Enrolled SB 91: Relating to civil in rem forfeiture actions; relating to criminal law and procedure; relating to controlled substances; relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; 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 identification cards and driver's licenses for parolees; 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.
00Enrolled SB 91 01 Relating to civil in rem forfeiture actions; relating to criminal law and procedure; relating to 02 controlled substances; relating to victims of criminal offenses; relating to probation; relating 03 to sentencing; relating to treatment program credit for time spent toward service of a sentence 04 of imprisonment; relating to the Violent Crimes Compensation Board; establishing a pretrial 05 services program with pretrial services officers in the Department of Corrections; relating to 06 permanent fund dividends; relating to electronic monitoring; relating to penalties for 07 violations of municipal ordinances; relating to parole; relating to correctional restitution 08 centers; relating to community work service; relating to revocation, termination, suspension, 09 cancellation, or restoration of a driver's license; relating to identification cards and driver's 10 licenses for parolees; relating to the disqualification of persons convicted of certain felony 11 drug offenses from participation in the food stamp and temporary assistance programs;
01 relating to the duties of the commissioner of corrections; amending Rules 32, 32.1, 38, and 02 43, Alaska Rules of Criminal Procedure; and providing for an effective date. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. (a) It is the intent of the legislature that, if the taxes 07 collected under AS 43.61.010 are lower than projected for fiscal year 2017, the legislature 08 appropriate funds from the alcohol and other drug abuse treatment and prevention fund 09 established in AS 43.60.050 to cover the shortfall. 10 (b) It is the intent of the legislature that reinvestment of excess funds be made into 11 providing additional law enforcement resources in communities throughout the state. 12 * Sec. 2. AS 04.16.160(a) is amended to read: 13 (a) Except as otherwise provided by law, a person who is 21 years of age or 14 older may not purchase alcoholic beverages if the person has been ordered to refrain 15 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 16 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 17 municipal ordinance, [OR] as a condition of probation or parole from a conviction 18 under AS 28.35.030, 28.35.032, or a similar municipal ordinance, or as a condition of 19 probation or parole for any other crime. The restriction on purchasing alcoholic 20 beverages applies during the period that the person is required to refrain from 21 consuming alcoholic beverages under the sentence or condition of probation or parole. 22 * Sec. 3. AS 09.55 is amended by adding a new section to read: 23 Article 10. Civil in rem Forfeiture. 24 Sec. 09.55.700. In rem civil forfeiture actions. Common law civil in rem 25 forfeiture actions are abolished if used instead of a criminal proceeding. 26 * Sec. 4. AS 11.41.110(a) is amended to read: 27 (a) A person commits the crime of murder in the second degree if 28 (1) with intent to cause serious physical injury to another person or 29 knowing that the conduct is substantially certain to cause death or serious physical 30 injury to another person, the person causes the death of any person;
01 (2) the person knowingly engages in conduct that results in the death 02 of another person under circumstances manifesting an extreme indifference to the 03 value of human life; 04 (3) under circumstances not amounting to murder in the first degree 05 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 06 person commits or attempts to commit arson in the first degree, kidnapping, sexual 07 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 08 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 09 degree, escape in the first or second degree, robbery in any degree, or misconduct 10 involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - 11 (8) [11.71.020(a), 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2) and, in the course 12 of or in furtherance of that crime or in immediate flight from that crime, any person 13 causes the death of a person other than one of the participants; 14 (4) acting with a criminal street gang, the person commits or attempts 15 to commit a crime that is a felony and, in the course of or in furtherance of that crime 16 or in immediate flight from that crime, any person causes the death of a person other 17 than one of the participants; or 18 (5) the person with criminal negligence causes the death of a child 19 under the age of 16, and the person has been previously convicted of a crime involving 20 a child under the age of 16 that was 21 (A) a felony violation of AS 11.41; 22 (B) in violation of a law or ordinance in another jurisdiction 23 with elements similar to a felony under AS 11.41; or 24 (C) an attempt, a solicitation, or a conspiracy to commit a 25 crime listed in (A) or (B) of this paragraph. 26 * Sec. 5. AS 11.41.150(a) is amended to read: 27 (a) A person commits the crime of murder of an unborn child if the person 28 (1) with intent to cause the death of an unborn child or of another 29 person, causes the death of an unborn child; 30 (2) with intent to cause serious physical injury to an unborn child or to 31 another person or knowing that the conduct is substantially certain to cause death or
01 serious physical injury to an unborn child or to another person, causes the death of an 02 unborn child; 03 (3) while acting alone or with one or more persons, commits or 04 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 05 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 06 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 07 first or second degree, robbery in any degree, or misconduct involving a controlled 08 substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 09 11.71.030(a)(1) OR (2)], or 11.71.040(a)(1) or (2), and, in the course of or in 10 furtherance of that crime or in immediate flight from that crime, any person causes the 11 death of an unborn child; 12 (4) knowingly engages in conduct that results in the death of an unborn 13 child under circumstances manifesting an extreme indifference to the value of human 14 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 15 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 16 does not constitute conduct manifesting an extreme indifference to the value of human 17 life. 18 * Sec. 6. AS 11.46.130(a) is amended to read: 19 (a) A person commits the crime of theft in the second degree if the person 20 commits theft as defined in AS 11.46.100 and 21 (1) the value of the property or services, adjusted for inflation as 22 provided in AS 11.46.982, is $1,000 [$750] or more but less than $25,000; 23 (2) the property is a firearm or explosive; 24 (3) the property is taken from the person of another; 25 (4) the property is taken from a vessel and is vessel safety or survival 26 equipment; 27 (5) the property is taken from an aircraft and the property is aircraft 28 safety or survival equipment; 29 (6) the value of the property, adjusted for inflation as provided in 30 AS 11.46.982, is $250 or more but less than $1,000 [$750] and, within the preceding 31 five years, the person has been convicted and sentenced on two or more separate
01 occasions in this or another jurisdiction of 02 (A) an offense under AS 11.46.120, or an offense under 03 another law or ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) an offense under AS 11.46.140(a)(1), or an offense under 07 another law or ordinance with similar elements; or 08 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 09 offense under another law or ordinance with similar elements; or 10 (7) the property is an access device. 11 * Sec. 7. AS 11.46.140(a) is amended to read: 12 (a) A person commits the crime of theft in the third degree if the person 13 commits theft as defined in AS 11.46.100 and 14 (1) the value of the property or services, adjusted for inflation as 15 provided in AS 11.46.982, is $250 or more but less than $1,000 [$750]; or 16 (2) [REPEALED] 17 (3) the value of the property is less than $250 and, within the past five 18 years, the person has been convicted and sentenced on two or more separate occasions 19 in this or another jurisdiction of theft or concealment of merchandise, or an offense 20 under another law or ordinance with similar elements. 21 * Sec. 8. AS 11.46.150(a) is amended to read: 22 (a) A person commits the crime of theft in the fourth degree if the person 23 commits theft as defined in AS 11.46.100 and the value of the property or services, 24 adjusted for inflation as provided in AS 11.46.982, is less than $250. 25 * Sec. 9. AS 11.46.220(c) is amended to read: 26 (c) Concealment of merchandise is 27 (1) a class C felony if 28 (A) the merchandise is a firearm; 29 (B) the value of the merchandise, adjusted for inflation as 30 provided in AS 11.46.982, is $1,000 [$750] or more; or 31 (C) the value of the merchandise, adjusted for inflation as
01 provided in AS 11.46.982, is $250 or more but less than $1,000 [$750] and, 02 within the preceding five years, the person has been convicted and sentenced 03 on two or more separate occasions in this or another jurisdiction of 04 (i) the offense of concealment of merchandise under 05 this paragraph or (2)(A) of this subsection, or an offense under another 06 law or ordinance with similar elements; or 07 (ii) an offense under AS 11.46.120, 11.46.130, or 08 11.46.140(a)(1), or an offense under another law or ordinance with 09 similar elements; 10 (2) a class A misdemeanor if 11 (A) the value of the merchandise, adjusted for inflation as 12 provided in AS 11.46.982, is $250 or more but less than $1,000 [$750]; or 13 (B) the value of the merchandise is less than $250 and, within 14 the preceding five years, the person has been convicted and sentenced on two 15 or more separate occasions of the offense of concealment of merchandise or 16 theft in any degree, or an offense under another law or ordinance with similar 17 elements; 18 (3) a class B misdemeanor if the value of the merchandise, adjusted 19 for inflation as provided in AS 11.46.982, is less than $250. 20 * Sec. 10. AS 11.46.260(b) is amended to read: 21 (b) Removal of identification marks is 22 (1) a class C felony if the value of the property on which the serial 23 number or identification mark appeared, adjusted for inflation as provided in 24 AS 11.46.982, is $1,000 [$750] or more; 25 (2) a class A misdemeanor if the value of the property on which the 26 serial number or identification mark appeared, adjusted for inflation as provided in 27 AS 11.46.982, is $250 or more but less than $1,000 [$750]; 28 (3) a class B misdemeanor if the value of the property on which the 29 serial number or identification mark appeared, adjusted for inflation as provided in 30 AS 11.46.982, is less than $250. 31 * Sec. 11. AS 11.46.270(b) is amended to read:
01 (b) Unlawful possession is 02 (1) a class C felony if the value of the property on which the serial 03 number or identification mark appeared, adjusted for inflation as provided in 04 AS 11.46.982, is $1,000 [$750] or more; 05 (2) a class A misdemeanor if the value of the property on which the 06 serial number or identification mark appeared, adjusted for inflation as provided in 07 AS 11.46.982, is $250 or more but less than $1,000 [$750]; 08 (3) a class B misdemeanor if the value of the property on which the 09 serial number or identification mark appeared, adjusted for inflation as provided in 10 AS 11.46.982, is less than $250. 11 * Sec. 12. AS 11.46.280(d) is amended to read: 12 (d) Issuing a bad check is 13 (1) a class B felony if the face amount of the check, adjusted for 14 inflation as provided in AS 11.46.982, is $25,000 or more; 15 (2) a class C felony if the face amount of the check, adjusted for 16 inflation as provided in AS 11.46.982, is $1,000 [$750] or more but less than 17 $25,000; 18 (3) a class A misdemeanor if the face amount of the check, adjusted 19 for inflation as provided in AS 11.46.982, is $250 or more but less than $1,000 20 [$750]; 21 (4) a class B misdemeanor if the face amount of the check, adjusted 22 for inflation as provided in AS 11.46.982, is less than $250. 23 * Sec. 13. AS 11.46.285(b) is amended to read: 24 (b) Fraudulent use of an access device is 25 (1) a class B felony if the value of the property or services obtained, 26 adjusted for inflation as provided in AS 11.46.982, is $25,000 or more; 27 (2) a class C felony if the value of the property or services obtained, 28 adjusted for inflation as provided in AS 11.46.982, is $1,000 [$750] or more but 29 less than $25,000; 30 (3) a class A misdemeanor if the value of the property or services 31 obtained, adjusted for inflation as provided in AS 11.46.982, is less than $1,000
01 [$750]. 02 * Sec. 14. AS 11.46.295 is amended to read: 03 Sec. 11.46.295. Prior convictions. For purposes of considering prior 04 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) [OR 05 11.46.140(a)(3),] or in prosecuting the crime of concealment of merchandise under 06 AS 11.46.220(c), 07 (1) a conviction for an offense under another law or ordinance with 08 similar elements is a conviction of an offense having elements similar to those of an 09 offense defined as such under Alaska law at the time the offense was committed; 10 (2) a conviction for an offense under Alaska law where the value of the 11 property or services for the offense was lower than the value of property or services 12 for the offense under current Alaska law is a prior conviction for that offense; and 13 (3) the court shall consider the date of a prior conviction as occurring 14 on the date that sentence is imposed for the prior offense. 15 * Sec. 15. AS 11.46.360(a) is amended to read: 16 (a) A person commits the crime of vehicle theft in the first degree if, having 17 no right to do so or any reasonable ground to believe the person has such a right, the 18 person drives, tows away, or takes 19 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 20 of another; 21 (2) the propelled vehicle of another and 22 (A) the vehicle or any other property of another is damaged in a 23 total amount, adjusted for inflation as provided in AS 11.46.982, of $1,000 24 [$750] or more; 25 (B) the owner incurs reasonable expenses as a result of the loss 26 of use of the vehicle, in a total amount, adjusted for inflation as provided in 27 AS 11.46.982, of $1,000 [$750] or more; or 28 (C) the owner is deprived of the use of the vehicle for seven 29 days or more; 30 (3) the propelled vehicle of another and the vehicle is marked as a 31 police or emergency vehicle; or
01 (4) the propelled vehicle of another and, within the preceding seven 02 years, the person was convicted under 03 (A) this section or AS 11.46.365; 04 (B) former AS 11.46.482(a)(4) or (5); 05 (C) former AS 11.46.484(a)(2); 06 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 07 of a propelled vehicle; or 08 (E) a law or ordinance of this or another jurisdiction with 09 elements substantially similar to those of an offense described in (A) - (D) of 10 this paragraph. 11 * Sec. 16. AS 11.46.420(a) is amended to read: 12 (a) A person commits the crime of arson in the third degree if the person 13 intentionally damages a motor vehicle 14 (1) by starting a fire or causing an explosion while that vehicle is 15 located on public [STATE OR MUNICIPAL] land; or 16 (2) that is the property of another person by starting a fire or 17 causing an explosion while that vehicle is located on private property. 18 * Sec. 17. AS 11.46.460 is amended to read: 19 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 20 the offense [CRIME] of disregard of a highway obstruction if, without the right to do 21 so or a reasonable ground to believe the person has the right, the person 22 (1) drives a vehicle through, over, or around an obstruction erected on 23 [UPON] a highway under authority of AS 19.10.100; or 24 (2) opens an obstruction erected on [UPON] a highway under authority 25 of AS 19.10.100. 26 (b) Violation of this section is a violation punishable by a fine of not more 27 than $1,000 [CLASS B MISDEMEANOR]. 28 * Sec. 18. AS 11.46.482(a) is amended to read: 29 (a) A person commits the crime of criminal mischief in the third degree if, 30 having no right to do so or any reasonable ground to believe the person has such a 31 right,
01 (1) with intent to damage property of another, the person damages 02 property of another in an amount, adjusted for inflation as provided in 03 AS 11.46.982, of $1,000 [$750] or more; 04 (2) the person recklessly creates a risk of damage in an amount 05 exceeding $100,000 to property of another by the use of widely dangerous means; or 06 (3) the person knowingly 07 (A) defaces, damages, or desecrates a cemetery or the contents 08 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 09 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 10 memorial appears to be abandoned, lost, or neglected; 11 (B) removes human remains or associated burial artifacts from 12 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 13 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 14 * Sec. 19. AS 11.46.484(a) is amended to read: 15 (a) A person commits the crime of criminal mischief in the fourth degree if, 16 having no right to do so or any reasonable ground to believe the person has such a 17 right, 18 (1) with intent to damage property of another, the person damages 19 property of another in an amount, adjusted for inflation as provided in 20 AS 11.46.982, of $250 or more but less than $1,000 [$750]; 21 (2) the person tampers with a fire protection device in a building that is 22 a public place; 23 (3) the person knowingly accesses a computer, computer system, 24 computer program, computer network, or part of a computer system or network; 25 (4) the person uses a device to descramble an electronic signal that has 26 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 27 device is used only to descramble signals received directly from a satellite or unless 28 the person owned the device before September 18, 1984; or 29 (5) the person knowingly removes, relocates, defaces, alters, obscures, 30 shoots at, destroys, or otherwise tampers with an official traffic control device or 31 damages the work on [UPON] a highway under construction.
01 * Sec. 20. AS 11.46.486(a) is amended to read: 02 (a) A person commits the crime of criminal mischief in the fifth degree if, 03 having no right to do so or any reasonable ground to believe the person has such a 04 right, 05 (1) with reckless disregard for the risk of harm to or loss of the 06 property or with intent to cause substantial inconvenience to another, the person 07 tampers with property of another; 08 (2) with intent to damage property of another, the person damages 09 property of another in an amount, adjusted for inflation as provided in 10 AS 11.46.982, less than $250; or 11 (3) the person rides in a propelled vehicle knowing it has been stolen 12 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 13 * Sec. 21. AS 11.46.530(b) is amended to read: 14 (b) Criminal simulation is 15 (1) a class C felony if the value of what the object purports to 16 represent, adjusted for inflation as provided in AS 11.46.982, is $1,000 [$750] or 17 more; 18 (2) a class A misdemeanor if the value of what the object purports to 19 represent, adjusted for inflation as provided in AS 11.46.982, is $250 or more but 20 less than $1,000 [$750]; 21 (3) a class B misdemeanor if the value of what the object purports to 22 represent, adjusted for inflation as provided in AS 11.46.982, is less than $250. 23 * Sec. 22. AS 11.46.620(d) is amended to read: 24 (d) Misapplication of property is 25 (1) a class C felony if the value of the property misapplied, adjusted 26 for inflation as provided in AS 11.46.982, is $1,000 [$750] or more; 27 (2) a class A misdemeanor if the value of the property misapplied, 28 adjusted for inflation as provided in AS 11.46.982, is less than $1,000 [$750]. 29 * Sec. 23. AS 11.46.730(c) is amended to read: 30 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 31 judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as
01 provided in AS 11.46.982, of $1,000 [$750] or more as a result of [TO] the 02 defendant's conduct, in which case defrauding secured creditors is 03 (1) a class B felony if the loss, adjusted for inflation as provided in 04 AS 11.46.982, is $25,000 or more; 05 (2) a class C felony if the loss, adjusted for inflation as provided in 06 AS 11.46.982, is $1,000 [$750] or more but less than $25,000. 07 * Sec. 24. AS 11.46.980 is amended by adding a new subsection to read: 08 (d) In making a finding related to the degree or classification of a crime under 09 this chapter, a court shall refer to the most recent property value threshold set by the 10 Alaska Judicial Council under AS 11.46.982. 11 * Sec. 25. AS 11.46 is amended by adding a new section to read: 12 Sec. 11.46.982. Adjustment for inflation increasing the value of property 13 or services as an element of an offense. (a) The Alaska Judicial Council shall publish 14 a report on July 1, 2020, calculating the increase in value, if any, of property or 15 services as an element of an offense in this chapter from a base value of $250 and 16 $1,000, based on a formula provided by the Department of Labor and Workforce 17 Development, reflecting the change in the Consumer Price Index for the Anchorage 18 metropolitan area compiled by the Bureau of Labor Statistics, United States 19 Department of Labor. 20 (b) The Alaska Judicial Council shall, in calculating the price of property or 21 services as provided in this section, 22 (1) recalculate the base value of property and services of $250 and 23 $1,000 every five years; and 24 (2) report the base value of property and services of $250 and $1,000 25 rounded to the nearest $50 increment. 26 (c) The Alaska Judicial Council shall publish the report provided in this 27 section by electronically providing copies of the report 28 (1) to all law enforcement agencies in the state; 29 (2) to the Public Defender Agency; 30 (3) to the office of public advocacy; 31 (4) to the attorney general;
01 (5) to the court system; 02 (6) on the judicial council's Internet website; and 03 (7) to the senate secretary and the chief clerk of the house of 04 representatives. 05 * Sec. 26. AS 11.56.730(a) is amended to read: 06 (a) A person commits the offense [CRIME] of failure to appear if the person 07 (1) is released under the provisions of AS 12.30; 08 (2) knows that the person is required to appear before a court or 09 judicial officer at the time and place of a scheduled hearing; and 10 (3) with criminal negligence does not appear before the court or 11 judicial officer at the time and place of the scheduled hearing. 12 * Sec. 27. AS 11.56.730(c) is amended to read: 13 (c) A person who commits failure to appear incurs a forfeiture of any security 14 for any appearance of the person that was given or pledged to the court for the person's 15 release [, AND IS GUILTY OF A 16 (1) CLASS C FELONY IF THE PERSON WAS RELEASED IN 17 CONNECTION WITH A CHARGE OF A FELONY, OR WHILE AWAITING 18 SENTENCE OR APPEAL AFTER CONVICTION OF A FELONY; 19 (2) CLASS A MISDEMEANOR IF THE PERSON WAS RELEASED 20 IN CONNECTION WITH A 21 (A) CHARGE OF A MISDEMEANOR, OR WHILE 22 AWAITING SENTENCE OR APPEAL AFTER CONVICTION OF A 23 MISDEMEANOR; OR 24 (B) REQUIREMENT TO APPEAR AS A MATERIAL 25 WITNESS IN A CRIMINAL PROCEEDING]. 26 * Sec. 28. AS 11.56.730 is amended by adding new subsections to read: 27 (d) Failure to appear is a 28 (1) class C felony if the person was released in connection with a 29 charge of a felony or while awaiting sentence or appeal after conviction of a felony 30 and the person 31 (A) does not make contact with the court or a judicial officer
01 within 30 days after the person does not appear at the time and place of a 02 scheduled hearing; or 03 (B) does not appear at the time and place of a scheduled 04 hearing to avoid prosecution; 05 (2) class A misdemeanor if the person was released in connection with 06 a charge of a misdemeanor, while awaiting sentence or appeal after conviction of a 07 misdemeanor, or in connection with a requirement to appear as a material witness in a 08 criminal proceeding, and the person 09 (A) does not make contact with the court or a judicial officer 10 within 30 days after the person does not appear at the time and place of a 11 scheduled hearing; or 12 (B) does not appear at the time and place of a scheduled 13 hearing to avoid prosecution; or 14 (3) violation punishable by a fine of up to $1,000. 15 (e) In a prosecution for failure to appear under (a) of this section, it is not a 16 defense that the defendant did not receive a reminder notification from a court or 17 judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure. 18 * Sec. 29. AS 11.56.757(a) is amended to read: 19 (a) A person commits the offense [CRIME] of violation of condition of 20 release if the person 21 (1) has been charged with a crime or convicted of a crime; 22 (2) has been released under AS 12.30; and 23 (3) violates a condition of release imposed by a judicial officer under 24 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 25 * Sec. 30. AS 11.56.757(b) is amended to read: 26 (b) Violation of condition of release is a violation punishable by a fine of up 27 to $1,000 [(1) A CLASS A MISDEMEANOR IF THE PERSON IS RELEASED 28 FROM A CHARGE OR CONVICTION OF A FELONY; 29 (2) A CLASS B MISDEMEANOR IF THE PERSON IS RELEASED 30 FROM A CHARGE OR CONVICTION OF A MISDEMEANOR]. 31 * Sec. 31. AS 11.56.759(a) is amended to read:
01 (a) A person commits the crime of violation by sex offender of condition of 02 probation if the person 03 (1) is on probation for conviction of a sex offense; 04 (2) has served the entire term of incarceration imposed for conviction 05 of the sex offense; and 06 (3) violates a condition of probation imposed under 07 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), 08 or any other condition imposed by the court that the court finds to be specifically 09 related to the defendant's offense. 10 * Sec. 32. AS 11.61.110(c) is amended to read: 11 (c) Disorderly conduct is a class B misdemeanor [AND IS PUNISHABLE AS 12 AUTHORIZED IN AS 12.55 EXCEPT THAT A SENTENCE OF IMPRISONMENT, 13 IF IMPOSED, SHALL BE FOR A DEFINITE TERM OF NOT MORE THAN 10 14 DAYS]. 15 * Sec. 33. AS 11.61.145(d) is amended to read: 16 (d) Promoting an exhibition of fighting animals 17 (1) under (a)(1) or (2) of this section is a class C felony; 18 (2) under (a)(3) of this section is 19 (A) a violation 20 (i) for the first offense; 21 (ii) punishable by a fine of not more than $1,000 [, A 22 CLASS B MISDEMEANOR] for the second offense; [,] and 23 (B) a class A misdemeanor for the third and each subsequent 24 offense. 25 * Sec. 34. AS 11.61.150(a) is amended to read: 26 (a) A person commits the offense [CRIME] of obstruction of highways if the 27 person knowingly 28 (1) places, drops, or permits to drop on a highway any substance that 29 creates a substantial risk of physical injury to others using the highway; or 30 (2) renders a highway impassable or passable only with unreasonable 31 inconvenience or hazard.
