the court of the victim's position on the motion; in this                              
31       paragraph, a "substantial delay" is                                                                               
01                      (A)  for a misdemeanor, a delay of one month or longer;                                            
02                      (B)  for a felony, a delay of two months or longer; and                                            
03                      (C)  for an appeal, a delay of six months or longer.                                               
04    * Sec. 88. AS 12.70.130 is amended to read:                                                                        
05            Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be                                 
06       lawfully made by a peace officer or a private person without a warrant upon                                       
07       reasonable information that the accused stands charged in the courts of another state                             
08       with a crime punishable by death or imprisonment for a term exceeding one year, but                               
09       when arrested the accused must be taken before a judge or magistrate without                                      
10       unnecessary delay and, in any event, within 24 [48] hours after arrest, absent                            
11       compelling circumstances, including Sundays and holidays, and complaint shall be                              
12       made against the accused under oath setting out the ground for the arrest as in                                   
13       AS 12.70.120. The hearing before the judge or magistrate may not take place                                   
14       more than 48 hours after arrest. Thereafter the answer of the accused shall be heard                          
15       as if the accused had been arrested on a warrant.                                                                 
16    * Sec. 89. AS 22.35.030, added by sec. 2, ch. 1, SLA 2016, is amended to read:                                     
17            Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or                                
18       dismissal. The Alaska Court System may not publish a court record of a criminal case                            
19       on a publicly available website if 60 days have elapsed from the date of acquittal or                             
20       dismissal and                                                                                                     
21                 (1)  the defendant was acquitted of all charges filed in the case;                                      
22                 (2)  all criminal charges against the defendant in the case have been                                   
23       dismissed and were not dismissed as part of a plea agreement in another criminal case                             
24       under Rule 11, Alaska Rules of Criminal Procedure; [OR]                                                           
25                 (3)  the defendant was acquitted of some of the criminal charges in the                                 
26       case and the remaining charges were dismissed; or                                                             
27                 (4)  all criminal charges against the defendant in the case have been                               
28       dismissed after a suspended entry of judgment under AS 12.55.078.                                             
29    * Sec. 90. AS 28.15.165 is amended by adding a new subsection to read:                                             
30            (e)  A person whose driver's license, privilege to drive, or privilege to obtain a                           
31       license has been revoked under this section as a result of a refusal to submit to a                               
01       chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal                                      
02       ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar                               
03       municipal ordinance in which the test produced a result described in                                              
04       AS 28.35.030(a)(2) may request that the department rescind the revocation. The                                    
05       department shall rescind a revocation under this subsection if the department finds that                          
06       the person has supplied proof in a form satisfactory to the department that                                       
07                 (1)  the person has been acquitted of driving while under the influence                                 
08       under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a                                 
09       similar municipal ordinance for the incident on which the revocation was based; or                                
10                 (2)  all criminal charges against the person for driving while under the                                
11       influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit                              
12       to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to                             
13       the incident on which the revocation is based have been dismissed without prejudice.                              
14    * Sec. 91. AS 28.15.201 is amended by adding new subsections to read:                                              
15            (g)  Notwithstanding (d) of this section, a court revoking a driver's license,                               
16       privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the                                
17       department when revoking a driver's license, privilege to drive, or privilege to obtain a                         
18       license under AS 28.15.165(c), may grant limited license privileges if                                            
19                 (1)  the revocation was for a felony conviction under AS 28.35.030;                                     
20                 (2)  the person is participating in and has successfully participated for                               
21       at least six months in, or has successfully completed, a court-ordered treatment                                  
22       program under AS 28.35.028, and submits verification acceptable to the department;                                
23                 (3)  the person provides proof of insurance as required by AS 28.20.230                                 
24       and 28.20.240;                                                                                                    
25                 (4)  the person is required to use an ignition interlock device during the                              
26       period of the limited license whenever the person operates a motor vehicle in a                                   
27       community not included in the list published by the department under                                              
28       AS 28.22.011(b) and, when applicable,                                                                             
29                      (A)  the person provides proof of installation of the ignition                                     
30            interlock device on every vehicle the person operates;                                                       
31                      (B)  the person signs an affidavit acknowledging that                                              
01                           (i)  operation by the person of a vehicle that is not                                         
02                 equipped with an ignition interlock device is subject to penalties for                                  
03                 driving with a revoked license;                                                                         
04                           (ii)  circumventing or tampering with the ignition                                            
05                 interlock device is a class A misdemeanor; and                                                          
06                           (iii)  the person is required to maintain the ignition                                        
07                 interlock device throughout the period of the limited license, to keep                                  
08                 up-to-date records in each vehicle showing that any required service                                    
09                 and calibration is current, and to produce those records immediately on                                 
10                 request;                                                                                                
11                 (5)  the person has not previously been granted a limited license under                                 
12       this section and had the license revoked under (j) of this section.                                               
13            (h)  Notwithstanding (g)(2) of this section, if a person resides in a community                              
14       where a court-ordered treatment program under AS 28.35.028 is not available, the                                  
15       person shall                                                                                                      
16                 (1)  provide proof to the court that the person has successfully                                        
17       completed a rehabilitative treatment program appropriate for the person's alcohol or                              
18       substance abuse condition; the program must                                                                       
19                      (A)  include planning and treatment for alcohol or drug                                            
20            addiction;                                                                                                   
21                      (B)  include emphasis on personal responsibility;                                                  
22                      (C)  require payment of restitution to victims and completion of                                   
23            community work service;                                                                                      
24                      (D)  include physician-approved treatment of physical addiction                                    
25            and treatment of the psychological causes of addiction; and                                                  
26                      (E)  include a monitoring program and physical placement or                                        
27            housing in communities where the court finds that a monitoring program and                                   
28            placement or housing is available;                                                                           
29                 (2)  provide proof by clear and convincing evidence to the court that the                               
30       person is currently sober and has maintained sobriety for a period of at least 18                                 
31       months; and                                                                                                       
01                 (3)  provide written notice to the district attorney's office of the person's                           
02       request for a limited license under this section.                                                                 
03            (i)  A person is not entitled to court-appointed counsel under (h) of this section.                          
04            (j)  The court or the department may immediately revoke a limited license                                    
05       granted under (g) of this section if the person is convicted of a violation of                                    
06       AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction                           
07       or if the person is not in compliance with a court-ordered treatment program under                                
08       AS 28.35.028 or a rehabilitative treatment program under (h) of this section.                                     
09    * Sec. 92. AS 28.15.291(a) is repealed and reenacted to read:                                                      
10            (a)  A person commits the crime of driving while license canceled, suspended,                                
11       revoked, or in violation of a limitation if the person drives                                                     
12                 (1)  a motor vehicle on a highway or vehicular way or area at a time                                    
13       when that person's driver's license, privilege to drive, or privilege to obtain a license                         
14       has been canceled, suspended, or revoked under circumstances described in                                         
15       AS 28.15.181(c) or a similar law in another jurisdiction;                                                         
16                 (2)  a motor vehicle on a highway or vehicular way or area at a time                                    
17       when that person's driver's license, privilege to drive, or privilege to obtain a license                         
18       has been canceled, suspended, or revoked under circumstances other than those                                     
19       described in (1) of this subsection; or                                                                           
20                 (3)  in violation of a limitation placed on that person's license or                                    
21       privilege to drive in this or another jurisdiction.                                                               
22    * Sec. 93. AS 28.15.291(b) is repealed and reenacted to read:                                                      
23            (b)  Driving while license canceled, suspended, revoked, or in violation of a                                
24       limitation is                                                                                                     
25                 (1)  a class A misdemeanor if the person violates (a)(1) of this section;                               
26       upon conviction the court shall impose a minimum sentence of imprisonment of not                                  
27       less than 10 days                                                                                                 
28                      (A)  with 10 days suspended if the person has not been                                             
29            previously convicted under (a)(1) of this section or a similar law of another                                
30            jurisdiction; or                                                                                             
31                      (B)  if the person has been previously convicted under (a)(1) of                                   
01            this section or a similar law in another jurisdiction;                                                       
02                 (2)  an infraction if the person violates (a)(2) or (3) of this section.                                
03    * Sec. 94. AS 28.35.028(b) is amended to read:                                                                     
04            (b)  Once the court elects to proceed under this section, the defendant shall                                
05       enter a no contest or guilty plea to the offense or shall admit to a probation violation,                         
06       as appropriate. The state and the defendant may enter into a plea agreement to                                    
07       determine the offense or offenses to which the defendant is required to plead. If the                             
08       court accepts the agreement, the court shall enforce the terms of the agreement. The                              
09       court shall enter a judgment of conviction for the offense or offenses for which the                              
10       defendant has pleaded or an order finding that the defendant has violated probation, as                           
11       appropriate. A judgment of conviction or an order finding a probation violation must                              
12       set a schedule for payment of restitution owed by the defendant. In a judgment of                                 
13       conviction and on probation conditions that the court considers appropriate, the court                            
14       may withhold pronouncement of a period of imprisonment or a fine to provide an                                    
15       incentive for the defendant to complete recommended treatment successfully.                                       
16       Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any                                       
17       mandatory minimum or other sentencing provision applicable to the offense.                                        
18       However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any                                     
19       other provision of law, the court, at any time after the period when a reduction of                               
20       sentence is normally available, may consider and reduce the defendant's sentence,                             
21       including imprisonment, fine, or license revocation, based on the defendant's                                 
22       compliance with the treatment plan; when reducing a sentence, the court (1) may not                               
23       reduce the sentence below the mandatory minimum sentence for the offense unless the                               
24       court finds that the defendant has successfully complied with and completed the                                   
25       treatment plan and that the treatment plan approximated the severity of the minimum                               
26       period of imprisonment, and (2) may consider the defendant's compliance with the                                  
27       treatment plan as a mitigating factor allowing a reduction of a sentence under                                    
28       AS 12.55.155(a). A court entering an order finding the defendant has violated                                     
29       probation may withhold pronouncement of disposition to provide an incentive for the                               
30       defendant to complete the recommended treatment successfully.                                                     
31    * Sec. 95. AS 28.35.030(k) is amended to read:                                                                     
01            (k)  Imprisonment required under (b)(1)(A) of this section shall be served [AT                               
02       A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a                                                  
03       private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL                                             
04       CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available,                                       
05       imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a                          
06       private residence by other means determined by the commissioner of corrections                                
07       [ANOTHER APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER                                                         
08       OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - (F) of this section                                      
09       may be served at a community residential center or at a private residence if approved                             
10       by the commissioner of corrections. Imprisonment served at a private residence must                               
11       include electronic monitoring under AS 33.30.065 or, if electronic monitoring is not                          
12       available, by other means as determined by the commissioner of corrections. The                               
13       cost of imprisonment resulting from the sentence imposed under (b)(1) of this section                             
14       shall be paid to the state by the person being sentenced. The [PROVIDED,                                      
15       HOWEVER, THAT THE] cost of imprisonment required to be paid under this                                            
16       subsection may not exceed $2,000. Upon the person's conviction, the court shall                                   
17       include the costs of imprisonment as a part of the judgment of conviction. Except for                             
18       reimbursement from a permanent fund dividend as provided in this subsection,                                      
19       payment of the cost of imprisonment is not required if the court determines the person                            
20       is indigent. For costs of imprisonment that are not paid by the person as required by                             
21       this subsection, the state shall seek reimbursement from the person's permanent fund                              
22       dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY                                                  
23       RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON                                                           
24       SENTENCED UNDER (b)(1)(A) OF THIS SECTION SHALL PERFORM AT                                                        
25       LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced                                                     
26       under (b)(1)(B) of this section shall perform at least 160 hours of community service                             
27       work, as required by the director of the community residential center or other                                    
28       appropriate place, or as required by the commissioner of corrections if the sentence is                           
29       being served at a private residence. In this subsection, "appropriate place" means a                              
30       facility with 24-hour on-site staff supervision that is specifically adapted to provide a                         
31       residence, and includes a correctional center, residential treatment facility, hospital,                          
01       halfway house, group home, work farm, work camp, or other place that provides                                     
02       varying levels of restriction.                                                                                    
03    * Sec. 96. AS 28.35.030(l) is amended to read:                                                                     
04            (l)  The commissioner of corrections shall determine and prescribe by                                        
05       regulation a uniform average cost of imprisonment for the purpose of determining the                              
06       cost of imprisonment required to be paid under (k) of this section by a convicted                                 
07       person. The regulations must include the costs associated with electronic                                     
08       monitoring under AS 33.30.065.                                                                                
09    * Sec. 97. AS 28.35.030(o) is amended to read:                                                                     
10            (o)  Upon request, the department shall review a driver's license revocation                                 
11       imposed under (n)(3) of this section and                                                                          
12                 (1)  may restore the driver's license if                                                            
13                      (A) [(1)]  the license has been revoked for a period of at least 10                            
14            years;                                                                                                       
15                      (B) [(2)]  the person has not been convicted of a driving-                                 
16            related criminal offense since the license was revoked; and                                              
17                      (C) [(3)]  the person provides proof of financial responsibility;                          
18                 (2)  shall restore the driver's license if                                                          
19                      (A)  the person has been granted limited license privileges                                    
20            under AS 28.15.201(g) and has successfully driven under that limited                                     
21            license for three years without having the limited license privileges                                    
22            revoked;                                                                                                 
23                      (B)  the person has successfully completed a court-ordered                                     
24            treatment program under AS 28.35.028 or a rehabilitative treatment                                       
25            program under AS 28.15.201(h);                                                                           
26                      (C)  the person has not been convicted of a violation of                                       
27            AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                               
28            jurisdiction since the license was revoked;                                                              
29                      (D)  the person is otherwise eligible to have the person's                                     
30            driving privileges restored as provided in AS 28.15.211; in an application                               
31            under this subsection, a person whose license was revoked for a violation                                
01            of AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as                               
02            required under AS 28.35.030(h) or 28.35.032(l); and                                                      
03                      (E)  the person provides proof of financial responsibility.                                    
