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CSSB 54(FIN): "An Act relating to crime and criminal law; relating to violation of condition of release; relating to sex trafficking; relating to sentencing; relating to imprisonment; relating to parole; relating to probation; relating to driving without a license; relating to the pretrial services program; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 54(FIN)                                                                    
01 "An Act relating to crime and criminal law; relating to violation of condition of release;                              
02 relating to sex trafficking; relating to sentencing; relating to imprisonment; relating to                              
03 parole; relating to probation; relating to driving without a license; relating to the                                   
04 pretrial services program; and providing for an effective date."                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 11.56.757(a) is amended to read:                                                                   
07            (a)  A person commits the crime [OFFENSE] of violation of condition of                                   
08       release if the person                                                                                             
09                 (1)  has been charged with a crime or convicted of a crime;                                             
10                 (2)  has been released under AS 12.30; and                                                              
11                 (3)  violates a condition of release imposed by a judicial officer under                                
12       AS 12.30, other than the requirement to appear as ordered by a judicial officer.                                  
13    * Sec. 2. AS 11.56.757(b) is amended to read:                                                                      
14            (b)  Violation of condition of release is a class B misdemeanor [VIOLATION                               
01       PUNISHABLE BY A FINE OF UP TO $1,000].                                                                            
02    * Sec. 3. AS 11.66.130(a) is amended to read:                                                                      
03            (a)  A person commits the crime of sex trafficking in the third degree if [,                                 
04       WITH INTENT TO PROMOTE PROSTITUTION,] the person                                                                  
05                 (1)  receives compensation for prostitution services rendered by                                    
06       another; and                                                                                                  
07                 (2)  with the intent to promote prostitution,                                                       
08                      (A)  manages, supervises, controls, or owns, either alone or in                                
09            association with others, a place of prostitution;                                                            
10 (B) [(2)]  as other than a patron of a prostitute, induces or                                                       
11 causes another person who is 20 years of age or older to engage in prostitution;                                        
12 (C) [(3)  AS OTHER THAN A PROSTITUTE RECEIVING                                                                      
13 COMPENSATION FOR PERSONALLY RENDERED PROSTITUTION                                                                       
14 SERVICES,] receives or agrees to receive money or other property under an                                               
15 agreement or understanding that the money or other property is derived from                                             
16            prostitution; or                                                                                             
17 (D) [(4)]  engages in conduct that institutes, aids, or facilitates a                                               
18            prostitution enterprise.                                                                                     
19    * Sec. 4. AS 11.66.135(a) is amended to read:                                                                      
20 (a)  A person commits the crime of sex trafficking in the fourth degree if the                                          
21       person                                                                                                            
22 (1)  receives compensation for prostitution services rendered by                                                    
23       another; and                                                                                                  
24 (2)  engages in conduct that institutes, aids, or facilitates prostitution                                          
25 under circumstances not proscribed under AS 11.66.130(a)(2)(D)                                                      
26       [AS 11.66.130(a)(4)].                                                                                             
27    * Sec. 5. AS 11.66.150 is amended by adding a new paragraph to read:                                               
28 (4)  "compensation" does not include any payment for reasonably                                                         
29       apportioned shared expenses.                                                                                      
30    * Sec. 6. AS 12.55.125(e) is amended to read:                                                                      
31 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
01       felony may be sentenced to a definite term of imprisonment of not more than five                                  
02       years, and shall be sentenced to a definite term within the following presumptive                                 
03       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
04 (1)  if the offense is a first felony conviction and does not involve                                                   
05 circumstances described in (4) of this subsection, [PROBATION, WITH A                                                   
06 SUSPENDED TERM OF IMPRISONMENT OF] zero to one year [18 MONTHS]; a                                                  
07 defendant sentenced under this paragraph may, if the court finds it appropriate, be                                     
08       granted a suspended imposition of sentence under AS 12.55.085;                                                    
09                 (2)  if the offense is a second felony conviction, one to three years;                                  
10                 (3)  if the offense is a third felony conviction, two to five years;                                    
11 (4)  if the offense is a first felony conviction, and the defendant violated                                            
12                      (A)  AS 08.54.720(a)(15), one to two years;                                                        
13 (B)  AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to                                                           
14            239 days;                                                                                                    
15 (C)  AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to                                                           
16            359 days;                                                                                                    
