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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.

00 Enrolled 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).