01 * Sec. 35. AS 11.61.150(c) is amended to read: 02 (c) Obstruction of highways is a violation punishable by a fine of not more 03 than $1,000 [CLASS B MISDEMEANOR]. 04 * Sec. 36. AS 11.66.100 is amended by adding a new subsection to read: 05 (e) A person may not be prosecuted under (a)(1) of this section if the 06 (1) person witnessed or was a victim of, and reported to law 07 enforcement in good faith, one or more of the following crimes: 08 (A) murder in the first degree under AS 11.41.100; 09 (B) murder in the second degree under AS 11.41.110; 10 (C) manslaughter under AS 11.41.120; 11 (D) criminally negligent homicide under AS 11.41.130; 12 (E) assault in the first degree under AS 11.41.200; 13 (F) assault in the second degree under AS 11.41.210; 14 (G) assault in the third degree under AS 11.41.220; 15 (H) assault in the fourth degree under AS 11.41.230; 16 (I) sexual assault in the first degree under AS 11.41.410; 17 (J) sexual assault in the second degree under AS 11.41.420; 18 (K) sexual assault in the third degree under AS 11.41.425; 19 (L) sexual assault in the fourth degree under AS 11.41.427; 20 (M) sexual abuse of a minor in the first degree under 21 AS 11.41.434; 22 (N) sexual abuse of a minor in the second degree under 23 AS 11.41.436; 24 (O) sexual abuse of a minor in the third degree under 25 AS 11.41.438; 26 (P) sexual abuse of a minor in the fourth degree under 27 AS 11.41.440; 28 (Q) robbery in the first degree under AS 11.41.500; 29 (R) robbery in the second degree under AS 11.41.510; 30 (S) extortion under AS 11.41.520; 31 (T) coercion under AS 11.41.530;
01 (U) distribution of child pornography under AS 11.61.125; 02 (V) possession of child pornography under AS 11.61.127; 03 (W) sex trafficking in the first degree under AS 11.66.110; 04 (X) sex trafficking in the second degree under AS 11.66.120; 05 (Y) sex trafficking in the third degree under AS 11.66.130; or 06 (Z) sex trafficking in the fourth degree under AS 11.66.135; 07 (2) evidence supporting the prosecution under (a)(1) of this section 08 was obtained or discovered as a result of the person reporting the crime to law 09 enforcement; and 10 (3) person cooperated with law enforcement personnel. 11 * Sec. 37. AS 11.66.110(a) is amended to read: 12 (a) A person commits the crime of sex trafficking in the first degree if the 13 person 14 (1) induces or causes another [A] person to engage in prostitution 15 through the use of force; 16 (2) as other than a patron of a prostitute, induces or causes another [A] 17 person who is under 20 years of age to engage in prostitution; or 18 (3) induces or causes a person in that person's legal custody to engage 19 in prostitution. 20 * Sec. 38. AS 11.66.130(a) is amended to read: 21 (a) A person commits the crime of sex trafficking in the third degree if, with 22 intent to promote prostitution, the person 23 (1) manages, supervises, controls, or owns, either alone or in 24 association with others, a place of prostitution; 25 (2) as other than a patron of a prostitute, induces or causes another [A] 26 person who is 20 years of age or older to engage in prostitution; 27 (3) as other than a prostitute receiving compensation for personally 28 rendered prostitution services, receives or agrees to receive money or other property 29 under an agreement or understanding that the money or other property is derived from 30 prostitution; or 31 (4) engages in conduct that institutes, aids, or facilitates a prostitution
01 enterprise. 02 * Sec. 39. AS 11.66.130 is amended by adding a new subsection to read: 03 (c) A person does not act with the intent to promote prostitution under (a) of 04 this section if the person 05 (1) engages in prostitution in violation of AS 11.66.100(a) in a location 06 even if that location is shared with another person; and 07 (2) has not induced or caused another person in that location to engage 08 in prostitution. 09 * Sec. 40. AS 11.66.135 is amended by adding a new subsection to read: 10 (c) A person does not institute, aid, or facilitate prostitution if the person 11 (1) engages in prostitution in violation of AS 11.66.100(a) in a location 12 even if that location is shared with another person; and 13 (2) has not induced or caused another person in that location to engage 14 in prostitution. 15 * Sec. 41. AS 11.66.200(c) is amended to read: 16 (c) Gambling is a violation 17 (1) for the first offense; 18 (2) punishable by a fine of not more than $1,000 [. GAMBLING IS 19 A CLASS B MISDEMEANOR] for the second and each subsequent offense. 20 * Sec. 42. AS 11.71.030(a) is amended to read: 21 (a) Except as authorized in AS 17.30, a person commits the crime of 22 misconduct involving a controlled substance in the second [THIRD] degree if the 23 person 24 (1) [UNDER CIRCUMSTANCES NOT PROSCRIBED UNDER 25 AS 11.71.020(a)(2) - (6),] manufactures or delivers, [ANY AMOUNT OF A 26 SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] or possesses [ANY 27 AMOUNT OF A SCHEDULE IIA OR IIIA CONTROLLED SUBSTANCE] with 28 intent to manufacture or deliver, 29 (A) one or more preparations, compounds, mixtures, or 30 substances of an aggregate weight of one gram or more containing a 31 schedule IA controlled substance;
01 (B) 25 or more tablets, ampules, or syrettes containing a 02 schedule IA controlled substance; 03 (C) one or more preparations, compounds, mixtures, or 04 substances of an aggregate weight of 2.5 grams or more containing a 05 schedule IIA or IIIA controlled substance; or 06 (D) 50 or more tablets, ampules, or syrettes containing a 07 schedule IIA or IIIA controlled substance; 08 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 09 substance to a person under 19 years of age who is at least three years younger than 10 the person delivering the substance; [OR] 11 (3) possesses any amount of a schedule IA or IIA controlled substance 12 (A) with reckless disregard that the possession occurs 13 (i) on or within 500 feet of school grounds; or 14 (ii) at or within 500 feet of a recreation or youth center; 15 or 16 (B) on a school bus; 17 (4) manufactures any material, compound, mixture, or 18 preparation that contains 19 (A) methamphetamine, or its salts, isomers, or salts of 20 isomers; or 21 (B) an immediate precursor of methamphetamine, or its 22 salts, isomers, or salts of isomers; 23 (5) possesses an immediate precursor of methamphetamine, or the 24 salts, isomers, or salts of isomers of the immediate precursor of 25 methamphetamine, with the intent to manufacture any material, compound, 26 mixture, or preparation that contains methamphetamine, or its salts, isomers, or 27 salts of isomers; 28 (6) possesses a listed chemical with intent to manufacture any 29 material, compound, mixture, or preparation that contains 30 (A) methamphetamine, or its salts, isomers, or salts of 31 isomers; or
01 (B) an immediate precursor of methamphetamine, or its 02 salts, isomers, or salts of isomers; 03 (7) possesses methamphetamine in an organic solution with intent 04 to extract from it methamphetamine or its salts, isomers, or salts of isomers; or 05 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 06 delivers 07 (A) an immediate precursor of methamphetamine, or the 08 salts, isomers, or salts of isomers of the immediate precursor of 09 methamphetamine, to another person with reckless disregard that the 10 precursor will be used to manufacture any material, compound, mixture, 11 or preparation that contains methamphetamine, or its salts, isomers, or 12 salts of isomers; or 13 (B) a listed chemical to another person with reckless 14 disregard that the listed chemical will be used to manufacture any 15 material, compound, mixture, or preparation that contains 16 (i) methamphetamine, or its salts, isomers, or salts of 17 isomers; 18 (ii) an immediate precursor of methamphetamine, or 19 its salts, isomers, or salts of isomers; or 20 (iii) methamphetamine or its salts, isomers, or salts 21 of isomers in an organic solution. 22 * Sec. 43. AS 11.71.030(c) is amended to read: 23 (c) Misconduct involving a controlled substance in the second [THIRD] 24 degree is a class B felony. 25 * Sec. 44. AS 11.71.030 is amended by adding new subsections to read: 26 (d) In a prosecution under (a) of this section, possession of more than six 27 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 28 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 29 the person intended to use the listed chemicals to manufacture, aid or abet another 30 person to manufacture, or deliver to another person who intends to manufacture 31 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers
01 of methamphetamine or its immediate precursors. The prima facie evidence described 02 in this subsection does not apply to a person who possesses 03 (1) the listed chemicals ephedrine, pseudoephedrine, 04 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 05 (A) and the listed chemical was dispensed to the person under a 06 valid prescription; or 07 (B) in the ordinary course of a legitimate business, or an 08 employee of a legitimate business, as a 09 (i) retailer or wholesaler; 10 (ii) wholesale drug distributor licensed by the Board of 11 Pharmacy; 12 (iii) manufacturer of drug products licensed by the 13 Board of Pharmacy; 14 (iv) pharmacist licensed by the Board of Pharmacy; or 15 (v) health care professional licensed by the state; or 16 (2) less than 24 grams of ephedrine, pseudoephedrine, 17 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 18 kept in a locked storage area on the premises of a legitimate business or nonprofit 19 organization operating a camp, lodge, school, day care center, treatment center, or 20 other organized group activity, and the location or nature of the activity, or the age of 21 the participants, makes it impractical for the participants in the activity to obtain 22 medicinal products. 23 (e) In this section, "listed chemical" means a chemical described under 24 AS 11.71.200. 25 * Sec. 45. AS 11.71.040(a) is amended to read: 26 (a) Except as authorized in AS 17.30, a person commits the crime of 27 misconduct involving a controlled substance in the third [FOURTH] degree if the 28 person 29 (1) manufactures or delivers any amount of a schedule IVA or VA 30 controlled substance or possesses any amount of a schedule IVA or VA controlled 31 substance with intent to manufacture or deliver;
01 (2) manufactures or delivers, or possesses with the intent to 02 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 03 of an aggregate weight of one ounce or more containing a schedule VIA controlled 04 substance; 05 (3) possesses 06 (A) any amount of a 07 (i) schedule IA controlled substance listed in 08 AS 11.71.140(e); or 09 (ii) IIA controlled substance except a controlled 10 substance listed in AS 11.71.150(e)(11) - (15); 11 (B) 25 or more tablets, ampules, or syrettes containing a 12 schedule IIIA or IVA controlled substance; 13 (C) one or more preparations, compounds, mixtures, or 14 substances of an aggregate weight of 15 (i) three grams or more containing a schedule IIIA or 16 IVA controlled substance except a controlled substance in a form listed 17 in (ii) of this subparagraph; 18 (ii) 12 grams or more containing a schedule IIIA 19 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 20 sprayed on or otherwise applied to tobacco, an herb, or another organic 21 material; or 22 (iii) 500 milligrams or more of a schedule IIA 23 controlled substance listed in AS 11.71.150(e)(11) - (15); 24 (D) 50 or more tablets, ampules, or syrettes containing a 25 schedule VA controlled substance; 26 (E) one or more preparations, compounds, mixtures, or 27 substances of an aggregate weight of six grams or more containing a schedule 28 VA controlled substance; 29 (F) one or more preparations, compounds, mixtures, or 30 substances of an aggregate weight of four ounces or more containing a 31 schedule VIA controlled substance; or
01 (G) 25 or more plants of the genus cannabis; 02 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 03 (A) with reckless disregard that the possession occurs 04 (i) on or within 500 feet of school grounds; or 05 (ii) at or within 500 feet of a recreation or youth center; 06 or 07 (B) on a school bus; 08 (5) knowingly keeps or maintains any store, shop, warehouse, 09 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 10 keeping or distributing controlled substances in violation of a felony offense under this 11 chapter or AS 17.30; 12 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 13 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 14 mark, imprint, or device of another or any likeness of any of these on [UPON] a drug, 15 drug container, or labeling so as to render the drug a counterfeit substance; 16 (7) knowingly uses in the course of the manufacture or distribution of a 17 controlled substance a registration number that is fictitious, revoked, suspended, or 18 issued to another person; 19 (8) knowingly furnishes false or fraudulent information in or omits 20 material information from any application, report, record, or other document required 21 to be kept or filed under AS 17.30; 22 (9) obtains possession of a controlled substance by misrepresentation, 23 fraud, forgery, deception, or subterfuge; [OR] 24 (10) affixes a false or forged label to a package or other container 25 containing any controlled substance; or 26 (11) manufactures or delivers, or possesses with the intent to 27 manufacture or deliver, 28 (A) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of less than one gram containing a 30 schedule IA controlled substance; 31 (B) less than 25 tablets, ampules, or syrettes containing a
01 schedule IA controlled substance; 02 (C) one or more preparations, compounds, mixtures, or 03 substances of an aggregate weight of less than 2.5 grams containing a 04 schedule IIA or IIIA controlled substance; or 05 (D) less than 50 tablets, ampules, or syrettes containing a 06 schedule IIA or IIIA controlled substance. 07 * Sec. 46. AS 11.71.040(d) is amended to read: 08 (d) Misconduct involving a controlled substance in the third [FOURTH] 09 degree is a class C felony. 10 * Sec. 47. AS 11.71.050 is amended to read: 11 Sec. 11.71.050. Misconduct involving a controlled substance in the fourth 12 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 13 misconduct involving a controlled substance in the fourth [FIFTH] degree if the 14 person 15 (1) manufactures or delivers, or possesses with the intent to 16 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 17 of an aggregate weight of less than one ounce containing a schedule VIA controlled 18 substance; 19 (2) possesses 20 (A) less than 25 tablets, ampules, or syrettes containing a 21 schedule IIIA or IVA controlled substance; 22 (B) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of less than 24 (i) three grams containing a schedule IIIA or IVA 25 controlled substance except a controlled substance in a form listed in 26 (ii) of this subparagraph; 27 (ii) 12 grams but more than six grams containing a 28 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - (16) 29 that has been sprayed on or otherwise applied to tobacco, an herb, or 30 another organic material; or 31 (iii) 500 milligrams containing a schedule IIA
01 controlled substance listed in AS 11.71.150(e)(11) - (15); 02 (C) less than 50 tablets, ampules, or syrettes containing a 03 schedule VA controlled substance; 04 (D) one or more preparations, compounds, mixtures, or 05 substances of an aggregate weight of less than six grams containing a schedule 06 VA controlled substance; or 07 (E) one or more preparations, compounds, mixtures, or 08 substances of an aggregate weight of one ounce or more containing a schedule 09 VIA controlled substance; [OR] 10 (3) fails to make, keep, or furnish any record, notification, order form, 11 statement, invoice, or information required under AS 17.30; or 12 (4) under circumstances not proscribed under 13 AS 11.71.040(a)(3)(A)(i) or 11.71.060(a)(2)(B), possesses any amount of a schedule 14 IA, IIA, IIIA, IVA, VA, or VIA controlled substance. 15 (b) Misconduct involving a controlled substance in the fourth [FIFTH] degree 16 is a class A misdemeanor. 17 * Sec. 48. AS 11.71.060 is amended to read: 18 Sec. 11.71.060. Misconduct involving a controlled substance in the fifth 19 [SIXTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of 20 misconduct involving a controlled substance in the fifth [SIXTH] degree if the person 21 (1) uses or displays any amount of a schedule VIA controlled 22 substance; 23 (2) possesses one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of 25 (A) less than one ounce containing a schedule VIA controlled 26 substance; 27 (B) six grams or less containing a schedule IIIA controlled 28 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 29 otherwise applied to tobacco, an herb, or another organic material; or 30 (3) refuses entry into a premise for an inspection authorized under 31 AS 17.30.
01 (b) Misconduct involving a controlled substance in the fifth [SIXTH] degree 02 is a class B misdemeanor. 03 * Sec. 49. AS 11.71.311(a) is amended to read: 04 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 05 11.71.040(a)(3) or (4), 11.71.050(a)(4) [11.71.050(a)(2)], or 11.71.060(a)(1) or (2) if 06 that person 07 (1) sought, in good faith, medical or law enforcement assistance for 08 another person who the person reasonably believed was experiencing a drug overdose 09 and 10 (A) the evidence supporting the prosecution for an offense 11 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(4) 12 [11.71.050(a)(2)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 13 result of the person seeking medical or law enforcement assistance; 14 (B) the person remained at the scene with the other person until 15 medical or law enforcement assistance arrived; and 16 (C) the person cooperated with medical or law enforcement 17 personnel, including by providing identification; 18 (2) was experiencing a drug overdose and sought medical assistance, 19 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 20 11.71.040(a)(3) or (4), 11.71.050(a)(4) [11.71.050(a)(2)], or 11.71.060(a)(1) or (2) 21 was obtained as a result of the overdose and the need for medical assistance. 22 * Sec. 50. AS 12.25.150(a) is amended to read: 23 (a) A person arrested shall be taken before a judge or magistrate without 24 unnecessary delay [,] and in any event within 24 [48] hours after arrest, absent 25 compelling circumstances, including Sundays and holidays. The unavailability of a 26 report prepared by the pretrial services officer under AS 33.07 or a delay in the 27 transmittal of that report to the parties or to the court may not be considered a 28 sufficient compelling circumstance to justify delaying a hearing beyond 24 hours. 29 The hearing before the judge or magistrate may not take place more than 48 30 hours after arrest. This requirement applies to municipal police officers to the same 31 extent as it does to state troopers.
01 * Sec. 51. AS 12.25.180 is amended to read: 02 Sec. 12.25.180. When peace officer may issue citation or take person 03 before the court. (a) When a peace officer stops or contacts a person for the 04 commission of a class C felony offense, a misdemeanor, or the violation of a 05 municipal ordinance, the officer may, in the officer's discretion, issue a citation to the 06 person instead of taking the person before a judge or magistrate under AS 12.25.150, 07 except the officer may arrest if [UNLESS] 08 (1) the person does not furnish satisfactory evidence of identity; 09 (2) the peace [CONTACTING] officer reasonably believes the person 10 is a danger to [SELF OR] others; 11 (3) the crime for which the person is contacted is one involving 12 violence or harm to another person or to property; 13 (4) the person asks to be taken before a judge or magistrate under 14 AS 12.25.150; or 15 (5) the peace officer has probable cause to believe the person 16 committed a crime involving domestic violence; in this paragraph, "crime involving 17 domestic violence" has the meaning given in AS 18.66.990. 18 (b) When a peace officer stops or contacts a person for the commission of an 19 infraction or a violation, the officer shall issue a citation instead of taking the person 20 before a judge or magistrate under AS 12.25.150, except the officer may arrest if 21 [UNLESS] 22 (1) the person does not furnish satisfactory evidence of identity; [OR] 23 (2) the person refuses to accept service of the citation; or 24 (3) the peace officer has probable cause to believe the person has 25 committed 26 (A) a violation of conditions of release under AS 11.56.757; 27 or 28 (B) the offense of failure to appear under AS 11.56.730. 29 * Sec. 52. AS 12.25.180 is amended by adding a new subsection to read: 30 (c) A person may not bring a civil action for damages for a failure to comply 31 with the provisions of this section.
01 * Sec. 53. AS 12.25.190(b) is amended to read: 02 (b) The time specified in the notice to appear shall be at least two [FIVE] 03 working days after the issuance of the citation under AS 12.25.180(a). 04 * Sec. 54. AS 12.25.190 is amended by adding a new subsection to read: 05 (d) The time specified in the notice to appear shall be at least five working 06 days after issuance of the citation under AS 12.25.180(b). 07 * Sec. 55. AS 12.30.006(b) is amended to read: 08 (b) At the first appearance before a judicial officer, a person who is charged 09 with a felony, other than a class C felony and the person has been assessed as low 10 risk under AS 12.30.011(c)(1), may be detained up to 48 hours for the prosecuting 11 authority to demonstrate that release of the person under AS 12.30.011 12 [AS 12.30.011(a)] would not reasonably ensure [ASSURE] the appearance of the 13 person or will pose a danger to the victim, other persons, or the community. 14 * Sec. 56. AS 12.30.006(c) is amended to read: 15 (c) A person who remains in custody 48 hours after appearing before a judicial 16 officer because of inability to meet the conditions of release shall, upon application, be 17 entitled to have the conditions reviewed by the judicial officer who imposed them. If 18 the judicial officer who imposed the conditions of release is not available, any judicial 19 officer in the judicial district may review the conditions. Upon review of the 20 conditions, the judicial officer shall revise any conditions of release that have 21 prevented the defendant from being released unless the judicial officer finds on 22 the record that there is clear and convincing evidence that less restrictive release 23 conditions cannot reasonably ensure the 24 (1) appearance of the person in court; and 25 (2) safety of the victim, other persons, and the community. 26 * Sec. 57. AS 12.30.006(d) is amended to read: 27 (d) If a person remains in custody after review of conditions by a judicial 28 officer under (c) of this section, the person may request a subsequent review of 29 conditions. Unless the prosecuting authority stipulates otherwise or the person has 30 been incarcerated for a period equal to the maximum sentence for the most serious 31 charge for which the person is being held, a judicial officer may not schedule a bail
01 review hearing under this subsection unless 02 (1) the person provides to the court and the prosecuting authority a 03 written statement that new information not considered at the previous review will be 04 presented at the hearing; the statement must include a description of the information 05 and the reason the information was not presented at a previous hearing; in this 06 paragraph, "new information" includes [DOES NOT INCLUDE] the person's 07 inability to post the required bail; 08 (2) the prosecuting authority and any surety, if applicable, have at least 09 48 hours' written notice before the time set for the review requested under this 10 subsection; the defendant shall notify the surety; and 11 (3) at least seven days have elapsed between the previous review and 12 the time set for the requested review; however, a person may receive only one bail 13 review hearing solely for inability to pay. 14 * Sec. 58. AS 12.30.006(f) is amended to read: 15 (f) The judicial officer shall issue written or oral findings that explain the 16 reasons the officer imposed the particular conditions of release or modifications or 17 additions to conditions previously imposed. The judicial officer shall inform the 18 person that a law enforcement officer or a pretrial services officer under AS 33.07 19 may arrest the person without a warrant for violation of the court's order establishing 20 conditions of release. 21 * Sec. 59. AS 12.30.011 is repealed and reenacted to read: 22 Sec. 12.30.011. Release before trial. (a) A judicial officer may order that a 23 person charged with an offense, in addition to other conditions imposed under this 24 section, be released 25 (1) on the person's own recognizance; 26 (2) upon execution of an unsecured appearance bond; or 27 (3) upon execution of an unsecured performance bond. 28 (b) A person charged with a misdemeanor that does not include an offense 29 under AS 11.41, AS 11.56.730, 11.56.757, AS 28.35.030, or 28.35.032, a sex offense 30 as defined in AS 12.63.100, or a crime involving domestic violence as defined in 31 AS 18.66.990 and who is assessed by a pretrial services officer as
01 (1) low to moderate risk shall be released on the person's own 02 recognizance or upon execution of an unsecured appearance bond or unsecured 03 performance bond; or 04 (2) high risk shall be released on the person's own recognizance or 05 upon execution of an unsecured appearance bond or unsecured performance bond 06 unless the judicial officer finds on the record that there is clear and convincing 07 evidence that no nonmonetary conditions of release in combination with the release of 08 the person on the person's own recognizance or upon execution of an unsecured bond 09 can reasonably ensure the appearance of the person in court and the safety of the 10 victim, other persons, and the community. 11 (c) A person charged with a class C felony that does not include an offense 12 under AS 11.41, AS 11.56.730, AS 28.35.030, or 28.35.032, a sex offense as defined 13 in AS 12.63.100, or a crime involving domestic violence as defined in AS 18.66.990 14 and who is assessed by a pretrial services officer as 15 (1) low risk shall be released on the person's own recognizance or 16 upon execution of an unsecured appearance bond or unsecured performance bond; or 17 (2) moderate to high risk shall be released on the person's own 18 recognizance or upon execution of an unsecured appearance bond or unsecured 19 performance bond unless the judicial officer finds on the record that there is clear and 20 convincing evidence that no nonmonetary conditions of release in combination with 21 the release of the person on the person's own recognizance or upon execution of an 22 unsecured bond can reasonably ensure the appearance of the person in court and the 23 safety of the victim, other persons, and the community. 24 (d) A person charged under AS 28.35.030 or 28.35.032 who is assessed by a 25 pretrial services officer as low, moderate, or high risk shall be released on the person's 26 own recognizance or upon execution of an unsecured appearance bond or unsecured 27 performance bond unless the judicial officer finds on the record that there is clear and 28 convincing evidence that no nonmonetary conditions of release in combination with 29 the release of the person on the person's own recognizance or upon execution of an 30 unsecured bond can reasonably ensure the appearance of the person in court and the 31 safety of the victim, other persons, and the community.
