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HB 9: "An Act relating to criminal law and procedure; relating to controlled substances; relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violating municipal ordinances; relating to parole; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to the duties of the commissioner of corrections; relating to the duties of the Department of Health and Social Services; relating to civil in rem forfeiture actions; repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an effective date."

00                              HOUSE BILL NO. 9                                                                           
01 "An Act relating to criminal law and procedure; relating to controlled substances;                                      
02 relating to victims of criminal offenses; relating to probation; relating to sentencing;                                
03 relating to treatment program credit for time spent toward service of a sentence of                                     
04 imprisonment; relating to the Violent Crimes Compensation Board; relating to                                            
05 permanent fund dividends; relating to electronic monitoring; relating to penalties for                                  
06 violating municipal ordinances; relating to parole; relating to community work service;                                 
07 relating to revocation, termination, suspension, cancellation, or restoration of a driver's                             
08 license; relating to the duties of the commissioner of corrections; relating to the duties of                           
09 the Department of Health and Social Services; relating to civil in rem forfeiture actions;                              
10 repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an                                 
11 effective date."                                                                                                        
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
01    * Section 1. AS 04.16.160(a) is amended to read:                                                                   
02 (a)  Except as otherwise provided by law, a person who is 21 years of age or                                            
03 older may not purchase alcoholic beverages if the person has been ordered to refrain                                    
04 from consuming alcoholic beverages under AS 12.55.015(a)(13) or as part of a                                            
05 sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar                                          
06 municipal ordinance or [,] as a condition of probation or parole from a conviction                                  
07 under AS 28.35.030, 28.35.032, or a similar municipal ordinance [, OR AS A                                              
08 CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME]. The                                                              
09 restriction on purchasing alcoholic beverages applies during the period that the person                                 
10 is required to refrain from consuming alcoholic beverages under the sentence or                                         
11       condition of probation or parole.                                                                                 
12    * Sec. 2. AS 11.41.110(a) is amended to read:                                                                      
13            (a)  A person commits the crime of murder in the second degree if                                            
14 (1)  with intent to cause serious physical injury to another person or                                                  
15 knowing that the conduct is substantially certain to cause death or serious physical                                    
16       injury to another person, the person causes the death of any person;                                              
17 (2)  the person knowingly engages in conduct that results in the death                                                  
18 of another person under circumstances manifesting an extreme indifference to the                                        
19       value of human life;                                                                                              
20 (3)  under circumstances not amounting to murder in the first degree                                                    
21 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                                    
22 person commits or attempts to commit arson in the first degree, kidnapping, sexual                                      
23 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                               
24 in the first degree, sexual abuse of a minor in the second degree, burglary in the first                                
25 degree, escape in the first or second degree, robbery in any degree, or misconduct                                      
26 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),                                               
27 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2)                              
28 and, in the course of or in furtherance of that crime or in immediate flight from that                                  
29       crime, any person causes the death of a person other than one of the participants;                                
30 (4)  acting with a criminal street gang, the person commits or attempts                                                 
31 to commit a crime that is a felony and, in the course of or in furtherance of that crime                                
01       or in immediate flight from that crime, any person causes the death of a person other                             
02       than one of the participants; or                                                                                  
03                 (5)  the person with criminal negligence causes the death of a child                                    
04       under the age of 16, and the person has been previously convicted of a crime involving                            
05       a child under the age of 16 that was                                                                              
06                      (A)  a felony violation of AS 11.41;                                                               
07                      (B)  in violation of a law or ordinance in another jurisdiction                                    
08            with elements similar to a felony under AS 11.41; or                                                         
09                      (C)  an attempt, a solicitation, or a conspiracy to commit a                                       
10            crime listed in (A) or (B) of this paragraph.                                                                
11    * Sec. 3. AS 11.41.150(a) is amended to read:                                                                      
12            (a)  A person commits the crime of murder of an unborn child if the person                                   
13 (1)  with intent to cause the death of an unborn child or of another                                                    
14       person, causes the death of an unborn child;                                                                      
15 (2)  with intent to cause serious physical injury to an unborn child or to                                              
16 another person or knowing that the conduct is substantially certain to cause death or                                   
17 serious physical injury to an unborn child or to another person, causes the death of an                                 
18       unborn child;                                                                                                     
19 (3)  while acting alone or with one or more persons, commits or                                                         
20 attempts to commit arson in the first degree, kidnapping, sexual assault in the first                                   
21 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                               
22 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                               
23 first or second degree, robbery in any degree, or misconduct involving a controlled                                     
24 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)                                               
25 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or                               
26 in furtherance of that crime or in immediate flight from that crime, any person causes                                  
27       the death of an unborn child;                                                                                     
28 (4)  knowingly engages in conduct that results in the death of an unborn                                                
29 child under circumstances manifesting an extreme indifference to the value of human                                     
30 life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                        
31 relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                       
01       does not constitute conduct manifesting an extreme indifference to the value of human                             
02       life.                                                                                                             
03    * Sec. 4. AS 11.46.130(a) is amended to read:                                                                      
04            (a)  A person commits the crime of theft in the second degree if the person                                  
05       commits theft as defined in AS 11.46.100 and                                                                      
06                 (1)  the value of the property or services [, ADJUSTED FOR                                              
07       INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                             
08       $25,000;                                                                                                          
09                 (2)  the property is a firearm or explosive;                                                            
10                 (3)  the property is taken from the person of another;                                                  
11 (4)  the property is taken from a vessel and is vessel safety or survival                                               
12       equipment;                                                                                                        
13 (5)  the property is taken from an aircraft and the property is aircraft                                                
14       safety or survival equipment;                                                                                     
15 (6)  the value of the property [, ADJUSTED FOR INFLATION AS                                                             
16 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the                                           
17 preceding five years, the person has been convicted and sentenced on two or more                                        
18       separate occasions in this or another jurisdiction of                                                             
19 (A)  an offense under AS 11.46.120, or an offense under                                                                 
20            another law or ordinance with similar elements;                                                              
21 (B)  a crime set out in this subsection or an offense under                                                             
22            another law or ordinance with similar elements;                                                              
23 (C)  an offense under AS 11.46.140(a)(1), or an offense under                                                           
24            another law or ordinance with similar elements; or                                                           
25 (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                                            
26            offense under another law or ordinance with similar elements; or                                             
27                 (7)  the property is an access device.                                                                  
28    * Sec. 5. AS 11.46.140(a) is amended to read:                                                                      
29 (a)  A person commits the crime of theft in the third degree if the person                                              
30       commits theft as defined in AS 11.46.100 and                                                                      
31 (1)  the value of the property or services [, ADJUSTED FOR                                                              
01       INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                       
02       or                                                                                                                
03                 (2)  [REPEALED]                                                                                         
04                 (3)  [REPEALED]                                                                                         
05 (4)  the value of the property is less than $250 and, within the preceding                                              
06 five years, the person has been convicted and sentenced on three or more separate                                       
07 occasions in this or another jurisdiction of theft or concealment of merchandise, or an                                 
08       offense under another law or ordinance with similar elements.                                                     
09    * Sec. 6. AS 11.46.150(a) is amended to read:                                                                      
10 (a)  A person commits the crime of theft in the fourth degree if the person                                             
11 commits theft as defined in AS 11.46.100 and the value of the property or services [,                                   
12       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
13    * Sec. 7. AS 11.46.220(c) is amended to read:                                                                      
14            (c)  Concealment of merchandise is                                                                           
15                 (1)  a class C felony if                                                                                
16                      (A)  the merchandise is a firearm;                                                                 
17 (B)  the value of the merchandise [, ADJUSTED FOR                                                                       
18            INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or                                                  
19 (C)  the value of the merchandise [, ADJUSTED FOR                                                                       
20 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
21 $750 and, within the preceding five years, the person has been convicted and                                            
22            sentenced on two or more separate occasions in this or another jurisdiction of                               
23 (i)  the offense of concealment of merchandise under                                                                    
24 this paragraph or (2)(A) of this subsection, or an offense under another                                                
25                 law or ordinance with similar elements; or                                                              
26 (ii)  an offense under AS 11.46.120, 11.46.130, or                                                                      
27 11.46.140(a)(1), or an offense under another law or ordinance with                                                      
28                 similar elements;                                                                                       
29                 (2)  a class A misdemeanor if                                                                           
30 (A)  the value of the merchandise [, ADJUSTED FOR                                                                       
31 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
01            $750; or                                                                                                     
02                      (B)  [REPEALED]                                                                                    
03 (C)  the value of the merchandise is less than $250 and, within                                                         
04 the preceding five years, the person has been convicted and sentenced on three                                          
05 or more separate occasions of the offense of concealment of merchandise or                                              
06 theft in any degree, or an offense under another law or ordinance with similar                                          
07            elements;                                                                                                    
08                 (3)  a class B misdemeanor if the value of the merchandise [,                                           
09       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
10    * Sec. 8. AS 11.46.260(b) is amended to read:                                                                      
11            (b)  Removal of identification marks is                                                                      
12 (1)  a class C felony if the value of the property on which the serial                                                  
13 number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                                     
14       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
15 (2)  a class A misdemeanor if the value of the property on which the                                                    
16 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
17       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
18 (3)  a class B misdemeanor if the value of the property on which the                                                    
19 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
20       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
21    * Sec. 9. AS 11.46.270(b) is amended to read:                                                                      
22            (b)  Unlawful possession is                                                                                  
23 (1)  a class C felony if the value of the property on which the serial                                                  
24 number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                                     
25       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
26 (2)  a class A misdemeanor if the value of the property on which the                                                    
27 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
28       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
29 (3)  a class B misdemeanor if the value of the property on which the                                                    
30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
31       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
01    * Sec. 10. AS 11.46.280(d) is amended to read:                                                                     
02            (d)  Issuing a bad check is                                                                                  
03 (1)  a class B felony if the face amount of the check is $25,000 or more;                                               
04 (2)  a class C felony if the face amount of the check [, ADJUSTED                                                       
05 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                               
06       $25,000;                                                                                                          
07                 (3)  a class A misdemeanor if the face amount of the check [,                                           
08       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more                                              
09       but less than $750;                                                                                               
10 (4)  a class B misdemeanor if the face amount of the check [,                                                           
11       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
12    * Sec. 11. AS 11.46.285(b) is amended to read:                                                                     
13            (b)  Fraudulent use of an access device is                                                                   
14 (1)  a class B felony if the value of the property or services obtained is                                              
15       $25,000 or more;                                                                                                  
16 (2)  a class C felony if the value of the property or services obtained [,                                              
17 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more                                                    
18       but less than $25,000;                                                                                            
19 (3)  a class A misdemeanor if the value of the property or services                                                     
20 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                                
21       than $750.                                                                                                        
22    * Sec. 12. AS 11.46.295 is amended to read:                                                                        
23 Sec. 11.46.295. Prior convictions. For purposes of considering prior                                                  
24 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or                                             
25 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under                                     
26       AS 11.46.220(c),                                                                                                  
27 (1)  a conviction for an offense under another law or ordinance with                                                    
28 similar elements is a conviction of an offense having elements similar to those of an                                   
29       offense defined as such under Alaska law at the time the offense was committed;                                   
30 (2)  a conviction for an offense under Alaska law where the value of the                                                
31 property or services for the offense was lower than the value of property or services                                   
01       for the offense under current Alaska law is a prior conviction for that offense; and                              