17 (D)  AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to                                                           
18            two years.                                                                                                   
19    * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read:                                              
20 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
21 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
22 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
23 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
24 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
25 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
26 imprisonment of two years and a minimum period of probation supervision of five                                         
27 years for conviction of a class C felony. The period of probation is in addition to any                                 
28       sentence received under (i) of this section.                                                                      
29    * Sec. 8. AS 12.55.135(a) is amended to read:                                                                      
30 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
31       definite term of imprisonment of not more than                                                                    
01                 (1)  one year, if the                                                                                   
02                      (A)  conviction is for a crime with a mandatory minimum term                                       
03            of 30 days or more of active imprisonment;                                                                   
04                      (B)  trier of fact finds the aggravating factor that the conduct                                   
05            constituting the offense was among the most serious conduct included in the                                  
06            definition of the offense;                                                                                   
07 (C)  defendant has previously been convicted two or more                                                            
08 times [PAST CRIMINAL CONVICTIONS] for conduct violative of criminal                                                 
09 laws, punishable as felonies or misdemeanors, similar in nature to the offense                                          
10            for which the defendant is being sentenced;                                                                  
11 (D)  conviction is for an assault in the fourth degree under                                                            
12            AS 11.41.230; or                                                                                             
13                      (E)  conviction is for a violation of                                                              
14                           (i)  AS 11.41.427;                                                                            
15                           (ii)  AS 11.41.440;                                                                           
16 (iii)  AS 11.41.460, if the indecent exposure is before a                                                               
17                 person under 16 years of age; [OR]                                                                      
18                           (iv)  AS 11.61.116(c)(2); or                                                              
19                           (v)  AS 11.61.118(a)(2);                                                                  
20 (2)  60 days, if the defendant has one previous conviction for                                                      
21 conduct violative of criminal laws, punishable as felonies or misdemeanors,                                         
22       similar in nature to the offense for which the defendant is being sentenced;                                  
23                 (3)  30 days.                                                                                       
24    * Sec. 9. AS 12.55.135(b) is amended to read:                                                                      
25 (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                               
26       definite term of imprisonment of not more than                                                                    
27 (1)  10 days unless otherwise specified in the provision of law defining                                                
28       the offense or in this section;                                                                                   
29                 (2)  90 days if the conviction is for a violation of                                                    
30 (A)  AS 11.61.116(c)(1) and the person is 21 years of age or                                                            
31            older; or                                                                                                    
01                      (B)  AS 11.61.120(a)(6) and the person is 21 years of age or                                       
02            older; or                                                                                                
03                 (3)  five days if the conviction is for a violation of AS 11.56.757.                                
04    * Sec. 10. AS 12.55.135(l) is amended to read:                                                                     
05 (l)  A court sentencing a person convicted of theft in the fourth degree under                                          
06 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of                                           
07 identification marks under AS 11.46.260(b)(3), unlawful possession under                                                
08 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal                                           
09       simulation under AS 11.46.530(b)(3) may not impose                                                                
10 (1)  a sentence of more than 10 [FIVE] days of active [SUSPENDED]                                               
11 imprisonment and a term of probation of more than six months if the person has                                          
12 previously been convicted two or more times of an offense under AS 11.46.110 -                                          
13 11.46.220, 11.46.260 - 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of                                      
14       this or another jurisdiction with substantially similar elements; [OR]                                            
15 (2)  a sentence of more than five days of active [OR SUSPENDED]                                                     
16 imprisonment and a term of probation of more than six months if the person has                                      
17 [NOT BEEN PREVIOUSLY CONVICTED, OR HAS] previously been convicted                                                       
18 once [,] of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290,                                           
19 11.46.360 or 11.46.365, or a law or ordinance of this or another jurisdiction with                                      
20       substantially similar elements; or                                                                            
21 (3)  a sentence of more than five days of suspended imprisonment                                                    