01 (e) A person charged under AS 11.56.730 or 11.56.757 who is assessed by a 02 pretrial services officer as 03 (1) low to moderate risk shall be released on the person's own 04 recognizance or upon execution of an unsecured appearance bond or unsecured 05 performance bond unless the judicial officer finds on the record that there is clear and 06 convincing evidence that no nonmonetary conditions of release in combination with 07 the release of the person on the person's own recognizance or upon execution of an 08 unsecured bond can reasonably ensure the appearance of the person in court and the 09 safety of the victim, other persons, and the community; or 10 (2) high risk may be required, singly or in combination, in addition to 11 other conditions specified in this section, to deposit with the court and 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 (f) A person charged with an offense who is not otherwise required to be 21 released under (b) - (e) of this section and who is assessed by a pretrial services officer 22 as 23 (1) low risk shall be released on the person's own recognizance or 24 upon execution of an unsecured appearance bond or unsecured performance bond 25 unless the judicial officer finds on the record that there is clear and convincing 26 evidence that no nonmonetary conditions of release in combination with the release of 27 the person on the person's own recognizance or upon execution of an unsecured bond 28 can reasonably ensure the appearance of the person in court and the safety of the 29 victim, other persons, and the community; or 30 (2) moderate to high risk may be required, singly or in combination, in 31 addition to other conditions specified in this section, to deposit with the court and
01 execute 02 (A) an appearance bond with a posting not to exceed 10 percent 03 of the specified amount of the bond with the condition that the deposit be 04 returned upon the appearance of the person at scheduled hearings; 05 (B) a bail bond with sufficient solvent sureties or the deposit of 06 cash; or 07 (C) a performance bond with a full or partial posting of the 08 specified amount of the bond with the condition that the deposit be returned 09 upon the performance of the conditions of release set by the court. 10 (g) A person released under this section shall be released on the condition that 11 the person 12 (1) obey all court orders; 13 (2) obey all laws; 14 (3) make all court appearances; 15 (4) maintain contact with the person's pretrial services officer, if one is 16 appointed by the court, and follow the pretrial services officer's instructions; 17 (5) maintain contact with the person's attorney; 18 (6) notify the person's attorney or, if the person is not represented by 19 an attorney, the pretrial services officer or the court within 24 hours after a change in 20 the person's residence. 21 (h) The judicial officer may, singly or in combination, order additional 22 conditions if the condition or conditions are the least restrictive conditions that will 23 reasonably ensure the appearance of the person in court and the safety of the victim, 24 other persons, and the community. The judicial officer may 25 (1) place restrictions on the person's travel, association, or residence; 26 (2) order the person to refrain from possessing a deadly weapon on the 27 person or in the person's vehicle or residence; 28 (3) require the person to maintain employment or, if unemployed, 29 actively seek employment; 30 (4) require the person to notify the person's lawyer and the prosecuting 31 authority within two business days after any change in employment;
01 (5) require the person to avoid all contact with a victim, a potential 02 witness, or a codefendant; 03 (6) require the person to refrain from the consumption and possession 04 of alcoholic beverages; 05 (7) require the person to refrain from the use of a controlled substance 06 as defined in AS 11.71, unless prescribed by a licensed health care provider with 07 prescriptive authority; 08 (8) require the person to be physically inside the person's residence, or 09 in the residence of the person's third-party custodian, at times set by the court, subject 10 to AS 12.30.021; 11 (9) require the person to keep regular contact with a pretrial services 12 officer or law enforcement officer or agency; 13 (10) order the person to refrain from entering or remaining in premises 14 licensed under AS 04; 15 (11) place the person in the custody of an individual who agrees to 16 serve as a third-party custodian of the person as provided in AS 12.30.021; 17 (12) if the person is under the treatment of a licensed health care 18 provider, order the person to follow the provider's treatment recommendations; 19 (13) order the person to take medication that has been prescribed for 20 the person by a licensed health care provider with prescriptive authority; 21 (14) require the person to comply with a program established under 22 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 23 abuse-related offense; 24 (15) order the person to comply with any other condition that is 25 reasonably necessary to ensure the appearance of the person and to ensure the safety 26 of the victim, other persons, and the community. 27 (i) In determining the conditions of release under this chapter, the court shall 28 consider the following: 29 (1) the nature and circumstances of the offense charged; 30 (2) the weight of the evidence against the person; 31 (3) the nature and extent of the person's family ties and relationships;
01 (4) the person's employment status and history; 02 (5) the length and character of the person's past and present residence; 03 (6) the person's record of convictions; 04 (7) the person's record of appearance at court proceedings; 05 (8) assets available to the person to meet monetary conditions of 06 release; 07 (9) the person's reputation, character, and mental condition; 08 (10) the effect of the offense on the victim, any threats made to the 09 victim, and the danger that the person poses to the victim; 10 (11) the conditions of release recommended by the pretrial services 11 officer; 12 (12) the person's pretrial risk assessment score; and 13 (13) any other facts that are relevant to the person's appearance or the 14 person's danger to the victim, other persons, or the community. 15 (j) Except as otherwise provided in this chapter, the burden of proof is on the 16 prosecuting authority that a person charged with an offense should be detained or 17 released with conditions described in this section or AS 12.30.016. Any monetary or 18 nonmonetary condition or conditions imposed by the court under this section shall be 19 the least restrictive condition or conditions that will reasonably ensure the appearance 20 of the person in court and the safety of the victim, other persons, and the community. 21 (k) If the report prepared by the pretrial services officer under AS 33.07 is not 22 available at the time of the first appearance, bail review hearing, or bail hearing in 23 connection with a petition to revoke probation, the court shall impose the least 24 restrictive condition or conditions that will reasonably ensure the appearance of the 25 person in court and the safety of the victim, other persons, and the community. 26 * Sec. 60. AS 12.30.016(b) is amended to read: 27 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 28 AS 28.35.030, or 28.35.032, a judicial officer may order the person 29 (1) to refrain from 30 (A) consuming alcoholic beverages; or 31 (B) possessing on the person, in the person's residence, or in
01 any vehicle or other property over which the person has control, alcoholic 02 beverages; 03 (2) to submit to a search without a warrant of the person, the person's 04 personal property, the person's residence, or any vehicle or other property over which 05 the person has control, for the presence of alcoholic beverages by a peace officer or 06 pretrial services officer who has reasonable suspicion that the person is violating the 07 conditions of the person's release by possessing alcoholic beverages; 08 (3) to submit to a breath test when requested by a law enforcement 09 officer or pretrial services officer; 10 (4) to provide a sample for a urinalysis or blood test when requested by 11 a law enforcement officer or pretrial services officer; 12 (5) to take a drug or combination of drugs intended to prevent 13 substance abuse; 14 (6) to follow any treatment plan imposed by the court under 15 AS 28.35.028; 16 (7) to comply with a program established under AS 47.38.020. 17 * Sec. 61. AS 12.30.016(c) is amended to read: 18 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 19 officer may order the person 20 (1) to refrain from 21 (A) consuming a controlled substance; or 22 (B) possessing on the person, in the person's residence, or in 23 any vehicle or other property over which the person has control, a controlled 24 substance or drug paraphernalia; 25 (2) to submit to a search without a warrant of the person, the person's 26 personal property, the person's residence, or any vehicle or other property over which 27 the person has control, for the presence of a controlled substance or drug paraphernalia 28 by a peace officer or pretrial services officer who has reasonable suspicion that the 29 person is violating the terms of the person's release by possessing controlled 30 substances or drug paraphernalia; 31 (3) to enroll in a random drug testing program, at the person's expense,
01 with testing to occur not less than once a week, or to submit to random drug 02 testing by the pretrial services office in the Department of Corrections to detect 03 the presence of a controlled substance, [WITH TESTING TO OCCUR NOT LESS 04 THAN ONCE A WEEK, AND] with the results being submitted to the court and the 05 prosecuting authority; 06 (4) to refrain from entering or remaining in a place where a controlled 07 substance is being used, manufactured, grown, or distributed; 08 (5) to refrain from being physically present at, within a two-block area 09 of, or within a designated area near, the location where the alleged offense occurred or 10 at other designated places, unless the person actually resides within that area; 11 (6) to refrain from the use or possession of an inhalant; or 12 (7) to comply with a program established under AS 47.38.020. 13 * Sec. 62. AS 12.30.021(a) is amended to read: 14 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 15 a judicial officer may appoint a third-party custodian if the officer finds, on the 16 record, that 17 (1) pretrial supervision under AS 33.07 is not available in the 18 person's location; 19 (2) no secured appearance or performance bonds have been 20 ordered; and 21 (3) no other conditions of release or combination of conditions can 22 [THE APPOINTMENT WILL, SINGLY OR IN COMBINATION WITH OTHER 23 CONDITIONS,] reasonably ensure [ASSURE] the person's appearance and the safety 24 of the victim, other persons, and the community. 25 * Sec. 63. AS 12.30.021(c) is amended to read: 26 (c) A judicial officer may not appoint a person as a third-party custodian if 27 (1) the proposed custodian is acting as a third-party custodian for 28 another person; 29 (2) the proposed custodian has been convicted in the previous three 30 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 31 (3) criminal charges are pending in this state or another jurisdiction
01 against the proposed custodian; 02 (4) the proposed custodian is on probation in this state or another 03 jurisdiction for an offense; 04 (5) there is a reasonable probability that the state will call the 05 proposed custodian [MAY BE CALLED] as a witness in the prosecution of the 06 person; 07 (6) the proposed custodian resides out of state; however, a nonresident 08 may serve as a custodian if the nonresident resides in the state while serving as 09 custodian. 10 * Sec. 64. AS 12.30.055 is amended by adding a new subsection to read: 11 (b) A person who is in custody in connection with a petition to revoke 12 probation for a technical violation of probation under AS 12.55.110 shall be released 13 after the person has served the maximum number of days that the court could impose 14 on the person for a technical violation of probation under AS 12.55.110. 15 * Sec. 65. AS 12.55.011 is amended by adding a new subsection to read: 16 (b) At the time of sentencing, the court shall provide the victim with a form 17 that 18 (1) provides information on 19 (A) whom the victim should contact if the victim has questions 20 about the sentence or release of the offender; 21 (B) the potential for release of the offender on furlough, 22 probation, or parole or for good time credit; and 23 (2) allows the victim to update the victim's contact information with 24 the court, the Victim Information and Notification Everyday service, and the 25 Department of Corrections. 26 * Sec. 66. AS 12.55.025(a) is amended to read: 27 (a) When imposing a sentence for conviction of a felony offense or a sentence 28 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 29 regulation adopted under AS 04, or an ordinance adopted in conformity with 30 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 31 includes the following:
01 (1) a verbatim record of the sentencing hearing and any other in-court 02 sentencing procedures; 03 (2) findings on material issues of fact and on factual questions required 04 to be determined as a prerequisite to the selection of the sentence imposed; 05 (3) a clear statement of the terms of the sentence imposed; if a term of 06 imprisonment is imposed, the statement must include 07 (A) the approximate minimum term the defendant is expected 08 to serve before being released or placed on mandatory parole if the defendant 09 is eligible for and does not forfeit good conduct deductions under 10 AS 33.20.010; and 11 (B) if applicable, the approximate minimum term of 12 imprisonment the defendant must serve before becoming eligible for release on 13 discretionary or administrative parole; 14 (4) any recommendations as to the place of confinement or the manner 15 of treatment; and 16 (5) in the case of a conviction for a felony offense, information 17 assessing 18 (A) the financial, emotional, and medical effects of the offense 19 on the victim; 20 (B) the need of the victim for restitution; and 21 (C) any other information required by the court. 22 * Sec. 67. AS 12.55.025(c) is amended to read: 23 (c) Except as provided in (d) of this section, when a defendant is sentenced to 24 imprisonment, the term of confinement commences on the date of imposition of 25 sentence unless the court specifically provides that the defendant must report to serve 26 the sentence on another date. If the court provides another date to begin the term of 27 confinement, the court shall provide the defendant with written notice of the date, 28 time, and location of the correctional facility to which the defendant must report. A 29 defendant shall receive credit for time spent in custody pending trial, sentencing, or 30 appeal, if the detention was in connection with the offense for which sentence was 31 imposed including a technical violation of probation as provided in AS 12.55.110.
01 A defendant may not receive credit for more than the actual time spent in custody 02 pending trial, sentencing, or appeal. The time during which a defendant is voluntarily 03 absent from official detention after the defendant has been sentenced may not be 04 credited toward service of the sentence. 05 * Sec. 68. AS 12.55.027(a) is amended to read: 06 (a) A court may grant a defendant credit toward a sentence of imprisonment 07 for time spent in a treatment program that furthers the reformation and 08 rehabilitation of the defendant if the court finds that the program places a 09 substantial restriction on the defendant's freedom of movement and behavior and 10 is consistent with [OR UNDER ELECTRONIC MONITORING ONLY AS 11 PROVIDED IN] this section. 12 * Sec. 69. AS 12.55.027(b) is amended to read: 13 (b) A court may only grant credit under this section [A DEFENDANT ONE 14 DAY OF CREDIT TOWARD A SENTENCE OF IMPRISONMENT FOR EACH 15 FULL DAY THE DEFENDANT RESIDED IN THE FACILITY OF A 16 TREATMENT PROGRAM AND OBSERVED THE RULES OF THE 17 TREATMENT PROGRAM AND THE FACILITY IF] 18 (1) in the amount of one day of credit toward a sentence of 19 imprisonment for each full day the defendant spent in a treatment program; and 20 [THE COURT FINDS THAT THE TREATMENT PROGRAM MEETS THE 21 STANDARDS DESCRIBED IN (c) OF THIS SECTION;] 22 (2) if the court ordered [BEFORE] the defendant [ENTERED THE 23 TREATMENT PROGRAM, THE COURT ORDERED THE DEFENDANT] to 24 [RESIDE IN THE FACILITY OF THE TREATMENT PROGRAM AND] participate 25 in and comply with the conditions of the treatment program before the defendant 26 entered the program [AS A CONDITION OF BAIL RELEASE OR A CONDITION 27 OF PROBATION; AND 28 (3) THE COURT HAS RECEIVED A WRITTEN REPORT FROM 29 THE DIRECTOR OF THE PROGRAM THAT 30 (A) STATES THAT THE DEFENDANT HAS 31 PARTICIPATED IN THE TREATMENT PLAN PRESCRIBED FOR THE
01 DEFENDANT AND HAS COMPLIED WITH THE REQUIREMENTS OF 02 THE PLAN; AND 03 (B) SETS OUT THE NUMBER OF FULL DAYS THE 04 DEFENDANT RESIDED IN THE FACILITY OF THE TREATMENT 05 PROGRAM AND OBSERVED THE RULES OF THE TREATMENT 06 PROGRAM AND FACILITY]. 07 * Sec. 70. AS 12.55.027(c) is repealed and reenacted to read: 08 (c) In granting credit toward a sentence of imprisonment for time spent in a 09 treatment program, a court shall consider the following factors: 10 (1) the restrictions on the defendant's freedom of movement and 11 behavior; 12 (2) the circumstances under which the defendant was enrolled in the 13 program; 14 (3) the residency requirements of the program; 15 (4) the physical custody and supervision of the defendant at the 16 program; 17 (5) the circumstances under which the defendant is permitted to leave 18 the program's facility; 19 (6) the rules of the program and the requirement that the defendant 20 obey the orders of persons who have immediate custody or control over the defendant; 21 (7) the sanctions on the defendant for violating the program's rules or 22 orders; 23 (8) whether the defendant is subject to arrest for leaving the program's 24 facility without permission; 25 (9) the use of an electronic monitoring device; 26 (10) whether the program provides substance abuse treatment; 27 (11) the use of other technology that monitors or restricts the 28 defendant's movement and behavior; 29 (12) other factors that support the court's finding that the program 30 places a substantial restriction on the defendant's freedom of movement and behavior; 31 (13) other factors that support the court's finding that the program
01 furthers the reformation and rehabilitation of the defendant. 02 * Sec. 71. AS 12.55.027 is amended by adding new subsections to read: 03 (f) To qualify as a treatment program under this section, a program must 04 (1) be intended to address criminogenic traits or behaviors; 05 (2) provide measures of progress or completion; and 06 (3) require notification to the pretrial services office or probation 07 officer if the person is discharged from the program for noncompliance. 08 (g) A court granting credit against a sentence of imprisonment under (d) of 09 this section may grant credit of not more than 360 days against a total term of 10 imprisonment imposed for 11 (1) a felony crime against a person under AS 11.41; 12 (2) a crime involving domestic violence as defined in AS 18.66.990; 13 (3) a sex offense as defined in AS 12.63.100; 14 (4) an offense under AS 11.71 involving the delivery of a controlled 15 substance to a person under 19 years of age; 16 (5) burglary in the first degree under AS 11.46.300; or 17 (6) arson in the first degree under AS 11.46.400. 18 * Sec. 72. AS 12.55.035(b) is amended to read: 19 (b) Upon conviction of an offense, a defendant who is not an organization may 20 be sentenced to pay, unless otherwise specified in the provision of law defining the 21 offense, a fine of not more than 22 (1) $500,000 for murder in the first or second degree, attempted 23 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 24 sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 25 degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in 26 the first degree; 27 (2) $250,000 for a class A felony; 28 (3) $100,000 for a class B felony; 29 (4) $50,000 for a class C felony; 30 (5) $25,000 [$10,000] for a class A misdemeanor; 31 (6) $2,000 for a class B misdemeanor;
01 (7) $500 for a violation. 02 * Sec. 73. AS 12.55.051(a) is amended to read: 03 (a) If the defendant defaults in the payment of a fine or any installment or of 04 restitution or any installment, the court may order the defendant to show cause why 05 the defendant should not be sentenced to imprisonment for nonpayment and, if the 06 payment was made a condition of the defendant's probation, may revoke the probation 07 of the defendant subject to the limits set out in AS 12.55.110. In a contempt or 08 probation revocation proceeding brought as a result of failure to pay a fine or 09 restitution, it is an affirmative defense that the defendant was unable to pay despite 10 having made continuing good faith efforts to pay the fine or restitution. If the court 11 finds that the defendant was unable to pay despite having made continuing good faith 12 efforts, the defendant may not be imprisoned solely because of the inability to pay. If 13 the court does not find that the default was attributable to the defendant's inability to 14 pay despite having made continuing good faith efforts to pay the fine or restitution, the 15 court may order the defendant imprisoned subject to the limits set out in 16 AS 12.55.110 [UNTIL THE ORDER OF THE COURT IS SATISFIED]. A term of 17 imprisonment imposed under this section may not exceed one day for each $50 of the 18 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 19 be given toward satisfaction of the order of the court for every day a person is 20 incarcerated for nonpayment of a fine or restitution. 21 * Sec. 74. AS 12.55.055(a) is amended to read: 22 (a) The court may order a defendant convicted of an offense to perform 23 community work as a condition of probation, a suspended sentence, [OR] suspended 24 imposition of sentence, or suspended entry of judgment, or in addition to any fine or 25 restitution ordered. If the defendant is sentenced to imprisonment, the court may 26 recommend to the Department of Corrections that the defendant perform community 27 work. 28 * Sec. 75. AS 12.55.055(c) is amended to read: 29 (c) The court may offer a defendant convicted of an offense the option of 30 performing community work in lieu of a fine, surcharge, or portion of a fine or 31 surcharge if the court finds the defendant is unable to pay the fine. The value of
01 community work in lieu of a fine is the state's minimum wage for each [$3 PER] 02 hour. 03 * Sec. 76. AS 12.55.055 is amended by adding new subsections to read: 04 (g) The court may not 05 (1) offer a defendant convicted of an offense the option of serving jail 06 time in lieu of performing uncompleted community work previously ordered by the 07 court; or 08 (2) convert uncompleted community work hours into a sentence of 09 imprisonment. 10 (h) If a court orders community work as part of the defendant's sentence under 11 this section, the court shall provide notice to the defendant at sentencing and include 12 as a provision of the judgment that if the defendant fails to provide proof of 13 community work within 20 days after the date set by the court, the court shall convert 14 those community work hours to a fine equal to the number of uncompleted work hours 15 multiplied by the state's minimum hourly wage and issue a judgment against the 16 defendant for that amount. 17 * Sec. 77. AS 12.55 is amended by adding a new section to read: 18 Sec. 12.55.078. Suspending entry of judgment. (a) Except as provided in (f) 19 of this section, if a person is found guilty or pleads guilty to a crime, the court may, 20 with the consent of the defendant and the prosecution and without imposing or 21 entering a judgment of guilt, defer further proceedings and place the person on 22 probation. The period of probation may not exceed the applicable terms set out in 23 AS 12.55.090(c). 24 (b) The court shall impose conditions of probation for a person on probation 25 as provided in (a) of this section, which may include that the person 26 (1) abide by all local, state, and federal laws; 27 (2) not leave the state without prior consent of the court; 28 (3) pay restitution as ordered by the court; and 29 (4) obey any other conditions of probation set by the court. 30 (c) At any time during the probationary term of the person released on 31 probation, a probation officer may, without warrant or other process, rearrest the
01 person so placed in the officer's care and bring the person before the court, or the court 02 may, in its discretion, issue a warrant for the rearrest of the person. The court may 03 revoke and terminate the probation if the court finds that the person placed on 04 probation is 05 (1) violating the conditions of probation; 06 (2) engaging in criminal practices; or 07 (3) violating an order of the court to participate in or comply with the 08 treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 09 (d) If the court finds that the person has successfully completed probation, the 10 court shall, at the end of the probationary period set by the court, or at any time after 11 the expiration of one year from the date of the original probation, discharge the person 12 and dismiss the proceedings against the person. 13 (e) If the court finds that the person has violated the conditions of probation 14 ordered by the court, the court may revoke and terminate the person's probation, enter 15 judgment on the person's previous plea or finding of guilt, and pronounce sentence at 16 any time within the maximum probation period authorized by this section. 17 (f) The court may not suspend the imposition or entry of judgment and may 18 not defer prosecution under this section of a person who 19 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 20 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 21 AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135; 22 (2) uses a firearm in the commission of the offense for which the 23 person is convicted; 24 (3) has previously been granted a suspension of judgment under this 25 section or a similar statute in another jurisdiction, unless the court enters written 26 findings that by clear and convincing evidence the person's prospects for rehabilitation 27 are high and suspending judgment under this section adequately protects the victim of 28 the offense, if any, and the community; 29 (4) is convicted of a violation of AS 11.41.230, 11.41.250, or a felony 30 and the person has one or more prior convictions for a misdemeanor violation of 31 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction
01 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 02 felony in this state; for the purposes of this paragraph, a person shall be considered to 03 have a prior conviction even if 04 (A) the charges were dismissed under this section; 05 (B) the conviction has been set aside under AS 12.55.085; or 06 (C) the charge or conviction was dismissed or set aside under 07 an equivalent provision of the laws of another jurisdiction; or 08 (5) has been convicted of a crime involving domestic violence, as 09 defined in AS 18.66.990. 10 * Sec. 78. AS 12.55.090(b) is amended to read: 11 (b) Except as otherwise provided in (f) of this section, the court may revoke or 12 modify any condition of probation, [OR MAY] change the period of probation, or 13 terminate probation and discharge the defendant from probation. 14 * Sec. 79. AS 12.55.090(c) is amended to read: 15 (c) The period of probation, together with any extension, may not exceed 16 (1) 15 [25] years for a felony sex offense; [OR] 17 (2) 10 years for an unclassified felony under AS 11; 18 (3) five years for a felony offense not listed in (1) or (2) of this 19 subsection; 20 (4) three years for a misdemeanor offense 21 (A) under AS 11.41; 22 (B) that is a crime involving domestic violence; or 23 (C) that is a sex offense, as that term is defined in 24 AS 12.63.100; 25 (5) two years for a misdemeanor offense under AS 28.35.030 or 26 28.35.032, if the person has previously been convicted of an offense under 27 AS 28.35.030 or 28.35.032, or a similar law or ordinance of this or another 28 jurisdiction; or 29 (6) one year for an offense not listed in (1) - (5) of this subsection 30 [ANY OTHER OFFENSE]. 31 * Sec. 80. AS 12.55.090(f) is amended to read:
01 (f) Unless the defendant and the prosecuting authority agree at the probation 02 revocation proceeding or other proceeding related to a probation violation, the 03 person qualifies for a reduction under AS 33.05.020(h), or a probation officer 04 recommends to the court that probation be terminated and the defendant be 05 discharged from probation under (g) of this section or AS 33.05.040, the court may 06 not reduce the specific period of probation [,] or the specific term of suspended 07 incarceration except by the amount of incarceration imposed for a probation violation, 08 if 09 (1) the sentence was imposed in accordance with a plea agreement 10 under Rule 11, Alaska Rules of Criminal Procedure; and 11 (2) the agreement required a specific period of probation or a specific 12 term of suspended incarceration. 13 * Sec. 81. AS 12.55.090 is amended by adding new subsections to read: 14 (g) A probation officer shall recommend to the court that probation be 15 terminated and a defendant be discharged from probation if the defendant 16 (1) has completed at least 17 (A) two years on probation if the person was convicted of a 18 class A or class B felony that is not a crime under (5) of this subsection; or 19 (B) one year on probation if the person was convicted of a 20 crime that is not a crime 21 (i) under (A) of this paragraph; or 22 (ii) under (5) of this subsection; 23 (2) has completed all treatment programs required as a condition of 24 probation; 25 (3) has not been found in violation of conditions of probation by the 26 court for the period specified in (1) of this subsection; 27 (4) is currently in compliance with all conditions of probation for all of 28 the cases for which the person is on probation; and 29 (5) has not been convicted of an unclassified felony offense, a sexual 30 felony as defined in AS 12.55.185, or a crime involving domestic violence as defined 31 in AS 18.66.990.
