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HCS CSSB 54(JUD): "An Act relating to crime and criminal law; relating to violation of condition of release; relating to sex trafficking; classifying U-47700 as a schedule IA controlled substance; classifying tramadol and related substances as schedule IVA controlled substances; 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                 HOUSE CS FOR CS FOR SENATE BILL NO. 54(JUD)                                                             
01 "An Act relating to crime and criminal law; relating to violation of condition of release;                              
02 relating to sex trafficking; classifying U-47700 as a schedule IA controlled substance;                                 
03 classifying tramadol and related substances as schedule IVA controlled substances;                                      
04 relating to sentencing; relating to imprisonment; relating to parole; relating to                                       
05 probation; relating to driving without a license; relating to the pretrial services                                     
06 program; and providing for an effective date."                                                                          
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 11.46.140(a) is amended to read:                                                                   
09            (a)  A person commits the crime of theft in the third degree if the person                                   
10       commits theft as defined in AS 11.46.100 and                                                                      
11                 (1)  the value of the property or services, adjusted for inflation as                                   
12       provided in AS 11.46.982, is $250 or more but less than $1,000; or                                                
13                 (2)  [REPEALED]                                                                                         
01                 (3)  [REPEALED]                                                                                         
02 (4)  the value of the property is less than $250 and, within the past                                               
03 five years, the person has been convicted and sentenced on two or more separate                                     
04 occasions in this or another jurisdiction of theft or concealment of merchandise,                                   
05       or an offense under another law or ordinance with similar elements.                                           
06    * Sec. 2. AS 11.46.220(c) is amended to read:                                                                      
07            (c)  Concealment of merchandise is                                                                           
08                 (1)  a class C felony if                                                                                
09                      (A)  the merchandise is a firearm;                                                                 
10 (B)  the value of the merchandise [, ADJUSTED FOR                                                                       
11            INFLATION AS PROVIDED IN AS 11.46.982,] is $1,000 or more; or                                                
12 (C)  the value of the merchandise [, ADJUSTED FOR                                                                       
13 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
14 $1,000 and, within the preceding five years, the person has been convicted and                                          
15            sentenced on two or more separate occasions in this or another jurisdiction of                               
16 (i)  the offense of concealment of merchandise under                                                                    
17 this paragraph or (2)(A) of this subsection, or an offense under another                                                
18                 law or ordinance with similar elements; or                                                              
19 (ii)  an offense under AS 11.46.120, 11.46.130, or                                                                      
20 11.46.140(a)(1), or an offense under another law or ordinance with                                                      
21                 similar elements;                                                                                       
22                 (2)  a class A misdemeanor if                                                                           
23 (A)  the value of the merchandise [, ADJUSTED FOR                                                                       
24 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
25            $1,000; or                                                                                                   
26                      (B)  [REPEALED]                                                                                    
27 (C)  the value of the merchandise is less than $250 and,                                                            
28 within the preceding five years, the person has been convicted and                                                  
29 sentenced on two or more separate occasions of the offense of concealment                                           
30 of merchandise or theft in any degree, or an offense under another law or                                           
31            ordinance with similar elements;                                                                         
01                 (3)  a class B misdemeanor if the value of the merchandise, adjusted for                                
02       inflation as provided in AS 11.46.982, is less than $250.                                                         
03    * Sec. 3. AS 11.56.757(a) is amended to read:                                                                      
04            (a)  A person commits the crime [OFFENSE] of violation of condition of                                   
05       release if the person                                                                                             
06                 (1)  has been charged with a crime or convicted of a crime;                                             
07                 (2)  has been released under AS 12.30; and                                                              
08                 (3)  violates a condition of release imposed by a judicial officer under                                
09       AS 12.30, other than the requirement to appear as ordered by a judicial officer.                                  
10    * Sec. 4. AS 11.56.757(b) is amended to read:                                                                      
11 (b)  Violation of condition of release is a class B misdemeanor [VIOLATION                                          
12       PUNISHABLE BY A FINE OF UP TO $1,000].                                                                            
13    * Sec. 5. AS 11.66.130(a) is amended to read:                                                                      
14 (a)  A person commits the crime of sex trafficking in the third degree if [,                                            
15       WITH INTENT TO PROMOTE PROSTITUTION,] the person                                                                  
16 (1)  receives compensation for prostitution services rendered by                                                    
17       another; and                                                                                                  
18                 (2)  with the intent to promote prostitution,                                                       
19 (A)  manages, supervises, controls, or owns, either alone or in                                                     
20            association with others, a place of prostitution;                                                            
21 (B) [(2)]  as other than a patron of a prostitute, induces or                                                       
22 causes another person who is 20 years of age or older to engage in prostitution;                                        
23 (C) [(3)  AS OTHER THAN A PROSTITUTE RECEIVING                                                                      
24 COMPENSATION FOR PERSONALLY RENDERED PROSTITUTION                                                                       
25 SERVICES,] receives or agrees to receive money or other property under an                                               
26 agreement or understanding that the money or other property is derived from                                             
27            prostitution; or                                                                                             
28 (D) [(4)]  engages in conduct that institutes, aids, or facilitates a                                               
29            prostitution enterprise.                                                                                     
30    * Sec. 6. AS 11.66.135(a) is amended to read:                                                                      
31 (a)  A person commits the crime of sex trafficking in the fourth degree if the                                          
01       person                                                                                                            
02                 (1)  receives compensation for prostitution services rendered by                                    
03       another; and                                                                                                  
04                 (2)  engages in conduct that institutes, aids, or facilitates prostitution                          
05       under  circumstances not proscribed under  AS 11.66.130(a)(2)(D)                                              
06       [AS 11.66.130(a)(4)].                                                                                             
07    * Sec. 7. AS 11.66.150 is amended by adding a new paragraph to read:                                               
08                 (4)  "compensation" does not include any payment for reasonably                                         
09       apportioned shared expenses.                                                                                      
10    * Sec. 8. AS 11.71.140(c) is amended to read:                                                                      
11 (c)  Schedule IA includes, unless specifically excepted or unless listed in                                             
12 another schedule, any of the following opiates, including their isomers, esters, ethers,                                
13 salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers,                               
14 esters, ethers, and salts is possible within the specific chemical designation,                                         
15       dextrorphan excepted:                                                                                             
16                 (1)  acetylmethadol;                                                                                    
17                 (2)  allylprodine;                                                                                      
18                 (3)  alphacetylmethadol;                                                                                
19                 (4)  alphameprodine;                                                                                    
20                 (5)  alphamethadol;                                                                                     
21                 (6)  alphaprodine;                                                                                      
22                 (7)  anileridine;                                                                                       
23                 (8)  benzethidine;                                                                                      
24                 (9)  betacetylmethadol;                                                                                 
25                 (10)  betameprodine;                                                                                    
26 (11)  betamethadol;                                                                                                     
27 (12)  betaprodine;                                                                                                      
28 (13)  bezitramide;                                                                                                      
29                 (14)  clonitazene;                                                                                      
30                 (15)  dextromoramide;                                                                                   
31                 (16)  diampromide;                                                                                      
01                 (17)  diethylthiambutene;                                                                               
02                 (18)  difenoxin;                                                                                        