22 and a term of probation of more than six months if the person has not been                                          
23 previously convicted of an offense under AS 11.46.110 - 11.46.220, 11.46.260 -                                      
24 11.46.290, 11.46.360 or 11.46.365, or a law or ordinance of this or another                                         
25       jurisdiction with substantially similar elements.                                                             
26    * Sec. 11. AS 12.55.135(p) is amended to read:                                                                     
27            (p)  If the state seeks to establish an aggravating factor at sentencing                                     
28 (1)  under (a)(1)(C) or (a)(2) of this section, written notice must be                                              
29 served on the opposing party and filed with the court not later than 10 days before the                                 
30 date set for imposition of sentence; the aggravating factor in (a)(1)(C) or (a)(2) of this                          
31 section must be established by clear and convincing evidence before the court sitting                                   
01       without a jury; all findings must be set out with specificity;                                                    
02 (2)  an aggravating factor under (a)(1)(B) of this section shall be                                                     
03 presented to a trial jury under procedures set by the court, unless the defendant waives                                
04 trial by jury, stipulates to the existence of the factor, or consents to have the factor                                
05 proven under procedures set out in (1) of this subsection; an aggravating factor                                        
06 presented to a jury is established if proved beyond a reasonable doubt; written notice                                  
07 of the intent to establish an aggravating factor must be served on the defendant and                                    
08       filed with the court                                                                                              
09 (A)  not later than 10 days before trial or at a time specified by                                                      
10            the court;                                                                                                   
11 (B)  not later than 48 hours, or at a time specified by the court,                                                      
12 if the court instructs the jury about the option to return a verdict for a lesser                                       
13            included offense; or                                                                                         
14 (C)  not later than five days before entering a plea that results in                                                    
15 a finding of guilt or at a time specified by the court unless the defendant                                             
16            waives the notice requirement.                                                                               
17    * Sec. 12. AS 12.55.145(a) is amended to read:                                                                     
18            (a)  For purposes of considering prior convictions in imposing sentence under                                
19                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
20 (A)  a prior conviction may not be considered if a period of 10                                                         
21 or more years has elapsed between the date of the defendant's unconditional                                             
22 discharge on the immediately preceding offense and commission of the present                                            
23            offense unless the prior conviction was for an unclassified or class A felony;                               
24 (B)  a conviction in this or another jurisdiction of an offense                                                         
25 having elements similar to those of a felony defined as such under Alaska law                                           
26            at the time the offense was committed is considered a prior felony conviction;                               
27 (C)  two or more convictions arising out of a single, continuous                                                        
28 criminal episode during which there was no substantial change in the nature of                                          
29 the criminal objective are considered a single conviction unless the defendant                                          
30 was sentenced to consecutive sentences for the crimes; offenses committed                                               
31 while attempting to escape or avoid detection or apprehension after the                                                 
01            commission of another offense are not part of the same criminal episode or                                   
02            objective;                                                                                                   
03                 (2)  AS 12.55.125(l),                                                                                   
04                      (A)  a conviction in this or another jurisdiction of an offense                                    
05            having elements similar to those of a most serious felony is considered a prior                              
06            most serious felony conviction;                                                                              
07 (B)  commission of and conviction for offenses relied on as                                                             
08 prior most serious felony offenses must occur in the following order:                                                   
09 conviction for the first offense must occur before commission of the second                                             
10 offense, and conviction for the second offense must occur before commission                                             
11            of the offense for which the defendant is being sentenced;                                                   
12                 (3)  AS 12.55.135(g),                                                                                   
13 (A)  a prior conviction may not be considered if a period of five                                                       
14 or more years has elapsed between the date of the defendant's unconditional                                             
15 discharge on the immediately preceding offense and commission of the present                                            
16            offense unless the prior conviction was for an unclassified or class A felony;                               
17 (B)  a conviction in this or another jurisdiction of an offense                                                         
18 having elements similar to those of a crime against a person or a crime                                                 
19            involving domestic violence is considered a prior conviction;                                                
20 (C)  two or more convictions arising out of a single, continuous                                                        
21 criminal episode during which there was no substantial change in the nature of                                          
22 the criminal objective are considered a single conviction unless the defendant                                          
