Enrolled SB 54: 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; establishing a maximum caseload for probation and parole officers; relating to the pretrial services program; relating to the Alaska Criminal Justice Commission; relating to the Alaska Judicial Council; and providing for an effective date.
00Enrolled SB 54 01 Relating to crime and criminal law; relating to violation of condition of release; relating to sex 02 trafficking; classifying U-47700 as a schedule IA controlled substance; classifying tramadol 03 and related substances as schedule IVA controlled substances; relating to sentencing; relating 04 to imprisonment; relating to parole; relating to probation; relating to driving without a license; 05 establishing a maximum caseload for probation and parole officers; relating to the pretrial 06 services program; relating to the Alaska Criminal Justice Commission; relating to the Alaska 07 Judicial Council; and providing for an effective date. 08 _______________ 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 LEGISLATIVE INTENT. It is the intent of the legislature that the Alaska Criminal
01 Justice Commission work with the Department of Public Safety and local law enforcement 02 agencies to offer statewide informational sessions on ch. 36, SLA 2016, ch. 13, SLA 2017, 03 and this Act. The informational sessions should include information on crime trends in the 04 state, the cost of the state corrections system, recidivism rates in the state, successful criminal 05 justice reforms in other states, and the specific changes in state law made by ch. 36, SLA 06 2016, ch. 13, SLA 2017, and this Act that affect sentencing, parole, probation, and treatment. 07 * Sec. 2. AS 11.46.130(a) is amended to read: 08 (a) A person commits the crime of theft in the second degree if the person 09 commits theft as defined in AS 11.46.100 and 10 (1) the value of the property or services, adjusted for inflation as 11 provided in AS 11.46.982, is $750 [$1,000] or more but less than $25,000; 12 (2) the property is a firearm or explosive; 13 (3) the property is taken from the person of another; 14 (4) the property is taken from a vessel and is vessel safety or survival 15 equipment; 16 (5) the property is taken from an aircraft and the property is aircraft 17 safety or survival equipment; 18 (6) the value of the property, adjusted for inflation as provided in 19 AS 11.46.982, is $250 or more but less than $750 [$1,000] and, within the preceding 20 five years, the person has been convicted and sentenced on two or more separate 21 occasions in this or another jurisdiction of 22 (A) an offense under AS 11.46.120, or an offense under 23 another law or ordinance with similar elements; 24 (B) a crime set out in this subsection or an offense under 25 another law or ordinance with similar elements; 26 (C) an offense under AS 11.46.140(a)(1), or an offense under 27 another law or ordinance with similar elements; or 28 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 29 offense under another law or ordinance with similar elements; or 30 (7) the property is an access device. 31 * Sec. 3. AS 11.46.140(a) is amended to read:
01 (a) A person commits the crime of theft in the third degree if the person 02 commits theft as defined in AS 11.46.100 and 03 (1) the value of the property or services, adjusted for inflation as 04 provided in AS 11.46.982, is $250 or more but less than $750 [$1,000]; or 05 (2) [REPEALED] 06 (3) [REPEALED] 07 (4) the value of the property is less than $250 and, within the 08 preceding five years, the person has been convicted and sentenced on three or 09 more separate occasions in this or another jurisdiction of theft or concealment of 10 merchandise, or an offense under another law or ordinance with similar 11 elements. 12 * Sec. 4. AS 11.46.220(c) is amended to read: 13 (c) Concealment of merchandise is 14 (1) a class C felony if 15 (A) the merchandise is a firearm; 16 (B) the value of the merchandise, adjusted for inflation as 17 provided in AS 11.46.982, is $750 [$1,000] or more; or 18 (C) the value of the merchandise, adjusted for inflation as 19 provided in AS 11.46.982, is $250 or more but less than $750 [$1,000] and, 20 within the preceding five years, the person has been convicted and sentenced 21 on two or more separate occasions in this or another jurisdiction of 22 (i) the offense of concealment of merchandise under 23 this paragraph or (2)(A) of this subsection, or an offense under another 24 law or ordinance with similar elements; or 25 (ii) an offense under AS 11.46.120, 11.46.130, or 26 11.46.140(a)(1), or an offense under another law or ordinance with 27 similar elements; 28 (2) a class A misdemeanor if 29 (A) the value of the merchandise, adjusted for inflation as 30 provided in AS 11.46.982, is $250 or more but less than $750 [$1,000]; or 31 (B) [REPEALED]
01 (C) the value of the merchandise is less than $250 and, 02 within the preceding five years, the person has been convicted and 03 sentenced on three or more separate occasions of the offense of 04 concealment of merchandise or theft in any degree, or an offense under 05 another law or ordinance with similar elements; 06 (3) a class B misdemeanor if the value of the merchandise, adjusted for 07 inflation as provided in AS 11.46.982, is less than $250. 08 * Sec. 5. AS 11.46.260(b) is amended to read: 09 (b) Removal of identification marks is 10 (1) a class C felony if the value of the property on which the serial 11 number or identification mark appeared, adjusted for inflation as provided in 12 AS 11.46.982, is $750 [$1,000] or more; 13 (2) a class A misdemeanor if the value of the property on which the 14 serial number or identification mark appeared, adjusted for inflation as provided in 15 AS 11.46.982, is $250 or more but less than $750 [$1,000]; 16 (3) a class B misdemeanor if the value of the property on which the 17 serial number or identification mark appeared, adjusted for inflation as provided in 18 AS 11.46.982, is less than $250. 19 * Sec. 6. AS 11.46.270(b) is amended to read: 20 (b) Unlawful possession is 21 (1) a class C felony if the value of the property on which the serial 22 number or identification mark appeared, adjusted for inflation as provided in 23 AS 11.46.982, is $750 [$1,000] or more; 24 (2) a class A misdemeanor if the value of the property on which the 25 serial number or identification mark appeared, adjusted for inflation as provided in 26 AS 11.46.982, is $250 or more but less than $750 [$1,000]; 27 (3) a class B misdemeanor if the value of the property on which the 28 serial number or identification mark appeared, adjusted for inflation as provided in 29 AS 11.46.982, is less than $250. 30 * Sec. 7. AS 11.46.280(d) is amended to read: 31 (d) Issuing a bad check is
01 (1) a class B felony if the face amount of the check is $25,000 or more; 02 (2) a class C felony if the face amount of the check, adjusted for 03 inflation as provided in AS 11.46.982, is $750 [$1,000] or more but less than $25,000; 04 (3) a class A misdemeanor if the face amount of the check, adjusted for 05 inflation as provided in AS 11.46.982, is $250 or more but less than $750 [$1,000]; 06 (4) a class B misdemeanor if the face amount of the check, adjusted for 07 inflation as provided in AS 11.46.982, is less than $250. 08 * Sec. 8. AS 11.46.285(b) is amended to read: 09 (b) Fraudulent use of an access device is 10 (1) a class B felony if the value of the property or services obtained is 11 $25,000 or more; 12 (2) a class C felony if the value of the property or services obtained, 13 adjusted for inflation as provided in AS 11.46.982, is $750 [$1,000] or more but less 14 than $25,000; 15 (3) a class A misdemeanor if the value of the property or services 16 obtained, adjusted for inflation as provided in AS 11.46.982, is less than $750 17 [$1,000]. 18 * Sec. 9. AS 11.46.360(a) is amended to read: 19 (a) A person commits the crime of vehicle theft in the first degree if, having 20 no right to do so or any reasonable ground to believe the person has such a right, the 21 person drives, tows away, or takes 22 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 23 of another; 24 (2) the propelled vehicle of another and 25 (A) the vehicle or any other property of another is damaged in a 26 total amount, adjusted for inflation as provided in AS 11.46.982, of $750 27 [$1,000] or more; 28 (B) the owner incurs reasonable expenses as a result of the loss 29 of use of the vehicle, in a total amount, adjusted for inflation as provided in 30 AS 11.46.982, of $750 [$1,000] or more; or 31 (C) the owner is deprived of the use of the vehicle for seven
01 days or more; 02 (3) the propelled vehicle of another and the vehicle is marked as a 03 police or emergency vehicle; or 04 (4) the propelled vehicle of another and, within the preceding seven 05 years, the person was convicted under 06 (A) this section or AS 11.46.365; 07 (B) former AS 11.46.482(a)(4) or (5); 08 (C) former AS 11.46.484(a)(2); 09 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 10 of a propelled vehicle; or 11 (E) a law or ordinance of this or another jurisdiction with 12 elements substantially similar to those of an offense described in (A) - (D) of 13 this paragraph. 14 * Sec. 10. AS 11.46.482(a) is amended to read: 15 (a) A person commits the crime of criminal mischief in the third degree if, 16 having no right to do so or any reasonable ground to believe the person has such a 17 right, 18 (1) with intent to damage property of another, the person damages 19 property of another in an amount, adjusted for inflation as provided in AS 11.46.982, 20 of $750 [$1,000] or more; 21 (2) the person recklessly creates a risk of damage in an amount 22 exceeding $100,000 to property of another by the use of widely dangerous means; or 23 (3) the person knowingly 24 (A) defaces, damages, or desecrates a cemetery or the contents 25 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 26 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 27 memorial appears to be abandoned, lost, or neglected; 28 (B) removes human remains or associated burial artifacts from 29 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 30 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 31 * Sec. 11. AS 11.46.484(a) is amended to read:
01 (a) A person commits the crime of criminal mischief in the fourth degree if, 02 having no right to do so or any reasonable ground to believe the person has such a 03 right, 04 (1) with intent to damage property of another, the person damages 05 property of another in an amount, adjusted for inflation as provided in AS 11.46.982, 06 of $250 or more but less than $750 [$1,000]; 07 (2) the person tampers with a fire protection device in a building that is 08 a public place; 09 (3) the person knowingly accesses a computer, computer system, 10 computer program, computer network, or part of a computer system or network; 11 (4) the person uses a device to descramble an electronic signal that has 12 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 13 device is used only to descramble signals received directly from a satellite or unless 14 the person owned the device before September 18, 1984; or 15 (5) the person knowingly removes, relocates, defaces, alters, obscures, 16 shoots at, destroys, or otherwise tampers with an official traffic control device or 17 damages the work on a highway under construction. 18 * Sec. 12. AS 11.46.486(a) is amended to read: 19 (a) A person commits the crime of criminal mischief in the fifth degree if, 20 having no right to do so or any reasonable ground to believe the person has such a 21 right, 22 (1) with reckless disregard for the risk of harm to or loss of the 23 property or with intent to cause substantial inconvenience to another, the person 24 tampers with property of another; 25 (2) with intent to damage property of another, the person damages 26 property of another in an amount, adjusted for inflation as provided in AS 11.46.982, 27 less than $250; or 28 (3) the person rides in a propelled vehicle and, with criminal 29 negligence, disregards the fact that [KNOWING] it has been stolen or that it is 30 being used in violation of AS 11.46.360 or 11.46.365(a)(1). 31 * Sec. 13. AS 11.46 is amended by adding a new section to read:
01 Sec. 11.46.489. Community work upon conviction. A person convicted 02 under AS 11.46.475 - 11.46.486 of an offense involving damage to public or private 03 property shall be required to perform at least 25 hours of community work under 04 AS 12.55.055. 05 * Sec. 14. AS 11.46.530(b) is amended to read: 06 (b) Criminal simulation is 07 (1) a class C felony if the value of what the object purports to 08 represent, adjusted for inflation as provided in AS 11.46.982, is $750 [$1,000] or 09 more; 10 (2) a class A misdemeanor if the value of what the object purports to 11 represent, adjusted for inflation as provided in AS 11.46.982, is $250 or more but less 12 than $750 [$1,000]; 13 (3) a class B misdemeanor if the value of what the object purports to 14 represent, adjusted for inflation as provided in AS 11.46.982, is less than $250. 15 * Sec. 15. AS 11.46.620(d) is amended to read: 16 (d) Misapplication of property is 17 (1) a class C felony if the value of the property misapplied, adjusted 18 for inflation as provided in AS 11.46.982, is $750 [$1,000] or more; 19 (2) a class A misdemeanor if the value of the property misapplied, 20 adjusted for inflation as provided in AS 11.46.982, is less than $750 [$1,000]. 21 * Sec. 16. AS 11.46.730(c) is amended to read: 22 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 23 judgment creditor, or creditor incurs a pecuniary loss, adjusted for inflation as 24 provided in AS 11.46.982, of $750 [$1,000] or more as a result of the defendant's 25 conduct, in which case defrauding secured creditors is 26 (1) a class B felony if the loss is $25,000 or more; 27 (2) a class C felony if the loss, adjusted for inflation as provided in 28 AS 11.46.982, is $750 [$1,000] or more but less than $25,000. 29 * Sec. 17. AS 11.46.982(a) is amended to read: 30 (a) The Alaska Judicial Council shall publish a report on July 1, 2020, 31 calculating the increase in value, if any, of property or services as an element of an
01 offense in this chapter from a base value of $250 and $750 [$1,000], based on a 02 formula provided by the Department of Labor and Workforce Development, reflecting 03 the change in the Consumer Price Index for the Anchorage metropolitan area compiled 04 by the Bureau of Labor Statistics, United States Department of Labor. 05 * Sec. 18. AS 11.46.982(b) is amended to read: 06 (b) The Alaska Judicial Council shall, in calculating the price of property or 07 services as provided in this section, 08 (1) recalculate the base value of property and services of $250 and 09 $750 [$1,000] every five years; and 10 (2) report the base value of property and services of $250 and $750 11 [$1,000] rounded to the nearest $50 increment. 12 * Sec. 19. AS 11.56.757(a) is amended to read: 13 (a) A person commits the crime [OFFENSE] of violation of condition of 14 release if the person 15 (1) has been charged with a crime or convicted of a crime; 16 (2) has been released under AS 12.30; and 17 (3) violates a condition of release imposed by a judicial officer under 18 AS 12.30, other than the requirement to appear as ordered by a judicial officer. 19 * Sec. 20. AS 11.56.757(b) is amended to read: 20 (b) Violation of condition of release is a class B misdemeanor [VIOLATION 21 PUNISHABLE BY A FINE OF UP TO $1,000]. 22 * Sec. 21. AS 11.66.130(a) is amended to read: 23 (a) A person commits the crime of sex trafficking in the third degree if [, 24 WITH INTENT TO PROMOTE PROSTITUTION,] the person 25 (1) receives compensation for prostitution services rendered by 26 another; and 27 (2) with the intent to promote prostitution, 28 (A) manages, supervises, controls, or owns, either alone or in 29 association with others, a place of prostitution; 30 (B) [(2)] as other than a patron of a prostitute, induces or 31 causes another person who is 20 years of age or older to engage in prostitution;
01 (C) [(3) AS OTHER THAN A PROSTITUTE RECEIVING 02 COMPENSATION FOR PERSONALLY RENDERED PROSTITUTION 03 SERVICES,] receives or agrees to receive money or other property under an 04 agreement or understanding that the money or other property is derived from 05 prostitution; or 06 (D) [(4)] engages in conduct that institutes, aids, or facilitates a 07 prostitution enterprise. 08 * Sec. 22. AS 11.66.135(a) is amended to read: 09 (a) A person commits the crime of sex trafficking in the fourth degree if the 10 person 11 (1) receives compensation for prostitution services rendered by 12 another; and 13 (2) engages in conduct that institutes, aids, or facilitates prostitution 14 under circumstances not proscribed under AS 11.66.130(a)(2)(D) 15 [AS 11.66.130(a)(4)]. 16 * Sec. 23. AS 11.66.150 is amended by adding a new paragraph to read: 17 (4) "compensation" does not include any payment for reasonably 18 apportioned shared expenses. 19 * Sec. 24. AS 11.71.140(c) is amended to read: 20 (c) Schedule IA includes, unless specifically excepted or unless listed in 21 another schedule, any of the following opiates, including their isomers, esters, ethers, 22 salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, 23 esters, ethers, and salts is possible within the specific chemical designation, 24 dextrorphan excepted: 25 (1) acetylmethadol; 26 (2) allylprodine; 27 (3) alphacetylmethadol; 28 (4) alphameprodine; 29 (5) alphamethadol; 30 (6) alphaprodine; 31 (7) anileridine;
01 (8) benzethidine; 02 (9) betacetylmethadol; 03 (10) betameprodine; 04 (11) betamethadol; 05 (12) betaprodine; 06 (13) bezitramide; 07 (14) clonitazene; 08 (15) dextromoramide; 09 (16) diampromide; 10 (17) diethylthiambutene; 11 (18) difenoxin; 12 (19) dihydrocodeine; 13 (20) dimenoxadol; 14 (21) dimepheptanol; 15 (22) dimethylthiambutene; 16 (23) dioxaphetyl butyrate; 17 (24) diphenoxylate; 18 (25) dipipanone; 19 (26) ethylmethythiamutene; 20 (27) etonitazene; 21 (28) etoxeridine; 22 (29) fentanyl; 23 (30) furethidine; 24 (31) hydroxpethidine; 25 (32) isomethadone; 26 (33) ketobemidone; 27 (34) levomethorphan; 28 (35) levomoramide; 29 (36) levorphanol; 30 (37) levophenacylmorphan; 31 (38) meperidine, also known as pethidine;
01 (39) metazocine; 02 (40) methadone; 03 (41) methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl 04 butane; 05 (42) moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenyl- 06 propane-carboxylic acid; 07 (43) morpheridine; 08 (44) noracymethadol; 09 (45) norlevorphanol; 10 (46) normethadone; 11 (47) norpipanone; 12 (48) pethidine, also known as merperidine; 13 (49) pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; 14 (50) pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carbox- 15 ylate; 16 (51) pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4- 17 carboxylic acid; 18 (52) phenadoxone; 19 (53) phenampromide; 20 (54) phenazocine; 21 (55) phenomorphan; 22 (56) phenoperidine; 23 (57) piminodine; 24 (58) piritramide; 25 (59) propheptazine; 26 (60) properidine; 27 (61) propiram; 28 (62) racemethorphan; 29 (63) racemoramide; 30 (64) racemorphan; 31 (65) trimeperidine;
01 (66) alfentanil; 02 (67) alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)- ethyl-4- 03 piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4(N-propanilido) piperidine); 04 (68) bulk dextropropoxyphene (non-dosage form); 05 (69) carfentanil; 06 (70) sufentanil; 07 (71) tilidine; 08 (72) para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- 09 piperidinyl] propanamide); 10 (73) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- 11 phenylpropanamide); 12 (74) acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenetnyl)-4- 13 piperidinyl]-N-phenylacetamide); 14 (75) alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4- 15 piperidinyl]-N-phenylpropanamide); 16 (76) beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4- 17 piperidinyl]-N-phenylpropan amide); 18 (77) beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3- 19 methyl-4-piperidinyl]-N-phenylpropanamide); 20 (78) 3-methylthiofentanyl (N-[(3-methyl-l-(2-thienyl)ethyl-4- 21 piperidinyl]-N-phenylpropanamide); 22 (79) thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- 23 propanamide); 24 (80) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); 25 (81) PEPAP (1-(-2-pheynethyl)-4-phenyl-4-acetoxypiperidine); 26 (82) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N- 27 methylbenzamide, also known as U-47700. 28 * Sec. 25. AS 11.71.170 is amended by adding a new subsection to read: 29 (g) Schedule IVA includes, unless specifically excepted or unless listed in 30 another schedule, any material, compound, mixture, or preparation that contains any 31 quantity of the following substance or its salts calculated as the free anhydrous base or
01 alkaloid: 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, 02 optical and geometric isomers, and salts of these isomers, including tramadol. 03 * Sec. 26. AS 12.30.006(b), as amended by sec. 55, ch. 36, SLA 2016, is amended to read: 04 (b) At the first appearance before a judicial officer, a person [WHO IS 05 CHARGED WITH A FELONY, OTHER THAN A CLASS C FELONY AND THE 06 PERSON HAS BEEN ASSESSED AS LOW RISK UNDER AS 12.30.011(c)(1),] 07 may be detained up to 48 hours for the prosecuting authority to demonstrate that 08 release of the person under AS 12.30.011 would not reasonably ensure the appearance 09 of the person or will pose a danger to the victim, other persons, or the community, if 10 the person has been charged with the following crimes: 11 (1) an unclassified, class A, or class B felony; 12 (2) a class C felony 13 (A) under AS 11.41, AS 11.56.730, AS 28.35.030, or 14 28.35.032; 15 (B) that is a sex offense; in this subparagraph, "sex offense" 16 has the meaning given in AS 12.63.100; or 17 (C) that is a crime involving domestic violence; in this 18 subparagraph, "crime involving domestic violence" has the meaning given 19 in AS 18.66.990; or 20 (3) a class C felony, other than a class C felony listed in (2) of this 21 subsection, and the person has been assessed as moderate to high risk under 22 AS 12.30.011(c)(2). 23 * Sec. 27. AS 12.30.011, as repealed and reenacted by sec. 59, ch. 36, SLA 2016, is 24 amended by adding a new subsection to read: 25 (l) If the supreme court establishes a schedule of bail amounts or conditions of 26 release for misdemeanor offenses, the schedule must include a condition providing 27 that a correctional facility shall, at the time of release, conduct a chemical test of the 28 breath of a person who has been arrested and who is intoxicated and may detain the 29 person until the test result indicates that the person's breath has less than 0.08 grams of 30 alcohol for each 210 liters of breath or, with the consent of the person, release the 31 person to another person who is willing and able to provide care for the person.
