HB 254: "An Act 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; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violating municipal ordinances; relating to parole; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to the duties of the commissioner of corrections; relating to the duties of the Department of Health and Social Services; relating to civil in rem forfeiture actions; providing for an effective date by repealing sec. 193, ch. 36, SLA 2016; and providing for an effective date."
00 HOUSE BILL NO. 254 01 "An Act relating to criminal law and procedure; relating to controlled substances; 02 relating to victims of criminal offenses; relating to probation; relating to sentencing; 03 relating to treatment program credit for time spent toward service of a sentence of 04 imprisonment; relating to the Violent Crimes Compensation Board; relating to 05 permanent fund dividends; relating to electronic monitoring; relating to penalties for 06 violating municipal ordinances; relating to parole; relating to community work service; 07 relating to revocation, termination, suspension, cancellation, or restoration of a driver's 08 license; relating to the duties of the commissioner of corrections; relating to the duties of 09 the Department of Health and Social Services; relating to civil in rem forfeiture actions; 10 providing for an effective date by repealing sec. 193, ch. 36, SLA 2016; and providing 11 for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 04.16.160(a) is amended to read: 02 (a) Except as otherwise provided by law, a person who is 21 years of age or 03 older may not purchase alcoholic beverages if the person has been ordered to refrain 04 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a 05 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar 06 municipal ordinance or [,] as a condition of probation or parole from a conviction 07 under AS 28.35.030, 28.35.032, or a similar municipal ordinance [, OR AS A 08 CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME]. The 09 restriction on purchasing alcoholic beverages applies during the period that the person 10 is required to refrain from consuming alcoholic beverages under the sentence or 11 condition of probation or parole. 12 * Sec. 2. AS 11.41.110(a) is amended to read: 13 (a) A person commits the crime of murder in the second degree if 14 (1) with intent to cause serious physical injury to another person or 15 knowing that the conduct is substantially certain to cause death or serious physical 16 injury to another person, the person causes the death of any person; 17 (2) the person knowingly engages in conduct that results in the death 18 of another person under circumstances manifesting an extreme indifference to the 19 value of human life; 20 (3) under circumstances not amounting to murder in the first degree 21 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 22 person commits or attempts to commit arson in the first degree, kidnapping, sexual 23 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 24 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 25 degree, escape in the first or second degree, robbery in any degree, or misconduct 26 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 27 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2) 28 and, in the course of or in furtherance of that crime or in immediate flight from that 29 crime, any person causes the death of a person other than one of the participants; 30 (4) acting with a criminal street gang, the person commits or attempts 31 to commit a crime that is a felony and, in the course of or in furtherance of that crime
01 or in immediate flight from that crime, any person causes the death of a person other 02 than one of the participants; or 03 (5) the person with criminal negligence causes the death of a child 04 under the age of 16, and the person has been previously convicted of a crime involving 05 a child under the age of 16 that was 06 (A) a felony violation of AS 11.41; 07 (B) in violation of a law or ordinance in another jurisdiction 08 with elements similar to a felony under AS 11.41; or 09 (C) an attempt, a solicitation, or a conspiracy to commit a 10 crime listed in (A) or (B) of this paragraph. 11 * Sec. 3. AS 11.41.150(a) is amended to read: 12 (a) A person commits the crime of murder of an unborn child if the person 13 (1) with intent to cause the death of an unborn child or of another 14 person, causes the death of an unborn child; 15 (2) with intent to cause serious physical injury to an unborn child or to 16 another person or knowing that the conduct is substantially certain to cause death or 17 serious physical injury to an unborn child or to another person, causes the death of an 18 unborn child; 19 (3) while acting alone or with one or more persons, commits or 20 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 21 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 22 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 23 first or second degree, robbery in any degree, or misconduct involving a controlled 24 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) 25 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or 26 in furtherance of that crime or in immediate flight from that crime, any person causes 27 the death of an unborn child; 28 (4) knowingly engages in conduct that results in the death of an unborn 29 child under circumstances manifesting an extreme indifference to the value of human 30 life; for purposes of this paragraph, a pregnant woman's decision to remain in a 31 relationship in which domestic violence, as defined in AS 18.66.990, has occurred
01 does not constitute conduct manifesting an extreme indifference to the value of human 02 life. 03 * Sec. 4. AS 11.46.130(a) is amended to read: 04 (a) A person commits the crime of theft in the second degree if the person 05 commits theft as defined in AS 11.46.100 and 06 (1) the value of the property or services [, ADJUSTED FOR 07 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 [$1,000] or more but less 08 than $25,000; 09 (2) the property is a firearm or explosive; 10 (3) the property is taken from the person of another; 11 (4) the property is taken from a vessel and is vessel safety or survival 12 equipment; 13 (5) the property is taken from an aircraft and the property is aircraft 14 safety or survival equipment; 15 (6) the value of the property [, ADJUSTED FOR INFLATION AS 16 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 [$1,000] and, 17 within the preceding five years, the person has been convicted and sentenced on two 18 or more separate occasions in this or another jurisdiction of 19 (A) an offense under AS 11.46.120, or an offense under 20 another law or ordinance with similar elements; 21 (B) a crime set out in this subsection or an offense under 22 another law or ordinance with similar elements; 23 (C) an offense under AS 11.46.140(a)(1), or an offense under 24 another law or ordinance with similar elements; or 25 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 26 offense under another law or ordinance with similar elements; or 27 (7) the property is an access device. 28 * Sec. 5. AS 11.46.140(a) is amended to read: 29 (a) A person commits the crime of theft in the third degree if the person 30 commits theft as defined in AS 11.46.100 and 31 (1) the value of the property or services [, ADJUSTED FOR
01 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 02 [$1,000]; or 03 (2) [REPEALED] 04 (3) [REPEALED] 05 (4) the value of the property is less than $250 and, within the past 06 five years, the person has been convicted and sentenced on two or more separate 07 occasions in this or another jurisdiction of theft or concealment of merchandise, 08 or an offense under another law or ordinance with similar elements. 09 * Sec. 6. AS 11.46.150(a) is amended to read: 10 (a) A person commits the crime of theft in the fourth degree if the person 11 commits theft as defined in AS 11.46.100 and the value of the property or services [, 12 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 13 * Sec. 7. AS 11.46.220(c) is amended to read: 14 (c) Concealment of merchandise is 15 (1) a class C felony if 16 (A) the merchandise is a firearm; 17 (B) the value of the merchandise [, ADJUSTED FOR 18 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 [$1,000] or more; or 19 (C) the value of the merchandise [, ADJUSTED FOR 20 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than 21 $1,000 and, within the preceding five years, the person has been convicted and 22 sentenced on two or more separate occasions in this or another jurisdiction of 23 (i) the offense of concealment of merchandise under 24 this paragraph or (2)(A) of this subsection, or an offense under another 25 law or ordinance with similar elements; or 26 (ii) an offense under AS 11.46.120, 11.46.130, or 27 11.46.140(a)(1), or an offense under another law or ordinance with 28 similar elements; 29 (2) a class A misdemeanor if 30 (A) the value of the merchandise [, ADJUSTED FOR 31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than
01 $750 [$1,000]; or 02 (B) [REPEALED] 03 (C) the value of the merchandise is less than $250 and, 04 within the preceding five years, the person has been convicted and 05 sentenced on two or more separate occasions of the offense of concealment 06 of merchandise or theft in any degree, or an offense under another law or 07 ordinance with similar elements; 08 (3) a class B misdemeanor if the value of the merchandise [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 10 * Sec. 8. AS 11.46.260(b) is amended to read: 11 (b) Removal of identification marks is 12 (1) a class C felony if the value of the property on which the serial 13 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 14 PROVIDED IN AS 11.46.982,] is $750 [$1,000] or more; 15 (2) a class A misdemeanor if the value of the property on which the 16 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 17 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 [$1,000]; 18 (3) a class B misdemeanor if the value of the property on which the 19 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 20 PROVIDED IN AS 11.46.982,] is less than $250. 21 * Sec. 9. AS 11.46.270(b) is amended to read: 22 (b) Unlawful possession is 23 (1) a class C felony if the value of the property on which the serial 24 number or identification mark appeared [, ADJUSTED FOR INFLATION AS 25 PROVIDED IN AS 11.46.982,] is $750 [$1,000] or more; 26 (2) a class A misdemeanor if the value of the property on which the 27 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 28 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 [$1,000]; 29 (3) a class B misdemeanor if the value of the property on which the 30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS 31 PROVIDED IN AS 11.46.982,] is less than $250.
01 * Sec. 10. AS 11.46.280(d) is amended to read: 02 (d) Issuing a bad check is 03 (1) a class B felony if the face amount of the check [, ADJUSTED 04 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or more; 05 (2) a class C felony if the face amount of the check [, ADJUSTED 06 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 [$1,000] or more but 07 less than $25,000; 08 (3) a class A misdemeanor if the face amount of the check [, 09 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more 10 but less than $750 [$1,000]; 11 (4) a class B misdemeanor if the face amount of the check [, 12 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250. 13 * Sec. 11. AS 11.46.285(b) is amended to read: 14 (b) Fraudulent use of an access device is 15 (1) a class B felony if the value of the property or services obtained [, 16 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $25,000 or 17 more; 18 (2) a class C felony if the value of the property or services obtained [, 19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 [$1,000] 20 or more but less than $25,000; 21 (3) a class A misdemeanor if the value of the property or services 22 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 23 than $750 [$1,000]. 24 * Sec. 12. AS 11.46.295 is amended to read: 25 Sec. 11.46.295. Prior convictions. For purposes of considering prior 26 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 27 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 28 AS 11.46.220(c), 29 (1) a conviction for an offense under another law or ordinance with 30 similar elements is a conviction of an offense having elements similar to those of an 31 offense defined as such under Alaska law at the time the offense was committed;
01 (2) a conviction for an offense under Alaska law where the value of the 02 property or services for the offense was lower than the value of property or services 03 for the offense under current Alaska law is a prior conviction for that offense; and 04 (3) the court shall consider the date of a prior conviction as occurring 05 on the date that sentence is imposed for the prior offense. 06 * Sec. 13. AS 11.46.360(a) is amended to read: 07 (a) A person commits the crime of vehicle theft in the first degree if, having 08 no right to do so or any reasonable ground to believe the person has such a right, the 09 person drives, tows away, or takes 10 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 11 of another; 12 (2) the propelled vehicle of another and 13 (A) the vehicle or any other property of another is damaged in a 14 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 15 AS 11.46.982,] of $750 [$1,000] or more; 16 (B) the owner incurs reasonable expenses as a result of the loss 17 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 18 PROVIDED IN AS 11.46.982,] of $750 [$1,000] or more; or 19 (C) the owner is deprived of the use of the vehicle for seven 20 days or more; 21 (3) the propelled vehicle of another and the vehicle is marked as a 22 police or emergency vehicle; or 23 (4) the propelled vehicle of another and, within the preceding seven 24 years, the person was convicted under 25 (A) this section or AS 11.46.365; 26 (B) former AS 11.46.482(a)(4) or (5); 27 (C) former AS 11.46.484(a)(2); 28 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 29 of a propelled vehicle; or 30 (E) a law or ordinance of this or another jurisdiction with 31 elements substantially similar to those of an offense described in (A) - (D) of
01 this paragraph. 02 * Sec. 14. AS 11.46.420(a) is amended to read: 03 (a) A person commits the crime of arson in the third degree if the person 04 intentionally damages a motor vehicle 05 [(1)] by starting a fire or causing an explosion while that vehicle is 06 located on state or municipal [PUBLIC] land [; OR 07 (2) THAT IS THE PROPERTY OF ANOTHER PERSON BY 08 STARTING A FIRE OR CAUSING AN EXPLOSION WHILE THAT VEHICLE IS 09 LOCATED ON PRIVATE PROPERTY]. 10 * Sec. 15. AS 11.46.460 is amended to read: 11 Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits 12 the crime [OFFENSE] of disregard of a highway obstruction if, without the right to do 13 so or a reasonable ground to believe the person has the right, the person 14 (1) drives a vehicle through, over, or around an obstruction erected on 15 a highway under authority of AS 19.10.100; or 16 (2) opens an obstruction erected on a highway under authority of 17 AS 19.10.100. 18 (b) Violation of this section is a class B misdemeanor [VIOLATION 19 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000]. 20 * Sec. 16. AS 11.46.482(a) is amended to read: 21 (a) A person commits the crime of criminal mischief in the third degree if, 22 having no right to do so or any reasonable ground to believe the person has such a 23 right, 24 (1) with intent to damage property of another, the person damages 25 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 26 IN AS 11.46.982,] of $750 [$1,000] or more; 27 (2) the person recklessly creates a risk of damage in an amount 28 exceeding $100,000 to property of another by the use of widely dangerous means; or 29 (3) the person knowingly 30 (A) defaces, damages, or desecrates a cemetery or the contents 31 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,
01 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 02 memorial appears to be abandoned, lost, or neglected; 03 (B) removes human remains or associated burial artifacts from 04 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 05 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 06 * Sec. 17. AS 11.46.484(a) is amended to read: 07 (a) A person commits the crime of criminal mischief in the fourth degree if, 08 having no right to do so or any reasonable ground to believe the person has such a 09 right, 10 (1) with intent to damage property of another, the person damages 11 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 12 IN AS 11.46.982,] of $250 or more but less than $750 [$1,000]; 13 (2) the person tampers with a fire protection device in a building that is 14 a public place; 15 (3) the person knowingly accesses a computer, computer system, 16 computer program, computer network, or part of a computer system or network; 17 (4) the person uses a device to descramble an electronic signal that has 18 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 19 device is used only to descramble signals received directly from a satellite or unless 20 the person owned the device before September 18, 1984; or 21 (5) the person knowingly removes, relocates, defaces, alters, obscures, 22 shoots at, destroys, or otherwise tampers with an official traffic control device or 23 damages the work on a highway under construction. 24 * Sec. 18. AS 11.46.486(a) is amended to read: 25 (a) A person commits the crime of criminal mischief in the fifth degree if, 26 having no right to do so or any reasonable ground to believe the person has such a 27 right, 28 (1) with reckless disregard for the risk of harm to or loss of the 29 property or with intent to cause substantial inconvenience to another, the person 30 tampers with property of another; 31 (2) with intent to damage property of another, the person damages
01 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 02 IN AS 11.46.982,] less than $250; or 03 (3) the person rides in a propelled vehicle knowing it has been stolen 04 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 05 * Sec. 19. AS 11.46.530(b) is amended to read: 06 (b) Criminal simulation is 07 (1) a class C felony if the value of what the object purports to represent 08 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 09 [$1,000] or more; 10 (2) a class A misdemeanor if the value of what the object purports to 11 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 12 $250 or more but less than $750 [$1,000]; 13 (3) a class B misdemeanor if the value of what the object purports to 14 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 15 than $250. 16 * Sec. 20. AS 11.46.620(d) is amended to read: 17 (d) Misapplication of property is 18 (1) a class C felony if the value of the property misapplied [, 19 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 [$1,000] 20 or more; 21 (2) a class A misdemeanor if the value of the property misapplied [, 22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750 23 [$1,000]. 24 * Sec. 21. AS 11.46.730(c) is amended to read: 25 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 26 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 27 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 [$1,000] or more as a result 28 of the defendant's conduct, in which case defrauding secured creditors is 29 (1) a class B felony if the loss [, ADJUSTED FOR INFLATION AS 30 PROVIDED IN AS 11.46.982,] is $25,000 or more; 31 (2) a class C felony if the loss [, ADJUSTED FOR INFLATION AS
01 PROVIDED IN AS 11.46.982,] is $750 [$1,000] or more but less than $25,000. 02 * Sec. 22. AS 11.56.730(a) is amended to read: 03 (a) A person commits the crime [OFFENSE] of failure to appear if the person 04 (1) is released under the provisions of AS 12.30; 05 (2) knows that the person is required to appear before a court or 06 judicial officer at the time and place of a scheduled hearing; and 07 (3) with criminal negligence does not appear before the court or 08 judicial officer at the time and place of the scheduled hearing. 09 * Sec. 23. AS 11.56.730(d) is amended to read: 10 (d) Failure to appear is a 11 (1) class C felony if the person was released in connection with a 12 charge of a felony or while awaiting sentence or appeal after conviction of a felony 13 [AND THE PERSON 14 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 15 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 16 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 17 HEARING; OR 18 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 19 SCHEDULED HEARING TO AVOID PROSECUTION]; 20 (2) class A misdemeanor if the person was released in connection with 21 a 22 (A) charge of a misdemeanor, while awaiting sentence or 23 appeal after conviction of a misdemeanor; or 24 (B) [, OR IN CONNECTION WITH A] requirement to appear 25 as a material witness in a criminal proceeding [, AND THE PERSON 26 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 27 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 28 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 29 HEARING; OR 30 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 31 SCHEDULED HEARING TO AVOID PROSECUTION; OR