01 (h) Before a court may terminate probation and discharge the defendant before 02 the period of probation for the offense has been completed under (g) of this section, 03 the court shall allow victims to comment in writing to the court or allow a victim to 04 give sworn testimony or make an unsworn oral presentation at a hearing held to 05 determine whether to reduce the period of probation or terminate probation and 06 discharge the defendant. 07 (i) If a probation officer recommends to the court that probation be terminated 08 and a defendant be discharged from probation under (g) of this section, and if the 09 victim has earlier requested to be notified, the Department of Corrections shall send 10 the victim notice of the recommendation under (g) of this section and inform the 11 victim of the victim's rights under this section, the deadline for receipt of written 12 comments, the hearing date, and the court's address. 13 (j) If the victim submits written comments directly to the court and the parties 14 do not otherwise have the victim statements, the court shall distribute the statements to 15 the parties. 16 (k) In deciding whether to terminate probation and discharge the defendant 17 from probation under (g) of this section, the court shall consider the victim's 18 comments, testimony, or unsworn oral presentation, when relevant, and any response 19 by the prosecuting attorney and defendant. 20 (l) If a victim desires notice under this section, the victim shall maintain a 21 current, valid mailing address on file with the commissioner of corrections. The 22 commissioner shall send the notice to the victim's last known address. The victim's 23 address may not be disclosed to the defendant or the defendant's attorney. 24 (m) The court shall discharge the defendant from probation upon completion 25 of the period of probation. The period of probation is considered to be completed 26 when the combination of time served and credits earned under AS 33.05.020 is equal 27 to the probation period imposed, or after the probationer has been discharged from 28 probation under this section. 29 (n) In this section, "sex offense" has the meaning given in AS 12.63.100. 30 * Sec. 82. AS 12.55.100(a) is amended to read: 31 (a) While on probation and among the conditions of probation, the defendant
01 (1) shall be required to obey all state, federal, and local laws or 02 ordinances, and any court orders applicable to the probationer; and 03 (2) may be required 04 (A) [(1)] to pay a fine in one or several sums; 05 (B) [(2)] to make restitution or reparation to aggrieved parties 06 for actual damages or loss caused by the crime for which conviction was had, 07 including compensation to a victim that is a nonprofit organization for the 08 value of labor or goods provided by volunteers if the labor or goods were 09 necessary to alleviate or mitigate the effects of the defendant's crime; when 10 determining the amount of actual damages or loss under this subparagraph 11 [PARAGRAPH], the court shall value property as the market value of the 12 property at the time and place of the crime or, if the market value cannot 13 reasonably be ascertained, the cost of the replacement of the property within a 14 reasonable time after the crime; 15 (C) [(3)] to provide for the support of any persons for whose 16 support the defendant is legally responsible; 17 (D) [(4)] to perform community work in accordance with 18 AS 12.55.055; 19 (E) [(5)] to participate in or comply with the treatment plan of 20 an inpatient or outpatient rehabilitation program specified by either the court or 21 the defendant's probation officer that is related to the defendant's offense or to 22 the defendant's rehabilitation; 23 (F) [(6)] to satisfy the screening, evaluation, referral, and 24 program requirements of an agency authorized by the court to make referrals 25 for rehabilitative treatment or to provide rehabilitative treatment; 26 (G) [AND (7)] to comply with a program established under 27 AS 47.38.020; and 28 (H) to comply with the sanctions imposed by the 29 defendant's probation officer under AS 33.05.020(g). 30 * Sec. 83. AS 12.55.100(c) is amended to read: 31 (c) A program of inpatient treatment may be required by the authorized
01 agency under (a)(2)(F) [(a)(6)] of this section only if authorized in the judgment, and 02 may not exceed the maximum term of inpatient treatment specified in the judgment. A 03 person who has been referred for inpatient treatment may make a written request to the 04 sentencing court asking the court to review the referral. The request for review shall be 05 made within seven days after [OF] the agency's referral, and shall specifically set out 06 the grounds on [UPON] which the request for review is based. The court may order a 07 hearing on the request for review. 08 * Sec. 84. AS 12.55.110 is amended by adding new subsections to read: 09 (c) If a defendant is serving a period of probation for an offense, the court may 10 find that the defendant has committed a technical violation of probation. If the court 11 finds that a defendant has committed a technical violation of probation that does not 12 include absconding, the court may reinstate the term of probation with appropriate 13 conditions or impose a sentence of imprisonment of not more than 14 (1) three days for the first probation revocation; 15 (2) five days for the second probation revocation; 16 (3) 10 days for the third probation revocation; or 17 (4) the remainder of the suspended portion of the sentence for a fourth 18 or subsequent probation revocation. 19 (d) If the court revokes a person's probation for absconding, the court may 20 impose a period of imprisonment not to exceed 30 days. 21 (e) The limits set out in this section on the length of imprisonment for a 22 revocation do not apply if a probationer is enrolled in a program established under 23 AS 33.05.020(f). 24 (f) If the defendant is ordered to complete treatment under 25 AS 12.55.100(a)(2)(E) and does not comply with the court's order, the court may order 26 the defendant to show cause why the defendant should not be sentenced to 27 imprisonment for noncompletion of treatment and may revoke the suspended sentence 28 subject to the limits established in this section. In a contempt or probation revocation 29 proceeding brought as a result of failure to complete treatment, it is an affirmative 30 defense that the defendant was unable to afford the cost of treatment or secure a place 31 in a free treatment program, despite having made continuing good faith efforts. If the
01 court finds that the defendant was unable to complete treatment despite having made 02 continuing good faith efforts, the defendant may not be imprisoned solely because of 03 an inability to pay. If the court does not find that the noncompletion of treatment was 04 attributable to the defendant's inability to pay, the court may order the defendant 05 imprisoned subject to the limits established in this section. 06 (g) Notwithstanding (c) of this section, a court may not find a technical 07 violation under this section if a person convicted of a sex offense, as described in 08 AS 12.63.100, violates a condition of probation provided in AS 12.55.100(e). 09 (h) In this section, 10 (1) "absconding" means failing to report within five working days after 11 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 12 with a probation officer, as ordered by the court or as directed by the probation officer, 13 and failing to make contact with the probation officer within 30 days following the 14 missed meeting; 15 (2) "technical violation" means a violation of the conditions of 16 probation 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. 85. AS 12.55.115 is amended to read: 21 Sec. 12.55.115. Fixing eligibility for discretionary or administrative parole 22 at sentencing. The court may, as part of a sentence of imprisonment, further restrict 23 the eligibility of a prisoner for discretionary or administrative parole for a term 24 greater than that required under AS 33.16.089, 33.16.090, [AS 33.16.090] and 25 33.16.100. 26 * Sec. 86. AS 12.55.125(a) is amended to read: 27 (a) A defendant convicted of murder in the first degree or murder of an unborn 28 child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment 29 of at least 30 [20] years but not more than 99 years. A defendant convicted of murder 30 in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years 31 when
01 (1) the defendant is convicted of the murder of a uniformed or 02 otherwise clearly identified peace officer, firefighter, or correctional employee who 03 was engaged in the performance of official duties at the time of the murder; 04 (2) the defendant has been previously convicted of 05 (A) murder in the first degree under AS 11.41.100 or former 06 AS 11.15.010 or 11.15.020; 07 (B) murder in the second degree under AS 11.41.110 or former 08 AS 11.15.030; or 09 (C) homicide under the laws of another jurisdiction when the 10 offense of which the defendant was convicted contains elements similar to first 11 degree murder under AS 11.41.100 or second degree murder under 12 AS 11.41.110; 13 (3) the defendant subjected the murder victim to substantial physical 14 torture; 15 (4) the defendant is convicted of the murder of and personally caused 16 the death of a person, other than a participant, during a robbery; or 17 (5) the defendant is a peace officer who used the officer's authority as a 18 peace officer to facilitate the murder. 19 * Sec. 87. AS 12.55.125(b) is amended to read: 20 (b) A defendant convicted of attempted murder in the first degree, solicitation 21 to commit murder in the first degree, conspiracy to commit murder in the first degree, 22 kidnapping, or misconduct involving a controlled substance in the first degree shall be 23 sentenced to a definite term of imprisonment of at least five years but not more than 24 99 years. A defendant convicted of murder in the second degree or murder of an 25 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 26 imprisonment of at least 15 [10] years but not more than 99 years. A defendant 27 convicted of murder in the second degree shall be sentenced to a definite term of 28 imprisonment of at least 20 years but not more than 99 years when the defendant is 29 convicted of the murder of a child under 16 years of age and the court finds by clear 30 and convincing evidence that the defendant (1) was a natural parent, a stepparent, an 31 adoptive parent, a legal guardian, or a person occupying a position of authority in
01 relation to the child; or (2) caused the death of the child by committing a crime against 02 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 03 "position of authority" have the meanings given in AS 11.41.470. 04 * Sec. 88. AS 12.55.125(c) is amended to read: 05 (c) Except as provided in (i) of this section, a defendant convicted of a class A 06 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 07 and shall be sentenced to a definite term within the following presumptive ranges, 08 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (1) if the offense is a first felony conviction and does not involve 10 circumstances described in (2) of this subsection, three [FIVE] to six [EIGHT] years; 11 (2) if the offense is a first felony conviction 12 (A) and the defendant possessed a firearm, used a dangerous 13 instrument, or caused serious physical injury or death during the commission 14 of the offense, or knowingly directed the conduct constituting the offense at a 15 uniformed or otherwise clearly identified peace officer, firefighter, correctional 16 employee, emergency medical technician, paramedic, ambulance attendant, or 17 other emergency responder who was engaged in the performance of official 18 duties at the time of the offense, five [SEVEN] to nine [11] years; 19 (B) and the conviction is for manufacturing related to 20 methamphetamine under AS 11.71.020(a)(2)(A) or (B), seven to 11 years, if 21 (i) the manufacturing occurred in a building with 22 reckless disregard that the building was used as a permanent or 23 temporary home or place of lodging for one or more children under 18 24 years of age or the building was a place frequented by children; or 25 (ii) in the course of manufacturing or in preparation for 26 manufacturing, the defendant obtained the assistance of one or more 27 children under 18 years of age or one or more children were present; 28 (3) if the offense is a second felony conviction, eight [10] to 12 [14] 29 years; 30 (4) if the offense is a third felony conviction and the defendant is not 31 subject to sentencing under (l) of this section, 13 [15] to 20 years.
01 * Sec. 89. AS 12.55.125(d) is amended to read: 02 (d) Except as provided in (i) of this section, a defendant convicted of a class B 03 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 04 and shall be sentenced to a definite term within the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (2) of this subsection, zero [ONE] to two [THREE] years; 08 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 09 granted a suspended imposition of sentence under AS 12.55.085 [IF, AS A 10 CONDITION OF PROBATION UNDER AS 12.55.086, THE DEFENDANT IS 11 REQUIRED TO SERVE AN ACTIVE TERM OF IMPRISONMENT WITHIN THE 12 RANGE SPECIFIED IN THIS PARAGRAPH, UNLESS THE COURT FINDS 13 THAT A MITIGATION FACTOR UNDER AS 12.55.155 APPLIES]; 14 (2) if the offense is a first felony conviction, 15 (A) the defendant violated AS 11.41.130, and the victim was 16 (i) a child under 16 years of age, two to four years; or 17 (ii) was 16 years of age or older, one to three years; 18 (B) two to four years if the conviction is for an attempt, 19 solicitation, or conspiracy to manufacture related to methamphetamine under 20 AS 11.31 and AS 11.71.020(a)(2)(A) or (B), and 21 (i) the attempted manufacturing occurred, or the 22 solicited or conspired offense was to have occurred, in a building with 23 reckless disregard that the building was used as a permanent or 24 temporary home or place of lodging for one or more children under 18 25 years of age or the building was a place frequented by children; or 26 (ii) in the course of an attempt to manufacture, the 27 defendant obtained the assistance of one or more children under 18 28 years of age or one or more children were present; 29 (3) if the offense is a second felony conviction, two [FOUR] to five 30 [SEVEN] years; 31 (4) if the offense is a third felony conviction, four [SIX] to 10 years.
01 * Sec. 90. AS 12.55.125(e) is amended to read: 02 (e) Except as provided in (i) of this section, a defendant convicted of a class C 03 felony may be sentenced to a definite term of imprisonment of not more than five 04 years, and shall be sentenced to a definite term within the following presumptive 05 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (1) if the offense is a first felony conviction and does not involve 07 circumstances described in (4) of this subsection, probation, with a suspended term 08 of imprisonment of zero to 18 months [TWO YEARS]; a defendant sentenced under 09 this paragraph may, if the court finds it appropriate, be granted a suspended imposition 10 of sentence under AS 12.55.085 [, AND THE COURT MAY, AS A CONDITION OF 11 PROBATION UNDER AS 12.55.086, REQUIRE THE DEFENDANT TO SERVE 12 AN ACTIVE TERM OF IMPRISONMENT WITHIN THE RANGE SPECIFIED IN 13 THIS PARAGRAPH]; 14 (2) if the offense is a second felony conviction, one to three [TWO 15 TO FOUR] years; 16 (3) if the offense is a third felony conviction, two [THREE] to five 17 years; 18 (4) if the offense is a first felony conviction, and the defendant violated 19 (A) AS 08.54.720(a)(15), one to two years; 20 (B) AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to 21 239 days; 22 (C) AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to 23 359 days; 24 (D) AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to 25 two years. 26 * Sec. 91. AS 12.55.135(a) is amended to read: 27 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 28 definite term of imprisonment of not more than 29 (1) one year, if the 30 (A) conviction is for a crime with a mandatory minimum 31 term of 30 days or more of active imprisonment;
01 (B) trier of fact finds the aggravating factor that the 02 conduct constituting the offense was among the most serious conduct 03 included in the definition of the offense; 04 (C) defendant has past criminal convictions for conduct 05 violative of criminal laws, punishable as felonies or misdemeanors, similar 06 in nature to the offense for which the defendant is being sentenced; 07 (D) conviction is for an assault in the fourth degree under 08 AS 11.41.230; or 09 (E) conviction is for a violation of 10 (i) AS 11.41.427; 11 (ii) AS 11.41.440; 12 (iii) AS 11.41.460, if the indecent exposure is before 13 a person under 16 years of age; or 14 (iv) AS 11.61.118(a)(2); 15 (2) 30 days. 16 * Sec. 92. AS 12.55.135(b) is amended to read: 17 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 18 definite term of imprisonment of not more than 19 (1) 10 [90] days unless otherwise specified in the provision of law 20 defining the offense or in this section; 21 (2) 90 days if the conviction is for a violation of 22 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 23 older; or 24 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 25 older. 26 * Sec. 93. AS 12.55.135 is amended by adding new subsections to read: 27 (l) A court sentencing a person convicted of theft in the fourth degree under 28 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of 29 identification marks under AS 11.46.260(b)(3), unlawful possession under 30 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal 31 simulation under AS 11.46.530(b)(3) may not impose
01 (1) a sentence of more than five days of suspended imprisonment and a 02 term of probation of more than six months if the person has previously been convicted 03 two or more times of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 04 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction 05 with substantially similar elements; or 06 (2) a sentence of active or suspended imprisonment if the person has 07 not been previously convicted, or has previously been convicted once, of an offense 08 under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a 09 law or ordinance of this or another jurisdiction with substantially similar elements. 10 (m) A court may not impose a sentence of imprisonment for a definite term of 11 more than 24 hours for a person convicted of disorderly conduct under AS 11.61.110. 12 (n) A court sentencing a person convicted of misconduct involving a 13 controlled substance in the fourth degree under AS 11.71.050(a)(4) or misconduct 14 involving a controlled substance in the fifth degree under AS 11.71.060(a)(2) may not 15 impose 16 (1) a sentence of active imprisonment, unless the person has previously 17 been convicted more than once of an offense under AS 11.71 or a law of this or 18 another jurisdiction with elements substantially similar to an offense under AS 11.71; 19 or 20 (2) a sentence of suspended imprisonment greater than 21 (A) 30 days, if the defendant has not been previously convicted 22 of an offense under AS 11.71 or a law of this or another jurisdiction with 23 elements substantially similar to an offense under AS 11.71; or 24 (B) 180 days, if the person has been previously convicted of an 25 offense under AS 11.71 or a law of this or another jurisdiction with elements 26 substantially similar to an offense under AS 11.71. 27 (o) If an aggravating factor is a necessary element of the present offense, that 28 factor may not be used to impose a sentence above the high end of the range. 29 (p) If the state seeks to establish an aggravating factor at sentencing 30 (1) under (a)(1)(C) of this section, written notice must be served on the 31 opposing party and filed with the court not later than 10 days before the date set for
01 imposition of sentence; the aggravating factor in (a)(1)(C) of this section must be 02 established by clear and convincing evidence before the court sitting without a jury; all 03 findings must be set out with specificity; 04 (2) an aggravating factor under (a)(1)(B) of this section shall be 05 presented to a trial jury under procedures set by the court, unless the defendant waives 06 trial by jury, stipulates to the existence of the factor, or consents to have the factor 07 proven under procedures set out in (1) of this subsection; an aggravating factor 08 presented to a jury is established if proved beyond a reasonable doubt; written notice 09 of the intent to establish an aggravating factor must be served on the defendant and 10 filed with the court 11 (A) not later than 10 days before trial or at a time specified by 12 the court; 13 (B) not later than 48 hours, or at a time specified by the court, 14 if the court instructs the jury about the option to return a verdict for a lesser 15 included offense; or 16 (C) not later than five days before entering a plea that results in 17 a finding of guilt or at a time specified by the court unless the defendant 18 waives the notice requirement. 19 * Sec. 94. AS 12.61.015(a) is amended to read: 20 (a) If a victim of a felony or a crime involving domestic violence requests, the 21 prosecuting attorney shall make a reasonable effort to 22 (1) confer with the person against whom the offense has been 23 perpetrated about that person's testimony before the defendant's trial; 24 (2) in a manner reasonably calculated to give prompt actual notice, 25 notify the victim 26 (A) of the defendant's conviction and the crimes of which the 27 defendant was convicted; 28 (B) of the victim's right in a case that is a felony to make a 29 written or oral statement for use in preparation of the defendant's presentence 30 report, and of the victim's right to appear personally at the defendant's 31 sentencing hearing to present a written statement and to give sworn testimony
01 or an unsworn oral presentation; 02 (C) of the address and telephone number of the office that will 03 prepare the presentence report; and 04 (D) of the time and place of the sentencing proceeding; 05 (3) notify the victim in writing of the final disposition of the case 06 within 30 days after final disposition of the case; 07 (4) confer with the victim [OF A CRIME INVOLVING DOMESTIC 08 VIOLENCE] concerning a proposed plea agreement before entering into an 09 agreement; 10 (5) inform the victim of a pending motion that may substantially delay 11 the prosecution and inform the court of the victim's position on the motion; in this 12 paragraph, a "substantial delay" is 13 (A) for a misdemeanor, a delay of one month or longer; 14 (B) for a felony, a delay of two months or longer; and 15 (C) for an appeal, a delay of six months or longer. 16 * Sec. 95. AS 12.61 is amended by adding a new section to read: 17 Sec. 12.61.016. Duties of agency investigating a sexual offense. A law 18 enforcement agency investigating an offense under AS 11.41.410 - 11.41.470 may not 19 disclose information related to the investigation to an employer of the victim unless 20 (1) the victim expressly permits the disclosure; or 21 (2) the agency determines the disclosure is necessary to investigate or 22 prevent a crime. 23 * Sec. 96. AS 12.61.017(a) is amended to read: 24 (a) An employer may not penalize or threaten to penalize a victim of an 25 offense because the victim 26 (1) is subpoenaed or requested by the prosecuting attorney to attend a 27 court proceeding for the purpose of giving testimony; or 28 (2) reports the offense to a law enforcement agency or participates 29 in the investigation of the offense by a law enforcement agency [. IN THIS 30 SUBSECTION, "PENALIZE" MEANS TO TAKE ACTION AFFECTING THE 31 EMPLOYMENT STATUS, WAGES, AND BENEFITS PAYABLE TO THE
01 VICTIM, INCLUDING 02 (1) DEMOTION OR SUSPENSION; 03 (2) DISMISSAL FROM EMPLOYMENT; AND 04 (3) LOSS OF PAY OR BENEFITS, EXCEPT PAY AND BENEFITS 05 THAT ARE DIRECTLY ATTRIBUTABLE TO THE VICTIM'S ABSENCE FROM 06 EMPLOYMENT TO ATTEND THE COURT PROCEEDING]. 07 * Sec. 97. AS 12.61.017 is amended by adding a new subsection to read: 08 (d) In this section, "penalize" means to take action affecting the employment 09 status, wages, and benefits payable to the victim, including 10 (1) demotion or suspension; 11 (2) dismissal from employment; and 12 (3) loss of pay or benefits, except pay and benefits that are directly 13 attributable to the victim's absence from employment to 14 (A) attend the court proceeding; 15 (B) report the offense to a law enforcement agency; 16 (C) participate in a law enforcement agency investigation of the 17 offense. 18 * Sec. 98. AS 12.70.130 is amended to read: 19 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 20 lawfully made by a peace officer or a private person without a warrant upon 21 reasonable information that the accused stands charged in the courts of another state 22 with a crime punishable by death or imprisonment for a term exceeding one year, but 23 when arrested the accused must be taken before a judge or magistrate without 24 unnecessary delay and, in any event, within 24 [48] hours after arrest, absent 25 compelling circumstances, including Sundays and holidays, and complaint shall be 26 made against the accused under oath setting out the ground for the arrest as in 27 AS 12.70.120. The hearing before the judge or magistrate may not take place 28 more than 48 hours after arrest. Thereafter the answer of the accused shall be heard 29 as if the accused had been arrested on a warrant. 30 * Sec. 99. AS 18.67.020(a) is amended to read: 31 (a) The [THERE IS THE] Violent Crimes Compensation Board is [IN THE
01 DEPARTMENT OF ADMINISTRATION] composed of three members to be 02 appointed by the governor. One of the members shall be designated as chair by the 03 governor. At least one member must be a medical or osteopathic physician, a 04 physician assistant, or an advanced nurse practitioner licensed to practice in this 05 state or [HOLDING A] retired from practice [STATUS LICENSE] in this state, and 06 one member must be an attorney licensed to practice in this state or retired from 07 practice in this state. 08 * Sec. 100. AS 22.35.030, added by sec. 2, ch. 1, SLA 2016, is amended to read: 09 Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or 10 dismissal. The Alaska Court System may not publish a court record of a criminal case 11 on a publicly available website if 60 days have elapsed from the date of acquittal or 12 dismissal and 13 (1) the defendant was acquitted of all charges filed in the case; 14 (2) all criminal charges against the defendant in the case have been 15 dismissed and were not dismissed as part of a plea agreement in another criminal case 16 under Rule 11, Alaska Rules of Criminal Procedure; [OR] 17 (3) the defendant was acquitted of some of the criminal charges in the 18 case and the remaining charges were dismissed; or 19 (4) all criminal charges against the defendant in the case have been 20 dismissed after a suspended entry of judgment under AS 12.55.078. 21 * Sec. 101. AS 28.15.165 is amended by adding a new subsection to read: 22 (e) A person whose driver's license, privilege to drive, or privilege to obtain a 23 license has been revoked under this section as a result of a refusal to submit to a 24 chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal 25 ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar 26 municipal ordinance in which the test produced a result described in 27 AS 28.35.030(a)(2) may request that the department rescind the revocation. The 28 department shall rescind a revocation under this subsection if the department finds that 29 the person has supplied proof in a form satisfactory to the department that 30 (1) the person has been acquitted of driving while under the influence 31 under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a
01 similar municipal ordinance for the incident on which the revocation was based; or 02 (2) all criminal charges against the person for driving while under the 03 influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit 04 to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to 05 the incident on which the revocation is based have been dismissed without prejudice. 06 * Sec. 102. AS 28.15.191(g) is amended to read: 07 (g) A court that has ordered a person to refrain from consuming alcoholic 08 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 09 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 10 following a conviction under those sections or a similar municipal ordinance, or as a 11 condition of probation or parole for any other crime shall 12 (1) require the surrender of the person's license and identification card 13 and forward the license and identification card to the department; 14 (2) report the order to the department within two days; and 15 (3) inform the person that the person's license and identification card 16 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is 17 otherwise qualified to receive a license or identification card, when the person obtains 18 a new license or identification card, the license or identification card must list the 19 restriction imposed by AS 04.16.160 for the period of probation or parole. 20 * Sec. 103. AS 28.15.201 is amended by adding new subsections to read: 21 (g) Notwithstanding (d) of this section, a court revoking a driver's license, 22 privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the 23 department when revoking a driver's license, privilege to drive, or privilege to obtain a 24 license under AS 28.15.165(c), may grant limited license privileges if 25 (1) the revocation was for a felony conviction under AS 28.35.030; 26 (2) the person is participating in and has successfully participated for 27 at least six months in, or has successfully completed, a court-ordered treatment 28 program under AS 28.35.028, and submits verification acceptable to the department; 29 (3) the person provides proof of insurance as required by AS 28.20.230 30 and 28.20.240; 31 (4) the person is required to use an ignition interlock device during the
01 period of the limited license whenever the person operates a motor vehicle in a 02 community not included in the list published by the department under 03 AS 28.22.011(b) and, when applicable, 04 (A) the person provides proof of installation of the ignition 05 interlock device on every vehicle the person operates; 06 (B) the person signs an affidavit acknowledging that 07 (i) operation by the person of a vehicle that is not 08 equipped with an ignition interlock device is subject to penalties for 09 driving with a revoked license; 10 (ii) circumventing or tampering with the ignition 11 interlock device is a class A misdemeanor; and 12 (iii) the person is required to maintain the ignition 13 interlock device throughout the period of the limited license, to keep 14 up-to-date records in each vehicle showing that any required service 15 and calibration is current, and to produce those records immediately on 16 request; 17 (5) the person has not previously been granted a limited license under 18 this section and had the license revoked under (j) of this section. 19 (h) Notwithstanding (g)(2) of this section, if a person resides in a community 20 where a court-ordered treatment program under AS 28.35.028 is not available, the 21 person shall 22 (1) provide proof to the court that the person has successfully 23 completed a rehabilitative treatment program appropriate for the person's alcohol or 24 substance abuse condition; the program must 25 (A) include planning and treatment for alcohol or drug 26 addiction; 27 (B) include emphasis on personal responsibility; 28 (C) require payment of restitution to victims and completion of 29 community work service; 30 (D) include physician-approved treatment of physical addiction 31 and treatment of the psychological causes of addiction; and