01 * Sec. 28. AS 12.55.025(a) is amended to read: 02 (a) When imposing a sentence for conviction of a felony offense or a sentence 03 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a 04 regulation adopted under AS 04, or an ordinance adopted in conformity with 05 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that 06 includes the following: 07 (1) a verbatim record of the sentencing hearing and any other in-court 08 sentencing procedures; 09 (2) findings on material issues of fact and on factual questions required 10 to be determined as a prerequisite to the selection of the sentence imposed; 11 (3) a clear statement of the terms of the sentence imposed; if a term of 12 imprisonment is imposed, the statement must include 13 (A) the approximate minimum term the defendant is expected 14 to serve before being released or placed on mandatory parole if the defendant 15 is eligible for and does not forfeit good conduct deductions under 16 AS 33.20.010; and 17 (B) if applicable, the approximate minimum term of 18 imprisonment the defendant must serve before becoming eligible for release on 19 discretionary [OR ADMINISTRATIVE] parole; 20 (4) any recommendations as to the place of confinement or the manner 21 of treatment; and 22 (5) in the case of a conviction for a felony offense, information 23 assessing 24 (A) the financial, emotional, and medical effects of the offense 25 on the victim; 26 (B) the need of the victim for restitution; and 27 (C) any other information required by the court. 28 * Sec. 29. AS 12.55.027 is amended by adding a new subsection to read: 29 (h) Nothing in this section authorizes the release of a person on electronic 30 monitoring after conviction and while awaiting sentencing if the person is ineligible 31 for release under AS 12.30.040(b).
01 * Sec. 30. AS 12.55.090(g) is amended to read: 02 (g) A probation officer shall recommend to the court that probation be 03 terminated and a defendant be discharged from probation if the defendant 04 (1) has completed at least 05 (A) two years on probation if the person was convicted of a 06 class A or class B felony that is not a crime under (5) of this subsection; or 07 (B) 18 months [ONE YEAR] on probation if the person was 08 convicted of a crime that is not a crime 09 (i) under (A) of this paragraph; or 10 (ii) under (5) of this subsection; 11 (2) has completed all treatment programs required as a condition of 12 probation; 13 (3) has not been found in violation of conditions of probation by the 14 court for the period specified in (1) of this subsection; 15 (4) is currently in compliance with all conditions of probation for all of 16 the cases for which the person is on probation; and 17 (5) has not been convicted of an unclassified felony offense, a sexual 18 felony as defined in AS 12.55.185, or a crime involving domestic violence as defined 19 in AS 18.66.990. 20 * Sec. 31. AS 12.55.115 is amended to read: 21 Sec. 12.55.115. Fixing eligibility for discretionary [OR 22 ADMINISTRATIVE] parole at sentencing. The court may, as part of a sentence of 23 imprisonment, further restrict the eligibility of a prisoner for discretionary [OR 24 ADMINISTRATIVE] parole for a term greater than that required under AS 33.16.090 25 [AS 33.16.089, 33.16.090,] and 33.16.100. 26 * Sec. 32. AS 12.55.125(c) is amended to read: 27 (c) Except as provided in (i) of this section, a defendant convicted of a class A 28 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 29 and shall be sentenced to a definite term within the following presumptive ranges, 30 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (1) if the offense is a first felony conviction and does not involve
01 circumstances described in (2) of this subsection, three to six years; 02 (2) if the offense is a first felony conviction and the defendant 03 (A) possessed a firearm, used a dangerous instrument, or 04 caused serious physical injury or death during the commission of the offense, 05 five to nine years; or 06 (B) knowingly directed the conduct constituting the offense at a 07 uniformed or otherwise clearly identified peace officer, firefighter, correctional 08 employee, emergency medical technician, paramedic, ambulance attendant, or 09 other emergency responder who was engaged in the performance of official 10 duties at the time of the offense, seven [FIVE] to 11 [NINE] years; 11 (3) if the offense is a second felony conviction, eight to 12 years; 12 (4) if the offense is a third felony conviction and the defendant is not 13 subject to sentencing under (l) of this section, 13 to 20 years. 14 * Sec. 33. AS 12.55.125(e) is amended to read: 15 (e) Except as provided in (i) of this section, a defendant convicted of a class C 16 felony may be sentenced to a definite term of imprisonment of not more than five 17 years, and shall be sentenced to a definite term within the following presumptive 18 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (1) if the offense is a first felony conviction and does not involve 20 circumstances described in (4) of this subsection, [PROBATION, WITH A 21 SUSPENDED TERM OF IMPRISONMENT OF] zero to two years [18 MONTHS]; a 22 defendant sentenced under this paragraph may, if the court finds it appropriate, be 23 granted a suspended imposition of sentence under AS 12.55.085, and the court may, 24 as a condition of probation under AS 12.55.086, require the defendant to serve an 25 active term of imprisonment within the range specified in this paragraph; 26 (2) if the offense is a second felony conviction, one to four [THREE] 27 years; 28 (3) if the offense is a third felony conviction, two to five years; 29 (4) if the offense is a first felony conviction, and the defendant violated 30 [(A)] AS 08.54.720(a)(15), one to two years [; 31 (B) AS 28.35.030(n)(1)(A) OR 28.35.032(p)(1)(A), 120 DAYS
01 TO 239 DAYS; 02 (C) AS 28.35.030(n)(1)(B) OR 28.35.032(p)(1)(B), 240 DAYS 03 TO 359 DAYS; 04 (D) AS 28.35.030(n)(1)(C) OR 23.35.032(p)(1)(C), 360 DAYS 05 TO TWO YEARS]. 06 * Sec. 34. AS 12.55.125 is amended by adding a new subsection to read: 07 (q) Other than for convictions subject to a mandatory 99-year sentence, the 08 court shall impose, in addition to an active term of imprisonment imposed under (i) of 09 this section, a minimum period of (1) suspended imprisonment of five years and a 10 minimum period of probation supervision of 15 years for conviction of an unclassified 11 felony, (2) suspended imprisonment of three years and a minimum period of probation 12 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended 13 imprisonment of two years and a minimum period of probation supervision of five 14 years for conviction of a class C felony. The period of probation is in addition to any 15 sentence received under (i) of this section. 16 * Sec. 35. AS 12.55.135(a) is amended to read: 17 (a) A defendant convicted of a class A misdemeanor may be sentenced to a 18 definite term of imprisonment of not more than 19 (1) one year, if the 20 (A) conviction is for a crime with a mandatory minimum term 21 of 30 days or more of active imprisonment; 22 (B) trier of fact finds the aggravating factor that the conduct 23 constituting the offense was among the most serious conduct included in the 24 definition of the offense; 25 (C) defendant has past criminal convictions for conduct 26 violative of criminal laws, punishable as felonies or misdemeanors, similar in 27 nature to the offense for which the defendant is being sentenced; 28 (D) conviction is for an assault in the fourth degree under 29 AS 11.41.230; or 30 (E) conviction is for a violation of 31 (i) AS 11.41.427;
01 (ii) AS 11.41.440; 02 (iii) AS 11.41.460, if the indecent exposure is before a 03 person under 16 years of age; [OR] 04 (iv) AS 11.61.116(c)(2); or 05 (v) AS 11.61.118(a)(2); 06 (2) 30 days. 07 * Sec. 36. AS 12.55.135(b) is amended to read: 08 (b) A defendant convicted of a class B misdemeanor may be sentenced to a 09 definite term of imprisonment of not more than 10 (1) 10 days unless otherwise specified in the provision of law defining 11 the offense or in this section; 12 (2) 90 days if the conviction is for a violation of 13 (A) AS 11.61.116(c)(1) and the person is 21 years of age or 14 older; or 15 (B) AS 11.61.120(a)(6) and the person is 21 years of age or 16 older; or 17 (3) five days if the conviction is for a violation of AS 11.56.757. 18 * Sec. 37. AS 12.55.135(l) is amended to read: 19 (l) A court sentencing a person convicted of theft in the fourth degree under 20 AS 11.46.150, concealment of merchandise under AS 11.46.220(c)(3), removal of 21 identification marks under AS 11.46.260(b)(3), unlawful possession under 22 AS 11.46.270(b)(3), issuing a bad check under AS 11.46.280(d)(4), or criminal 23 simulation under AS 11.46.530(b)(3) may not impose 24 (1) a sentence of more than 15 [FIVE] days of active [SUSPENDED] 25 imprisonment and a term of probation of more than six months if the person has 26 previously been convicted two [OR MORE] times of an offense under AS 11.46.110 - 27 11.46.220, 11.46.260 - 11.46.290, 11.46.360, or 11.46.365, or a law or ordinance of 28 this or another jurisdiction with substantially similar elements; [OR] 29 (2) a sentence of more than 10 days of active [OR SUSPENDED] 30 imprisonment and a term of probation of more than six months if the person has 31 [NOT BEEN PREVIOUSLY CONVICTED, OR HAS] previously been convicted
01 once [,] of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 02 11.46.360, or 11.46.365, or a law or ordinance of this or another jurisdiction with 03 substantially similar elements; or 04 (3) a sentence of more than five days of active imprisonment and a 05 term of probation of more than six months if the person has not been previously 06 convicted of an offense under AS 11.46.110 - 11.46.220, 11.46.260 - 11.46.290, 07 11.46.360, or 11.46.365, or a law or ordinance of this or another jurisdiction with 08 substantially similar elements. 09 * Sec. 38. AS 12.55.145(a) is amended to read: 10 (a) For purposes of considering prior convictions in imposing sentence under 11 (1) AS 12.55.125(c), (d), or (e), 12 (A) a prior conviction may not be considered if a period of 10 13 or more years has elapsed between the date of the defendant's unconditional 14 discharge on the immediately preceding offense and commission of the present 15 offense unless the prior conviction was for an unclassified or class A felony; 16 (B) a conviction in this or another jurisdiction of an offense 17 having elements similar to those of a felony defined as such under Alaska law 18 at the time the offense was committed is considered a prior felony conviction; 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 (2) AS 12.55.125(l), 27 (A) a conviction in this or another jurisdiction of an offense 28 having elements similar to those of a most serious felony is considered a prior 29 most serious felony conviction; 30 (B) commission of and conviction for offenses relied on as 31 prior most serious felony offenses must occur in the following order:
01 conviction for the first offense must occur before commission of the second 02 offense, and conviction for the second offense must occur before commission 03 of the offense for which the defendant is being sentenced; 04 (3) AS 12.55.135(g), 05 (A) a prior conviction may not be considered if a period of five 06 or more years has elapsed between the date of the defendant's unconditional 07 discharge on the immediately preceding offense and commission of the present 08 offense unless the prior conviction was for an unclassified or class A felony; 09 (B) a conviction in this or another jurisdiction of an offense 10 having elements similar to those of a crime against a person or a crime 11 involving domestic violence is considered a prior conviction; 12 (C) two or more convictions arising out of a single, continuous 13 criminal episode during which there was no substantial change in the nature of 14 the criminal objective are considered a single conviction unless the defendant 15 was sentenced to consecutive sentences for the crimes; offenses committed 16 while attempting to escape or avoid detection or apprehension after the 17 commission of another offense are not part of the same criminal episode or 18 objective; 19 (4) AS 12.55.125(i), 20 (A) a conviction in this or another jurisdiction of an offense 21 having elements similar to those of a sexual felony is a prior conviction for a 22 sexual felony; 23 (B) a felony conviction in another jurisdiction making it a 24 crime to commit any lewd and lascivious act upon a child under the age of 16 25 years, with the intent of arousing, appealing to, or gratifying the sexual desires 26 of the defendant or the victim is a prior conviction for a sexual felony; 27 (C) two or more convictions arising out of a single, continuous 28 criminal episode during which there was no substantial change in the nature of 29 the criminal objective are considered a single conviction unless the defendant 30 was sentenced to consecutive sentences for the crimes; offenses committed 31 while attempting to escape or avoid detection or apprehension after the
01 commission of another offense are not part of the same criminal episode or 02 objective; 03 (5) AS 12.55.135(a), 04 (A) a prior conviction may not be considered if a period of 05 five or more years has elapsed between the date of the defendant's 06 unconditional discharge on the immediately preceding offense and 07 commission of the present offense unless the prior conviction was for an 08 unclassified or class A felony; 09 (B) a conviction in this or another jurisdiction of an offense 10 having elements similar to those of a felony or misdemeanor defined as 11 such under Alaska law at the time the offense was committed is considered 12 a prior conviction; 13 (C) two or more convictions arising out of a single, 14 continuous criminal episode during which there was no substantial change 15 in the nature of the criminal objective are considered a single conviction 16 unless the defendant was sentenced to consecutive sentences for the 17 crimes; offenses committed while attempting to escape or avoid detection 18 or apprehension after the commission of another offense are not part of 19 the same criminal episode or objective. 20 * Sec. 39. AS 12.63.100(6) is amended to read: 21 (6) "sex offense" means 22 (A) a crime under AS 11.41.100(a)(3), or a similar law of 23 another jurisdiction, in which the person committed or attempted to commit a 24 sexual offense, or a similar offense under the laws of the other jurisdiction; in 25 this subparagraph, "sexual offense" has the meaning given in 26 AS 11.41.100(a)(3); 27 (B) a crime under AS 11.41.110(a)(3), or a similar law of 28 another jurisdiction, in which the person committed or attempted to commit 29 one of the following crimes, or a similar law of another jurisdiction: 30 (i) sexual assault in the first degree; 31 (ii) sexual assault in the second degree;
01 (iii) sexual abuse of a minor in the first degree; or 02 (iv) sexual abuse of a minor in the second degree; or 03 (C) a crime, or an attempt, solicitation, or conspiracy to commit 04 a crime, under the following statutes or a similar law of another jurisdiction: 05 (i) AS 11.41.410 - 11.41.438; 06 (ii) AS 11.41.440(a)(2); 07 (iii) AS 11.41.450 - 11.41.458; 08 (iv) AS 11.41.460 if the indecent exposure is before a 09 person under 16 years of age and the offender has a previous conviction 10 for that offense; 11 (v) AS 11.61.125 - 11.61.128; 12 (vi) AS 11.66.110 or 11.66.130(a)(2)(B) 13 [11.66.130(a)(2)] if the person who was induced or caused to engage in 14 prostitution was under 20 years of age at the time of the offense; 15 (vii) former AS 11.15.120, former 11.15.134, or assault 16 with the intent to commit rape under former AS 11.15.160, former 17 AS 11.40.110, or former 11.40.200; 18 (viii) AS 11.61.118(a)(2) if the offender has a previous 19 conviction for that offense; or 20 (ix) AS 11.66.100(a)(2) if the offender is subject to 21 punishment under AS 11.66.100(e); 22 * Sec. 40. AS 18.67.101 is amended to read: 23 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 24 board may order the payment of compensation in accordance with the provisions of 25 this chapter for personal injury or death that resulted from 26 (1) an attempt on the part of the applicant to prevent the commission of 27 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 28 officer to do so, or aiding a victim of crime; or 29 (2) the commission or attempt on the part of one other than the 30 applicant to commit any of the following offenses: 31 (A) murder in any degree;
01 (B) manslaughter; 02 (C) criminally negligent homicide; 03 (D) assault in any degree; 04 (E) kidnapping; 05 (F) sexual assault in any degree; 06 (G) sexual abuse of a minor; 07 (H) robbery in any degree; 08 (I) threats to do bodily harm; 09 (J) driving while under the influence of an alcoholic beverage, 10 inhalant, or controlled substance or another crime resulting from the operation 11 of a motor vehicle, boat, or airplane when the offender is under the influence 12 of an alcoholic beverage, inhalant, or controlled substance; 13 (K) arson in the first degree; 14 (L) sex trafficking in violation of AS 11.66.110 or 15 11.66.130(a)(2)(B) [11.66.130(a)(2)]; 16 (M) human trafficking in any degree; or 17 (N) unlawful exploitation of a minor. 18 * Sec. 41. AS 22.20 is amended by adding a new section to article 4 to read: 19 Sec. 22.20.220. Prison inmate characteristics information. (a) The judicial 20 council shall design and implement a project for the purposes of studying risk factors 21 related to criminal activity, informing the legislature's policy and funding decisions 22 related to primary crime prevention, and improving primary crime prevention 23 strategies in the state. Under the project, the Department of Corrections shall transmit 24 information about offenders sentenced to serve terms of incarceration of 30 days or 25 more, and the judicial council shall analyze the information and provide to the 26 legislature the judicial council's conclusions and recommendations in the report 27 required under (b) of this section. The judicial council shall, in consultation with the 28 Justice Center at the University of Alaska, the Department of Corrections, and other 29 relevant entities or state agencies, create a list of the types of information and inmate 30 characteristics the Department of Corrections shall collect for the project and may 31 revise the list when necessary to meet project goals. The information may include data
01 relating to adverse childhood experiences, mental health and substance abuse history, 02 education, income, and employment of inmates. The Department of Corrections shall 03 adopt policies establishing procedures for collecting the information identified in the 04 list required under this subsection and providing the information to the judicial 05 council. The procedures may provide for the collection of the information as part of 06 the risk assessment program established under AS 33.30.011(a)(7). Requirements for 07 collection of information under this subsection terminate on July 1, 2024. In this 08 subsection, "primary crime prevention" means intervention programs and strategies 09 designed to reduce crime risk factors among the general population and prevent crime 10 from happening. 11 (b) The judicial council shall prepare an annual report summarizing the 12 information collected and analyzed under (a) of this section. The judicial council shall 13 (1) provide a summary in the form of tables, charts, graphs, or other 14 formats that are easily understood; 15 (2) include a review of the data and the judicial council's 16 interpretations, findings, and conclusions related to the information collected; 17 (3) describe any changes in the types of information collected during 18 the preceding fiscal year; 19 (4) make the report required under this subsection available to the 20 public; the judicial council may not publish or present individually identifiable 21 information relating to an inmate; 22 (5) include, when possible, information from the previous fiscal year, 23 comparisons to previous fiscal years, and cumulative information; 24 (6) not later than February 14 of each year, submit the report to the 25 senate secretary and the chief clerk of the house of representatives and notify the 26 legislature that the report is available; and 27 (7) present the summary and analysis to the legislature within 10 days 28 after the convening of the next regular session of the legislature following the 29 submission of the report. 30 * Sec. 42. AS 28.15.011 is amended by adding a new subsection to read: 31 (d) Violation of (b) of this section is an infraction.