03                 (19)  dihydrocodeine;                                                                                   
04                 (20)  dimenoxadol;                                                                                      
05                 (21)  dimepheptanol;                                                                                    
06                 (22)  dimethylthiambutene;                                                                              
07                 (23)  dioxaphetyl butyrate;                                                                             
08                 (24)  diphenoxylate;                                                                                    
09                 (25)  dipipanone;                                                                                       
10                 (26)  ethylmethythiamutene;                                                                             
11                 (27)  etonitazene;                                                                                      
12                 (28)  etoxeridine;                                                                                      
13                 (29)  fentanyl;                                                                                         
14                 (30)  furethidine;                                                                                      
15                 (31)  hydroxpethidine;                                                                                  
16                 (32)  isomethadone;                                                                                     
17                 (33)  ketobemidone;                                                                                     
18                 (34)  levomethorphan;                                                                                   
19                 (35)  levomoramide;                                                                                     
20                 (36)  levorphanol;                                                                                      
21                 (37)  levophenacylmorphan;                                                                              
22                 (38)  meperidine, also known as pethidine;                                                              
23                 (39)  metazocine;                                                                                       
24                 (40)  methadone;                                                                                        
25                 (41)  methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl                                     
26       butane;                                                                                                           
27                 (42)  moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-                                       
28       propane-carboxylic acid;                                                                                          
29                 (43)  morpheridine;                                                                                     
30                 (44)  noracymethadol;                                                                                   
31                 (45)  norlevorphanol;                                                                                   
01                 (46)  normethadone;                                                                                     
02                 (47)  norpipanone;                                                                                      
03                 (48)  pethidine, also known as merperidine;                                                             
04                 (49)  pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;                                    
05                 (50)  pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carbox-                                      
06       ylate;                                                                                                            
07                 (51)  pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4-                                          
08       carboxylic acid;                                                                                                  
09                 (52)  phenadoxone;                                                                                      
10                 (53)  phenampromide;                                                                                    
11                 (54)  phenazocine;                                                                                      
12                 (55)  phenomorphan;                                                                                     
13                 (56)  phenoperidine;                                                                                    
14                 (57)  piminodine;                                                                                       
15                 (58)  piritramide;                                                                                      
16                 (59)  propheptazine;                                                                                    
17                 (60)  properidine;                                                                                      
18                 (61)  propiram;                                                                                         
19                 (62)  racemethorphan;                                                                                   
20                 (63)  racemoramide;                                                                                     
21                 (64)  racemorphan;                                                                                      
22                 (65)  trimeperidine;                                                                                    
23                 (66)  alfentanil;                                                                                       
24                 (67)  alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)- ethyl-4-                                   
25       piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4(N-propanilido) piperidine);                               
26                 (68)  bulk dextropropoxyphene (non-dosage form);                                                        
27                 (69)  carfentanil;                                                                                      
28                 (70)  sufentanil;                                                                                       
29                 (71)  tilidine;                                                                                         
30                 (72)  para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-                                     
31       piperidinyl] propanamide);                                                                                        
01                 (73)  3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-                                   
02       phenylpropanamide);                                                                                               
03                 (74)  acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenetnyl)-4-                                       
04       piperidinyl]-N-phenylacetamide);                                                                                  
05                 (75)  alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-                                      
06       piperidinyl]-N-phenylpropanamide);                                                                                
07                 (76)  beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-                                             
08       piperidinyl]-N-phenylpropan amide);                                                                               
09                 (77)  beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-                                    
10       methyl-4-piperidinyl]-N-phenylpropanamide);                                                                       
11                 (78)  3-methylthiofentanyl (N-[(3-methyl-l-(2-thienyl)ethyl-4-                                          
12       piperidinyl]-N-phenylpropanamide);                                                                                
13 (79)  thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-                                                      
14       propanamide);                                                                                                     
15                 (80)  MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);                                                  
16                 (81)  PEPAP (1-(-2-pheynethyl)-4-phenyl-4-acetoxypiperidine);                                       
17 (82)  3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-                                                               
18       methylbenzamide, also known as U-47700.                                                                       
19    * Sec. 9. AS 11.71.170 is amended by adding a new subsection to read:                                              
20 (g)  Schedule IVA includes, unless specifically excepted or unless listed in                                            
21 another schedule, any material, compound, mixture, or preparation which contains any                                    
22 quantity of the following substance or its salts calculated as the free anhydrous base or                               
23 alkaloid: 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts,                                         
24       optical and geometric isomers, and salts of these isomers, including tramadol.                                    
25    * Sec. 10. AS 12.30.006(b), as amended by sec. 55, ch. 36, SLA 2016, is amended to read:                           
26 (b)  At the first appearance before a judicial officer, a person [WHO IS                                                
27 CHARGED WITH A FELONY, OTHER THAN A CLASS C FELONY AND THE                                                              
28 PERSON HAS BEEN ASSESSED AS LOW RISK UNDER AS 12.30.011(c)(1),]                                                         
29 may be detained up to 48 hours for the prosecuting authority to demonstrate that                                        
30 release of the person under AS 12.30.011 would not reasonably ensure the appearance                                     
31 of the person or will pose a danger to the victim, other persons, or the community, if                              
01       the person has been charged with the following crimes:                                                        
02                 (1)  an unclassified, class A, or class B felony;                                                   
03 (2)  a class C felony under AS 11.41.220, 11.41.260, 11.41.425,                                                     
04 AS 11.46.310, 11.46.360, AS 11.51.100(d)(2) or (f), 11.51.200, AS 11.56.320,                                        
05 11.56.335, 11.56.540, 11.56.590, 11.56.610, 11.56.770, 11.56.835,                                                   
06 AS 11.61.123(f)(1), 11.61.127, 11.61.128(d), 11.61.140(h), 11.61.200,                                               
07       11.61.240(b)(3), or 11.61.250; or                                                                             
08                 (3)  a class C felony, other than a class C felony listed in (2) of this                            
09       subsection, and the person has been assessed as moderate to high risk under                                   
10       AS 12.30.011(c)(2).                                                                                           
11    * Sec. 11. AS 12.30.011, as repealed and reenacted by sec. 59, ch. 36, SLA 2016, is                                
12 amended by adding a new subsection to read:                                                                             
13 (l)  If the supreme court establishes a schedule of bail amounts or conditions of                                       
14 release for misdemeanor offenses, the schedule must include a condition providing                                       
15 that a correctional facility shall, at the time of release, conduct a chemical test of the                              
16 breath of a person who has been arrested and who is intoxicated and may detain the                                      
17 person until the test result indicates that the person's breath has less than 0.08 grams of                             
18 alcohol for each 210 liters of breath or, with the consent of the person, release the                                   
19       person to another person who is willing and able to provide care for the person.                                  