02                 (3)  the court shall consider the date of a prior conviction as occurring                               
03       on the date that sentence is imposed for the prior offense.                                                       
04    * Sec. 13. AS 11.46.360(a) is amended to read:                                                                     
05            (a)  A person commits the crime of vehicle theft in the first degree if, having                              
06       no right to do so or any reasonable ground to believe the person has such a right, the                            
07       person drives, tows away, or takes                                                                                
08                 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                               
09       of another;                                                                                                       
10                 (2)  the propelled vehicle of another and                                                               
11 (A)  the vehicle or any other property of another is damaged in a                                                       
12 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                                   
13            AS 11.46.982,] of $750 or more;                                                                              
14 (B)  the owner incurs reasonable expenses as a result of the loss                                                       
15 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS                                                   
16            PROVIDED IN AS 11.46.982,] of $750 or more; or                                                               
17 (C)  the owner is deprived of the use of the vehicle for seven                                                          
18            days or more;                                                                                                
19 (3)  the propelled vehicle of another and the vehicle is marked as a                                                    
20       police or emergency vehicle; or                                                                                   
21 (4)  the propelled vehicle of another and, within the preceding seven                                                   
22       years, the person was convicted under                                                                             
23                      (A)  this section or AS 11.46.365;                                                                 
24                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
25                      (C)  former AS 11.46.484(a)(2);                                                                    
26 (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                                         
27            of a propelled vehicle; or                                                                                   
28 (E)  a law or ordinance of this or another jurisdiction with                                                            
29 elements substantially similar to those of an offense described in (A) - (D) of                                         
30            this paragraph.                                                                                              
31    * Sec. 14. AS 11.46.420(a) is amended to read:                                                                     
01            (a)  A person commits the crime of arson in the third degree if the person                                   
02       intentionally damages a motor vehicle                                                                             
03                 [(1)]  by starting a fire or causing an explosion while that vehicle is                                 
04       located on state or municipal [PUBLIC] land [; OR                                                             
05                 (2)  THAT IS THE PROPERTY OF ANOTHER PERSON BY                                                          
06       STARTING A FIRE OR CAUSING AN EXPLOSION WHILE THAT VEHICLE IS                                                     
07       LOCATED ON PRIVATE PROPERTY].                                                                                     
08    * Sec. 15. AS 11.46.460 is amended to read:                                                                        
09            Sec. 11.46.460. Disregard of a highway obstruction. (a) A person commits                                   
10 the crime [OFFENSE] of disregard of a highway obstruction if, without the right to do                               
11       so or a reasonable ground to believe the person has the right, the person                                         
12 (1)  drives a vehicle through, over, or around an obstruction erected on                                                
13       a highway under authority of AS 19.10.100; or                                                                     
14 (2)  opens an obstruction erected on a highway under authority of                                                       
15       AS 19.10.100.                                                                                                     
16 (b)  Violation of this section is a class B misdemeanor [VIOLATION                                                  
17       PUNISHABLE BY A FINE OF NOT MORE THAN $1,000].                                                                    
18    * Sec. 16. AS 11.46.482(a) is amended to read:                                                                     
19 (a)  A person commits the crime of criminal mischief in the third 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 intent to damage property of another, the person damages                                                      
23 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
24       IN AS 11.46.982,] of $750 or more;                                                                                
25 (2)  the person recklessly creates a risk of damage in an amount                                                        
26       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
27                 (3)  the person knowingly                                                                               
28 (A)  defaces, damages, or desecrates a cemetery or the contents                                                         
29 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                             
30 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                            
31            memorial appears to be abandoned, lost, or neglected;                                                        
01                      (B)  removes human remains or associated burial artifacts from                                     
02            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
03            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
04    * Sec. 17. AS 11.46.484(a) is amended to read:                                                                     
05            (a)  A person commits the crime of criminal mischief in the fourth degree if,                                
06       having no right to do so or any reasonable ground to believe the person has such a                                
07       right,                                                                                                            
08                 (1)  with intent to damage property of another, the person damages                                      
09       property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                            
10       IN AS 11.46.982,] of $250 or more but less than $750;                                                             
11 (2)  the person tampers with a fire protection device in a building that is                                             
12       a public place;                                                                                                   
13 (3)  the person knowingly accesses a computer, computer system,                                                         
14       computer program, computer network, or part of a computer system or network;                                      
15 (4)  the person uses a device to descramble an electronic signal that has                                               
16 been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                      
17 device is used only to descramble signals received directly from a satellite or unless                                  
18       the person owned the device before September 18, 1984; or                                                         
19 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                                
20 shoots at, destroys, or otherwise tampers with an official traffic control device or                                    
21       damages the work on a highway under construction.                                                                 
22    * Sec. 18. AS 11.46.486(a) is amended to read:                                                                     
23 (a)  A person commits the crime of criminal mischief in the fifth degree if,                                            
24 having no right to do so or any reasonable ground to believe the person has such a                                      
25       right,                                                                                                            
26 (1)  with reckless disregard for the risk of harm to or loss of the                                                     
27 property or with intent to cause substantial inconvenience to another, the person                                       
28       tampers with property of another;                                                                                 
29 (2)  with intent to damage property of another, the person damages                                                      
30 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
31       IN AS 11.46.982,] less than $250; or                                                                              
01                 (3)  the person rides in a propelled vehicle and, with criminal                                         
02       negligence, disregards the fact that it has been stolen or that it is being used in                               
03       violation of AS 11.46.360 or 11.46.365(a)(1).                                                                   
04    * Sec. 19. AS 11.46.530(b) is amended to read:                                                                     
05            (b)  Criminal simulation is                                                                                  
06                 (1)  a class C felony if the value of what the object purports to represent                             
07       [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                
08       more;                                                                                                             
09                 (2)  a class A misdemeanor if the value of what the object purports to                                  
10 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                                    
11       $250 or more but less than $750;                                                                                  
12 (3)  a class B misdemeanor if the value of what the object purports to                                                  
13 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                               
14       than $250.                                                                                                        
15    * Sec. 20. 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 [,                                                        
18       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 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.                                           
21    * Sec. 21. 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                                                  
24 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the                                              
25       defendant's 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                                                          
28       PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000.                                                 
29    * Sec. 22. AS 11.56.730(a) is amended to read:                                                                     
30 (a)  A person commits the crime [OFFENSE] of failure to appear if the person                                        
31                 (1)  is released under the provisions of AS 12.30;                                                      
01                 (2)  knows that the person is required to appear before a court or                                      
02       judicial officer at the time and place of a scheduled hearing; and                                                
03                 (3)  with criminal negligence does not appear before the court or                                       
04       judicial officer at the time and place of the scheduled hearing.                                                  
05    * Sec. 23. AS 11.56.730(d) is amended to read:                                                                     
06            (d)  Failure to appear is a                                                                                  
07                 (1)  class C felony if the person was released in connection with a                                     
08       charge of a felony or while awaiting sentence or appeal after conviction of a felony                              
09       [AND THE PERSON                                                                                                   
10 (A)  DOES NOT MAKE CONTACT WITH THE COURT OR                                                                            
11 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES                                                                 
12 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED                                                                         
13            HEARING; OR                                                                                                  
14 (B)  DOES NOT APPEAR AT THE TIME AND PLACE OF A                                                                         
15            SCHEDULED HEARING TO AVOID PROSECUTION];                                                                     
16 (2)  class A misdemeanor if the person was released in connection with                                                  
17       a                                                                                                                 
18 (A)  charge of a misdemeanor, while awaiting sentence or                                                            
19            appeal after conviction of a misdemeanor; or                                                             
20 (B)  [, OR IN CONNECTION WITH A] requirement to appear                                                              
21            as a material witness in a criminal proceeding [, AND THE PERSON                                             
22 (A)  DOES NOT MAKE CONTACT WITH THE COURT OR                                                                            
23 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES                                                                 
24 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED                                                                         
25            HEARING; OR                                                                                                  
26 (B)  DOES NOT APPEAR AT THE TIME AND PLACE OF A                                                                         
27            SCHEDULED HEARING TO AVOID PROSECUTION; OR                                                                   
28                 (3)  VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000].                                                   
29    * Sec. 24. AS 11.56.757(b) is amended to read:                                                                     
30            (b)  Violation of condition of release is a                                                                  
31 (1)  class A misdemeanor if the person is released from a charge or                                                 
01       conviction of a felony;                                                                                       
02                 (2)  class B misdemeanor if the person is released from a charge or                             
03       conviction of a misdemeanor.                                                                                  
04    * Sec. 25. AS 11.61.110(c) is amended to read:                                                                     
05            (c)  Disorderly conduct is a class B misdemeanor and is punishable as                                    
06       authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall                              
07       be for a definite term of not more than 10 days.                                                              
08    * Sec. 26. AS 11.61.145(d) is amended to read:                                                                     
09            (d)  Promoting an exhibition of fighting animals                                                             
10                 (1)  under (a)(1) or (2) of this section is a class C felony;                                           
11                 (2)  under (a)(3) of this section is                                                                    
12                      [(A)]  a violation                                                                                 
13                           [(i)]  for the first offense, a class B misdemeanor [;                                    
14 (ii)  PUNISHABLE BY A FINE OF NOT MORE                                                                                  
15                 THAN $1,000] for the second offense, [;] and                                                        
16 [(B)]  a class A misdemeanor for the third and each subsequent                                                          
17            offense.                                                                                                     
18    * Sec. 27. AS 11.61.150(a) is amended to read:                                                                     
19 (a)  A person commits the crime [OFFENSE] of obstruction of highways if the                                         
20       person knowingly                                                                                                  
21 (1)  places, drops, or permits to drop on a highway any substance that                                                  
22       creates a substantial risk of physical injury to others using the highway; or                                     
23 (2)  renders a highway impassable or passable only with unreasonable                                                    
24       inconvenience or hazard.                                                                                          
25    * Sec. 28. AS 11.61.150(c) is amended to read:                                                                     
26 (c)  Obstruction of highways is a class B misdemeanor [VIOLATION                                                    
27       PUNISHABLE BY A FINE OF NOT MORE THAN $1,000].                                                                    
28    * Sec. 29. AS 11.66.110(a) is amended to read:                                                                     
29 (a)  A person commits the crime of sex trafficking in the first degree if the                                           
30       person                                                                                                            
31 (1)  induces or causes a [ANOTHER] person to engage in prostitution                                                 
01       through the use of force;                                                                                         
02                 (2)  as other than a patron of a prostitute, induces or causes a                                    
03       [ANOTHER] person [WHO IS] under 20 years of age to engage in prostitution; or                                     
04                 (3)  induces or causes a person in that person's legal custody to engage                                
05       in prostitution.                                                                                                  
06    * Sec. 30. AS 11.66.130(a) is amended to read:                                                                     
07            (a)  A person commits the crime of sex trafficking in the third degree if, with                          
08       intent to promote prostitution, the person                                                                    
09                 (1)  [RECEIVES COMPENSATION FOR PROSTITUTION                                                            
10       SERVICES RENDERED BY ANOTHER; AND                                                                                 
11                 (2)  WITH THE INTENT TO PROMOTE PROSTITUTION,                                                           
12 (A)]  manages, supervises, controls, or owns, either alone or in                                                        
13            association with others, a place of prostitution;                                                            
14 (2) [(B)]  as other than a patron of a prostitute, induces or causes a                                          
15       [ANOTHER] person who is 20 years of age or older to engage in prostitution;                                       
16 (3)  as other than a prostitute receiving compensation for                                                          
17 personally rendered prostitution services, [(C)] receives or agrees to receive money                                
18 or other property under an agreement or understanding that the money or other                                           
19       property is derived from prostitution; or                                                                         
20 (4) [(D)]  engages in conduct that institutes, aids, or facilitates a                                               
21       prostitution enterprise.                                                                                          
22    * Sec. 31. AS 11.66.135(a) is amended to read:                                                                     
23 (a)  A person commits the crime of sex trafficking in the fourth degree if the                                          