01 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000]. 02 * Sec. 24. AS 11.56.757(a) is amended to read: 03 (a) A person commits the crime [OFFENSE] of violation of condition of 04 release if the person 05 (1) has been charged with a crime or convicted of a crime; 06 (2) has been released under AS 12.30; and 07 (3) violates a condition of release imposed by a judicial officer under 08 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 09 * Sec. 25. AS 11.56.757(b) is amended to read: 10 (b) Violation of condition of release is a 11 (1) class A misdemeanor if the person is released from a charge or 12 conviction of a felony; 13 (2) class B misdemeanor if the person is released from a charge or 14 conviction of a misdemeanor [VIOLATION PUNISHABLE BY A FINE OF UP TO 15 $1,000]. 16 * Sec. 26. AS 11.61.110(c) is amended to read: 17 (c) Disorderly conduct is a class B misdemeanor and is punishable as 18 authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall 19 be for a definite term of not more than 10 days. 20 * Sec. 27. AS 11.61.145(d) is amended to read: 21 (d) Promoting an exhibition of fighting animals 22 (1) under (a)(1) or (2) of this section is a class C felony; 23 (2) under (a)(3) of this section is 24 [(A)] a violation 25 [(i)] for the first offense, a class B misdemeanor [; 26 (ii) PUNISHABLE BY A FINE OF NOT MORE 27 THAN $1,000] for the second offense, [;] and 28 [(B)] a class A misdemeanor for the third and each subsequent 29 offense. 30 * Sec. 28. AS 11.61.150(a) is amended to read: 31 (a) A person commits the crime [OFFENSE] of obstruction of highways if the
01 person knowingly 02 (1) places, drops, or permits to drop on a highway any substance that 03 creates a substantial risk of physical injury to others using the highway; or 04 (2) renders a highway impassable or passable only with unreasonable 05 inconvenience or hazard. 06 * Sec. 29. AS 11.61.150(c) is amended to read: 07 (c) Obstruction of highways is a class B misdemeanor [VIOLATION 08 PUNISHABLE BY A FINE OF NOT MORE THAN $1,000]. 09 * Sec. 30. AS 11.66.110(a) is amended to read: 10 (a) A person commits the crime of sex trafficking in the first degree if the 11 person 12 (1) induces or causes a [ANOTHER] person to engage in prostitution 13 through the use of force; 14 (2) as other than a patron of a prostitute, induces or causes a 15 [ANOTHER] person [WHO IS] under 20 years of age to engage in prostitution; or 16 (3) induces or causes a person in that person's legal custody to engage 17 in prostitution. 18 * Sec. 31. AS 11.66.130(a) is amended to read: 19 (a) A person commits the crime of sex trafficking in the third degree if, with 20 intent to promote prostitution, the person 21 (1) manages, supervises, controls, or owns, either alone or in 22 association with others, a place of prostitution; 23 (2) as other than a patron of a prostitute, induces or causes a 24 [ANOTHER] person who is 20 years of age or older to engage in prostitution; 25 (3) as other than a prostitute receiving compensation for personally 26 rendered prostitution services, receives or agrees to receive money or other property 27 under an agreement or understanding that the money or other property is derived from 28 prostitution; or 29 (4) engages in conduct that institutes, aids, or facilitates a prostitution 30 enterprise. 31 * Sec. 32. AS 11.66.200(c) is amended to read:
01 (c) Gambling is a violation 02 [(1)] for the first offense. Gambling is a class B misdemeanor [; 03 (2) PUNISHABLE BY A FINE OF NOT MORE THAN $1,000] for 04 the second and each subsequent offense. 05 * Sec. 33. AS 11.71 is amended by adding a new section to read: 06 Sec. 11.71.021. Misconduct involving a controlled substance in the second 07 degree. (a) Except as authorized in AS 17.30, a person commits the crime of 08 misconduct involving a controlled substance in the second degree if the person 09 (1) manufactures or delivers any amount of a schedule IA controlled 10 substance or possesses any amount of a schedule IA controlled substance with intent 11 to manufacture or deliver; 12 (2) manufactures any material, compound, mixture, or preparation that 13 contains 14 (A) methamphetamine, or its salts, isomers, or salts of isomers; 15 or 16 (B) an immediate precursor of methamphetamine, or its salts, 17 isomers, or salts of isomers; 18 (3) possesses an immediate precursor of methamphetamine, or the 19 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 20 with the intent to manufacture any material, compound, mixture, or preparation that 21 contains methamphetamine, or its salts, isomers, or salts of isomers; 22 (4) possesses a listed chemical with intent to manufacture any material, 23 compound, mixture, or preparation that contains 24 (A) methamphetamine, or its salts, isomers, or salts of isomers; 25 or 26 (B) an immediate precursor of methamphetamine, or its salts, 27 isomers, or salts of isomers; 28 (5) possesses methamphetamine in an organic solution with intent to 29 extract from it methamphetamine or its salts, isomers, or salts of isomers; or 30 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 31 delivers
01 (A) an immediate precursor of methamphetamine, or the salts, 02 isomers, or salts of isomers of the immediate precursor of methamphetamine, 03 to another person with reckless disregard that the precursor will be used to 04 manufacture any material, compound, mixture, or preparation that contains 05 methamphetamine, or its salts, isomers, or salts of isomers; or 06 (B) a listed chemical to another person with reckless disregard 07 that the listed chemical will be used to manufacture any material, compound, 08 mixture, or preparation that contains 09 (i) methamphetamine, or its salts, isomers, or salts of 10 isomers; 11 (ii) an immediate precursor of methamphetamine, or its 12 salts, isomers, or salts of isomers; or 13 (iii) methamphetamine or its salts, isomers, or salts of 14 isomers in an organic solution. 15 (b) In a prosecution under (a) of this section, possession of more than six 16 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 17 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 18 the person intended to use the listed chemicals to manufacture, to aid or abet another 19 person to manufacture, or to deliver to another person who intends to manufacture 20 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 21 of methamphetamine or its immediate precursors. The prima facie evidence described 22 in this subsection does not apply to a person who possesses 23 (1) the listed chemicals ephedrine, pseudoephedrine, 24 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 25 (A) and the listed chemical was dispensed to the person under a 26 valid prescription; or 27 (B) in the ordinary course of a legitimate business, or an 28 employee of a legitimate business, as a 29 (i) retailer or as a wholesaler; 30 (ii) wholesale drug distributor licensed by the Board of 31 Pharmacy;
01 (iii) manufacturer of drug products licensed by the 02 Board of Pharmacy; 03 (iv) pharmacist licensed by the Board of Pharmacy; or 04 (v) health care professional licensed by the state; or 05 (2) less than 24 grams of ephedrine, pseudoephedrine, 06 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 07 kept in a locked storage area on the premises of a legitimate business or nonprofit 08 organization operating a camp, lodge, school, day care center, treatment center, or 09 other organized group activity, and the location or nature of the activity, or the age of 10 the participants, makes it impractical for the participants in the activity to obtain 11 medicinal products. 12 (c) In this section, "listed chemical" means a chemical described under 13 AS 11.71.200. 14 (d) Misconduct involving a controlled substance in the second degree is a 15 class A felony. 16 * Sec. 34. AS 11.71.030(a) is amended to read: 17 (a) Except as authorized in AS 17.30, a person commits the crime of 18 misconduct involving a controlled substance in the third [SECOND] degree if the 19 person 20 (1) manufactures or delivers, or possesses with intent to manufacture 21 or deliver, 22 (A) one or more preparations, compounds, mixtures, or 23 substances of an aggregate weight of one gram or more containing a schedule 24 IA controlled substance; 25 (B) 25 or more tablets, ampules, or syrettes containing a 26 schedule IA controlled substance; 27 (C) one or more preparations, compounds, mixtures, or 28 substances of an aggregate weight of 2.5 grams or more containing a schedule 29 IIA or IIIA controlled substance; or 30 (D) 50 or more tablets, ampules, or syrettes containing a 31 schedule IIA or IIIA controlled substance;
01 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 02 substance to a person under 19 years of age who is at least three years younger than 03 the person delivering the substance; 04 (3) possesses any amount of a schedule IA or IIA controlled substance 05 (A) with reckless disregard that the possession occurs 06 (i) on or within 500 feet of school grounds; or 07 (ii) at or within 500 feet of a recreation or youth center; 08 or 09 (B) on a school bus; 10 (4) manufactures any material, compound, mixture, or preparation that 11 contains 12 (A) methamphetamine, or its salts, isomers, or salts of isomers; 13 or 14 (B) an immediate precursor of methamphetamine, or its salts, 15 isomers, or salts of isomers; 16 (5) possesses an immediate precursor of methamphetamine, or the 17 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 18 with the intent to manufacture any material, compound, mixture, or preparation that 19 contains methamphetamine, or its salts, isomers, or salts of isomers; 20 (6) possesses a listed chemical with intent to manufacture any material, 21 compound, mixture, or preparation that contains 22 (A) methamphetamine, or its salts, isomers, or salts of isomers; 23 or 24 (B) an immediate precursor of methamphetamine, or its salts, 25 isomers, or salts of isomers; 26 (7) possesses methamphetamine in an organic solution with intent to 27 extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR] 28 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 29 delivers 30 (A) an immediate precursor of methamphetamine, or the salts, 31 isomers, or salts of isomers of the immediate precursor of methamphetamine,
01 to another person with reckless disregard that the precursor will be used to 02 manufacture any material, compound, mixture, or preparation that contains 03 methamphetamine, or its salts, isomers, or salts of isomers; or 04 (B) a listed chemical to another person with reckless disregard 05 that the listed chemical will be used to manufacture any material, compound, 06 mixture, or preparation that contains 07 (i) methamphetamine, or its salts, isomers, or salts of 08 isomers; 09 (ii) an immediate precursor of methamphetamine, or its 10 salts, isomers, or salts of isomers; or 11 (iii) methamphetamine or its salts, isomers, or salts of 12 isomers in an organic solution; or 13 (9) under circumstances not proscribed under AS 11.71.021(a)(2) - 14 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled 15 substance or possesses any amount of a schedule IIA or IIIA controlled substance 16 with intent to manufacture or deliver. 17 * Sec. 35. AS 11.71.030(d) is amended to read: 18 (d) Misconduct involving a controlled substance in the third [SECOND] 19 degree is a class B felony. 20 * Sec. 36. AS 11.71.040(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 fourth [THIRD] degree if the 23 person 24 (1) manufactures or delivers any amount of a schedule IVA or VA 25 controlled substance or possesses any amount of a schedule IVA or VA controlled 26 substance with intent to manufacture or deliver; 27 (2) manufactures or delivers, or possesses with the intent to 28 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 29 of an aggregate weight of one ounce or more containing a schedule VIA controlled 30 substance; 31 (3) possesses
01 (A) any amount of a 02 (i) schedule IA controlled substance [LISTED IN 03 AS 11.71.140(e)]; 04 (ii) IIA controlled substance except a controlled 05 substance listed in AS 11.71.150(e)(11) - (15); 06 (B) 25 or more tablets, ampules, or syrettes containing a 07 schedule IIIA or IVA controlled substance; 08 (C) one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of 10 (i) three grams or more containing a schedule IIIA 11 or IVA controlled substance except a controlled substance in a 12 form listed in (ii) of this subparagraph; 13 (ii) 12 grams or more containing a schedule IIIA 14 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 15 sprayed on or otherwise applied to tobacco, an herb, or another 16 organic material; or 17 (iii) 500 milligrams or more of a schedule IIA 18 controlled substance listed in AS 11.71.150(e)(11) - (15); 19 (D) 50 or more tablets, ampules, or syrettes containing a 20 schedule VA controlled substance; 21 (E) one or more preparations, compounds, mixtures, or 22 substances of an aggregate weight of six grams or more containing a 23 schedule VA controlled substance; 24 (F) one or more preparations, compounds, mixtures, or 25 substances of an aggregate weight of four ounces or more containing a 26 schedule VIA controlled substance; or 27 (G) 25 or more plants of the genus cannabis; 28 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 29 (A) with reckless disregard that the possession occurs 30 (i) on or within 500 feet of school grounds; or 31 (ii) at or within 500 feet of a recreation or youth center;
01 or 02 (B) on a school bus; 03 (5) knowingly keeps or maintains any store, shop, warehouse, 04 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 05 keeping or distributing controlled substances in violation of a felony offense under this 06 chapter or AS 17.30; 07 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 08 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 09 mark, imprint, or device of another or any likeness of any of these on a drug, drug 10 container, or labeling so as to render the drug a counterfeit substance; 11 (7) knowingly uses in the course of the manufacture or distribution of a 12 controlled substance a registration number that is fictitious, revoked, suspended, or 13 issued to another person; 14 (8) knowingly furnishes false or fraudulent information in or omits 15 material information from any application, report, record, or other document required 16 to be kept or filed under AS 17.30; 17 (9) obtains possession of a controlled substance by misrepresentation, 18 fraud, forgery, deception, or subterfuge; 19 (10) affixes a false or forged label to a package or other container 20 containing any controlled substance; or 21 (11) manufactures or delivers, or possesses with the intent to 22 manufacture or deliver, 23 (A) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of less than one gram containing a schedule 25 IA controlled substance; 26 (B) less than 25 tablets, ampules, or syrettes containing a 27 schedule IA controlled substance; 28 (C) one or more preparations, compounds, mixtures, or 29 substances of an aggregate weight of less than 2.5 grams containing a schedule 30 IIA or IIIA controlled substance; or 31 (D) less than 50 tablets, ampules, or syrettes containing a
01 schedule IIA or IIIA controlled substance. 02 * Sec. 37. AS 11.71.040(d) is amended to read: 03 (d) Misconduct involving a controlled substance in the fourth [THIRD] 04 degree is a class C felony. 05 * Sec. 38. AS 11.71.050 is amended to read: 06 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth 07 [FOURTH] degree. (a) Except as authorized in AS 17.30, a person commits the 08 crime of misconduct involving a controlled substance in the fifth [FOURTH] degree if 09 the person 10 (1) manufactures or delivers, or possesses with the intent to 11 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 12 of an aggregate weight of less than one ounce containing a schedule VIA controlled 13 substance; 14 (2) [REPEALED] 15 (3) fails to make, keep, or furnish any record, notification, order form, 16 statement, invoice, or information required under AS 17.30; [OR] 17 (4) under circumstances not proscribed under AS 11.71.040(a)(3) or 18 11.71.060(a)(2)(B), possesses any amount of a schedule IA, IIA, IIIA, IVA, VA, or 19 VIA controlled substance; or 20 (5) possesses 21 (A) less than 25 tablets, ampules, or syrettes containing a 22 schedule IIIA or IVA controlled substance; 23 (B) one or more preparations, compounds, mixtures, or 24 substances of an aggregate weight of less than 25 (i) three grams containing a schedule IIIA or IVA 26 controlled substance except a controlled substance in a form listed 27 in (ii) of this subparagraph; 28 (ii) 12 grams but more than six grams containing a 29 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 30 (16) that has been sprayed on or otherwise applied to tobacco, an 31 herb, or another organic material; or
01 (iii) 500 milligrams containing a schedule IIA 02 controlled substance listed in AS 11.71.150(e)(11) - (15); 03 (C) less than 50 tablets, ampules, or syrettes containing a 04 schedule VA controlled substance; 05 (D) one or more preparations, compounds, mixtures, or 06 substances of an aggregate weight of less than six grams containing a 07 schedule VA controlled substance; or 08 (E) one or more preparations, compounds, mixtures, or 09 substances of an aggregate weight of one ounce or more containing a 10 schedule VIA controlled substance. 11 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 12 degree is a class A misdemeanor. 13 * Sec. 39. AS 11.71.060 is amended to read: 14 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth 15 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime 16 of misconduct involving a controlled substance in the sixth [FIFTH] degree if the 17 person 18 (1) uses or displays any amount of a schedule VIA controlled 19 substance; 20 (2) possesses one or more preparations, compounds, mixtures, or 21 substances of an aggregate weight of 22 (A) less than one ounce containing a schedule VIA controlled 23 substance; 24 (B) six grams or less containing a schedule IIIA controlled 25 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 26 otherwise applied to tobacco, an herb, or another organic material; or 27 (3) refuses entry into a premise for an inspection authorized under 28 AS 17.30. 29 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 30 is a class B misdemeanor. 31 * Sec. 40. AS 11.71.311(a) is amended to read:
01 (a) A person may not be prosecuted for a violation of AS 11.71.030(a)(3), 02 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if 03 that person 04 (1) sought, in good faith, medical or law enforcement assistance for 05 another person who the person reasonably believed was experiencing a drug overdose 06 and 07 (A) the evidence supporting the prosecution for an offense 08 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5) 09 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 10 result of the person seeking medical or law enforcement assistance; 11 (B) the person remained at the scene with the other person until 12 medical or law enforcement assistance arrived; and 13 (C) the person cooperated with medical or law enforcement 14 personnel, including by providing identification; 15 (2) was experiencing a drug overdose and sought medical assistance, 16 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 17 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) 18 was obtained as a result of the overdose and the need for medical assistance. 19 * Sec. 41. AS 12.25.150(a), as amended by sec. 50, ch. 36, SLA 2016, is amended to read: 20 (a) A person arrested shall be taken before a judge or magistrate without 21 unnecessary delay, and in any event within 48 [24] hours after arrest, [ABSENT 22 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE 23 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES 24 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT 25 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED 26 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A 27 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR 28 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 29 ARREST.] This requirement applies to municipal police officers to the same extent as 30 it does to state troopers. 31 * Sec. 42. AS 12.25.180(a) is amended to read:
01 (a) When a peace officer stops or contacts a person for the commission of [A 02 CLASS C FELONY OFFENSE,] a misdemeanor [,] or the violation of a municipal 03 ordinance, the officer may, in the officer's discretion, issue a citation to the person 04 instead of taking the person before a judge or magistrate under AS 12.25.150, unless 05 [EXCEPT THE OFFICER MAY ARREST IF] 06 (1) the person does not furnish satisfactory evidence of identity; 07 (2) the peace officer reasonably believes the person is a danger to self 08 or others; 09 (3) the crime for which the person is contacted is one involving 10 violence or harm to another person or to property; 11 (4) the person asks to be taken before a judge or magistrate under 12 AS 12.25.150; or 13 (5) the peace officer has probable cause to believe the person 14 committed a crime involving domestic violence; in this paragraph, "crime involving 15 domestic violence" has the meaning given in AS 18.66.990. 16 * Sec. 43. AS 12.25.180(b) is amended to read: 17 (b) When a peace officer stops or contacts a person for the commission of an 18 infraction or a violation, the officer shall issue a citation instead of taking the person 19 before a judge or magistrate under AS 12.25.150, unless [EXCEPT THE OFFICER 20 MAY ARREST IF] 21 (1) the person does not furnish satisfactory evidence of identity; or 22 (2) the person refuses to accept service of the citation [; OR 23 (3) THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE 24 THE PERSON HAS COMMITTED 25 (A) A VIOLATION OF CONDITIONS OF RELEASE 26 UNDER AS 11.56.757; OR 27 (B) THE OFFENSE OF FAILURE TO APPEAR UNDER 28 AS 11.56.730]. 29 * Sec. 44. AS 12.25.190(b) is amended to read: 30 (b) The time specified in the notice to appear shall be at least five [TWO] 31 working days after the issuance of the citation [UNDER AS 12.25.180(a)].