23 was sentenced to consecutive sentences for the crimes; offenses committed                                               
24 while attempting to escape or avoid detection or apprehension after the                                                 
25 commission of another offense are not part of the same criminal episode or                                              
26            objective;                                                                                                   
27                 (4)  AS 12.55.125(i),                                                                                   
28 (A)  a conviction in this or another jurisdiction of an offense                                                         
29 having elements similar to those of a sexual felony is a prior conviction for a                                         
30            sexual felony;                                                                                               
31 (B)  a felony conviction in another jurisdiction making it a                                                            
01 crime to commit any lewd and lascivious act upon a child under the age of 16                                            
02 years, with the intent of arousing, appealing to, or gratifying the sexual desires                                      
03            of the defendant or the victim is a prior conviction for a sexual felony;                                    
04 (C)  two or more convictions arising out of a single, continuous                                                        
05 criminal episode during which there was no substantial change in the nature of                                          
06 the criminal objective are considered a single conviction unless the defendant                                          
07 was sentenced to consecutive sentences for the crimes; offenses committed                                               
08 while attempting to escape or avoid detection or apprehension after the                                                 
09 commission of another offense are not part of the same criminal episode or                                              
10            objective;                                                                                               
11                 (5)  AS 12.55.135(a),                                                                               
12 (A)  a prior conviction may not be considered if a period of                                                        
13 five or more years has elapsed between the date of the defendant's                                                  
14 unconditional discharge on the immediately preceding offense and                                                    
15 commission of the present offense unless the prior conviction was for an                                            
16            unclassified or class A felony;                                                                          
17 (B)  a conviction in this or another jurisdiction of an offense                                                     
18 having elements similar to those of a felony or misdemeanor defined as                                              
19 such under Alaska law at the time the offense was committed is considered                                           
20            a prior conviction;                                                                                      
21 (C)  two or more convictions arising out of a single,                                                               
22 continuous criminal episode during which there was no substantial change                                            
23 in the nature of the criminal objective are considered a single conviction                                          
24 unless the defendant was sentenced to consecutive sentences for the                                                 
25 crimes; offenses committed while attempting to escape or avoid detection                                            
26 or apprehension after the commission of another offense are not part of                                             
27            the same criminal episode or objective.                                                                  
28    * Sec. 13. AS 12.63.100(6) is amended to read:                                                                     
29                 (6)  "sex offense" means                                                                                
30 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
31 another jurisdiction, in which the person committed or attempted to commit a                                            
01            sexual offense, or a similar offense under the laws of the other jurisdiction; in                            
02            this subparagraph, "sexual offense" has the meaning given in                                                 
03            AS 11.41.100(a)(3);                                                                                          
04                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
05            another jurisdiction, in which the person committed or attempted to commit                                   
06            one of the following crimes, or a similar law of another jurisdiction:                                       
07                           (i)  sexual assault in the first degree;                                                      
08                           (ii)  sexual assault in the second degree;                                                    
09                           (iii)  sexual abuse of a minor in the first degree; or                                        
10                           (iv)  sexual abuse of a minor in the second degree; or                                        
11 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
12            a crime, under the following statutes or a similar law of another jurisdiction:                              
13                           (i)  AS 11.41.410 - 11.41.438;                                                                
14                           (ii)  AS 11.41.440(a)(2);                                                                     
15                           (iii)  AS 11.41.450 - 11.41.458;                                                              
16 (iv)  AS 11.41.460 if the indecent exposure is before a                                                                 
17 person under 16 years of age and the offender has a previous conviction                                                 
18                 for that offense;                                                                                       
19                           (v)  AS 11.61.125 - 11.61.128;                                                                
20 (vi)  AS 11.66.110 or 11.66.130(a)(2)(B)                                                                            
21 [11.66.130(a)(2)] if the person who was induced or caused to engage in                                                  
22                 prostitution was under 20 years of age at the time of the offense;                                      
23 (vii)  former AS 11.15.120, former 11.15.134, or assault                                                                
24 with the intent to commit rape under former AS 11.15.160, former                                                        