24       person                                                                                                            
25 [(1)  RECEIVES COMPENSATION FOR PROSTITUTION                                                                            
26       SERVICES RENDERED BY ANOTHER; AND                                                                                 
27 (2)]  engages in conduct that institutes, aids, or facilitates prostitution                                             
28 under circumstances not proscribed under AS 11.66.130(a)(4)                                                         
29       [AS 11.66.130(a)(2)(D)].                                                                                          
30    * Sec. 32. AS 11.66.200(c) is amended to read:                                                                     
31            (c)  Gambling is a violation                                                                                 
01                 [(1)]  for the first offense. Gambling is a class B misdemeanor [;                                  
02                 (2)  PUNISHABLE BY A FINE OF NOT MORE THAN $1,000] for                                                  
03       the second and each subsequent offense.                                                                           
04    * Sec. 33. AS 11.71 is amended by adding a new section to read:                                                    
05            Sec. 11.71.021. Misconduct involving a controlled substance in the second                                  
06       degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                     
07       misconduct involving a controlled substance in the second degree if the person                                    
08                 (1)  manufactures or delivers any amount of a schedule IA controlled                                    
09       substance or possesses any amount of a schedule IA controlled substance with intent                               
10       to manufacture or deliver;                                                                                        
11 (2)  manufactures any material, compound, mixture, or preparation that                                                  
12       contains                                                                                                          
13 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
14            or                                                                                                           
15 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
16            isomers, or salts of isomers;                                                                                
17 (3)  possesses an immediate precursor of methamphetamine, or the                                                        
18 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
19 with the intent to manufacture any material, compound, mixture, or preparation that                                     
20       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
21 (4)  possesses a listed chemical with intent to manufacture any material,                                               
22       compound, mixture, or preparation that contains                                                                   
23 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
24            or                                                                                                           
25 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
26            isomers, or salts of isomers;                                                                                
27 (5)  possesses methamphetamine in an organic solution with intent to                                                    
28       extract from it methamphetamine or its salts, isomers, or salts of isomers; or                                    
29 (6)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
30       delivers                                                                                                          
31 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
01 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
02 to another person with reckless disregard that the precursor will be used to                                            
03 manufacture any material, compound, mixture, or preparation that contains                                               
04            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
05                      (B)  a listed chemical to another person with reckless disregard                                   
06            that the listed chemical will be used to manufacture any material, compound,                                 
07            mixture, or preparation that contains                                                                        
08                           (i)  methamphetamine, or its salts, isomers, or salts of                                      
09                 isomers;                                                                                                
10 (ii)  an immediate precursor of methamphetamine, or its                                                                 
11                 salts, isomers, or salts of isomers; or                                                                 
12 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
13                 isomers in an organic solution.                                                                         
14 (b)  In a prosecution under (a) of this section, possession of more than six                                            
15 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                       
16 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                                 
17 the person intended to use the listed chemicals to manufacture, to aid or abet another                                  
18 person to manufacture, or to deliver to another person who intends to manufacture                                       
19 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                                   
20 of methamphetamine or its immediate precursors. The prima facie evidence described                                      
21       in this subsection does not apply to a person who possesses                                                       
22 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                                   
23       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
24 (A)  and the listed chemical was dispensed to the person under a                                                        
25            valid prescription; or                                                                                       
26 (B)  in the ordinary course of a legitimate business, or an                                                             
27            employee of a legitimate business, as a                                                                      
28                           (i)  retailer or as a wholesaler;                                                             
29 (ii)  wholesale drug distributor licensed by the Board of                                                               
30                 Pharmacy;                                                                                               
31 (iii)  manufacturer of drug products licensed by the                                                                    
01                 Board of Pharmacy;                                                                                      
02                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
03                           (v)  health care professional licensed by the state; or                                       
04 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                                  
05 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                                     
06 kept in a locked storage area on the premises of a legitimate business or nonprofit                                     
07 organization operating a camp, lodge, school, day care center, treatment center, or                                     
08 other organized group activity, and the location or nature of the activity, or the age of                               
09 the participants, makes it impractical for the participants in the activity to obtain                                   
10       medicinal products.                                                                                               
11 (c)  In this section, "listed chemical" means a chemical described under                                                
12       AS 11.71.200.                                                                                                     
13 (d)  Misconduct involving a controlled substance in the second degree is a                                              
14       class A felony.                                                                                                   
15    * Sec. 34. AS 11.71.030(a) is amended to read:                                                                     
16 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
17 misconduct involving a controlled substance in the third [SECOND] degree if the                                     
18       person                                                                                                            
19 (1)  manufactures or delivers, or possesses with intent to manufacture                                                  
20       or deliver,                                                                                                       
21 (A)  one or more preparations, compounds, mixtures, or                                                                  
22 substances of an aggregate weight of one gram or more containing a schedule                                             
23            IA controlled substance;                                                                                     
24 (B)  25 or more tablets, ampules, or syrettes containing a                                                              
25            schedule IA controlled substance;                                                                            
26 (C)  one or more preparations, compounds, mixtures, or                                                                  
27 substances of an aggregate weight of 2.5 grams or more containing a schedule                                            
28            IIA or IIIA controlled substance; or                                                                         
29 (D)  50 or more tablets, ampules, or syrettes containing a                                                              
30            schedule IIA or IIIA controlled substance;                                                                   
31 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                                       
01       substance to a person under 19 years of age who is at least three years younger than                              
02       the person delivering the substance;                                                                              
03                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
04                      (A)  with reckless disregard that the possession occurs                                            
05                           (i)  on or within 500 feet of school grounds; or                                              
06                           (ii)  at or within 500 feet of a recreation or youth center;                                  
07                 or                                                                                                      
08                      (B)  on a school bus;                                                                              
09                 (4)  manufactures any material, compound, mixture, or preparation that                                  
10       contains                                                                                                          
11 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
12            or                                                                                                           
13 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
14            isomers, or salts of isomers;                                                                                
15 (5)  possesses an immediate precursor of methamphetamine, or the                                                        
16 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
17 with the intent to manufacture any material, compound, mixture, or preparation that                                     
18       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
19 (6)  possesses a listed chemical with intent to manufacture any material,                                               
20       compound, mixture, or preparation that contains                                                                   
21 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
22            or                                                                                                           
23 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
24            isomers, or salts of isomers;                                                                                
25 (7)  possesses methamphetamine in an organic solution with intent to                                                    
26       extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR]                                  
27 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
28       delivers                                                                                                          
29 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
30 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
31 to another person with reckless disregard that the precursor will be used to                                            
01            manufacture any material, compound, mixture, or preparation that contains                                    
02            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
03                      (B)  a listed chemical to another person with reckless disregard                                   
04            that the listed chemical will be used to manufacture any material, compound,                                 
05            mixture, or preparation that contains                                                                        
06                           (i)  methamphetamine, or its salts, isomers, or salts of                                      
07                 isomers;                                                                                                
08                           (ii)  an immediate precursor of methamphetamine, or its                                       
09                 salts, isomers, or salts of isomers; or                                                                 
10 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
11                 isomers in an organic solution; or                                                                  
12 (9)  under circumstances not proscribed under AS 11.71.021(a)(2) -                                                  
13 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled                                       
14 substance or possesses any amount of a schedule IIA or IIIA controlled substance                                    
15       with intent to manufacture or deliver.                                                                        
16    * Sec. 35. AS 11.71.030(d) is amended to read:                                                                     
17 (d)  Misconduct involving a controlled substance in the third [SECOND]                                              
18       degree is a class B felony.                                                                                       
19    * Sec. 36. AS 11.71.040(a) is amended to read:                                                                     
20 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
21 misconduct involving a controlled substance in the fourth [THIRD] degree if the                                     
22       person                                                                                                            
23 (1)  manufactures or delivers any amount of a schedule IVA or VA                                                        
24 controlled substance or possesses any amount of a schedule IVA or VA controlled                                         
25       substance with intent to manufacture or deliver;                                                                  
26 (2)  manufactures or delivers, or possesses with the intent to                                                          
27 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
28 of an aggregate weight of one ounce or more containing a schedule VIA controlled                                        
29       substance;                                                                                                        
30                 (3)  possesses                                                                                          
31                      (A)  any amount of a                                                                           
01                           (i)  schedule IA controlled substance [LISTED IN                                          
02                 AS 11.71.140(e)];                                                                                       
03                           (ii)  IIA controlled substance except a controlled                                        
04                 substance listed in AS 11.71.150(e)(11) - (15);                                                     
05                      (B)  25 or more tablets, ampules, or syrettes containing a                                     
06            schedule IIIA or IVA controlled substance;                                                               
07                      (C)  one or more preparations, compounds, mixtures, or                                         
08            substances of an aggregate weight of                                                                     
09                           (i)  three grams or more containing a schedule IIIA                                       
10 or IVA controlled substance except a controlled substance in a                                                      
11                 form listed in (ii) of this subparagraph;                                                           
12 (ii)  12 grams or more containing a schedule IIIA                                                                   
13 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                              
14 sprayed on or otherwise applied to tobacco, an herb, or another                                                     
15                 organic material; or                                                                                
16 (iii)  500 milligrams or more of a schedule IIA                                                                     
17                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
18 (D)  50 or more tablets, ampules, or syrettes containing a                                                          
19            schedule VA controlled substance;                                                                        
20 (E)  one or more preparations, compounds, mixtures, or                                                              
21 substances of an aggregate weight of six grams or more containing a                                                 
22            schedule VA controlled substance;                                                                        
23 (F)  one or more preparations, compounds, mixtures, or                                                              
24 substances of an aggregate weight of four ounces or more containing a                                               
25            schedule VIA controlled substance; or                                                                    
26                      (G)  25 or more plants of the genus cannabis;                                                  
27                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
28                      (A)  with reckless disregard that the possession occurs                                            
29                           (i)  on or within 500 feet of school grounds; or                                              
30 (ii)  at or within 500 feet of a recreation or youth center;                                                            
31                 or                                                                                                      
01                      (B)  on a school bus;                                                                              
02 (5)  knowingly keeps or maintains any store, shop, warehouse,                                                           
03 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                               
04 keeping or distributing controlled substances in violation of a felony offense under this                               
05       chapter or AS 17.30;                                                                                              
06 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                                 
07 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                                
08 mark, imprint, or device of another or any likeness of any of these on a drug, drug                                     
09       container, or labeling so as to render the drug a counterfeit substance;                                          
10 (7)  knowingly uses in the course of the manufacture or distribution of a                                               
11 controlled substance a registration number that is fictitious, revoked, suspended, or                                   
12       issued to another person;                                                                                         
13 (8)  knowingly furnishes false or fraudulent information in or omits                                                    
14 material information from any application, report, record, or other document required                                   
15       to be kept or filed under AS 17.30;                                                                               
16 (9)  obtains possession of a controlled substance by misrepresentation,                                                 
17       fraud, forgery, deception, or subterfuge;                                                                         