20    * Sec. 12. AS 12.55.025(a) is amended to read:                                                                     
21 (a)  When imposing a sentence for conviction of a felony offense or a sentence                                          
22 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a                                       
23 regulation adopted under AS 04, or an ordinance adopted in conformity with                                              
24 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that                                
25       includes the following:                                                                                           
26 (1)  a verbatim record of the sentencing hearing and any other in-court                                                 
27       sentencing procedures;                                                                                            
28 (2)  findings on material issues of fact and on factual questions required                                              
29       to be determined as a prerequisite to the selection of the sentence imposed;                                      
30 (3)  a clear statement of the terms of the sentence imposed; if a term of                                               
31       imprisonment is imposed, the statement must include                                                               
01 (A)  the approximate minimum term the defendant is expected                                                             
02 to serve before being released or placed on mandatory parole if the defendant                                           
03 is eligible for and does not forfeit good conduct deductions under                                                      
04            AS 33.20.010; and                                                                                            
05                      (B)  if applicable, the approximate minimum term of                                                
06            imprisonment the defendant must serve before becoming eligible for release on                                
07            discretionary [OR ADMINISTRATIVE] parole;                                                                    
08                 (4)  any recommendations as to the place of confinement or the manner                                   
09       of treatment; and                                                                                                 
10 (5)  in the case of a conviction for a felony offense, information                                                      
11       assessing                                                                                                         
12 (A)  the financial, emotional, and medical effects of the offense                                                       
13            on the victim;                                                                                               
14                      (B)  the need of the victim for restitution; and                                                   
15                      (C)  any other information required by the court.                                                  
16    * Sec. 13. AS 12.55.115 is amended to read:                                                                        
17 Sec. 12.55.115. Fixing eligibility for discretionary [OR                                                              
18 ADMINISTRATIVE] parole at sentencing. The court may, as part of a sentence of                                         
19 imprisonment, further restrict the eligibility of a prisoner for discretionary [OR                                      
20 ADMINISTRATIVE] parole for a term greater than that required under AS 33.16.090                                     
21       [AS 33.16.089, 33.16.090,] and 33.16.100.                                                                         
22    * Sec. 14. AS 12.55.125(c) is amended to read:                                                                     
23 (c)  Except as provided in (i) of this section, a defendant convicted of a class A                                      
24 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
25 and shall be sentenced to a definite term within the following presumptive ranges,                                      
26       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
27 (1)  if the offense is a first felony conviction and does not involve                                                   
28       circumstances described in (2) of this subsection, three to six years;                                            
29                 (2)  if the offense is a first felony conviction and the defendant                                      
30 (A)  possessed a firearm, used a dangerous instrument, or                                                           
31 caused serious physical injury or death during the commission of the offense,                                           
01            five to nine years; or                                                                                   
02 (B)  knowingly directed the conduct constituting the offense at a                                                   
03 uniformed or otherwise clearly identified peace officer, firefighter, correctional                                      
04 employee, emergency medical technician, paramedic, ambulance attendant, or                                              
05 other emergency responder who was engaged in the performance of official                                                
06            duties at the time of the offense, seven [FIVE] to 11 [NINE] years;                                  
07                 (3)  if the offense is a second felony conviction, eight to 12 years;                                   
08                 (4)  if the offense is a third felony conviction and the defendant is not                               
09       subject to sentencing under (l) of this section, 13 to 20 years.                                                  
10    * Sec. 15. AS 12.55.125(e) is amended to read:                                                                     
11 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
12 felony may be sentenced to a definite term of imprisonment of not more than five                                        
13 years, and shall be sentenced to a definite term within the following presumptive                                       
14       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
15 (1)  if the offense is a first felony conviction and does not involve                                                   
16 circumstances described in (4) of this subsection, [PROBATION, WITH A                                                   
17 SUSPENDED TERM OF IMPRISONMENT OF] zero to one year [18 MONTHS]; a                                                  
18 defendant sentenced under this paragraph may, if the court finds it appropriate, be                                     
19       granted a suspended imposition of sentence under AS 12.55.085;                                                    
20                 (2)  if the offense is a second felony conviction, one to three years;                                  
21                 (3)  if the offense is a third felony conviction, two to five years;                                    
22 (4)  if the offense is a first felony conviction, and the defendant violated                                            
23                      (A)  AS 08.54.720(a)(15), one to two years;                                                        
24 (B)  AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to                                                           
25            239 days;                                                                                                    
26 (C)  AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to                                                           
27            359 days;                                                                                                    
28 (D)  AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to                                                           
29            two years.                                                                                                   
30    * Sec. 16. AS 12.55.125 is amended by adding a new subsection to read:                                             
31 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
01 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
02 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
03 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
04 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
05 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
06 imprisonment of two years and a minimum period of probation supervision of five                                         
07 years for conviction of a class C felony. The period of probation is in addition to any                                 
08       sentence received under (i) of this section.                                                                      
09    * Sec. 17. AS 12.55.135(a) is amended to read:                                                                     
10 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
11       definite term of imprisonment of not more than                                                                    
12                 (1)  one year, if the                                                                                   
13 (A)  conviction is for a crime with a mandatory minimum term                                                            
14            of 30 days or more of active imprisonment;                                                                   
15 (B)  trier of fact finds the aggravating factor that the conduct                                                        
16 constituting the offense was among the most serious conduct included in the                                             
17            definition of the offense;                                                                                   
18 (C)  defendant has previously been convicted two or more                                                            
19 times [PAST CRIMINAL CONVICTIONS] for conduct violative of criminal                                                 
20 laws, punishable as felonies or misdemeanors, similar in nature to the offense                                          
21            for which the defendant is being sentenced;                                                                  
22 (D)  conviction is for an assault in the fourth degree under                                                            
23            AS 11.41.230; or                                                                                             
24                      (E)  conviction is for a violation of                                                              
25                           (i)  AS 11.41.427;                                                                            
26                           (ii)  AS 11.41.440;                                                                           
27 (iii)  AS 11.41.460, if the indecent exposure is before a                                                               
28                 person under 16 years of age; [OR]                                                                      
29                           (iv)  AS 11.61.116(c)(2); or                                                              
30                           (v)  AS 11.61.118(a)(2);                                                                  
31 (2)  60 days, if the defendant has one previous conviction for                                                      
01       conduct violative of criminal laws, punishable as felonies or misdemeanors,                                   
02       similar in nature to the offense for which the defendant is being sentenced;                                  
03                 (3)  30 days.                                                                                       
04    * Sec. 18. AS 12.55.135(b) is amended to read:                                                                     
05            (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                    
06       definite term of imprisonment of not more than                                                                    
07                 (1)  10 days unless otherwise specified in the provision of law defining                                
08       the offense or in this section;                                                                                   
09                 (2)  90 days if the conviction is for a violation of                                                    
10 (A)  AS 11.61.116(c)(1) and the person is 21 years of age or                                                            
11            older; or                                                                                                    
12 (B)  AS 11.61.120(a)(6) and the person is 21 years of age or                                                            
13            older; or                                                                                                
14                 (3)  five days if the conviction is for a violation of AS 11.56.757.                                
15    * Sec. 19. AS 12.55.135(l) is amended to read:                                                                     
16 (l)  A court sentencing a person convicted of theft in the fourth degree under                                          
17 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of                                           
18 identification marks under AS 11.46.260(b)(3), unlawful possession under                                                
19 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal                                           
20       simulation under AS 11.46.530(b)(3) may not impose                                                                
21 (1)  a sentence of more than 10 [FIVE] days of active [SUSPENDED]                                               
22 imprisonment and a term of probation of more than six months if the person has                                          
23 previously been convicted two or more times of an offense under AS 11.46.110 -                                          