01 * Sec. 43. AS 33.05.020(h) is amended to read: 02 (h) The commissioner shall establish by regulation a program allowing 03 probationers to earn credits for complying with the conditions of probation. The 04 credits earned reduce the period of probation. Nothing in this subsection prohibits the 05 department from recommending to the court the early discharge of the probationer as 06 provided in AS 33.30. At a minimum, the regulations must 07 (1) require that a probationer earn a credit of 30 days for each 30-day 08 period served in which the defendant complied with the conditions of probation; 09 (2) include policies and procedures for 10 (A) calculating and tracking credits earned by probationers; 11 (B) reducing the probationer's period of probation based on 12 credits earned by the probationer; and 13 (C) notifying a victim under AS 33.30.013; 14 (3) require that a probationer convicted of a sex offense as defined 15 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 16 complete all treatment programs required as a condition of probation before 17 discharge based on credits earned under this subsection. 18 * Sec. 44. AS 33.05.040 is amended by adding a new subsection to read: 19 (b) The caseload of a probation officer supervising probationers or the 20 combined caseload of a probation officer or parole officer supervising probationers 21 and persons on parole as provided for in (a)(5) of this section may not exceed an 22 average of 75 persons, except in temporary or extraordinary circumstances approved 23 by the commissioner. 24 * Sec. 45. AS 33.07.010, enacted by sec. 117, ch. 36, SLA 2016, is amended to read: 25 Sec. 33.07.010. Pretrial services program; establishment. The commissioner 26 shall establish and administer a pretrial services program that provides a pretrial risk 27 assessment for all defendants detained in custody in a correctional facility 28 following arrest and for any defendant for whom the prosecution requests to 29 have a pretrial risk assessment at the next hearing or arraignment. The pretrial 30 services program shall make [,] recommendations to the court concerning pretrial 31 release decisions [,] and provide supervision of defendants released while awaiting
01 trial as ordered by the court. 02 * Sec. 46. AS 33.16.010(c) is amended to read: 03 (c) A prisoner who is not eligible for special medical [, ADMINISTRATIVE,] 04 or discretionary parole, or who is not released on special medical [, 05 ADMINISTRATIVE,] or discretionary parole, shall be released on mandatory parole 06 for the term of good time deductions credited under AS 33.20, if the term or terms of 07 imprisonment are two years or more. 08 * Sec. 47. AS 33.16.010(d) is amended to read: 09 (d) A prisoner released on special medical, [ADMINISTRATIVE,] 10 discretionary, or mandatory parole is subject to the conditions of parole imposed under 11 AS 33.16.150. Parole may be revoked under AS 33.16.220. 12 * Sec. 48. AS 33.16.060(a) is amended to read: 13 (a) The board shall 14 (1) serve as the parole authority for the state; 15 (2) consider the suitability for parole of a prisoner who is eligible for 16 discretionary parole at least 90 days before the prisoner's first date of eligibility and 17 upon receipt of the prisoner's application for special medical parole; 18 (3) impose parole conditions on all prisoners released under special 19 medical, [ADMINISTRATIVE,] discretionary, or mandatory parole; 20 (4) under AS 33.16.210, discharge a person from parole when custody 21 is no longer required; 22 (5) maintain records of the meetings and proceedings of the board; 23 (6) recommend to the governor and the legislature changes in the law 24 administered by the board; 25 (7) recommend to the governor or the commissioner changes in the 26 practices of the department and of other departments of the executive branch 27 necessary to facilitate the purposes and practices of parole; 28 (8) upon request of the governor, review and recommend applicants 29 for executive clemency; and 30 (9) execute other responsibilities prescribed by law. 31 * Sec. 49. AS 33.16.090(a) is amended to read:
01 (a) A prisoner sentenced to an active term of imprisonment of at least 181 02 days [AND WHO HAS NOT BEEN RELEASED ON ADMINISTRATIVE PAROLE 03 AS PROVIDED IN AS 33.16.089] may, in the discretion of the board, be released on 04 discretionary parole if the prisoner 05 (1) has served the amount of time specified under (b) of this section, 06 except that 07 (A) a prisoner sentenced to one or more mandatory 99-year 08 terms under AS 12.55.125(a) or one or more definite terms under 09 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 10 (B) a prisoner is not eligible for consideration of discretionary 11 parole if made ineligible by order of a court under AS 12.55.115; 12 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 13 for discretionary parole unless the actual term of imprisonment is more than 14 one year; or 15 (2) is at least 60 years of age, has served at least 10 years of a sentence 16 for one or more crimes in a single judgment, and has not been convicted of an 17 unclassified felony or a sexual felony as defined in AS 12.55.185. 18 * Sec. 50. AS 33.16.100(f) is amended to read: 19 (f) The board shall authorize the release of a prisoner who has been convicted 20 of a class A, class B, or class C felony, or a misdemeanor, who is eligible for parole 21 under AS 12.55.115 and AS 33.16.090, has met the requirement of a case plan created 22 under AS 33.30.011(a)(8), and has agreed to and signed the condition of parole under 23 AS 33.16.150, [AND HAS NOT BEEN RELEASED ON ADMINISTRATIVE 24 PAROLE UNDER AS 33.16.089,] unless the board finds by clear and convincing 25 evidence on the record that the prisoner poses a threat of harm to the public if released 26 on parole. If the board finds that the incomplete case plan is not the fault of the 27 prisoner or that the prisoner would not pose a threat of harm to the public if released 28 on parole, the board may waive the case plan requirement. 29 * Sec. 51. AS 33.16.120(f) is amended to read: 30 (f) Upon request of the victim, if a prisoner is released under AS 33.16.010(c) 31 [, 33.16.089,] or 33.16.090, the board shall make every reasonable effort to notify the
01 victim before the prisoner's release date. Notification under this subsection must 02 include the expected date of the prisoner's release, the geographic area in which the 03 prisoner is required to reside, and other pertinent information concerning the prisoner's 04 conditions of parole that may affect the victim. 05 * Sec. 52. AS 33.16.130(a) is amended to read: 06 (a) The parole board shall hold a hearing before granting an eligible prisoner 07 special medical or discretionary parole. [THE BOARD SHALL ALSO HOLD A 08 HEARING IF REQUESTED BY A VICTIM UNDER PROCEDURES 09 ESTABLISHED FOR THE REQUEST FOR A PRISONER ELIGIBLE FOR 10 ADMINISTRATIVE PAROLE.] A hearing shall be conducted within the following 11 time frames: 12 (1) for prisoners eligible under AS 33.16.100(a) or (f), not less than 90 13 days before the first parole eligibility date [, UNLESS THE PRISONER IS ELIGIBLE 14 FOR ADMINISTRATIVE PAROLE]; 15 (2) for all other prisoners, not less than 30 days after the board is 16 notified of the need for a hearing by the commissioner or the commissioner's designee. 17 * Sec. 53. AS 33.16.130(c) is amended to read: 18 (c) If the board denies parole, the board shall state the reasons for the denial, 19 identify all of the factors considered relevant to the denial, and provide a written plan 20 for addressing all of the factors relevant to the denial. The board may schedule a 21 subsequent parole hearing at the time of the denial or at a later date [AS FOLLOWS: 22 (1) FOR THE FIRST PAROLE DENIAL, WITHIN TWO YEARS 23 AFTER THE FIRST PAROLE ELIGIBILITY DATE; 24 (2) FOR THE SECOND AND SUBSEQUENT DENIALS, WITHIN 25 TWO YEARS AFTER THE MOST RECENT PAROLE HEARING]. 26 * Sec. 54. AS 33.16.140 is amended to read: 27 Sec. 33.16.140. Order for parole. An order for parole issued by the board, 28 setting out the conditions imposed under AS 33.16.150(a) and (b) and the date parole 29 custody ends, shall be furnished to each prisoner released on special medical, 30 [ADMINISTRATIVE,] discretionary, or mandatory parole. 31 * Sec. 55. AS 33.16.150(a) is amended to read:
01 (a) As a condition of parole, a prisoner released on special medical, 02 [ADMINISTRATIVE,] discretionary, or mandatory parole 03 (1) shall obey all state, federal, or local laws or ordinances, and any 04 court orders applicable to the parolee; 05 (2) shall make diligent efforts to maintain steady employment or meet 06 family obligations; 07 (3) shall, if involved in education, counseling, training, or treatment, 08 continue in the program unless granted permission from the parole officer assigned to 09 the parolee to discontinue the program; 10 (4) shall report 11 (A) upon release to the parole officer assigned to the parolee; 12 (B) at other times, and in the manner, prescribed by the board 13 or the parole officer assigned to the parolee that accommodate the diligent 14 efforts of the parolee to secure and maintain steady employment or to 15 participate in educational courses or training programs; 16 (5) shall reside at a stated place and not change that residence without 17 notifying, and receiving permission from, the parole officer assigned to the parolee; 18 (6) shall remain within stated geographic limits unless written 19 permission to depart from the stated limits is granted the parolee; 20 (7) may not use, possess, handle, purchase, give, distribute, or 21 administer a controlled substance as defined in AS 11.71.900 or under federal law or a 22 drug for which a prescription is required under state or federal law without a 23 prescription from a licensed medical professional to the parolee; 24 (8) may not possess or control a firearm; in this paragraph, "firearm" 25 has the meaning given in AS 11.81.900; 26 (9) may not enter into an agreement or other arrangement with a law 27 enforcement agency or officer that will place the parolee in the position of violating a 28 law or parole condition without the prior approval of the board; 29 (10) may not contact or correspond with anyone confined in a 30 correctional facility of any type serving any term of imprisonment or a felon without 31 the permission of the parole officer assigned to a parolee;