04    * Sec. 98. AS 28.35.032(o) is amended to read:                                                                     
05            (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                          
06       private residence by electronic monitoring under AS 33.30.065. If electronic                                  
07       monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A                                                        
08       COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under                                            
09       (g)(1)(A) of this section shall be served at a private residence by other means as                            
10       determined by the commissioner of corrections [AT ANOTHER APPROPRIATE                                         
11       PLACE DETERMINED BY THE COMMISSIONER OF CORRECTIONS].                                                             
12       Imprisonment required under (g)(1)(B) - (F) of this section may be served at a                                    
13       community residential center or at a private residence if approved by the                                         
14       commissioner of corrections. Imprisonment served at a private residence must include                              
15       electronic monitoring under AS 33.30.065 or, if electronic monitoring is not                                  
16       available, shall be served by other means as determined by the commissioner of                                
17       corrections. The cost of imprisonment resulting from the sentence imposed under                               
18       (g)(1) of this section shall be paid to the state by the person being sentenced. The                          
19       [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid                                            
20       under this subsection may not exceed $2,000. Upon the person's conviction, the court                              
21       shall include the costs of imprisonment as a part of the judgment of conviction. Except                           
22       for reimbursement from a permanent fund dividend as provided in this subsection,                                  
23       payment of the cost of imprisonment is not required if the court determines the person                            
24       is indigent. For costs of imprisonment that are not paid by the person as required by                             
25       this subsection, the state shall seek reimbursement from the person's permanent fund                              
26       dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY                                                  
27       RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON                                                           
28       SENTENCED UNDER (g)(1)(A) OF THIS SECTION SHALL PERFORM AT                                                        
29       LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced                                                     
30       under (g)(1)(B) of this section shall perform at least 160 hours of community service                             
31       work, as required by the director of the community residential center or other                                    
01       appropriate place, or as required by the commissioner of corrections if the sentence is                           
02       being served at a private residence. In this subsection, "appropriate place" means a                              
03       facility with 24-hour on-site staff supervision that is specifically adapted to provide a                         
04       residence, and includes a correctional center, residential treatment facility, hospital,                          
05       halfway house, group home, work farm, work camp, or other place that provides                                     
06       varying levels of restriction.                                                                                    
07    * Sec. 99. AS 29.10.200(21) is amended to read:                                                                    
08                 (21)  AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN                                      
09       CIVIL ACTIONS)];                                                                                                  
10    * Sec. 100. AS 29.25.070(a) is amended to read:                                                                    
11            (a)  For the violation of an ordinance, a municipality may by ordinance                                      
12       prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days,                              
13       except as limited by (g) of this section. For a violation that cannot result in                               
14       incarceration or the loss of a valuable license, a municipality may allow disposition of                          
15       the violation without court appearance and establish a schedule of fine amounts for                               
16       each offense.                                                                                                     
17    * Sec. 101. AS 29.25.070 is amended by adding a new subsection to read:                                            
18            (g)  If a municipality prescribes a penalty for a violation of a municipal                                   
19       ordinance, including a violation under (a) of this section, and there is a comparable                             
20       state offense under AS 11 or AS 28 with elements that are similar to the municipal                                
21       ordinance, the municipality may not impose a greater punishment than that imposed                                 
22       for a violation of the state law. This subsection applies to home rule and general law                            
23       municipalities.                                                                                                   
24    * Sec. 102. AS 33.05.020 is amended by adding new subsections to read:                                             
25            (g)  The commissioner shall establish an administrative sanction and incentive                               
26       program to facilitate a swift and effective response to a probationer's compliance with                           
27       or violation of the conditions of probation. The commissioner shall adopt regulations                             
28       to implement the program. At a minimum, the regulations must include                                              
29                 (1)  a decision-making process to guide probation officers in                                           
30       determining the suitable response to positive and negative offender behavior that                                 
31       includes a list of sanctions for the most common types of negative behavior, including                            
01       technical violations of conditions of probation, and a list of incentives for compliance                          
02       with conditions and positive behavior that exceeds those conditions;                                              
03                 (2)  policies and procedures that ensure                                                                
04                      (A)  a process for responding to negative behavior that includes                                   
05            a review of previous violations and sanctions;                                                               
06                      (B)  that enhanced sanctions for certain negative conduct are                                      
07            approved by the commissioner or the commissioner's designee; and                                             
08                      (C)  that appropriate due process protections are included in the                                  
09            process, including notice of negative behavior, an opportunity to dispute the                                
10            accusation and the sanction, and an opportunity to request a review of the                                   
11            accusation and the sanction.                                                                                 
12            (h)  The commissioner shall establish by regulation a program allowing                                       
13       probationers to earn credits for complying with the conditions of probation. The                                  
14       credits earned reduce the period of probation. Nothing in this subsection prohibits the                           
15       department from recommending to the court the early discharge of the probationer as                               
16       provided in AS 33.30. At a minimum, the regulations must                                                          
17                 (1)  require that a probationer earn a credit of 30 days for each 30-day                                
18       period served in which the defendant complied with the conditions of probation;                                   
19                 (2)  include policies and procedures for                                                                
20                      (A)  calculating and tracking credits earned by probationers;                                      
21                      (B)  reducing the probationer's period of probation based on                                       
22            credits earned by the probationer; and                                                                       
23                      (C)  notifying a victim under AS 33.30.013.                                                      
24    * Sec. 103. AS 33.05.040 is amended to read:                                                                       
25            Sec. 33.05.040. Duties of probation officers. A probation officer shall                                    
26                 (1)  furnish to each probationer under the supervision of the officer a                                 
27       written statement of the conditions of probation and shall instruct the probationer                               
28       regarding the same;                                                                                               
29                 (2)  keep informed concerning the conduct and condition of each                                         
30       probationer under the supervision of the officer and shall report on the probationer to                           
31       the court placing the [SUCH] person on probation;                                                             
01                 (3)  use all suitable methods, not inconsistent with the conditions                                     
02       imposed by the court, to aid probationers and to bring about improvements in their                                
03       conduct and condition;                                                                                            
04                 (4)  keep records of the probation work, including administrative                                   
05       sanctions and incentives the probation officer imposes under AS 33.05.020(g),                                 
06       keep accurate and complete accounts of all money collected from persons under the                                 
07       supervision of the officer, give receipts for money collected and make at least monthly                           
08       returns of it, make the reports to the court and the commissioner required by them, and                           
09       perform other duties the court may direct;                                                                        
10                 (5)  perform the [SUCH] duties with respect to persons on parole as the                             
11       commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole                  
12       officer;                                                                                                      
13                 (6)  use administrative sanctions and incentives developed under                                    
14       AS 33.05.020(g) to respond to a probationer's negative and positive behavior,                                 
15       including responses to technical violations of conditions of probation, in a way                              
16       that is intended to interrupt negative behavior in a swift, certain, and                                      
17       proportional manner and support progress with a recognition of positive                                       
18       behavior;                                                                                                     
19                 (7)  upon determining that a probationer under the supervision of                                   
20       the officer meets the requirements of AS 12.55.090(g), recommend to the court as                              
21       soon as practicable that probation be terminated and the probationer be                                       
22       discharged from probation; and                                                                                
23                 (8)  for each probationer who owes restitution and who is under the                                 
24       supervision of the officer, create a restitution payment schedule based on the                                
25       probationer's income and ability to pay if the court has not already set a                                    
26       restitution payment schedule.                                                                                 
27    * Sec. 104. AS 33.05.080 is amended by adding a new paragraph to read:                                             
28                 (3)  "administrative sanctions and incentives" means responses by a                                     
29       probation officer to a probationer's compliance with or violation of the conditions of                            
30       probation under AS 33.05.020(g).                                                                                  
31    * Sec. 105. AS 33 is amended by adding a new chapter to read:                                                      
01                    Chapter 07. Pretrial Services Program.                                                             
02            Sec. 33.07.010. Pretrial services program; establishment. The commissioner                                 
03       shall establish and administer a pretrial services program that provides a pretrial risk                          
04       assessment for all defendants, recommendations to the court concerning pretrial                                   
05       release decisions, and supervision of defendants released while awaiting trial as                                 
06       ordered by the court.                                                                                             
07            Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner                                
08       shall                                                                                                             
09                 (1)  appoint and make available to the superior court and district court                                
10       qualified pretrial services officers;                                                                             
11                 (2)  fix pretrial services officers' salaries;                                                          
12                 (3)  assign pretrial services officers to each judicial district;                                       
13                 (4)  provide for the necessary supervision, training, expenses, including                               
14       clerical services, and travel of pretrial services officers;                                                      
15                 (5)  approve a risk assessment instrument that is objective,                                            
16       standardized, and developed based on analysis of empirical data and risk factors                                  
17       relevant to pretrial failure, that evaluates the likelihood of failure to appear in court                         
18       and the likelihood of rearrest during the pretrial period, and that is validated on the                           
19       state's pretrial population; and                                                                                  
20                 (6)  adopt regulations in consultation with the Department of Law, the                                  
21       public defender, the Department of Public Safety, the office of victims' rights, and the                          
22       Alaska Court System, consistent with this chapter and as necessary to implement the                               
23       program; the regulations must include a process for pretrial services officers to make a                          
24       recommendation to the court concerning a pretrial release decision and guidelines for                             
25       pretrial diversion recommendations.                                                                               
26            Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services                              
27       officers shall, in advance of a first appearance before a judicial officer under                                  
28       AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument                                 
29       approved by the commissioner for the purpose of making a recommendation to the                                    
30       court concerning an appropriate pretrial release decision and conditions of release. In                           
31       conducting a pretrial risk assessment and making a recommendation to the court, the                               
01       department shall follow the decision-making process established by regulation under                               
02       this chapter. The pretrial risk assessment shall be completed and presented to the court                          
03       in a pretrial release report that contains a risk assessment rating of low, moderate, or                          
04       high and a recommendation regarding release and release conditions, including a                                   
05       recommendation concerning a defendant's dependency on, abuse of, or addiction to                                  
06       alcohol or controlled substances, to the extent those factors are indicated by the                                
07       offense or criminal history, before the defendant's first appearance before a judicial                            
08       officer.                                                                                                          
09            (b)  A pretrial services officer shall make a recommendation under (a) of this                               
10       section for pretrial release to the court based on factors that include the results of a                          
11       pretrial risk assessment, the offense charged, and the least restrictive condition or                             
12       conditions that will reasonably ensure the appearance of the person in court and the                              
13       safety of the victim, other persons, and the community. If the offense or criminal                                
14       history of a defendant identifies that a dependency on, abuse of, or addiction to                                 
15       alcohol or controlled substances is a factor in the defendant's offense, the pretrial                             
16       services officer shall include that identified fact in the report to the court and to the                         
17       attorneys. The recommendation must take into account                                                              
18                 (1)  the defendant's risk rating;                                                                       
19                 (2)  the appropriateness for release on the defendant's own                                             
20       recognizance or upon the execution of an unsecured appearance bond, unsecured                                     
21       performance bond, or both; and                                                                                    
22                 (3)  the appropriateness of nonmonetary release conditions permitted                                    
23       under AS 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those                                  
24       conditions by a pretrial services officer for defendants who are recommended for                                  
25       release.                                                                                                          
26            (c)  A pretrial services officer shall recommend for release on personal                                     
27       recognizance, upon execution of an unsecured appearance bond, or upon execution of                                
28       an unsecured performance bond, with nonmonetary conditions as appropriate, if a                                   
29       defendant is charged with                                                                                         
30                 (1)  a misdemeanor, unless that misdemeanor is                                                          
31                      (A)  a crime involving domestic violence, as defined in                                            
01            AS 18.66.990;                                                                                                
02                      (B)  a crime against the person under AS 11.41;                                                    
03                      (C)  an offense under AS 11.56.730 or 11.56.757;                                                   
04                 (2)  a class C felony unless that felony is                                                             
05                      (A)  a crime involving domestic violence, as defined in                                            
06            AS 18.66.990;                                                                                                
07                      (B)  a crime against the person under AS 11.41;                                                    
08                      (C)  an offense under AS 11.56.730;                                                                
09                 (3)  an offense under AS 28.35.030 or 28.35.032, if the defendant has                                   
10       been assessed as being low or moderate risk on the pretrial risk assessment.                                      
11            (d)  A pretrial services officer shall recommend release on personal                                         
12       recognizance, upon execution of an unsecured appearance bond, or upon execution of                                
13       an unsecured performance bond, with nonmonetary conditions as appropriate, unless                                 
14       the pretrial services officer finds                                                                               
15                 (1)  by substantial evidence that no nonmonetary conditions of release                                  
16       in combination with release on personal recognizance or upon execution of unsecured                               
17       bond can reasonably ensure public safety and appearance in court; and                                             
18                 (2)  the defendant has been charged with                                                                
19                      (A)  an offense under AS 28.35.030 or 28.35.032, and the                                           
20            offender has been assessed as high risk under a pretrial risk assessment;                                    
21                      (B)  an offense under AS 11.56.730 or 11.56.757, and the                                           
22            offender has been assessed as low to moderate risk under a pretrial risk                                     
23            assessment; or                                                                                               
24                      (C)  any other offense, and the defendant has been assessed as                                     
25            being low risk under a pretrial risk assessment.                                                             
26            (e)  A pretrial services officer may recommend release on personal                                           
27       recognizance, upon execution of an unsecured appearance bond, or upon execution of                                
28       an unsecured performance bond, with nonmonetary conditions as appropriate, for a                                  
29       defendant not otherwise recommended for release under (c) or (d) of this section.                                 
30            (f)  A pretrial services officer may supervise a defendant released while                                    
31       awaiting trial, imposing the least restrictive level of supervision that will reasonably                          
01       ensure the appearance of the person in court and the safety of the victim, other                                  
02       persons, and the community, and prioritizing higher levels of supervision for a                                   
03       defendant accused of serious charges or assessed as moderate or high risk under a                                 
04       pretrial risk assessment. The commissioner may, in accordance with AS 36.30,                                      
05       procure and enter into agreements or contracts for the supervision of defendants on                               
06       electronic monitoring during the pretrial period.                                                                 
07            (g)  A pretrial services officer may                                                                         
08                 (1)  recommend pretrial diversion to the court and parties before                                       
09       adjudication in accordance with the guidelines established by the commissioner under                              
10       AS 33.07.020(6);                                                                                                  
11                 (2)  arrest, without a warrant, a defendant who has been released while                                 
12       awaiting trial if the officer has probable cause to believe the defendant has committed                           
13       an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's release                                
14       conditions;                                                                                                       
15                 (3)  refer interested defendants for substance abuse screening,                                         
16       assessment, and treatment on a voluntary basis and assist any defendant whose offense                             
17       or criminal history identified a dependency on, abuse of, or addiction to alcohol or                              
18       controlled substances with accessing and obtaining appropriate treatment in the                                   
19       community to address those needs;                                                                                 
20                 (4)  recommend that a defendant charged with an offense involving the                                   
21       use of alcohol or controlled substances comply with a program established under                                   
22       AS 47.38.020; and                                                                                                 
23                 (5)  coordinate with community-based organizations and tribal courts                                    
24       and councils to develop and expand pretrial diversion options.                                                    
25            Sec. 33.07.040. Pretrial services officers as officers of court. All pretrial                              
26       services officers shall be available to the superior and district courts and shall be                             
27       officers of the court.                                                                                            
28            Sec. 33.07.090. Definitions. In this chapter,                                                              
29                 (1)  "commissioner" means the commissioner of corrections;                                              
30                 (2)  "program" means the pretrial services program.                                                     
31    * Sec. 106. AS 33.16.010(c) is amended to read:                                                                    
01            (c)  A prisoner who is not eligible for special medical, administrative, or                              
02       discretionary parole, or who is not released on special medical, administrative, or                           
03       discretionary parole, shall be released on mandatory parole for the term of good time                             
04       deductions credited under AS 33.20, if the term or terms of imprisonment are two                                  
05       years or more.                                                                                                    
06    * Sec. 107. AS 33.16.010(d) is amended to read:                                                                    
07            (d)  A prisoner released on special medical, administrative, discretionary, or                           
08       mandatory parole is subject to the conditions of parole imposed under AS 33.16.150.                               