24 11.46.220, 11.46.260 - 11.46.290, 11.46.360, or 11.46.365, or a law or ordinance of                                 
25       this or another jurisdiction with substantially similar elements; [OR]                                            
26 (2)  a sentence of more than five days of active [OR SUSPENDED]                                                     
27 imprisonment and a term of probation of more than six months if the person has                                      
28 [NOT BEEN PREVIOUSLY CONVICTED, OR HAS] previously been convicted                                                       
29 once [,] of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290,                                           
30 11.46.360, or 11.46.365, or a law or ordinance of this or another jurisdiction with                                 
31       substantially similar elements; or                                                                            
01 (3)  a sentence of more than five days of suspended imprisonment                                                    
02 and a term of probation of more than six months if the person has not been                                          
03 previously convicted of an offense under AS 11.46.110 - 11.46.220, 11.46.260 -                                      
04 11.46.290, 11.46.360, or 11.46.365, or a law or ordinance of this or another                                        
05       jurisdiction with substantially similar elements.                                                             
06    * Sec. 20. AS 12.55.135(m) is amended to read:                                                                     
07            (m)  A court may not impose a sentence of imprisonment for a definite term of                                
08       more than five days [24 HOURS] for a person convicted of disorderly conduct under                             
09       AS 11.61.110.                                                                                                     
10    * Sec. 21. AS 12.55.135(p) is amended to read:                                                                     
11            (p)  If the state seeks to establish an aggravating factor at sentencing                                     
12 (1)  under (a)(1)(C) or (a)(2) of this section, written notice must be                                              
13 served on the opposing party and filed with the court not later than 10 days before the                                 
14 date set for imposition of sentence; the aggravating factor in (a)(1)(C) or (a)(2) of this                          
15 section must be established by clear and convincing evidence before the court sitting                                   
16       without a jury; all findings must be set out with specificity;                                                    
17 (2)  an aggravating factor under (a)(1)(B) of this section shall be                                                     
18 presented to a trial jury under procedures set by the court, unless the defendant waives                                
19 trial by jury, stipulates to the existence of the factor, or consents to have the factor                                
20 proven under procedures set out in (1) of this subsection; an aggravating factor                                        
21 presented to a jury is established if proved beyond a reasonable doubt; written notice                                  
22 of the intent to establish an aggravating factor must be served on the defendant and                                    
23       filed with the court                                                                                              
24 (A)  not later than 10 days before trial or at a time specified by                                                      
25            the court;                                                                                                   
26 (B)  not later than 48 hours, or at a time specified by the court,                                                      
27 if the court instructs the jury about the option to return a verdict for a lesser                                       
28            included offense; or                                                                                         
29 (C)  not later than five days before entering a plea that results in                                                    
30 a finding of guilt or at a time specified by the court unless the defendant                                             
31            waives the notice requirement.                                                                               
01    * Sec. 22. AS 12.55.145(a) is amended to read:                                                                     
02            (a)  For purposes of considering prior convictions in imposing sentence under                                
03                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
04 (A)  a prior conviction may not be considered if a period of 10                                                         
05 or more years has elapsed between the date of the defendant's unconditional                                             
06 discharge on the immediately preceding offense and commission of the present                                            
07            offense unless the prior conviction was for an unclassified or class A felony;                               
08                      (B)  a conviction in this or another jurisdiction of an offense                                    
09            having elements similar to those of a felony defined as such under Alaska law                                
10 at the time the offense was committed is considered a prior felony conviction;                                          
11 (C)  two or more convictions arising out of a single, continuous                                                        
12 criminal episode during which there was no substantial change in the nature of                                          
13 the criminal objective are considered a single conviction unless the defendant                                          
14 was sentenced to consecutive sentences for the crimes; offenses committed                                               
15 while attempting to escape or avoid detection or apprehension after the                                                 
16 commission of another offense are not part of the same criminal episode or                                              
17            objective;                                                                                                   
18                 (2)  AS 12.55.125(l),                                                                                   
19 (A)  a conviction in this or another jurisdiction of an offense                                                         
20 having elements similar to those of a most serious felony is considered a prior                                         
21            most serious felony conviction;                                                                              
22 (B)  commission of and conviction for offenses relied on as                                                             
23 prior most serious felony offenses must occur in the following order:                                                   
24 conviction for the first offense must occur before commission of the second                                             
25 offense, and conviction for the second offense must occur before commission                                             
26            of the offense for which the defendant is being sentenced;                                                   
27                 (3)  AS 12.55.135(g),                                                                                   
28 (A)  a prior conviction may not be considered if a period of five                                                       
29 or more years has elapsed between the date of the defendant's unconditional                                             
30 discharge on the immediately preceding offense and commission of the present                                            
31            offense unless the prior conviction was for an unclassified or class A felony;                               
01 (B)  a conviction in this or another jurisdiction of an offense                                                         
02 having elements similar to those of a crime against a person or a crime                                                 
03            involving domestic violence is considered a prior conviction;                                                
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                 (4)  AS 12.55.125(i),                                                                                   
12 (A)  a conviction in this or another jurisdiction of an offense                                                         
13 having elements similar to those of a sexual felony is a prior conviction for a                                         
14            sexual felony;                                                                                               
15 (B)  a felony conviction in another jurisdiction making it a                                                            
16 crime to commit any lewd and lascivious act upon a child under the age of 16                                            
17 years, with the intent of arousing, appealing to, or gratifying the sexual desires                                      
18            of the defendant or the victim is a prior conviction for a sexual felony;                                    
19 (C)  two or more convictions arising out of a single, continuous                                                        
20 criminal episode during which there was no substantial change in the nature of                                          
21 the criminal objective are considered a single conviction unless the defendant                                          
22 was sentenced to consecutive sentences for the crimes; offenses committed                                               
23 while attempting to escape or avoid detection or apprehension after the                                                 
24 commission of another offense are not part of the same criminal episode or                                              
25            objective;                                                                                               
26                 (5)  AS 12.55.135(a),                                                                               
27 (A)  a prior conviction may not be considered if a period of                                                        
28 five or more years has elapsed between the date of the defendant's                                                  
29 unconditional discharge on the immediately preceding offense and                                                    
30 commission of the present offense unless the prior conviction was for an                                            
31            unclassified or class A felony;                                                                          
01 (B)  a conviction in this or another jurisdiction of an offense                                                     
02 having elements similar to those of a felony or misdemeanor defined as                                              
03 such under Alaska law at the time the offense was committed is considered                                           
04            a prior conviction;                                                                                      
05 (C)  two or more convictions arising out of a single,                                                               
06 continuous criminal episode during which there was no substantial change                                            
07 in the nature of the criminal objective are considered a single conviction                                          
08 unless the defendant was sentenced to consecutive sentences for the                                                 
09 crimes; offenses committed while attempting to escape or avoid detection                                            
10 or apprehension after the commission of another offense are not part of                                             
11            the same criminal episode or objective.                                                                  
12    * Sec. 23. AS 12.63.100(6) is amended to read:                                                                     
13                 (6)  "sex offense" means                                                                                
14 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
15 another jurisdiction, in which the person committed or attempted to commit a                                            
16 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
17 this subparagraph, "sexual offense" has the meaning given in                                                            
18            AS 11.41.100(a)(3);                                                                                          
19 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
20 another jurisdiction, in which the person committed or attempted to commit                                              
21            one of the following crimes, or a similar law of another jurisdiction:                                       
22                           (i)  sexual assault in the first degree;                                                      
23                           (ii)  sexual assault in the second degree;                                                    
24                           (iii)  sexual abuse of a minor in the first degree; or                                        
25                           (iv)  sexual abuse of a minor in the second degree; or                                        
26 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
27            a crime, under the following statutes or a similar law of another jurisdiction:                              
28                           (i)  AS 11.41.410 - 11.41.438;                                                                
29                           (ii)  AS 11.41.440(a)(2);                                                                     