01 (11) shall agree to waive extradition from any state or territory of the 02 United States and to not contest efforts to return the parolee to the state; 03 (12) shall provide a blood sample, an oral sample, or both, when 04 requested by a health care professional acting on behalf of the state to provide the 05 sample or samples, or an oral sample when requested by a juvenile or adult 06 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 07 released after a conviction of an offense requiring the state to collect the sample or 08 samples for the deoxyribonucleic acid identification registration, per state editorial 09 review of AS 33 system under AS 41.41.035; 10 (13) from a conviction for a sex offense shall submit to regular 11 periodic polygraph examinations; in this paragraph, "sex offense" has the meaning 12 given in AS 12.63.100. 13 * Sec. 56. AS 33.16.150(b) is amended to read: 14 (b) The board may require as a condition of special medical, 15 [ADMINISTRATIVE,] discretionary, or mandatory parole, or a member of the board 16 acting for the board under (e) of this section may require as a condition of 17 [ADMINISTRATIVE OR] mandatory parole, that a prisoner released on parole 18 (1) not possess or control a defensive weapon, a deadly weapon other 19 than an ordinary pocket knife with a blade three inches or less in length, or 20 ammunition for a firearm, or reside in a residence where there is a firearm capable of 21 being concealed on one's person or a prohibited weapon; in this paragraph, "deadly 22 weapon," "defensive weapon," and "firearm" have the meanings given in 23 AS 11.81.900, and "prohibited weapon" has the meaning given in AS 11.61.200; 24 (2) refrain from possessing or consuming alcoholic beverages; 25 (3) submit to reasonable searches and seizures by a parole officer, or a 26 peace officer acting under the direction of a parole officer; 27 (4) submit to appropriate medical, mental health, or controlled 28 substance or alcohol examination, treatment, or counseling; 29 (5) submit to periodic examinations designed to detect the use of 30 alcohol or controlled substances; the periodic examinations may include testing under 31 the program established under AS 33.16.060(c);
01 (6) make restitution ordered by the court according to a schedule 02 established by the board; 03 (7) refrain from opening, maintaining, or using a checking account or 04 charge account; 05 (8) refrain from entering into a contract other than a prenuptial contract 06 or a marriage contract; 07 (9) refrain from operating a motor vehicle; 08 (10) refrain from entering an establishment where alcoholic beverages 09 are served, sold, or otherwise dispensed; 10 (11) refrain from participating in any other activity or conduct 11 reasonably related to the parolee's offense, prior record, behavior or prior behavior, 12 current circumstances, or perceived risk to the community, or from associating with 13 any other person that the board determines is reasonably likely to diminish the 14 rehabilitative goals of parole, or that may endanger the public; in the case of special 15 medical parole, for a prisoner diagnosed with a communicable disease, comply with 16 conditions set by the board designed to prevent the transmission of the disease; 17 (12) refrain from traveling in the state to make diligent efforts to 18 secure or maintain steady employment or to participate in educational courses or 19 training programs only if the travel violates other conditions of parole. 20 * Sec. 57. AS 33.16.150(e) is amended to read: 21 (e) The board may designate a member of the board to act on behalf of the 22 board in imposing conditions of [ADMINISTRATIVE OR] mandatory parole under 23 (a) and (b) of this section, in delegating imposition of conditions of 24 [ADMINISTRATIVE OR] mandatory parole under (c) of this section, and in setting 25 the period of compliance with the conditions of [ADMINISTRATIVE OR] mandatory 26 parole under (d) of this section. The decision of a member of the board under this 27 section is the decision of the board. A prisoner or parolee aggrieved by a decision of a 28 member of the board acting for the board under this subsection may apply to the board 29 under AS 33.16.160 for a change in the conditions of [ADMINISTRATIVE OR] 30 mandatory parole. 31 * Sec. 58. AS 33.16.150(f) is amended to read:
01 (f) In addition to other conditions of parole imposed under this section, the 02 board may impose as a condition of special medical, [ADMINISTRATIVE,] 03 discretionary, or mandatory parole for a prisoner serving a term for a crime involving 04 domestic violence (1) any of the terms of protective orders under AS 18.66.100(c)(1) - 05 (7); (2) a requirement that, at the prisoner's expense, the prisoner participate in and 06 complete, to the satisfaction of the board, a program for the rehabilitation of 07 perpetrators of domestic violence that meets the standards set by, and that is approved 08 by, the department under AS 44.28.020(b); and (3) any other condition necessary to 09 rehabilitate the prisoner. The board shall establish procedures for the exchange of 10 information concerning the parolee with the victim and for responding to reports of 11 nonattendance or noncompliance by the parolee with conditions imposed under this 12 subsection. The board may not under this subsection require a prisoner to participate 13 in and complete a program for the rehabilitation of perpetrators of domestic violence 14 unless the program meets the standards set by, and is approved by, the department 15 under AS 44.28.020(b). 16 * Sec. 59. AS 33.16.150(g) is amended to read: 17 (g) In addition to other conditions of parole imposed under this section for a 18 prisoner serving a sentence for an offense where the aggravating factor provided in 19 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a 20 condition of special medical, [ADMINISTRATIVE,] discretionary, and mandatory 21 parole a requirement that the prisoner submit to electronic monitoring. Electronic 22 monitoring under this subsection must comply with AS 33.30.011(a)(10) and provide 23 for monitoring of the prisoner's location and movements by Global Positioning System 24 technology. The board shall require a prisoner serving a period of parole with 25 electronic monitoring as provided under this subsection to pay all or a portion of the 26 costs of the electronic monitoring, but only if the prisoner has sufficient financial 27 resources to pay the costs or a portion of the costs. A prisoner subject to electronic 28 monitoring under this subsection is not entitled to a credit for time served in a 29 correctional facility while the defendant is on parole. In this subsection, "correctional 30 facility" has the meaning given in AS 33.30.901. 31 * Sec. 60. AS 33.16.150(h) is amended to read:
01 (h) In addition to other conditions of parole imposed under this section, for a 02 prisoner serving a sentence for an offense involving the use of alcohol or controlled 03 substances, the board may impose, as a condition of special medical, 04 [ADMINISTRATIVE,] discretionary, or mandatory parole, a requirement that the 05 prisoner comply with a program established under AS 33.16.060(c) or AS 47.38.020. 06 The board may require a prisoner serving a period of parole and complying with a 07 program established under AS 33.16.060(c) or AS 47.38.020 to pay all or a portion of 08 the costs associated with the program. 09 * Sec. 61. AS 33.16.180 is amended to read: 10 Sec. 33.16.180. Duties of the commissioner. The commissioner shall 11 (1) conduct investigations of prisoners eligible for 12 [ADMINISTRATIVE OR] discretionary parole, as requested by the board and as 13 provided in this section; 14 (2) supervise the conduct of parolees; 15 (3) appoint and assign parole officers and personnel; 16 (4) [PROVIDE THE BOARD, WITHIN 30 DAYS AFTER 17 SENTENCING, INFORMATION ON A SENTENCED PRISONER WHO MAY BE 18 ELIGIBLE FOR ADMINISTRATIVE PAROLE UNDER AS 33.16.089 OR 19 DISCRETIONARY PAROLE UNDER AS 33.16.090; 20 (5)] notify the board and provide information on a prisoner 120 days 21 before the prisoner's mandatory release date, if the prisoner is to be released on 22 mandatory parole; 23 (5) [(6)] maintain records, files, and accounts as requested by the 24 board; 25 (6) [(7)] prepare preparole reports under AS 33.16.110(a); 26 (7) [(8)] notify the board in writing of a prisoner's compliance or 27 noncompliance with the prisoner's case plan created under AS 33.30.011(a)(8) not less 28 than 30 days before the prisoner's next parole eligibility date or the prisoner's parole 29 hearing date, whichever is earlier; 30 (8) [(9)] establish an administrative sanction and incentive program to 31 facilitate a swift and certain response to a parolee's compliance with or violation of the
01 conditions of parole and shall adopt regulations to implement the program; at a 02 minimum, the regulations must include 03 (A) a decision-making process to guide parole officers in 04 determining the suitable response to positive and negative offender behavior 05 that includes a list of sanctions for the most common types of negative 06 behavior, including technical violations of conditions of parole, and a list of 07 incentives for compliance with conditions and positive behavior that exceeds 08 those conditions; 09 (B) policies and procedures that ensure 10 (i) a process for responding to negative behavior that 11 includes a review of previous violations and sanctions; 12 (ii) that enhanced sanctions for certain negative conduct 13 are approved by the commissioner or the commissioner's designee; and 14 (iii) that appropriate due process protections are 15 included in the process, including notice of negative behavior, an 16 opportunity to dispute the accusation and the sanction, and an 17 opportunity to request a review of the accusation and the sanction; and 18 (9) [(10)] within 30 days after sentencing of an offender, provide the 19 victim of a crime information on the earliest dates the offender could be released on 20 furlough, probation, or parole, including deductions or reductions for good time or 21 other good conduct incentives, and the process for release, including contact 22 information for the decision-making bodies. 23 * Sec. 62. AS 33.16.200 is amended to read: 24 Sec. 33.16.200. Custody of parolee. Except as provided in AS 33.16.210, the 25 board retains custody of special medical, [ADMINISTRATIVE,] discretionary, and 26 mandatory parolees until the expiration of the maximum term or terms of 27 imprisonment to which the parolee is sentenced. 28 * Sec. 63. AS 33.16.270 is amended to read: 29 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish 30 by regulation a program allowing parolees to earn credits for complying with the 31 conditions of parole. The earned compliance credits reduce the period of parole.