25                 AS 11.40.110, or former 11.40.200;                                                                      
26 (viii)  AS 11.61.118(a)(2) if the offender has a previous                                                               
27                 conviction for that offense; or                                                                         
28 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
29                 punishment under AS 11.66.100(e);                                                                     
30    * Sec. 14. AS 18.67.101 is amended to read:                                                                        
31 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The                                             
01       board may order the payment of compensation in accordance with the provisions of                                  
02       this chapter for personal injury or death that resulted from                                                      
03                 (1)  an attempt on the part of the applicant to prevent the commission of                               
04       crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police                              
05       officer to do so, or aiding a victim of crime; or                                                                 
06                 (2)  the commission or attempt on the part of one other than the                                        
07       applicant to commit any of the following offenses:                                                                
08                      (A)  murder in any degree;                                                                         
09                      (B)  manslaughter;                                                                                 
10                      (C)  criminally negligent homicide;                                                                
11                      (D)  assault in any degree;                                                                        
12                      (E)  kidnapping;                                                                                   
13                      (F)  sexual assault in any degree;                                                                 
14                      (G)  sexual abuse of a minor;                                                                      
15                      (H)  robbery in any degree;                                                                        
16                      (I)  threats to do bodily harm;                                                                    
17 (J)  driving while under the influence of an alcoholic beverage,                                                        
18 inhalant, or controlled substance or another crime resulting from the operation                                         
19 of a motor vehicle, boat, or airplane when the offender is under the influence                                          
20            of an alcoholic beverage, inhalant, or controlled substance;                                                 
21                      (K)  arson in the first degree;                                                                    
22 (L)  sex trafficking in violation of AS 11.66.110 or                                                                    
23            11.66.130(a)(2)(B) [11.66.130(a)(2)];                                                                    
24                      (M)  human trafficking in any degree; or                                                           
25                      (N)  unlawful exploitation of a minor.                                                             
26    * Sec. 15. AS 28.15.011 is amended by adding a new subsection to read:                                             
27            (d)  Violation of (b) of this section is an infraction.                                                      
28    * Sec. 16. AS 29.25.070(g) is amended to read:                                                                     
29 (g)  If a municipality prescribes a penalty for a violation of a municipal                                              
30 ordinance, including a violation under (a) of this section, and there is a comparable                                   
31 state crime [OFFENSE] under AS 11 or AS 28 with elements that are similar to the                                    
01 municipal ordinance, the municipality may not impose a greater punishment than that                                     
02 imposed for a violation of the state crime [LAW]. This subsection applies to home                                   
03       rule and general law municipalities.                                                                              
04    * Sec. 17. AS 33.07.010, enacted by sec. 117, ch. 36, SLA 2016, is amended to read:                                
05 Sec. 33.07.010. Pretrial services program; establishment. The commissioner                                            
06 shall establish and administer a pretrial services program that provides a pretrial risk                                
07 assessment for all defendants detained in custody in a correctional facility                                        
08 following arrest and for any defendant for whom the prosecution requests to                                         
09 have a pretrial risk assessment at the next hearing or arraignment. The pretrial                                    
10 services program shall make [,] recommendations to the court concerning pretrial                                    
11 release decisions, and provide supervision of defendants released while awaiting trial                              
12       as ordered by the court.                                                                                          
13    * Sec. 18. AS 33.16.130(c) is amended to read:                                                                     
14 (c)  If the board denies parole, the board shall state the reasons for the denial,                                      
15 identify all of the factors considered relevant to the denial, and provide a written plan                               
16 for addressing all of the factors relevant to the denial. The board may schedule a                                      
17       subsequent parole hearing at the time of the denial or at a later date [AS FOLLOWS:                               
18 (1)  FOR THE FIRST PAROLE DENIAL, WITHIN TWO YEARS                                                                      
19       AFTER THE FIRST PAROLE ELIGIBILITY DATE;                                                                          
20 (2)  FOR THE SECOND AND SUBSEQUENT DENIALS, WITHIN                                                                      
21       TWO YEARS AFTER THE MOST RECENT PAROLE HEARING].                                                                  
22    * Sec. 19. AS 33.30.061 is amended by adding a new subsection to read:                                             
23 (d)  A prisoner serving a term of imprisonment at a private residence as                                                
24 required by statute when electronic monitoring is not available does not have a liberty                                 
25 interest in that status. The commissioner may return the prisoner to a correctional                                     