30                           (iii)  AS 11.41.450 - 11.41.458;                                                              
31 (iv)  AS 11.41.460 if the indecent exposure is before a                                                                 
01                 person under 16 years of age and the offender has a previous conviction                                 
02                 for that offense;                                                                                       
03                           (v)  AS 11.61.125 - 11.61.128;                                                                
04                           (vi)     AS 11.66.110 or 11.66.130(a)(2)(B)                                               
05                 [11.66.130(a)(2)] if the person who was induced or caused to engage in                                  
06                 prostitution was under 20 years of age at the time of the offense;                                      
07                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
08                 with the intent to commit rape under former AS 11.15.160, former                                        
09                 AS 11.40.110, or former 11.40.200;                                                                      
10 (viii)  AS 11.61.118(a)(2) if the offender has a previous                                                               
11                 conviction for that offense; or                                                                         
12 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
13                 punishment under AS 11.66.100(e);                                                                     
14    * Sec. 24. AS 18.67.101 is amended to read:                                                                        
15 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The                                             
16 board may order the payment of compensation in accordance with the provisions of                                        
17       this chapter for personal injury or death that resulted from                                                      
18 (1)  an attempt on the part of the applicant to prevent the commission of                                               
19 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police                                    
20       officer to do so, or aiding a victim of crime; or                                                                 
21 (2)  the commission or attempt on the part of one other than the                                                        
22       applicant to commit any of the following offenses:                                                                
23                      (A)  murder in any degree;                                                                         
24                      (B)  manslaughter;                                                                                 
25                      (C)  criminally negligent homicide;                                                                
26                      (D)  assault in any degree;                                                                        
27                      (E)  kidnapping;                                                                                   
28                      (F)  sexual assault in any degree;                                                                 
29                      (G)  sexual abuse of a minor;                                                                      
30                      (H)  robbery in any degree;                                                                        
31                      (I)  threats to do bodily harm;                                                                    
01 (J)  driving while under the influence of an alcoholic beverage,                                                        
02 inhalant, or controlled substance or another crime resulting from the operation                                         
03 of a motor vehicle, boat, or airplane when the offender is under the influence                                          
04            of an alcoholic beverage, inhalant, or controlled substance;                                                 
05                      (K)  arson in the first degree;                                                                    
06                      (L)  sex trafficking in violation of AS 11.66.110 or                                               
07            11.66.130(a)(2)(B) [11.66.130(a)(2)];                                                                    
08                      (M)  human trafficking in any degree; or                                                           
09                      (N)  unlawful exploitation of a minor.                                                             
10    * Sec. 25. AS 28.15.011 is amended by adding a new subsection to read:                                             
11            (d)  Violation of (b) of this section is an infraction.                                                      
12    * Sec. 26. AS 33.07.010, enacted by sec. 117, ch. 36, SLA 2016, is amended to read:                                
13 Sec. 33.07.010. Pretrial services program; establishment. The commissioner                                            
14 shall establish and administer a pretrial services program that provides a pretrial risk                                
15 assessment for all defendants detained in custody in a correctional facility                                        
16 following arrest and for any defendant for whom the prosecution requests to                                         
17 have a pretrial risk assessment at the next hearing or arraignment. The pretrial                                    
18 services program shall make [,] recommendations to the court concerning pretrial                                    
19 release decisions, and provide supervision of defendants released while awaiting trial                              
20       as ordered by the court.                                                                                          
21    * Sec. 27. AS 33.16.010(c) is amended to read:                                                                     
22 (c)  A prisoner who is not eligible for special medical [, ADMINISTRATIVE,]                                             
23 or discretionary parole, or who is not released on special medical [,                                                   
24 ADMINISTRATIVE,] or discretionary parole, shall be released on mandatory parole                                         
25 for the term of good time deductions credited under AS 33.20, if the term or terms of                                   
26       imprisonment are two years or more.                                                                               
27    * Sec. 28. AS 33.16.010(d) is amended to read:                                                                     
28 (d)  A prisoner released on special medical, [ADMINISTRATIVE,]                                                          
29 discretionary, or mandatory parole is subject to the conditions of parole imposed under                                 
30       AS 33.16.150. Parole may be revoked under AS 33.16.220.                                                           
31    * Sec. 29. AS 33.16.060(a) is amended to read:                                                                     
01            (a)  The board shall                                                                                         
02                 (1)  serve as the parole authority for the state;                                                       
03                 (2)  consider the suitability for parole of a prisoner who is eligible for                              
04       discretionary parole at least 90 days before the prisoner's first date of eligibility and                         
05       upon receipt of the prisoner's application for special medical parole;                                            
06                 (3)  impose parole conditions on all prisoners released under special                                   
07       medical, [ADMINISTRATIVE,] discretionary, or mandatory parole;                                                    
08                 (4)  under AS 33.16.210, discharge a person from parole when custody                                    
09       is no longer required;                                                                                            
10                 (5)  maintain records of the meetings and proceedings of the board;                                     
11 (6)  recommend to the governor and the legislature changes in the law                                                   
12       administered by the board;                                                                                        
13 (7)  recommend to the governor or the commissioner changes in the                                                       
14 practices of the department and of other departments of the executive branch                                            
15       necessary to facilitate the purposes and practices of parole;                                                     
16 (8)  upon request of the governor, review and recommend applicants                                                      
17       for executive clemency; and                                                                                       
18                 (9)  execute other responsibilities prescribed by law.                                                  
19    * Sec. 30. AS 33.16.090(a) is amended to read:                                                                     
20 (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                             
21 days [AND WHO HAS NOT BEEN RELEASED ON ADMINISTRATIVE PAROLE                                                            
22 AS PROVIDED IN AS 33.16.089] may, in the discretion of the board, be released on                                        
23       discretionary parole if the prisoner                                                                              
24 (1)  has served the amount of time specified under (b) of this section,                                                 
25       except that                                                                                                       
26 (A)  a prisoner sentenced to one or more mandatory 99-year                                                              
27 terms under AS 12.55.125(a) or one or more definite terms under                                                         
28            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
29 (B)  a prisoner is not eligible for consideration of discretionary                                                      
30            parole if made ineligible by order of a court under AS 12.55.115;                                            
31 (C)  a prisoner imprisoned under AS 12.55.086 is not eligible                                                           
01            for discretionary parole unless the actual term of imprisonment is more than                                 
02            one year; or                                                                                                 
03                 (2)  is at least 60 years of age, has served at least 10 years of a sentence                            
04       for one or more crimes in a single judgment, and has not been convicted of an                                     
05       unclassified felony or a sexual felony as defined in AS 12.55.185.                                                
06    * Sec. 31. AS 33.16.100(f) is amended to read:                                                                     
07 (f)  The board shall authorize the release of a prisoner who has been convicted                                         
08 of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole                                  
09 under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created                                     
10 under AS 33.30.011(8), and has agreed to and signed the condition of parole under                                   
11 AS 33.16.150, [AND HAS NOT BEEN RELEASED ON ADMINISTRATIVE                                                              
12 PAROLE UNDER AS 33.16.089,] unless the board finds by clear and convincing                                              
13 evidence on the record that the prisoner poses a threat of harm to the public if released                               
14 on parole. If the board finds that the incomplete case plan is not the fault of the                                     
15 prisoner or that the prisoner would not pose a threat of harm to the public if released                                 
16       on parole, the board may waive the case plan requirement.                                                         
17    * Sec. 32. 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. 33. AS 33.16.130(a) is amended to read:                                                                     
25 (a)  The parole board shall hold a hearing before granting an eligible prisoner                                         
26 special medical or discretionary parole. [THE BOARD SHALL ALSO HOLD A                                                   
27 HEARING IF REQUESTED BY A VICTIM UNDER PROCEDURES                                                                       
28 ESTABLISHED FOR THE REQUEST FOR A PRISONER ELIGIBLE FOR                                                                 
29 ADMINISTRATIVE PAROLE.] A hearing shall be conducted within the following                                               
30       time frames:                                                                                                      
31 (1)  for prisoners eligible under AS 33.16.100(a) or (f), not less than 90                                              
01       days before the first parole eligibility date [, UNLESS THE PRISONER IS ELIGIBLE                                  
02       FOR ADMINISTRATIVE PAROLE];                                                                                       
03                 (2)  for all other prisoners, not less than 30 days after the board is                                  
04       notified of the need for a hearing by the commissioner or the commissioner's designee.                            