01 (E) include a monitoring program and physical placement or 02 housing in communities where the court finds that a monitoring program and 03 placement or housing is available; 04 (2) provide proof by clear and convincing evidence to the court that the 05 person is currently sober and has maintained sobriety for a period of at least 18 06 months; and 07 (3) provide written notice to the district attorney's office of the person's 08 request for a limited license under this section. 09 (i) A person is not entitled to court-appointed counsel under (h) of this section. 10 (j) The court or the department may immediately revoke a limited license 11 granted under (g) of this section if the person is convicted of a violation of 12 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction 13 or if the person is not in compliance with a court-ordered treatment program under 14 AS 28.35.028 or a rehabilitative treatment program under (h) of this section. 15 * Sec. 104. AS 28.15.291(a) is repealed and reenacted to read: 16 (a) A person commits the crime of driving while license canceled, suspended, 17 revoked, or in violation of a limitation if the person drives 18 (1) a motor vehicle on a highway or vehicular way or area at a time 19 when that person's driver's license, privilege to drive, or privilege to obtain a license 20 has been canceled, suspended, or revoked under circumstances described in 21 AS 28.15.181(c) or a similar law in another jurisdiction; 22 (2) a motor vehicle on a highway or vehicular way or area at a time 23 when that person's driver's license, privilege to drive, or privilege to obtain a license 24 has been canceled, suspended, or revoked under circumstances other than those 25 described in (1) of this subsection; or 26 (3) in violation of a limitation placed on that person's license or 27 privilege to drive in this or another jurisdiction. 28 * Sec. 105. AS 28.15.291(b) is repealed and reenacted to read: 29 (b) Driving while license canceled, suspended, revoked, or in violation of a 30 limitation is 31 (1) a class A misdemeanor if the person violates (a)(1) of this section;
01 upon conviction, the court shall impose a minimum sentence of imprisonment of not 02 less than 10 days 03 (A) with 10 days suspended if the person has not been 04 previously convicted under (a)(1) of this section or a similar law of another 05 jurisdiction; or 06 (B) if the person has been previously convicted under (a)(1) of 07 this section or a similar law in another jurisdiction; 08 (2) an infraction if the person violates (a)(2) or (3) of this section. 09 * Sec. 106. AS 28.35.028(b) is amended to read: 10 (b) Once the court elects to proceed under this section, the defendant shall 11 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 12 as appropriate. The state and the defendant may enter into a plea agreement to 13 determine the offense or offenses to which the defendant is required to plead. If the 14 court accepts the agreement, the court shall enforce the terms of the agreement. The 15 court shall enter a judgment of conviction for the offense or offenses for which the 16 defendant has pleaded or an order finding that the defendant has violated probation, as 17 appropriate. A judgment of conviction or an order finding a probation violation must 18 set a schedule for payment of restitution owed by the defendant. In a judgment of 19 conviction and on probation conditions that the court considers appropriate, the court 20 may withhold pronouncement of a period of imprisonment or a fine to provide an 21 incentive for the defendant to complete recommended treatment successfully. 22 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 23 mandatory minimum or other sentencing provision applicable to the offense. 24 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 25 other provision of law, the court, at any time after the period when a reduction of 26 sentence is normally available, may consider and reduce the defendant's sentence, 27 including imprisonment, fine, or license revocation, based on the defendant's 28 compliance with the treatment plan; when reducing a sentence, the court (1) may not 29 reduce the sentence below the mandatory minimum sentence for the offense unless the 30 court finds that the defendant has successfully complied with and completed the 31 treatment plan and that the treatment plan approximated the severity of the minimum
01 period of imprisonment, and (2) may consider the defendant's compliance with the 02 treatment plan as a mitigating factor allowing a reduction of a sentence under 03 AS 12.55.155(a). A court entering an order finding the defendant has violated 04 probation may withhold pronouncement of disposition to provide an incentive for the 05 defendant to complete the recommended treatment successfully. 06 * Sec. 107. AS 28.35.030(k) is amended to read: 07 (k) Imprisonment required under (b)(1)(A) of this section shall be served [AT 08 A COMMUNITY RESIDENTIAL CENTER OR] by electronic monitoring at a 09 private residence under AS 33.30.065. If [A COMMUNITY RESIDENTIAL 10 CENTER OR] electronic monitoring [AT A PRIVATE RESIDENCE] is not available, 11 imprisonment required under (b)(1)(A) of this section shall [MAY] be served at a 12 private residence by other means determined by the commissioner of corrections. 13 A person who is serving a sentence of imprisonment required under (b)(1)(A) of 14 this section by electronic monitoring at a private residence may not be subject to 15 a search of the person's dwelling by a peace officer or a person required to 16 administer the electronic monitoring under AS 33.30.065(a), except upon 17 probable cause [ANOTHER APPROPRIATE PLACE DETERMINED BY THE 18 COMMISSIONER OF CORRECTIONS]. Imprisonment required under (b)(1)(B) - 19 (F) of this section may be served at a community residential center or at a private 20 residence if approved by the commissioner of corrections. Imprisonment served at a 21 private residence must include electronic monitoring under AS 33.30.065 or, if 22 electronic monitoring is not available, by other means as determined by the 23 commissioner of corrections. The cost of imprisonment resulting from the sentence 24 imposed under (b)(1) of this section shall be paid to the state by the person being 25 sentenced. The [PROVIDED, HOWEVER, THAT THE] cost of imprisonment 26 required to be paid under this subsection may not exceed $2,000. Upon the person's 27 conviction, the court shall include the costs of imprisonment as a part of the judgment 28 of conviction. Except for reimbursement from a permanent fund dividend as provided 29 in this subsection, payment of the cost of imprisonment is not required if the court 30 determines the person is indigent. For costs of imprisonment that are not paid by the 31 person as required by this subsection, the state shall seek reimbursement from the
01 person's permanent fund dividend as provided under AS 43.23.065. [WHILE AT THE 02 COMMUNITY RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A 03 PERSON SENTENCED UNDER (b)(1)(A) OF THIS SECTION SHALL PERFORM 04 AT LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 05 under (b)(1)(B) of this section shall perform at least 160 hours of community service 06 work, as required by the director of the community residential center or other 07 appropriate place, or as required by the commissioner of corrections if the sentence is 08 being served at a private residence. In this subsection, "appropriate place" means a 09 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 10 residence, and includes a correctional center, residential treatment facility, hospital, 11 halfway house, group home, work farm, work camp, or other place that provides 12 varying levels of restriction. 13 * Sec. 108. AS 28.35.030(l) is amended to read: 14 (l) The commissioner of corrections shall determine and prescribe by 15 regulation a uniform average cost of imprisonment for the purpose of determining the 16 cost of imprisonment required to be paid under (k) of this section by a convicted 17 person. The regulations must include the costs associated with electronic 18 monitoring under AS 33.30.065. 19 * Sec. 109. AS 28.35.030(o) is amended to read: 20 (o) Upon request, the department shall review a driver's license revocation 21 imposed under (n)(3) of this section and 22 (1) may restore the driver's license if 23 (A) [(1)] the license has been revoked for a period of at least 10 24 years; 25 (B) [(2)] the person has not been convicted of a driving- 26 related criminal offense since the license was revoked; and 27 (C) [(3)] the person provides proof of financial responsibility; 28 (2) shall restore the driver's license if 29 (A) the person has been granted limited license privileges 30 under AS 28.15.201(g) and has successfully driven under that limited 31 license for three years without having the limited license privileges
01 revoked; 02 (B) the person has successfully completed a court-ordered 03 treatment program under AS 28.35.028 or a rehabilitative treatment 04 program under AS 28.15.201(h); 05 (C) the person has not been convicted of a violation of 06 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another 07 jurisdiction since the license was revoked; 08 (D) the person is otherwise eligible to have the person's 09 driving privileges restored as provided in AS 28.15.211; in an application 10 under this subsection, a person whose license was revoked for a violation 11 of AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as 12 required under AS 28.35.030(h) or 28.35.032(l); and 13 (E) the person provides proof of financial responsibility. 14 * Sec. 110. AS 28.35.032(o) is amended to read: 15 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 16 private residence by electronic monitoring under AS 33.30.065. If electronic 17 monitoring [AT A COMMUNITY RESIDENTIAL CENTER, OR IF A 18 COMMUNITY RESIDENTIAL CENTER] is not available, imprisonment under 19 (g)(1)(A) of this section shall be served at a private residence by other means as 20 determined by the commissioner of corrections. A person who is serving a 21 sentence of imprisonment required under (g)(1)(A) of this section by electronic 22 monitoring at a private residence may not be subject to a search of the person's 23 dwelling by a peace officer or a person required to administer the electronic 24 monitoring under AS 33.30.065(a), except upon probable cause [AT ANOTHER 25 APPROPRIATE PLACE DETERMINED BY THE COMMISSIONER OF 26 CORRECTIONS]. Imprisonment required under (g)(1)(B) - (F) of this section may be 27 served at a community residential center or at a private residence if approved by the 28 commissioner of corrections. Imprisonment served at a private residence must include 29 electronic monitoring under AS 33.30.065 or, if electronic monitoring is not 30 available, shall be served by other means as determined by the commissioner of 31 corrections. The cost of imprisonment resulting from the sentence imposed under
01 (g)(1) of this section shall be paid to the state by the person being sentenced. The 02 [PROVIDED, HOWEVER, THAT THE] cost of imprisonment required to be paid 03 under this subsection may not exceed $2,000. Upon the person's conviction, the court 04 shall include the costs of imprisonment as a part of the judgment of conviction. Except 05 for reimbursement from a permanent fund dividend as provided in this subsection, 06 payment of the cost of imprisonment is not required if the court determines the person 07 is indigent. For costs of imprisonment that are not paid by the person as required by 08 this subsection, the state shall seek reimbursement from the person's permanent fund 09 dividend as provided under AS 43.23.065. [WHILE AT THE COMMUNITY 10 RESIDENTIAL CENTER OR OTHER APPROPRIATE PLACE, A PERSON 11 SENTENCED UNDER (g)(1)(A) OF THIS SECTION SHALL PERFORM AT 12 LEAST 24 HOURS OF COMMUNITY SERVICE WORK.] A person sentenced 13 under (g)(1)(B) of this section shall perform at least 160 hours of community service 14 work, as required by the director of the community residential center or other 15 appropriate place, or as required by the commissioner of corrections if the sentence is 16 being served at a private residence. In this subsection, "appropriate place" means a 17 facility with 24-hour on-site staff supervision that is specifically adapted to provide a 18 residence, and includes a correctional center, residential treatment facility, hospital, 19 halfway house, group home, work farm, work camp, or other place that provides 20 varying levels of restriction. 21 * Sec. 111. AS 29.10.200(21) is amended to read: 22 (21) AS 29.25.070(e) and (g) (penalties) [(NOTICES OF CERTAIN 23 CIVIL ACTIONS)]; 24 * Sec. 112. AS 29.25.070(a) is amended to read: 25 (a) For the violation of an ordinance, a municipality may by ordinance 26 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days, 27 except as limited by (g) of this section. For a violation that cannot result in 28 incarceration or the loss of a valuable license, a municipality may allow disposition of 29 the violation without court appearance and establish a schedule of fine amounts for 30 each offense. 31 * Sec. 113. AS 29.25.070 is amended by adding a new subsection to read:
01 (g) If a municipality prescribes a penalty for a violation of a municipal 02 ordinance, including a violation under (a) of this section, and there is a comparable 03 state offense under AS 11 or AS 28 with elements that are similar to the municipal 04 ordinance, the municipality may not impose a greater punishment than that imposed 05 for a violation of the state law. This subsection applies to home rule and general law 06 municipalities. 07 * Sec. 114. AS 33.05.020 is amended by adding new subsections to read: 08 (g) The commissioner shall establish an administrative sanction and incentive 09 program to facilitate a swift and effective response to a probationer's compliance with 10 or violation of the conditions of probation. The commissioner shall adopt regulations 11 to implement the program. At a minimum, the regulations must include 12 (1) a decision-making process to guide probation officers in 13 determining the suitable response to positive and negative offender behavior that 14 includes a list of sanctions for the most common types of negative behavior, including 15 technical violations of conditions of probation, and a list of incentives for compliance 16 with conditions and positive behavior that exceeds those conditions; 17 (2) policies and procedures that ensure 18 (A) a process for responding to negative behavior that includes 19 a review of previous violations and sanctions; 20 (B) that enhanced sanctions for certain negative conduct are 21 approved by the commissioner or the commissioner's designee; and 22 (C) that appropriate due process protections are included in the 23 process, including notice of negative behavior, an opportunity to dispute the 24 accusation and the sanction, and an opportunity to request a review of the 25 accusation and the sanction. 26 (h) The commissioner shall establish by regulation a program allowing 27 probationers to earn credits for complying with the conditions of probation. The 28 credits earned reduce the period of probation. Nothing in this subsection prohibits the 29 department from recommending to the court the early discharge of the probationer as 30 provided in AS 33.30. At a minimum, the regulations must 31 (1) require that a probationer earn a credit of 30 days for each 30-day
01 period served in which the defendant complied with the conditions of probation; 02 (2) include policies and procedures for 03 (A) calculating and tracking credits earned by probationers; 04 (B) reducing the probationer's period of probation based on 05 credits earned by the probationer; and 06 (C) notifying a victim under AS 33.30.013. 07 * Sec. 115. AS 33.05.040 is amended to read: 08 Sec. 33.05.040. Duties of probation officers. A probation officer shall 09 (1) furnish to each probationer under the supervision of the officer a 10 written statement of the conditions of probation and shall instruct the probationer 11 regarding the same; 12 (2) keep informed concerning the conduct and condition of each 13 probationer under the supervision of the officer and shall report on the probationer to 14 the court placing the [SUCH] person on probation; 15 (3) use all suitable methods, not inconsistent with the conditions 16 imposed by the court, to aid probationers and to bring about improvements in their 17 conduct and condition; 18 (4) keep records of the probation work, including administrative 19 sanctions and incentives the probation officer imposes under AS 33.05.020(g), 20 keep accurate and complete accounts of all money collected from persons under the 21 supervision of the officer, give receipts for money collected and make at least monthly 22 returns of it, make the reports to the court and the commissioner required by them, and 23 perform other duties the court may direct; 24 (5) perform the [SUCH] duties with respect to persons on parole as the 25 commissioner shall request [,] and, in that [SUCH] service, shall be termed a parole 26 officer; 27 (6) use administrative sanctions and incentives developed under 28 AS 33.05.020(g) to respond to a probationer's negative and positive behavior, 29 including responses to technical violations of conditions of probation, in a way 30 that is intended to interrupt negative behavior in a swift, certain, and 31 proportional manner and support progress with a recognition of positive
01 behavior; 02 (7) upon determining that a probationer under the supervision of 03 the officer meets the requirements of AS 12.55.090(g), recommend to the court as 04 soon as practicable that probation be terminated and the probationer be 05 discharged from probation; and 06 (8) for each probationer who owes restitution and who is under the 07 supervision of the officer, create a restitution payment schedule based on the 08 probationer's income and ability to pay if the court has not already set a 09 restitution payment schedule. 10 * Sec. 116. AS 33.05.080 is amended by adding a new paragraph to read: 11 (3) "administrative sanctions and incentives" means responses by a 12 probation officer to a probationer's compliance with or violation of the conditions of 13 probation under AS 33.05.020(g). 14 * Sec. 117. AS 33 is amended by adding a new chapter to read: 15 Chapter 07. Pretrial Services Program. 16 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 17 shall establish and administer a pretrial services program that provides a pretrial risk 18 assessment for all defendants, recommendations to the court concerning pretrial 19 release decisions, and supervision of defendants released while awaiting trial as 20 ordered by the court. 21 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 22 shall 23 (1) appoint and make available to the superior court and district court 24 qualified pretrial services officers; 25 (2) fix pretrial services officers' salaries; 26 (3) assign pretrial services officers to each judicial district; 27 (4) provide for the necessary supervision, training, expenses, including 28 clerical services, and travel of pretrial services officers; 29 (5) approve a risk assessment instrument that is objective, 30 standardized, and developed based on analysis of empirical data and risk factors 31 relevant to pretrial failure, that evaluates the likelihood of failure to appear in court
01 and the likelihood of rearrest during the pretrial period, and that is validated on the 02 state's pretrial population; and 03 (6) adopt regulations in consultation with the Department of Law, the 04 public defender, the Department of Public Safety, the office of victims' rights, and the 05 Alaska Court System, consistent with this chapter and as necessary to implement the 06 program; the regulations must include a process for pretrial services officers to make a 07 recommendation to the court concerning a pretrial release decision and guidelines for 08 pretrial diversion recommendations. 09 Sec. 33.07.030. Duties of pretrial services officers. (a) Pretrial services 10 officers shall, in advance of a first appearance before a judicial officer under 11 AS 12.30, conduct a pretrial risk assessment on the defendant using an instrument 12 approved by the commissioner for the purpose of making a recommendation to the 13 court concerning an appropriate pretrial release decision and conditions of release. In 14 conducting a pretrial risk assessment and making a recommendation to the court, the 15 pretrial services officer shall follow the decision-making process established by 16 regulation under this chapter. The pretrial risk assessment shall be completed and 17 presented to the court in a pretrial release report that contains a risk assessment rating 18 of low, moderate, or high and a recommendation regarding release and release 19 conditions, including a recommendation concerning a defendant's dependency on, 20 abuse of, or addiction to alcohol or controlled substances, to the extent those factors 21 are indicated by the offense or criminal history, before the defendant's first appearance 22 before a judicial officer. 23 (b) A pretrial services officer shall make a recommendation under (a) of this 24 section for pretrial release to the court based on factors that include the results of a 25 pretrial risk assessment, the offense charged, and the least restrictive condition or 26 conditions that will reasonably ensure the appearance of the person in court and the 27 safety of the victim, other persons, and the community. If the offense or criminal 28 history of a defendant identifies that a dependency on, abuse of, or addiction to 29 alcohol or controlled substances is a factor in the defendant's offense, the pretrial 30 services officer shall include that identified fact in the report to the court and to the 31 attorneys. The recommendation must take into account
01 (1) the defendant's risk rating; 02 (2) the appropriateness for release on the defendant's own 03 recognizance or upon the execution of an unsecured appearance bond, unsecured 04 performance bond, or both; and 05 (3) the appropriateness of nonmonetary release conditions permitted 06 under AS 12.30.011, 12.30.016, 12.30.021, and 12.30.027 and supervision of those 07 conditions by a pretrial services officer for defendants who are recommended for 08 release. 09 (c) A pretrial services officer shall recommend for release on personal 10 recognizance, upon execution of an unsecured appearance bond, or upon execution of 11 an unsecured performance bond, with nonmonetary conditions as appropriate, if a 12 defendant is charged with 13 (1) a misdemeanor, unless that misdemeanor is 14 (A) a crime involving domestic violence, as defined in 15 AS 18.66.990; 16 (B) a crime against the person under AS 11.41; 17 (C) an offense under AS 11.56.730 or 11.56.757; 18 (2) a class C felony, unless that felony is 19 (A) a crime involving domestic violence, as defined in 20 AS 18.66.990; 21 (B) a crime against the person under AS 11.41; 22 (C) an offense under AS 11.56.730; 23 (3) an offense under AS 28.35.030 or 28.35.032, if the defendant has 24 been assessed as being low or moderate risk on the pretrial risk assessment. 25 (d) A pretrial services officer shall recommend release on personal 26 recognizance, upon execution of an unsecured appearance bond, or upon execution of 27 an unsecured performance bond, with nonmonetary conditions as appropriate, unless 28 the pretrial services officer finds 29 (1) by substantial evidence that no nonmonetary conditions of release 30 in combination with release on personal recognizance or upon execution of unsecured 31 bond can reasonably ensure public safety and appearance in court; and
01 (2) the defendant has been charged with 02 (A) an offense under AS 28.35.030 or 28.35.032, and the 03 offender has been assessed as high risk under a pretrial risk assessment; 04 (B) an offense under AS 11.56.730 or 11.56.757, and the 05 offender has been assessed as low to moderate risk under a pretrial risk 06 assessment; or 07 (C) any other offense, and the defendant has been assessed as 08 being low risk under a pretrial risk assessment. 09 (e) A pretrial services officer may recommend release on personal 10 recognizance, upon execution of an unsecured appearance bond, or upon execution of 11 an unsecured performance bond, with nonmonetary conditions as appropriate, for a 12 defendant not otherwise recommended for release under (c) or (d) of this section. 13 (f) A pretrial services officer may supervise a defendant released while 14 awaiting trial, imposing the least restrictive level of supervision that will reasonably 15 ensure the appearance of the person in court and the safety of the victim, other 16 persons, and the community, and prioritizing higher levels of supervision for a 17 defendant accused of serious charges or assessed as moderate or high risk under a 18 pretrial risk assessment. The commissioner may, in accordance with AS 36.30, 19 procure and enter into agreements or contracts for the supervision of defendants on 20 electronic monitoring during the pretrial period. 21 (g) A pretrial services officer may 22 (1) recommend pretrial diversion to the court and parties before 23 adjudication in accordance with the guidelines established by the commissioner under 24 AS 33.07.020(6); 25 (2) arrest, without a warrant, a defendant who has been released while 26 awaiting trial if the officer has probable cause to believe the defendant has committed 27 an offense under AS 11.56.730 or 11.56.757 or has violated the defendant's release 28 conditions; 29 (3) refer interested defendants for substance abuse screening, 30 assessment, and treatment on a voluntary basis and assist any defendant whose offense 31 or criminal history identified a dependency on, abuse of, or addiction to alcohol or
01 controlled substances with accessing and obtaining appropriate treatment in the 02 community to address those needs; 03 (4) recommend that a defendant charged with an offense involving the 04 use of alcohol or controlled substances comply with a program established under 05 AS 47.38.020; and 06 (5) coordinate with community-based organizations and tribal courts 07 and councils to develop and expand pretrial diversion options. 08 Sec. 33.07.040. Pretrial services officers as officers of court. All pretrial 09 services officers shall be available to the superior and district courts and shall be 10 officers of the court. 11 Sec. 33.07.090. Definitions. In this chapter, 12 (1) "commissioner" means the commissioner of corrections; 13 (2) "program" means the pretrial services program. 14 * Sec. 118. AS 33.16.010(c) is amended to read: 15 (c) A prisoner who is not eligible for special medical, administrative, or 16 discretionary parole, or who is not released on special medical, administrative, or 17 discretionary parole, shall be released on mandatory parole for the term of good time 18 deductions credited under AS 33.20, if the term or terms of imprisonment are two 19 years or more. 20 * Sec. 119. AS 33.16.010(d) is amended to read: 21 (d) A prisoner released on special medical, administrative, discretionary, or 22 mandatory parole is subject to the conditions of parole imposed under AS 33.16.150. 23 Parole may be revoked under AS 33.16.220. 24 * Sec. 120. AS 33.16.010 is amended by adding a new subsection to read: 25 (f) A prisoner eligible under AS 33.16.089 shall be released on administrative 26 parole by the board of parole. 27 * Sec. 121. AS 33.16.060(a) is amended to read: 28 (a) The board shall 29 (1) serve as the parole authority for the state; 30 (2) [UPON RECEIPT OF AN APPLICATION,] consider the 31 suitability for parole of a prisoner who is eligible for discretionary parole at least 90
01 days before the prisoner's first date of eligibility and upon receipt of the 02 prisoner's application for special medical [OR DISCRETIONARY] parole; 03 (3) impose parole conditions on all prisoners released under special 04 medical, administrative, discretionary, or mandatory parole; 05 (4) under AS 33.16.210, discharge a person from parole when custody 06 is no longer required; 07 (5) maintain records of the meetings and proceedings of the board; 08 (6) recommend to the governor and the legislature changes in the law 09 administered by the board; 10 (7) recommend to the governor or the commissioner changes in the 11 practices of the department and of other departments of the executive branch 12 necessary to facilitate the purposes and practices of parole; 13 (8) upon request of the governor, review and recommend applicants 14 for executive clemency; and 15 (9) execute other responsibilities prescribed by law. 16 * Sec. 122. AS 33.16 is amended by adding a new section to read: 17 Sec. 33.16.089. Eligibility for administrative parole. (a) A prisoner 18 convicted of a misdemeanor or a class B or C felony that is not a sex offense as 19 defined in AS 12.63.100 or an offense under AS 11.41 who has not been previously 20 convicted of a felony in this or another jurisdiction and who has been sentenced to an 21 active term of imprisonment of at least 181 days shall be released on administrative 22 parole by the board without a hearing if 23 (1) the prisoner has served the greater of 24 (A) one-fourth of the active term of imprisonment imposed; 25 (B) the mandatory minimum term of imprisonment imposed; or 26 (C) a term of imprisonment imposed under AS 12.55.115; 27 (2) the prisoner is not excluded from eligibility for administrative 28 parole by court order; 29 (3) the prisoner has agreed to and signed the conditions of parole under 30 AS 33.16.150; 31 (4) the victim does not request a hearing to consider issues of public