18 (10)  affixes a false or forged label to a package or other container                                                   
19       containing any controlled substance; or                                                                           
20 (11)  manufactures or delivers, or possesses with the intent to                                                         
21       manufacture or deliver,                                                                                           
22 (A)  one or more preparations, compounds, mixtures, or                                                                  
23 substances of an aggregate weight of less than one gram containing a schedule                                           
24            IA controlled substance;                                                                                     
25 (B)  less than 25 tablets, ampules, or syrettes containing a                                                            
26            schedule IA controlled substance;                                                                            
27 (C)  one or more preparations, compounds, mixtures, or                                                                  
28 substances of an aggregate weight of less than 2.5 grams containing a schedule                                          
29            IIA or IIIA controlled substance; or                                                                         
30 (D)  less than 50 tablets, ampules, or syrettes containing a                                                            
31            schedule IIA or IIIA controlled substance.                                                                   
01    * Sec. 37. AS 11.71.040(d) is amended to read:                                                                     
02            (d)  Misconduct involving a controlled substance in the fourth [THIRD]                                   
03       degree is a class C felony.                                                                                       
04    * Sec. 38. AS 11.71.050 is amended to read:                                                                        
05 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth                                            
06 [FOURTH] degree. (a) Except as authorized in AS 17.30, a person commits the                                           
07 crime of misconduct involving a controlled substance in the fifth [FOURTH] degree if                                
08       the person                                                                                                        
09                 (1)  manufactures or delivers, or possesses with the intent to                                          
10 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
11 of an aggregate weight of less than one ounce containing a schedule VIA controlled                                      
12       substance;                                                                                                        
13                 (2)  [REPEALED]                                                                                         
14 (3)  fails to make, keep, or furnish any record, notification, order form,                                              
15       statement, invoice, or information required under AS 17.30; [OR]                                                  
16 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                       
17 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a                                         
18       schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance; or                                              
19                 (5)  possesses                                                                                      
20 (A)  less than 25 tablets, ampules, or syrettes containing a                                                        
21            schedule IIIA or IVA controlled substance;                                                               
22 (B)  one or more preparations, compounds, mixtures, or                                                              
23            substances of an aggregate weight of less than                                                           
24 (i)  three grams containing a schedule IIIA or IVA                                                                  
25 controlled substance except a controlled substance in a form listed                                                 
26                 in (ii) of this subparagraph;                                                                       
27 (ii)  12 grams but more than six grams containing a                                                                 
28 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) -                                                   
29 (16) that has been sprayed on or otherwise applied to tobacco, an                                                   
30                 herb, or another organic material; or                                                               
31 (iii)  500 milligrams containing a schedule IIA                                                                     
01                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
02                      (C)  less than 50 tablets, ampules, or syrettes containing a                                   
03            schedule VA controlled substance;                                                                        
04                      (D)  one or more preparations, compounds, mixtures, or                                         
05            substances of an aggregate weight of less than six grams containing a                                    
06            schedule VA controlled substance; or                                                                     
07                      (E)  one or more preparations, compounds, mixtures, or                                         
08            substances of an aggregate weight of one ounce or more containing a                                      
09            schedule VIA controlled substance.                                                                       
10 (b)  Misconduct involving a controlled substance in the fifth [FOURTH]                                              
11       degree is a class A misdemeanor.                                                                                  
12    * Sec. 39. AS 11.71.060 is amended to read:                                                                        
13 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth                                            
14 [FIFTH] degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                   
15       misconduct involving a controlled substance in the sixth [FIFTH] degree if the person                         
16 (1)  uses or displays any amount of a schedule VIA controlled                                                           
17       substance;                                                                                                        
18 (2)  possesses one or more preparations, compounds, mixtures, or                                                        
19       substances of an aggregate weight of                                                                              
20 (A)  less than one ounce containing a schedule VIA controlled                                                           
21            substance;                                                                                                   
22 (B)  six grams or less containing a schedule IIIA controlled                                                            
23 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                               
24            otherwise applied to tobacco, an herb, or another organic material; or                                       
25 (3)  refuses entry into a premise for an inspection authorized under                                                    
26       AS 17.30.                                                                                                         
27 (b)  Misconduct involving a controlled substance in the sixth [FIFTH] degree                                        
28       is a class B misdemeanor.                                                                                         
29    * Sec. 40. AS 11.71.311(a) is amended to read:                                                                     
30 (a)  A person may not be prosecuted for a violation of AS 11.71.030(a)(3),                                              
31 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) if                             
01       that person                                                                                                       
02                 (1)  sought, in good faith, medical or law enforcement assistance for                                   
03       another person who the person reasonably believed was experiencing a drug overdose                                
04       and                                                                                                               
05 (A)  the evidence supporting the prosecution for an offense                                                             
06 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5)                                                   
07 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a                                            
08            result of the person seeking medical or law enforcement assistance;                                          
09                      (B)  the person remained at the scene with the other person until                                  
10            medical or law enforcement assistance arrived; and                                                           
11 (C)  the person cooperated with medical or law enforcement                                                              
12            personnel, including by providing identification;                                                            
13 (2)  was experiencing a drug overdose and sought medical assistance,                                                    
14 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                      
15 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2)                                
16       was obtained as a result of the overdose and the need for medical assistance.                                     
17    * Sec. 41. AS 12.25.150(a) is amended to read:                                                                     
18 (a)  A person arrested shall be taken before a judge or magistrate without                                              
19 unnecessary delay, and in any event within 48 [24] hours after arrest, [ABSENT                                  
20 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE                                                         
21 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES                                                            
22 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT                                                            
23 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED                                                             
24 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A                                                              
25 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR                                                                
26 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
27 ARREST.] This requirement applies to municipal police officers to the same extent as                                    
28       it does to state troopers.                                                                                        
29    * Sec. 42. AS 12.25.180(a) is amended to read:                                                                     
30 (a)  When a peace officer stops or contacts a person for the commission of [A                                           
31 CLASS C FELONY OFFENSE,] a misdemeanor [,] or the violation of a municipal                                              
01       ordinance, the officer may, in the officer's discretion, issue a citation to the person                           
02       instead of taking the person before a judge or magistrate under AS 12.25.150, unless                          
03       [EXCEPT THE OFFICER MAY ARREST IF]                                                                                
04                 (1)  the person does not furnish satisfactory evidence of identity;                                     
05                 (2)  the peace officer reasonably believes the person is a danger to self                           
06       or others;                                                                                                    
07                 (3)  the crime for which the person is contacted is one involving                                       
08       violence or harm to another person or to property;                                                                
09                 (4)  the person asks to be taken before a judge or magistrate under                                     
10       AS 12.25.150; or                                                                                                  
11 (5)  the peace officer has probable cause to believe the person                                                         
12 committed a crime involving domestic violence; in this paragraph, "crime involving                                      
13       domestic violence" has the meaning given in AS 18.66.990.                                                         
14    * Sec. 43. AS 12.25.180(b) is amended to read:                                                                     
15 (b)  When a peace officer stops or contacts a person for the commission of an                                           
16 infraction or a violation, the officer shall issue a citation instead of taking the person                              
17 before a judge or magistrate under AS 12.25.150, unless [EXCEPT THE OFFICER                                         
18       MAY ARREST IF]                                                                                                    
19                 (1)  the person does not furnish satisfactory evidence of identity; or                              
20                 (2)  the person refuses to accept service of the citation [; OR                                         
21 (3)  THE PEACE OFFICER HAS PROBABLE CAUSE TO BELIEVE                                                                    
22       THE PERSON HAS COMMITTED                                                                                          
23 (A)  A VIOLATION OF CONDITIONS OF RELEASE                                                                               
24            UNDER AS 11.56.757; OR                                                                                       
25 (B)  THE OFFENSE OF FAILURE TO APPEAR UNDER                                                                             
26            AS 11.56.730].                                                                                               
27    * Sec. 44. AS 12.25.190(b) is amended to read:                                                                     
28 (b)  The time specified in the notice to appear shall be at least five [TWO]                                        
29       working days after the issuance of the citation [UNDER AS 12.25.180(a)].                                          
30    * Sec. 45. AS 12.30.006(b) is amended to read:                                                                     
31 (b)  At the first appearance before a judicial officer, a person who is charged                                     
01 with a felony may be detained up to 48 hours for the prosecuting authority to                                       
02 demonstrate that release of the person under AS 12.30.011 would not reasonably                                          
03 ensure the appearance of the person or will pose a danger to the victim, other persons,                                 
04       or the community [, IF THE PERSON HAS                                                                             
05                 (1)  BEEN CHARGED WITH AN UNCLASSIFIED, CLASS A,                                                      
06       CLASS B, OR CLASS C FELONY; OR                                                                                    
07                 (2)  A CRIMINAL CONVICTION OR CHARGE OUTSIDE THE                                                        
08       STATE THAT HAS NOT BEEN USED IN DETERMINING THE PERSON'S RISK                                                     
09       LEVEL IN THE PRETRIAL RISK ASSESSMENT UNDER AS 33.07].                                                            
10    * Sec. 46. AS 12.30.006(c) is amended to read:                                                                     
11 (c)  A person who remains in custody 48 hours after appearing before a judicial                                         
12 officer because of inability to meet the conditions of release shall, upon application, be                              
13 entitled to have the conditions reviewed by the judicial officer who imposed them. If                                   
14 the judicial officer who imposed the conditions of release is not available, any judicial                               
15 officer in the judicial district may review the conditions. [UPON REVIEW OF THE                                         
16 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS                                                            
17 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING                                                                 
18 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT                                                           
19 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE                                                            
20       RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE                                                                   
21                 (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                             
22 (2)  SAFETY OF THE VICTIM, OTHER PERSONS, AND THE                                                                       
23       COMMUNITY.]                                                                                                       
24    * Sec. 47. AS 12.30.006(d) is amended to read:                                                                     
25 (d)  If a person remains in custody after review of conditions by a judicial                                            
26 officer under (c) of this section, the person may request a subsequent review of                                        
27 conditions. Unless the prosecuting authority stipulates otherwise or the person has                                     
28 been incarcerated for a period equal to the maximum sentence for the most serious                                       
29 charge for which the person is being held, a judicial officer may not schedule a bail                                   
30       review hearing under this subsection unless                                                                       
31 (1)  the person provides to the court and the prosecuting authority a                                                   
01 written statement that new information not considered at the previous review will be                                    
02 presented at the hearing; the statement must include a description of the information                                   
03 and the reason the information was not presented at a previous hearing; in this                                         
04 paragraph, "new information" does not include [INCLUDES] the [PERSON'S]                                             
05       inability to post the required bail;                                                                              
06 (2)  the prosecuting authority and any surety, if applicable, have at least                                             
07 48 hours' written notice before the time set for the review requested under this                                        
08       subsection; the defendant shall notify the surety; and                                                            
09 (3)  at least seven days have elapsed between the previous review and                                                   
10 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE                                                  
11       ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY].                                                        
12    * Sec. 48. AS 12.30.006(f) is amended to read:                                                                     
13 (f)  The judicial officer shall issue written or oral findings that explain the                                         
14 reasons the officer imposed the particular conditions of release or modifications or                                    
15 additions to conditions previously imposed. The judicial officer shall inform the                                       
16 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER                                                   
17 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's                                    
18       order establishing conditions of release.                                                                         
19    * Sec. 49. AS 12.30.011 is repealed and reenacted to read:                                                         
20 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this                                        
21 chapter, a judicial officer shall order a person charged with an offense to be released                                 
22 on the person's personal recognizance or upon execution of an unsecured appearance                                      
23       bond, on the condition that the person                                                                            
24                 (1)  obey all court orders and all federal, state, and local laws;                                      
25                 (2)  appear in court when ordered;                                                                      
26                 (3)  if represented, maintain contact with the person's lawyer; and                                     
27 (4)  notify the person's lawyer, who shall notify the prosecuting                                                       
28       authority and the court, not more than 24 hours after the person changes residence.                               