05    * Sec. 34. AS 33.16.130(c) is amended to read:                                                                     
06 (c)  If the board denies parole, the board shall state the reasons for the denial,                                      
07 identify all of the factors considered relevant to the denial, and provide a written plan                               
08 for addressing all of the factors relevant to the denial. The board may schedule a                                      
09       subsequent parole hearing at the time of the denial or at a later date [AS FOLLOWS:                               
10 (1)  FOR THE FIRST PAROLE DENIAL, WITHIN TWO YEARS                                                                      
11       AFTER THE FIRST PAROLE ELIGIBILITY DATE;                                                                          
12 (2)  FOR THE SECOND AND SUBSEQUENT DENIALS, WITHIN                                                                      
13       TWO YEARS AFTER THE MOST RECENT PAROLE HEARING].                                                                  
14    * Sec. 35. AS 33.16.140 is amended to read:                                                                        
15 Sec. 33.16.140. Order for parole. An order for parole issued by the board,                                            
16 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole                                    
17 custody ends, shall be furnished to each prisoner released on special medical,                                          
18       [ADMINISTRATIVE,] discretionary, or mandatory parole.                                                             
19    * Sec. 36. AS 33.16.150(a) is amended to read:                                                                     
20 (a)  As a condition of parole, a prisoner released on special medical,                                                  
21       [ADMINISTRATIVE,] discretionary, or mandatory parole                                                              
22 (1)  shall obey all state, federal, or local laws or ordinances, and any                                                
23       court orders applicable to the parolee;                                                                           
24 (2)  shall make diligent efforts to maintain steady employment or meet                                                  
25       family obligations;                                                                                               
26 (3)  shall, if involved in education, counseling, training, or treatment,                                               
27 continue in the program unless granted permission from the parole officer assigned to                                   
28       the parolee to discontinue the program;                                                                           
29                 (4)  shall report                                                                                       
30                      (A)  upon release to the parole officer assigned to the parolee;                                   
31 (B)  at other times, and in the manner, prescribed by the board                                                         
01            or the parole officer assigned to the parolee that accommodate the diligent                                  
02            efforts of the parolee to secure and maintain steady employment or to                                        
03            participate in educational courses or training programs;                                                     
04                 (5)  shall reside at a stated place and not change that residence without                               
05       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
06                 (6)  shall remain within stated geographic limits unless written                                        
07       permission to depart from the stated limits is granted the parolee;                                               
08                 (7)  may not use, possess, handle, purchase, give, distribute, or                                       
09       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
10 drug for which a prescription is required under state or federal law without a                                          
11       prescription from a licensed medical professional to the parolee;                                                 
12 (8)  may not possess or control a firearm; in this paragraph, "firearm"                                                 
13       has the meaning given in AS 11.81.900;                                                                            
14 (9)  may not enter into an agreement or other arrangement with a law                                                    
15 enforcement agency or officer that will place the parolee in the position of violating a                                
16       law or parole condition without the prior approval of the board;                                                  
17 (10)  may not contact or correspond with anyone confined in a                                                           
18 correctional facility of any type serving any term of imprisonment or a felon without                                   
19       the permission of the parole officer assigned to a parolee;                                                       
20 (11)  shall agree to waive extradition from any state or territory of the                                               
21       United States and to not contest efforts to return the parolee to the state;                                      
22 (12)  shall provide a blood sample, an oral sample, or both, when                                                       
23 requested by a health care professional acting on behalf of the state to provide the                                    
24 sample or samples, or an oral sample when requested by a juvenile or adult                                              
25 correctional, probation, or parole officer, or a peace officer, if the prisoner is being                                
26 released after a conviction of an offense requiring the state to collect the sample or                                  
27 samples for the deoxyribonucleic acid identification registration, per state editorial                                  
28       review of AS 33 system under AS 41.41.035;                                                                        
29 (13)  from a conviction for a sex offense shall submit to regular                                                       
30 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning                                       
31       given in AS 12.63.100.                                                                                            
01    * Sec. 37. AS 33.16.150(b) is amended to read:                                                                     
02 (b)  The board may require as a condition of special medical,                                                           
03 [ADMINISTRATIVE,] discretionary, or mandatory parole, or a member of the board                                          
04 acting for the board under (e) of this section may require as a condition of                                            
05       [ADMINISTRATIVE OR] mandatory parole, that a prisoner released on parole                                          
06 (1)  not possess or control a defensive weapon, a deadly weapon other                                                   
07 than an ordinary pocket knife with a blade three inches or less in length, or                                           
08 ammunition for a firearm, or reside in a residence where there is a firearm capable of                                  
09 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly                                      
10 weapon," "defensive weapon," and "firearm" have the meanings given in                                                   
11       AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200;                                      
12                 (2)  refrain from possessing or consuming alcoholic beverages;                                          
13 (3)  submit to reasonable searches and seizures by a parole officer, or a                                               
14       peace officer acting under the direction of a parole officer;                                                     
15 (4)  submit to appropriate medical, mental health, or controlled                                                        
16       substance or alcohol examination, treatment, or counseling;                                                       
17 (5)  submit to periodic examinations designed to detect the use of                                                      
18 alcohol or controlled substances; the periodic examinations may include testing under                                   
19       the program established under AS 33.16.060(c);                                                                    
20 (6)  make restitution ordered by the court according to a schedule                                                      
21       established by the board;                                                                                         
22 (7)  refrain from opening, maintaining, or using a checking account or                                                  
23       charge account;                                                                                                   
24 (8)  refrain from entering into a contract other than a prenuptial contract                                             
25       or a marriage contract;                                                                                           
26                 (9)  refrain from operating a motor vehicle;                                                            
27 (10)  refrain from entering an establishment where alcoholic beverages                                                  
28       are served, sold, or otherwise dispensed;                                                                         
29 (11)  refrain from participating in any other activity or conduct                                                       
30 reasonably related to the parolee's offense, prior record, behavior or prior behavior,                                  
31 current circumstances, or perceived risk to the community, or from associating with                                     
01 any other person that the board determines is reasonably likely to diminish the                                         
02 rehabilitative goals of parole, or that may endanger the public; in the case of special                                 
03 medical parole, for a prisoner diagnosed with a communicable disease, comply with                                       
04       conditions set by the board designed to prevent the transmission of the disease;                                  
05                 (12)  refrain from traveling in the state to make diligent efforts to                                   
06       secure or maintain steady employment or to participate in educational courses or                                  
07       training programs only if the travel violates other conditions of parole.                                         
08    * Sec. 38. AS 33.16.150(e) is amended to read:                                                                     
09            (e)  The board may designate a member of the board to act on behalf of the                                   
10 board in imposing conditions of [ADMINISTRATIVE OR] mandatory parole under                                              
11 (a) and (b) of this section, in delegating imposition of conditions of                                                  
12 [ADMINISTRATIVE OR] mandatory parole under (c) of this section, and in setting                                          
13 the period of compliance with the conditions of [ADMINISTRATIVE OR] mandatory                                           
14 parole under (d) of this section. The decision of a member of the board under this                                      
15 section is the decision of the board. A prisoner or parolee aggrieved by a decision of a                                
16 member of the board acting for the board under this subsection may apply to the board                                   
17 under AS 33.16.160 for a change in the conditions of [ADMINISTRATIVE OR]                                                
18       mandatory parole.                                                                                                 
19    * Sec. 39. AS 33.16.150(f) is amended to read:                                                                     
20 (f)  In addition to other conditions of parole imposed under this section, the                                          
21 board may impose as a condition of special medical, [ADMINISTRATIVE,]                                                   
22 discretionary, or mandatory parole for a prisoner serving a term for a crime involving                                  
23 domestic violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) -                                  
24 (7); (2) a requirement that, at the prisoner's expense, the prisoner participate in and                                 
25 complete, to the satisfaction of the board, a program for the rehabilitation of                                         
26 perpetrators of domestic violence that meets the standards set by, and that is approved                                 
27 by, the department under AS 44.28.020(b); and (3) any other condition necessary to                                      
28 rehabilitate the prisoner. The board shall establish procedures for the exchange of                                     
29 information concerning the parolee with the victim and for responding to reports of                                     
30 nonattendance or noncompliance by the parolee with conditions imposed under this                                        
31 subsection. The board may not under this subsection require a prisoner to participate                                   
01 in and complete a program for the rehabilitation of perpetrators of domestic violence                                   
02 unless the program meets the standards set by, and is approved by, the department                                       
03       under AS 44.28.020(b).                                                                                            
04    * Sec. 40. AS 33.16.150(g) is amended to read:                                                                     
05 (g)  In addition to other conditions of parole imposed under this section for a                                         
06 prisoner serving a sentence for an offense where the aggravating factor provided in                                     