01 * Sec. 45. AS 12.30.006(b), as amended by sec. 55, ch. 36, SLA 2016, is amended to read: 02 (b) At the first appearance before a judicial officer, a person who is charged 03 with a felony [, OTHER THAN A CLASS C FELONY AND THE PERSON HAS 04 BEEN ASSESSED AS LOW RISK UNDER AS 12.30.011(c)(1),] may be detained up 05 to 48 hours for the prosecuting authority to demonstrate that release of the person 06 under AS 12.30.011(a) [AS 12.30.011] would not reasonably ensure the appearance of 07 the person or will pose a danger to the victim, other persons, or the community. 08 * Sec. 46. AS 12.30.006(c), as amended by sec. 56, ch. 36, SLA 2016, is amended to read: 09 (c) A person who remains in custody 48 hours after appearing before a judicial 10 officer because of inability to meet the conditions of release shall, upon application, be 11 entitled to have the conditions reviewed by the judicial officer who imposed them. If 12 the judicial officer who imposed the conditions of release is not available, any judicial 13 officer in the judicial district may review the conditions. [UPON REVIEW OF THE 14 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS 15 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING 16 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT 17 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE 18 RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE 19 (1) APPEARANCE OF THE PERSON IN COURT; AND 20 (2) SAFETY OF THE VICTIM, OTHER PERSONS, AND THE 21 COMMUNITY.] 22 * Sec. 47. AS 12.30.006(d), as amended by sec. 57, ch. 36, SLA 2016, is amended to read: 23 (d) If a person remains in custody after review of conditions by a judicial 24 officer under (c) of this section, the person may request a subsequent review of 25 conditions. Unless the prosecuting authority stipulates otherwise or the person has 26 been incarcerated for a period equal to the maximum sentence for the most serious 27 charge for which the person is being held, a judicial officer may not schedule a bail 28 review hearing under this subsection unless 29 (1) the person provides to the court and the prosecuting authority a 30 written statement that new information not considered at the previous review will be 31 presented at the hearing; the statement must include a description of the information
01 and the reason the information was not presented at a previous hearing; in this 02 paragraph, "new information" does not include [INCLUDES] the [PERSON'S] 03 inability to post the required bail; 04 (2) the prosecuting authority and any surety, if applicable, have at least 05 48 hours' written notice before the time set for the review requested under this 06 subsection; the defendant shall notify the surety; and 07 (3) at least seven days have elapsed between the previous review and 08 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE 09 ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]. 10 * Sec. 48. AS 12.30.006(f), as amended by sec. 58, ch. 36, SLA 2016, is amended to read: 11 (f) The judicial officer shall issue written or oral findings that explain the 12 reasons the officer imposed the particular conditions of release or modifications or 13 additions to conditions previously imposed. The judicial officer shall inform the 14 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER 15 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's 16 order establishing conditions of release. 17 * Sec. 49. AS 12.30.011, as repealed and reenacted by sec. 59, ch. 36, SLA 2016, is 18 repealed and reenacted to read: 19 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this 20 chapter, a judicial officer shall order a person charged with an offense to be released 21 on the person's personal recognizance or upon execution of an unsecured appearance 22 bond, on the condition that the person 23 (1) obey all court orders and all federal, state, and local laws; 24 (2) appear in court when ordered; 25 (3) if represented, maintain contact with the person's lawyer; and 26 (4) notify the person's lawyer, who shall notify the prosecuting 27 authority and the court, not more than 24 hours after the person changes residence. 28 (b) If a judicial officer determines that the release under (a) of this section will 29 not reasonably ensure the appearance of the person or will pose a danger to the victim, 30 other persons, or the community, the officer shall impose the least restrictive condition 31 or conditions that will reasonably ensure the person's appearance and protect the
01 victim, other persons, and the community. In addition to conditions under (a) of this 02 section, the judicial officer may, singly or in combination, 03 (1) require the execution of an appearance bond in a specified amount 04 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent 05 of the amount of the bond; 06 (2) require the execution of a bail bond with sufficient solvent sureties 07 or the deposit of cash; 08 (3) require the execution of a performance bond in a specified amount 09 of cash to be deposited in the registry of the court; 10 (4) place restrictions on the person's travel, association, or residence; 11 (5) order the person to refrain from possessing a deadly weapon on the 12 person or in the person's vehicle or residence; 13 (6) require the person to maintain employment or, if unemployed, 14 actively seek employment; 15 (7) require the person to notify the person's lawyer and the prosecuting 16 authority within two business days after any change in employment; 17 (8) require the person to avoid all contact with a victim, a potential 18 witness, or a codefendant; 19 (9) require the person to refrain from the consumption and possession 20 of alcoholic beverages; 21 (10) require the person to refrain from the use of a controlled substance 22 as defined by AS 11.71, unless prescribed by a licensed health care provider with 23 prescriptive authority; 24 (11) require the person to be physically inside the person's residence, 25 or in the residence of the person's third-party custodian, at time periods set by the 26 court; 27 (12) require the person to keep regular contact with a law enforcement 28 officer or agency; 29 (13) order the person to refrain from entering or remaining in premises 30 licensed under AS 04; 31 (14) place the person in the custody of an individual who agrees to
01 serve as a third-party custodian of the person as provided in AS 12.30.021; 02 (15) if the person is under the treatment of a licensed health care 03 provider, order the person to follow the provider's treatment recommendations; 04 (16) order the person to take medication that has been prescribed for 05 the person by a licensed health care provider with prescriptive authority; 06 (17) order the person to comply with any other condition that is 07 reasonably necessary to ensure the appearance of the person and to ensure the safety 08 of the victim, other persons, and the community; 09 (18) require the person to comply with a program established under 10 AS 47.38.020 if the person has been charged with an alcohol-related or substance- 11 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony, 12 or a crime involving domestic violence. 13 (c) In determining the conditions of release under this chapter, the court shall 14 consider the following: 15 (1) the nature and circumstances of the offense charged; 16 (2) the weight of the evidence against the person; 17 (3) the nature and extent of the person's family ties and relationships; 18 (4) the person's employment status and history; 19 (5) the length and character of the person's past and present residence; 20 (6) the person's record of convictions; 21 (7) the person's record of appearance at court proceedings; 22 (8) assets available to the person to meet monetary conditions of 23 release; 24 (9) the person's reputation, character, and mental condition; 25 (10) the effect of the offense on the victim, any threats made to the 26 victim, and the danger that the person poses to the victim; 27 (11) any other facts that are relevant to the person's appearance or the 28 person's danger to the victim, other persons, or the community. 29 (d) In making a finding regarding the release of a person under this chapter, 30 (1) except as otherwise provided in this chapter, the burden of proof is 31 on the prosecuting authority that a person charged with an offense should be detained
01 or released with conditions described in (b) of this section or AS 12.30.016; 02 (2) there is a rebuttable presumption that no condition or combination 03 of conditions will reasonably ensure the appearance of the person or the safety of the 04 victim, other persons, or the community, if the person is 05 (A) charged with an unclassified felony, a class A felony, a 06 sexual felony, or a felony under AS 28.35.030 or 28.35.032; 07 (B) charged with a felony crime against a person under 08 AS 11.41, was previously convicted of a felony crime against a person under 09 AS 11.41 in this state or a similar offense in another jurisdiction, and less than 10 five years have elapsed between the date of the person's unconditional 11 discharge on the immediately preceding offense and the commission of the 12 present offense; 13 (C) charged with a felony offense committed while the person 14 was on release under this chapter for a charge or conviction of another offense; 15 (D) charged with a crime involving domestic violence, and has 16 been convicted in the previous five years of a crime involving domestic 17 violence in this state or a similar offense in another jurisdiction; 18 (E) arrested in connection with an accusation that the person 19 committed a felony outside the state or is a fugitive from justice from another 20 jurisdiction, and the court is considering release under AS 12.70. 21 * Sec. 50. AS 12.30.016(b), as amended by sec. 60, ch. 36, SLA 2016, is amended to read: 22 (b) In a prosecution charging a violation of AS 04.11.010, 04.11.499, 23 AS 28.35.030, or 28.35.032, a judicial officer may order the person 24 (1) to refrain from 25 (A) consuming alcoholic beverages; or 26 (B) possessing on the person, in the person's residence, or in 27 any vehicle or other property over which the person has control, alcoholic 28 beverages; 29 (2) to submit to a search without a warrant of the person, the person's 30 personal property, the person's residence, or any vehicle or other property over which 31 the person has control, for the presence of alcoholic beverages by a peace officer [OR
01 PRETRIAL SERVICES OFFICER] who has reasonable suspicion that the person is 02 violating the conditions of the person's release by possessing alcoholic beverages; 03 (3) to submit to a breath test when requested by a law enforcement 04 officer [OR PRETRIAL SERVICES OFFICER]; 05 (4) to provide a sample for a urinalysis or blood test when requested by 06 a law enforcement officer [OR PRETRIAL SERVICES OFFICER]; 07 (5) to take a drug or combination of drugs intended to prevent 08 substance abuse; 09 (6) to follow any treatment plan imposed by the court under 10 AS 28.35.028; 11 (7) to comply with a program established under AS 47.38.020. 12 * Sec. 51. AS 12.30.016(c), as amended by sec. 61, ch. 36, SLA 2016, is amended to read: 13 (c) In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial 14 officer may order the person 15 (1) to refrain from 16 (A) consuming a controlled substance; or 17 (B) possessing on the person, in the person's residence, or in 18 any vehicle or other property over which the person has control, a controlled 19 substance or drug paraphernalia; 20 (2) to submit to a search without a warrant of the person, the person's 21 personal property, the person's residence, or any vehicle or other property over which 22 the person has control, for the presence of a controlled substance or drug paraphernalia 23 by a peace officer [OR PRETRIAL SERVICES OFFICER] who has reasonable 24 suspicion that the person is violating the terms of the person's release by possessing 25 controlled substances or drug paraphernalia; 26 (3) to enroll in a random drug testing program, at the person's expense, 27 [WITH TESTING TO OCCUR NOT LESS THAN ONCE A WEEK, OR TO 28 SUBMIT TO RANDOM DRUG TESTING BY THE PRETRIAL SERVICES 29 OFFICE IN THE DEPARTMENT OF CORRECTIONS] to detect the presence of a 30 controlled substance, with testing to occur not less than once a week, and with the 31 results being submitted to the court and the prosecuting authority;
01 (4) to refrain from entering or remaining in a place where a controlled 02 substance is being used, manufactured, grown, or distributed; 03 (5) to refrain from being physically present at, within a two-block area 04 of, or within a designated area near, the location where the alleged offense occurred or 05 at other designated places, unless the person actually resides within that area; 06 (6) to refrain from the use or possession of an inhalant; or 07 (7) to comply with a program established under AS 47.38.020. 08 * Sec. 52. AS 12.30.016 is amended by adding a new subsection to read: 09 (g) In a prosecution charging misconduct involving a controlled substance 10 under AS 11.71.021(a)(2) for the manufacture of methamphetamine, or its salts, 11 isomers, or salts of isomers, if the person has been previously convicted in this or 12 another jurisdiction of a crime involving the manufacturing, delivering, or possessing 13 of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall 14 require the posting of a minimum of $250,000 cash bond before the person may be 15 released. The judicial officer may reduce this requirement if the person proves to the 16 satisfaction of the officer that the person's only role in the offense was as an aider or 17 abettor and that the person did not stand to benefit financially from the manufacturing. 18 * Sec. 53. AS 12.30.021(a), as amended by sec. 62, ch. 36, SLA 2016, is amended to read: 19 (a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, 20 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE 21 RECORD,] that the appointment will, singly or in combination with other 22 conditions, 23 [(1) PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT 24 AVAILABLE IN THE PERSON'S LOCATION; 25 (2) NO SECURED APPEARANCE OR PERFORMANCE BONDS 26 HAVE BEEN ORDERED; AND 27 (3) NO OTHER CONDITIONS OF RELEASE OR COMBINATION 28 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of 29 the victim, other persons, and the community. 30 * Sec. 54. AS 12.30.021(c), as amended by sec. 63, ch. 36, SLA 2016, is amended to read: 31 (c) A judicial officer may not appoint a person as a third-party custodian if
01 (1) the proposed custodian is acting as a third-party custodian for 02 another person; 03 (2) the proposed custodian has been convicted in the previous three 04 years of a crime under AS 11.41 or a similar crime in this or another jurisdiction; 05 (3) criminal charges are pending in this state or another jurisdiction 06 against the proposed custodian; 07 (4) the proposed custodian is on probation in this state or another 08 jurisdiction for an offense; 09 (5) [THERE IS A REASONABLE PROBABILITY THAT THE 10 STATE WILL CALL] the proposed custodian may be called as a witness in the 11 prosecution of the person; 12 (6) the proposed custodian resides out of state; however, a nonresident 13 may serve as a custodian if the nonresident resides in the state while serving as 14 custodian. 15 * Sec. 55. AS 12.55.025(a) is amended to read: 16 (a) When imposing a sentence for conviction of a felony offense or a sentence 17 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 18 regulation adopted under AS 04, or an ordinance adopted in conformity with 19 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 20 includes the following: 21 (1) a verbatim record of the sentencing hearing and any other in-court 22 sentencing procedures; 23 (2) findings on material issues of fact and on factual questions required 24 to be determined as a prerequisite to the selection of the sentence imposed; 25 (3) a clear statement of the terms of the sentence imposed; if a term of 26 imprisonment is imposed, the statement must include 27 (A) the approximate minimum term the defendant is expected 28 to serve before being released or placed on mandatory parole if the defendant 29 is eligible for and does not forfeit good conduct deductions under 30 AS 33.20.010; and 31 (B) if applicable, the approximate minimum term of
01 imprisonment the defendant must serve before becoming eligible for release on 02 discretionary [OR ADMINISTRATIVE] parole; 03 (4) any recommendations as to the place of confinement or the manner 04 of treatment; and 05 (5) in the case of a conviction for a felony offense, information 06 assessing 07 (A) the financial, emotional, and medical effects of the offense 08 on the victim; 09 (B) the need of the victim for restitution; and 10 (C) any other information required by the court. 11 * Sec. 56. AS 12.55.025(c) is amended to read: 12 (c) Except as provided in (d) of this section, when a defendant is sentenced to 13 imprisonment, the term of confinement commences on the date of imposition of 14 sentence unless the court specifically provides that the defendant must report to serve 15 the sentence on another date. If the court provides another date to begin the term of 16 confinement, the court shall provide the defendant with written notice of the date, 17 time, and location of the correctional facility to which the defendant must report. A 18 defendant shall receive credit for time spent in custody pending trial, sentencing, or 19 appeal, if the detention was in connection with the offense for which sentence was 20 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS 21 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the 22 actual time spent in custody pending trial, sentencing, or appeal. The time during 23 which a defendant is voluntarily absent from official detention after the defendant has 24 been sentenced may not be credited toward service of the sentence. 25 * Sec. 57. AS 12.55.027(a) is amended to read: 26 (a) A court may grant a defendant credit toward a sentence of imprisonment 27 for time spent in a treatment program or under electronic monitoring only as 28 provided in [THAT FURTHERS THE REFORMATION AND REHABILITATION 29 OF THE DEFENDANT IF THE COURT FINDS THAT THE PROGRAM PLACES 30 A SUBSTANTIAL RESTRICTION ON THE DEFENDANT'S FREEDOM OF 31 MOVEMENT AND BEHAVIOR AND IS CONSISTENT WITH] this section.