01 safety under AS 33.16.120; and 02 (5) the prisoner has met the requirements of the case plan, including 03 completing programming in the case plan, under AS 33.30.011(8). 04 (b) If a prisoner who is eligible for discretionary parole under AS 33.16.090 05 does not meet the criteria for release on administrative parole under (a) of this section, 06 the board shall consider the prisoner for discretionary parole. 07 (c) If a victim makes a request at least 60 days before the prisoner's earliest 08 parole eligibility date for a hearing under AS 33.16.120, the board shall conduct the 09 hearing not later than 30 days before the prisoner's earliest parole eligibility date. The 10 board may release or deny release of a prisoner on administrative parole after the 11 hearing. 12 (d) The board shall send notice to the victim at least 90 days before the 13 prisoner's earliest parole eligibility date and provide instructions on how to request a 14 hearing under AS 33.16.120. 15 * Sec. 123. AS 33.16.090(a) is amended to read: 16 (a) A prisoner sentenced to an active term of imprisonment of at least 181 17 days and who has not been released on administrative parole as provided in 18 AS 33.16.089 may, in the discretion of the board, be released on discretionary parole 19 if the prisoner 20 (1) has served the amount of time specified under (b) of this section, 21 except that 22 (A) [(1)] a prisoner sentenced to one or more mandatory 99- 23 year terms under AS 12.55.125(a) or one or more definite terms under 24 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 25 (B) [(2)] a prisoner is not eligible for consideration of 26 discretionary parole if made ineligible by order of a court under AS 12.55.115; 27 (C) [(3)] a prisoner imprisoned under AS 12.55.086 is not 28 eligible for discretionary parole unless the actual term of imprisonment is more 29 than one year; or 30 (2) is at least 60 years of age, has served at least 10 years of a 31 sentence for one or more crimes in a single judgment, and has not been convicted
01 of an unclassified felony or a sexual felony as defined in AS 12.55.185. 02 * Sec. 124. AS 33.16.090(b) is amended to read: 03 (b) A prisoner eligible under (a)(1) [(a)] of this section who is sentenced 04 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 05 released on discretionary parole until the prisoner has served the mandatory minimum 06 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 07 imposed, or any term set under AS 12.55.115, whichever is greatest; 08 (2) to a single sentence within or below a presumptive range set out in 09 AS 12.55.125(i)(1) and (2) [AS 12.55.125(c), (d)(2) - (4), (e)(3) AND (4), OR (i)], 10 and has not been allowed by the three-judge panel under AS 12.55.175 to be 11 considered for discretionary parole release, may not be released on discretionary 12 parole until the prisoner has served the term imposed, less good time earned under 13 AS 33.20.010; 14 (3) to a single sentence under AS 12.55.125(i) [AS 12.55.125(c), (d)(2) 15 - (4), (e)(3) AND (4), OR (i)], and has been allowed by the three-judge panel under 16 AS 12.55.175 to be considered for discretionary parole release during the second half 17 of the sentence, may not be released on discretionary parole until 18 (A) the prisoner has served that portion of the active term of 19 imprisonment required by the three-judge panel; and 20 (B) in addition to the factors set out in AS 33.16.100(a), the 21 board determines that 22 (i) the prisoner has successfully completed all 23 rehabilitation programs ordered by the three-judge panel that were 24 made available to the prisoner; and 25 (ii) the prisoner would not constitute a danger to the 26 public if released on parole; 27 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 28 the applicable presumptive range may not be released on discretionary parole until the 29 prisoner has served the greater of the following: 30 (A) an amount of time, less good time earned under 31 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth
01 of the amount of time above the presumptive range; or 02 (B) any term set under AS 12.55.115; 03 (5) to a single sentence under any other provision of law may not be 04 released on discretionary parole until the prisoner has served at least one-fourth of the 05 active term of imprisonment, any mandatory minimum sentence imposed under any 06 provision of law, or any term set under AS 12.55.115, whichever is greatest; 07 (6) to concurrent sentences may not be released on discretionary parole 08 until the prisoner has served the greatest of 09 (A) any mandatory minimum sentence or sentences imposed 10 under any provision of law; 11 (B) any term set under AS 12.55.115; or 12 (C) the amount of time that is required to be served under (1) - 13 (5) of this subsection for the sentence imposed for the primary crime, had that 14 been the only sentence imposed; 15 (7) to consecutive or partially consecutive sentences may not be 16 released on discretionary parole until the prisoner has served the greatest of 17 (A) the composite total of any mandatory minimum sentence or 18 sentences imposed under any provision of law, including AS 12.55.127; 19 (B) any term set under AS 12.55.115; or 20 (C) the amount of time that is required to be served under (1) - 21 (5) of this subsection for the sentence imposed for the primary crime, had that 22 been the only sentence imposed, plus one-quarter of the composite total of the 23 active term of imprisonment imposed as consecutive or partially consecutive 24 sentences imposed for all crimes other than the primary crime; 25 (8) to a single sentence under AS 12.55.125(i)(3) and (4), and has 26 not been allowed by the three-judge panel under AS 12.55.175 to be considered 27 for discretionary parole release, may not be released on discretionary parole until 28 the prisoner has served, after a deduction for good time earned under 29 AS 33.20.010, one-half of the active term of imprisonment imposed. 30 * Sec. 125. AS 33.16.100(a) is amended to read: 31 (a) The board may authorize the release of a prisoner convicted of an
01 unclassified felony who is otherwise eligible under AS 12.55.115 and 02 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability 03 exists that 04 (1) the prisoner will live and remain at liberty without violating any 05 laws or conditions imposed by the board; 06 (2) the prisoner's rehabilitation and reintegration into society will be 07 furthered by release on parole; 08 (3) the prisoner will not pose a threat of harm to the public if released 09 on parole; and 10 (4) release of the prisoner on parole would not diminish the 11 seriousness of the crime. 12 * Sec. 126. AS 33.16.100(b) is amended to read: 13 (b) If the board finds a change in circumstances in a prisoner's preparole 14 reports listed in AS 33.16.110(a) [PAROLE RELEASE PLAN SUBMITTED 15 UNDER AS 33.16.130(a)], or discovers new information concerning a prisoner who 16 has been granted a parole release date, the board may rescind or revise the previously 17 granted parole release date. In reconsidering the release date, the procedures set out in 18 AS 33.16.130 [AS 33.16.130(b) AND (c)] shall be followed. 19 * Sec. 127. AS 33.16.100 is amended by adding new subsections to read: 20 (f) The board shall authorize the release of a prisoner who has been convicted 21 of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole 22 under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created 23 under AS 33.30.011(8), has agreed to and signed the condition of parole under 24 AS 33.16.150, and has not been released on administrative parole under AS 33.16.089, 25 unless the board finds by clear and convincing evidence on the record that the prisoner 26 poses a threat of harm to the public if released on parole. If the board finds that the 27 incomplete case plan is not the fault of the prisoner or that the prisoner would not pose 28 a threat of harm to the public if released on parole, the board may waive the case plan 29 requirement. 30 (g) When considering a prisoner for release on discretionary parole under 31 AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the
01 prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior 02 in prison, participation in treatment, and plans for reentering the community, a 03 reasonable probability exists that 04 (1) the prisoner will live and remain at liberty without violating any 05 laws or conditions imposed by the board; 06 (2) the prisoner's rehabilitation and reintegration into society will be 07 furthered by release on parole; 08 (3) the prisoner will not pose a threat of harm to the public if released 09 on parole; and 10 (4) release of the prisoner on parole would not diminish the 11 seriousness of the crime. 12 * Sec. 128. AS 33.16.110(a) is amended to read: 13 (a) In determining whether a prisoner is suitable for discretionary parole, the 14 board shall consider the preparole reports including 15 (1) the presentence report made to the sentencing court; 16 (2) the recommendations made by the sentencing court, by the 17 prosecuting attorney, and by the defense attorney, and any statements made by the 18 victim or the prisoner at sentencing; 19 (3) the prisoner's institutional conduct history while incarcerated; 20 (4) recommendations made by the staff of the correctional facilities in 21 which the prisoner was incarcerated; 22 (5) reports of prior crimes, juvenile histories, and previous experiences 23 of the prisoner on parole or probation; 24 (6) physical, mental, and psychiatric examinations of the prisoner; 25 (7) information submitted by the prisoner, the sentencing court, the 26 victim of the crime, the prosecutor, or other persons having knowledge of the prisoner 27 or the crime; 28 (8) information concerning an unjustified disparity in the sentence 29 imposed on a prisoner in relation to other sentences imposed under similar 30 circumstances; 31 (9) the case plan created under AS 33.30.011(8) for the prisoner,
01 including a compliance report on the case plan; 02 (10) a reentry plan created under AS 33.30.011(9); and 03 (11) [AND (9)] other relevant information that may be reasonably 04 available. 05 * Sec. 129. AS 33.16.120(a) is amended to read: 06 (a) If the victim of a crime against a person or arson in the first degree 07 requests notice of a scheduled hearing to review or consider discretionary parole for a 08 prisoner convicted of that crime, the board shall send notice of the hearing to the 09 victim at least 30 days before the hearing. The notice must be accompanied by a copy 10 of the prisoner's parole plan submitted to the board [APPLICATION FOR 11 PAROLE SUBMITTED UNDER AS 33.16.130(a)]. However, the copy of the parole 12 plan [APPLICATION] sent to the victim may not include the prisoner's confidential 13 health information, information protected under AS 33.16.170, proposed 14 residence, or [AND] employment addresses. 15 * Sec. 130. AS 33.16.120(f) is amended to read: 16 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 17 33.16.089, or 33.16.090, the board shall make every reasonable effort to notify the 18 victim before the prisoner's release date. Notification under this subsection must 19 include the expected date of the prisoner's release, the geographic area in which the 20 prisoner is required to reside, and other pertinent information concerning the prisoner's 21 conditions of parole that may affect the victim. 22 * Sec. 131. AS 33.16.120(g) is amended to read: 23 (g) A victim of a crime involving domestic violence or of a sexual assault 24 under AS 11.41.410 - 11.41.427 shall be informed by the board at least 30 days in 25 advance of a scheduled hearing to review or consider [DISCRETIONARY] parole for 26 a prisoner. The board shall inform the victim of any decision to grant or deny 27 [DISCRETIONARY] parole or to release the prisoner under AS 33.16.010(c). If the 28 prisoner is to be released, the victim shall be notified of the expected date of the 29 release, the geographic area in which the prisoner will reside, and any other 30 information concerning conditions of parole that may affect the victim. The victim 31 shall also be informed of any changes in the conditions of parole that may affect the
01 victim. The board shall send the notice required to the last known address of the 02 victim. A person may not bring a civil action for damages for a failure to comply with 03 the provisions of this subsection. 04 * Sec. 132. AS 33.16.120 is amended by adding a new subsection to read: 05 (h) A victim who has a right to notice under (a) of this section may request a 06 hearing before a prisoner is released on administrative parole under AS 33.16.089. The 07 notice to the victim must include the procedure and time frame for requesting a 08 hearing. 09 * Sec. 133. AS 33.16.130 is repealed and reenacted to read: 10 Sec. 33.16.130. Parole procedures. (a) The parole board shall hold a hearing 11 before granting an eligible prisoner special medical or discretionary parole. The board 12 shall also hold a hearing if requested by a victim under procedures established for the 13 request for a prisoner eligible for administrative parole. A hearing shall be conducted 14 within the following time frames: 15 (1) for prisoners eligible under AS 33.16.100(a) or (f), not less than 90 16 days before the first parole eligibility date, unless the prisoner is eligible for 17 administrative parole; 18 (2) for all other prisoners, not less than 30 days after the board is 19 notified of the need for a hearing by the commissioner or the commissioner's designee. 20 (b) The commissioner or the commissioner's designee shall furnish to the 21 prisoner a copy of the preparole reports listed in AS 33.16.110(a), and the prisoner 22 shall be permitted access to all records that the board will consider in making its 23 decision except those that are made confidential by law. The prisoner may also 24 respond in writing to all materials the board considers, be present at the hearing, and 25 present evidence to the board. 26 (c) If the board denies parole, the board shall state the reasons for the denial, 27 identify all of the factors considered relevant to the denial, and provide a written plan 28 for addressing all of the factors relevant to the denial. The board may schedule a 29 subsequent parole hearing at the time of the denial or at a later date as follows: 30 (1) for the first parole denial, within two years after the first parole 31 eligibility date;
01 (2) for the second and subsequent denials, within two years after the 02 most recent parole hearing. 03 (d) The board shall issue its decision in writing and provide a copy of the 04 decision to the prisoner. 05 * Sec. 134. AS 33.16.140 is amended to read: 06 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 07 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 08 custody ends, shall be furnished to each prisoner released on special medical, 09 administrative, discretionary, or mandatory parole. 10 * Sec. 135. AS 33.16.150(a) is amended to read: 11 (a) As a condition of parole, a prisoner released on special medical, 12 administrative, discretionary, or mandatory parole 13 (1) shall obey all state, federal, or local laws or ordinances, and any 14 court orders applicable to the parolee; 15 (2) shall make diligent efforts to maintain steady employment or meet 16 family obligations; 17 (3) shall, if involved in education, counseling, training, or treatment, 18 continue in the program unless granted permission from the parole officer assigned to 19 the parolee to discontinue the program; 20 (4) shall report 21 (A) upon release to the parole officer assigned to the parolee; 22 (B) at other times, and in the manner, prescribed by the board 23 or the parole officer assigned to the parolee; 24 (5) shall reside at a stated place and not change that residence without 25 notifying, and receiving permission from, the parole officer assigned to the parolee; 26 (6) shall remain within stated geographic limits unless written 27 permission to depart from the stated limits is granted the parolee; 28 (7) may not use, possess, handle, purchase, give, distribute, or 29 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 30 drug for which a prescription is required under state or federal law without a 31 prescription from a licensed medical professional to the parolee;
01 (8) may not possess or control a firearm; in this paragraph, "firearm" 02 has the meaning given in AS 11.81.900; 03 (9) may not enter into an agreement or other arrangement with a law 04 enforcement agency or officer that will place the parolee in the position of violating a 05 law or parole condition without the prior approval of the board; 06 (10) may not contact or correspond with anyone confined in a 07 correctional facility of any type serving any term of imprisonment or a felon without 08 the permission of the parole officer assigned to a parolee; 09 (11) shall agree to waive extradition from any state or territory of the 10 United States and to not contest efforts to return the parolee to the state; 11 (12) shall provide a blood sample, an oral sample, or both, when 12 requested by a health care professional acting on behalf of the state to provide the 13 sample or samples, or an oral sample when requested by a juvenile or adult 14 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 15 released after a conviction of an offense requiring the state to collect the sample or 16 samples for the deoxyribonucleic acid identification system under AS 44.41.035; 17 (13) from a conviction for a sex offense shall submit to regular 18 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning 19 given in AS 12.63.100. 20 * Sec. 136. AS 33.16.150(b) is amended to read: 21 (b) The board may require as a condition of special medical, administrative, 22 discretionary, or mandatory parole, or a member of the board acting for the board 23 under (e) of this section may require as a condition of administrative or mandatory 24 parole, that a prisoner released on parole 25 (1) not possess or control a defensive weapon, a deadly weapon other 26 than an ordinary pocket knife with a blade three inches or less in length, or 27 ammunition for a firearm, or reside in a residence where there is a firearm capable of 28 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 29 weapon," "defensive weapon," and "firearm" have the meanings given in 30 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 31 (2) refrain from possessing or consuming alcoholic beverages;
01 (3) submit to reasonable searches and seizures by a parole officer, or a 02 peace officer acting under the direction of a parole officer; 03 (4) submit to appropriate medical, mental health, or controlled 04 substance or alcohol examination, treatment, or counseling; 05 (5) submit to periodic examinations designed to detect the use of 06 alcohol or controlled substances; the periodic examinations may include testing under 07 the program established under AS 33.16.060(c); 08 (6) make restitution ordered by the court according to a schedule 09 established by the board; 10 (7) refrain from opening, maintaining, or using a checking account or 11 charge account; 12 (8) refrain from entering into a contract other than a prenuptial contract 13 or a marriage contract; 14 (9) refrain from operating a motor vehicle; 15 (10) refrain from entering an establishment where alcoholic beverages 16 are served, sold, or otherwise dispensed; 17 (11) refrain from participating in any other activity or conduct 18 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 19 current circumstances, or perceived risk to the community, or from associating with 20 any other person that the board determines is reasonably likely to diminish the 21 rehabilitative goals of parole, or that may endanger the public; in the case of special 22 medical parole, for a prisoner diagnosed with a communicable disease, comply with 23 conditions set by the board designed to prevent the transmission of the disease. 24 * Sec. 137. AS 33.16.150(e) is amended to read: 25 (e) The board may designate a member of the board to act on behalf of the 26 board in imposing conditions of administrative or mandatory parole under (a) and (b) 27 of this section, in delegating imposition of conditions of administrative or mandatory 28 parole under (c) of this section, and in setting the period of compliance with the 29 conditions of administrative or mandatory parole under (d) of this section. The 30 decision of a member of the board under this section is the decision of the board. A 31 prisoner or parolee aggrieved by a decision of a member of the board acting for the
01 board under this subsection may apply to the board under AS 33.16.160 for a change 02 in the conditions of administrative or mandatory parole. 03 * Sec. 138. AS 33.16.150(f) is amended to read: 04 (f) In addition to other conditions of parole imposed under this section, the 05 board may impose as a condition of special medical, administrative, discretionary, or 06 mandatory parole for a prisoner serving a term for a crime involving domestic 07 violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a 08 requirement that, at the prisoner's expense, the prisoner participate in and complete, to 09 the satisfaction of the board, a program for the rehabilitation of perpetrators of 10 domestic violence that meets the standards set by, and that is approved by, the 11 department under AS 44.28.020(b); and (3) any other condition necessary to 12 rehabilitate the prisoner. The board shall establish procedures for the exchange of 13 information concerning the parolee with the victim and for responding to reports of 14 nonattendance or noncompliance by the parolee with conditions imposed under this 15 subsection. The board may not under this subsection require a prisoner to participate 16 in and complete a program for the rehabilitation of perpetrators of domestic violence 17 unless the program meets the standards set by, and is approved by, the department 18 under AS 44.28.020(b). 19 * Sec. 139. AS 33.16.150(g) is amended to read: 20 (g) In addition to other conditions of parole imposed under this section for a 21 prisoner serving a sentence for an offense where the aggravating factor provided in 22 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 23 condition of special medical, administrative, discretionary, and mandatory parole a 24 requirement that the prisoner submit to electronic monitoring. Electronic monitoring 25 under this subsection must comply with AS 33.30.011(10) and provide for 26 monitoring of the prisoner's location and movements by Global Positioning System 27 technology. The board shall require a prisoner serving a period of parole 28 [PROBATION] with electronic monitoring as provided under this subsection to pay 29 all or a portion of the costs of the electronic monitoring, but only if the prisoner has 30 sufficient financial resources to pay the costs or a portion of the costs. A prisoner 31 subject to electronic monitoring under this subsection is not entitled to a credit for
01 time served in a correctional facility while the defendant is on parole. In this 02 subsection, "correctional facility" has the meaning given in AS 33.30.901. 03 * Sec. 140. AS 33.16.150 is amended by adding new subsections to read: 04 (h) In addition to other conditions of parole imposed under this section, for a 05 prisoner serving a sentence for an offense involving the use of alcohol or controlled 06 substances, the board may impose, as a condition of special medical, administrative, 07 discretionary, or mandatory parole, a requirement that the prisoner comply with a 08 program established under AS 33.16.060(c) or AS 47.38.020. The board may require a 09 prisoner serving a period of parole and complying with a program established under 10 AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of the costs associated with 11 the program. 12 (i) In addition to other conditions of parole imposed under this section, for a 13 prisoner who is serving a sentence for an offense involving the use of alcohol and 14 whom the board has ordered to refrain from possessing or consuming alcoholic 15 beverages, the board shall require the surrender of the person's driver's license or 16 identification card, forward the license or identification card to the department, and 17 impose as a condition of parole that, if the parolee is eligible for a driver's license or 18 identification card, the parolee shall apply to the department for a new license or 19 identification card with a restriction imposed on the person under AS 04.16.160. The 20 board shall notify the department of the board's order under this subsection by 21 providing a copy of the board's order. Upon discharge from parole, the board shall 22 notify the department of the parolee's discharge. In this subsection, "department" 23 means the Department of Administration. 24 * Sec. 141. AS 33.16.180 is amended to read: 25 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 26 (1) conduct investigations of prisoners eligible for administrative or 27 discretionary parole, as requested by the board and as provided in this section; 28 (2) supervise the conduct of parolees; 29 (3) appoint and assign parole officers and personnel; 30 (4) provide the board, within 30 days after sentencing, information on 31 a sentenced prisoner who may be eligible for administrative parole under
01 AS 33.16.089 or discretionary parole under AS 33.16.090; 02 (5) notify the board and provide information on a prisoner 120 days 03 before the prisoner's mandatory release date, if the prisoner is to be released on [TO] 04 mandatory parole; [AND] 05 (6) maintain records, files, and accounts as requested by the board; 06 (7) prepare preparole reports under AS 33.16.110(a); 07 (8) notify the board in writing of a prisoner's compliance or 08 noncompliance with the prisoner's case plan created under AS 33.30.011(8) not 09 less than 30 days before the prisoner's next parole eligibility date or the 10 prisoner's parole hearing date, whichever is earlier; 11 (9) establish an administrative sanction and incentive program to 12 facilitate a swift and certain response to a parolee's compliance with or violation 13 of the conditions of parole and shall adopt regulations to implement the program; 14 at a minimum, the regulations must include 15 (A) a decision-making process to guide parole officers in 16 determining the suitable response to positive and negative offender 17 behavior that includes a list of sanctions for the most common types of 18 negative behavior, including technical violations of conditions of parole, 19 and a list of incentives for compliance with conditions and positive 20 behavior that exceeds those conditions; 21 (B) policies and procedures that ensure 22 (i) a process for responding to negative behavior 23 that includes a review of previous violations and sanctions; 24 (ii) that enhanced sanctions for certain negative 25 conduct are approved by the commissioner or the commissioner's 26 designee; and 27 (iii) that appropriate due process protections are 28 included in the process, including notice of negative behavior, an 29 opportunity to dispute the accusation and the sanction, and an 30 opportunity to request a review of the accusation and the sanction; 31 and
01 (10) within 30 days after sentencing of an offender, provide the 02 victim of a crime information on the earliest dates the offender could be released 03 on furlough, probation, or parole, including deductions or reductions for good 04 time or other good conduct incentives, and the process for release, including 05 contact information for the decision-making bodies. 06 * Sec. 142. AS 33.16.200 is amended to read: 07 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 08 board retains custody of special medical, administrative, discretionary, and 09 mandatory parolees until the expiration of the maximum term or terms of 10 imprisonment to which the parolee is sentenced. 11 * Sec. 143. AS 33.16.210 is amended to read: 12 Sec. 33.16.210. Discharge of parolee. (a) The board may unconditionally 13 discharge a parolee from the jurisdiction and custody of the board after the parolee has 14 completed one year [TWO YEARS] of parole. A discretionary parolee with a residual 15 period of probation may, after one year [TWO YEARS] of parole, be discharged by 16 the board to immediately begin serving the residual period of probation. 17 (b) Notwithstanding (a) of this section, the board may unconditionally 18 discharge a mandatory parolee before the parolee has completed one year [TWO 19 YEARS] of parole if the parolee is serving a concurrent period of residual probation 20 under AS 33.20.040(c), and the period of residual probation and the period of 21 suspended imprisonment each equal or exceed the period of mandatory parole. 22 * Sec. 144. AS 33.16.210 is amended by adding a new subsection to read: 23 (c) A parole officer shall recommend to the board early discharge for a parolee 24 who 25 (1) has completed at least one year on parole; 26 (2) has completed all treatment programs required as a condition of 27 parole; 28 (3) has not been found in violation of conditions of parole by the board 29 for at least one year; and 30 (4) has not been convicted of 31 (A) an unclassified felony offense under AS 11;
01 (B) a sexual felony as defined in AS 12.55.185; or 02 (C) a crime involving domestic violence as defined in 03 AS 18.66.990. 04 * Sec. 145. AS 33.16 is amended by adding a new section to read: 05 Sec. 33.16.215. Sanctions for technical violations and other violations of 06 parole. (a) If a parolee is serving a period of parole for an offense, the board may find 07 that the parolee has committed a technical violation of parole. If the board finds that a 08 parolee has committed a technical violation of parole that does not include 09 absconding, the board may reinstate the term of parole with appropriate conditions or 10 revoke parole and impose a term of imprisonment of not more than 11 (1) three days for the first parole revocation; 12 (2) five days for the second parole revocation; 13 (3) 10 days for the third parole revocation; and 14 (4) the remainder of the sentence for a fourth or subsequent parole 15 revocation. 16 (b) If the board revokes a parolee's parole for absconding, the board may 17 impose a period of imprisonment not to exceed 30 days. 18 (c) The limits on length of imprisonment the board may impose under this 19 section if the board revokes a parolee's parole do not apply if the parolee is enrolled in 20 the program established under AS 33.16.060(c). 21 (d) If the defendant is ordered to complete treatment under AS 33.16.150(a)(3) 22 and does not comply with the board's order, the board may order the parolee to show 23 cause why the board should not revoke the parole for noncompletion of treatment. In a 24 parole revocation proceeding brought as a result of failure to complete treatment, it is 25 an affirmative defense that the parolee was unable to afford the cost of treatment or 26 secure a place in a free treatment program, despite having made continuing good faith 27 efforts. If the board finds that the parolee was unable to complete treatment despite 28 having made continuing good faith efforts, the parole may not be revoked solely 29 because of an inability to pay. If the board does not find that the noncompletion of 30 treatment was attributable to the parolee's inability to pay, the board may revoke 31 parole subject to the limits established in this section.