07 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a                                            
08 condition of special medical, [ADMINISTRATIVE,] discretionary, and mandatory                                            
09 parole a requirement that the prisoner submit to electronic monitoring. Electronic                                      
10 monitoring under this subsection must comply with AS 33.30.011(10) and provide for                                      
11 monitoring of the prisoner's location and movements by Global Positioning System                                        
12 technology. The board shall require a prisoner serving a period of parole with                                          
13 electronic monitoring as provided under this subsection to pay all or a portion of the                                  
14 costs of the electronic monitoring, but only if the prisoner has sufficient financial                                   
15 resources to pay the costs or a portion of the costs. A prisoner subject to electronic                                  
16 monitoring under this subsection is not entitled to a credit for time served in a                                       
17 correctional facility while the defendant is on parole. In this subsection, "correctional                               
18       facility" has the meaning given in AS 33.30.901.                                                                  
19    * Sec. 41. AS 33.16.150(h) is amended to read:                                                                     
20 (h)  In addition to other conditions of parole imposed under this section, for a                                        
21 prisoner serving a sentence for an offense involving the use of alcohol or controlled                                   
22 substances, the board may impose, as a condition of special medical,                                                    
23 [ADMINISTRATIVE,] discretionary, or mandatory parole, a requirement that the                                            
24 prisoner comply with a program established under AS 33.16.060(c) or AS 47.38.020.                                       
25 The board may require a prisoner serving a period of parole and complying with a                                        
26 program established under AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of                                    
27       the costs associated with the program.                                                                            
28    * Sec. 42. AS 33.16.180 is amended to read:                                                                        
29            Sec. 33.16.180. Duties of the commissioner. The commissioner shall                                         
30 (1)  conduct investigations of prisoners eligible for                                                                   
31 [ADMINISTRATIVE OR] discretionary parole, as requested by the board and as                                              
01       provided in this section;                                                                                         
02                 (2)  supervise the conduct of parolees;                                                                 
03                 (3)  appoint and assign parole officers and personnel;                                                  
04 (4)  [PROVIDE THE BOARD, WITHIN 30 DAYS AFTER                                                                           
05 SENTENCING, INFORMATION ON A SENTENCED PRISONER WHO MAY BE                                                              
06 ELIGIBLE FOR ADMINISTRATIVE PAROLE UNDER AS 33.16.089 OR                                                                
07       DISCRETIONARY PAROLE UNDER AS 33.16.090;                                                                          
08                 (5)]  notify the board and provide information on a prisoner 120 days                                   
09       before the prisoner's mandatory release date, if the prisoner is to be released on                                
10       mandatory parole;                                                                                                 
11 (5) [(6)]  maintain records, files, and accounts as requested by the                                                
12       board;                                                                                                            
13                 (6) [(7)]  prepare preparole reports under AS 33.16.110(a);                                         
14 (7) [(8)]  notify the board in writing of a prisoner's compliance or                                                
15 noncompliance with the prisoner's case plan created under AS 33.30.011(8) not less                                      
16 than 30 days before the prisoner's next parole eligibility date or the prisoner's parole                                
17       hearing date, whichever is earlier;                                                                               
18 (8) [(9)]  establish an administrative sanction and incentive program to                                            
19 facilitate a swift and certain response to a parolee's compliance with or violation of the                              
20 conditions of parole and shall adopt regulations to implement the program; at a                                         
21       minimum, the regulations must include                                                                             
22 (A)  a decision-making process to guide parole officers in                                                              
23 determining the suitable response to positive and negative offender behavior                                            
24 that includes a list of sanctions for the most common types of negative                                                 
25 behavior, including technical violations of conditions of parole, and a list of                                         
26 incentives for compliance with conditions and positive behavior that exceeds                                            
27            those conditions;                                                                                            
28                      (B)  policies and procedures that ensure                                                           
29 (i)  a process for responding to negative behavior that                                                                 
30                 includes a review of previous violations and sanctions;                                                 
31 (ii)  that enhanced sanctions for certain negative conduct                                                              
01                 are approved by the commissioner or the commissioner's designee; and                                    
02 (iii)  that appropriate due process protections are                                                                     
03 included in the process, including notice of negative behavior, an                                                      
04 opportunity to dispute the accusation and the sanction, and an                                                          
05                 opportunity to request a review of the accusation and the sanction; and                                 
06 (9) [(10)]  within 30 days after sentencing of an offender, provide the                                             
07 victim of a crime information on the earliest dates the offender could be released on                                   
08 furlough, probation, or parole, including deductions or reductions for good time or                                     
09 other good conduct incentives, and the process for release, including contact                                           
10       information for the decision-making bodies.                                                                       
11    * Sec. 43. AS 33.16.200 is amended to read:                                                                        
12 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the                                           
13 board retains custody of special medical, [ADMINISTRATIVE,] discretionary, and                                          
14 mandatory parolees until the expiration of the maximum term or terms of                                                 
15       imprisonment to which the parolee is sentenced.                                                                   
16    * Sec. 44. AS 33.30.061 is amended by adding a new subsection to read:                                             
17 (d)  A prisoner serving a term of imprisonment at a private residence as                                                
18 required by statute when electronic monitoring is not available does not have a liberty                                 
19 interest in that status. The commissioner may return the prisoner to a correctional                                     
20 facility if the commissioner finds that the prisoner has violated the terms and                                         
21       conditions of the imprisonment at the private residence.                                                          
22    * Sec. 45. AS 34.03.360(10) is amended to read:                                                                    
23 (10)  "illegal activity involving a place of prostitution" means a                                                      
24 violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D) [11.66.130(a)(1) OR                                    
25       (4)];                                                                                                             
26    * Sec. 46. AS 44.19.645(g) is amended to read:                                                                     
27 (g)  The Department of Corrections shall report quarterly to the working group                                          
28       authorized in (b)(3) of this section. The report shall include the following information:                         
29 (1)  data on pretrial decision making and outcomes, including                                                           
30 information on pretrial detainees admitted for a new criminal charge; detainees                                         
31 released at any point before case resolution; time spent detained before first release or                               
01 case resolution; pretrial defendant risk level and charge; pretrial release                                             
02 recommendations made by pretrial services officers; pretrial conditions imposed on                                      
03 pretrial detainees by judicial officers, including amount of bail, and supervision                                      
04 conditions; and information on pretrial outcomes, including whether or not the                                          
05       defendant appeared in court or was re-arrested during the pretrial period;                                        
06 (2)  data on offenders admitted to the Department of Corrections for a                                                  
07 new criminal conviction, including the offense type, number of prior felony                                             
08       convictions, sentence length, and length of stay;                                                                 
09 (3)  data on the population of the Department of Corrections, using a                                                   
10 one-day snapshot on the first day of the first month of each quarter, broken down by                                    
11       type of admission, offense type, and risk level;                                                                  
12 (4)  data on offenders on probation supervised by the Department of                                                     
13 Corrections, including the total number of offenders supervised using a one-day                                         
14 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
15 program under AS 33.05.020(f); probation sentence length; time served on the                                            
16 sentence; whether probation was successfully completed, any new convictions for a                                       
17       felony offense, and any sentences to a term of imprisonment while on probation;                                   
18 (5)  data on parole, including the number of offenders supervised on                                                    
19 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
20 parole hearings; the parole grant rate and number of parolees released on                                               
21 [ADMINISTRATIVE,] discretionary [,] and special medical parole; and information                                         
22 on parolees, including time spent on parole, whether parole was successfully                                            
23 completed, any new convictions for a new felony offense, and any sentences to a term                                    
24       of imprisonment while on parole;                                                                                  
25 (6)  data on the implementation of policies from the 2015 justice                                                       
26 reinvestment report, including the number and percentage of offenders who earn                                          
27 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                         
28 and the total amount of credits earned; the average number of sanctions issued under                                    
29 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                                  
30       common violations of probation or parole; and                                                                     
31 (7)  data on probation and parole revocations, including information on                                                 
01 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
02 resolution; probationers and parolees admitted solely for a technical violation;                                        
03 probationers and parolees admitted for a new arrest; the number of previous                                             
04 revocations on the current sentence, if any; the length of time held pre-case resolution;                               
05       the length of time to case resolution; and the length of stay.                                                    
06    * Sec. 47. AS 47.37.040 is amended to read:                                                                        
07            Sec. 47.37.040. Duties of department. The department shall                                                 
08                 (1)  develop, encourage, and foster statewide, regional, and local plans                                