09       Parole may be revoked under AS 33.16.220.                                                                         
10    * Sec. 108. AS 33.16.010 is amended by adding a new subsection to read:                                            
11            (f)  A prisoner eligible under AS 33.16.089 shall be released on administrative                              
12       parole by the board of parole.                                                                                    
13    * Sec. 109. AS 33.16.060(a) is amended to read:                                                                    
14            (a)  The board shall                                                                                         
15                 (1)  serve as the parole authority for the state;                                                       
16                 (2)  [UPON RECEIPT OF AN APPLICATION,] consider the                                                     
17       suitability for parole of a prisoner who is eligible for discretionary parole at least 90                     
18       days before the prisoner's first date of eligibility and upon receipt of the                                  
19       prisoner's application for special medical [OR DISCRETIONARY] parole;                                         
20                 (3)  impose parole conditions on all prisoners released under special                               
21       medical, administrative, discretionary, or mandatory parole;                                              
22                 (4)  under AS 33.16.210, discharge a person from parole when custody                                    
23       is no longer required;                                                                                            
24                 (5)  maintain records of the meetings and proceedings of the board;                                     
25                 (6)  recommend to the governor and the legislature changes in the law                                   
26       administered by the board;                                                                                        
27                 (7)  recommend to the governor or the commissioner changes in the                                       
28       practices of the department and of other departments of the executive branch                                      
29       necessary to facilitate the purposes and practices of parole;                                                     
30                 (8)  upon request of the governor, review and recommend applicants                                      
31       for executive clemency; and                                                                                       
01                 (9)  execute other responsibilities prescribed by law.                                                  
02    * Sec. 110. AS 33.16 is amended by adding a new section to read:                                                   
03            Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner                                      
04       convicted of a misdemeanor or a class B or C felony that is not a sex offense as                                  
05       defined in AS 12.63.100 or an offense under AS 11.41 who has not been previously                                  
06       convicted of a felony in this or another jurisdiction and who has been sentenced to an                            
07       active term of imprisonment of at least 181 days shall be released on administrative                              
08       parole by the board without a hearing if                                                                          
09                 (1)  the prisoner has served the greater of                                                             
10                      (A)  one-fourth of the active term of imprisonment imposed;                                        
11                      (B)  the mandatory minimum term of imprisonment imposed; or                                        
12                      (C)  a term of imprisonment imposed under AS 12.55.115;                                            
13                 (2)  the prisoner is not excluded from eligibility for administrative                                   
14       parole by court order;                                                                                            
15                 (3)  the prisoner has agreed to and signed the conditions of parole under                               
16       AS 33.16.150;                                                                                                     
17                 (4)  the victim does not request a hearing to consider issues of public                                 
18       safety under AS 33.16.120; and                                                                                    
19                 (5)  the prisoner has met the requirements of the case plan, including                                  
20       completing programming in the case plan, under AS 33.30.011(8).                                                   
21            (b)  If a prisoner who is eligible for discretionary parole under AS 33.16.090                               
22       does not meet the criteria for release on administrative parole under (a) of this section,                        
23       the board shall consider the prisoner for discretionary parole.                                                   
24            (c)  If a victim makes a request at least 60 days before the prisoner's earliest                             
25       parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the                             
26       hearing not later than 30 days before the prisoner's earliest parole eligibility date. The                        
27       board may release or deny release of a prisoner on administrative parole after the                                
28       hearing.                                                                                                          
29            (d)  The board shall send notice to the victim at least 90 days before the                                   
30       prisoner's earliest parole eligibility date and provide instructions on how to request a                          
31       hearing under AS 33.16.120.                                                                                       
01    * Sec. 111. AS 33.16.090(a) is amended to read:                                                                    
02            (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                  
03       days and who has not been released on administrative parole as provided in                                    
04       AS 33.16.089 may, in the discretion of the board, be released on discretionary parole                         
05       if the prisoner                                                                                                   
06                 (1)  has served the amount of time specified under (b) of this section,                             
07       except that                                                                                                       
08                      (A) [(1)]  a prisoner sentenced to one or more mandatory 99-                                   
09            year terms under AS 12.55.125(a) or one or more definite terms under                                         
10            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
11                      (B) [(2)]  a prisoner is not eligible for consideration of                                     
12            discretionary parole if made ineligible by order of a court under AS 12.55.115;                              
13                      (C) [(3)]  a prisoner imprisoned under AS 12.55.086 is not                                     
14            eligible for discretionary parole unless the actual term of imprisonment is more                             
15            than one year; or                                                                                        
16                 (2)  is at least 60 years of age, has served at least 10 years of a                                 
17       sentence for one or more crimes in a single judgment, and has not been convicted                              
18       of an unclassified felony or a sexual felony as defined in AS 12.55.185.                                      
19    * Sec. 112. AS 33.16.090(b) is amended to read:                                                                    
20            (b)  A prisoner eligible under (a)(1) [(a)] of this section who is sentenced                             
21                 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                       
22       released on discretionary parole until the prisoner has served the mandatory minimum                              
23       term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment                                   
24       imposed, or any term set under AS 12.55.115, whichever is greatest;                                               
25                 (2)  to a single sentence within or below a presumptive range set out in                                
26       AS 12.55.125(i)(1) and (2) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)],                           
27       and has not been allowed by the three-judge panel under AS 12.55.175 to be                                        
28       considered for discretionary parole release, may not be released on discretionary                                 
29       parole until the prisoner has served the term imposed, less good time earned under                                
30       AS 33.20.010;                                                                                                     
31                 (3)  to a single sentence under AS 12.55.125(i) [AS 12.55.125(c), (d)(2)                            
01       - (4), (e)(3) AND (4), OR (i)], and has been allowed by the three-judge panel under                               
02       AS 12.55.175 to be considered for discretionary parole release during the second half                             
03       of the sentence, may not be released on discretionary parole until                                                
04                      (A)  the prisoner has served that portion of the active term of                                    
05            imprisonment required by the three-judge panel; and                                                          
06                      (B)  in addition to the factors set out in AS 33.16.100(a), the                                    
07            board determines that                                                                                        
08                           (i)  the prisoner has successfully completed all                                              
09                 rehabilitation programs ordered by the three-judge panel that were                                      
10                 made available to the prisoner; and                                                                     
11                           (ii)  the prisoner would not constitute a danger to the                                       
12                 public if released on parole;                                                                           
13                 (4)  to a single enhanced sentence under AS 12.55.155(a) that is above                                  
14       the applicable presumptive range may not be released on discretionary parole until the                            
15       prisoner has served the greater of the following:                                                                 
16                      (A)  an amount of time, less good time earned under                                                
17            AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                
18            of the amount of time above the presumptive range; or                                                        
19                      (B)  any term set under AS 12.55.115;                                                              
20                 (5)  to a single sentence under any other provision of law may not be                                   
21       released on discretionary parole until the prisoner has served at least one-fourth of the                         
22       active term of imprisonment, any mandatory minimum sentence imposed under any                                     
23       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
24                 (6)  to concurrent sentences may not be released on discretionary parole                                
25       until the prisoner has served the greatest of                                                                     
26                      (A)  any mandatory minimum sentence or sentences imposed                                           
27            under any provision of law;                                                                                  
28                      (B)  any term set under AS 12.55.115; or                                                           
29                      (C)  the amount of time that is required to be served under (1) -                                  
30            (5) of this subsection for the sentence imposed for the primary crime, had that                              
31            been the only sentence imposed;                                                                              
01                 (7)  to consecutive or partially consecutive sentences may not be                                       
02       released on discretionary parole until the prisoner has served the greatest of                                    
03                      (A)  the composite total of any mandatory minimum sentence or                                      
04            sentences imposed under any provision of law, including AS 12.55.127;                                        
05                      (B)  any term set under AS 12.55.115; or                                                           
06                      (C)  the amount of time that is required to be served under (1) -                                  
07            (5) of this subsection for the sentence imposed for the primary crime, had that                              
08            been the only sentence imposed, plus one-quarter of the composite total of the                               
09            active term of imprisonment imposed as consecutive or partially consecutive                                  
10            sentences imposed for all crimes other than the primary crime;                                           
11                 (8)  to a single sentence under AS 12.55.125(i)(3) and (4), and has                                 
12       not been allowed by the three-judge panel under AS 12.55.175 to be considered                                 
13       for discretionary parole release, may not be released on discretionary parole until                           
14       the prisoner has served, after a deduction for good time earned under                                         
15       AS 33.20.010, one-half of the active term of imprisonment imposed.                                          
16    * Sec. 113. AS 33.16.100(a) is amended to read:                                                                    
17            (a)  The board may authorize the release of a prisoner convicted of an                                   
18       unclassified felony who is otherwise eligible under AS 12.55.115 and                                          
19       AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability                          
20       exists that                                                                                                       
21                 (1)  the prisoner will live and remain at liberty without violating any                                 
22       laws or conditions imposed by the board;                                                                          
23                 (2)  the prisoner's rehabilitation and reintegration into society will be                               
24       furthered by release on parole;                                                                                   
25                 (3)  the prisoner will not pose a threat of harm to the public if released                              
26       on parole; and                                                                                                    
27                 (4)  release of the prisoner on parole would not diminish the                                           
28       seriousness of the crime.                                                                                         
29    * Sec. 114. AS 33.16.100(b) is amended to read:                                                                    
30            (b)  If the board finds a change in circumstances in a prisoner's preparole                              
31       reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED                                              
01       UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who                                    
02       has been granted a parole release date, the board may rescind or revise the previously                            
03       granted parole release date. In reconsidering the release date, the procedures set out in                         
04       AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed.                                                     
05    * Sec. 115. AS 33.16.100 is amended by adding new subsections to read:                                             
06            (f)  The board shall authorize the release of a prisoner who has been convicted                              
07       of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole                            
08       under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created                               
09       under AS 33.30.011(8), has agreed to and signed the condition of parole under                                     
10       AS 33.16.150, and has not been released on administrative parole under AS 33.16.089,                              
11       unless the board finds by clear and convincing evidence on the record that the prisoner                           
12       poses a threat of harm to the public if released on parole. If the board finds that the                           
13       incomplete case plan is not the fault of the prisoner or that the prisoner would not pose                         
14       a threat of harm to the public if released on parole, the board may waive the case plan                           
15       requirement.                                                                                                      
16            (g)  When considering a prisoner for release on discretionary parole under                                   
17       AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the                            
18       prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior                          
19       in prison, participation in treatment, and plans for reentering the community, a                                  
20       reasonable probability exists that                                                                                
21                 (1)  the prisoner will live and remain at liberty without violating any                                 
22       laws or conditions imposed by the board;                                                                          
23                 (2)  the prisoner's rehabilitation and reintegration into society will be                               
24       furthered by release on parole;                                                                                   
25                 (3)  the prisoner will not pose a threat of harm to the public if released                              
26       on parole; and                                                                                                    
27                 (4)  release of the prisoner on parole would not diminish the                                           
28       seriousness of the crime.                                                                                         
29    * Sec. 116. AS 33.16.110(a) is amended to read:                                                                    
30            (a)  In determining whether a prisoner is suitable for discretionary parole, the                             
31       board shall consider the preparole reports including                                                              
01                 (1)  the presentence report made to the sentencing court;                                               
02                 (2)  the recommendations made by the sentencing court, by the                                           
03       prosecuting attorney, and by the defense attorney, and any statements made by the                                 
04       victim or the prisoner at sentencing;                                                                             
05                 (3)  the prisoner's institutional conduct history while incarcerated;                                   
06                 (4)  recommendations made by the staff of the correctional facilities in                                
07       which the prisoner was incarcerated;                                                                              
08                 (5)  reports of prior crimes, juvenile histories, and previous experiences                              
09       of the prisoner on parole or probation;                                                                           
10                 (6)  physical, mental, and psychiatric examinations of the prisoner;                                    
11                 (7)  information submitted by the prisoner, the sentencing court, the                                   
12       victim of the crime, the prosecutor, or other persons having knowledge of the prisoner                            
13       or the crime;                                                                                                     
14                 (8)  information concerning an unjustified disparity in the sentence                                    
15       imposed on a prisoner in relation to other sentences imposed under similar                                        
16       circumstances;                                                                                                    
17                 (9)  the case plan created under AS 33.30.011(8) for the prisoner,                                  
18       including a compliance report on the case plan;                                                               
19                 (10)  a reentry plan created under AS 33.30.011(9); and                                             
20                 (11)  [AND (9)] other relevant information that may be reasonably                                   
21       available.                                                                                                        
22    * Sec. 117. AS 33.16.120(a) is amended to read:                                                                    
23            (a)  If the victim of a crime against a person or arson in the first degree                                  
24       requests notice of a scheduled hearing to review or consider discretionary parole for a                           
25       prisoner convicted of that crime, the board shall send notice of the hearing to the                               
26       victim at least 30 days before the hearing. The notice must be accompanied by a copy                              
27       of the prisoner's parole plan submitted to the board [APPLICATION FOR                                         
28       PAROLE SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the parole                                      
29       plan [APPLICATION] sent to the victim may not include the prisoner's confidential                         
30       health information, information protected under AS 33.16.170, proposed                                        
31       residence, or [AND] employment addresses.                                                                     
01    * Sec. 118. AS 33.16.120(f) is amended to read:                                                                    
02            (f)  Upon request of the victim, if a prisoner is released under AS 33.16.010(c),                            
03       33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the                           
04       victim before the prisoner's release date. Notification under this subsection must                                
05       include the expected date of the prisoner's release, the geographic area in which the                             
06       prisoner is required to reside, and other pertinent information concerning the prisoner's                         
07       conditions of parole that may affect the victim.                                                                  
08    * Sec. 119. AS 33.16.120(g) is amended to read:                                                                    
09            (g)  A victim of a crime involving domestic violence or of a sexual assault                              
10       under AS 11.41.110 - 11.41.427 shall be informed by the board at least 30 days in                             
11       advance of a scheduled hearing to review or consider [DISCRETIONARY] parole for                                   
12       a prisoner. The board shall inform the victim of any decision to grant or deny                                    
13       [DISCRETIONARY] parole or to release the prisoner under AS 33.16.010(c). If the                                   
14       prisoner is to be released, the victim shall be notified of the expected date of the                              
15       release, the geographic area in which the prisoner will reside, and any other                                     
16       information concerning conditions of parole that may affect the victim. The victim                                
17       shall also be informed of any changes in the conditions of parole that may affect the                             
18       victim. The board shall send the notice required to the last known address of the                                 
19       victim. A person may not bring a civil action for damages for a failure to comply with                            
20       the provisions of this subsection.                                                                                
21    * Sec. 120. AS 33.16.120 is amended by adding a new subsection to read:                                            
22            (h)  A victim who has a right to notice under (a) of this section may request a                              
23       hearing before a prisoner is released on administrative parole under AS 33.16.089. The                            
24       notice to the victim must include the procedure and time frame for requesting a                                   
25       hearing.                                                                                                          
26    * Sec. 121. AS 33.16.130 is repealed and reenacted to read:                                                      
27            Sec. 33.16.130. Parole procedures. (a) The parole board shall hold a hearing                               
28       before granting an eligible prisoner special medical or discretionary parole. The board                           
29       shall also hold a hearing if requested by a victim under procedures established for the                           
30       request for a prisoner eligible for administrative parole. A hearing shall be conducted                           
31       within the following time frames:                                                                                 
01                 (1)  for prisoners eligible under AS 33.16.100(a) or (f), not less than 90                              
02       days before the first parole eligibility date, unless the prisoner is eligible for                                
03       administrative parole;                                                                                            
04                 (2)  for all other prisoners, not less than 30 days after the board is                                  
05       notified of the need for a hearing by the commissioner or the commissioner's designee.                            
