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.