01 (e) Notwithstanding (a) of this section, the board may not find a technical 02 violation under this section if a person convicted of a sex offense as defined in 03 AS 12.63.100 violates a special condition of parole that is similar to a probation 04 condition described in AS 12.55.100(e). 05 (f) In this section, 06 (1) "absconding" means failing to report within five working days after 07 release from custody under AS 33.20.030 or failing to report for a scheduled meeting 08 with a parole officer, as directed by the board or the parole officer, and failing to make 09 contact with the parole officer within 30 days following the missed meeting; 10 (2) "technical violation" means a violation of the conditions of parole 11 that does not constitute 12 (A) a new criminal offense; 13 (B) failing to complete sex offender treatment; or 14 (C) failing to complete an intervention program for batterers. 15 * Sec. 146. AS 33.16.220(b) is amended to read: 16 (b) Except as provided in (e) of this section, within 15 working days after the 17 arrest and incarceration of a parolee for violation of a condition of parole, other than 18 a technical violation under AS 33.16.215, the board or its designee shall hold a 19 preliminary hearing. At the preliminary hearing, the board or its designee shall 20 determine if there is probable cause to believe that the parolee violated the conditions 21 of parole and, when probable cause exists, whether the parolee should be released 22 pending a final revocation hearing. A finding of probable cause at a preliminary 23 hearing in a criminal case is conclusive proof of probable cause that a parole violation 24 occurred. 25 * Sec. 147. AS 33.16.220(f) is amended to read: 26 (f) If a parolee has had a preliminary hearing under (b) of this section, the 27 [THE] board shall hold a final revocation hearing not [NO] later than 120 days after a 28 parolee's arrest, subject to restrictions arising under AS 33.36.110 and (g) of this 29 section. 30 * Sec. 148. AS 33.16.220(i) is amended to read: 31 (i) If, after the final revocation hearing, the board finds that the parolee has
01 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 02 ordinance, the board may revoke all or a portion of the remaining period of parole 03 subject to the limits set out in AS 33.16.215, or change any condition of parole. A 04 parolee's period of parole is tolled from the date of filing with the parole board of 05 a violation report for absconding and the date of the parolee's arrest, if the 06 parole board finds, after a hearing, that the parolee violated parole by 07 absconding, as defined in AS 33.16.215(f). The board may not extend the period 08 of parole beyond the maximum release date calculated by the department on the 09 parolee's original sentence plus any time that has been tolled as described in this 10 section. 11 * Sec. 149. AS 33.16.220 is amended by adding a new subsection to read: 12 (j) If a parolee has been arrested for a technical violation of conditions of 13 parole, the board or its designee shall hold a final hearing within 15 working days. 14 * Sec. 150. AS 33.16.240 is amended by adding new subsections to read: 15 (h) A parolee arrested under this section for a technical violation shall be 16 released once the parolee has served the maximum number of days that could be 17 served for a technical violation under AS 33.16.215. Nothing in this subsection 18 prohibits the board or its designee from releasing a parolee sooner. 19 (i) The board or its designee may impose additional conditions necessary to 20 ensure the parolee's appearance at a hearing held under AS 33.16.220(h). 21 * Sec. 151. AS 33.16 is amended by adding a new section to read: 22 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 23 by regulation a program allowing parolees to earn credits for complying with the 24 conditions of parole. The earned compliance credits reduce the period of parole. 25 Nothing in this section prohibits the department from recommending to the board the 26 early discharge of the parolee as provided in this chapter. At a minimum, the 27 regulations must 28 (1) require that a parolee earn a credit of 30 days for each 30-day 29 period served in which the parolee complied with the conditions of parole; 30 (2) include policies and procedures for 31 (A) calculating and tracking credits earned by parolees;
01 (B) reducing the parolee's period of parole based on credits 02 earned by the parolee and notifying a victim under AS 33.30.013. 03 * Sec. 152. AS 33.16.900 is amended by adding new paragraphs to read: 04 (14) "administrative parole" means the release of a prisoner who is 05 eligible for administrative parole under AS 33.16.089 and who has satisfied the 06 criteria for release, subject to conditions imposed by the board and subject to its 07 custody and jurisdiction; 08 (15) "administrative sanctions and incentives" means responses by a 09 parole officer to a parolee's compliance with or violation of the conditions of parole 10 under AS 33.16.180. 11 * Sec. 153. AS 33.20.010(a) is amended to read: 12 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner 13 convicted of an offense against the state or a political subdivision of the state and 14 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 15 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 16 follows the rules of the correctional facility in which the prisoner is confined. A 17 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 18 (1) to a mandatory 99-year term of imprisonment under 19 AS 12.55.125(a) after June 27, 1996; 20 (2) to a definite term under AS 12.55.125(l); [OR] 21 (3) for a sexual felony under AS 12.55.125(i) 22 (A) and has one or more prior sexual felony convictions as 23 determined under AS 12.55.145(a)(4); or 24 (B) that is an unclassified or a class A felony; or 25 (4) to a definite term of imprisonment of not more than 10 days for 26 a technical violation of AS 12.55.110(c) or AS 33.16.215. 27 * Sec. 154. AS 33.20.010(c) is repealed and reenacted to read: 28 (c) A prisoner is entitled to a good time deduction under (a) of this section for 29 any time spent under electronic monitoring or in a residential program for treatment of 30 alcohol or drug abuse under a prerelease furlough as provided in AS 33.30.101. 31 * Sec. 155. AS 33.30.011 is amended to read:
01 Sec. 33.30.011. Duties of commissioner. The commissioner shall 02 (1) establish, maintain, operate, and control correctional facilities 03 suitable for the custody, care, and discipline of persons charged or convicted of 04 offenses against the state or held under authority of state law; each correctional facility 05 operated by the state shall be established, maintained, operated, and controlled in a 06 manner that is consistent with AS 33.30.015; 07 (2) classify prisoners; 08 (3) for persons committed to the custody of the commissioner, 09 establish programs, including furlough programs that are reasonably calculated to 10 (A) protect the public and the victims of crimes committed by 11 prisoners; 12 (B) maintain health; 13 (C) create or improve occupational skills; 14 (D) enhance educational qualifications; 15 (E) support court-ordered restitution; and 16 (F) otherwise provide for the rehabilitation and reformation of 17 prisoners, facilitating their reintegration into society; 18 (4) provide necessary 19 (A) medical services for prisoners in correctional facilities or 20 who are committed by a court to the custody of the commissioner, including 21 examinations for communicable and infectious diseases; 22 (B) psychological or psychiatric treatment if a physician or 23 other health care provider, exercising ordinary skill and care at the time of 24 observation, concludes that 25 (i) a prisoner exhibits symptoms of a serious disease or 26 injury that is curable or may be substantially alleviated; and 27 (ii) the potential for harm to the prisoner by reason of 28 delay or denial of care is substantial; and 29 (C) assessment or screening of the risks and needs of offenders 30 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 31 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based
01 disorder; 02 (5) establish minimum standards for sex offender treatment programs 03 offered to persons who are committed to the custody of the commissioner; 04 (6) provide for fingerprinting in correctional facilities in accordance 05 with AS 12.80.060; [AND] 06 (7) establish a program to conduct assessments of the risks and needs 07 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 08 to the legislature, by electronic means, by January 15, 2017, and thereafter by 09 January 15, preceding the first regular session of each legislature, a report 10 summarizing the findings and results of the program; the program must include a 11 requirement for an assessment before a prisoner's release on parole, furlough, or 12 electronic monitoring from a correctional facility; 13 (8) establish a procedure that provides for each prisoner required 14 to serve an active term of imprisonment of 30 days or more a written case plan 15 that 16 (A) is provided to the prisoner within 90 days after 17 sentencing; 18 (B) is based on the results of the assessment of the 19 prisoner's risks and needs under (7) of this section; 20 (C) includes a requirement to follow the rules of the 21 institution; 22 (D) is modified when necessary for changes in classification, 23 housing status, medical or mental health, and resource availability; 24 (E) includes participation in programming that addresses 25 the needs identified in the assessment; 26 (9) establish a program to begin reentry planning with each 27 prisoner serving an active term of imprisonment of 90 days or more; reentry 28 planning must begin at least 90 days before release on furlough or probation or 29 parole; the reentry program must include 30 (A) a written reentry plan for each prisoner completed 31 upon release on furlough or probation or parole that includes information
01 on the prisoner's proposed 02 (i) residence; 03 (ii) employment or alternative means of support; 04 (iii) treatment options; 05 (iv) counseling services; 06 (v) education or job training services; 07 (B) any other requirements for successful transition back to 08 the community, including electronic monitoring or furlough for the period 09 between a scheduled parole hearing and parole eligibility; 10 (C) coordination with the Department of Labor and 11 Workforce Development to provide access, after release, to job training 12 and employment assistance; 13 (10) for offenders under electronic monitoring, establish 14 (A) minimum standards for electronic monitoring, which 15 may include the requirement of active, real-time monitoring using global 16 positioning systems; and 17 (B) procedures for oversight and approving electronic 18 monitoring programs and systems provided by private contractors; and 19 (11) assist a prisoner in obtaining a valid state identification card if 20 the prisoner does not have a valid state identification card before the prisoner's 21 release; the department shall pay the application fee for the identification card. 22 * Sec. 156. AS 33.30.013(a) is amended to read: 23 (a) The commissioner shall notify the victim if the offender 24 (1) escapes from custody; 25 (2) is discharged from parole under AS 33.16; or 26 (3) is released to the community on a furlough, on an early release 27 program, or for any other reason. 28 * Sec. 157. AS 33.30.065(a) is amended to read: 29 (a) If the commissioner designates a prisoner to serve the prisoner's term of 30 imprisonment or period of temporary commitment, or a part of the term or period, by 31 electronic monitoring, the commissioner shall direct the prisoner to serve the term or
01 period at the prisoner's residence or other place selected by the commissioner. The 02 electronic monitoring shall be administered by the department or by a private 03 contractor approved by the department under AS 33.30.011(10)(B) and shall be 04 designed so that any attempt to remove, tamper with, or disable the monitoring 05 equipment or to leave the place selected for the service of the term or period will result 06 in a report or notice to the department. 07 * Sec. 158. AS 33.30 is amended by adding a new section to read: 08 Sec. 33.30.095. Duties of commissioner before release of prisoner. (a) The 09 commissioner shall establish a program to prepare a prisoner who is serving a sentence 10 of imprisonment exceeding one year for the prisoner's discharge, release on parole or 11 probation, or prerelease furlough under AS 33.30.111 that begins 90 days before the 12 date of the prisoner's discharge, release, or furlough. 13 (b) The program established under (a) of this section must include 14 (1) instruction on 15 (A) obtaining state identification; 16 (B) community resources available for housing, employment, 17 and treatment; 18 (2) an individualized reentry plan under AS 33.30.011(9) for the 19 prisoner; 20 (3) probation and parole orientation, if appropriate; and 21 (4) a partnership with one or more nonprofit organizations to allow 22 access to a prisoner before the prisoner's discharge, release, or furlough to assist the 23 prisoner with the prisoner's application for Medicaid, social security benefits, public 24 assistance under AS 47.25, and a state identification card or driver's license and 25 provide other programs to assist the prisoner's transition into the community, promote 26 rehabilitation, and reduce recidivism. 27 * Sec. 159. AS 33.30.151 is amended to read: 28 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall 29 establish correctional restitution centers in the state. The purpose of the centers is to 30 provide certain offenders with rehabilitation through comprehensive treatment for 31 substance abuse, cognitive behavioral disorders, and other criminal risk factors,
01 including aftercare support, community service, and employment, while protecting 02 the community through partial incarceration of the offender, and to create a means to 03 provide restitution to victims of crimes. 04 (b) The commissioner shall adopt regulations setting standards for the 05 operation of the centers including 06 (1) requirements that the centers be secure and in compliance with 07 state and local safety laws; 08 (2) standards for disciplinary rules to be imposed on prisoners confined 09 to the centers; 10 (3) standards for the granting of emergency absence to prisoners 11 confined to the centers; 12 (4) standards for classifying prisoners to centers; 13 (5) standards for mandatory employment and participation in 14 community service programs in each center; [AND] 15 (6) standards for periodic review of the performance of prisoners 16 confined to the centers and quality assurance measures to ensure centers are 17 meeting state standards and contractual obligations; 18 (7) standards for the provision of treatment, including substance 19 abuse treatment, cognitive behavioral therapy, and aftercare designed to address 20 an offender's individual criminogenic needs; and 21 (8) standards and a process to assess an offender's risk of 22 recidivating and the criminal risk factors and needs that reduce the risk of 23 recidivating and ensure that 24 (A) high risk offenders with moderate to high needs are a 25 priority for acceptance into a correctional restitution center; and 26 (B) centers establish internal procedures to limit the mixing 27 of low and high risk prisoners. 28 * Sec. 160. AS 34.03.360(7) is amended to read: 29 (7) "illegal activity involving a controlled substance" means a violation 30 of AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8) [11.71.020(a), 11.71.030(a)(1) 31 OR (2)], or 11.71.040(a)(1), (2), or (5);
01 * Sec. 161. AS 43.23.065(b) is amended to read: 02 (b) An exemption is not available under this section for permanent fund 03 dividends taken to satisfy 04 (1) child support obligations required by court order or decision of the 05 child support services agency under AS 25.27.140 - 25.27.220; 06 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 07 12.55.100, or AS 47.12.120(b)(4); 08 (3) claims on defaulted education loans under AS 43.23.067; 09 (4) court ordered fines; 10 (5) writs of execution under AS 09.35 of a judgment that is entered 11 (A) against a minor in a civil action to recover damages and 12 court costs; 13 (B) under AS 09.65.255 against the parent, parents, or legal 14 guardian of an unemancipated minor; 15 (6) a debt owed by an eligible individual to an agency of the state, 16 including the University of Alaska, unless the debt is contested and an appeal is 17 pending, or the time limit for filing an appeal has not expired; 18 (7) a debt owed to a person for a program for the rehabilitation of 19 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 20 AS 25.20.061(3), or AS 33.16.150(f)(2); 21 (8) a judgment for unpaid rent or damage owed to a landlord by an 22 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 23 meaning given in AS 34.03.360; 24 (9) court-ordered forfeiture of an appearance or performance 25 bond under AS 12.30.075. 26 * Sec. 162. AS 43.61.010 is amended by adding new subsections to read: 27 (c) The recidivism reduction fund is established in the general fund. The 28 Department of Administration shall separately account for 50 percent of the tax 29 collected under this section and deposit it into the recidivism reduction fund. 30 (d) The legislature may use the annual estimated balance in the fund to make 31 appropriations to the Department of Corrections, the Department of Health and Social
01 Services, or the Department of Public Safety for recidivism reduction programs. 02 (e) Nothing in this section creates a dedicated fund. 03 * Sec. 163. AS 44.19.645 is amended to read: 04 Sec. 44.19.645. Powers and duties of the commission. (a) The commission 05 shall evaluate the effect of sentencing laws and criminal justice practices on the 06 criminal justice system to evaluate whether those sentencing laws and criminal justice 07 practices provide for protection of the public, community condemnation of the 08 offender, the rights of victims of crimes, the rights of the accused and the person 09 convicted, restitution from the offender, and the principle of reformation. The 10 commission shall make recommendations for improving criminal sentencing practices 11 and criminal justice practices, including rehabilitation and restitution. The 12 commission shall annually make recommendations to the governor and the 13 legislature on how savings from criminal justice reforms should be reinvested to 14 reduce recidivism. In formulating its recommendations, the commission shall 15 consider 16 (1) statutes, court rules, and court decisions relevant to sentencing of 17 criminal defendants in misdemeanor and felony cases; 18 (2) sentencing practices of the judiciary, including use of presumptive 19 sentences; 20 (3) means of promoting uniformity, proportionality, and accountability 21 in sentencing; 22 (4) alternatives to traditional forms of incarceration; 23 (5) the efficacy of parole and probation in ensuring public safety, 24 achieving rehabilitation, and reducing recidivism; 25 (6) the adequacy, availability, and effectiveness of treatment and 26 rehabilitation programs; 27 (7) crime and incarceration rates, including the rate of violent crime 28 and the abuse of controlled substances, in this state compared to other states, and best 29 practices adopted by other states that have proven to be successful in reducing 30 recidivism; 31 (8) the relationship between sentencing priorities and correctional
01 resources; 02 (9) the effectiveness of the state's current methodologies for the 03 collection and dissemination of criminal justice data; and 04 (10) whether the schedules for controlled substances in AS 11.71.140 - 05 11.71.190 are reasonable and appropriate, considering the criteria established in 06 AS 11.71.120(c). 07 (b) The commission may 08 (1) recommend legislative and administrative action on criminal justice 09 practices; [AND] 10 (2) select and retain the services of consultants as necessary; 11 (3) appoint a working group to review and analyze the 12 implementation of the recommendations made in the justice reinvestment report 13 in December 2015, and other recommendations issued by the commission, and 14 regularly report to the commission on the status of the implementation; a 15 working group may include representatives of criminal justice agencies and key 16 constituencies who are not members of the commission; and 17 (4) enter into data-sharing agreements with the Justice Center at 18 the University of Alaska, the Alaska Judicial Council, or other research 19 institutions for the purposes of analyzing data and performance metrics. 20 * Sec. 164. AS 44.19.645 is amended by adding new subsections to read: 21 (c) The commission shall 22 (1) receive and analyze data collected by agencies and entities charged 23 with implementing the recommendations of the 2015 justice reinvestment report and 24 other recommendations issued by the commission and who are collecting data during 25 the implementation and management of specific commission recommendations; 26 (2) track and assess outcomes from the recommendations the 27 commission has made and corresponding criminal justice reforms; 28 (3) request, receive, and review data and reports on performance 29 outcome data relating to criminal justice reform; 30 (4) appoint a working group to review and analyze sexual offense 31 statutes and report to the legislature if there are circumstances under which victims'
01 rights, public safety, and the rehabilitation of offenders are better served by changing 02 existing laws; the working group shall consult with the office of victims' rights in 03 developing the report; the commission shall deliver the report to the senate secretary 04 and the chief clerk of the house of representatives and notify the legislature that the 05 report is available; the commission may include in the working group people 06 representing a variety of viewpoints who are not members of the commission; and 07 (5) explore the possibility of entering into mutually agreeable 08 arrangements with regional nonprofit organizations, including tribes and tribal 09 organizations, to provide the pretrial, probation, and parole services needed in 10 underserved areas of the state. 11 (d) Agencies and entities reporting data to the working group authorized in 12 (b)(3) of this section under (e) - (g) of this section shall 13 (1) report data individually by case number, including an identifier 14 number such as the Alaska Public Safety Information Network number, the court case 15 number, the Alaska Corrections Offender Management System number, and the arrest 16 tracking number, as available; 17 (2) include demographic information necessary for tracking 18 individuals across multiple databases, including the individual's first name, last name, 19 middle initial as available, and date of birth; and 20 (3) include information necessary to measure possible disparate effects 21 of criminal justice laws and policies, such as race and gender as available. 22 (e) The judiciary shall report quarterly to the working group authorized in 23 (b)(3) of this section. The report shall include criminal case processing data, including 24 (1) the date, type, and number of all charges disposed within the 25 quarter; 26 (2) the disposition of each charge, whether convicted, dismissed, 27 acquitted, or otherwise disposed; and 28 (3) the date of the disposition for each charge. 29 (f) The Department of Public Safety shall report quarterly to the working 30 group authorized under (b)(3) of this section. The report shall include the following 31 information:
01 (1) data on citations and arrests for criminal offenses, including the 02 offense charged and reason for arrest if an arrest was made; 03 (2) data on all criminal convictions and sentences during the quarter; 04 and 05 (3) criminal history information for selected offenders as agreed on by 06 the department and the working group authorized in (b)(3) of this section. 07 (g) The Department of Corrections shall report quarterly to the working group 08 authorized in (b)(3) of this section. The report shall include the following information: 09 (1) data on pretrial decision making and outcomes, including 10 information on pretrial detainees admitted for a new criminal charge; detainees 11 released at any point before case resolution; time spent detained before first release or 12 case resolution; pretrial defendant risk level and charge; pretrial release 13 recommendations made by pretrial services officers; pretrial conditions imposed on 14 pretrial detainees by judicial officers, including amount of bail, and supervision 15 conditions; and information on pretrial outcomes, including whether or not the 16 defendant appeared in court or was re-arrested during the pretrial period; 17 (2) data on offenders admitted to the Department of Corrections for a 18 new criminal conviction, including the offense type, number of prior felony 19 convictions, sentence length, and length of stay; 20 (3) data on the population of the Department of Corrections, using a 21 one-day snapshot on the first day of the first month of each quarter, broken down by 22 type of admission, offense type, and risk level; 23 (4) data on offenders on probation supervised by the Department of 24 Corrections, including the total number of offenders supervised using a one-day 25 snapshot on the first month of each quarter; admissions to probation; assignments to a 26 program under AS 33.05.020(f); probation sentence length; time served on the 27 sentence; whether probation was successfully completed, any new convictions for a 28 felony offense, and any sentences to a term of imprisonment while on probation; 29 (5) data on parole, including the number of offenders supervised on 30 parole, using a one-day snapshot on the first month of each quarter; the number of 31 parole hearings; the parole grant rate and number of parolees released on
01 administrative, discretionary, and special medical parole; and information on parolees, 02 including time spent on parole, whether parole was successfully completed, any new 03 convictions for a new felony offense, and any sentences to a term of imprisonment 04 while on parole; 05 (6) data on the implementation of policies from the 2015 justice 06 reinvestment report, including the number and percentage of offenders who earn 07 compliance credits under AS 33.05.020(h) in one or more months, and the total 08 amount of credits earned; the average number of sanctions issued under 09 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 10 common violations of probation or parole; and 11 (7) data on probation and parole revocations, including information on 12 probationers and parolees admitted for a supervision violation pre-case and post-case 13 resolution; probationers and parolees admitted solely for a technical violation; 14 probationers and parolees admitted for a new arrest; the number of previous 15 revocations on the current sentence, if any; the length of time held pre-case resolution; 16 the length of time to case resolution; and the length of stay. 17 * Sec. 165. AS 44.19.647 is amended to read: 18 Sec. 44.19.647. Annual report and recommendations. The commission shall 19 submit to the governor and the legislature an annual report. The report must include 20 (1) a description of its proceedings for the previous calendar year; 21 (2) a summary of savings and recommendations on how savings 22 from criminal justice reform should be reinvested to reduce recidivism; 23 (3) performance metrics and outcomes from the recommendations 24 the commission made in its December 2015 report, including recidivism rates, 25 defined as 26 (A) the percentage of inmates who return to prison within 27 three years after release, broken down by offense type and risk level; and 28 (B) the percentage of inmates who return to prison within 29 three years after release for a new criminal conviction, broken down by 30 offense type and risk level; and 31 (4) recommendations for additional reforms, which may include
01 [AND MAY SUBMIT] recommendations for legislative and administrative action. 02 [REPORTS AND RECOMMENDATIONS PROVIDED UNDER THIS SECTION 03 SHALL BE SUBMITTED NOT LATER THAN FEBRUARY 1 OF EACH YEAR]. 04 * Sec. 166. AS 44.19.647 is amended by adding a new subsection to read: 05 (b) The commission shall submit the reports and recommendations provided 06 under (a) of this section not later than November 1 of each year. 07 * Sec. 167. AS 44.66.010(a)(12) is amended to read: 08 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30, 09 2021 [JUNE 30, 2017]; 10 * Sec. 168. AS 47.12.315(a) is amended to read: 11 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 12 section, the department shall disclose information to the public, on request, concerning 13 a minor subject to this chapter who was at least 13 years of age at the time of 14 commission of 15 (1) a felony offense against a person under AS 11.41; 16 (2) arson in the first or second degree; 17 (3) burglary in the first degree; 18 (4) distribution of child pornography; 19 (5) sex trafficking in the first degree; 20 (6) misconduct involving a controlled substance in the first or [,] 21 second [, OR THIRD] degrees involving distribution or possession with intent to 22 deliver; or 23 (7) misconduct involving weapons in the first through fourth degrees. 24 * Sec. 169. AS 47.27.015 is amended by adding a new subsection to read: 25 (i) A person convicted after August 22, 1996, of an offense that is classified as 26 a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has 27 as an element the possession, use, or distribution of a controlled substance, as defined 28 in AS 11.71.900, is disqualified from receiving temporary assistance under this 29 chapter or food stamps under AS 47.25 unless the person demonstrates, to the 30 satisfaction of the department, that the person 31 (1) is satisfactorily serving, or has successfully completed, a period of
01 probation or parole; 02 (2) is in the process of serving, or has successfully completed, 03 mandatory participation in a drug or alcohol treatment program; 04 (3) has taken action toward rehabilitation, including participation in a 05 drug or alcohol treatment program; or 06 (4) is successfully complying with the requirements of the person's 07 reentry plan. 08 * Sec. 170. AS 47.37.040 is amended to read: 09 Sec. 47.37.040. Duties of department. The department shall 10 (1) develop, encourage, and foster statewide, regional, and local plans 11 and programs for the prevention of alcoholism and drug abuse and treatment of 12 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 13 public and private agencies, organizations, and individuals, and provide technical 14 assistance and consultation services for these purposes; 15 (2) coordinate the efforts and enlist the assistance of all public and 16 private agencies, organizations, and individuals interested in prevention of alcoholism, 17 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 18 abusers, and inhalant abusers; 19 (3) cooperate with the Department of Corrections in establishing and 20 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 21 abusers, and inhalant abusers in or on parole from penal institutions; 22 (4) cooperate with the Department of Education and Early 23 Development, school boards, schools, police departments, courts, and other public and 24 private agencies, organizations, and individuals in establishing programs for the 25 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 26 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 27 materials for use at all levels of school education; 28 (5) prepare, publish, evaluate, and disseminate educational material 29 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 30 volatile substances; 31 (6) develop and implement, as an integral part of treatment programs,