06            (b)  The commissioner or the commissioner's designee shall furnish to the                                    
07       prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner                              
08       shall be permitted access to all records that the board will consider in making its                               
09       decision except those that are made confidential by law. The prisoner may also                                    
10       respond in writing to all materials the board considers, be present at the hearing, and                           
11       present evidence to the board.                                                                                    
12            (c)  If the board denies parole, the board shall state the reasons for the denial,                           
13       identify all of the factors considered relevant to the denial, and provide a written plan                         
14       for addressing all of the factors relevant to the denial. The board may schedule a                                
15       subsequent parole hearing at the time of the denial or at a later date as follows:                                
16                 (1)  for the first parole denial, within two years after the first parole                               
17       eligibility date;                                                                                                 
18                 (2)  for the second and subsequent denials, within two years after the                                  
19       most recent parole hearing.                                                                                       
20            (d)  The board shall issue its decision in writing and provide a copy of the                                 
21       decision to the prisoner.                                                                                         
22    * Sec. 122. AS 33.16.140 is amended to read:                                                                       
23            Sec. 33.16.140. Order for parole. An order for parole issued by the board,                                 
24       setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole                              
25       custody ends, shall be furnished to each prisoner released on special medical,                                    
26       administrative, discretionary, or mandatory parole.                                                           
27    * Sec. 123. AS 33.16.150(a) is amended to read:                                                                    
28            (a)  As a condition of parole, a prisoner released on special medical,                                       
29       administrative, discretionary, or mandatory parole                                                            
30                 (1)  shall obey all state, federal, or local laws or ordinances, and any                                
31       court orders applicable to the parolee;                                                                           
01                 (2)  shall make diligent efforts to maintain steady employment or meet                                  
02       family obligations;                                                                                               
03                 (3)  shall, if involved in education, counseling, training, or treatment,                               
04       continue in the program unless granted permission from the parole officer assigned to                             
05       the parolee to discontinue the program;                                                                           
06                 (4)  shall report                                                                                       
07                      (A)  upon release to the parole officer assigned to the parolee;                                   
08                      (B)  at other times, and in the manner, prescribed by the board                                    
09            or the parole officer assigned to the parolee;                                                               
10                 (5)  shall reside at a stated place and not change that residence without                               
11       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
12                 (6)  shall remain within stated geographic limits unless written                                        
13       permission to depart from the stated limits is granted the parolee;                                               
14                 (7)  may not use, possess, handle, purchase, give, distribute, or                                       
15       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
16       drug for which a prescription is required under state or federal law without a                                    
17       prescription from a licensed medical professional to the parolee;                                                 
18                 (8)  may not possess or control a firearm; in this paragraph, "firearm"                                 
19       has the meaning given in AS 11.81.900;                                                                            
20                 (9)  may not enter into an agreement or other arrangement with a law                                    
21       enforcement agency or officer that will place the parolee in the position of violating a                          
22       law or parole condition without the prior approval of the board;                                                  
23                 (10)  may not contact or correspond with anyone confined in a                                           
24       correctional facility of any type serving any term of imprisonment or a felon without                             
25       the permission of the parole officer assigned to a parolee;                                                       
26                 (11)  shall agree to waive extradition from any state or territory of the                               
27       United States and to not contest efforts to return the parolee to the state;                                      
28                 (12)  shall provide a blood sample, an oral sample, or both, when                                       
29       requested by a health care professional acting on behalf of the state to provide the                              
30       sample or samples, or an oral sample when requested by a juvenile or adult                                        
31       correctional, probation, or parole officer, or a peace officer, if the prisoner is being                          
01       released after a conviction of an offense requiring the state to collect the sample or                            
02       samples for the deoxyribonucleic acid identification system under AS 44.41.035;                                   
03                 (13)  from a conviction for a sex offense shall submit to regular                                       
04       periodic polygraph examinations; in this paragraph, "sex offense" has the meaning                                 
05       given in AS 12.63.100.                                                                                            
06    * Sec. 124. AS 33.16.150(b) is amended to read:                                                                    
07            (b)  The board may require as a condition of special medical, administrative,                            
08       discretionary, or mandatory parole, or a member of the board acting for the board                                 
09       under (e) of this section may require as a condition of administrative or mandatory                           
10       parole, that a prisoner released on parole                                                                        
11                 (1)  not possess or control a defensive weapon, a deadly weapon other                                   
12       than an ordinary pocket knife with a blade three inches or less in length, or                                     
13       ammunition for a firearm, or reside in a residence where there is a firearm capable of                            
14       being concealed on one's person or a prohibited weapon; in this paragraph, "deadly                                
15       weapon," "defensive weapon," and "firearm" have the meanings given in                                             
16       AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200;                                      
17                 (2)  refrain from possessing or consuming alcoholic beverages;                                          
18                 (3)  submit to reasonable searches and seizures by a parole officer, or a                               
19       peace officer acting under the direction of a parole officer;                                                     
20                 (4)  submit to appropriate medical, mental health, or controlled                                        
21       substance or alcohol examination, treatment, or counseling;                                                       
22                 (5)  submit to periodic examinations designed to detect the use of                                      
23       alcohol or controlled substances; the periodic examinations may include testing under                             
24       the program established under AS 33.16.060(c);                                                                    
25                 (6)  make restitution ordered by the court according to a schedule                                      
26       established by the board;                                                                                         
27                 (7)  refrain from opening, maintaining, or using a checking account or                                  
28       charge account;                                                                                                   
29                 (8)  refrain from entering into a contract other than a prenuptial contract                             
30       or a marriage contract;                                                                                           
31                 (9)  refrain from operating a motor vehicle;                                                            
01                 (10)  refrain from entering an establishment where alcoholic beverages                                  
02       are served, sold, or otherwise dispensed;                                                                         
03                 (11)  refrain from participating in any other activity or conduct                                       
04       reasonably related to the parolee's offense, prior record, behavior or prior behavior,                            
05       current circumstances, or perceived risk to the community, or from associating with                               
06       any other person that the board determines is reasonably likely to diminish the                                   
07       rehabilitative goals of parole, or that may endanger the public; in the case of special                           
08       medical parole, for a prisoner diagnosed with a communicable disease, comply with                                 
09       conditions set by the board designed to prevent the transmission of the disease.                                  
10    * Sec. 125. AS 33.16.150(e) is amended to read:                                                                    
11            (e)  The board may designate a member of the board to act on behalf of the                                   
12       board in imposing conditions of administrative or mandatory parole under (a) and (b)                          
13       of this section, in delegating imposition of conditions of administrative or mandatory                        
14       parole under (c) of this section, and in setting the period of compliance with the                                
15       conditions of administrative or mandatory parole under (d) of this section. The                               
16       decision of a member of the board under this section is the decision of the board. A                              
17       prisoner or parolee aggrieved by a decision of a member of the board acting for the                               
18       board under this subsection may apply to the board under AS 33.16.160 for a change                                
19       in the conditions of administrative or mandatory parole.                                                      
20    * Sec. 126. AS 33.16.150(f) is amended to read:                                                                    
21            (f)  In addition to other conditions of parole imposed under this section, the                               
22       board may impose as a condition of special medical, administrative, discretionary, or                         
23       mandatory parole for a prisoner serving a term for a crime involving domestic                                     
24       violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a                          
25       requirement that, at the prisoner's expense, the prisoner participate in and complete, to                         
26       the satisfaction of the board, a program for the rehabilitation of perpetrators of                                
27       domestic violence that meets the standards set by, and that is approved by, the                                   
28       department under AS 44.28.020(b); and (3) any other condition necessary to                                        
29       rehabilitate the prisoner. The board shall establish procedures for the exchange of                               
30       information concerning the parolee with the victim and for responding to reports of                               
31       nonattendance or noncompliance by the parolee with conditions imposed under this                                  
01       subsection. The board may not under this subsection require a prisoner to participate                             
02       in and complete a program for the rehabilitation of perpetrators of domestic violence                             
03       unless the program meets the standards set by, and is approved by, the department                                 
04       under AS 44.28.020(b).                                                                                            
05    * Sec. 127. AS 33.16.150(g) is amended to read:                                                                    
06            (g)  In addition to other conditions of parole imposed under this section for a                              
07       prisoner serving a sentence for an offense where the aggravating factor provided in                               
08       AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a                                      
09       condition of special medical, administrative, discretionary, and mandatory parole a                           
10       requirement that the prisoner submit to electronic monitoring. Electronic monitoring                              
11       under this subsection must comply with AS 33.30.011(10) and provide for                                       
12       monitoring of the prisoner's location and movements by Global Positioning System                                  
13       technology. The board shall require a prisoner serving a period of parole                                     
14       [PROBATION] with electronic monitoring as provided under this subsection to pay                                   
15       all or a portion of the costs of the electronic monitoring, but only if the prisoner has                          
16       sufficient financial resources to pay the costs or a portion of the costs. A prisoner                             
17       subject to electronic monitoring under this subsection is not entitled to a credit for                            
18       time served in a correctional facility while the defendant is on parole. In this                                  
19       subsection, "correctional facility" has the meaning given in AS 33.30.901.                                        
20    * Sec. 128. AS 33.16.150 is amended by adding a new subsection to read:                                            
21            (h)  In addition to other conditions of parole imposed under this section, for a                             
22       prisoner serving a sentence for an offense involving the use of alcohol or controlled                             
23       substances, the board may impose, as a condition of special medical, administrative,                              
24       discretionary, or mandatory parole, a requirement that the prisoner comply with a                                 
25       program established under AS 33.16.060(c) or AS 47.38.020. The board may require a                                
26       prisoner serving a period of parole and complying with a program established under                                
27       AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with                              
28       the program.                                                                                                      
29    * Sec. 129. AS 33.16.180 is amended to read:                                                                       
30            Sec. 33.16.180. Duties of the commissioner. The commissioner shall                                         
31                 (1)  conduct investigations of prisoners eligible for administrative or                             
01       discretionary parole, as requested by the board and as provided in this section;                              
02                 (2)  supervise the conduct of parolees;                                                                 
03                 (3)  appoint and assign parole officers and personnel;                                                  
04                 (4)  provide the board, within 30 days after sentencing, information on                                 
05       a sentenced prisoner who may be eligible for administrative parole under                                      
06       AS 33.16.089 or discretionary parole under AS 33.16.090;                                                      
07                 (5)  notify the board and provide information on a prisoner 120 days                                    
08       before the prisoner's mandatory release date, if the prisoner is to be released on [TO]                       
09       mandatory parole; [AND]                                                                                           
10                 (6)  maintain records, files, and accounts as requested by the board;                               
11                 (7)  prepare preparole reports under AS 33.16.110(a);                                               
12                 (8)  notify the board in writing of a prisoner's compliance or                                      
13       noncompliance with the prisoner's case plan created under AS 33.30.011(8) not                                 
14       less than 30 days before the prisoner's next parole eligibility date or the                                   
15       prisoner's parole hearing date, whichever is earlier;                                                         
16                 (9)  establish an administrative sanction and incentive program to                                  
17       facilitate a swift and certain response to a parolee's compliance with or violation                           
18       of the conditions of parole and shall adopt regulations to implement the program;                             
19       at a minimum, the regulations must include                                                                    
20                      (A)  a decision-making process to guide parole officers in                                     
21            determining the suitable response to positive and negative offender                                      
22            behavior that includes a list of sanctions for the most common types of                                  
23            negative behavior, including technical violations of conditions of parole,                               
24            and a list of incentives for compliance with conditions and positive                                     
25            behavior that exceeds those conditions;                                                                  
26                      (B)  policies and procedures that ensure                                                       
27                           (i)  a process for responding to negative behavior                                        
28                 that includes a review of previous violations and sanctions;                                        
29                           (ii)  that enhanced sanctions for certain negative                                        
30                 conduct are approved by the commissioner or the commissioner's                                      
31                 designee; and                                                                                       
01                           (iii)  that appropriate due process protections are                                       
02                 included in the process, including notice of negative behavior, an                                  
03                 opportunity to dispute the accusation and the sanction, and an                                      
04                 opportunity to request a review of the accusation and the sanction;                                 
05                 and                                                                                                 
06                 (10)  within 30 days after sentencing of an offender, provide the                                   
07       victim of a crime information on the earliest dates the offender could be released                            
08       on furlough, probation, or parole, including deductions or reductions for good                                
09       time or other good conduct incentives and the process for release, including                                  
10       contact information for the decision-making bodies.                                                           
11    * Sec. 130. AS 33.16.200 is amended to read:                                                                       
12            Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the                                
13       board retains custody of special medical, administrative, discretionary, and                                  
14       mandatory parolees until the expiration of the maximum term or terms of                                           
15       imprisonment to which the parolee is sentenced.                                                                   
16    * Sec. 131. AS 33.16.210 is amended to read:                                                                       
17            Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally                                    
18       discharge a parolee from the jurisdiction and custody of the board after the parolee has                          
19       completed one year [TWO YEARS] of parole. A discretionary parolee with a residual                             
20       period of probation may, after one year [TWO YEARS] of parole, be discharged by                               
21       the board to immediately begin serving the residual period of probation.                                          
22            (b)  Notwithstanding (a) of this section, the board may unconditionally                                      
23       discharge a mandatory parolee before the parolee has completed one year [TWO                                  
24       YEARS] of parole if the parolee is serving a concurrent period of residual probation                              
25       under AS 33.20.040(c), and the period of residual probation and the period of                                     
26       suspended imprisonment each equal or exceed the period of mandatory parole.                                       
27    * Sec. 132. AS 33.16.210 is amended by adding a new subsection to read:                                            
28            (c)  A parole officer shall recommend to the board early discharge for a parolee                             
29       who                                                                                                               
30                 (1)  has completed at least one year on parole;                                                         
31                 (2)  has completed all treatment programs required as a condition of                                    
01       parole;                                                                                                           
02                 (3)  has not been found in violation of conditions of parole by the board                               
03       for at least one year; and                                                                                        
04                 (4)  has not been convicted of                                                                          
05                      (A)  an unclassified felony offense under AS 11;                                                   
06                      (B)  a sexual felony as defined by AS 12.55.185; or                                                
07                      (C)  a crime involving domestic violence as defined by                                             
08            AS 18.66.990.                                                                                              
09    * Sec. 133. AS 33.16 is amended by adding a new section to read:                                                   
10            Sec. 33.16.215. Sanctions for technical violations and other violations of                                 
11       parole. (a) If a parolee is serving a period of parole for an offense, the board may find                       
12       that the parolee has committed a technical violation of parole. If the board finds that a                         
13       parolee has committed a technical violation of parole that does not include                                       
14       absconding, the board may reinstate the term of parole with appropriate conditions or                             
15       revoke parole and impose a term of imprisonment of not more than                                                  
16                 (1)  three days for the first parole revocation;                                                        
17                 (2)  five days for the second parole revocation;                                                        
18                 (3)  10 days for the third parole revocation; and                                                       
19                 (4)  the remainder of the sentence for a fourth or subsequent parole                                    
20       revocation.                                                                                                       
21            (b)  If the board revokes a parolee's parole for absconding, the board may                                   
22       impose a period of imprisonment not to exceed 30 days.                                                            
23            (c)  The limits on length of imprisonment the board may impose under this                                    
24       section if the board revokes a parolee's parole do not apply if the parolee is enrolled in                        
25       the program established under AS 33.16.060(c).                                                                    
26            (d)  If the defendant is ordered to complete treatment under AS 33.16.150(a)(3)                              
27       and does not comply with the board's order, the board may order the parolee to show                               
28       cause why the board should not revoke the parole for noncompletion of treatment. In a                             
29       parole revocation proceeding brought as a result of failure to complete treatment, it is                          
30       an affirmative defense that the parolee was unable to afford the cost of treatment or                             
31       secure a place in a free treatment program, despite having made continuing good faith                             
01       efforts. If the board finds that the parolee was unable to complete treatment despite                             
02       having made continuing good faith efforts, the parole may not be revoked solely                                   
03       because of an inability to pay. If the board does not find that the noncompletion of                              
04       treatment was attributable to the parolee's inability to pay, the board may revoke                                
05       parole subject to the limits established in this section.                                                         
06            (e)  Notwithstanding (a) of this section, the board may not find a technical                                 
07       violation under this section if a person convicted of a sex offense as defined in                                 
08       AS 12.63.100 violates a special condition of parole that is similar to a probation                                
09       condition described in AS 12.55.100(e).                                                                           
10            (f)  In this section,                                                                                        
11                 (1)  "absconding" means failing to report within five working days after                                
12       release from custody under AS 33.20.030 or failing to report for a scheduled meeting                              
13       with a parole officer, as directed by the board or the parole officer, and failing to make                        
14       contact with the parole officer within 30 days following the missed meeting;                                      
15                 (2)  "technical violation" means a violation of the conditions of parole                                
16       that does not constitute                                                                                          
17                      (A)  a new criminal offense;                                                                       
18                      (B)  failing to complete sex offender treatment; or                                                
19                      (C)  failing to complete an intervention program for batterers.                                    