01 Nothing in this section prohibits the department from recommending to the board the 02 early discharge of the parolee as provided in this chapter. At a minimum, the 03 regulations must 04 (1) require that a parolee earn a credit of 30 days for each 30-day 05 period served in which the parolee complied with the conditions of parole; 06 (2) include policies and procedures for 07 (A) calculating and tracking credits earned by parolees; 08 (B) reducing the parolee's period of parole based on credits 09 earned by the parolee and notifying a victim under AS 33.30.013; 10 (3) require that a parolee convicted of a sex offense as defined in 11 AS 12.63.100 or a crime involving domestic violence complete all treatment 12 programs required as a condition of parole before discharge based on credits 13 earned under this section. 14 * Sec. 64. AS 33.30.061 is amended by adding a new subsection to read: 15 (d) A prisoner serving a term of imprisonment at a private residence as 16 required by statute when electronic monitoring is not available does not have a liberty 17 interest in that status. The commissioner may return the prisoner to a correctional 18 facility if the commissioner finds that the prisoner has violated the terms and 19 conditions of the imprisonment at the private residence. 20 * Sec. 65. AS 34.03.360(10) is amended to read: 21 (10) "illegal activity involving a place of prostitution" means a 22 violation of AS 11.66.120(a)(1) or 11.66.130(a)(2)(A) or (D) [11.66.130(a)(1) OR 23 (4)]; 24 * Sec. 66. AS 44.19.642(a) is amended to read: 25 (a) The commission consists of 14 [13] members as follows: 26 (1) the chief justice of the Alaska Supreme Court or another active or 27 retired justice of the supreme court or an active or retired judge of the court of appeals 28 designated by the chief justice; 29 (2) an active or retired superior court judge designated by the chief 30 justice for a three-year term; 31 (3) an active or retired district court judge designated by the chief
01 justice for a three-year term; 02 (4) a member of the Alaska Native community designated by the 03 Alaska Native Justice Center for a three-year term; 04 (5) the attorney general or a designee of the attorney general; 05 (6) the public defender or a designee of the public defender; 06 (7) the commissioner of corrections or the commissioner's designee; 07 (8) the commissioner of public safety or the commissioner's designee; 08 (9) the chief executive officer of the Alaska Mental Health Trust 09 Authority or the chief executive officer's designee for a three-year term; 10 (10) an active duty member of a municipal law enforcement agency 11 appointed by the governor for a three-year term; 12 (11) one victims' rights advocate appointed by the governor for a three- 13 year term; 14 (12) one nonvoting member, serving ex officio, who is a member of 15 the senate appointed by the president of the senate; [AND] 16 (13) one nonvoting member, serving ex officio, who is a member of 17 the house of representatives appointed by the speaker of the house of representatives; 18 and 19 (14) one nonvoting member, serving ex officio, who is the 20 commissioner of health and social services or the commissioner's designee. 21 * Sec. 67. AS 44.19.645(g) is amended to read: 22 (g) The Department of Corrections shall report quarterly to the working group 23 authorized in (b)(3) of this section. The report shall include the following information: 24 (1) data on pretrial decision making and outcomes, including 25 information on pretrial detainees admitted for a new criminal charge; detainees 26 released at any point before case resolution; time spent detained before first release or 27 case resolution; pretrial defendant risk level and charge; pretrial release 28 recommendations made by pretrial services officers; pretrial conditions imposed on 29 pretrial detainees by judicial officers, including amount of bail, and supervision 30 conditions; and information on pretrial outcomes, including whether or not the 31 defendant appeared in court or was re-arrested during the pretrial period;
01 (2) data on offenders admitted to the Department of Corrections for a 02 new criminal conviction, including the offense type, number of prior felony 03 convictions, sentence length, and length of stay; 04 (3) data on the population of the Department of Corrections, using a 05 one-day snapshot on the first day of the first month of each quarter, broken down by 06 type of admission, offense type, and risk level; 07 (4) data on offenders on probation supervised by the Department of 08 Corrections, including the total number of offenders supervised using a one-day 09 snapshot on the first month of each quarter; admissions to probation; assignments to a 10 program under AS 33.05.020(f); probation sentence length; time served on the 11 sentence; whether probation was successfully completed, any new convictions for a 12 felony offense, and any sentences to a term of imprisonment while on probation; 13 (5) data on parole, including the number of offenders supervised on 14 parole, using a one-day snapshot on the first month of each quarter; the number of 15 parole hearings; the parole grant rate and number of parolees released on 16 [ADMINISTRATIVE,] discretionary [,] and special medical parole; and information 17 on parolees, including time spent on parole, whether parole was successfully 18 completed, any new convictions for a new felony offense, and any sentences to a term 19 of imprisonment while on parole; 20 (6) data on the implementation of policies from the 2015 justice 21 reinvestment report, including the number and percentage of offenders who earn 22 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, 23 and the total amount of credits earned; the average number of sanctions issued under 24 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most 25 common violations of probation or parole; and 26 (7) data on probation and parole revocations, including information on 27 probationers and parolees admitted for a supervision violation pre-case and post-case 28 resolution; probationers and parolees admitted solely for a technical violation; 29 probationers and parolees admitted for a new arrest; the number of previous 30 revocations on the current sentence, if any; the length of time held pre-case resolution; 31 the length of time to case resolution; and the length of stay.
01 * Sec. 68. AS 44.19.645 is amended by adding a new subsection to read: 02 (h) Beginning in the fiscal year ending June 30, 2019, the commission shall 03 design and implement a project for the purposes of studying risk factors related to 04 criminal activity, informing the legislature's policy and funding decisions related to 05 primary crime prevention, and improving primary crime prevention strategies in the 06 state. Under the project, the Department of Corrections shall transmit information 07 about offenders sentenced to serve terms of incarceration of 30 days or more to the 08 commission, and the commission shall analyze the information and provide to the 09 legislature, in the report required under AS 44.19.647, the commission's conclusions 10 and recommendations. The commission, in consultation with the Justice Center at the 11 University of Alaska, the Alaska Judicial Council, the Department of Corrections, and 12 other relevant entities or state agencies, create a list of the types of information and 13 inmate characteristics the Department of Corrections shall collect for the project and 14 may revise the list when necessary to meet project goals. The information may include 15 data relating to adverse childhood experiences, mental health and substance abuse 16 history, education, income, and employment of inmates. The Department of 17 Corrections shall adopt policies establishing procedures for collecting the information 18 identified in the list required under this subsection and providing the information to 19 the commission. The procedures may provide for the collection of the information as 20 part of the risk assessment program established under AS 33.30.011(a)(7). 21 Requirements for collection of information under this subsection terminate July 1, 22 2024. In this subsection, "primary crime prevention" means intervention programs and 23 strategies designed to reduce crime risk factors among the general population and 24 prevent crime from happening. 25 * Sec. 69. AS 44.19.647(b) is amended to read: 26 (b) The commission shall submit the reports, summaries, and 27 recommendations provided under [(a) OF] this section not later than November 1 of 28 each year. 29 * Sec. 70. AS 44.19.647 is amended by adding a new subsection to read: 30 (c) In the report required under (a) of this section, the commission shall 31 include a summary and analysis of the information collected under AS 44.19.645(h).