26 facility if the commissioner finds that the prisoner has violated the terms and                                         
27       conditions of the imprisonment at the private residence.                                                          
28    * Sec. 20. AS 34.03.360(10) is amended to read:                                                                    
29 (10)  "illegal activity involving a place of prostitution" means a                                                      
30 violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D) [11.66.130(a)(1) OR                                    
31       (4)];                                                                                                             
01    * Sec. 21. AS 47.37.040 is amended to read:                                                                        
02            Sec. 47.37.040. Duties of department. The department shall                                                 
03 (1)  develop, encourage, and foster statewide, regional, and local plans                                                
04 and programs for the prevention of alcoholism and drug abuse and treatment of                                           
05 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with                                 
06 public and private agencies, organizations, and individuals, and provide technical                                      
07       assistance and consultation services for these purposes;                                                          
08                 (2)  coordinate the efforts and enlist the assistance of all public and                                 
09       private agencies, organizations, and individuals interested in prevention of alcoholism,                          
10 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug                                  
11       abusers, and inhalant abusers;                                                                                    
12 (3)  cooperate with the Department of Corrections in establishing and                                                   
13 conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                      
14       abusers, and inhalant abusers in or on parole from penal institutions;                                            
15 (4)  cooperate with the Department of Education and Early                                                               
16 Development, school boards, schools, police departments, courts, and other public and                                   
17 private agencies, organizations, and individuals in establishing programs for the                                       
18 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics,                                  
19 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum                                       
20       materials for use at all levels of school education;                                                              
21 (5)  prepare, publish, evaluate, and disseminate educational material                                                   
22 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous                                   
23       volatile substances;                                                                                              
24 (6)  develop and implement, as an integral part of treatment programs,                                                  
25 an educational program for use in the treatment of alcoholics, intoxicated persons,                                     
26 drug abusers, and inhalant abusers that includes the dissemination of information                                       
27 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances;                                 
28 (7)  organize and foster training programs for all persons engaged in                                                   
29 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and                                   
30 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant                                  
31       abuse workers;                                                                                                    
01 (8)  sponsor and encourage research into the causes and nature of                                                       
02 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,                                            
03 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse                                   
04       for information relating to alcoholism, drug abuse, and inhalant abuse;                                           
05 (9)  specify uniform methods for keeping statistical information by                                                     
06 public and private agencies, organizations, and individuals, and collect and make                                       
07 available relevant statistical information, including number of persons treated,                                        
08       frequency of admission and readmission, and frequency and duration of treatment;                                  
09 (10)  conduct program planning activities approved by the Advisory                                                      
10       Board on Alcoholism and Drug Abuse;                                                                               
11 (11)  review all state health, welfare, and treatment plans to be                                                       
12 submitted for federal funding, and advise the commissioner on provisions to be                                          
13 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant                                        
14       abusers;                                                                                                          
15 (12)  assist in the development of, and cooperate with, alcohol, drug                                                   
16 abuse, and inhalant abuse education and treatment programs for employees of state                                       
17       and local governments and businesses and industries in the state;                                                 
18 (13)  use the support and assistance of interested persons in the                                                       
19 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to                                    
20 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo                                         
21       treatment;                                                                                                        
22 (14)  cooperate with the Department of Public Safety and the                                                            
23 Department of Transportation and Public Facilities in establishing and conducting                                       
24 programs designed to deal with the problem of persons operating motor vehicles while                                    
25 under the influence of an alcoholic beverage, inhalant, or controlled substance, and                                    
26 develop and approve alcohol information courses required to be taken by drivers under                                   
27 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic                                
28       laws;                                                                                                             
29 (15)  encourage hospitals and other appropriate health facilities to                                                    