20    * Sec. 134. AS 33.16.220(b) is amended to read:                                                                    
21            (b)  Except as provided in (e) of this section, within 15 working days after the                             
22       arrest and incarceration of a parolee for violation of a condition of parole, other than                      
23       a technical violation under AS 33.16.215, the board or its designee shall hold a                              
24       preliminary hearing. At the preliminary hearing, the board or its designee shall                                  
25       determine if there is probable cause to believe that the parolee violated the conditions                          
26       of parole and, when probable cause exists, whether the parolee should be released                                 
27       pending a final revocation hearing. A finding of probable cause at a preliminary                                  
28       hearing in a criminal case is conclusive proof of probable cause that a parole violation                          
29       occurred.                                                                                                         
30    * Sec. 135. AS 33.16.220(f) is amended to read:                                                                    
31            (f)  If a parolee has had a preliminary hearing under (b) of this section, the                           
01       [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a                        
02       parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this                              
03       section.                                                                                                          
04    * Sec. 136. AS 33.16.220(i) is amended to read:                                                                    
05            (i)  If, after the final revocation hearing, the board finds that the parolee has                            
06       violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                            
07       ordinance, the board may revoke all or a portion of the remaining period of parole                            
08       subject to the limits set out in AS 33.16.215, or change any condition of parole. A                       
09       parolee's period of parole is tolled from the date of filing with the parole board of                         
10       a violation report for absconding and the date of the parolee's arrest, if the                                
11       parole board finds after a hearing that the parolee violated parole by absconding,                            
12       as defined in AS 12.55.110(h). The board may not extend the period of parole                                  
13       beyond the maximum release date calculated by the department on the parolee's                                 
14       original sentence plus any time that has been tolled as described in this section.                            
15    * Sec. 137. AS 33.16.220 is amended by adding a new subsection to read:                                            
16            (j)  If a parolee has been arrested for a technical violation of conditions of                               
17       parole, the board or its designee shall hold a final hearing within 15 working days.                              
18    * Sec. 138. AS 33.16.240 is amended by adding new subsections to read:                                             
19            (h)  A parolee arrested under this section for a technical violation shall be                                
20       released once the parolee has served the maximum number of days that could be                                     
21       served for a technical violation under AS 33.16.215. Nothing in this subsection                                   
22       prohibits the board or its designee from releasing a parolee sooner.                                              
23            (i)  The board or its designee may impose additional conditions necessary to                                 
24       ensure the parolee's appearance at a hearing held under AS 33.16.220(h).                                          
25    * Sec. 139. AS 33.16 is amended by adding a new section to read:                                                   
26            Sec. 33.16.270. Earned compliance credits. The commissioner shall establish                                
27       by regulation a program allowing parolees to earn credits for complying with the                                  
28       conditions of parole. The earned compliance credits reduce the period of parole.                                  
29       Nothing in this section prohibits the department from recommending to the board the                               
30       early discharge of the parolee as provided in AS 33.16. At a minimum, the regulations                             
31       must                                                                                                              
01                 (1)  require that a parolee earn a credit of 30 days for each 30-day                                    
02       period served in which the parolee complied with the conditions of parole;                                        
03                 (2)  include policies and procedures for                                                                
04                      (A)  calculating and tracking credits earned by parolees;                                          
05                      (B)  reducing the parolee's period of parole based on credits                                      
06            earned by the parolee; and notifying a victim under AS 33.30.013.                                            
07    * Sec. 140. AS 33.16.900 is amended by adding new paragraphs to read:                                              
08                 (14)  "administrative parole" means the release of a prisoner who is                                    
09       eligible for administrative parole under AS 33.16.089 and who has satisfied the                                   
10       criteria for release, subject to conditions imposed by the board and subject to its                               
11       custody and jurisdiction;                                                                                         
12                 (15)  "administrative sanctions and incentives" means responses by a                                    
13       parole officer to a parolee's compliance with or violation of the conditions of parole                            
14       under AS 33.16.180.                                                                                               
15    * Sec. 141. AS 33.20.010(a) is amended to read:                                                                    
16            (a)  Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner                                      
17       convicted of an offense against the state or a political subdivision of the state and                             
18       sentenced to a term of imprisonment that exceeds three days is entitled to a deduction                            
19       of one-third of the term of imprisonment rounded off to the nearest day if the prisoner                           
20       follows the rules of the correctional facility in which the prisoner is confined. A                               
21       prisoner is not eligible for a good time deduction if the prisoner has been sentenced                             
22                 (1)  to a mandatory 99-year term of imprisonment under                                                  
23       AS 12.55.125(a) after June 27, 1996;                                                                              
24                 (2)  to a definite term under AS 12.55.125(l); [OR]                                                     
25                 (3)  for a sexual felony under AS 12.55.125(i)                                                          
26                      (A)  and has one or more prior sexual felony convictions as                                        
27            determined under AS 12.55.145(a)(4); or                                                                      
28                      (B)  that is an unclassified or a class A felony; or                                           
29                 (4)  to a definite term of imprisonment of not more than 10 days for                                
30       a technical violation of AS 12.55.110(c) or AS 33.16.215.                                                     
31    * Sec. 142. AS 33.20.010(c) is repealed and reenacted to read:                                                     
01            (c)  A prisoner is entitled to a good time deduction under (a) of this section for                           
02       any time spent under electronic monitoring or in a residential program for treatment of                           
03       alcohol or drug abuse under a prerelease furlough as provided in AS 33.30.101.                                    
04    * Sec. 143. AS 33.30.011 is amended to read:                                                                       
05            Sec. 33.30.011. Duties of commissioner. The commissioner shall                                             
06                 (1)  establish, maintain, operate, and control correctional facilities                                  
07       suitable for the custody, care, and discipline of persons charged or convicted of                                 
08       offenses against the state or held under authority of state law; each correctional facility                       
09       operated by the state shall be established, maintained, operated, and controlled in a                             
10       manner that is consistent with AS 33.30.015;                                                                      
11                 (2)  classify prisoners;                                                                                
12                 (3)  for persons committed to the custody of the commissioner,                                          
13       establish programs, including furlough programs that are reasonably calculated to                                 
14                      (A)  protect the public and the victims of crimes committed by                                     
15            prisoners;                                                                                                   
16                      (B)  maintain health;                                                                              
17                      (C)  create or improve occupational skills;                                                        
18                      (D)  enhance educational qualifications;                                                           
19                      (E)  support court-ordered restitution; and                                                        
20                      (F)  otherwise provide for the rehabilitation and reformation of                                   
21            prisoners, facilitating their reintegration into society;                                                    
22                 (4)  provide necessary                                                                                  
23                      (A)  medical services for prisoners in correctional facilities or                                  
24            who are committed by a court to the custody of the commissioner, including                                   
25            examinations for communicable and infectious diseases;                                                       
26                      (B)  psychological or psychiatric treatment if a physician or                                      
27            other health care provider, exercising ordinary skill and care at the time of                                
28            observation, concludes that                                                                                  
29                           (i)  a prisoner exhibits symptoms of a serious disease or                                     
30                 injury that is curable or may be substantially alleviated; and                                          
31                           (ii)  the potential for harm to the prisoner by reason of                                     
01                 delay or denial of care is substantial; and                                                             
02                      (C)  assessment or screening of the risks and needs of offenders                                   
03            who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                              
04            alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                    
05            disorder;                                                                                                    
06                 (5)  establish minimum standards for sex offender treatment programs                                    
07       offered to persons who are committed to the custody of the commissioner;                                          
08                 (6)  provide for fingerprinting in correctional facilities in accordance                                
09       with AS 12.80.060; [AND]                                                                                          
10                 (7)  establish a program to conduct assessments of the risks and needs                                  
11       of offenders sentenced to serve a term of incarceration of 30 days or more and provide                            
12       to the legislature, by electronic means, by January 15, 2017, and thereafter by                                   
13       January 15, preceding the first regular session of each legislature, a report                                     
14       summarizing the findings and results of the program; the program must include a                               
15       requirement for an assessment before a prisoner's release on parole, furlough, or                             
16       electronic monitoring from a correctional facility;                                                           
17                 (8)  establish a procedure that provides for each prisoner required                                 
18       to serve an active term of imprisonment of 30 days or more a written case plan                                
19       that                                                                                                          
20                      (A)  is provided to the prisoner within 90 days after                                          
21            sentencing;                                                                                              
22                      (B)  is based on the results of the assessment of the                                          
23            prisoner's risks and needs under (7) of this section;                                                    
24                      (C)  includes a requirement to follow the rules of the                                         
25            institution;                                                                                             
26                      (D)  is modified when necessary for changes in classification,                                 
27            housing status, medical or mental health, and resource availability;                                     
28                      (E)  includes participation in programming that addresses                                      
29            the needs identified in the assessment;                                                                  
30                 (9)  establish a program to begin reentry planning with each                                        
31       prisoner serving an active term of imprisonment of 90 days or more; reentry                                   
01       planning must begin at least 90 days before release on furlough or probation or                               
02       parole; the reentry program must include                                                                      
03                      (A)  a written reentry plan for each prisoner completed                                        
04            upon release on furlough or probation or parole that includes information                                
05            on the prisoner's proposed                                                                               
06                           (i)  residence;                                                                           
07                           (ii)  employment or alternative means of support;                                         
08                           (iii)  treatment options;                                                                 
09                           (iv)  counseling services;                                                                
10                           (v)  education or job training services;                                                  
11                      (B)  any other requirements for successful transition back to                                  
12            the community, including electronic monitoring or furlough for the period                                
13            between a scheduled parole hearing and parole eligibility;                                               
14                      (C)  coordination with the Department of Labor and                                             
15            Workforce Development to provide access, after release, to job training                                  
16            and employment assistance;                                                                               
17                 (10)  for offenders under electronic monitoring, establish                                          
18                      (A)  minimum standards for electronic monitoring, which                                        
19            may include the requirement of active, real-time monitoring using global                                 
20            positioning systems; and                                                                                 
21                      (B)  procedures for oversight and approving electronic                                         
22            monitoring programs and systems provided by private contractors; and                                     
23                 (11)  assist a prisoner in obtaining a valid state identification card if                           
24       the prisoner does not have a valid state identification card before the prisoner's                            
25       release; the department shall pay the application fee for the identification card.                            
26    * Sec. 144. AS 33.30.013(a) is amended to read:                                                                    
27            (a)  The commissioner shall notify the victim if the offender                                                
28                 (1)  escapes from custody;                                                                      
29                 (2)  is discharged from parole under AS 33.16; or                                                   
30                 (3)  is released to the community on a furlough, on an early release                                
31       program, or for any other reason.                                                                               
01    * Sec. 145. AS 33.30.065(a) is amended to read:                                                                    
02            (a)  If the commissioner designates a prisoner to serve the prisoner's term of                               
03       imprisonment or period of temporary commitment, or a part of the term or period, by                               
04       electronic monitoring, the commissioner shall direct the prisoner to serve the term or                            
05       period at the prisoner's residence or other place selected by the commissioner. The                               
06       electronic monitoring shall be administered by the department or by a private                                 
07       contractor approved by the department under AS 33.30.011(10)(B) and shall be                                  
08       designed so that any attempt to remove, tamper with, or disable the monitoring                                    
09       equipment or to leave the place selected for the service of the term or period will result                        
10       in a report or notice to the department.                                                                          
11    * Sec. 146. AS 33.30 is amended by adding a new section to read:                                                   
12            Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The                                 
13       commissioner shall establish a program to prepare a prisoner who is serving a sentence                            
14       of imprisonment exceeding one year for the prisoner's discharge, release on parole or                             
15       probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the                               
16       date of the prisoner's discharge, release, or furlough.                                                           
17            (b)  The program established under (a) of this section must include                                          
18                 (1)  instruction on                                                                                     
19                      (A)  obtaining state identification;                                                               
20                      (B)  community resources available for housing, employment,                                        
21            and treatment;                                                                                               
22                 (2)  an individualized reentry plan under AS 30.30.011(9) for the                                       
23       prisoner;                                                                                                         
24                 (3)  probation and parole orientation, if appropriate; and                                              
25                 (4)  a partnership with one or more nonprofit organizations to allow                                    
26       access to a prisoner before the prisoner's discharge, release, or furlough to assist the                          
27       prisoner with the prisoner's application for Medicaid, Social Security benefits, public                           
28       assistance under AS 47.25, and a state identification card or driver's license and                                
29       provide other programs to assist the prisoner's transition into the community, promote                            
30       rehabilitation, and reduce recidivism.                                                                            
31    * Sec. 147. AS 33.30.151 is amended to read:                                                                       
01            Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall                               
02       establish correctional restitution centers in the state. The purpose of the centers is to                         
03       provide certain offenders with rehabilitation through comprehensive treatment for                             
04       substance abuse, cognitive behavioral disorders, and other criminal risk factors,                             
05       including aftercare support, community service, and employment, while protecting                      
06       the community through partial incarceration of the offender, and to create a means to                             
07       provide restitution to victims of crimes.                                                                         
08            (b)  The commissioner shall adopt regulations setting standards for the                                      
09       operation of the centers including                                                                                
10                 (1)  requirements that the centers be secure and in compliance with                                     
11       state and local safety laws;                                                                                      
12                 (2)  standards for disciplinary rules to be imposed on prisoners confined                               
13       to the centers;                                                                                                   
14                 (3)  standards for the granting of emergency absence to prisoners                                       
15       confined to the centers;                                                                                          
16                 (4)  standards for classifying prisoners to centers;                                                    
17                 (5)  standards for mandatory employment and participation in                                            
18       community service programs in each center; [AND]                                                                  
19                 (6)  standards for periodic review of the performance of prisoners                                      
20       confined to the centers and quality assurance measures to ensure centers are                                  
21       meeting state standards and contractual obligations;                                                          
22                 (7)  standards for the provision of treatment, including substance                                  
23       abuse treatment, cognitive behavioral therapy, and aftercare designed to address                              
24       an offender's individual criminogenic needs; and                                                              
25                 (8)  standards and a process to assess an offender's risk of                                        
26       recidivating and the criminal risk factors and needs that reduce the risk of                                  
27       recidivating and ensure that                                                                                  
28                      (A)  high risk offenders with moderate to high needs are a                                     
29            priority for acceptance into a correctional restitution center; and                                      
30                      (B)  centers establish internal procedures to limit the mixing                                 
31            of low and high risk prisoners.                                                                          
01    * Sec. 148. AS 34.03.360(7) is amended to read:                                                                    
02                 (7)  "illegal activity involving a controlled substance" means a violation                              
03       of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1)                         
04       OR (2)], or 11.71.040(a)(1), (2), or (5);                                                                         
05    * Sec. 149. AS 43.23.065(b) is amended to read:                                                                    
06            (b)  An exemption is not available under this section for permanent fund                                     
07       dividends taken to satisfy                                                                                        
08                 (1)  child support obligations required by court order or decision of the                               
09       child support services agency under AS 25.27.140 - 25.27.220;                                                     
10                 (2)  court ordered restitution under AS 12.55.045 - 12.55.051,                                          
11       12.55.100, or AS 47.12.120(b)(4);                                                                                 
12                 (3)  claims on defaulted education loans under AS 43.23.067;                                            
13                 (4)  court ordered fines;                                                                               
14                 (5)  writs of execution under AS 09.35 of a judgment that is entered                                    
15                      (A)  against a minor in a civil action to recover damages and                                      
16            court costs;                                                                                                 
17                      (B)  under AS 09.65.255 against the parent, parents, or legal                                      
18            guardian of an unemancipated minor;                                                                          
19                 (6)  a debt owed by an eligible individual to an agency of the state,                                   
20       including the University of Alaska, unless the debt is contested and an appeal is                                 
21       pending, or the time limit for filing an appeal has not expired;                                                  
22                 (7)  a debt owed to a person for a program for the rehabilitation of                                    
23       perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15),                               
24       AS 25.20.061(3), or AS 33.16.150(f)(2);                                                                           
25                 (8)  a judgment for unpaid rent or damage owed to a landlord by an                                      
26       eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the                        
27       meaning given in AS 34.03.360;                                                                                
28                 (9)  court-ordered forfeiture of an appearance or performance                                       
29       bond under AS 12.30.075.                                                                                      
30    * Sec. 150. AS 43.61.010 is amended by adding new subsections to read:                                             
31            (c)  The recidivism reduction fund is established in the general fund. The                                   
01       Department of Administration shall separately account for 50 percent of the tax                                   
02       collected under this section and deposit it into the recidivism reduction fund.                                   