29 (b)  If a judicial officer determines that the release under (a) of this section will                                   
30 not reasonably ensure the appearance of the person or will pose a danger to the victim,                                 
31 other persons, or the community, the officer shall impose the least restrictive condition                               
01       or conditions that will reasonably ensure the person's appearance and protect the                                 
02       victim, other persons, and the community. In addition to conditions under (a) of this                             
03       section, the judicial officer may, singly or in combination,                                                      
04                 (1)  require the execution of an appearance bond in a specified amount                                  
05       of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                         
06       of the amount of the bond;                                                                                        
07                 (2)  require the execution of a bail bond with sufficient solvent sureties                              
08       or the deposit of cash;                                                                                           
09                 (3)  require the execution of a performance bond in a specified amount                                  
10       of cash to be deposited in the registry of the court;                                                             
11                 (4)  place restrictions on the person's travel, association, or residence;                              
12 (5)  order the person to refrain from possessing a deadly weapon on the                                                 
13       person or in the person's vehicle or residence;                                                                   
14 (6)  require the person to maintain employment or, if unemployed,                                                       
15       actively seek employment;                                                                                         
16 (7)  require the person to notify the person's lawyer and the prosecuting                                               
17       authority within two business days after any change in employment;                                                
18 (8)  require the person to avoid all contact with a victim, a potential                                                 
19       witness, or a codefendant;                                                                                        
20 (9)  require the person to refrain from the consumption and possession                                                  
21       of alcoholic beverages;                                                                                           
22 (10)  require the person to refrain from the use of a controlled substance                                              
23 as defined by AS 11.71, unless prescribed by a licensed health care provider with                                       
24       prescriptive authority;                                                                                           
25 (11)  require the person to be physically inside the person's residence,                                                
26       or in the residence of the person's third-party custodian, at times set by the court;                             
27 (12)  require the person to keep regular contact with a law enforcement                                                 
28       officer or agency;                                                                                                
29 (13)  order the person to refrain from entering or remaining in premises                                                
30       licensed under AS 04;                                                                                             
31 (14)  place the person in the custody of an individual who agrees to                                                    
01       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
02                 (15)  if the person is under the treatment of a licensed health care                                    
03       provider, order the person to follow the provider's treatment recommendations;                                    
04                 (16)  order the person to take medication that has been prescribed for                                  
05       the person by a licensed health care provider with prescriptive authority;                                        
06                 (17)  order the person to comply with any other condition that is                                       
07       reasonably necessary to ensure the appearance of the person and to ensure the safety                              
08       of the victim, other persons, and the community;                                                                  
09                 (18)  require the person to comply with a program established under                                     
10 AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                       
11 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony,                                
12       or a crime involving domestic violence.                                                                           
13 (c)  In determining the conditions of release under this chapter, the court shall                                       
14       consider the following:                                                                                           
15                 (1)  the nature and circumstances of the offense charged;                                               
16                 (2)  the weight of the evidence against the person;                                                     
17                 (3)  the nature and extent of the person's family ties and relationships;                               
18                 (4)  the person's employment status and history;                                                        
19                 (5)  the length and character of the person's past and present residence;                               
20                 (6)  the person's record of convictions;                                                                
21                 (7)  the person's record of appearance at court proceedings;                                            
22 (8)  assets available to the person to meet monetary conditions of                                                      
23       release;                                                                                                          
24                 (9)  the person's reputation, character, and mental condition;                                          
25 (10)  the effect of the offense on the victim, any threats made to the                                                  
26       victim, and the danger that the person poses to the victim;                                                       
27 (11)  any other facts that are relevant to the person's appearance or the                                               
28       person's danger to the victim, other persons, or the community.                                                   
29            (d)  In making a finding regarding the release of a person under this chapter,                               
30 (1)  except as otherwise provided in this chapter, the burden of proof is                                               
31 on the prosecuting authority that a person charged with an offense should be detained                                   
01       or released with conditions described in (b) of this section or AS 12.30.016;                                     
02                 (2)  there is a rebuttable presumption that no condition or combination                                 
03       of conditions will reasonably ensure the appearance of the person or the safety of the                            
04       victim, other persons, or the community, if the person is                                                         
05                      (A)  charged with an unclassified felony, a class A felony, a                                      
06            sexual felony, or a felony under AS 28.35.030 or 28.35.032;                                                  
07 (B)  charged with a felony crime against a person under                                                                 
08 AS 11.41, was previously convicted of a felony crime against a person under                                             
09 AS 11.41 in this state or a similar offense in another jurisdiction, and less than                                      
10 five years have elapsed between the date of the person's unconditional                                                  
11 discharge on the immediately preceding offense and the commission of the                                                
12            present offense;                                                                                             
13 (C)  charged with a felony offense committed while the person                                                           
14            was on release under this chapter for a charge or conviction of another offense;                             
15 (D)  charged with a crime involving domestic violence, and has                                                          
16 been convicted in the previous five years of a crime involving domestic                                                 
17            violence in this state or a similar offense in another jurisdiction;                                         
18 (E)  arrested in connection with an accusation that the person                                                          
19 committed a felony outside the state or is a fugitive from justice from another                                         
20            jurisdiction, and the court is considering release under AS 12.70.                                           
21    * Sec. 50. AS 12.30.016(b) is amended to read:                                                                     
22 (b)  In a prosecution charging a violation of AS 04.11.010, 04.11.499,                                                  
23       AS 28.35.030, or 28.35.032, a judicial officer may order the person                                               
24                 (1)  to refrain from                                                                                    
25                      (A)  consuming alcoholic beverages; or                                                             
26 (B)  possessing on the person, in the person's residence, or in                                                         
27 any vehicle or other property over which the person has control, alcoholic                                              
28            beverages;                                                                                                   
29 (2)  to submit to a search without a warrant of the person, the person's                                                
30 personal property, the person's residence, or any vehicle or other property over which                                  
31 the person has control, for the presence of alcoholic beverages by a peace officer [OR                                  
01       PRETRIAL SERVICES OFFICER] who has reasonable suspicion that the person is                                        
02       violating the conditions of the person's release by possessing alcoholic beverages;                               
03                 (3)  to submit to a breath test when requested by a law enforcement                                     
04       officer [OR PRETRIAL SERVICES OFFICER];                                                                           
05                 (4)  to provide a sample for a urinalysis or blood test when requested by                               
06       a law enforcement officer [OR PRETRIAL SERVICES OFFICER];                                                         
07                 (5)  to take a drug or combination of drugs intended to prevent                                         
08       substance abuse;                                                                                                  
09                 (6)  to follow any treatment plan imposed by the court under                                            
10       AS 28.35.028;                                                                                                     
11                 (7)  to comply with a program established under AS 47.38.020.                                           
12    * Sec. 51. AS 12.30.016(c) is amended to read:                                                                     
13 (c)  In a prosecution charging a violation of AS 11.71 or AS 11.73, a judicial                                          
14       officer may order the person                                                                                      
15                 (1)  to refrain from                                                                                    
16                      (A)  consuming a controlled substance; or                                                          
17 (B)  possessing on the person, in the person's residence, or in                                                         
18 any vehicle or other property over which the person has control, a controlled                                           
19            substance or drug paraphernalia;                                                                             
20 (2)  to submit to a search without a warrant of the person, the person's                                                
21 personal property, the person's residence, or any vehicle or other property over which                                  
22 the person has control, for the presence of a controlled substance or drug paraphernalia                                
23 by a peace officer [OR PRETRIAL SERVICES OFFICER] who has reasonable                                                    
24 suspicion that the person is violating the terms of the person's release by possessing                                  
25       controlled substances or drug paraphernalia;                                                                      
26 (3)  to enroll in a random drug testing program, at the person's expense,                                               
27 [WITH TESTING TO OCCUR NOT LESS THAN ONCE A WEEK, OR TO                                                                 
28 SUBMIT TO RANDOM DRUG TESTING BY THE PRETRIAL SERVICES                                                                  
29 OFFICE IN THE DEPARTMENT OF CORRECTIONS] to detect the presence of a                                                    
30 controlled substance, with testing to occur not less than once a week, and with the                                 
31       results being submitted to the court and the prosecuting authority;                                               
01                 (4)  to refrain from entering or remaining in a place where a controlled                                
02       substance is being used, manufactured, grown, or distributed;                                                     
03                 (5)  to refrain from being physically present at, within a two-block area                               
04       of, or within a designated area near, the location where the alleged offense occurred or                          
05       at other designated places, unless the person actually resides within that area;                                  
06                 (6)  to refrain from the use or possession of an inhalant; or                                           
07                 (7)  to comply with a program established under AS 47.38.020.                                           
08    * Sec. 52. AS 12.30.016 is amended by adding a new subsection to read:                                             
09            (g)  In a prosecution charging misconduct involving a controlled substance                                   
10 under AS 11.71.021(a)(2) for the manufacture of methamphetamine, or its salts,                                          
11 isomers, or salts of isomers, if the person has been previously convicted in this or                                    
12 another jurisdiction of a crime involving the manufacturing, delivering, or possessing                                  
13 of methamphetamine, or its salts, isomers, or salts of isomers, a judicial officer shall                                
14 require the posting of a minimum of $250,000 cash bond before the person may be                                         
15 released. The judicial officer may reduce this requirement if the person proves to the                                  
16 satisfaction of the officer that the person's only role in the offense was as an aider or                               
17       abettor and that the person did not stand to benefit financially from the manufacturing.                          