01 * Sec. 58. AS 12.55.027(b) is repealed and reenacted to read: 02 (b) A court may grant a defendant one day of credit toward a sentence of 03 imprisonment for each full day the defendant resided in the facility of a treatment 04 program and observed the rules of the treatment program and the facility if 05 (1) the court finds that the treatment program meets the standards 06 described in (c) of this section; 07 (2) before the defendant entered the treatment program, the court 08 ordered the defendant to reside in the facility of the treatment program and participate 09 in the treatment program as a condition of bail release or a condition of probation; and 10 (3) the court has received a written report from the director of the 11 program that 12 (A) states that the defendant has participated in the treatment 13 plan prescribed for the defendant and has complied with the requirements of 14 the plan; and 15 (B) sets out the number of full days the defendant resided in the 16 facility of the treatment program and observed the rules of the treatment 17 program and facility. 18 * Sec. 59. AS 12.55.027(c) is repealed and reenacted to read: 19 (c) To qualify for credit against a sentence of imprisonment for a day spent in 20 a treatment program, the treatment program and the facility of the treatment program 21 must impose substantial restrictions on a person's liberty on that day that are 22 equivalent to incarceration, including the requirement that a participant in the program 23 (1) must live in a residential facility operated by the program; 24 (2) must be confined at all times to the grounds of the facility or be in 25 the physical custody of an employee of the facility, except for 26 (A) court appearances; 27 (B) meetings with counsel; 28 (C) employment, vocational training, or community volunteer 29 work required by the treatment program; and 30 (D) periods during which the resident is permitted to leave the 31 facility for rehabilitative purposes directly related to the person's treatment, so
01 long as the periods during which the resident is permitted to leave the facility 02 are expressly limited as to both time and purpose by the treatment program; 03 (3) is subject to disciplinary sanctions by the program if the participant 04 violates rules of the program and facility; sanctions must be in writing and available 05 for court review; and 06 (4) is subject to immediate arrest, without warrant, if the participant 07 leaves the facility without permission. 08 * Sec. 60. AS 12.55.035(b) is amended to read: 09 (b) Upon conviction of an offense, a defendant who is not an organization may 10 be sentenced to pay, unless otherwise specified in the provision of law defining the 11 offense, a fine of not more than 12 (1) $500,000 for murder in the first or second degree, attempted 13 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 14 sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 15 degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in 16 the first degree; 17 (2) $250,000 for a class A felony; 18 (3) $100,000 for a class B felony; 19 (4) $50,000 for a class C felony; 20 (5) $10,000 [$25,000] for a class A misdemeanor; 21 (6) $2,000 for a class B misdemeanor; 22 (7) $500 for a violation. 23 * Sec. 61. AS 12.55.051(a) is amended to read: 24 (a) If the defendant defaults in the payment of a fine or any installment or of 25 restitution or any installment, the court may order the defendant to show cause why 26 the defendant should not be sentenced to imprisonment for nonpayment and, if the 27 payment was made a condition of the defendant's probation, may revoke the probation 28 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a 29 contempt or probation revocation proceeding brought as a result of failure to pay a 30 fine or restitution, it is an affirmative defense that the defendant was unable to pay 31 despite having made continuing good faith efforts to pay the fine or restitution. If the
01 court finds that the defendant was unable to pay despite having made continuing good 02 faith efforts, the defendant may not be imprisoned solely because of the inability to 03 pay. If the court does not find that the default was attributable to the defendant's 04 inability to pay despite having made continuing good faith efforts to pay the fine or 05 restitution, the court may order the defendant imprisoned until the order of the court 06 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of 07 imprisonment imposed under this section may not exceed one day for each $50 of the 08 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall 09 be given toward satisfaction of the order of the court for every day a person is 10 incarcerated for nonpayment of a fine or restitution. 11 * Sec. 62. AS 12.55.055(a) is amended to read: 12 (a) The court may order a defendant convicted of an offense to perform 13 community work as a condition of probation, a suspended sentence, or suspended 14 imposition of sentence, [OR SUSPENDED ENTRY OF JUDGMENT,] or in addition 15 to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the 16 court may recommend to the Department of Corrections that the defendant perform 17 community work. 18 * Sec. 63. AS 12.55.055(c) is amended to read: 19 (c) The court may offer a defendant convicted of an offense the option of 20 performing community work in lieu of a fine, surcharge, or portion of a fine or 21 surcharge if the court finds the defendant is unable to pay the fine. The value of 22 community work in lieu of a fine is $3 [THE STATE'S MINIMUM WAGE] for each 23 hour. 24 * Sec. 64. AS 12.55.090(b) is amended to read: 25 (b) Except as otherwise provided in (f) of this section, the court may revoke or 26 modify any condition of probation or may [,] change the period of probation [, OR 27 TERMINATE PROBATION AND DISCHARGE THE DEFENDANT FROM 28 PROBATION]. 29 * Sec. 65. AS 12.55.090(c) is amended to read: 30 (c) The period of probation, together with any extension, may not exceed 31 (1) 25 [15] years for a felony sex offense; or
01 (2) 10 years for any other offense [AN UNCLASSIFIED FELONY 02 UNDER AS 11; 03 (3) FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1) 04 OR (2) OF THIS SUBSECTION; 05 (4) THREE YEARS FOR A MISDEMEANOR OFFENSE 06 (A) UNDER AS 11.41; 07 (B) THAT IS A CRIME INVOLVING DOMESTIC 08 VIOLENCE; OR 09 (C) THAT IS A SEX OFFENSE, AS THAT TERM IS 10 DEFINED IN AS 12.63.100; 11 (5) TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER 12 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN 13 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A 14 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR 15 (6) ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF 16 THIS SUBSECTION]. 17 * Sec. 66. AS 12.55.090(f) is amended to read: 18 (f) Unless the defendant and the prosecuting authority agree at the probation 19 revocation proceeding or other proceeding [RELATED TO A PROBATION 20 VIOLATION, THE PERSON QUALIFIES FOR A REDUCTION UNDER 21 AS 33.05.020(h), OR A PROBATION OFFICER RECOMMENDS TO THE COURT 22 THAT PROBATION BE TERMINATED AND THE DEFENDANT BE 23 DISCHARGED FROM PROBATION UNDER (g) OF THIS SECTION OR 24 AS 33.05.040], the court may not reduce the specific period of probation or the 25 specific term of suspended incarceration except by the amount of incarceration 26 imposed for a probation violation, if 27 (1) the sentence was imposed in accordance with a plea agreement 28 under Rule 11, Alaska Rules of Criminal Procedure; and 29 (2) the agreement required a specific period of probation or a specific 30 term of suspended incarceration. 31 * Sec. 67. AS 12.55.115 is amended to read:
01 Sec. 12.55.115. Fixing eligibility for discretionary [OR 02 ADMINISTRATIVE] parole at sentencing. The court may, as part of a sentence of 03 imprisonment, further restrict the eligibility of a prisoner for discretionary [OR 04 ADMINISTRATIVE] parole for a term greater than that required under AS 33.16.090 05 [AS 33.16.089, 33.16.090,] and 33.16.100. 06 * Sec. 68. AS 12.55.125(a) is amended to read: 07 (a) A defendant convicted of murder in the first degree or murder of an unborn 08 child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment 09 of at least 20 [30] years but not more than 99 years. A defendant convicted of murder 10 in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years 11 when 12 (1) the defendant is convicted of the murder of a uniformed or 13 otherwise clearly identified peace officer, firefighter, or correctional employee who 14 was engaged in the performance of official duties at the time of the murder; 15 (2) the defendant has been previously convicted of 16 (A) murder in the first degree under AS 11.41.100 or former 17 AS 11.15.010 or 11.15.020; 18 (B) murder in the second degree under AS 11.41.110 or former 19 AS 11.15.030; or 20 (C) homicide under the laws of another jurisdiction when the 21 offense of which the defendant was convicted contains elements similar to first 22 degree murder under AS 11.41.100 or second degree murder under 23 AS 11.41.110; 24 (3) the defendant subjected the murder victim to substantial physical 25 torture; 26 (4) the defendant is convicted of the murder of and personally caused 27 the death of a person, other than a participant, during a robbery; or 28 (5) the defendant is a peace officer who used the officer's authority as a 29 peace officer to facilitate the murder. 30 * Sec. 69. AS 12.55.125(b) is amended to read: 31 (b) A defendant convicted of attempted murder in the first degree, solicitation
01 to commit murder in the first degree, conspiracy to commit murder in the first degree, 02 kidnapping, or misconduct involving a controlled substance in the first degree shall be 03 sentenced to a definite term of imprisonment of at least five years but not more than 04 99 years. A defendant convicted of murder in the second degree or murder of an 05 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 06 imprisonment of at least 10 [15] years but not more than 99 years. A defendant 07 convicted of murder in the second degree shall be sentenced to a definite term of 08 imprisonment of at least 20 years but not more than 99 years when the defendant is 09 convicted of the murder of a child under 16 years of age and the court finds by clear 10 and convincing evidence that the defendant (1) was a natural parent, a stepparent, an 11 adoptive parent, a legal guardian, or a person occupying a position of authority in 12 relation to the child; or (2) caused the death of the child by committing a crime against 13 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 14 "position of authority" have the meanings given in AS 11.41.470. 15 * Sec. 70. AS 12.55.125(c) is amended to read: 16 (c) Except as provided in (i) of this section, a defendant convicted of a class A 17 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 18 and shall be sentenced to a definite term within the following presumptive ranges, 19 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 20 (1) if the offense is a first felony conviction and does not involve 21 circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years; 22 (2) if the offense is a first felony conviction 23 (A) and the defendant possessed a firearm, used a dangerous 24 instrument, or caused serious physical injury or death during the commission 25 of the offense, or knowingly directed the conduct constituting the offense at a 26 uniformed or otherwise clearly identified peace officer, firefighter, correctional 27 employee, emergency medical technician, paramedic, ambulance attendant, or 28 other emergency responder who was engaged in the performance of official 29 duties at the time of the offense, seven [FIVE] to 11 [NINE] years; 30 (B) and the conviction is for manufacturing related to 31 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if
01 (i) the manufacturing occurred in a building with 02 reckless disregard that the building was used as a permanent or 03 temporary home or place of lodging for one or more children 04 under 18 years of age or the building was a place frequented by 05 children; or 06 (ii) in the course of manufacturing or in preparation 07 for manufacturing, the defendant obtained the assistance of one or 08 more children under 18 years of age or one or more children were 09 present; 10 (3) if the offense is a second felony conviction, 10 [EIGHT] to 14 [12] 11 years; 12 (4) if the offense is a third felony conviction and the defendant is not 13 subject to sentencing under (l) of this section, 15 [13] to 20 years. 14 * Sec. 71. AS 12.55.125(d) is amended to read: 15 (d) Except as provided in (i) of this section, a defendant convicted of a class B 16 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 17 and shall be sentenced to a definite term within the following presumptive ranges, 18 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years; 21 a defendant sentenced under this paragraph may, if the court finds it appropriate, be 22 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of 23 probation under AS 12.55.086, the defendant is required to serve an active term 24 of imprisonment within the range specified in this paragraph, unless the court 25 finds that a mitigation factor under AS 12.55.155 applies; 26 (2) if the offense is a first felony conviction, 27 (A) the defendant violated AS 11.41.130, and the victim was 28 [(A)] a child under 16 years of age, two to four years; [OR] 29 (B) two to four years if the conviction is for attempt, 30 solicitation, or conspiracy to manufacture related to methamphetamine 31 under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and
01 (i) the attempted manufacturing occurred, or the 02 solicited or conspired offense was to have occurred, in a building 03 with reckless disregard that the building was used as a permanent 04 or temporary home or place of lodging for one or more children 05 under 18 years of age or the building was a place frequented by 06 children; or 07 (ii) in the course of an attempt to manufacture, the 08 defendant obtained the assistance of one or more children under 18 09 years of age or one or more children were present [WAS 16 YEARS 10 OF AGE OR OLDER, ONE TO THREE YEARS]; 11 (3) if the offense is a second felony conviction, four [TWO] to seven 12 [FIVE] years; 13 (4) if the offense is a third felony conviction, six [FOUR] to 10 years. 14 * Sec. 72. AS 12.55.125(e) is amended to read: 15 (e) Except as provided in (i) of this section, a defendant convicted of a class C 16 felony may be sentenced to a definite term of imprisonment of not more than five 17 years, and shall be sentenced to a definite term within the following presumptive 18 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (4) of this subsection, [PROBATION, WITH A 21 SUSPENDED TERM OF IMPRISONMENT OF] zero to two years [18 MONTHS]; a 22 defendant sentenced under this paragraph may, if the court finds it appropriate, be 23 granted a suspended imposition of sentence under AS 12.55.085, and the court may, 24 as a condition of probation under AS 12.55.086, require the defendant to serve an 25 active term of imprisonment within the range specified in this paragraph; 26 (2) if the offense is a second felony conviction, two [ONE] to four 27 [THREE] years; 28 (3) if the offense is a third felony conviction, three [TWO] to five 29 years; 30 (4) if the offense is a first felony conviction, and the defendant violated 31 [(A)] AS 08.54.720(a)(15), one to two years [;
01 (B) AS 28.35.030(n)(1)(A) OR 28.35.032(p)(1)(A), 120 DAYS 02 TO 239 DAYS; 03 (C) AS 28.35.030(n)(1)(B) OR 28.35.032(p)(1)(B), 240 DAYS 04 TO 359 DAYS; 05 (D) AS 28.35.030(n)(1)(C) OR 23.35.032(p)(1)(C), 360 DAYS 06 TO TWO YEARS]. 07 * Sec. 73. AS 12.55 is amended by adding a new subsection to read: 08 (q) Other than for convictions subject to a mandatory 99-year sentence, the 09 court shall impose, in addition to an active term of imprisonment imposed under (i) of 10 this section, a minimum period of (1) suspended imprisonment of five years and a 11 minimum period of probation supervision of 15 years for conviction of an unclassified 12 felony, (2) suspended imprisonment of three years and a minimum period of probation 13 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 14 imprisonment of two years and a minimum period of probation supervision of five 15 years for conviction of a class C felony. The period of probation is in addition to any 16 sentence received under (i) of this section and may not be suspended or reduced. Upon 17 a defendant's release from confinement in a correctional facility, the defendant is 18 subject to this probation requirement and shall submit and comply with the terms and 19 requirements of the probation. 20 * Sec. 74. AS 12.55.135(a) is amended to read: 21 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 22 definite term of imprisonment of not more than 23 [(1)] one year [, IF THE 24 (A) CONVICTION IS FOR A CRIME WITH A 25 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE 26 IMPRISONMENT; 27 (B) TRIER OF FACT FINDS THE AGGRAVATING 28 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS 29 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE 30 DEFINITION OF THE OFFENSE; 31 (C) DEFENDANT HAS PAST CRIMINAL CONVICTIONS
01 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 02 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 03 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED; 04 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 05 DEGREE UNDER AS 11.41.230; OR 06 (E) CONVICTION IS FOR A VIOLATION OF 07 (i) AS 11.41.427; 08 (ii) AS 11.41.440; 09 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 10 IS BEFORE A PERSON UNDER 16 YEARS OF AGE; OR 11 (iv) AS 11.61.118(a)(2); 12 (2) 30 DAYS]. 13 * Sec. 75. AS 12.55.135(b) is amended to read: 14 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 15 definite term of imprisonment of not more than 90 16 [(1) 10] days unless otherwise specified in the provision of law 17 defining the offense [OR IN THIS SECTION; 18 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 19 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 20 OF AGE OR OLDER; OR 21 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 22 AGE OR OLDER]. 23 * Sec. 76. AS 12.55.135 is amended by adding a new subsection to read: 24 (q) A court may not impose a sentence of imprisonment or suspended 25 imprisonment for possession of marijuana in violation of AS 11.71.060 if the 26 defendant alleges, and the court finds, that the defendant was not under formal or 27 informal probation or parole conditions in this or another jurisdiction at the time of the 28 offense; that the defendant possessed the marijuana for the defendant's personal use 29 within the defendant's permanent or temporary residence; and that the defendant has 30 not been previously convicted more than once in this or another jurisdiction for 31 possession of marijuana. If the defendant has not been previously convicted as
01 described in this subsection, the maximum unsuspended fine that the court may 02 impose is $500. If the defendant has been previously convicted once as described in 03 this subsection, the maximum unsuspended fine that the court may impose is $1,000. 04 In this subsection, 05 (1) "permanent or temporary residence" means a permanent structure 06 adopted for overnight accommodation; "permanent or temporary residence" does not 07 include 08 (A) vehicles, tents, prisons or other correctional facilities, 09 residential treatment facilities, or shelters operated by a charitable organization 10 or a government agency; 11 (B) any place where the defendant's possession or use of 12 marijuana violated established rules for residents, such as a ban on smoking or 13 a ban on marijuana or other controlled substances; 14 (2) "previously convicted" means the defendant entered a plea of 15 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, 16 regardless of whether the conviction was set aside under AS 12.55.085 or a similar 17 procedure in another jurisdiction, of possession of marijuana; "previously convicted" 18 does not include a judgment that has been reversed or vacated by a court. 19 * Sec. 77. 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 violence 08 concerning a proposed plea agreement before entering into an agreement; 09 (5) inform the victim of a pending motion that may substantially delay 10 the prosecution and inform the court of the victim's position on the motion; in this 11 paragraph, a "substantial delay" is 12 (A) for a misdemeanor, a delay of one month or longer; 13 (B) for a felony, a delay of two months or longer; and 14 (C) for an appeal, a delay of six months or longer. 15 * Sec. 78. AS 12.61.017(a) is amended to read: 16 (a) An employer may not penalize or threaten to penalize a victim [OF AN 17 OFFENSE] because the victim 18 [(1)] is subpoenaed or requested by the prosecuting attorney to attend a 19 court proceeding for the purpose of giving testimony. In this subsection, "penalize" 20 means to take action affecting the employment status, wages, and benefits 21 payable to the victim, including 22 (1) demotion or suspension; 23 (2) dismissal from employment; 24 (3) loss of pay or benefits, except pay and benefits that are directly 25 attributable to the victim's absence from employment to attend the court 26 proceeding [; OR 27 (2) REPORTS THE OFFENSE TO A LAW ENFORCEMENT 28 AGENCY OR PARTICIPATES IN THE INVESTIGATION OF THE OFFENSE BY 29 A LAW ENFORCEMENT AGENCY]. 30 * Sec. 79. AS 12.70.130, as amended by sec. 98, ch. 36, SLA 2016, is amended to read: 31 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be
01 lawfully made by a peace officer or a private person without a warrant upon 02 reasonable information that the accused stands charged in the courts of another state 03 with a crime punishable by death or imprisonment for a term exceeding one year, but 04 when arrested the accused must be taken before a judge or magistrate without 05 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT 06 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and 07 complaint shall be made against the accused under oath setting out the ground for the 08 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR 09 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER 10 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had 11 been arrested on a warrant. 12 * Sec. 80. AS 18.67.020(a) is amended to read: 13 (a) The Violent Crimes Compensation Board is established in the 14 Department of Administration. The board is composed of three members to be 15 appointed by the governor. One of the members shall be designated as chair by the 16 governor. At least one member must be a medical or osteopathic physician [, A 17 PHYSICIAN ASSISTANT, OR AN ADVANCED NURSE PRACTITIONER] 18 licensed to practice in this state or holding a retired status license [FROM 19 PRACTICE] in this state, and one member must be an attorney licensed to practice in 20 this state or retired from practice in this state. 21 * Sec. 81. AS 28.15.191(g) is amended to read: 22 (g) A court that has ordered a person to refrain from consuming alcoholic 23 beverages as part of a sentence for conviction of a crime under AS 28.35.030, 24 28.35.032, or a similar municipal ordinance or as a condition of probation or parole 25 following a conviction under those sections or a similar municipal ordinance [, OR AS 26 A CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME] shall 27 (1) require the surrender of the person's license and identification card 28 and forward the license and identification card to the department; 29 (2) report the order to the department within two days; and 30 (3) inform the person that the person's license and identification card 31 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is
01 otherwise qualified to receive a license or identification card, when the person obtains 02 a new license or identification card, the license or identification card must list the 03 restriction imposed by AS 04.16.160 for the period of probation or parole. 04 * Sec. 82. AS 28.15.291(a) is repealed and reenacted to read: 05 (a) A person is guilty of a class A misdemeanor if the person 06 (1) drives a motor vehicle on a highway or vehicular way or area at a 07 time when that person's driver's license, privilege to drive, or privilege to obtain a 08 license has been canceled, suspended, or revoked in this or another jurisdiction; or 09 (2) drives in violation of a limitation placed on that person's license or 10 privilege to drive in this or another jurisdiction. 11 * Sec. 83. AS 28.15.291(b) is repealed and reenacted to read: 12 (b) Upon conviction under (a) of this section, the court 13 (1) shall impose a minimum sentence of imprisonment 14 (A) if the person has not been previously convicted, of not less 15 than 10 days with 10 days suspended, including a mandatory condition of 16 probation that the defendant complete not less than 80 hours of community 17 work service; 18 (B) if the person has been previously convicted, of not less than 19 10 days; 20 (C) if the person's driver's license, privilege to drive, or 21 privilege to obtain a license was revoked under circumstances described in 22 AS 28.15.181(c)(1), if the person was driving in violation of a limited license 23 issued under AS 28.15.201(d) following that revocation, or if the person was 24 driving in violation of an ignition interlock device requirement following that 25 revocation, of not less than 20 days with 10 days suspended, and a fine of not 26 less than $500, including a mandatory condition of probation that the 27 defendant complete not less than 80 hours of community work service; 28 (D) if the person's driver's license, privilege to drive, or 29 privilege to obtain a license was revoked under circumstances described in 30 AS 28.15.181(c)(2), (3), or (4), if the person was driving in violation of a 31 limited license issued under AS 28.15.201(d) following that revocation, or if
01 the person was driving in violation of an ignition interlock device requirement 02 following that revocation, of not less than 30 days and a fine of not less than 03 $1,000; 04 (2) may impose additional conditions of probation; 05 (3) may not 06 (A) suspend execution of sentence or grant probation except on 07 condition that the person serve a minimum term of imprisonment and perform 08 required community work service as provided in (1) of this subsection; 09 (B) suspend imposition of sentence; 10 (4) shall revoke the person's license, privilege to drive, or privilege to 11 obtain a license, and the person may not be issued a new license or a limited license 12 nor may the privilege to drive or obtain a license be restored for an additional period 13 of not less than 90 days after the date that the person would have been entitled to 14 restoration of driving privileges; and 15 (5) may order that the motor vehicle that was used in commission of 16 the offense be forfeited under AS 28.35.036. 17 * Sec. 84. AS 28.35.028(b) is amended to read: 18 (b) Once the court elects to proceed under this section, the defendant shall 19 enter a no contest or guilty plea to the offense or shall admit to a probation violation, 20 as appropriate. The state and the defendant may enter into a plea agreement to 21 determine the offense or offenses to which the defendant is required to plead. If the 22 court accepts the agreement, the court shall enforce the terms of the agreement. The 23 court shall enter a judgment of conviction for the offense or offenses for which the 24 defendant has pleaded or an order finding that the defendant has violated probation, as 25 appropriate. A judgment of conviction or an order finding a probation violation must 26 set a schedule for payment of restitution owed by the defendant. In a judgment of 27 conviction and on probation conditions that the court considers appropriate, the court 28 may withhold pronouncement of a period of imprisonment or a fine to provide an 29 incentive for the defendant to complete recommended treatment successfully. 30 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any 31 mandatory minimum or other sentencing provision applicable to the offense.