03            (d)  The legislature may use the annual estimated balance in the fund to make                                
04       appropriations to the Department of Corrections, the Department of Health and Social                              
05       Services, or the Department of Public Safety for recidivism reduction programs.                                   
06            (e)  Nothing in this section creates a dedicated fund.                                                       
07    * Sec. 151. AS 44.19.645 is amended to read:                                                                       
08            Sec. 44.19.645. Powers and duties of the commission. (a) The commission                                    
09       shall evaluate the effect of sentencing laws and criminal justice practices on the                                
10       criminal justice system to evaluate whether those sentencing laws and criminal justice                            
11       practices provide for protection of the public, community condemnation of the                                     
12       offender, the rights of victims of crimes, the rights of the accused and the person                               
13       convicted, restitution from the offender, and the principle of reformation. The                                   
14       commission shall make recommendations for improving criminal sentencing practices                                 
15       and criminal justice practices, including rehabilitation and restitution. The                                 
16       commission shall annually make recommendations to the governor and the                                        
17       legislature on how savings from criminal justice reforms should be reinvested to                              
18       reduce recidivism. In formulating its recommendations, the commission shall                                   
19       consider                                                                                                          
20                 (1)  statutes, court rules, and court decisions relevant to sentencing of                               
21       criminal defendants in misdemeanor and felony cases;                                                              
22                 (2)  sentencing practices of the judiciary, including use of presumptive                                
23       sentences;                                                                                                        
24                 (3)  means of promoting uniformity, proportionality, and accountability                                 
25       in sentencing;                                                                                                    
26                 (4)  alternatives to traditional forms of incarceration;                                                
27                 (5)  the efficacy of parole and probation in ensuring public safety,                                    
28       achieving rehabilitation, and reducing recidivism;                                                                
29                 (6)  the adequacy, availability, and effectiveness of treatment and                                     
30       rehabilitation programs;                                                                                          
31                 (7)  crime and incarceration rates, including the rate of violent crime                                 
01       and the abuse of controlled substances, in this state compared to other states, and best                          
02       practices adopted by other states that have proven to be successful in reducing                                   
03       recidivism;                                                                                                       
04                 (8)  the relationship between sentencing priorities and correctional                                    
05       resources;                                                                                                        
06                 (9)  the effectiveness of the state's current methodologies for the                                     
07       collection and dissemination of criminal justice data; and                                                        
08                 (10)  whether the schedules for controlled substances in AS 11.71.140 -                                 
09       11.71.190 are reasonable and appropriate, considering the criteria established in                                 
10       AS 11.71.120(c).                                                                                                  
11            (b)  The commission may                                                                                      
12                 (1)  recommend legislative and administrative action on criminal justice                                
13       practices; [AND]                                                                                                  
14                 (2)  select and retain the services of consultants as necessary;                                    
15                 (3)  appoint a working group to review and analyze the                                              
16       implementation of the recommendations made in the justice reinvestment report                                 
17       in December 2015, and other recommendations issued by the commission, and                                     
18       regularly report to the commission on the status of the implementation; a                                     
19       working group may include representatives of criminal justice agencies and key                                
20       constituencies who are not members of the commission; and                                                     
21                 (4)  enter into data-sharing agreements with the Justice Center at                                  
22       the University of Alaska, the Alaska Judicial Council, or other research                                      
23       institutions for the purposes of analyzing data and performance metrics.                                      
24    * Sec. 152. AS 44.19.645 is amended by adding new subsections to read:                                             
25            (c)  The commission shall                                                                                    
26                 (1)  receive and analyze data collected by agencies and entities charged                                
27       with implementing the recommendations of the 2015 justice reinvestment report and                                 
28       other recommendations issued by the commission and who are collecting data during                                 
29       the implementation and management of specific commission recommendations;                                         
30                 (2)  track and assess outcomes from the recommendations the                                             
31       commission has made and corresponding criminal justice reforms;                                                   
01                 (3)  request, receive, and review data and reports on performance                                       
02       outcome data relating to criminal justice reform;                                                                 
03                 (4)  appoint a working group to review and analyze sexual offense                                       
04       statutes and report to the legislature if there are circumstances under which victims'                            
05       rights, public safety, and the rehabilitation of offenders are better served by changing                          
06       existing laws; the working group shall consult with the office of victims' rights in                              
07       developing the report; the commission shall deliver the report to the senate secretary                            
08       and the chief clerk of the house of representatives and notify the legislature that the                           
09       report is available; the commission may include in the working group people                                       
10       representing a variety of viewpoints who are not members of the commission; and                                   
11                 (5)  explore the possibility of entering into mutually agreeable                                        
12       arrangements with regional nonprofit organizations, including tribes and tribal                                   
13       organizations, to provide the pretrial, probation, and parole services needed in                                  
14       underserved areas of the state.                                                                                   
15            (d)  Agencies and entities reporting data to the working group authorized in                                 
16       (b)(3) of this section under (e) - (g) of this section shall                                                      
17                 (1)  report data individually by case number, including an identifier                                   
18       number such as the Alaska Public Safety Information Network number, the court case                                
19       number, the Alaska Corrections Offender Management System number, and the arrest                                  
20       tracking number, as available;                                                                                    
21                 (2)  include demographic information necessary for tracking                                             
22       individuals across multiple databases, including the individual's first name, last name,                          
23       middle initial as available, and date of birth; and                                                               
24                 (3)  include information necessary to measure possible disparate effects                                
25       of criminal justice laws and policies, such as race and gender as available.                                      
26            (e)  The judiciary shall report quarterly to the working group authorized in                                 
27       (b)(3) of this section. The report shall include criminal case processing data, including                         
28                 (1)  the date, type, and number of all charges disposed within the                                      
29       quarter;                                                                                                          
30                 (2)  the disposition of each charge, whether convicted, dismissed,                                      
31       acquitted, or otherwise disposed; and                                                                             
01                 (3)  the date of the disposition for each charge.                                                       
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, and length of stay;                                                                 
24                 (3)  data on the population of the Department of Corrections, using a                                   
25       one-day snapshot on the first day of the first month of each quarter, broken down by                              
26       type of admission, offense type, and risk level;                                                                  
27                 (4)  data on offenders on probation supervised by the Department of                                     
28       Corrections, including the total number of offenders supervised using a one-day                                   
29       snapshot on the first month of each quarter; admissions to probation; assignments to a                            
30       program under AS 33.05.020(f); probation sentence length; time served on the                                      
31       sentence; whether probation was successfully completed, any new convictions for a                                 
01       felony offense, and any sentences to a term of imprisonment while on probation;                                   
02                 (5)  data on parole, including the number of offenders supervised on                                    
03       parole, using a one-day snapshot on the first month of each quarter; the number of                                
04       parole hearings; the parole grant rate and number of parolees released on                                         
05       administrative, discretionary, and special medical parole; and information on parolees,                           
06       including time spent on parole, whether parole was successfully completed, any new                                
07       convictions for a new felony offense, and any sentences to a term of imprisonment                                 
08       while on parole;                                                                                                  
09                 (6)  data on the implementation of policies from the 2015 justice                                       
10       reinvestment report, including the number and percentage of offenders who earn                                    
11       compliance credits under AS 33.05.020(h) in one or more months, and the total                                     
12       amount of credits earned; the average number of sanctions issued under                                            
13       AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                            
14       common violations of probation or parole; and                                                                     
15                 (7)  data on probation and parole revocations, including information on                                 
16       probationers and parolees admitted for a supervision violation pre-case and post-case                             
17       resolution; probationers and parolees admitted solely for a technical violation;                                  
18       probationers and parolees admitted for a new arrest; the number of previous                                       
19       revocations on the current sentence, if any; the length of time held pre-case resolution;                         
20       the length of time to case resolution; and the length of stay.                                                    
21    * Sec. 153. AS 44.19.647 is amended to read:                                                                       
22            Sec. 44.19.647. Annual report and recommendations. The commission shall                                    
23       submit to the governor and the legislature an annual report. The report must include                          
24                 (1)  a description of its proceedings for the previous calendar year;                           
25                 (2)  a summary of savings and recommendations on how savings                                        
26       from criminal justice reform should be reinvested to reduce recidivism;                                       
27                 (3)  performance metrics and outcomes from the recommendations                                      
28       the commission made in its December 2015 report, including recidivism rates,                                  
29       defined as                                                                                                    
30                      (A)  the percentage of inmates who return to prison within                                     
31            three years after release, broken down by offense type and risk level; and                               
01                      (B)  the percentage of inmates who return to prison within                                     
02            three years after release for a new criminal conviction, broken down by                                  
03            offense type and risk level; and                                                                         
04                 (4)  recommendations for additional reforms, which may include                                      
05       [AND MAY SUBMIT] recommendations for legislative and administrative action.                                       
06       [REPORTS AND RECOMMENDATIONS PROVIDED UNDER THIS SECTION                                                          
07       SHALL BE SUBMITTED NOT LATER THAN FEBRUARY 1 OF EACH YEAR].                                                       
08    * Sec. 154. AS 44.19.647 is amended by adding a new subsection to read:                                            
09            (b)  The commission shall submit the reports and recommendations provided                                    
10       under (a) of this section not later than November 1 of each year.                                                 
11    * Sec. 155. AS 44.66.010(a)(12) is amended to read:                                                                
12                 (12)  Alaska Criminal Justice Commission (AS 44.19.641) - June 30,                                  
13       2021 [JUNE 30, 2017];                                                                                         
14    * Sec. 156. AS 47.12.315(a) is amended to read:                                                                    
15            (a)  Notwithstanding AS 47.12.310 and except as otherwise provided in this                                   
16       section, the department shall disclose information to the public, on request, concerning                          
17       a minor subject to this chapter who was at least 13 years of age at the time of                                   
18       commission of                                                                                                     
19                 (1)  a felony offense against a person under AS 11.41;                                                  
20                 (2)  arson in the first or second degree;                                                               
21                 (3)  burglary in the first degree;                                                                      
22                 (4)  distribution of child pornography;                                                                 
23                 (5)  sex trafficking in the first degree;                                                               
24                 (6)  misconduct involving a controlled substance in the first or [,]                                
25       second [, OR THIRD] degrees involving distribution or possession with intent to                                   
26       deliver; or                                                                                                       
27                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
28    * Sec. 157. AS 47.27.015 is amended by adding a new subsection to read:                                            
29            (i)  A person convicted after August 22, 1996, of an offense that is classified as                           
30       a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has                            
31       as an element the possession, use, or distribution of a controlled substance, as defined                          
01       in AS 11.71.900, is disqualified from receiving temporary assistance under this                                   
02       chapter or food stamps under AS 47.25 unless the person demonstrates, to the                                      
03       satisfaction of the department, that the person                                                                   
04                 (1)  is satisfactorily serving, or has successfully completed, a period of                              
05       probation or parole;                                                                                              
06                 (2)  is in the process of serving, or has successfully completed,                                       
07       mandatory participation in a drug or alcohol treatment program;                                                   
08                 (3)  has taken action toward rehabilitation, including participation in a                               
09       drug or alcohol treatment program; or                                                                             
10                 (4)  is successfully complying with the requirements of the person's                                    
11       reentry plan.                                                                                                     
12    * Sec. 158. AS 47.37.040 is amended to read:                                                                       
13            Sec. 47.37.040. Duties of department. The department shall                                                 
14                 (1)  develop, encourage, and foster statewide, regional, and local plans                                
15       and programs for the prevention of alcoholism and drug abuse and treatment of                                     
16       alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with                           
17       public and private agencies, organizations, and individuals, and provide technical                                
18       assistance and consultation services for these purposes;                                                          
19                 (2)  coordinate the efforts and enlist the assistance of all public and                                 
20       private agencies, organizations, and individuals interested in prevention of alcoholism,                          
21       drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug                            
22       abusers, and inhalant abusers;                                                                                    
23                 (3)  cooperate with the Department of Corrections in establishing and                                   
24       conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                
25       abusers, and inhalant abusers in or on parole from penal institutions;                                            
26                 (4)  cooperate with the Department of Education and Early                                               
27       Development, school boards, schools, police departments, courts, and other public and                             
28       private agencies, organizations, and individuals in establishing programs for the                                 
29       prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics,                            
30       intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum                                 
31       materials for use at all levels of school education;                                                              
01                 (5)  prepare, publish, evaluate, and disseminate educational material                                   
02       dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous                             
03       volatile substances;                                                                                              
04                 (6)  develop and implement, as an integral part of treatment programs,                                  
05       an educational program for use in the treatment of alcoholics, intoxicated persons,                               
06       drug abusers, and inhalant abusers that includes the dissemination of information                                 
07       concerning the nature and effects of alcohol, drugs, and hazardous volatile substances;                           
08                 (7)  organize and foster training programs for all persons engaged in                                   
09       treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and                             
10       establish standards for training paraprofessional alcoholism, drug abuse, and inhalant                            
11       abuse workers;                                                                                                    
12                 (8)  sponsor and encourage research into the causes and nature of                                       
13       alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,                                      
14       intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse                             
15       for information relating to alcoholism, drug abuse, and inhalant abuse;                                           
16                 (9)  specify uniform methods for keeping statistical information by                                     
17       public and private agencies, organizations, and individuals, and collect and make                                 
18       available relevant statistical information, including number of persons treated,                                  
19       frequency of admission and readmission, and frequency and duration of treatment;                                  
20                 (10)  conduct program planning activities approved by the Advisory                                      
21       Board on Alcoholism and Drug Abuse;                                                                               
22                 (11)  review all state health, welfare, and treatment plans to be                                       
23       submitted for federal funding, and advise the commissioner on provisions to be                                    
24       included relating to alcoholics, intoxicated persons, drug abusers, and inhalant                                  
25       abusers;                                                                                                          
26                 (12)  assist in the development of, and cooperate with, alcohol, drug                                   
27       abuse, and inhalant abuse education and treatment programs for employees of state                                 
28       and local governments and businesses and industries in the state;                                                 
29                 (13)  use the support and assistance of interested persons in the                                       
30       community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to                              
31       encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo                                   
01       treatment;                                                                                                        
02                 (14)  cooperate with the Department of Public Safety and the                                            
03       Department of Transportation and Public Facilities in establishing and conducting                                 
04       programs designed to deal with the problem of persons operating motor vehicles while                              
05       under the influence of an alcoholic beverage, inhalant, or controlled substance, and                              
06       develop and approve alcohol information courses required to be taken by drivers under                             
07       AS 28.15 or made available to drivers to reduce points assessed for violation of traffic                          
08       laws;                                                                                                             
09                 (15)  encourage hospitals and other appropriate health facilities to                                    
10       admit without discrimination alcoholics, intoxicated persons, drug abusers, and                                   
11       inhalant abusers and to provide them with adequate and appropriate treatment;                                     
12                 (16)  encourage all health insurance programs to include alcoholism                                     
13       and drug abuse as a covered illness;                                                                              
14                 (17)  prepare an annual report covering the activities of the department                                
15       and notify the legislature that the report is available;                                                          
16                 (18)  develop and implement a training program on alcoholism and                                        
17       drug abuse for employees of state and municipal governments, and private institutions;                            
18                 (19)  develop curriculum materials on drug and alcohol abuse and the                                    
19       misuse of hazardous volatile substances for use in grades kindergarten through 12, as                             
20       well as a course of instruction for teachers to be charged with presenting the                                    
21       curriculum;                                                                                                       
22                 (20)  develop and implement or designate, in cooperation with other                                     
23       state or local agencies, a juvenile alcohol safety action program that provides alcohol                           
24       and substance abuse screening, referral, and monitoring of persons under 18 years of                              
25       age who have been referred to it by                                                                               
26                      (A)  a court in connection with a charge or conviction of a                                        
27            violation or misdemeanor related to the use of alcohol or a controlled                                       
28            substance;                                                                                                   
29                      (B)  the agency responsible for the administration of motor                                        
30            vehicle laws in connection with a license action related to the use of alcohol or                            
31            a controlled substance; or                                                                                   
01                      (C)  department staff after a delinquency adjudication that is                                     
02            related to the use of alcohol or a controlled substance;                                                     
03                 (21)  develop and implement, or designate, in cooperation with other                                    
04       state or local agencies, an alcohol safety action program that provides [ALCOHOL                                  
05       AND SUBSTANCE ABUSE SCREENING, REFERRAL, AND MONITORING]                                                          
06       services to persons who have been referred by a court [IN CONNECTION WITH A                                       
07       CHARGE OR CONVICTION OF A MISDEMEANOR INVOLVING THE USE OF                                                        
08       A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT AND ALCOHOL OR A                                                         
09       CONTROLLED SUBSTANCE, REFERRED BY A COURT] under AS 28.35.028,                                                    
10       28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility                        
11       for administering motor vehicle laws in connection with a driver's license action                                 
12       involving the use of alcohol or a controlled substance;                                                           
13                 (22)  whenever possible, apply evidence-based, research-based, and                                      
14       consensus-based substance abuse and co-occurring substance abuse and mental health                                
15       disorders treatment practices and remove barriers that prevent the use of those                                   
16       practices;                                                                                                        
17                 (23)  collaborate with first responders, hospitals, schools, primary care                               
18       providers, developmental disability treatment providers, law enforcement, corrections,                            
19       attorneys, the Alaska Court System, community behavioral treatment providers,                                     
20       Alaska Native organizations, and federally funded programs in implementing                                        
21       programs for co-occurring substance abuse and mental health disorders treatment.                                  