18    * Sec. 53. AS 12.30.021(a) is amended to read:                                                                     
19 (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                           
20 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE                                   
21 RECORD,] that the appointment will, singly or in combination with other                                             
22       conditions,                                                                                                   
23 [(1)  PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT                                                                        
24       AVAILABLE IN THE PERSON'S LOCATION;                                                                               
25 (2)  NO SECURED APPEARANCE OR PERFORMANCE BONDS                                                                         
26       HAVE BEEN ORDERED; AND                                                                                            
27 (3)  NO OTHER CONDITIONS OF RELEASE OR COMBINATION                                                                      
28 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of                                          
29       the victim, other persons, and the community.                                                                     
30    * Sec. 54. AS 12.30.021(c) is amended to read:                                                                     
31            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
01                 (1)  the proposed custodian is acting as a third-party custodian for                                    
02       another person;                                                                                                   
03                 (2)  the proposed custodian has been convicted in the previous three                                    
04       years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;                               
05                 (3)  criminal charges are pending in this state or another jurisdiction                                 
06       against the proposed custodian;                                                                                   
07                 (4)  the proposed custodian is on probation in this state or another                                    
08       jurisdiction for an offense;                                                                                      
09                 (5)  [THERE IS A REASONABLE PROBABILITY THAT THE                                                        
10 STATE WILL CALL] the proposed custodian may be called as a witness in the                                           
11       prosecution of the person;                                                                                        
12 (6)  the proposed custodian resides out of state; however, a nonresident                                                
13 may serve as a custodian if the nonresident resides in the state while serving as                                       
14       custodian.                                                                                                        
15    * Sec. 55. AS 12.55.015(a) is amended to read:                                                                     
16 (a)  Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing                                              
17       sentence on a defendant convicted of an offense, may singly or in combination                                     
18 (1)  impose a fine when authorized by law and as provided in                                                            
19       AS 12.55.035;                                                                                                     
20 (2)  order the defendant to be placed on probation under conditions                                                     
21       specified by the court that may include provision for active supervision;                                         
22 (3)  impose a definite term of periodic imprisonment, but only if an                                                    
23 employment obligation of the defendant preexisted sentencing and the defendant                                          
24       receives a composite sentence of not more than two years to serve;                                                
25                 (4)  impose a definite term of continuous imprisonment;                                                 
26                 (5)  order the defendant to make restitution under AS 12.55.045;                                        
27 (6)  order the defendant to carry out a continuous or periodic program                                                  
28       of community work under AS 12.55.055;                                                                             
29 (7)  suspend execution of all or a portion of the sentence imposed under                                                
30       AS 12.55.080;                                                                                                     
31 (8)  suspend [ENTRY OF JUDGMENT UNDER AS 12.55.078 OR                                                                   
01       SUSPEND] imposition of sentence under AS 12.55.085;                                                               
02 (9)  order the forfeiture to the commissioner of public safety or a                                                     
03 municipal law enforcement agency of a deadly weapon that was in the actual                                              
04 possession of or used by the defendant during the commission of an offense described                                    
05       in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;                                                                     
06 (10)  order the defendant, while incarcerated, to participate in or                                                     
07 comply with the treatment plan of a rehabilitation program that is related to the                                       
08 defendant's offense or to the defendant's rehabilitation if the program is made available                               
09       to the defendant by the Department of Corrections;                                                                
10 (11)  order the forfeiture to the state of a motor vehicle, weapon,                                                     
11 electronic communication device, or money or other valuables, used in or obtained                                       
12 through an offense that was committed for the benefit of, at the direction of, or in                                    
13       association with a criminal street gang;                                                                          
14 (12)  order the defendant to have no contact, either directly or                                                        
15 indirectly, with a victim or witness of the offense until the defendant is                                              
16       unconditionally discharged;                                                                                       
17 (13)  order the defendant to refrain from consuming alcoholic                                                           
18       beverages for a period of time.                                                                                   
19    * Sec. 56. AS 12.55.025(c) is amended to read:                                                                     
20 (c)  Except as provided in (d) of this section, when a defendant is sentenced to                                        
21 imprisonment, the term of confinement commences on the date of imposition of                                            
22 sentence unless the court specifically provides that the defendant must report to serve                                 
23 the sentence on another date. If the court provides another date to begin the term of                                   
24 confinement, the court shall provide the defendant with written notice of the date,                                     
25 time, and location of the correctional facility to which the defendant must report. A                                   
26 defendant shall receive credit for time spent in custody pending trial, sentencing, or                                  
27 appeal, if the detention was in connection with the offense for which sentence was                                      
28 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS                                                                
29 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the                                         
30 actual time spent in custody pending trial, sentencing, or appeal. The time during                                      
31 which a defendant is voluntarily absent from official detention after the defendant has                                 
01       been sentenced may not be credited toward service of the sentence.                                                
02    * Sec. 57. AS 12.55.027(a) is amended to read:                                                                     
03 (a)  A court may grant a defendant credit toward a sentence of imprisonment                                             
04 for time spent in a treatment program or under electronic monitoring only as                                        
05 provided in [THAT FURTHERS THE REFORMATION AND REHABILITATION                                                       
06 OF THE DEFENDANT IF THE COURT FINDS THAT THE PROGRAM PLACES                                                             
07 A SUBSTANTIAL RESTRICTION ON THE DEFENDANT'S FREEDOM OF                                                                 
08       MOVEMENT AND BEHAVIOR AND IS CONSISTENT WITH] this section.                                                       
09    * Sec. 58. AS 12.55.027(b) is repealed and reenacted to read:                                                      
10 (b)  A court may grant a defendant one day of credit toward a sentence of                                               
11 imprisonment for each full day the defendant resided in the facility of a treatment                                     
12       program and observed the rules of the treatment program and the facility if                                       
13 (1)  the court finds that the treatment program meets the standards                                                     
14       described in (c) of this section;                                                                                 
15 (2)  before the defendant entered the treatment program, the court                                                      
16 ordered the defendant to reside in the facility of the treatment program and participate                                
17       in the treatment program as a condition of bail release or a condition of probation; and                          
18 (3)  the court has received a written report from the director of the                                                   
19       program that                                                                                                      
20 (A)  states that the defendant has participated in the treatment                                                        
21 plan prescribed for the defendant and has complied with the requirements of                                             
22            the plan; and                                                                                                
23 (B)  sets out the number of full days the defendant resided in the                                                      
24 facility of the treatment program and observed the rules of the treatment                                               
25            program and facility.                                                                                        
26    * Sec. 59. AS 12.55.027(c) is repealed and reenacted to read:                                                      
27 (c)  To qualify for credit against a sentence of imprisonment for a day spent in                                        
28 a treatment program, the treatment program and the facility of the treatment program                                    
29 must impose substantial restrictions on a person's liberty on that day that are                                         
30       equivalent to incarceration, including the requirement that a participant in the program                          
31                 (1)  must live in a residential facility operated by the program;                                       
01                 (2)  must be confined at all times to the grounds of the facility or be in                              
02       the physical custody of an employee of the facility, except for                                                   
03                      (A)  court appearances;                                                                            
04                      (B)  meetings with counsel;                                                                        
05                      (C)  employment, vocational training, or community volunteer                                       
06            work required by the treatment program; and                                                                  
07 (D)  periods during which the resident is permitted to leave the                                                        
08 facility for rehabilitative purposes directly related to the person's treatment, so                                     
09 long as the periods during which the resident is permitted to leave the facility                                        
10            are expressly limited as to both time and purpose by the treatment program;                                  
11 (3)  is subject to disciplinary sanctions by the program if the participant                                             
12 violates rules of the program and facility; sanctions must be in writing and available                                  
13       for court review; and                                                                                             
14 (4)  is subject to immediate arrest, without warrant, if the participant                                                
15       leaves the facility without permission.                                                                           
16    * Sec. 60. AS 12.55.045(l) is amended to read:                                                                     
17 (l)  An order by the court that the defendant pay restitution is a civil judgment                                       
18 for the amount of the restitution. An order by the court that the defendant pay                                         
19 restitution when the court [SUSPENDS ENTRY OF JUDGMENT UNDER                                                            
20 AS 12.55.078 OR] suspends imposition of sentence under AS 12.55.085 is a civil                                          
21 judgment for the amount of the restitution and remains enforceable and is not                                           
22 discharged when [THE PROCEEDING IS DISMISSED UNDER AS 12.55.078 OR] a                                                   
23 conviction is set aside under AS 12.55.085. The victim or the state on behalf of the                                    
24 victim may enforce the judgment through any procedure authorized by law for the                                         
25 enforcement of a civil judgment. If the victim enforces or collects restitution through                                 
26 civil process, collection costs and full reasonable attorney fees shall be awarded. If the                              
27 state on the victim's behalf enforces or collects restitution through civil process,                                    
28 collection costs and full reasonable attorney fees shall be awarded, up to a maximum                                    
29 of twice the amount of restitution owing at the time the civil process was initiated.                                   