01 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any 02 other provision of law, the court, at any time after the period when a reduction of 03 sentence is normally available, may consider and reduce the defendant's sentence [, 04 INCLUDING IMPRISONMENT, FINE, OR LICENSE REVOCATION,] based on 05 the defendant's compliance with the treatment plan; when reducing a sentence, the 06 court (1) may not reduce the sentence below the mandatory minimum sentence for the 07 offense unless the court finds that the defendant has successfully complied with and 08 completed the treatment plan and that the treatment plan approximated the severity of 09 the minimum period of imprisonment, and (2) may consider the defendant's 10 compliance with the treatment plan as a mitigating factor allowing a reduction of a 11 sentence under AS 12.55.155(a). A court entering an order finding the defendant has 12 violated probation may withhold pronouncement of disposition to provide an incentive 13 for the defendant to complete the recommended treatment successfully. 14 * Sec. 85. AS 28.35.030(k) is amended to read: 15 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 16 community residential center or by electronic monitoring at a private residence 17 [UNDER AS 33.30.065]. If electronic monitoring is not available, imprisonment 18 required under (b)(1)(A) of this section may [SHALL] be served at another 19 appropriate place determined by the commissioner of corrections [A PRIVATE 20 RESIDENCE BY OTHER MEANS DETERMINED BY THE COMMISSIONER OF 21 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF 22 IMPRISONMENT REQUIRED UNDER (b)(1)(A) OF THIS SECTION BY 23 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 24 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 25 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 26 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE]. 27 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 28 community residential center or at a private residence if approved by the 29 commissioner of corrections. Imprisonment served at a private residence must include 30 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING 31 IS NOT AVAILABLE, BY OTHER MEANS AS DETERMINED BY THE
01 COMMISSIONER OF CORRECTIONS]. The cost of imprisonment resulting from 02 the sentence imposed under (b)(1) of this section shall be paid to the state by the 03 person being sentenced provided, however, that the [. THE] cost of imprisonment 04 required to be paid under this subsection may not exceed $2,000. Upon the person's 05 conviction, the court shall include the costs of imprisonment as a part of the judgment 06 of conviction. Except for reimbursement from a permanent fund dividend as provided 07 in this subsection, payment of the cost of imprisonment is not required if the court 08 determines the person is indigent. For costs of imprisonment that are not paid by the 09 person as required by this subsection, the state shall seek reimbursement from the 10 person's permanent fund dividend as provided under AS 43.23.065. While at the 11 community residential center or other appropriate place, a person sentenced 12 under (b)(1)(A) of this section shall perform at least 24 hours of community 13 service work. A person sentenced under (b)(1)(B) of this section shall perform at least 14 160 hours of community service work, as required by the director of the community 15 residential center or other appropriate place, or as required by the commissioner of 16 corrections if the sentence is being served at a private residence. In this subsection, 17 "appropriate place" means a facility with 24-hour on-site staff supervision that is 18 specifically adapted to provide a residence, and includes a correctional center, 19 residential treatment facility, hospital, halfway house, group home, work farm, work 20 camp, or other place that provides varying levels of restriction. 21 * Sec. 86. AS 28.35.030(l) is amended to read: 22 (l) The commissioner of corrections shall determine and prescribe by 23 regulation a uniform average cost of imprisonment for the purpose of determining the 24 cost of imprisonment required to be paid under (k) of this section by a convicted 25 person. [THE REGULATIONS MUST INCLUDE THE COSTS ASSOCIATED 26 WITH ELECTRONIC MONITORING UNDER AS 33.30.065.] 27 * Sec. 87. AS 28.35.030(o) is amended to read: 28 (o) Upon request, the department shall review a driver's license revocation 29 imposed under (n)(3) of this section and 30 [(1)] may restore the driver's license if 31 (1) [(A)] the license has been revoked for a period of at least 10 years;
01 (2) [(B)] the person has not been convicted of a [DRIVING- 02 RELATED] criminal offense since the license was revoked; and 03 (3) [(C)] the person provides proof of financial responsibility [; 04 (2) SHALL RESTORE THE DRIVER'S LICENSE IF 05 (A) THE PERSON HAS BEEN GRANTED LIMITED 06 LICENSE PRIVILEGES UNDER AS 28.15.201(g) AND HAS 07 SUCCESSFULLY DRIVEN UNDER THAT LIMITED LICENSE FOR 08 THREE YEARS WITHOUT HAVING THE LIMITED LICENSE 09 PRIVILEGES REVOKED; 10 (B) THE PERSON HAS SUCCESSFULLY COMPLETED A 11 COURT-ORDERED TREATMENT PROGRAM UNDER AS 28.35.028 OR 12 A REHABILITATIVE TREATMENT PROGRAM UNDER AS 28.15.201(h); 13 (C) THE PERSON HAS NOT BEEN CONVICTED OF A 14 VIOLATION OF AS 28.35.030 OR 28.35.032 OR A SIMILAR LAW OR 15 ORDINANCE OF THIS OR ANOTHER JURISDICTION SINCE THE 16 LICENSE WAS REVOKED; 17 (D) THE PERSON IS OTHERWISE ELIGIBLE TO HAVE 18 THE PERSON'S DRIVING PRIVILEGES RESTORED AS PROVIDED IN 19 AS 28.15.211; IN AN APPLICATION UNDER THIS SUBSECTION, A 20 PERSON WHOSE LICENSE WAS REVOKED FOR A VIOLATION OF 21 AS 28.35.030(n) OR 28.35.032(p) IS NOT REQUIRED TO SUBMIT 22 COMPLIANCE AS REQUIRED UNDER AS 28.35.030(h) OR 28.35.032(l); 23 AND 24 (E) THE PERSON PROVIDES PROOF OF FINANCIAL 25 RESPONSIBILITY]. 26 * Sec. 88. AS 28.35.032(o) is amended to read: 27 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 28 community residential center, or if a community residential center [PRIVATE 29 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF 30 ELECTRONIC MONITORING] is not available, at another appropriate place as 31 determined by the commissioner of corrections [IMPRISONMENT UNDER
01 (g)(1)(A) OF THIS SECTION SHALL BE SERVED AT A PRIVATE RESIDENCE 02 BY OTHER MEANS AS DETERMINED BY THE COMMISSIONER OF 03 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF 04 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY 05 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE 06 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE 07 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 08 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.] 09 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 10 community residential center or at a private residence if approved by the 11 commissioner of corrections. Imprisonment served at a private residence must include 12 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING 13 IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS 14 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of 15 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be 16 paid to the state by the person being sentenced provided, however, that the [. THE] 17 cost of imprisonment required to be paid under this subsection may not exceed $2,000. 18 Upon the person's conviction, the court shall include the costs of imprisonment as a 19 part of the judgment of conviction. Except for reimbursement from a permanent fund 20 dividend as provided in this subsection, payment of the cost of imprisonment is not 21 required if the court determines the person is indigent. For costs of imprisonment that 22 are not paid by the person as required by this subsection, the state shall seek 23 reimbursement from the person's permanent fund dividend as provided under 24 AS 43.23.065. While at the community residential center or another appropriate 25 place, a person sentenced under (g)(1)(A) of this section shall perform at least 24 26 hours of community service work. A person sentenced under (g)(1)(B) of this 27 section shall perform at least 160 hours of community service work, as required by the 28 director of the community residential center or other appropriate place, or as required 29 by the commissioner of corrections if the sentence is being served at a private 30 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site 31 staff supervision that is specifically adapted to provide a residence, and includes a
01 correctional center, residential treatment facility, hospital, halfway house, group home, 02 work farm, work camp, or other place that provides varying levels of restriction. 03 * Sec. 89. AS 29.10.200(21) is amended to read: 04 (21) AS 29.25.070(e) (notices of certain civil actions) [AND (g) 05 (PENALTIES)]; 06 * Sec. 90. AS 29.25.070(a) is amended to read: 07 (a) For the violation of an ordinance, a municipality may by ordinance 08 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days [, 09 EXCEPT AS LIMITED BY (g) OF THIS SECTION]. For a violation that cannot 10 result in incarceration or the loss of a valuable license, a municipality may allow 11 disposition of the violation without court appearance and establish a schedule of fine 12 amounts for each offense. 13 * Sec. 91. AS 33.05.040 is amended to read: 14 Sec. 33.05.040. Duties of probation officers. A probation officer shall 15 (1) furnish to each probationer under the supervision of the officer a 16 written statement of the conditions of probation and shall instruct the probationer 17 regarding the same; 18 (2) keep informed concerning the conduct and condition of each 19 probationer under the supervision of the officer and shall report on the probationer to 20 the court placing that person on probation; 21 (3) use all suitable methods, not inconsistent with the conditions 22 imposed by the court, to aid probationers and to bring about improvements in their 23 conduct and condition; 24 (4) keep records of the probation work, [INCLUDING 25 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION 26 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete 27 accounts of all money collected from persons under the supervision of the officer, give 28 receipts for money collected and make at least monthly returns of it, make the reports 29 to the court and the commissioner required by them, and perform other duties the court 30 may direct; 31 (5) perform duties with respect to persons on parole as the
01 commissioner shall request, and in that service shall be termed a parole officer; 02 (6) [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES 03 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S 04 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO 05 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY 06 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT, 07 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH 08 A RECOGNITION OF POSITIVE BEHAVIOR; 09 (7) UPON DETERMINING THAT A PROBATIONER UNDER THE 10 SUPERVISION OF THE OFFICER MEETS THE REQUIREMENTS OF 11 AS 12.55.090(g), RECOMMEND TO THE COURT AS SOON AS PRACTICABLE 12 THAT PROBATION BE TERMINATED AND THE PROBATIONER BE 13 DISCHARGED FROM PROBATION; AND 14 (8) FOR EACH PROBATIONER WHO OWES RESTITUTION AND 15 WHO IS UNDER THE SUPERVISION OF THE OFFICER, CREATE A 16 RESTITUTION PAYMENT SCHEDULE BASED ON THE PROBATIONER'S 17 INCOME AND ABILITY TO PAY IF THE COURT HAS NOT ALREADY SET A 18 RESTITUTION PAYMENT SCHEDULE. 19 (9)] accommodate the diligent efforts of each probationer to secure and 20 maintain steady employment or to participate in educational courses or training 21 programs when prescribing the times at which a probationer shall report; and 22 (7) [(10)] permit each probationer to travel in the state to make diligent 23 efforts to secure and maintain steady employment or to participate in educational 24 courses or training programs if the travel is not inconsistent with other terms and 25 conditions of probation. 26 * Sec. 92. AS 33.16.010(c) is amended to read: 27 (c) A prisoner who is not eligible for [SPECIAL MEDICAL, 28 ADMINISTRATIVE, OR] discretionary parole, or who is not released on [SPECIAL 29 MEDICAL, ADMINISTRATIVE, OR] discretionary parole, shall be released on 30 mandatory parole for the term of good time deductions credited under AS 33.20, if the 31 term or terms of imprisonment are two years or more.
01 * Sec. 93. AS 33.16.010(d) is amended to read: 02 (d) A prisoner released on special medical, [ADMINISTRATIVE,] 03 discretionary, or mandatory parole is subject to the conditions of parole imposed under 04 AS 33.16.150. Parole may be revoked under AS 33.16.220. 05 * Sec. 94. AS 33.16.060(a) is amended to read: 06 (a) The board shall 07 (1) serve as the parole authority for the state; 08 (2) upon receipt of an application, consider the suitability for parole 09 of a prisoner who is eligible [FOR DISCRETIONARY PAROLE AT LEAST 90 10 DAYS BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY AND UPON 11 RECEIPT OF THE PRISONER'S APPLICATION] for special medical or 12 discretionary parole; 13 (3) impose parole conditions on all prisoners released under 14 [SPECIAL MEDICAL, ADMINISTRATIVE,] discretionary [,] or mandatory parole; 15 (4) under AS 33.16.210, discharge a person from parole when custody 16 is no longer required; 17 (5) maintain records of the meetings and proceedings of the board; 18 (6) recommend to the governor and the legislature changes in the law 19 administered by the board; 20 (7) recommend to the governor or the commissioner changes in the 21 practices of the department and of other departments of the executive branch 22 necessary to facilitate the purposes and practices of parole; 23 (8) upon request of the governor, review and recommend applicants 24 for executive clemency; and 25 (9) execute other responsibilities prescribed by law. 26 * Sec. 95. AS 33.16.090(a) is amended to read: 27 (a) A prisoner sentenced to an active term of imprisonment of at least 181 28 days [AND WHO HAS NOT BEEN RELEASED ON ADMINISTRATIVE PAROLE 29 AS PROVIDED IN AS 33.16.089] may, in the discretion of the board, be released on 30 discretionary parole if the prisoner 31 [(1)] has served the amount of time specified under (b) of this section,
01 except that 02 (1) [(A)] a prisoner sentenced to one or more mandatory 99-year terms 03 under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not 04 eligible for consideration for discretionary parole; 05 (2) [(B)] a prisoner is not eligible for consideration of discretionary 06 parole if made ineligible by order of a court under AS 12.55.115; 07 (3) [(C)] a prisoner imprisoned under AS 12.55.086 is not eligible for 08 discretionary parole unless the actual term of imprisonment is more than one year [; 09 OR 10 (2) IS AT LEAST 60 YEARS OF AGE, HAS SERVED AT LEAST 11 10 YEARS OF A SENTENCE FOR ONE OR MORE CRIMES IN A SINGLE 12 JUDGMENT, AND HAS NOT BEEN CONVICTED OF AN UNCLASSIFIED 13 FELONY OR A SEXUAL FELONY AS DEFINED IN AS 12.55.185]. 14 * Sec. 96. AS 33.16.090(b) is amended to read: 15 (b) A prisoner eligible under (a) [(a)(1)] of this section who is sentenced 16 (1) to a single sentence under AS 12.55.125(a) or (b) may not be 17 released on discretionary parole until the prisoner has served the mandatory minimum 18 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment 19 imposed, or any term set under AS 12.55.115, whichever is greatest; 20 (2) to a single sentence within or below a presumptive range set out in 21 AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) [AS 12.55.125(i)(1) AND (2)], and 22 has not been allowed by the three-judge panel under AS 12.55.175 to be considered 23 for discretionary parole release, may not be released on discretionary parole until the 24 prisoner has served the term imposed, less good time earned under AS 33.20.010; 25 (3) to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and 26 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under 27 AS 12.55.175 to be considered for discretionary parole release during the second half 28 of the sentence, may not be released on discretionary parole until 29 (A) the prisoner has served that portion of the active term of 30 imprisonment required by the three-judge panel; and 31 (B) in addition to the factors set out in AS 33.16.100(a), the
01 board determines that 02 (i) the prisoner has successfully completed all 03 rehabilitation programs ordered by the three-judge panel that were 04 made available to the prisoner; and 05 (ii) the prisoner would not constitute a danger to the 06 public if released on parole; 07 (4) to a single enhanced sentence under AS 12.55.155(a) that is above 08 the applicable presumptive range may not be released on discretionary parole until the 09 prisoner has served the greater of the following: 10 (A) an amount of time, less good time earned under 11 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth 12 of the amount of time above the presumptive range; or 13 (B) any term set under AS 12.55.115; 14 (5) to a single sentence under any other provision of law may not be 15 released on discretionary parole until the prisoner has served at least one-fourth of the 16 active term of imprisonment, any mandatory minimum sentence imposed under any 17 provision of law, or any term set under AS 12.55.115, whichever is greatest; 18 (6) to concurrent sentences may not be released on discretionary parole 19 until the prisoner has served the greatest of 20 (A) any mandatory minimum sentence or sentences imposed 21 under any provision of law; 22 (B) any term set under AS 12.55.115; or 23 (C) the amount of time that is required to be served under (1) - 24 (5) of this subsection for the sentence imposed for the primary crime, had that 25 been the only sentence imposed; 26 (7) to consecutive or partially consecutive sentences may not be 27 released on discretionary parole until the prisoner has served the greatest of 28 (A) the composite total of any mandatory minimum sentence or 29 sentences imposed under any provision of law, including AS 12.55.127; 30 (B) any term set under AS 12.55.115; or 31 (C) the amount of time that is required to be served under (1) -
01 (5) of this subsection for the sentence imposed for the primary crime, had that 02 been the only sentence imposed, plus one-quarter of the composite total of the 03 active term of imprisonment imposed as consecutive or partially consecutive 04 sentences imposed for all crimes other than the primary crime. 05 [(8) TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND 06 (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER 07 AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, 08 MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE 09 PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED 10 UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT 11 IMPOSED.] 12 * Sec. 97. AS 33.16.100(a) is amended to read: 13 (a) The board may authorize the release of a prisoner [CONVICTED OF AN 14 UNCLASSIFIED FELONY WHO IS OTHERWISE ELIGIBLE UNDER 15 AS 12.55.115 AND AS 33.16.090(a)(1)] on discretionary parole if it determines a 16 reasonable probability exists that 17 (1) the prisoner will live and remain at liberty without violating any 18 laws or conditions imposed by the board; 19 (2) the prisoner's rehabilitation and reintegration into society will be 20 furthered by release on parole; 21 (3) the prisoner will not pose a threat of harm to the public if released 22 on parole; and 23 (4) release of the prisoner on parole would not diminish the 24 seriousness of the crime. 25 * Sec. 98. AS 33.16.100(b) is amended to read: 26 (b) If the board finds a change in circumstances in a prisoner's parole release 27 plan submitted under AS 33.16.130(a) [PREPAROLE REPORTS LISTED IN 28 AS 33.16.110(a)], or discovers new information concerning a prisoner who has been 29 granted a parole release date, the board may rescind or revise the previously granted 30 parole release date. In reconsidering the release date, the procedures set out in 31 AS 33.16.130(b) and (c) [AS 33.16.130] shall be followed.