01 The commission shall 02 (1) provide a summary in the form of tables, charts, graphs, or other 03 formats that are easily understood; 04 (2) include a review of the data and the commission's interpretations, 05 findings, or conclusions related to the information collected; 06 (3) describe any changes in the types of information collected during 07 the preceding fiscal year; 08 (4) make the summary and analysis required under this subsection 09 available to the public; the commission may not publish or present individually 10 identifiable information relating to an inmate; 11 (5) include, when possible, information from the previous fiscal year, 12 comparisons to previous fiscal years, and cumulative information; and 13 (6) present the summary and analysis to the legislature within 10 days 14 after the convening of the next regular session of the legislature following the 15 submission of the report. 16 * Sec. 71. AS 47.37.040 is amended to read: 17 Sec. 47.37.040. Duties of department. The department shall 18 (1) develop, encourage, and foster statewide, regional, and local plans 19 and programs for the prevention of alcoholism and drug abuse and treatment of 20 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 21 public and private agencies, organizations, and individuals, and provide technical 22 assistance and consultation services for these purposes; 23 (2) coordinate the efforts and enlist the assistance of all public and 24 private agencies, organizations, and individuals interested in prevention of alcoholism, 25 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 26 abusers, and inhalant abusers; 27 (3) cooperate with the Department of Corrections in establishing and 28 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 29 abusers, and inhalant abusers in or on parole from penal institutions; 30 (4) cooperate with the Department of Education and Early 31 Development, school boards, schools, police departments, courts, and other public and
01 private agencies, organizations, and individuals in establishing programs for the 02 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 03 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 04 materials for use at all levels of school education; 05 (5) prepare, publish, evaluate, and disseminate educational material 06 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 07 volatile substances; 08 (6) develop and implement, as an integral part of treatment programs, 09 an educational program for use in the treatment of alcoholics, intoxicated persons, 10 drug abusers, and inhalant abusers that includes the dissemination of information 11 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 12 (7) organize and foster training programs for all persons engaged in 13 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 14 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 15 abuse workers; 16 (8) sponsor and encourage research into the causes and nature of 17 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 18 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 19 for information relating to alcoholism, drug abuse, and inhalant abuse; 20 (9) specify uniform methods for keeping statistical information by 21 public and private agencies, organizations, and individuals, and collect and make 22 available relevant statistical information, including number of persons treated, 23 frequency of admission and readmission, and frequency and duration of treatment; 24 (10) conduct program planning activities approved by the Advisory 25 Board on Alcoholism and Drug Abuse; 26 (11) review all state health, welfare, and treatment plans to be 27 submitted for federal funding, and advise the commissioner on provisions to be 28 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 29 abusers; 30 (12) assist in the development of, and cooperate with, alcohol, drug 31 abuse, and inhalant abuse education and treatment programs for employees of state
01 and local governments and businesses and industries in the state; 02 (13) use the support and assistance of interested persons in the 03 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 04 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 05 treatment; 06 (14) cooperate with the Department of Public Safety and the 07 Department of Transportation and Public Facilities in establishing and conducting 08 programs designed to deal with the problem of persons operating motor vehicles while 09 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 10 develop and approve alcohol information courses required to be taken by drivers under 11 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 12 laws; 13 (15) encourage hospitals and other appropriate health facilities to 14 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 15 inhalant abusers and to provide them with adequate and appropriate treatment; 16 (16) encourage all health insurance programs to include alcoholism 17 and drug abuse as a covered illness; 18 (17) prepare an annual report covering the activities of the department 19 and notify the legislature that the report is available; 20 (18) develop and implement a training program on alcoholism and 21 drug abuse for employees of state and municipal governments, and private institutions; 22 (19) develop curriculum materials on drug and alcohol abuse and the 23 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 24 well as a course of instruction for teachers to be charged with presenting the 25 curriculum; 26 (20) develop and implement or designate, in cooperation with other 27 state or local agencies, a juvenile alcohol safety action program that provides alcohol 28 and substance abuse screening, referral, and monitoring of persons under 18 years of 29 age who have been referred to it by 30 (A) a court in connection with a charge or conviction of a 31 violation or misdemeanor related to the use of alcohol or a controlled
01 substance; 02 (B) the agency responsible for the administration of motor 03 vehicle laws in connection with a license action related to the use of alcohol or 04 a controlled substance; or 05 (C) department staff after a delinquency adjudication that is 06 related to the use of alcohol or a controlled substance; 07 (21) develop and implement, or designate, in cooperation with other 08 state or local agencies, an alcohol safety action program that provides alcohol and 09 substance abuse screening, referral, and monitoring services to persons who have 10 been referred by a court in connection with a charge or conviction of a 11 misdemeanor involving the use of alcohol or a controlled substance or under 12 AS 04.16.049 or [,] 04.16.050 [, AS 28.35.028, 28.35.030, OR 28.35.032,] or referred 13 by an agency of the state with the responsibility for administering motor vehicle laws 14 in connection with a driver's license action involving the use of alcohol or a controlled 15 substance; 16 (22) whenever possible, apply evidence-based, research-based, and 17 consensus-based substance abuse and co-occurring substance abuse and mental health 18 disorders treatment practices and remove barriers that prevent the use of those 19 practices; 20 (23) collaborate with first responders, hospitals, schools, primary care 21 providers, developmental disability treatment providers, law enforcement, corrections, 22 attorneys, the Alaska Court System, community behavioral treatment providers, 23 Alaska Native organizations, and federally funded programs in implementing 24 programs for co-occurring substance abuse and mental health disorders treatment. 25 * Sec. 72. AS 11.66.130(b), 11.66.135(b); AS 33.16.010(f), 33.16.089, and 33.16.900(1) are 26 repealed. 27 * Sec. 73. AS 44.19.645(h) and 44.19.647(c) are repealed. 28 * Sec. 74. AS 22.20.220 is repealed February 14, 2025. 29 * Sec. 75. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) The following sections apply to offenses committed on or after
01 the effective date of those sections: 02 (1) AS 11.46.130(a), as amended by sec. 2 of this Act; 03 (2) AS 11.46.140(a), as amended by sec. 3 of this Act; 04 (3) AS 11.46.220(c), as amended by sec. 4 of this Act; 05 (4) AS 11.46.260(b), as amended by sec. 5 of this Act; 06 (5) AS 11.46.270(b), as amended by sec. 6 of this Act; 07 (6) AS 11.46.280(d), as amended by sec. 7 of this Act; 08 (7) AS 11.46.285(b), as amended by sec. 8 of this Act; 09 (8) AS 11.46.360(a), as amended by sec. 9 of this Act; 10 (9) AS 11.46.482(a), as amended by sec. 10 of this Act; 11 (10) AS 11.46.484(a), as amended by sec. 11 of this Act; 12 (11) AS 11.46.486(a), as amended by sec. 12 of this Act; 13 (12) AS 11.46.489, enacted by sec. 13 of this Act; 14 (13) AS 11.46.530(b), as amended by sec. 14 of this Act; 15 (14) AS 11.46.620(d), as amended by sec. 15 of this Act; 16 (15) AS 11.46.730(c), as amended by sec. 16 of this Act; 17 (16) AS 11.56.757(a), as amended by sec. 19 of this Act; 18 (17) AS 11.56.757(b), as amended by sec. 20 of this Act; 19 (18) AS 11.66.130(a), as amended by sec. 21 of this Act; 20 (19) AS 11.66.135(a), as amended by sec. 22 of this Act; 21 (20) AS 11.66.150(4), enacted by sec. 23 of this Act; 22 (21) AS 12.30.006(b), as amended by sec. 26 of this Act; 23 (22) AS 28.15.011(d), enacted by sec. 42 of this Act; 24 (23) AS 33.05.020(h), as amended by sec. 43 of this Act; and 25 (24) AS 33.16.270, as amended by sec. 63 of this Act. 26 (b) The following sections apply to sentences imposed on or after the effective date of 27 those sections for conduct occurring on or after the effective date of those sections: 28 (1) AS 12.30.011(l), enacted by sec. 27 of this Act; 29 (2) AS 12.55.125(c), as amended by sec. 32 of this Act; 30 (3) AS 12.55.125(e), as amended by sec. 33 of this Act; 31 (4) AS 12.55.125(q), enacted by sec. 34 of this Act;
01 (5) AS 12.55.135(a), as amended by sec. 35 of this Act; 02 (6) AS 12.55.135(b), as amended by sec. 36 of this Act; 03 (7) AS 12.55.135(l), as amended by sec. 37 of this Act; and 04 (8) AS 12.55.145(a), as amended by sec. 38 of this Act. 05 (c) AS 12.55.090(g), as amended by sec. 30 of this Act, applies to probation ordered 06 on or after the effective date of sec. 30 of this Act, for offenses committed on or after the 07 effective date of sec. 30 of this Act. 08 (d) AS 33.16.130(c), as amended by sec. 53 of this Act, applies to sentences imposed 09 on or after the effective date of sec. 53 of this Act. 10 * Sec. 76. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 CONDITIONAL EFFECT FOR SECS. 41 AND 74. (a) AS 22.20.220, added by sec. 13 41 of this Act, takes effect only if the Alaska Criminal Justice Commission expires under 14 AS 44.66.010 before February 14, 2025. 15 (b) Section 74 of this Act takes effect only if sec. 41 of this Act takes effect under (a) 16 of this section. 17 * Sec. 77. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 CONDITIONAL EFFECT FOR SEC. 71; NOTIFICATION TO REVISOR OF 20 STATUTES. (a) Section 71 of this Act takes effect only if, on or before July 1, 2018, the 21 director of the division of legislative finance provides notice to the revisor of statutes under 22 (b) of this section. 23 (b) The director of the division of legislative finance shall, on or before July 1, 2018, 24 notify the revisor of statutes if the Thirtieth Alaska State Legislature passes an appropriation 25 bill that is enacted into law that makes an appropriation to the Department of Health and 26 Social Services for the alcohol safety action program for the fiscal year ending June 30, 2019, 27 that is at least 50 percent greater than the amount appropriated to the Department of Health 28 and Social Services for the alcohol safety action program for the fiscal year ending June 30, 29 2018. 30 * Sec. 78. Sections 26, 27, and 45 of this Act take effect January 1, 2018. 31 * Sec. 79. If, under sec. 77 of this Act, sec. 71 of this Act takes effect, it takes effect July 1,
01 2018. 02 * Sec. 80. Section 44 of this Act takes effect July 1, 2019. 03 * Sec. 81. If sec. 41 of this Act takes effect under sec. 76(a) of this Act, it takes effect on the 04 day after the date the Alaska Criminal Justice Commission expires under AS 44.66.010. 05 * Sec. 82. If sec. 74 of this Act takes effect under sec. 76(b) of this Act, it takes effect 06 February 14, 2025. 07 * Sec. 83. Section 73 of this Act takes effect on the earlier of the following: 08 (1) the date sec. 41 of this Act takes effect under sec. 81 of this Act; or 09 (2) February 14, 2025. 10 * Sec. 84. Except as provided in secs. 78 - 83 of this Act, this Act takes effect immediately 11 under AS 01.10.070(c).