30       This section does not limit the authority of the court to enforce orders of restitution.                          
31    * Sec. 61. AS 12.55.051(a) is amended to read:                                                                     
01 (a)  If the defendant defaults in the payment of a fine or any installment or of                                        
02 restitution or any installment, the court may order the defendant to show cause why                                     
03 the defendant should not be sentenced to imprisonment for nonpayment and, if the                                        
04 payment was made a condition of the defendant's probation, may revoke the probation                                     
05 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a                                                  
06 contempt or probation revocation proceeding brought as a result of failure to pay a                                     
07 fine or restitution, it is an affirmative defense that the defendant was unable to pay                                  
08 despite having made continuing good faith efforts to pay the fine or restitution. If the                                
09 court finds that the defendant was unable to pay despite having made continuing good                                    
10 faith efforts, the defendant may not be imprisoned solely because of the inability to                                   
11 pay. If the court does not find that the default was attributable to the defendant's                                    
12 inability to pay despite having made continuing good faith efforts to pay the fine or                                   
13 restitution, the court may order the defendant imprisoned until the order of the court                              
14 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of                                             
15 imprisonment imposed under this section may not exceed one day for each $50 of the                                      
16 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                               
17 be given toward satisfaction of the order of the court for every day a person is                                        
18       incarcerated for nonpayment of a fine or restitution.                                                             
19    * Sec. 62. AS 12.55.055(a) is amended to read:                                                                     
20 (a)  The court may order a defendant convicted of an offense to perform                                                 
21 community work as a condition of probation, a suspended sentence, or suspended                                      
22 imposition of sentence, [OR SUSPENDED ENTRY OF JUDGMENT,] or in addition                                                
23 to any fine or restitution ordered. If the defendant is sentenced to imprisonment, the                                  
24 court may recommend to the Department of Corrections that the defendant perform                                         
25       community work.                                                                                                   
26    * Sec. 63. AS 12.55.055(c) is amended to read:                                                                     
27 (c)  The court may offer a defendant convicted of an offense the option of                                              
28 performing community work in lieu of a fine, surcharge, or portion of a fine or                                         
29 surcharge if the court finds the defendant is unable to pay the fine. The value of                                      
30 community work in lieu of a fine is $3 [THE STATE'S MINIMUM WAGE] for each                                          
31       hour.                                                                                                             
01    * Sec. 64. AS 12.55.090(b) is amended to read:                                                                     
02 (b)  Except as otherwise provided in (f) of this section, the court may revoke or                                       
03 modify any condition of probation or may [,] change the period of probation [, OR                                   
04 TERMINATE PROBATION AND DISCHARGE THE DEFENDANT FROM                                                                    
05       PROBATION].                                                                                                       
06    * Sec. 65. AS 12.55.090(c) is amended to read:                                                                     
07            (c)  The period of probation, together with any extension, may not exceed                                    
08                 (1)  25 [15] years for a felony sex offense; or                                                 
09                 (2)  10 years for any other offense [AN UNCLASSIFIED FELONY                                         
10       UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;                                                                 
11 (3)  FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1)                                                                  
12       OR (2) OF THIS SUBSECTION;                                                                                        
13                 (4)  THREE YEARS FOR A MISDEMEANOR OFFENSE                                                              
14                      (A)  UNDER AS 11.41;                                                                               
15 (B)  THAT IS A CRIME INVOLVING DOMESTIC                                                                                 
16            VIOLENCE; OR                                                                                                 
17 (C)  THAT IS A SEX OFFENSE, AS THAT TERM IS                                                                             
18            DEFINED IN AS 12.63.100;                                                                                     
19 (5)  TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER                                                                          
20 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN                                                            
21 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A                                                           
22       SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR                                                      
23 (6)  ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF                                                                 
24       THIS SUBSECTION].                                                                                                 
25    * Sec. 66. AS 12.55.090(f) is amended to read:                                                                     
26 (f)  Unless the defendant and the prosecuting authority agree at the probation                                          
27 revocation proceeding or other proceeding [RELATED TO A PROBATION                                                       
28 VIOLATION, THE PERSON QUALIFIES FOR A REDUCTION UNDER                                                                   
29 AS 33.05.020(h), OR A PROBATION OFFICER RECOMMENDS TO THE COURT                                                         
30 THAT PROBATION BE TERMINATED AND THE DEFENDANT BE                                                                       
31 DISCHARGED FROM PROBATION UNDER (g) OF THIS SECTION OR                                                                  
01       AS 33.05.040], the court may not reduce the specific period of probation or the                                   
02       specific term of suspended incarceration except by the amount of incarceration                                    
03       imposed for a probation violation, if                                                                             
04                 (1)  the sentence was imposed in accordance with a plea agreement                                       
05       under Rule 11, Alaska Rules of Criminal Procedure; and                                                            
06                 (2)  the agreement required a specific period of probation or a specific                                
07       term of suspended incarceration.                                                                                  
08    * Sec. 67. AS 12.55.125(c) is amended to read:                                                                     
09            (c)  Except as provided in (i) of this section, a defendant convicted of a class A                           
10 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
11 and shall be sentenced to a definite term within the following presumptive ranges,                                      
12       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
13 (1)  if the offense is a first felony conviction and does not involve                                                   
14       circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years;                     
15                 (2)  if the offense is a first felony conviction                                                        
16                      (A)  and the defendant                                                                         
17 [(A)]  possessed a firearm, used a dangerous instrument, or                                                             
18 caused serious physical injury or death during the commission of the offense,                                           
19            [FIVE TO NINE YEARS;] or                                                                                     
20 [(B)]  knowingly directed the conduct constituting the offense at                                                       
21 a uniformed or otherwise clearly identified peace officer, firefighter,                                                 
22 correctional employee, emergency medical technician, paramedic, ambulance                                               
23 attendant, or other emergency responder who was engaged in the performance                                              
24            of official duties at the time of the offense, seven to 11 years;                                            
25 (B)  and the conviction is for manufacturing related to                                                             
26            methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if                                 
27 (i)  the manufacturing occurred in a building with                                                                  
28 reckless disregard that the building was used as a permanent or                                                     
29 temporary home or place of lodging for one or more children                                                         
30 under 18 years of age or the building was a place frequented by                                                     
31                 children; or                                                                                        
01 (ii)  in the course of manufacturing or in preparation                                                              
02 for manufacturing, the defendant obtained the assistance of one or                                                  
03 more children under 18 years of age or one or more children were                                                    
04                 present;                                                                                            
05                 (3)  if the offense is a second felony conviction, 10 [EIGHT] to 14 [12]                        
06       years;                                                                                                            
07                 (4)  if the offense is a third felony conviction and the defendant is not                               
08       subject to sentencing under (l) of this section, 15 [13] to 20 years.                                         
09    * Sec. 68. AS 12.55.125(d) is amended to read:                                                                     
10 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
11 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
12 and shall be sentenced to a definite term within the following presumptive ranges,                                      
13       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
14 (1)  if the offense is a first felony conviction and does not involve                                                   
15 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years;                             
16 a defendant sentenced under this paragraph may, if the court finds it appropriate, be                                   
17 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                                 
18 probation under AS 12.55.086, the defendant is required to serve an active term                                     
19 of imprisonment within the range specified in this paragraph, unless the court                                      
20       finds that a mitigation factor under AS 12.55.155 applies;                                                    
21                 (2)  if the offense is a first felony conviction,                                                       
22                      (A)  the defendant violated AS 11.41.130, and the victim was                                   
23                      [(A)]  a child under 16 years of age, two to four years; [OR]                                      
24 (B)  two to four years if the conviction is for attempt,                                                            
25 solicitation, or conspiracy to manufacture related to methamphetamine                                               
26            under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and                                                     
27 (i)  the attempted manufacturing occurred, or the                                                                   
28 solicited or conspired offense was to have occurred, in a building                                                  
29 with reckless disregard that the building was used as a permanent                                                   
30 or temporary home or place of lodging for one or more children                                                      
31 under 18 years of age or the building was a place frequented by                                                     
01                 children; or                                                                                        
02 (ii)  in the course of an attempt to manufacture, the                                                               
03 defendant obtained the assistance of one or more children under 18                                                  
04 years of age or one or more children were present [WAS 16 YEARS                                                     
05                 OF AGE OR OLDER, ONE TO THREE YEARS];                                                                   
06                 (3)  if the offense is a second felony conviction, four [TWO] to seven                          
07       [FIVE] years;                                                                                                     
08                 (4)  if the offense is a third felony conviction, six [FOUR] to 10 years.                           
09    * Sec. 69. AS 12.55.125(e) is amended to read:                                                                     
10 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
11 felony may be sentenced to a definite term of imprisonment of not more than five                                        
12 years, and shall be sentenced to a definite term within the following presumptive                                       
13       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
14 (1)  if the offense is a first felony conviction and does not involve                                                   
15 circumstances described in (4) of this subsection, zero to two years; a defendant                                       
16 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
17 suspended imposition of sentence under AS 12.55.085, and the court may, as a                                            
18 condition of probation under AS 12.55.086, require the defendant to serve an active                                     
19       term of imprisonment within the range specified in this paragraph;                                                
20 (2)  if the offense is a second felony conviction, two [ONE] to four                                                
21       years;                                                                                                            
22 (3)  if the offense is a third felony conviction, three [TWO] to five                                               
23       years;                                                                                                            
24 (4)  if the offense is a first felony conviction, and the defendant violated                                            
25       AS 08.54.720(a)(15), one to two years.                                                                            
26    * Sec. 70. AS 12.55.125(q) is amended to read:                                                                     
27 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
28 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
29 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
30 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
31 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
01 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
02 imprisonment of two years and a minimum period of probation supervision of five                                         
03 years for conviction of a class C felony. The period of probation is in addition to any                                 
04 sentence received under (i) of this section and may not be suspended or reduced.                                    
05 Upon a defendant's release from confinement in a correctional facility, the                                         
06 defendant is subject to this probation requirement and shall submit and comply                                      
07       with the terms and requirements of the probation.                                                             
08    * Sec. 71. AS 12.55.135(a) is amended to read:                                                                     
09 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
10       definite term of imprisonment of not more than                                                                    
11                 [(1)]  one year [, IF THE                                                                               
12 (A)  CONVICTION IS FOR A CRIME WITH A                                                                                   
13 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE                                                                     
14            IMPRISONMENT;                                                                                                
15 (B)  TRIER OF FACT FINDS THE AGGRAVATING                                                                                
16 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS                                                                    
17 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE                                                                          
18            DEFINITION OF THE OFFENSE;                                                                                   
19 (C)  DEFENDANT HAS PAST CRIMINAL CONVICTIONS                                                                            
20 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS                                                                   
21 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE                                                                      
22            OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;                                                          
23 (D)  CONVICTION IS FOR AN ASSAULT IN THE FOURTH                                                                         
24            DEGREE UNDER AS 11.41.230; OR                                                                                
25                      (E)  CONVICTION IS FOR A VIOLATION OF                                                              
26                           (i)  AS 11.41.427;                                                                            
27                           (ii)  AS 11.41.440;                                                                           
28 (iii)  AS 11.41.460, IF THE INDECENT EXPOSURE                                                                           
29                 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;                                                               
30                           (iv)  AS 11.61.116(c)(2); OR                                                                  
31                           (v)  AS 11.61.118(a)(2);                                                                      
01                 (2)  30 DAYS].                                                                                          
02    * Sec. 72. AS 12.55.135(b) is amended to read:                                                                     
03            (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                    
04       definite term of imprisonment of not more than 90                                                             
05                 [(1)  10] days unless otherwise specified in the provision of law                                       
06       defining the offense [OR IN THIS SECTION;                                                                         
07                 (2)  90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                    
08                      (A)  AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS                                                 
09            OF AGE OR OLDER; OR                                                                                          
10 (B)  AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF                                                                   
11            AGE OR OLDER; OR                                                                                             
12 (3)  FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                                  
13       AS 11.56.757].                                                                                                    
14    * Sec. 73. AS 12.55.135 is amended by adding a new subsection to read:                                             
15 (q)  A court may not impose a sentence of imprisonment or suspended                                                     
16 imprisonment for possession of marijuana in violation of AS 11.71.060 if the                                            
17 defendant alleges, and the court finds, that the defendant was not under formal or                                      
18 informal probation or parole conditions in this or another jurisdiction at the time of the                              
19 offense; that the defendant possessed the marijuana for the defendant's personal use                                    
20 within the defendant's permanent or temporary residence; and that the defendant has                                     
21 not been previously convicted more than once in this or another jurisdiction for                                        
22 possession of marijuana. If the defendant has not been previously convicted as                                          
23 described in this subsection, the maximum unsuspended fine that the court may                                           
24 impose is $500. If the defendant has been previously convicted once as described in                                     
25 this subsection, the maximum unsuspended fine that the court may impose is $1,000.                                      