01 * Sec. 99. AS 33.16.100 is amended by adding a new subsection to read: 02 (h) If the parole board considers an application for discretionary parole and 03 denies parole because the prisoner does not meet the standards in (a) of this section, 04 the board may make a prisoner ineligible for further consideration of discretionary 05 parole, or may require that additional time be served before the prisoner is again 06 eligible for consideration for discretionary parole. 07 * Sec. 100. AS 33.16.120(a) is amended to read: 08 (a) If the victim of a crime against a person or arson in the first degree 09 requests notice of a scheduled hearing to review or consider discretionary parole for a 10 prisoner convicted of that crime, the board shall send notice of the hearing to the 11 victim at least 30 days before the hearing. The notice must be accompanied by a copy 12 of the prisoner's application for parole submitted under AS 33.16.130(a) [PAROLE 13 PLAN SUBMITTED TO THE BOARD]. However, the copy of the application 14 [PAROLE PLAN] sent to the victim may not include the prisoner's [CONFIDENTIAL 15 HEALTH INFORMATION, INFORMATION PROTECTED UNDER 16 AS 33.16.170,] proposed residence and [, OR] employment addresses. 17 * Sec. 101. AS 33.16.120(f) is amended to read: 18 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c), 19 [33.16.089, OR 33.16.090,] the board shall make every reasonable effort to notify the 20 victim before the prisoner's release date. Notification under this subsection must 21 include the expected date of the prisoner's release, the geographic area in which the 22 prisoner is required to reside, and other pertinent information concerning the prisoner's 23 conditions of parole that may affect the victim. 24 * Sec. 102. AS 33.16.120(g) is amended to read: 25 (g) A victim of a crime involving domestic violence [OR OF A SEXUAL 26 ASSAULT UNDER AS 11.41.410 - 11.41.427] shall be informed by the board at least 27 30 days in advance of a scheduled hearing to review or consider discretionary parole 28 for a prisoner. The board shall inform the victim of any decision to grant or deny 29 discretionary parole or to release the prisoner under AS 33.16.010(c). If the prisoner 30 is to be released, the victim shall be notified of the expected date of the release, the 31 geographic area in which the prisoner will reside, and any other information
01 concerning conditions of parole that may affect the victim. The victim shall also be 02 informed of any changes in the conditions of parole that may affect the victim. The 03 board shall send the notice required to the last known address of the victim. A person 04 may not bring a civil action for damages for a failure to comply with the provisions of 05 this subsection. 06 * Sec. 103. AS 33.16.130 is repealed and reenacted to read: 07 Sec. 33.16.130. Application for discretionary parole. (a) A prisoner eligible 08 for discretionary parole may apply to the board for discretionary parole. As part of the 09 application for parole, the prisoner shall submit to the board a parole release plan that 10 includes the prisoner's plan for employment, residence, and other information 11 concerning the prisoner's rehabilitative plans if released on parole. 12 (b) Before the board determines a prisoner's suitability for discretionary 13 parole, the prisoner is entitled to a hearing before the board. The prisoner shall be 14 furnished a copy of the preparole reports listed in AS 33.16.110, and permitted access 15 to all records that will be considered by the board in making its decision except those 16 that are made confidential by law. The prisoner may also respond in writing to all 17 materials considered by the board, be present at the hearing, and present evidence to 18 the board. 19 (c) The board shall issue its decision in writing and provide the basis for a 20 denial of discretionary parole. A copy of the decision shall be provided to the prisoner. 21 * Sec. 104. AS 33.16.140 is amended to read: 22 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 23 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 24 custody ends, shall be furnished to each prisoner released on special medical, 25 [ADMINISTRATIVE,] discretionary, or mandatory parole. 26 * Sec. 105. AS 33.16.150(a) is amended to read: 27 (a) As a condition of parole, a prisoner released on special medical, 28 [ADMINISTRATIVE,] discretionary, or mandatory parole 29 (1) shall obey all state, federal, or local laws or ordinances, and any 30 court orders applicable to the parolee; 31 (2) shall make diligent efforts to maintain steady employment or meet
01 family obligations; 02 (3) shall, if involved in education, counseling, training, or treatment, 03 continue in the program unless granted permission from the parole officer assigned to 04 the parolee to discontinue the program; 05 (4) shall report 06 (A) upon release to the parole officer assigned to the parolee; 07 (B) at other times, and in the manner, prescribed by the board 08 or the parole officer assigned to the parolee that accommodate the diligent 09 efforts of the parolee to secure and maintain steady employment or to 10 participate in educational courses or training programs; 11 (5) shall reside at a stated place and not change that residence without 12 notifying, and receiving permission from, the parole officer assigned to the parolee; 13 (6) shall remain within stated geographic limits unless written 14 permission to depart from the stated limits is granted the parolee; 15 (7) may not use, possess, handle, purchase, give, distribute, or 16 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 17 drug for which a prescription is required under state or federal law without a 18 prescription from a licensed medical professional to the parolee; 19 (8) may not possess or control a firearm; in this paragraph, "firearm" 20 has the meaning given in AS 11.81.900; 21 (9) may not enter into an agreement or other arrangement with a law 22 enforcement agency or officer that will place the parolee in the position of violating a 23 law or parole condition without the prior approval of the board; 24 (10) may not contact or correspond with anyone confined in a 25 correctional facility of any type serving any term of imprisonment or a felon without 26 the permission of the parole officer assigned to a parolee; 27 (11) shall agree to waive extradition from any state or territory of the 28 United States and to not contest efforts to return the parolee to the state; 29 (12) shall provide a blood sample, an oral sample, or both, when 30 requested by a health care professional acting on behalf of the state to provide the 31 sample or samples, or an oral sample when requested by a juvenile or adult
01 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 02 released after a conviction of an offense requiring the state to collect the sample or 03 samples for the deoxyribonucleic acid identification registration, per state editorial 04 review of AS 33 system under AS 41.41.035; 05 (13) from a conviction for a sex offense shall submit to regular 06 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning 07 given in AS 12.63.100. 08 * Sec. 106. AS 33.16.150(b) is amended to read: 09 (b) The board may require as a condition of special medical, 10 [ADMINISTRATIVE,] discretionary, or mandatory parole, or a member of the board 11 acting for the board under (e) of this section may require as a condition of 12 [ADMINISTRATIVE OR] mandatory parole, that a prisoner released on parole 13 (1) not possess or control a defensive weapon, a deadly weapon other 14 than an ordinary pocket knife with a blade three inches or less in length, or 15 ammunition for a firearm, or reside in a residence where there is a firearm capable of 16 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 17 weapon," "defensive weapon," and "firearm" have the meanings given in 18 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 19 (2) refrain from possessing or consuming alcoholic beverages; 20 (3) submit to reasonable searches and seizures by a parole officer, or a 21 peace officer acting under the direction of a parole officer; 22 (4) submit to appropriate medical, mental health, or controlled 23 substance or alcohol examination, treatment, or counseling; 24 (5) submit to periodic examinations designed to detect the use of 25 alcohol or controlled substances; the periodic examinations may include testing under 26 the program established under AS 33.16.060(c); 27 (6) make restitution ordered by the court according to a schedule 28 established by the board; 29 (7) refrain from opening, maintaining, or using a checking account or 30 charge account; 31 (8) refrain from entering into a contract other than a prenuptial contract
01 or a marriage contract; 02 (9) refrain from operating a motor vehicle; 03 (10) refrain from entering an establishment where alcoholic beverages 04 are served, sold, or otherwise dispensed; 05 (11) refrain from participating in any other activity or conduct 06 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 07 current circumstances, or perceived risk to the community, or from associating with 08 any other person that the board determines is reasonably likely to diminish the 09 rehabilitative goals of parole, or that may endanger the public; in the case of special 10 medical parole, for a prisoner diagnosed with a communicable disease, comply with 11 conditions set by the board designed to prevent the transmission of the disease; 12 (12) refrain from traveling in the state to make diligent efforts to 13 secure or maintain steady employment or to participate in educational courses or 14 training programs only if the travel violates other conditions of parole. 15 * Sec. 107. AS 33.16.150(e) is amended to read: 16 (e) The board may designate a member of the board to act on behalf of the 17 board in imposing conditions of [ADMINISTRATIVE OR] mandatory parole under 18 (a) and (b) of this section, in delegating imposition of conditions of 19 [ADMINISTRATIVE OR] mandatory parole under (c) of this section, and in setting 20 the period of compliance with the conditions of [ADMINISTRATIVE OR] mandatory 21 parole under (d) of this section. The decision of a member of the board under this 22 section is the decision of the board. A prisoner or parolee aggrieved by a decision of a 23 member of the board acting for the board under this subsection may apply to the board 24 under AS 33.16.160 for a change in the conditions of [ADMINISTRATIVE OR] 25 mandatory parole. 26 * Sec. 108. AS 33.16.150(f) is amended to read: 27 (f) In addition to other conditions of parole imposed under this section, the 28 board may impose as a condition of special medical, [ADMINISTRATIVE,] 29 discretionary, or mandatory parole for a prisoner serving a term for a crime involving 30 domestic violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - 31 (7); (2) a requirement that, at the prisoner's expense, the prisoner participate in and
01 complete, to the satisfaction of the board, a program for the rehabilitation of 02 perpetrators of domestic violence that meets the standards set by, and that is approved 03 by, the department under AS 44.28.020(b); and (3) any other condition necessary to 04 rehabilitate the prisoner. The board shall establish procedures for the exchange of 05 information concerning the parolee with the victim and for responding to reports of 06 nonattendance or noncompliance by the parolee with conditions imposed under this 07 subsection. The board may not under this subsection require a prisoner to participate 08 in and complete a program for the rehabilitation of perpetrators of domestic violence 09 unless the program meets the standards set by, and is approved by, the department 10 under AS 44.28.020(b). 11 * Sec. 109. AS 33.16.150(g) is amended to read: 12 (g) In addition to other conditions of parole imposed under this section for a 13 prisoner serving a sentence for an offense where the aggravating factor provided in 14 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 15 condition of special medical, [ADMINISTRATIVE,] discretionary, and mandatory 16 parole a requirement that the prisoner submit to electronic monitoring. Electronic 17 monitoring under this subsection must [COMPLY WITH AS 33.30.011(10) AND] 18 provide for monitoring of the prisoner's location and movements by Global 19 Positioning System technology. The board shall require a prisoner serving a period of 20 parole with electronic monitoring as provided under this subsection to pay all or a 21 portion of the costs of the electronic monitoring, but only if the prisoner has sufficient 22 financial resources to pay the costs or a portion of the costs. A prisoner subject to 23 electronic monitoring under this subsection is not entitled to a credit for time served in 24 a correctional facility while the defendant is on parole. In this subsection, "correctional 25 facility" has the meaning given in AS 33.30.901. 26 * Sec. 110. AS 33.16.180 is amended to read: 27 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 28 (1) conduct investigations of prisoners eligible for 29 [ADMINISTRATIVE OR] discretionary parole, as requested by the board [AND AS 30 PROVIDED IN THIS SECTION]; 31 (2) supervise the conduct of parolees;
01 (3) appoint and assign parole officers and personnel; 02 (4) provide the board, within 30 days after sentencing, information on 03 a sentenced prisoner who may be eligible for [ADMINISTRATIVE PAROLE 04 UNDER AS 33.16.089 OR] discretionary parole under AS 33.16.090; 05 (5) notify the board and provide information on a prisoner 120 days 06 before the prisoner's mandatory release date, if the prisoner is to be released on 07 mandatory parole; and 08 (6) maintain records, files, and accounts as requested by the board [; 09 (7) PREPARE PREPAROLE REPORTS UNDER AS 33.16.110(a); 10 (8) NOTIFY THE BOARD IN WRITING OF A PRISONER'S 11 COMPLIANCE OR NONCOMPLIANCE WITH THE PRISONER'S CASE PLAN 12 CREATED UNDER AS 33.30.011(8) NOT LESS THAN 30 DAYS BEFORE THE 13 PRISONER'S NEXT PAROLE ELIGIBILITY DATE OR THE PRISONER'S 14 PAROLE HEARING DATE, WHICHEVER IS EARLIER; 15 (9) ESTABLISH AN ADMINISTRATIVE SANCTION AND 16 INCENTIVE PROGRAM TO FACILITATE A SWIFT AND CERTAIN RESPONSE 17 TO A PAROLEE'S COMPLIANCE WITH OR VIOLATION OF THE 18 CONDITIONS OF PAROLE AND SHALL ADOPT REGULATIONS TO 19 IMPLEMENT THE PROGRAM; AT A MINIMUM, THE REGULATIONS MUST 20 INCLUDE 21 (A) A DECISION-MAKING PROCESS TO GUIDE PAROLE 22 OFFICERS IN DETERMINING THE SUITABLE RESPONSE TO 23 POSITIVE AND NEGATIVE OFFENDER BEHAVIOR THAT INCLUDES 24 A LIST OF SANCTIONS FOR THE MOST COMMON TYPES OF 25 NEGATIVE BEHAVIOR, INCLUDING TECHNICAL VIOLATIONS OF 26 CONDITIONS OF PAROLE, AND A LIST OF INCENTIVES FOR 27 COMPLIANCE WITH CONDITIONS AND POSITIVE BEHAVIOR THAT 28 EXCEEDS THOSE CONDITIONS; 29 (B) POLICIES AND PROCEDURES THAT ENSURE 30 (i) A PROCESS FOR RESPONDING TO NEGATIVE 31 BEHAVIOR THAT INCLUDES A REVIEW OF PREVIOUS