22    * Sec. 159. AS 47.37.130(h) is amended to read:                                                                    
23            (h)  The department shall                                                                                    
24                 (1)  inspect, on a regular basis, approved public and private alcohol                                   
25       safety action programs at reasonable times and in a reasonable manner; [AND]                                      
26                 (2)  maintain a list of approved public and private alcohol safety action                               
27       programs; and                                                                                                 
28                 (3)  develop regulations for the operation and management of                                        
29       alcohol safety action programs that ensure                                                                    
30                      (A)  screenings are conducted using a validated risk tool;                                     
31            and                                                                                                      
01                      (B)  monitoring of participants is appropriate to the risk of                                  
02            reoffense of the participant as determined by the screening.                                             
03    * Sec. 160. AS 47.37.130 is amended by adding a new subsection to read:                                            
04            (k)  The public and private alcohol safety action programs established under                                 
05       AS 47.37.040(21) shall provide                                                                                    
06                 (1)  screening of eligible persons to determine the risk of the person to                               
07       reoffend and the criminal risk factors that are contributing to the risk; and                                     
08                 (2)  monitoring of participants based on the risk to reoffend as                                        
09       determined by the screening.                                                                                      
10    * Sec. 161. AS 47.38.020 is amended to read:                                                                       
11            Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The                                    
12       commissioner, in cooperation with the commissioner of corrections, shall establish a                              
13       program using a competitive procurement process for certain persons with release                              
14       conditions ordered as provided under AS 12.30, or offenders with conditions of                                    
15       probation, that include not consuming controlled substances or alcoholic beverages.                               
16            (b)  The commissioner shall adopt regulations to implement the program. The                              
17       regulations must include regulations regarding products and services that                                     
18       provide alcohol and substance abuse monitoring.                                                               
19            (c)  The commissioner shall include in the program                                                           
20                 (1)  a requirement for twice-a-day testing, either remotely or in person                            
21       [IF PRACTICABLE], for alcoholic beverage use and random testing for controlled                                    
22       substances;                                                                                                       
23                 (2)  a means to provide the probation officer, prosecutor's office, or                                  
24       local law enforcement agency with notice within 24 hours, so that a complaint may be                              
25       filed alleging a violation of AS 11.56.757, a petition may be filed with the court                                
26       seeking appropriate sanctions and may be scheduled by the court for a prompt hearing,                             
27       or an arrest warrant may be issued for the person on release or offender with                                     
28       conditions of probation provided in this subsection, if the person or offender                                    
29                      (A)  fails to appear for an appointment or fails to complete a                                 
30            test through the use of remote alcohol or substance abuse monitoring                                     
31            technology as required by the program requirements; or                                                   
01                      (B)  tests positive for the use of controlled substances or                                        
02            alcoholic beverages; and                                                                                     
03                 (3)  a requirement that the person or offender pay, based on the person's                               
04       or offender's ability under financial guidelines established by the commissioner, for                             
05       the cost of participating in the program.                                                                         
06            (d)  The department shall contract with one or more vendors using a                                      
07       competitive procurement process in accordance with AS 36.30 to provide or                                     
08       conduct the testing required under (c) of this section.                                                         
09    * Sec. 162. AS 47.38.100(a) is amended to read:                                                                    
10            (a)  The recidivism reduction program is established to promote the                                          
11       rehabilitation [THROUGH TRANSITIONAL RE-ENTRY PROGRAMS] of persons                                                
12       on probation or parole or incarcerated for offenses and recently released from                                
13       correctional facilities.                                                                                          
14    * Sec. 163. AS 47.38.100(b) is amended to read:                                                                    
15            (b)  The commissioner, in cooperation with the Alaska Criminal Justice                                   
16       Commission established in AS 44.19.641 [COMMISSIONER OF CORRECTIONS],                                         
17       may provide for programs that have, as a primary focus, rehabilitation and reduction                              
18       of recidivism [THROUGH TRANSITIONAL RE-ENTRY] for persons on probation                                        
19       or parole or incarcerated for offenses and recently released from correctional                                
20       facilities. The commissioner may enter into contracts to provide for programs under                               
21       this section. An eligible [A] program under this section must accomplish at least one                     
22       of the following objectives:                                                                                  
23                 (1)  increasing access to evidence-based rehabilitation programs,                                   
24       including drug and alcohol treatment, mental health treatment, and cognitive                                  
25       behavioral programs; or                                                                                       
26                 (2)  supporting offenders' transition and re-entry from correctional                                
27       facilities to the community, including transitional housing services, employment                              
28       services, vocational training, educational support, counseling, and medical care                              
29       [INCLUDE CASE MANAGEMENT;                                                                                         
30                 (2)  REQUIRE SOBER LIVING;                                                                              
31                 (3)  PROVIDE, ON-SITE OR BY REFERRAL, TREATMENT FOR                                                     
01       SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT;                                                                       
02                 (4)       REQUIRE    EMPLOYMENT,    EDUCATIONAL                                                         
03       PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY VOLUNTEER                                                          
04       WORK AS APPROVED BY THE DIRECTOR OF THE TREATMENT PROGRAM;                                                        
05       AND                                                                                                               
06                 (5)  LIMIT RESIDENTIAL PLACEMENTS IN THE PROGRAM TO                                                     
07       A MAXIMUM OF ONE YEAR].                                                                                           
08    * Sec. 164. AS 47.38.100 is amended by adding a new subsection to read:                                            
09            (d)  In this section, "evidenced-based" means a program or practice that offers                              
10       a high level of research on effectiveness.                                                                        
11    * Sec. 165. Section 35, ch. 83, SLA 2014, is amended to read:                                                      
12            Sec. 35. AS 22.20.210 is repealed June 30, 2021 [JUNE 30, 2017].                                         
13    * Sec. 166. The uncodified law of the State of Alaska is amended by adding a new section                           
14 to read:                                                                                                                
15            DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal                                               
16       Procedure, is amended by adding new subsections to read:                                                          
17            (d)  Hearing Notice. The court shall provide a notice to a defendant of the                                
18       date, time, and place of a scheduled hearing at which the defendant is required to                                
19       appear in a form and manner established by the court.                                                             
20            (e)  Hearing Reminder. In addition to the notice required under (d) of this                                
21       rule, the court shall provide a reminder notification to a defendant who is not in                                
22       custody and to the Department of Corrections at least 48 hours prior to a scheduled                               
23       hearing at which the defendant is required to appear regarding the date, time, and                                
24       place of the scheduled hearing and the potential consequences of failure to appear, in a                          
25       form and manner established by the court.                                                                         
26    * Sec. 167. AS 11.46.140(a)(3), 11.46.220(c)(2)(B); AS 11.71.020, 11.71.040(a)(3)(A)(ii),                        
27 11.71.040(a)(3)(B), 11.71.040(a)(3)(C), 11.71.040(a)(3)(D), 11.71.040(a)(3)(E),                                         
28 11.71.040(a)(3)(F), 11.71.040(a)(3)(G), 11.71.050(a)(2); AS 12.30.016(d);                                               
29 AS 12.55.125(c)(2)(B), 12.55.125(d)(2)(B), 12.55.125(o), 12.55.135(j); and AS 33.16.100(e)                              
30 are repealed.                                                                                                           
31    * Sec. 168. The uncodified law of the State of Alaska is amended by adding a new section                           
01 to read:                                                                                                                
02       INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.011, as repealed and                                                  
03 reenacted by sec. 53 of this Act, has the effect of changing Rule 41, Alaska Rules of Criminal                          
04 Procedure, by changing and establishing release conditions for certain defendants, providing                            
05 for recommendations by pretrial services officers of release conditions based on a pretrial risk                        
06 assessment score, providing that a court shall order the release of a person under certain                              
07 circumstances, and providing new procedures for use of appearance, surety, and performance                              
08 bonds.                                                                                                                  
09       (b)  AS 12.55.055(h), enacted by sec. 69 of this Act, has the effect of changing Rule                             
10 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the                            
11 judgment that community work hours that are not completed shall be converted to a fine as                               
12 provided in AS 12.55.055(h), enacted by sec. 69 of this Act.                                                            
13       (c)  AS 12.55.078, enacted by sec. 70 of this Act, has the effect of changing Rule 43,                            
14 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court                               
15 may dismiss charges.                                                                                                    
16       (d)  AS 12.55.135(p), enacted by sec. 86 of this Act, has the effect of changing Rule                             
17 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of                                       
18 aggravating factors.                                                                                                    
19       (e)  AS 33.07, enacted by sec. 105 of this Act, has the effect of changing Rule 41,                               
20 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures                           
21 and duties for pretrial services officers as officers of the superior and district courts, for the                      
22 purposes of performing risk assessments and making pretrial recommendations to the court                                
23 regarding a person's pretrial release and bail conditions.                                                              
24    * Sec. 169. The uncodified law of the State of Alaska is amended by adding a new section                           
25 to read:                                                                                                                
26       COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT. The Council                                                      
27 on Domestic Violence and Sexual Assault established in AS 18.66.010 shall create or expand                              
28 community-based violence prevention programming and services for victims of a crime                                     
29 involving domestic violence or sexual assault in the fiscal year ending June 30, 2017. In this                          
30 section "domestic violence" and "sexual assault" have the meanings given to those terms in                              
31 AS 18.66.990.                                                                                                           
01    * Sec. 170. The uncodified law of the State of Alaska is amended by adding a new section                           
02 to read:                                                                                                                
03       REPORT ON OFFENSES OF DRIVING WHILE INTOXICATED, REFUSAL OF A                                                     
04 CHEMICAL TEST, AND DRIVING WITHOUT A VALID DRIVER'S LICENSE. The                                                        
05 Alaska Criminal Justice Commission, established in AS 44.19.641, shall prepare a report                                 
06 regarding the effectiveness of the penalties, fines, and reformative and rehabilitative measures                        
07 under state law for the offenses of driving while intoxicated, refusal to submit to a chemical                          
08 test, and driving without a valid driver's license. The commission shall include in the report an                       
09 opinion on whether the penalties, fines, and reformative and rehabilitative measures under                              
10 state law for the offenses of driving while under the influence, refusal to submit to a chemical                        
11 test, and driving without a valid driver's license reduce recidivism, promote rehabilitation and                        
12 protect the public. The commission shall propose statutory changes for those offenses to                                
13 reduce recidivism, promote rehabilitation, and protect the public. The commission shall                                 
14 deliver the report not later than December 1, 2016, to the senate secretary and the chief clerk                         
15 of the house of representatives and notify the legislature that the report is available.                                