30 admit without discrimination alcoholics, intoxicated persons, drug abusers, and                                         
31       inhalant abusers and to provide them with adequate and appropriate treatment;                                     
01                 (16)  encourage all health insurance programs to include alcoholism                                     
02       and drug abuse as a covered illness;                                                                              
03                 (17)  prepare an annual report covering the activities of the department                                
04       and notify the legislature that the report is available;                                                          
05 (18)  develop and implement a training program on alcoholism and                                                        
06 drug abuse for employees of state and municipal governments, and private institutions;                                  
07 (19)  develop curriculum materials on drug and alcohol abuse and the                                                    
08 misuse of hazardous volatile substances for use in grades kindergarten through 12, as                                   
09 well as a course of instruction for teachers to be charged with presenting the                                          
10       curriculum;                                                                                                       
11 (20)  develop and implement or designate, in cooperation with other                                                     
12 state or local agencies, a juvenile alcohol safety action program that provides alcohol                                 
13 and substance abuse screening, referral, and monitoring of persons under 18 years of                                    
14       age who have been referred to it by                                                                               
15 (A)  a court in connection with a charge or conviction of a                                                             
16 violation or misdemeanor related to the use of alcohol or a controlled                                                  
17            substance;                                                                                                   
18 (B)  the agency responsible for the administration of motor                                                             
19 vehicle laws in connection with a license action related to the use of alcohol or                                       
20            a controlled substance; or                                                                                   
21 (C)  department staff after a delinquency adjudication that is                                                          
22            related to the use of alcohol or a controlled substance;                                                     
23 (21)  develop and implement, or designate, in cooperation with other                                                    
24 state or local agencies, an alcohol safety action program that provides services to                                     
25 persons who have been referred by a court under AS 11.71.050(a)(4), AS 28.35.028,                                   
26 28.35.030, or 28.35.032, or referred by an agency of the state with the responsibility                                  
27 for administering motor vehicle laws in connection with a driver's license action                                       
28       involving the use of alcohol or a controlled substance;                                                           
29 (22)  whenever possible, apply evidence-based, research-based, and                                                      
30 consensus-based substance abuse and co-occurring substance abuse and mental health                                      
31 disorders treatment practices and remove barriers that prevent the use of those                                         
01       practices;                                                                                                        
02 (23)  collaborate with first responders, hospitals, schools, primary care                                               
03 providers, developmental disability treatment providers, law enforcement, corrections,                                  
04 attorneys, the Alaska Court System, community behavioral treatment providers,                                           
05 Alaska Native organizations, and federally funded programs in implementing                                              
06       programs for co-occurring substance abuse and mental health disorders treatment.                                  
07    * Sec. 22. AS 11.66.130(b), 11.66.135(b); AS 12.55.125(e)(4)(B), 12.55.125(e)(4)(C), and                           
08 12.55.125(e)(4)(D) are repealed.                                                                                        
09    * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
12 the effective date of those sections:                                                                                   
13 (1)  AS 11.56.757(a), as amended by sec. 1 of this Act;                                                                 
14 (2)  AS 11.56.757(b), as amended by sec. 2 of this Act;                                                                 
15 (3)  AS 11.66.130(a), as amended by sec. 3 of this Act;                                                                 
16 (4)  AS 11.66.135(a), as amended by sec. 4 of this Act;                                                                 
17 (5)  AS 11.66.150(4), enacted by sec. 5 of this Act; and                                                                
18            (6)  AS 28.15.011(d), enacted by sec. 15 of this Act.                                                        
19       (b)  The following sections apply to sentences imposed on or after the effective date of                          
20 those sections for conduct occurring on or after the effective date of those sections:                                  
21            (1)  AS 12.55.125(e), as amended by sec. 6 of this Act;                                                      
22            (2)  AS 12.55.125(q), enacted by sec. 7 of this Act;                                                         
23 (3)  AS 12.55.135(a), as amended by sec. 8 of this Act;                                                                 
24 (4)  AS 12.55.135(b), as amended by sec. 9 of this Act;                                                                 
25 (5)  AS 12.55.135(l), as amended by sec. 10 of this Act;                                                                
26            (6)  AS 12.55.135(p), as amended by sec. 11 of this Act; and                                                 
27            (7)  AS 12.55.145(a), as amended by sec. 12 of this Act.                                                     
28       (c)  AS 33.16.130(c), as amended by sec. 18 of this Act, applies to sentences imposed                             
29 on or after the effective date of sec. 18 of this Act.                                                                  
30    * Sec. 24. Section 17 of this Act takes effect January 1, 2018.                                                    
31    * Sec. 25. Except as provided in sec. 24 of this Act, this Act takes effect immediately under                      
01 AS 01.10.070(c).