01 VIOLATIONS AND SANCTIONS; 02 (ii) THAT ENHANCED SANCTIONS FOR CERTAIN 03 NEGATIVE CONDUCT ARE APPROVED BY THE 04 COMMISSIONER OR THE COMMISSIONER'S DESIGNEE; AND 05 (iii) THAT APPROPRIATE DUE PROCESS 06 PROTECTIONS ARE INCLUDED IN THE PROCESS, INCLUDING 07 NOTICE OF NEGATIVE BEHAVIOR, AN OPPORTUNITY TO 08 DISPUTE THE ACCUSATION AND THE SANCTION, AND AN 09 OPPORTUNITY TO REQUEST A REVIEW OF THE 10 ACCUSATION AND THE SANCTION; AND 11 (10) WITHIN 30 DAYS AFTER SENTENCING OF AN 12 OFFENDER, PROVIDE THE VICTIM OF A CRIME INFORMATION ON THE 13 EARLIEST DATES THE OFFENDER COULD BE RELEASED ON FURLOUGH, 14 PROBATION, OR PAROLE, INCLUDING DEDUCTIONS OR REDUCTIONS 15 FOR GOOD TIME OR OTHER GOOD CONDUCT INCENTIVES, AND THE 16 PROCESS FOR RELEASE, INCLUDING CONTACT INFORMATION FOR THE 17 DECISION-MAKING BODIES]. 18 * Sec. 111. AS 33.16.200 is amended to read: 19 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 20 board retains custody of special medical, [ADMINISTRATIVE,] discretionary, and 21 mandatory parolees until the expiration of the maximum term or terms of 22 imprisonment to which the parolee is sentenced. 23 * Sec. 112. AS 33.16.210(a) is amended to read: 24 (a) The board may unconditionally discharge a parolee from the jurisdiction 25 and custody of the board after the parolee has completed two years [ONE YEAR] of 26 parole. A discretionary parolee with a residual period of probation may, after two 27 years [ONE YEAR] of parole, be discharged by the board to immediately begin 28 serving the residual period of probation. 29 * Sec. 113. AS 33.16.210(b) is amended to read: 30 (b) Notwithstanding (a) of this section, the board may unconditionally 31 discharge a mandatory parolee before the parolee has completed two years [ONE
01 YEAR] of parole if the parolee is serving a concurrent period of residual probation 02 under AS 33.20.040(c), and the period of residual probation and the period of 03 suspended imprisonment each equal or exceed the period of mandatory parole. 04 * Sec. 114. AS 33.16.220(b) is amended to read: 05 (b) Except as provided in (e) of this section, within 15 working days after the 06 arrest and incarceration of a parolee for violation of a condition of parole, [OTHER 07 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215,] the board or its 08 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its 09 designee shall determine if there is probable cause to believe that the parolee violated 10 the conditions of parole and, when probable cause exists, whether the parolee should 11 be released pending a final revocation hearing. A finding of probable cause at a 12 preliminary hearing in a criminal case is conclusive proof of probable cause that a 13 parole violation occurred. 14 * Sec. 115. AS 33.16.220(f) is amended to read: 15 (f) The [IF A PAROLEE HAS HAD A PRELIMINARY HEARING UNDER 16 (b) OF THIS SECTION, THE] board shall hold a final revocation hearing not later 17 than 120 days after a parolee's arrest, subject to restrictions arising under 18 AS 33.36.110 and (g) of this section. 19 * Sec. 116. AS 33.16.220(i) is amended to read: 20 (i) If, after the final revocation hearing, the board finds that the parolee has 21 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or 22 ordinance, the board may revoke all or a portion of the [REMAINING PERIOD OF] 23 parole [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215], or change any 24 condition of parole. [A PAROLEE'S PERIOD OF PAROLE IS TOLLED FROM THE 25 DATE OF FILING WITH THE PAROLE BOARD OF A VIOLATION REPORT 26 FOR ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE 27 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE 28 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE 29 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE 30 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE 31 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN
01 TOLLED AS DESCRIBED IN THIS SECTION.] 02 * Sec. 117. AS 33.20.010(c) is repealed and reenacted to read: 03 (c) A prisoner may not be awarded a good time deduction under (a) of this 04 section for any period spent in a treatment program, in a private residence, or while 05 under electronic monitoring. 06 * Sec. 118. AS 33.30.011(a) is amended to read: 07 (a) The commissioner shall 08 (1) establish, maintain, operate, and control correctional facilities 09 suitable for the custody, care, and discipline of persons charged or convicted of 10 offenses against the state or held under authority of state law; each correctional facility 11 operated by the state shall be established, maintained, operated, and controlled in a 12 manner that is consistent with AS 33.30.015; 13 (2) classify prisoners; 14 (3) for persons committed to the custody of the commissioner, 15 establish programs, including furlough programs that are reasonably calculated to 16 (A) protect the public and the victims of crimes committed by 17 prisoners; 18 (B) maintain health; 19 (C) create or improve occupational skills; 20 (D) enhance educational qualifications; 21 (E) support court-ordered restitution; and 22 (F) otherwise provide for the rehabilitation and reformation of 23 prisoners, facilitating their reintegration into society; 24 (4) provide necessary 25 (A) medical services for prisoners in correctional facilities or 26 who are committed by a court to the custody of the commissioner, including 27 examinations for communicable and infectious diseases; 28 (B) psychological or psychiatric treatment if a physician or 29 other health care provider, exercising ordinary skill and care at the time of 30 observation, concludes that 31 (i) a prisoner exhibits symptoms of a serious disease or
01 injury that is curable or may be substantially alleviated; and 02 (ii) the potential for harm to the prisoner by reason of 03 delay or denial of care is substantial; and 04 (C) assessment or screening of the risks and needs of offenders 05 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 06 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 07 disorder; 08 (5) establish minimum standards for sex offender treatment programs 09 offered to persons who are committed to the custody of the commissioner; 10 (6) provide for fingerprinting in correctional facilities in accordance 11 with AS 12.80.060; and 12 (7) establish a program to conduct assessments of the risks and needs 13 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 14 to the legislature, by electronic means, by January 15, 2017, and thereafter by 15 January 15, preceding the first regular session of each legislature, a report 16 summarizing the findings and results of the program [; THE PROGRAM MUST 17 INCLUDE A REQUIREMENT FOR AN ASSESSMENT BEFORE A PRISONER'S 18 RELEASE ON PAROLE, FURLOUGH, OR ELECTRONIC MONITORING FROM 19 A CORRECTIONAL FACILITY; 20 (8) ESTABLISH A PROCEDURE THAT PROVIDES FOR EACH 21 PRISONER REQUIRED TO SERVE AN ACTIVE TERM OF IMPRISONMENT OF 22 30 DAYS OR MORE A WRITTEN CASE PLAN THAT 23 (A) IS PROVIDED TO THE PRISONER WITHIN 90 DAYS 24 AFTER SENTENCING; 25 (B) IS BASED ON THE RESULTS OF THE ASSESSMENT 26 OF THE PRISONER'S RISKS AND NEEDS UNDER (7) OF THIS 27 SUBSECTION; 28 (C) INCLUDES A REQUIREMENT TO FOLLOW THE 29 RULES OF THE INSTITUTION; 30 (D) IS MODIFIED WHEN NECESSARY FOR CHANGES IN 31 CLASSIFICATION, HOUSING STATUS, MEDICAL OR MENTAL
01 HEALTH, AND RESOURCE AVAILABILITY; 02 (E) INCLUDES PARTICIPATION IN PROGRAMMING 03 THAT ADDRESSES THE NEEDS IDENTIFIED IN THE ASSESSMENT; 04 (9) ESTABLISH A PROGRAM TO BEGIN REENTRY PLANNING 05 WITH EACH PRISONER SERVING AN ACTIVE TERM OF IMPRISONMENT 06 OF 90 DAYS OR MORE; REENTRY PLANNING MUST BEGIN AT LEAST 90 07 DAYS BEFORE RELEASE ON FURLOUGH OR PROBATION OR PAROLE; THE 08 REENTRY PROGRAM MUST INCLUDE 09 (A) A WRITTEN REENTRY PLAN FOR EACH PRISONER 10 COMPLETED UPON RELEASE ON FURLOUGH OR PROBATION OR 11 PAROLE THAT INCLUDES INFORMATION ON THE PRISONER'S 12 PROPOSED 13 (i) RESIDENCE; 14 (ii) EMPLOYMENT OR ALTERNATIVE MEANS OF 15 SUPPORT; 16 (iii) TREATMENT OPTIONS; 17 (iv) COUNSELING SERVICES; 18 (v) EDUCATION OR JOB TRAINING SERVICES; 19 (B) ANY OTHER REQUIREMENTS FOR SUCCESSFUL 20 TRANSITION BACK TO THE COMMUNITY, INCLUDING 21 ELECTRONIC MONITORING OR FURLOUGH FOR THE PERIOD 22 BETWEEN A SCHEDULED PAROLE HEARING AND PAROLE 23 ELIGIBILITY; 24 (C) COORDINATION WITH THE DEPARTMENT OF 25 LABOR AND WORKFORCE DEVELOPMENT TO PROVIDE ACCESS, 26 AFTER RELEASE, TO JOB TRAINING AND EMPLOYMENT 27 ASSISTANCE; 28 (10) FOR OFFENDERS UNDER ELECTRONIC MONITORING, 29 ESTABLISH 30 (A) MINIMUM STANDARDS FOR ELECTRONIC 31 MONITORING, WHICH MAY INCLUDE THE REQUIREMENT OF
01 ACTIVE, REAL-TIME MONITORING USING GLOBAL POSITIONING 02 SYSTEMS; AND 03 (B) PROCEDURES FOR OVERSIGHT AND APPROVING 04 ELECTRONIC MONITORING PROGRAMS AND SYSTEMS PROVIDED 05 BY PRIVATE CONTRACTORS; AND 06 (11) ASSIST A PRISONER IN OBTAINING A VALID STATE 07 IDENTIFICATION CARD IF THE PRISONER DOES NOT HAVE A VALID 08 STATE IDENTIFICATION CARD BEFORE THE PRISONER'S RELEASE; THE 09 DEPARTMENT SHALL PAY THE APPLICATION FEE FOR THE 10 IDENTIFICATION CARD]. 11 * Sec. 119. AS 33.30.013(a) is amended to read: 12 (a) The commissioner shall notify the victim if the offender 13 [(1)] escapes from custody [; 14 (2) IS DISCHARGED FROM PAROLE UNDER AS 33.16;] or 15 [(3)] is released to the community on a furlough, on an early release 16 program, or for any other reason. 17 * Sec. 120. AS 33.30.065(a) is amended to read: 18 (a) If the commissioner designates a prisoner to serve the prisoner's term of 19 imprisonment or period of temporary commitment, or a part of the term or period, by 20 electronic monitoring, the commissioner shall direct the prisoner to serve the term or 21 period at the prisoner's residence or other place selected by the commissioner. The 22 electronic monitoring shall be administered by the department [OR BY A PRIVATE 23 CONTRACTOR APPROVED BY THE DEPARTMENT UNDER 24 AS 33.30.011(10)(B)] and shall be designed so that any attempt to remove, tamper 25 with, or disable the monitoring equipment or to leave the place selected for the service 26 of the term or period will result in a report or notice to the department. 27 * Sec. 121. AS 33.30.151, as amended by sec. 159, ch. 36, SLA 2016, 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 31 TREATMENT FOR SUBSTANCE ABUSE, COGNITIVE BEHAVIORAL
01 DISORDERS, AND OTHER CRIMINAL RISK FACTORS, INCLUDING 02 AFTERCARE SUPPORT,] community service [,] and employment [,] while 03 protecting the community through partial incarceration of the offender, and to create a 04 means to provide restitution to victims of crimes. 05 (b) The commissioner shall adopt regulations setting standards for the 06 operation of the centers including 07 (1) requirements that the centers be secure and in compliance with 08 state and local safety laws; 09 (2) standards for disciplinary rules to be imposed on prisoners confined 10 to the centers; 11 (3) standards for the granting of emergency absence to prisoners 12 confined to the centers; 13 (4) standards for classifying prisoners to centers; 14 (5) standards for mandatory employment and participation in 15 community service programs in each center; and 16 (6) standards for periodic review of the performance of prisoners 17 confined to the centers [AND QUALITY ASSURANCE MEASURES TO ENSURE 18 CENTERS ARE MEETING STATE STANDARDS AND CONTRACTUAL 19 OBLIGATIONS; 20 (7) STANDARDS FOR THE PROVISION OF TREATMENT, 21 INCLUDING SUBSTANCE ABUSE TREATMENT, COGNITIVE BEHAVIORAL 22 THERAPY, AND AFTERCARE DESIGNED TO ADDRESS AN OFFENDER'S 23 INDIVIDUAL CRIMINOGENIC NEEDS; AND 24 (8) STANDARDS AND A PROCESS TO ASSESS AN 25 OFFENDER'S RISK OF RECIDIVATING AND THE CRIMINAL RISK FACTORS 26 AND NEEDS THAT REDUCE THE RISK OF RECIDIVATING AND ENSURE 27 THAT 28 (A) HIGH RISK OFFENDERS WITH MODERATE TO 29 HIGH NEEDS ARE A PRIORITY FOR ACCEPTANCE INTO A 30 CORRECTIONAL RESTITUTION CENTER; AND 31 (B) CENTERS ESTABLISH INTERNAL PROCEDURES TO
01 LIMIT THE MIXING OF LOW AND HIGH RISK PRISONERS]. 02 * Sec. 122. AS 34.03.360(7) is amended to read: 03 (7) "illegal activity involving a controlled substance" means a violation 04 of AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) 05 - (8)], or 11.71.040(a)(1), (2), or (5); 06 * Sec. 123. AS 44.19.645(a) is amended to read: 07 (a) The commission shall evaluate the effect of sentencing laws and criminal 08 justice practices on the criminal justice system to evaluate whether those sentencing 09 laws and criminal justice practices provide for protection of the public, community 10 condemnation of the offender, the rights of victims of crimes, the rights of the accused 11 and the person convicted, restitution from the offender, and the principle of 12 reformation. The commission shall make recommendations for improving criminal 13 sentencing practices and criminal justice practices, including rehabilitation and 14 restitution. [THE COMMISSION SHALL ANNUALLY MAKE 15 RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE ON 16 HOW SAVINGS FROM CRIMINAL JUSTICE REFORMS SHOULD BE 17 REINVESTED TO REDUCE RECIDIVISM.] In formulating its recommendations, 18 the commission shall consider 19 (1) statutes, court rules, and court decisions relevant to sentencing of 20 criminal defendants in misdemeanor and felony cases; 21 (2) sentencing practices of the judiciary, including use of presumptive 22 sentences; 23 (3) means of promoting uniformity, proportionality, and accountability 24 in sentencing; 25 (4) alternatives to traditional forms of incarceration; 26 (5) the efficacy of parole and probation in ensuring public safety, 27 achieving rehabilitation, and reducing recidivism; 28 (6) the adequacy, availability, and effectiveness of treatment and 29 rehabilitation programs; 30 (7) crime and incarceration rates, including the rate of violent crime 31 and the abuse of controlled substances, in this state compared to other states, and best
01 practices adopted by other states that have proven to be successful in reducing 02 recidivism; 03 (8) the relationship between sentencing priorities and correctional 04 resources; 05 (9) the effectiveness of the state's current methodologies for the 06 collection and dissemination of criminal justice data; and 07 (10) whether the schedules for controlled substances in AS 11.71.140 - 08 11.71.190 are reasonable and appropriate, considering the criteria established in 09 AS 11.71.120(c). 10 * Sec. 124. AS 44.19.647(a) is amended to read: 11 (a) The commission shall submit to the governor and the legislature an annual 12 report [. THE REPORT MUST INCLUDE 13 (1) A DESCRIPTION] of its proceedings for the previous calendar 14 year and may submit [; 15 (2) A SUMMARY OF SAVINGS AND RECOMMENDATIONS ON 16 HOW SAVINGS FROM CRIMINAL JUSTICE REFORM SHOULD BE 17 REINVESTED TO REDUCE RECIDIVISM; 18 (3) PERFORMANCE METRICS AND OUTCOMES FROM THE 19 RECOMMENDATIONS THE COMMISSION MADE IN ITS DECEMBER 2015 20 REPORT, INCLUDING RECIDIVISM RATES, DEFINED AS 21 (A) THE PERCENTAGE OF INMATES WHO RETURN TO 22 PRISON WITHIN THREE YEARS AFTER RELEASE, BROKEN DOWN 23 BY OFFENSE TYPE AND RISK LEVEL; AND 24 (B) THE PERCENTAGE OF INMATES WHO RETURN TO 25 PRISON WITHIN THREE YEARS AFTER RELEASE FOR A NEW 26 CRIMINAL CONVICTION, BROKEN DOWN BY OFFENSE TYPE AND 27 RISK LEVEL; AND 28 (4) RECOMMENDATIONS FOR ADDITIONAL REFORMS, 29 WHICH MAY INCLUDE] recommendations for legislative and administrative action. 30 Reports and recommendations provided under this section shall be submitted not 31 later than February 1 of each year.