01 an educational program for use in the treatment of alcoholics, intoxicated persons, 02 drug abusers, and inhalant abusers that includes the dissemination of information 03 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 04 (7) organize and foster training programs for all persons engaged in 05 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 06 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 07 abuse workers; 08 (8) sponsor and encourage research into the causes and nature of 09 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 10 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 11 for information relating to alcoholism, drug abuse, and inhalant abuse; 12 (9) specify uniform methods for keeping statistical information by 13 public and private agencies, organizations, and individuals, and collect and make 14 available relevant statistical information, including number of persons treated, 15 frequency of admission and readmission, and frequency and duration of treatment; 16 (10) conduct program planning activities approved by the Advisory 17 Board on Alcoholism and Drug Abuse; 18 (11) review all state health, welfare, and treatment plans to be 19 submitted for federal funding, and advise the commissioner on provisions to be 20 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 21 abusers; 22 (12) assist in the development of, and cooperate with, alcohol, drug 23 abuse, and inhalant abuse education and treatment programs for employees of state 24 and local governments and businesses and industries in the state; 25 (13) use the support and assistance of interested persons in the 26 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 27 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 28 treatment; 29 (14) cooperate with the Department of Public Safety and the 30 Department of Transportation and Public Facilities in establishing and conducting 31 programs designed to deal with the problem of persons operating motor vehicles while
01 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 02 develop and approve alcohol information courses required to be taken by drivers under 03 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 04 laws; 05 (15) encourage hospitals and other appropriate health facilities to 06 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 07 inhalant abusers and to provide them with adequate and appropriate treatment; 08 (16) encourage all health insurance programs to include alcoholism 09 and drug abuse as a covered illness; 10 (17) prepare an annual report covering the activities of the department 11 and notify the legislature that the report is available; 12 (18) develop and implement a training program on alcoholism and 13 drug abuse for employees of state and municipal governments, and private institutions; 14 (19) develop curriculum materials on drug and alcohol abuse and the 15 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 16 well as a course of instruction for teachers to be charged with presenting the 17 curriculum; 18 (20) develop and implement or designate, in cooperation with other 19 state or local agencies, a juvenile alcohol safety action program that provides alcohol 20 and substance abuse screening, referral, and monitoring of persons under 18 years of 21 age who have been referred to it by 22 (A) a court in connection with a charge or conviction of a 23 violation or misdemeanor related to the use of alcohol or a controlled 24 substance; 25 (B) the agency responsible for the administration of motor 26 vehicle laws in connection with a license action related to the use of alcohol or 27 a controlled substance; or 28 (C) department staff after a delinquency adjudication that is 29 related to the use of alcohol or a controlled substance; 30 (21) develop and implement, or designate, in cooperation with other 31 state or local agencies, an alcohol safety action program that provides [ALCOHOL
01 AND SUBSTANCE ABUSE SCREENING, REFERRAL, AND MONITORING] 02 services to persons who have been referred by a court [IN CONNECTION WITH A 03 CHARGE OR CONVICTION OF A MISDEMEANOR INVOLVING THE USE OF 04 A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT AND ALCOHOL OR A 05 CONTROLLED SUBSTANCE, REFERRED BY A COURT] under AS 28.35.028, 06 28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility 07 for administering motor vehicle laws in connection with a driver's license action 08 involving the use of alcohol or a controlled substance; 09 (22) whenever possible, apply evidence-based, research-based, and 10 consensus-based substance abuse and co-occurring substance abuse and mental health 11 disorders treatment practices and remove barriers that prevent the use of those 12 practices; 13 (23) collaborate with first responders, hospitals, schools, primary care 14 providers, developmental disability treatment providers, law enforcement, corrections, 15 attorneys, the Alaska Court System, community behavioral treatment providers, 16 Alaska Native organizations, and federally funded programs in implementing 17 programs for co-occurring substance abuse and mental health disorders treatment. 18 * Sec. 171. AS 47.37.130(h) is amended to read: 19 (h) The department shall 20 (1) inspect, on a regular basis, approved public and private alcohol 21 safety action programs at reasonable times and in a reasonable manner; [AND] 22 (2) maintain a list of approved public and private alcohol safety action 23 programs; and 24 (3) develop regulations for the operation and management of 25 alcohol safety action programs that ensure 26 (A) screenings are conducted using a validated risk tool; 27 and 28 (B) monitoring of participants is appropriate to the risk of 29 reoffense of the participant as determined by the screening. 30 * Sec. 172. AS 47.37.130 is amended by adding a new subsection to read: 31 (k) The public and private alcohol safety action programs established under
01 AS 47.37.040(21) shall provide 02 (1) screening of eligible persons to determine the risk of the person to 03 reoffend and the criminal risk factors that are contributing to the risk; and 04 (2) monitoring of participants based on the risk to reoffend as 05 determined by the screening. 06 * Sec. 173. AS 47.38.020 is amended to read: 07 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 08 commissioner, in cooperation with the commissioner of corrections, shall establish a 09 program using a competitive procurement process for certain persons with release 10 conditions ordered as provided under AS 12.30, or offenders with conditions of 11 probation, that include not consuming controlled substances or alcoholic beverages. 12 (b) The commissioner shall adopt regulations to implement the program. The 13 regulations must include regulations regarding products and services that 14 provide alcohol and substance abuse monitoring. 15 (c) The commissioner shall include in the program 16 (1) a requirement for twice-a-day testing, either remotely or in person 17 [IF PRACTICABLE], for alcoholic beverage use and random testing for controlled 18 substances; 19 (2) a means to provide the probation officer, prosecutor's office, or 20 local law enforcement agency with notice within 24 hours, so that a complaint may be 21 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 22 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 23 or an arrest warrant may be issued for the person on release or offender with 24 conditions of probation provided in this subsection, if the person or offender 25 (A) fails to appear for an appointment or fails to complete a 26 test through the use of remote alcohol or substance abuse monitoring 27 technology as required by the program requirements; or 28 (B) tests positive for the use of controlled substances or 29 alcoholic beverages; and 30 (3) a requirement that the person or offender pay, based on the person's 31 or offender's ability under financial guidelines established by the commissioner, for
01 the cost of participating in the program. 02 (d) The department shall contract with one or more vendors using a 03 competitive procurement process in accordance with AS 36.30 (State 04 Procurement Code) to provide or conduct the testing required under (c) of this 05 section. 06 * Sec. 174. AS 47.38.100(a) is amended to read: 07 (a) The recidivism reduction program is established to promote the 08 rehabilitation [THROUGH TRANSITIONAL RE-ENTRY PROGRAMS] of persons 09 on probation or parole or incarcerated for offenses and recently released from 10 correctional facilities. 11 * Sec. 175. AS 47.38.100(b) is amended to read: 12 (b) The commissioner, in cooperation with the Alaska Criminal Justice 13 Commission established in AS 44.19.641 [COMMISSIONER OF CORRECTIONS], 14 may provide for programs that have, as a primary focus, rehabilitation and reduction 15 of recidivism [THROUGH TRANSITIONAL RE-ENTRY] for persons on probation 16 or parole or incarcerated for offenses and recently released from correctional 17 facilities. The commissioner may enter into contracts to provide for programs under 18 this section. An eligible [A] program under this section must accomplish at least one 19 of the following objectives: 20 (1) increasing access to evidence-based rehabilitation programs, 21 including drug and alcohol treatment, mental health treatment, and cognitive 22 behavioral programs; or 23 (2) supporting offenders' transition and re-entry from correctional 24 facilities to the community, including transitional housing services, employment 25 services, vocational training, educational support, counseling, and medical care 26 [INCLUDE CASE MANAGEMENT; 27 (2) REQUIRE SOBER LIVING; 28 (3) PROVIDE, ON-SITE OR BY REFERRAL, TREATMENT FOR 29 SUBSTANCE ABUSE OR MENTAL HEALTH TREATMENT; 30 (4) REQUIRE EMPLOYMENT, EDUCATIONAL 31 PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY VOLUNTEER
01 WORK AS APPROVED BY THE DIRECTOR OF THE TREATMENT PROGRAM; 02 AND 03 (5) LIMIT RESIDENTIAL PLACEMENTS IN THE PROGRAM TO 04 A MAXIMUM OF ONE YEAR]. 05 * Sec. 176. AS 47.38.100 is amended by adding a new subsection to read: 06 (d) In this section, "evidenced-based" means a program or practice that offers 07 a high level of research on effectiveness. 08 * Sec. 177. Section 35, ch. 83, SLA 2014, is amended to read: 09 Sec. 35. AS 22.20.210 is repealed June 30, 2021 [JUNE 30, 2017]. 10 * Sec. 178. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 DIRECT COURT RULE AMENDMENT. Rule 38, Alaska Rules of Criminal 13 Procedure, is amended by adding new subsections to read: 14 (d) Hearing Notice. The court shall provide a notice to a defendant of the 15 date, time, and place of a scheduled hearing at which the defendant is required to 16 appear, in a form and manner established by the court. 17 (e) Hearing Reminder. In addition to the notice required under (d) of this 18 rule, the court shall provide a reminder notification to a defendant who is not in 19 custody and to the Department of Corrections at least 48 hours prior to a scheduled 20 hearing at which the defendant is required to appear regarding the date, time, and 21 place of the scheduled hearing and the potential consequences of failure to appear, in a 22 form and manner established by the court. 23 * Sec. 179. AS 11.46.140(a)(3), 11.46.220(c)(2)(B); AS 11.71.020, 11.71.040(a)(3)(A)(ii), 24 11.71.040(a)(3)(B), 11.71.040(a)(3)(C), 11.71.040(a)(3)(D), 11.71.040(a)(3)(E), 25 11.71.040(a)(3)(F), 11.71.040(a)(3)(G), 11.71.050(a)(2); AS 12.30.016(d); 26 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) 27 are repealed. 28 * Sec. 180. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 INDIRECT COURT RULE AMENDMENT. (a) AS 12.30.011, as repealed and 31 reenacted by sec. 59 of this Act, has the effect of changing Rule 41, Alaska Rules of Criminal
01 Procedure, by changing and establishing release conditions for certain defendants, providing 02 for recommendations by pretrial services officers of release conditions based on a pretrial risk 03 assessment score, providing that a court shall order the release of a person under certain 04 circumstances, and providing new procedures for use of appearance, surety, and performance 05 bonds. 06 (b) AS 12.55.055(h), enacted by sec. 76 of this Act, has the effect of changing Rule 07 32, Alaska Rules of Criminal Procedure, by directing the court to include a provision in the 08 judgment that community work hours that are not completed shall be converted to a fine as 09 provided in AS 12.55.055(h), enacted by sec. 76 of this Act. 10 (c) AS 12.55.078, enacted by sec. 77 of this Act, has the effect of changing Rule 43, 11 Alaska Rules of Criminal Procedure, by creating an alternate procedure for when the court 12 may dismiss charges. 13 (d) AS 12.55.135(p), enacted by sec. 93 of this Act, has the effect of changing Rule 14 32.1, Alaska Rules of Criminal Procedure, by changing the procedure for notice of 15 aggravating factors. 16 (e) AS 33.07, enacted by sec. 117 of this Act, has the effect of changing Rule 41, 17 Alaska Rules of Criminal Procedure, by establishing pretrial services officers and procedures 18 and duties for pretrial services officers as officers of the superior and district courts, for the 19 purposes of performing risk assessments and making pretrial recommendations to the court 20 regarding a person's pretrial release and bail conditions. 21 * Sec. 181. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT. The Council 24 on Domestic Violence and Sexual Assault established in AS 18.66.010 shall create or expand 25 community-based violence prevention programming and services for victims of a crime 26 involving domestic violence or sexual assault in the fiscal year ending June 30, 2017. In this 27 section "domestic violence" and "sexual assault" have the meanings given to those terms in 28 AS 18.66.990. 29 * Sec. 182. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 REPORT ON OFFENSES OF DRIVING WHILE INTOXICATED, REFUSAL OF A
01 CHEMICAL TEST, AND DRIVING WITHOUT A VALID DRIVER'S LICENSE. The 02 Alaska Criminal Justice Commission established in AS 44.19.641 shall prepare a report 03 regarding the effectiveness of the penalties, fines, and reformative and rehabilitative measures 04 under state law for the offenses of driving while intoxicated, refusal to submit to a chemical 05 test, and driving without a valid driver's license. The commission shall include in the report an 06 opinion on whether the penalties, fines, and reformative and rehabilitative measures under 07 state law for the offenses of driving while under the influence, refusal to submit to a chemical 08 test, and driving without a valid driver's license reduce recidivism, promote rehabilitation, and 09 protect the public. The commission shall propose statutory changes for those offenses to 10 reduce recidivism, promote rehabilitation, and protect the public. The commission shall 11 deliver the report not later than December 1, 2016, to the senate secretary and the chief clerk 12 of the house of representatives and notify the legislature that the report is available. 13 * Sec. 183. The uncodified law of the State of Alaska is amended by adding a new section 14 to read: 15 REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING 16 RESTITUTION. The Alaska Criminal Justice Commission established in AS 44.19.641 shall 17 prepare a report regarding the implementation of a financial recovery and victim's restitution 18 program and shall make recommendations for statutory changes to improve the payment and 19 collection of victim's restitution. The report must include recommendations regarding 20 restitution for crimes against a person and for property crimes against businesses and 21 members of the public. The commission shall deliver the report not later than December 1, 22 2016, to the senate secretary and the chief clerk of the house of representatives and notify the 23 legislature that the report is available. 24 * Sec. 184. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION REGARDING 27 SOCIAL IMPACT BONDS. The Alaska Criminal Justice Commission established in 28 AS 44.19.641 shall submit to the governor and the legislature not later than December 15, 29 2016, a report regarding the potential of using social impact bonds to reduce recidivism rates. 30 The commission shall deliver the report to the senate secretary and the chief clerk of the 31 house of representatives and notify the legislature that the report is available. The report shall
01 cover the following topics: 02 (1) identification and evaluation of grant programs, contracts, and services of 03 the Department of Corrections and the Department of Health and Social Services that may be 04 suitable for social impact financing; 05 (2) the possibility of private sector investors providing social impact 06 financing; 07 (3) programs operated by nonprofit corporations that could be funded through 08 a social impact financing mechanism; 09 (4) independent evaluators that could determine whether performance targets 10 for a nonprofit corporation funded by social impact financing are met at the end of an agreed- 11 on time frame; and 12 (5) whether federal funding is available for independent evaluators 13 participating in social impact funding. 14 * Sec. 185. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 APPLICABILITY. (a) The following sections apply to offenses committed on or after 17 the effective date of those sections: 18 (1) AS 11.46.130(a), as amended by sec. 6 of this Act; 19 (2) AS 11.46.140(a), as amended by sec. 7 of this Act; 20 (3) AS 11.46.150(a), as amended by sec. 8 of this Act; 21 (4) AS 11.46.220(c), as amended by sec. 9 of this Act; 22 (5) AS 11.46.260(b), as amended by sec. 10 of this Act; 23 (6) AS 11.46.270(b), as amended by sec. 11 of this Act; 24 (7) AS 11.46.280(d), as amended by sec. 12 of this Act; 25 (8) AS 11.46.285(b), as amended by sec. 13 of this Act; 26 (9) AS 11.46.295, as amended by sec. 14 of this Act; 27 (10) AS 11.46.360(a), as amended by sec. 15 of this Act; 28 (11) AS 11.46.420(a), as amended by sec. 16 of this Act; 29 (12) AS 11.46.460, as amended by sec. 17 of this Act; 30 (13) AS 11.46.482(a), as amended by sec. 18 of this Act; 31 (14) AS 11.46.484(a), as amended by sec. 19 of this Act;
01 (15) AS 11.46.486(a), as amended by sec. 20 of this Act; 02 (16) AS 11.46.530(b), as amended by sec. 21 of this Act; 03 (17) AS 11.46.620(d), as amended by sec. 22 of this Act; 04 (18) AS 11.46.730(c), as amended by sec. 23 of this Act; 05 (19) AS 11.46.982, enacted by sec. 25 of this Act; 06 (20) AS 11.56.730(c), as amended by sec. 27 of this Act; 07 (21) AS 11.56.730(d), enacted by sec. 28 of this Act; 08 (22) AS 11.56.757(b), as amended by sec. 30 of this Act; 09 (23) AS 11.61.110(c), as amended by sec. 32 of this Act; 10 (24) AS 11.61.145(d), as amended by sec. 33 of this Act; 11 (25) AS 11.61.150(c), as amended by sec. 35 of this Act; 12 (26) AS 11.66.200(c), as amended by sec. 41 of this Act; 13 (27) AS 11.71.030(a), as amended by sec. 42 of this Act; 14 (28) AS 11.71.040(a), as amended by sec. 45 of this Act; 15 (29) AS 11.71.050, as amended by sec. 47 of this Act; 16 (30) AS 11.71.311(a), as amended by sec. 49 of this Act; 17 (31) AS 12.55.035(b), as amended by sec. 72 of this Act; 18 (32) AS 12.55.125(a), as amended by sec. 86 of this Act; 19 (33) AS 12.55.125(b), as amended by sec. 87 of this Act; 20 (34) AS 28.15.291(a), as repealed and reenacted by sec. 104 of this Act; 21 (35) AS 28.15.291(b), as repealed and reenacted by sec. 105 of this Act; 22 (36) AS 29.10.200(21), as amended by sec. 111 of this Act; 23 (37) AS 29.25.070(a), as amended by sec. 112 of this Act; and 24 (38) AS 43.23.065(b), as amended by sec. 161 of this Act. 25 (b) The following sections apply to offenses committed before, on, or after the 26 effective date of those sections: 27 (1) AS 11.66.110(a), as amended by sec. 37 of this Act; 28 (2) AS 11.66.130(a), as amended by sec. 38 of this Act; 29 (3) AS 11.66.130(c), enacted by sec. 39 of this Act; and 30 (4) AS 11.66.135(c), enacted by sec. 40 of this Act. 31 (c) The following sections apply to sentences imposed 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 12.55.027(a), as amended by sec. 68 of this Act; 03 (2) AS 12.55.027(b), as amended by sec. 69 of this Act; 04 (3) AS 12.55.027(c), as repealed and reenacted by sec. 70 of this Act; and 05 (4) AS 12.55.027(f) and (g), enacted by sec. 71 of this Act. 06 (d) The following sections apply to sentences imposed on or after the effective date of 07 those sections for conduct occurring before, on, or after the effective date of those sections: 08 (1) AS 12.55.025(a), as amended by sec. 66 of this Act; 09 (2) AS 12.55.025(c), as amended by sec. 67 of this Act; 10 (3) AS 12.55.115, as amended by sec. 85 of this Act; 11 (4) AS 28.15.191(g), as amended by sec. 102 of this Act; 12 (5) AS 28.35.030(k), as amended by sec. 107 of this Act; 13 (6) AS 28.35.032(o), as amended by sec. 110 of this Act; 14 (7) AS 33.16.010(f), enacted by sec. 120 of this Act; 15 (8) AS 33.16.060(a), as amended by sec. 121 of this Act; 16 (9) AS 33.16.089, enacted by sec. 122 of this Act; 17 (10) AS 33.16.090(b), as amended by sec. 124 of this Act; 18 (11) AS 33.16.130, as repealed and reenacted by sec. 133 of this Act; and 19 (12) AS 33.20.010(a), as amended by sec. 153 of this Act. 20 (e) AS 12.30.055(b), enacted by sec. 64 of this Act, applies to persons in custody for a 21 probation violation on or after the effective date of sec. 64 of this Act for a probation violation 22 that occurred before, on, or after the effective date of sec. 64 this Act. 23 (f) The following sections apply to community work service imposed on or after the 24 effective date of those sections for offenses committed on or after the effective date of those 25 sections: 26 (1) AS 12.55.055(a), as amended by sec. 74 of this Act; 27 (2) AS 12.55.055(c), as amended by sec. 75 of this Act; and 28 (3) AS 12.55.055(g) and (h), enacted by sec. 76 of this Act. 29 (g) AS 12.55.051(a), as amended by sec. 73 of this Act, applies to probation ordered 30 before, on, or after the effective date of sec. 73 of this Act, for offenses committed before, on, 31 or after the effective date of sec. 73 of this Act.
01 (h) AS 12.55.078, enacted by sec. 77 of this Act, applies to prosecutions occurring on 02 or after the effective date of sec. 77 of this Act, for offenses committed before, on, or after the 03 effective date of sec. 77 of this Act. 04 (i) AS 12.55.090(c), as amended by sec. 79 of this Act, applies to probation ordered 05 on or after the effective date of sec. 79 of this Act, for offenses committed before, on, or after 06 the effective date of sec. 79 of this Act. 07 (j) AS 12.55.100(a), as amended by sec. 82 of this Act, applies to probation ordered 08 on or after the effective date of sec. 82 of this Act, for offenses committed before, on, or after 09 the effective date of sec. 82 of this Act. 10 (k) The following sections apply to probation ordered before, on, or after the effective 11 date of those sections for offenses committed before, on, or after the effective date of those 12 sections: 13 (1) AS 12.55.090(b), as amended by sec. 78 of this Act; 14 (2) AS 12.55.090(f), as amended by sec. 80 of this Act; 15 (3) AS 12.55.090(g) - (n), enacted by sec. 81 of this Act; 16 (4) AS 12.55.110(c) - (h), enacted by sec. 84 of this Act; and 17 (5) AS 33.05.040, as amended by sec. 115 of this Act. 18 (l) The following sections apply to a revocation of a driver's license, privilege to 19 drive, privilege to obtain a license, or an identification card or driver's license issued to a 20 parolee, occurring before, on, or after the effective date of those sections for conduct 21 occurring before, on, or after the effective date of those sections: 22 (1) AS 04.16.160(a), as amended by sec. 2 of this Act; 23 (2) AS 28.15.165(e), enacted by sec. 101 of this Act; 24 (3) AS 28.15.201(g) - (j), enacted by sec. 103 of this Act; and 25 (4) AS 28.35.030(o), as amended by sec. 109 of this Act. 26 (m) The following sections apply to parole granted on or after the effective date of 27 those sections for conduct occurring before, on, or after the effective date of those sections: 28 (1) AS 33.16.010(c), as amended by sec. 118 of this Act; 29 (2) AS 33.16.010(d), as amended by sec. 119 of this Act; 30 (3) AS 33.16.090(a), as amended by sec. 123 of this Act; 31 (4) AS 33.16.100(a), as amended by sec. 125 of this Act;
01 (5) AS 33.16.100(b), as amended by sec. 126 of this Act; 02 (6) AS 33.16.100(f), enacted by sec. 127 of this Act; 03 (7) AS 33.16.140, as amended by sec. 134 of this Act; 04 (8) AS 33.16.150(a), as amended by sec. 135 of this Act; 05 (9) AS 33.16.150(b), as amended by sec. 136 of this Act; 06 (10) AS 33.16.150(e), as amended by sec. 137 of this Act; 07 (11) AS 33.16.150(f), as amended by sec. 138 of this Act; 08 (12) AS 33.16.150(g), as amended by sec. 139 of this Act; 09 (13) AS 33.16.150(h) and (i), enacted by sec. 140 of this Act; and 10 (14) AS 33.16.200, as amended by sec. 142 of this Act. 11 (n) AS 11.56.730(e), enacted by sec. 28 of this Act, and sec. 178 of this Act apply to 12 offenses committed on or after the effective date of secs. 28 and 178 of this Act. 13 (o) The following sections apply to offenses committed on or after the effective date 14 of those sections: 15 (1) AS 12.30.006(b), as amended by sec. 55 of this Act; 16 (2) AS 12.30.006(c), as amended by sec. 56 of this Act; 17 (3) AS 12.30.006(d), as amended by sec. 57 of this Act; 18 (4) AS 12.30.006(f), as amended by sec. 58 of this Act; 19 (5) AS 12.30.011, as repealed and reenacted by sec. 59 of this Act; 20 (6) AS 12.30.016(b), as amended by sec. 60 of this Act; 21 (7) AS 12.30.016(c), as amended by sec. 61 of this Act; 22 (8) AS 12.30.021(a), as amended by sec. 62 of this Act; 23 (9) AS 12.30.021(c), as amended by sec. 63 of this Act; and 24 (10) AS 33.07, enacted by sec. 117 of this Act. 25 (p) The following sections apply to parole granted before, on, or after the effective 26 date of those sections: 27 (1) AS 33.16.180, as amended by sec. 141 of this Act; 28 (2) AS 33.16.210, as amended by sec. 143 of this Act; 29 (3) AS 33.16.210(c), enacted by sec. 144 of this Act; 30 (4) AS 33.16.215, enacted by sec. 145 of this Act; 31 (5) AS 33.16.220(b), as amended by sec. 146 of this Act;
01 (6) AS 33.16.220(f), as amended by sec. 147 of this Act; 02 (7) AS 33.16.220(i), as amended by sec. 148 of this Act; 03 (8) AS 33.16.220(j), enacted by sec. 149 of this Act; 04 (9) AS 33.16.240(h) and (i), enacted by sec. 150 of this Act; and 05 (10) AS 33.16.270, enacted by sec. 151 of this Act. 06 (q) AS 33.05.020(h), enacted by sec. 114 of this Act, applies to sentences imposed 07 before, on, or after the effective date of sec. 114 of this Act, for conduct occurring before, on, 08 or after the effective date of sec. 114 of this Act, for time served on probation on or after the 09 effective date of sec. 114 of this Act. 10 (r) AS 33.20.010(c), as repealed and reenacted by sec. 154 of this Act, applies to 11 sentences imposed before, on, or after the effective date of sec. 154 of this Act, for offenses 12 committed before, on, or after the effective date of sec. 154 of this Act, for time served on 13 electronic monitoring on or after the effective date of sec. 154 of this Act. 14 (s) The following sections apply to offenses committed before, on, or after the 15 effective date of those sections for contacts with peace officers occurring on or after the 16 effective date of those sections: 17 (1) AS 12.25.180, as amended by sec. 51 of this Act; and 18 (2) AS 12.25.190(b), as amended by sec. 53 of this Act. 19 (t) AS 12.25.150(a), as amended by sec. 50 of this Act, applies to offenses committed 20 before, on, or after the effective date of sec. 50 of this Act, for contacts with peace officers 21 occurring on or after the effective date of sec. 50 of this Act. 22 (u) The following sections apply to sentences imposed on or after the effective date of 23 those sections for conduct occurring before, on, or after the effective date of those sections: 24 (1) AS 12.55.125(c), as amended by sec. 88 of this Act; 25 (2) AS 12.55.125(d), as amended by sec. 89 of this Act; 26 (3) AS 12.55.125(e)(1) - (3), as amended by sec. 90 of this Act; 27 (4) AS 12.55.135(a), as amended by sec. 91 of this Act; 28 (5) AS 12.55.135(b), as amended by sec. 92 of this Act; 29 (6) AS 12.55.135(l) - (p), enacted by sec. 93 of this Act; and 30 (7) AS 29.25.070(g), enacted by sec. 113 of this Act. 31 (v) The amendment to AS 12.55.125(e) in sec. 90 of this Act adding
01 AS 12.55.125(e)(4)(B) - (D), providing presumptive ranges for violation of AS 28.35.030(n) 02 and 28.35.032(p), applies to offenses committed on or after the effective date of sec. 90 of this 03 Act, except that references to previous convictions in AS 28.35.030(n) and 28.35.032(p) apply 04 to convictions occurring before, on, or after the effective date of sec. 90 of this Act. 05 * Sec. 186. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SEVERABILITY. If this Act is held invalid by a court of competent jurisdiction under 08 the requirement of art. II, sec. 13, Constitution of the State of Alaska, that every bill be 09 confined to one subject, the provisions of sec. 3 of this Act shall be severed so that the 10 remainder of this Act is not affected. 11 * Sec. 187. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 CONDITIONAL EFFECT. (a) AS 11.56.730(e), enacted by sec. 28 of this Act, takes 14 effect only if sec. 178 of this Act receives the two-thirds majority vote of each house required 15 by art. IV, sec. 15, Constitution of the State of Alaska. 16 (b) AS 12.30.011, as repealed and reenacted by sec. 59 of this Act, takes effect only if 17 sec. 180(a) of this Act receives the two-thirds majority vote of each house required by art. IV, 18 sec. 15, Constitution of the State of Alaska. 19 (c) AS 12.55.055(h), enacted by sec. 76 of this Act, takes effect only if sec. 180(b) of 20 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 21 Constitution of the State of Alaska. 22 (d) AS 12.55.078, enacted by sec. 77 of this Act, takes effect only if sec. 180(c) of 23 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 24 Constitution of the State of Alaska. 25 (e) AS 12.55.135(p), enacted by sec. 93 of this Act, takes effect only if sec. 180(d) of 26 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 27 Constitution of the State of Alaska. 28 (f) AS 33.07, added by sec. 117 of this Act, takes effect only if sec. 180(e) of this Act 29 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 30 of the State of Alaska. 31 * Sec. 188. Sections 2, 4 - 27, 29, 30, 32 - 49, 72, 74 - 77, 79, 86 - 94, 101 - 106, 109, 111 -
01 113, 154, 160 - 170, 179, 180(b), 180(c), and 180(d) of this Act, and AS 11.56.730(d), 02 enacted by sec. 28 of this Act, take effect July 1, 2016. 03 * Sec. 189. Section 100 of this Act takes effect October 1, 2016. 04 * Sec. 190. Sections 31, 51 - 54, 64, 66, 67, 73, 78, 80 - 85, 107, 108, 110, 114 - 116, 118 - 05 153, 155 - 158, and 171 - 173 of this Act take effect January 1, 2017. 06 * Sec. 191. Section 159 of this Act takes effect July 1, 2017. 07 * Sec. 192. Sections 50, 55 - 63, 98, 117, 180(a), and 180(e) of this Act take effect 08 January 1, 2018. 09 * Sec. 193. If AS 11.56.730(e), enacted by sec. 28 of this Act, and sec. 178 of this Act take 10 effect, they take effect January 1, 2019.