09       and programs for the prevention of alcoholism and drug abuse and treatment of                                     
10 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with                                 
11 public and private agencies, organizations, and individuals, and provide technical                                      
12       assistance and consultation services for these purposes;                                                          
13 (2)  coordinate the efforts and enlist the assistance of all public and                                                 
14 private agencies, organizations, and individuals interested in prevention of alcoholism,                                
15 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug                                  
16       abusers, and inhalant abusers;                                                                                    
17 (3)  cooperate with the Department of Corrections in establishing and                                                   
18 conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                      
19       abusers, and inhalant abusers in or on parole from penal institutions;                                            
20 (4)  cooperate with the Department of Education and Early                                                               
21 Development, school boards, schools, police departments, courts, and other public and                                   
22 private agencies, organizations, and individuals in establishing programs for the                                       
23 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics,                                  
24 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum                                       
25       materials for use at all levels of school education;                                                              
26 (5)  prepare, publish, evaluate, and disseminate educational material                                                   
27 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous                                   
28       volatile substances;                                                                                              
29 (6)  develop and implement, as an integral part of treatment programs,                                                  
30 an educational program for use in the treatment of alcoholics, intoxicated persons,                                     
31 drug abusers, and inhalant abusers that includes the dissemination of information                                       
01 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances;                                 
02 (7)  organize and foster training programs for all persons engaged in                                                   
03 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and                                   
04 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant                                  
05       abuse workers;                                                                                                    
06 (8)  sponsor and encourage research into the causes and nature of                                                       
07 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,                                            
08 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse                                   
09       for information relating to alcoholism, drug abuse, and inhalant abuse;                                           
10 (9)  specify uniform methods for keeping statistical information by                                                     
11 public and private agencies, organizations, and individuals, and collect and make                                       
12 available relevant statistical information, including number of persons treated,                                        
13       frequency of admission and readmission, and frequency and duration of treatment;                                  
14 (10)  conduct program planning activities approved by the Advisory                                                      
15       Board on Alcoholism and Drug Abuse;                                                                               
16 (11)  review all state health, welfare, and treatment plans to be                                                       
17 submitted for federal funding, and advise the commissioner on provisions to be                                          
18 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant                                        
19       abusers;                                                                                                          
20 (12)  assist in the development of, and cooperate with, alcohol, drug                                                   
21 abuse, and inhalant abuse education and treatment programs for employees of state                                       
22       and local governments and businesses and industries in the state;                                                 
23 (13)  use the support and assistance of interested persons in the                                                       
24 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to                                    
25 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo                                         
26       treatment;                                                                                                        
27 (14)  cooperate with the Department of Public Safety and the                                                            
28 Department of Transportation and Public Facilities in establishing and conducting                                       
29 programs designed to deal with the problem of persons operating motor vehicles while                                    
30 under the influence of an alcoholic beverage, inhalant, or controlled substance, and                                    
31 develop and approve alcohol information courses required to be taken by drivers under                                   
01       AS 28.15 or made available to drivers to reduce points assessed for violation of traffic                          
02       laws;                                                                                                             
03                 (15)  encourage hospitals and other appropriate health facilities to                                    
04       admit without discrimination alcoholics, intoxicated persons, drug abusers, and                                   
05       inhalant abusers and to provide them with adequate and appropriate treatment;                                     
06                 (16)  encourage all health insurance programs to include alcoholism                                     
07       and drug abuse as a covered illness;                                                                              
08                 (17)  prepare an annual report covering the activities of the department                                
09       and notify the legislature that the report is available;                                                          
10 (18)  develop and implement a training program on alcoholism and                                                        
11 drug abuse for employees of state and municipal governments, and private institutions;                                  
12 (19)  develop curriculum materials on drug and alcohol abuse and the                                                    
13 misuse of hazardous volatile substances for use in grades kindergarten through 12, as                                   
14 well as a course of instruction for teachers to be charged with presenting the                                          
15       curriculum;                                                                                                       
16 (20)  develop and implement or designate, in cooperation with other                                                     
17 state or local agencies, a juvenile alcohol safety action program that provides alcohol                                 
18 and substance abuse screening, referral, and monitoring of persons under 18 years of                                    
19       age who have been referred to it by                                                                               
20 (A)  a court in connection with a charge or conviction of a                                                             
21 violation or misdemeanor related to the use of alcohol or a controlled                                                  
22            substance;                                                                                                   
23 (B)  the agency responsible for the administration of motor                                                             
24 vehicle laws in connection with a license action related to the use of alcohol or                                       
25            a controlled substance; or                                                                                   
26 (C)  department staff after a delinquency adjudication that is                                                          
27            related to the use of alcohol or a controlled substance;                                                     
28 (21)  develop and implement, or designate, in cooperation with other                                                    
29 state or local agencies, an alcohol safety action program that provides alcohol and                                 
30 substance abuse screening, referral, and monitoring services to persons who have                                    
31 been referred by a court in connection with a charge or conviction of a                                             
01 misdemeanor involving the use of alcohol or a controlled substance [UNDER                                           
02 AS 04.16.049, 04.16.050, AS 28.35.028, 28.35.030, OR 28.35.032,] or referred by an                                      
03 agency of the state with the responsibility for administering motor vehicle laws in                                     
04 connection with a driver's license action involving the use of alcohol or a controlled                                  
05       substance;                                                                                                        
06 (22)  whenever possible, apply evidence-based, research-based, and                                                      
07 consensus-based substance abuse and co-occurring substance abuse and mental health                                      
08 disorders treatment practices and remove barriers that prevent the use of those                                         
09       practices;                                                                                                        
10 (23)  collaborate with first responders, hospitals, schools, primary care                                               
11 providers, developmental disability treatment providers, law enforcement, corrections,                                  
12 attorneys, the Alaska Court System, community behavioral treatment providers,                                           
13 Alaska Native organizations, and federally funded programs in implementing                                              
14       programs for co-occurring substance abuse and mental health disorders treatment.                                  
15    * Sec. 48. AS 11.66.130(b), 11.66.135(b); AS 12.55.125(e)(4)(B), 12.55.125(e)(4)(C),                               
16 12.55.125(e)(4)(D); AS 33.16.010(f), 33.16.089, and 33.16.900(1) are repealed.                                          
17    * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
20 the effective date of those sections:                                                                                   
21 (1)  AS 11.46.140(a), as amended by sec. 1 of this Act;                                                                 
22 (2)  AS 11.46.220(c), as amended by sec. 2 of this Act;                                                                 
23 (3)  AS 11.56.757(a), as amended by sec. 3 of this Act;                                                                 
24 (4)  AS 11.56.757(b), as amended by sec. 4 of this Act;                                                                 
25 (5)  AS 11.66.130(a), as amended by sec. 5 of this Act;                                                                 
26 (6)  AS 11.66.135(a), as amended by sec. 6 of this Act;                                                                 
27            (7)  AS 11.66.150(4), enacted by sec. 7 of this Act;                                                         
28            (8)  AS 12.30.006(b), as amended by sec. 10 of this Act; and                                                 
29            (9)  AS 28.15.011(d), enacted by sec. 25 of this Act.                                                        
30 (b)  The following sections apply to sentences imposed on or after the effective date of                                
31 those sections for conduct occurring on or after the effective date of those sections:                                  
01            (1)  AS 12.30.011(l), enacted by sec. 11 of this Act;                                                        
02            (2)  AS 12.55.125(c), as amended by sec. 14 of this Act;                                                     
03            (3)  AS 12.55.125(e), as amended by sec. 15 of this Act;                                                     
04            (4)  AS 12.55.125(q), enacted by sec. 16 of this Act;                                                        
05 (5)  AS 12.55.135(a), as amended by sec. 17 of this Act;                                                                
06 (6)  AS 12.55.135(b), as amended by sec. 18 of this Act;                                                                
07 (7)  AS 12.55.135(l), as amended by sec. 19 of this Act;                                                                
08 (8)  AS 12.55.135(m), as amended by sec. 20 of this Act;                                                                
09            (9)  AS 12.55.135(p), as amended by sec. 21 of this Act; and                                                 
10            (10)  AS 12.55.145(a), as amended by sec. 22 of this Act.                                                    
11       (c)  AS 33.16.130(c), as amended by sec. 34 of this Act, applies to sentences imposed                             
12 on or after the effective date of sec. 34 of this Act.                                                                  
13    * Sec. 50. Sections 10, 11, and 26 of this Act take effect January 1, 2018.                                        
14    * Sec. 51. Except as provided in sec. 50 of this Act, this Act takes effect immediately under                      
15 AS 01.10.070(c).