01 * Sec. 125. AS 44.66.010(a)(12) is amended to read: 02 (12) Alaska Criminal Justice Commission (AS 44.19.641) - June 30, 03 2017 [JUNE 30, 2021]; 04 * Sec. 126. AS 47.12.315(a) is amended to read: 05 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 06 section, the department shall disclose information to the public, on request, concerning 07 a minor subject to this chapter who was at least 13 years of age at the time of 08 commission of 09 (1) a felony offense against a person under AS 11.41; 10 (2) arson in the first or second degree; 11 (3) burglary in the first degree; 12 (4) distribution of child pornography; 13 (5) sex trafficking in the first degree; 14 (6) misconduct involving a controlled substance in the first, [OR] 15 second, or third degrees involving distribution or possession with intent to deliver; or 16 (7) misconduct involving weapons in the first through fourth degrees. 17 * Sec. 127. AS 47.37.040 is amended to read: 18 Sec. 47.37.040. Duties of department. The department shall 19 (1) develop, encourage, and foster statewide, regional, and local plans 20 and programs for the prevention of alcoholism and drug abuse and treatment of 21 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 22 public and private agencies, organizations, and individuals, and provide technical 23 assistance and consultation services for these purposes; 24 (2) coordinate the efforts and enlist the assistance of all public and 25 private agencies, organizations, and individuals interested in prevention of alcoholism, 26 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 27 abusers, and inhalant abusers; 28 (3) cooperate with the Department of Corrections in establishing and 29 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 30 abusers, and inhalant abusers in or on parole from penal institutions; 31 (4) cooperate with the Department of Education and Early
01 Development, school boards, schools, police departments, courts, and other public and 02 private agencies, organizations, and individuals in establishing programs for the 03 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 04 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 05 materials for use at all levels of school education; 06 (5) prepare, publish, evaluate, and disseminate educational material 07 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 08 volatile substances; 09 (6) develop and implement, as an integral part of treatment programs, 10 an educational program for use in the treatment of alcoholics, intoxicated persons, 11 drug abusers, and inhalant abusers that includes the dissemination of information 12 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 13 (7) organize and foster training programs for all persons engaged in 14 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 15 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 16 abuse workers; 17 (8) sponsor and encourage research into the causes and nature of 18 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 19 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 20 for information relating to alcoholism, drug abuse, and inhalant abuse; 21 (9) specify uniform methods for keeping statistical information by 22 public and private agencies, organizations, and individuals, and collect and make 23 available relevant statistical information, including number of persons treated, 24 frequency of admission and readmission, and frequency and duration of treatment; 25 (10) conduct program planning activities approved by the Advisory 26 Board on Alcoholism and Drug Abuse; 27 (11) review all state health, welfare, and treatment plans to be 28 submitted for federal funding, and advise the commissioner on provisions to be 29 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 30 abusers; 31 (12) assist in the development of, and cooperate with, alcohol, drug
01 abuse, and inhalant abuse education and treatment programs for employees of state 02 and local governments and businesses and industries in the state; 03 (13) use the support and assistance of interested persons in the 04 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 05 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 06 treatment; 07 (14) cooperate with the Department of Public Safety and the 08 Department of Transportation and Public Facilities in establishing and conducting 09 programs designed to deal with the problem of persons operating motor vehicles while 10 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 11 develop and approve alcohol information courses required to be taken by drivers under 12 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 13 laws; 14 (15) encourage hospitals and other appropriate health facilities to 15 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 16 inhalant abusers and to provide them with adequate and appropriate treatment; 17 (16) encourage all health insurance programs to include alcoholism 18 and drug abuse as a covered illness; 19 (17) prepare an annual report covering the activities of the department 20 and notify the legislature that the report is available; 21 (18) develop and implement a training program on alcoholism and 22 drug abuse for employees of state and municipal governments, and private institutions; 23 (19) develop curriculum materials on drug and alcohol abuse and the 24 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 25 well as a course of instruction for teachers to be charged with presenting the 26 curriculum; 27 (20) develop and implement or designate, in cooperation with other 28 state or local agencies, a juvenile alcohol safety action program that provides alcohol 29 and substance abuse screening, referral, and monitoring of persons under 18 years of 30 age who have been referred to it by 31 (A) a court in connection with a charge or conviction of a
01 violation or misdemeanor related to the use of alcohol or a controlled 02 substance; 03 (B) the agency responsible for the administration of motor 04 vehicle laws in connection with a license action related to the use of alcohol or 05 a controlled substance; or 06 (C) department staff after a delinquency adjudication that is 07 related to the use of alcohol or a controlled substance; 08 (21) develop and implement, or designate, in cooperation with other 09 state or local agencies, an alcohol safety action program that provides alcohol and 10 substance abuse screening, referral, and monitoring services to persons who have 11 been referred by a court in connection with a charge or conviction of a 12 misdemeanor involving the use of a motor vehicle, aircraft, or watercraft and 13 alcohol or a controlled substance, referred by a court under AS 28.35.028 [, 14 28.35.030, OR 28.35.032,] or referred by an agency of the state with the responsibility 15 for administering motor vehicle laws in connection with a driver's license action 16 involving the use of alcohol or a controlled substance; 17 (22) whenever possible, apply evidence-based, research-based, and 18 consensus-based substance abuse and co-occurring substance abuse and mental health 19 disorders treatment practices and remove barriers that prevent the use of those 20 practices; 21 (23) collaborate with first responders, hospitals, schools, primary care 22 providers, developmental disability treatment providers, law enforcement, corrections, 23 attorneys, the Alaska Court System, community behavioral treatment providers, 24 Alaska Native organizations, and federally funded programs in implementing 25 programs for co-occurring substance abuse and mental health disorders treatment. 26 * Sec. 128. AS 47.38.020 is amended to read: 27 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The 28 commissioner, in cooperation with the commissioner of corrections, shall establish a 29 program [USING A COMPETITIVE PROCUREMENT PROCESS] for certain 30 persons with release conditions ordered as provided under AS 12.30, or offenders with 31 conditions of probation, that include not consuming controlled substances or alcoholic
01 beverages. 02 (b) The commissioner shall adopt regulations to implement the program. 03 [THE REGULATIONS MUST INCLUDE REGULATIONS REGARDING 04 PRODUCTS AND SERVICES THAT PROVIDE ALCOHOL AND SUBSTANCE 05 ABUSE MONITORING.] 06 (c) The commissioner shall include in the program 07 (1) a requirement for twice-a-day testing, [EITHER REMOTELY OR] 08 in person if practicable, for alcoholic beverage use and random testing for controlled 09 substances; 10 (2) a means to provide the probation officer, prosecutor's office, or 11 local law enforcement agency with notice within 24 hours, so that a complaint may be 12 filed alleging a violation of AS 11.56.757, a petition may be filed with the court 13 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, 14 or an arrest warrant may be issued for the person on release or offender with 15 conditions of probation provided in this subsection, if the person or offender 16 (A) fails to appear for an appointment [OR FAILS TO 17 COMPLETE A TEST THROUGH THE USE OF REMOTE ALCOHOL OR 18 SUBSTANCE ABUSE MONITORING TECHNOLOGY] as required by the 19 program requirements; or 20 (B) tests positive for the use of controlled substances or 21 alcoholic beverages; and 22 (3) a requirement that the person or offender pay, based on the person's 23 or offender's ability under financial guidelines established by the commissioner, for 24 the cost of participating in the program. 25 (d) The department shall [CONTRACT WITH ONE OR MORE VENDORS 26 USING A COMPETITIVE PROCUREMENT PROCESS IN ACCORDANCE WITH 27 AS 36.30 (STATE PROCUREMENT CODE) TO] provide or conduct the testing 28 required under (c) of this section. 29 * Sec. 129. AS 47.38.100(a) is amended to read: 30 (a) The recidivism reduction program is established to promote the 31 rehabilitation through transitional re-entry programs of persons [ON PROBATION
01 OR PAROLE OR] incarcerated for offenses and recently released from correctional 02 facilities. 03 * Sec. 130. AS 47.38.100(b) is amended to read: 04 (b) The commissioner, in cooperation with the commissioner of corrections 05 [ALASKA CRIMINAL JUSTICE COMMISSION ESTABLISHED IN 06 AS 44.19.641], may provide for programs that have, as a primary focus, rehabilitation 07 and reduction of recidivism through transitional re-entry for persons [ON 08 PROBATION OR PAROLE OR] incarcerated for offenses and recently released from 09 correctional facilities. The commissioner may enter into contracts to provide for 10 programs under this section. A [AN ELIGIBLE] program under this section must 11 [ACCOMPLISH AT LEAST ONE OF THE FOLLOWING OBJECTIVES:] 12 (1) include case management; 13 (2) require sober living; 14 (3) provide, on-site or by referral, treatment for substance abuse 15 or mental health treatment; 16 (4) require employment, educational programming, vocational 17 training, or community volunteer work as approved by the director of the 18 treatment program; and 19 (5) limit residential placements in the program to a maximum of 20 one year [INCREASING ACCESS TO EVIDENCE-BASED REHABILITATION 21 PROGRAMS, INCLUDING DRUG AND ALCOHOL TREATMENT, MENTAL 22 HEALTH TREATMENT, AND COGNITIVE BEHAVIORAL PROGRAMS; OR 23 (2) SUPPORTING OFFENDERS' TRANSITION AND RE-ENTRY 24 FROM CORRECTIONAL FACILITIES TO THE COMMUNITY, INCLUDING 25 TRANSITIONAL HOUSING SERVICES, EMPLOYMENT SERVICES, 26 VOCATIONAL TRAINING, EDUCATIONAL SUPPORT, COUNSELING, AND 27 MEDICAL CARE]. 28 * Sec. 131. Section 35, ch. 83, SLA 2014, as amended by sec. 177, ch. 36, SLA 2016, is 29 amended to read: 30 Sec. 35. AS 22.20.210 is repealed June 30, 2017 [JUNE 30, 2021]. 31 * Sec. 132. AS 09.55.700; AS 11.46.980(d), 11.46.982; AS 11.56.730(e); AS 11.66.100(c),
01 11.66.130(b), 11.66.135(b); AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 02 11.71.030(a)(6), 11.71.030(a)(7), 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 03 11.71.040(a)(11), 11.71.050(a)(4); AS 12.25.180(c), 12.25.190(d); AS 12.30.055(b); 04 AS 12.55.011(b), 12.55.027(f), 12.55.027(g), 12.55.055(g), 12.55.055(h), 12.55.078, 05 12.55.090(g), 12.55.090(h), 12.55.090(i), 12.55.090(j), 12.55.090(k), 12.55.090(l), 06 12.55.090(m), 12.55.090(n), 12.55.100(a)(1), 12.55.100(a)(2)(H), 12.55.110(c), 12.55.110(d), 07 12.55.110(e), 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 08 12.55.135(n), 12.55.135(o), 12.55.135(p); AS 12.61.016, 12.61.017(d); AS 22.35.030(4); 09 AS 28.15.165(e), 28.15.201(g), 28.15.201(h), 28.15.201(i), 28.15.201(j); AS 29.25.070(g); 10 AS 33.05.020(g), 33.05.020(h), 33.05.080(1); AS 33.16.010(f), 33.16.089, 33.16.100(f), 11 33.16.100(g), 33.16.110(a)(9), 33.16.110(a)(10), 33.16.120(h), 33.16.150(h), 33.16.150(i), 12 33.16.210(c), 33.16.215, 33.16.220(j), 33.16.240(h), 33.16.240(i), 33.16.270, 33.16.900(1), 13 33.16.900(2); AS 33.20.010(a)(4); AS 33.30.095; AS 43.23.065(b)(9); AS 43.61.010(c), 14 43.61.010(d), 43.61.010(e); AS 44.19.645(b)(3), 44.19.645(b)(4), 44.19.645(c), 44.19.645(d), 15 44.19.645(e), 44.19.645(f), 44.19.645(g), 44.19.647(b); AS 47.27.015(i); AS 47.37.130(h)(3), 16 47.37.130(k); and AS 47.38.100(d) are repealed. 17 * Sec. 133. Section 117, ch. 36, SLA 2016, and sec. 178, ch. 36, SLA 2016, are repealed. 18 * Sec. 134. The uncodified law of the State of Alaska is amended by adding a new section 19 to read: 20 APPLICABILITY. (a) The following sections apply to offenses committed on or after 21 the effective date of those sections: 22 (1) AS 11.46.130(a), as amended by sec. 4 of this Act; 23 (2) AS 11.46.140(a), as amended by sec. 5 of this Act; 24 (3) AS 11.46.150(a), as amended by sec. 6 of this Act; 25 (4) AS 11.46.220(c), as amended by sec. 7 of this Act; 26 (5) AS 11.46.260(b), as amended by sec. 8 of this Act; 27 (6) AS 11.46.270(b), as amended by sec. 9 of this Act; 28 (7) AS 11.46.280(d), as amended by sec. 10 of this Act; 29 (8) AS 11.46.285(b), as amended by sec. 11 of this Act; 30 (9) AS 11.46.295, as amended by sec. 12 of this Act; 31 (10) AS 11.46.360(a), as amended by sec. 13 of this Act;
01 (11) AS 11.46.420(a), as amended by sec. 14 of this Act; 02 (12) AS 11.46.460, as amended by sec. 15 of this Act; 03 (13) AS 11.46.482(a), as amended by sec. 16 of this Act; 04 (14) AS 11.46.484(a), as amended by sec. 17 of this Act; 05 (15) AS 11.46.486(a), as amended by sec. 18 of this Act; 06 (16) AS 11.46.530(b), as amended by sec. 19 of this Act; 07 (17) AS 11.46.620(d), as amended by sec. 20 of this Act; 08 (18) AS 11.46.730(c), as amended by sec. 21 of this Act; 09 (19) AS 11.56.730(d), as amended by sec. 23 of this Act; 10 (20) AS 11.56.757(b), as amended by sec. 25 of this Act; 11 (21) AS 11.61.110(c), as amended by sec. 26 of this Act; 12 (22) AS 11.61.150(c), as amended by sec. 29 of this Act; 13 (23) AS 11.66.110(a), as amended by sec. 30 of this Act; 14 (24) AS 11.66.130(a), as amended by sec. 31 of this Act; 15 (25) AS 11.66.200(c), as amended by sec. 32 of this Act; 16 (26) AS 11.71.021, enacted by sec. 33 of this Act; 17 (27) AS 11.71.030(a), as amended by sec. 34 of this Act; 18 (28) AS 11.71.030(d), as amended by sec. 35 of this Act; 19 (29) AS 11.71.040(a), as amended by sec. 36 of this Act; 20 (30) AS 11.71.040(d), as amended by sec. 37 of this Act; 21 (31) AS 11.71.050, as amended by sec. 38 of this Act; 22 (32) AS 11.71.060, as amended by sec. 39 of this Act; 23 (33) AS 28.15.291(a), as repealed and reenacted by sec. 82 of this Act; 24 (34) AS 29.10.200(21), as amended by sec. 89 of this Act; and 25 (35) AS 29.25.070(a), as amended by sec. 90 of this Act. 26 (b) The following sections apply to contact with a police officer occurring on or after 27 the effective date of those sections for offenses occurring before, on, or after the effective date 28 of those sections: 29 (1) AS 12.25.150(a), as amended by sec. 41 of this Act; 30 (2) AS 12.25.180(a), as amended by sec. 42 of this Act; 31 (3) AS 12.25.180(b), as amended by sec. 43 of this Act; and
01 (4) AS 12.25.190(b), as amended by sec. 44 of this Act. 02 (c) The following sections apply to offenses committed on or after the effective date 03 of those sections: 04 (1) AS 12.30.006(b), as amended by sec. 45 of this Act; 05 (2) AS 12.30.006(c), as amended by sec. 46 of this Act; 06 (3) AS 12.30.006(d), as amended by sec. 47 of this Act; 07 (4) AS 12.30.006(f), as amended by sec. 48 of this Act; 08 (5) AS 12.30.011, as repealed and reenacted by sec. 49 of this Act; 09 (6) AS 12.30.016(b), as amended by sec. 50 of this Act; 10 (7) AS 12.30.016(c), as amended by sec. 51 of this Act; 11 (8) AS 12.30.021(a), as amended by sec. 53 of this Act; and 12 (9) AS 12.30.021(c), as amended by sec. 54 of this Act. 13 (d) The following sections apply to sentences imposed on or after the effective date of 14 those sections for conduct occurring on or after the effective date of those sections: 15 (1) AS 12.55.025(a), as amended by sec. 55 of this Act; 16 (2) AS 12.55.025(c), as amended by sec. 56 of this Act; 17 (3) AS 12.55.027(a), as amended by sec. 57 of this Act; 18 (4) AS 12.55.027(b), as repealed and reenacted by sec. 58 of this Act; 19 (5) AS 12.55.027(c), as repealed and reenacted by sec. 59 of this Act; 20 (6) AS 12.55.051(a), as amended by sec. 61 of this Act; 21 (7) AS 12.55.115, as amended by sec. 67 of this Act; 22 (8) AS 12.55.125(c), as amended by sec. 70 of this Act; 23 (9) AS 12.55.125(d), as amended by sec. 71 of this Act; 24 (10) AS 12.55.125(e), as amended by sec. 72 of this Act; 25 (11) AS 12.55.125(q), enacted by sec. 73 of this Act; 26 (12) AS 12.55.135(a), as amended by sec. 74 of this Act; 27 (13) AS 12.55.135(b), as amended by sec. 75 of this Act; 28 (14) AS 12.55.135(q), enacted by sec. 76 of this Act; 29 (15) AS 28.15.291(b), as repealed and reenacted by sec. 83 of this Act; 30 (16) AS 28.35.030(k), as amended by sec. 85 of this Act; and 31 (17) AS 28.35.032(o), as amended by sec. 88 of this Act.
01 (e) AS 12.55.035(b), as amended by sec. 60 of this Act, applies to sentences imposed 02 on or after the effective date of sec. 60 of this Act, for conduct occurring before, on, or after 03 the effective date of sec. 60 of this Act. 04 (f) AS 12.55.055(a), as amended by sec. 62 of this Act, and AS 12.55.055(c), as 05 amended by sec. 63 of this Act, apply to community work service imposed on or after the 06 effective date of secs. 62 and 63 of this Act for conduct occurring on or after the effective date 07 of secs. 62 and 63 of this Act. 08 (g) The following sections apply to probation ordered on or after the effective date of 09 those sections for conduct occurring on or after the effective date of those sections: 10 (1) AS 12.55.090(b), as amended by sec. 64 of this Act; 11 (2) AS 12.55.090(c), as amended by sec. 65 of this Act; and 12 (3) AS 12.55.090(f), as amended by sec. 66 of this Act. 13 (h) AS 12.55.125(a), as amended by sec. 68 of this Act, and AS 12.55.125(b), as 14 amended by sec. 69 of this Act, apply to sentences imposed on or after the effective date of 15 secs. 68 and 69 of this Act for conduct occurring before, on, or after the effective date of secs. 16 68 and 69 of this Act. 17 (i) AS 28.35.030(o), as amended by sec. 87 of this Act, applies to revocation of a 18 driver's license, privilege to drive, privilege to obtain a driver's license, or an identification 19 card or driver's license occurring on or after the effective date of sec. 87 of this Act. 20 (j) The following sections apply to parole granted on or after the effective date of 21 those sections for conduct occurring on or after the effective date of those sections: 22 (1) AS 33.16.010(c), as amended by sec. 92 of this Act; 23 (2) AS 33.16.010(d), as amended by sec. 93 of this Act; 24 (3) AS 33.16.060(a), as amended by sec. 94 of this Act; 25 (4) AS 33.16.090(a), as amended by sec. 95 of this Act; 26 (5) AS 33.16.090(b), as amended by sec. 96 of this Act; 27 (6) AS 33.16.100(h), enacted by sec. 99 of this Act; 28 (7) AS 33.16.140, as amended by sec. 104 of this Act; 29 (8) AS 33.16.150(a), as amended by sec. 105 of this Act; 30 (9) AS 33.16.150(b), as amended by sec. 106 of this Act; 31 (10) AS 33.16.150(e), as amended by sec. 107 of this Act;
01 (11) AS 33.16.150(f), as amended by sec. 108 of this Act; 02 (12) AS 33.16.150(g), as amended by sec. 109 of this Act; 03 (13) AS 33.16.200, as amended by sec. 111 of this Act; 04 (14) AS 33.16.210(a), as amended by sec. 112 of this Act; 05 (15) AS 33.16.210(b), as amended by sec. 113 of this Act; 06 (16) AS 33.16.220(b), as amended by sec. 114 of this Act; 07 (17) AS 33.16.220(f), as amended by sec. 115 of this Act; 08 (18) AS 33.16.220(i), as amended by sec. 116 of this Act; and 09 (19) AS 33.20.010(c), as repealed and reenacted by sec. 117 of this Act. 10 (k) AS 33.16.100(a), as amended by sec. 97 of this Act, applies to parole granted on 11 or after the effective date of sec. 97 of this Act, for conduct occurring before, on, or after the 12 effective date of sec. 97 of this Act. 13 * Sec. 135. Section 193, ch. 36, SLA 2016, is repealed. 14 * Sec. 136. Section 121 of this Act takes effect July 1, 2017. 15 * Sec. 137. Sections 41, 45 - 51, 53, 54, and 79 of this Act take effect January 1, 2018. 16 * Sec. 138. Except as provided in sec. 137 of this Act, this Act takes effect immediately 17 under AS 01.10.070(c).