16    * Sec. 171. The uncodified law of the State of Alaska is amended by adding a new section                           
17 to read:                                                                                                                
18       REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING                                                        
19 RESTITUTION. The Alaska Criminal Justice Commission established in AS 44.19.641 shall                                   
20 prepare a report regarding the implementation of a financial recovery and victim's restitution                          
21 program and shall make recommendations for statutory changes to improve the payment and                                 
22 collection of victim's restitution. The report must include recommendations regarding                                   
23 restitution for crimes against a person and for property crimes against businesses and                                  
24 members of the public. The commission shall deliver the report not later than December 1,                               
25 2016, to the senate secretary and the chief clerk of the house of representatives and notify the                        
26 legislature that the report is available.                                                                               
27    * Sec. 172. The uncodified law of the State of Alaska is amended by adding a new section                           
28 to read:                                                                                                                
29       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
30 the effective date of those sections:                                                                                   
31            (1)  AS 11.46.130(a), as amended by sec. 5 of this Act;                                                      
01            (2)  AS 11.46.140(a), as amended by sec. 6 of this Act;                                                      
02            (3)  AS 11.46.220(c), as amended by sec. 7 of this Act;                                                      
03            (4)  AS 11.46.260(b), as amended by sec. 8 of this Act;                                                      
04            (5)  AS 11.46.270(b), as amended by sec. 9 of this Act;                                                      
05            (6)  AS 11.46.280(d), as amended by sec. 10 of this Act;                                                     
06            (7)  AS 11.46.285(b), as amended by sec. 11 of this Act;                                                     
07            (8)  AS 11.46.295, as amended by sec. 12 of this Act;                                                        
08            (9)  AS 11.46.360(a), as amended by sec. 13 of this Act;                                                     
09            (10)  AS 11.46.460, as amended by sec. 14 of this Act;                                                       
10            (11)  AS 11.46.482(a), as amended by sec. 15 of this Act;                                                    
11            (12)  AS 11.46.484(a), as amended by sec. 16 of this Act;                                                    
12            (13)  AS 11.46.530(b), as amended by sec. 17 of this Act;                                                    
13            (14)  AS 11.46.620(d), as amended by sec. 18 of this Act;                                                    
14            (15)  AS 11.46.730(c), as amended by sec. 19 of this Act;                                                    
15            (16)  AS 11.56.730(c), as amended by sec. 21 of this Act;                                                    
16            (17)  AS 11.56.730(d), enacted by sec. 22 of this Act;                                                       
17            (18)  AS 11.56.757(b), as amended by sec. 24 of this Act;                                                    
18            (19)  AS 11.61.110(c), as amended by sec. 26 of this Act;                                                    
19            (20)  AS 11.61.145(d), as amended by sec. 27 of this Act;                                                    
20            (21)  AS 11.61.150(c), as amended by sec. 29 of this Act;                                                    
21            (22)  AS 11.66.200(c), as amended by sec. 35 of this Act;                                                    
22            (23)  AS 11.71.030(a), as amended by sec. 36 of this Act;                                                    
23            (24)  AS 11.71.040(a), as amended by sec. 39 of this Act;                                                    
24            (25)  AS 11.71.050, as amended by sec. 41 of this Act;                                                       
25            (26)  AS 11.71.311(a), as amended by sec. 43 of this Act;                                                    
26            (27)  AS 12.55.125(a), as amended by sec. 79 of this Act;                                                    
27            (28)  AS 12.55.125(b), as amended by sec. 80 of this Act;                                                    
28            (29)  AS 28.15.291(a), as repealed and reenacted by sec. 92 of this Act;                                     
29            (30)  AS 28.15.291(b), as repealed and reenacted by sec. 93 of this Act;                                     
30            (31)  AS 29.10.200(21), as amended by sec. 99 of this Act;                                                   
31            (32)  AS 29.25.070(a), as amended by sec. 100 of this Act; and                                               
01            (33)  AS 43.23.065(b), as amended by sec. 149 of this Act.                                                   
02       (b)  The following sections apply to offenses committed before, on, or after the                                  
03 effective date of those sections:                                                                                       
04            (1)  AS 11.66.110(a), as amended by sec. 31 of this Act;                                                     
05            (2)  AS 11.66.130(a), as amended by sec. 32 of this Act;                                                     
06            (3)  AS 11.66.130(c), as amended by sec. 33 of this Act; and                                                 
07            (4)  AS 11.66.135(c), as amended by sec. 34 of this Act.                                                     
08       (c)  The following sections apply to sentences imposed on or after the effective date of                          
09 those sections for conduct occurring before, on, or after the effective date of those sections:                         
10            (1)  AS 12.55.027(a), as amended by sec. 62 of this Act;                                                     
11            (2)  AS 12.55.027(b), as amended by sec. 63 of this Act;                                                     
12            (3)  AS 12.55.027(c), as repealed and reenacted by sec. 64 of this Act; and                                  
13            (4)  AS 12.55.027(f) and (g), enacted by sec. 65 of this Act.                                                
14       (d)  The following sections apply to sentences imposed on or after the effective date of                          
15 those sections for conduct occurring before, on, or after the effective date of those sections:                         
16            (1)  AS 12.55.025(a), as amended by sec. 60 of this Act;                                                     
17            (2)  AS 12.55.025(c), as amended by sec. 61 of this Act;                                                     
18            (3)  AS 12.55.115, as amended by sec. 78 of this Act;                                                        
19            (4)  AS 28.35.030(k), as amended by sec. 95 of this Act;                                                     
20            (5)  AS 28.35.032(o), as amended by sec. 98 of this Act;                                                     
21            (6)  AS 33.16.010(f), enacted by sec. 108 of this Act;                                                       
22            (7)  AS 33.16.060(a), as amended by sec. 109 of this Act;                                                    
23            (8)  AS 33.16.089, enacted by sec. 110 of this Act;                                                          
24            (9)  AS 33.16.090(b), as amended by sec. 112 of this Act;                                                    
25            (10)  AS 33.16.130, as repealed and reenacted by sec. 121 of this Act; and                                   
26            (11)  AS 33.20.010(a), as amended by sec. 141 of this Act.                                                   
27       (e)  AS 12.30.055(b), enacted by sec. 58 of this Act, applies to persons in custody for a                         
28 probation violation on or after the effective date of sec. 58 of this Act for a probation violation                     
29 that occurred before, on, or after the effective date of sec. 58 this Act.                                              
30       (f)  The following sections apply to community work service imposed on or after the                               
31 effective date of those sections for offenses committed on or after the effective date of those                         
01 sections:                                                                                                               
02            (1)  AS 12.55.055(a), as amended by sec. 67 of this Act;                                                     
03            (2)  AS 12.55.055(c), as amended by sec. 68 of this Act; and                                                 
04            (3)  AS 12.55.055(g) and (h), enacted by sec. 69 of this Act.                                                
05       (g)  AS 12.55.051(a), as amended by sec. 66 of this Act, applies to probation ordered                             
06 before, on, or after the effective date of sec. 66 of this Act, for offenses committed before, on,                      
07 or after the effective date of sec. 66 of this Act.                                                                     
08       (h)  AS 12.55.078, enacted by sec. 70 of this Act, applies to prosecutions occurring on                           
09 or after the effective date of sec. 70 this Act for offenses committed before, on, or after the                         
10 effective date of sec. 70 of this Act.                                                                                  
11       (i)  AS 12.55.090(c), as amended by sec. 72 of this Act, applies to probation ordered                             
12 on or after the effective date of sec. 72 of this Act, for offenses committed before, on, or after                      
13 the effective date of sec. 72 of this Act.                                                                              
14       (j)  AS 12.55.100(a), as amended by sec. 75 of this Act, applies to probation ordered                             
15 on or after the effective date of sec. 75 of this Act, for offenses committed before, on, or after                      
16 the effective date of sec. 75 of this Act.                                                                              
17       (k)  The following sections apply to probation ordered before, on, or after the effective                         
18 date of those sections for offenses committed before, on, or after the effective date of those                          
19 sections:                                                                                                               
20            (1)  AS 12.55.090(b), as amended by sec. 71 of this Act;                                                     
21            (2)  AS 12.55.090(f), as amended by sec. 73 of this Act;                                                     
22            (3)  AS 12.55.090(g) - (n), enacted by sec. 74 of this Act;                                                  
23            (4)  AS 12.55.110(c) - (h), enacted by sec. 77 of this Act; and                                              
24            (5)  AS 33.05.040, as amended by sec. 103 of this Act.                                                       
25       (l)  The following sections apply to a revocation of a driver's license, privilege to                             
26 drive, or privilege to obtain a license occurring before, on, or after the effective date of those                      
27 sections for conduct occurring before, on, or after the effective date of those sections:                               
28            (1)  AS 28.15.165(e), enacted by sec. 90 of this Act;                                                        
29            (2)  AS 28.15.201(g) - (j), enacted by sec. 91 of this Act; and                                              
30            (3)  AS 28.35.030(o), as amended by sec. 97 of this Act.                                                     
31       (m)  The following sections apply to parole granted on or after the effective date of                             
01 those sections for conduct occurring before, on, or after the effective date of those sections:                         
02            (1)  AS 33.16.010(c), as amended by sec. 106 of this Act;                                                    
03            (2)  AS 33.16.010(d), as amended by sec. 107 of this Act;                                                    
04            (3)  AS 33.16.090(a), as amended by sec. 111 of this Act;                                                    
05            (4)  AS 33.16.100(a), as amended by sec. 113 of this Act;                                                    
06            (5)  AS 33.16.100(b), as amended by sec. 114 of this Act;                                                    
07            (6)  AS 33.16.100(f), enacted by sec. 115 of this Act;                                                       
08            (7)  AS 33.16.140, as amended by sec. 122 of this Act;                                                       
09            (8)  AS 33.16.150(a), as amended by sec. 123 of this Act;                                                    
10            (9)  AS 33.16.150(b), as amended by sec. 124 of this Act;                                                    
11            (10)  AS 33.16.150(e), as amended by sec. 125 of this Act;                                                   
12            (11)  AS 33.16.150(f), as amended by sec. 126 of this Act;                                                   
13            (12)  AS 33.16.150(g), as amended by sec. 127 of this Act;                                                   
14            (13)  AS 33.16.150(h), enacted by sec. 128 of this Act; and                                                  
15            (14)  AS 33.16.200, as amended by sec. 130 of this Act.                                                      
16       (n)  AS 11.56.730(e), enacted by sec. 22 of this Act, and sec. 166 of this Act apply to                           
17 offenses committed on or after the effective date of secs. 22 and 166 of this Act.                                      
18       (o)  The following sections apply to offenses committed on or after the effective date                            
19 of those sections:                                                                                                      
20            (1)  AS 12.30.006(b), as amended by sec. 49 of this Act;                                                     
21            (2)  AS 12.30.006(c), as amended by sec. 50 of this Act;                                                     
22            (3)  AS 12.30.006(d), as amended by sec. 51 of this Act;                                                     
23            (4)  AS 12.30.006(f), as amended by sec. 52 of this Act;                                                     
24            (5)  AS 12.30.011, as repealed and reenacted by sec. 53 of this Act;                                         
25            (6)  AS 12.30.016(b), as amended by sec. 54 of this Act;                                                     
26            (7)  AS 12.30.016(c), as amended by sec. 55 of this Act;                                                     
27            (8)  AS 12.30.021(a), as amended by sec. 56 of this Act;                                                     
28            (9)  AS 12.30.021(c), as amended by sec. 57 of this Act; and                                                 
29            (10)  AS 33.07, enacted by sec. 105 of this Act.                                                             
30       (p)  The following sections apply to parole granted before, on, or after the effective                            
31 date of those sections:                                                                                                 
01            (1)  AS 33.16.180, as amended by sec. 129 of this Act;                                                       
02            (2)  AS 33.16.210, as amended by sec. 131 of this Act;                                                       
03            (3)  AS 33.16.210(c), enacted by sec. 132 of this Act;                                                       
04            (4)  AS 33.16.215, enacted by sec. 133 of this Act;                                                          
05            (5)  AS 33.16.220(b), as amended by sec. 134 of this Act;                                                    
06            (6)  AS 33.16.220(f), as amended by sec. 135 of this Act;                                                    
07            (7)  AS 33.16.220(i), as amended by sec. 136 of this Act;                                                    
08            (8)  AS 33.16.220(j), enacted by sec. 137 of this Act;                                                       
09            (9)  AS 33.16.240(h) and (i), enacted by sec. 138 of this Act; and                                           
10            (10)  AS 33.16.270, enacted by sec. 139 of this Act.                                                         
11       (q)  AS 33.05.020(h), enacted by sec. 102 of this Act, applies to sentences imposed                               
12 before, on, or after the effective date of sec. 102 of this Act, for conduct occurring before, on,                      
13 or after the effective date of sec. 102 of this Act, for time served on probation on or after the                       
14 effective date of sec. 102 of this Act.                                                                                 
15       (r)  AS 33.20.010(c), as repealed and reenacted by sec. 142 of this Act, applies to                               
16 sentences imposed before, on, or after the effective date of sec. 142 of this Act, for offenses                         
17 committed before, on, or after the effective date of sec. 142 of this Act, for time served on                           
18 electronic monitoring on or after the effective date of sec. 142 of this Act.                                           
19       (s)  The following sections apply to offenses committed before, on, or after the                                  
20 effective date of those sections for contacts with peace officers occurring on or after the                             
21 effective date of those sections:                                                                                       
22            (1)  AS 12.25.180, as amended by sec. 45 of this Act; and                                                    
23            (2)  AS 12.25.190(b), as amended by sec. 47 of this Act.                                                     
24       (t)  AS 12.25.150(a), as amended by sec. 44 of this Act, applies to offenses committed                            
25 before, on, or after the effective date of sec. 44 of this Act for contacts with peace officers                         
26 occurring on or after the effective date of sec. 44 of this Act.                                                        
27       (u)  The following sections apply to sentences imposed on or after the effective date of                          
28 those sections for conduct occurring before, on, or after the effective date of those sections:                         
29            (1)  AS 12.55.125(c), as amended by sec. 81 of this Act;                                                     
30            (2)  AS 12.55.125(d), as amended by sec. 82 of this Act;                                                     
31            (3)  AS 12.55.125(e)(1) - (3), as amended by sec. 83 of this Act;                                            
01            (4)  AS 12.55.135(a), as amended by sec. 84 of this Act;                                                     
02            (5)  AS 12.55.135(b), as amended by sec. 85 of this Act;                                                     
03            (6)  AS 12.55.135(l) - (p), enacted by sec. 86 of this Act; and                                              
04            (7)  AS 29.25.070(g), enacted by sec. 101 of this Act.                                                       
05       (v)  The amendment to AS 12.55.125(e) in sec. 83 of this Act adding                                               
06 AS 12.55.125(e)(4)(B) - (D), providing presumptive ranges for violation of AS 28.35.030(n)                              
07 and 28.35.032(p), applies to offenses committed on or after the effective date of sec. 83 of this                       
08 Act, except that references to previous convictions in AS 28.35.030(n) and 28.35.032(p) apply                           
09 to convictions occurring before, on, or after the effective date of sec. 83 of this Act.                                
10    * Sec. 173. The uncodified law of the State of Alaska is amended by adding a new section                           
11 to read:                                                                                                                
12       SEVERABILITY. If this Act is held invalid by a court of competent jurisdiction under                              
13 the requirement of art. II, sec. 13, Constitution of the State of Alaska, that every bill be                            
14 confined to one subject, the provisions of sec. 2 of this Act shall be severed so that the                              
15 remainder of this Act is not affected.                                                                                
16    * Sec. 174. The uncodified law of the State of Alaska is amended by adding a new section                           
17 to read:                                                                                                                
18       CONDITIONAL EFFECT. (a) AS 11.56.730(e), enacted by sec. 22 of this Act, takes                                    
19 effect only if sec. 166 of this Act receives the two-thirds majority vote of each house required                        
20 by art. IV, sec. 15, Constitution of the State of Alaska.                                                               
21       (b)  AS 12.30.011, as repealed and reenacted by sec. 53 of this Act, takes effect only if                         
22 sec. 168(a) of this Act receives the two-thirds majority vote of each house required by art. IV,                        
23 sec. 15, Constitution of the State of Alaska.                                                                           
24       (c)  AS 12.55.055(h), enacted by sec. 69 of this Act, takes effect only if sec. 168(b) of                         
25 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
26 Constitution of the State of Alaska.                                                                                    
27       (d)  AS 12.55.078, enacted by sec. 70 of this Act, takes effect only if sec. 168(c) of                            
28 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
29 Constitution of the State of Alaska.                                                                                    
30       (e)  AS 12.55.135(p), enacted by sec. 86 of this Act, takes effect only if sec. 168(d) of                         
31 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
01 Constitution of the State of Alaska.                                                                                    
02       (f)  AS 33.07, added by sec. 105 of this Act, takes effect only if sec. 168(e) of this Act                        
03 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                          
04 of the State of Alaska.                                                                                                 
05    * Sec. 175. Sections 3 - 21, 23 - 43, 67 - 70, 72, 79 - 87, 90 - 94, 97, 99 - 101, 142, 148 -                      
06 158, 167, 168(b), 168(c), and 168(d) of this Act, and AS 11.56.730(d), enacted by sec. 22 of                            
07 this Act, take effect July 1, 2016.                                                                                     
08    * Sec. 176. Section 89 of this Act takes effect October 1, 2016.                                                   
09    * Sec. 177. Sections 45 - 48, 58, 60, 61, 66, 71, 73 - 78, 95, 96, 98, 102 - 104, 106 - 141,                       
10 143 - 146, and 159 - 161 of this Act take effect January 1, 2017.                                                       
11    * Sec. 178. Section 147 of this Act takes effect July 1, 2017.                                                     
12    * Sec. 179. Sections 44, 49 - 57, 88, 105, 168(a), and 168(e) of this Act take effect                              
13 January 1, 2018.                                                                                                        
14    * Sec. 180. If AS 11.56.730(e), enacted by sec. 22 of this Act, and sec. 166 of this Act take                      
15 effect, they take effect January 1, 2019.