26       In this subsection,                                                                                               
27 (1)  "permanent or temporary residence" means a permanent structure                                                     
28 adopted for overnight accommodation; "permanent or temporary residence" does not                                        
29       include                                                                                                           
30 (A)  vehicles, tents, prisons or other correctional facilities,                                                         
31 residential treatment facilities, or shelters operated by a charitable organization                                     
01            or a government agency;                                                                                      
02                      (B)  any place where the defendant's possession or use of                                          
03            marijuana violated established rules for residents, such as a ban on smoking or                              
04            a ban on marijuana or other controlled substances;                                                           
05 (2)  "previously convicted" means the defendant entered a plea of                                                       
06 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury,                                    
07 regardless of whether the conviction was set aside under AS 12.55.085 or a similar                                      
08 procedure in another jurisdiction, of possession of marijuana; "previously convicted"                                   
09       does not include a judgment that has been reversed or vacated by a court.                                         
10    * Sec. 74. AS 12.61.015(a) is amended to read:                                                                     
11 (a)  If a victim of a felony or a crime involving domestic violence requests, the                                       
12       prosecuting attorney shall make a reasonable effort to                                                            
13 (1)  confer with the person against whom the offense has been                                                           
14       perpetrated about that person's testimony before the defendant's trial;                                           
15 (2)  in a manner reasonably calculated to give prompt actual notice,                                                    
16       notify the victim                                                                                                 
17 (A)  of the defendant's conviction and the crimes of which the                                                          
18            defendant was convicted;                                                                                     
19 (B)  of the victim's right in a case that is a felony to make a                                                         
20 written or oral statement for use in preparation of the defendant's presentence                                         
21 report, and of the victim's right to appear personally at the defendant's                                               
22 sentencing hearing to present a written statement and to give sworn testimony                                           
23            or an unsworn oral presentation;                                                                             
24 (C)  of the address and telephone number of the office that will                                                        
25            prepare the presentence report; and                                                                          
26                      (D)  of the time and place of the sentencing proceeding;                                           
27 (3)  notify the victim in writing of the final disposition of the case                                                  
28       within 30 days after final disposition of the case;                                                               
29 (4)  confer with the victim of a crime involving domestic violence                                                  
30       concerning a proposed plea agreement before entering into an agreement;                                           
31 (5)  inform the victim of a pending motion that may substantially delay                                                 
01       the prosecution and inform the court of the victim's position on the motion; in this                              
02       paragraph, a "substantial delay" is                                                                               
03                      (A)  for a misdemeanor, a delay of one month or longer;                                            
04                      (B)  for a felony, a delay of two months or longer; and                                            
05                      (C)  for an appeal, a delay of six months or longer.                                               
06    * Sec. 75. AS 12.61.017(a) is amended to read:                                                                     
07            (a)  An employer may not penalize or threaten to penalize a victim [OF AN                                    
08       OFFENSE] because the victim                                                                                       
09                 [(1)]  is subpoenaed or requested by the prosecuting attorney to attend a                               
10 court proceeding for the purpose of giving testimony. In this subsection, "penalize"                                
11 means to take action affecting the employment status, wages, and benefits                                           
12       payable to the victim, including                                                                              
13                 (1)  demotion or suspension;                                                                        
14                 (2)  dismissal from employment;                                                                     
15 (3)  loss of pay or benefits, except pay and benefits that are directly                                             
16 attributable to the victim's absence from employment to attend the court                                            
17       proceeding [; OR                                                                                              
18 (2)  REPORTS THE OFFENSE TO A LAW ENFORCEMENT                                                                           
19 AGENCY OR PARTICIPATES IN THE INVESTIGATION OF THE OFFENSE BY                                                           
20       A LAW ENFORCEMENT AGENCY].                                                                                        
21    * Sec. 76. AS 12.63.100(7) is amended to read:                                                                     
22                 (7)  "sex offense" means                                                                                
23 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
24 another jurisdiction, in which the person committed or attempted to commit a                                            
25 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
26 this subparagraph, "sexual offense" has the meaning given in                                                            
27            AS 11.41.100(a)(3);                                                                                          
28 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
29 another jurisdiction, in which the person committed or attempted to commit                                              
30            one of the following crimes, or a similar law of another jurisdiction:                                       
31                           (i)  sexual assault in the first degree;                                                      
01                           (ii)  sexual assault in the second degree;                                                    
02                           (iii)  sexual abuse of a minor in the first degree; or                                        
03                           (iv)  sexual abuse of a minor in the second degree;                                           
04                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
05            a crime, under the following statutes or a similar law of another jurisdiction:                              
06                           (i)  AS 11.41.410 - 11.41.438;                                                                
07                           (ii)  AS 11.41.440(a)(2);                                                                     
08                           (iii)  AS 11.41.450 - 11.41.458;                                                              
09                           (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                         
10 exposure is before a person under 16 years of age and the offender has                                                  
11                 previously been convicted under AS 11.41.460 or AS 26.05.900(c);                                        
12                           (v)  AS 11.61.125 - 11.61.128;                                                                
13 (vi)  AS 11.66.110, 11.66.130(a)(2)                                                                                 
14 [11.66.130(a)(2)(B)], or AS 26.05.900(b) if the person who was                                                          
15 induced or caused to engage in prostitution was under 20 years of age                                                   
16                 at the time of the offense;                                                                             
17 (vii)  former AS 11.15.120, former 11.15.134, or assault                                                                
18 with the intent to commit rape under former AS 11.15.160, former                                                        
19                 AS 11.40.110, or former 11.40.200;                                                                      
20 (viii)  AS 11.61.118(a)(2) if the offender has a previous                                                               
21                 conviction for that offense;                                                                            
22 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
23                 punishment under AS 11.66.100(e);                                                                     
24 (x)  AS 26.05.890 if the person engaged in sexual                                                                       
25                 penetration or sexual contact with the victim;                                                          
26 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                  
27 victim is under a duty to obey the lawful orders of the offender,                                                       
28 regardless of whether the offender is in the direct chain of command                                                    
29                 over the victim;                                                                                        
30 (xii)  AS 26.05.893 if the person engaged in sexual                                                                     
31                 penetration or sexual contact with the victim;                                                          
01 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                              
02                 years of age at the time of the offense; or                                                             
03 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                                 
04 victim is under a duty to obey the lawful orders of the offender,                                                       
05 regardless of whether the offender is in the direct chain of command                                                    
06                 over the victim; or                                                                                     
07 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                          
08 commit an offense, under AS 26.05.935(b), or a similar law of another                                                   
09 jurisdiction, if the member of the militia commits one of the following                                                 
10 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform                                                
11            Code of Military Justice):                                                                                   
12                           (i)  child pornography; or                                                                    
13 (ii)  pandering and prostitution if the person who is                                                                   
14 induced, enticed, caused, or procured to engage in a sexual act is under                                                
15                 20 years of age at the time of the offense;                                                             
16    * Sec. 77. AS 12.70.130 is amended to read:                                                                        
17 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be                                            
18 lawfully made by a peace officer or a private person without a warrant upon                                             
19 reasonable information that the accused stands charged in the courts of another state                                   
20 with a crime punishable by death or imprisonment for a term exceeding one year, but                                     
21 when arrested the accused must be taken before a judge or magistrate without                                            
22 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT                                     
23 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and                                                          
24 complaint shall be made against the accused under oath setting out the ground for the                                   
25 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR                                                             
26 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
27 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had                                      
28       been arrested on a warrant.                                                                                       
29    * Sec. 78. AS 18.67.020(a) is amended to read:                                                                     
30 (a)  The Violent Crimes Compensation Board is established in the                                                    
31 Department of Administration. The board is composed of three members to be                                          
01 appointed by the governor. One of the members shall be designated as chair by the                                       
02 governor. At least one member must be a medical or osteopathic physician [, A                                           
03 PHYSICIAN ASSISTANT, OR AN ADVANCED NURSE PRACTITIONER]                                                                 
04 licensed to practice in this state or holding a retired status license [FROM                                    
05 PRACTICE] in this state, and one member must be an attorney licensed to practice in                                     
06       this state or retired from practice in this state.                                                                
07    * Sec. 79. AS 18.67.101 is amended to read:                                                                        
08 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The                                             
09 board may order the payment of compensation in accordance with the provisions of                                        
10       this chapter for personal injury or death that resulted from                                                      
11 (1)  an attempt on the part of the applicant to prevent the commission of                                               
12 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police                                    
13       officer to do so, or aiding a victim of crime; or                                                                 
14 (2)  the commission or attempt on the part of one other than the                                                        
15       applicant to commit any of the following offenses:                                                                
16                      (A)  murder in any degree;                                                                         
17                      (B)  manslaughter;                                                                                 
18                      (C)  criminally negligent homicide;                                                                
19                      (D)  assault in any degree;                                                                        
20                      (E)  kidnapping;                                                                                   
21                      (F)  sexual assault in any degree;                                                                 
22                      (G)  sexual abuse of a minor;                                                                      
23                      (H)  robbery in any degree;                                                                        
24                      (I)  threats to do bodily harm;                                                                    
25 (J)  driving while under the influence of an alcoholic beverage,                                                        
26 inhalant, or controlled substance or another crime resulting from the operation                                         
27 of a motor vehicle, boat, or airplane when the offender is under the influence                                          
28            of an alcoholic beverage, inhalant, or controlled substance;                                                 
29                      (K)  arson in the first degree;                                                                    
30 (L)  sex trafficking in violation of AS 11.66.110 or                                                                    
31            11.66.130(a)(2) [11.66.130(a)(2)(B)];                                                                    
01                      (M)  human trafficking in any degree; or                                                           
02                      (N)  unlawful exploitation of a minor.                                                             
03    * Sec. 80. AS 28.15.191(g) is amended to read:                                                                     
04 (g)  A court that has ordered a person to refrain from consuming alcoholic                                              
05 beverages as part of a sentence for conviction of a crime under AS 28.35.030,                                           
06 28.35.032, or a similar municipal ordinance or as a condition of probation or parole                                    
07 following a conviction under those sections or a similar municipal ordinance [, OR AS                                   
08 A CONDITION OF PROBATION OR PAROLE FOR ANY OTHER CRIME] shall                                                           
09 (1)  require the surrender of the person's license and identification card                                              
10       and forward the license and identification card to the department;                                                
11                 (2)  report the order to the department within two days; and                                            
12 (3)  inform the person that the person's license and identification card                                                
13 are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is                                   
14 otherwise qualified to receive a license or identification card, when the person obtains                                
15 a new license or identification card, the license or identification card must list the                                  
16       restriction imposed by AS 04.16.160 for the period of probation or parole.                                        
17    * Sec. 81. AS 28.15.291(a) is repealed and reenacted to read:                                                      
18            (a)  A person is guilty of a class A misdemeanor if the person                                               
19 (1)  drives a motor vehicle on a highway or vehicular way or area at a                                                  
20 time when that person's driver's license, privilege to drive, or privilege to obtain a                                  
21       license has been canceled, suspended, or revoked in this or another jurisdiction; or                              
22 (2)  drives in violation of a limitation placed on that person's license or                                             
23       privilege to drive in this or another jurisdiction.                                                               
24    * Sec. 82. AS 28.15.291(b) is repealed and reenacted to read:                                                      
25            (b)  Upon conviction under (a) of this section, the court                                                    
26                 (1)  shall impose a minimum sentence of imprisonment                                                    
27 (A)  if the person has not been previously convicted, of not less                                                       
28 than 10 days with 10 days suspended, including a mandatory condition of                                                 
29 probation that the defendant complete not less than 80 hours of community                                               
30            work service;                                                                                                
31 (B)  if the person has been previously convicted, of not less than                                                      
01            10 days;                                                                                                     
02 (C)  if the person's driver's license, privilege to drive, or                                                           
03 privilege to obtain a license was revoked under circumstances described in                                              
04 AS 28.15.181(c)(1), if the person was driving in violation of a limited license                                         
05 issued under AS 28.15.201(d) following that revocation, or if the person was                                            
06 driving in violation of an ignition interlock device requirement following that                                         
07 revocation, of not less than 20 days with 10 days suspended, and a fine of not                                          
08 less than $500, including a mandatory condition of probation that the                                                   
09            defendant complete not less than 80 hours of community work service;                                         
10 (D)  if the person's driver's license, privilege to drive, or                                                           
11 privilege to obtain a license was revoked under circumstances described in                                              
12 AS 28.15.181(c)(2), (3), or (4), if the person was driving in violation of a                                            
13 limited license issued under AS 28.15.201(d) following that revocation, or if                                           
14 the person was driving in violation of an ignition interlock device requirement                                         
15 following that revocation, of not less than 30 days and a fine of not less than                                         
16            $1,000;                                                                                                      
17                 (2)  may impose additional conditions of probation;                                                     
18                 (3)  may not                                                                                            
19 (A)  suspend execution of sentence or grant probation except on                                                         
20 condition that the person serve a minimum term of imprisonment and perform                                              
21            required community work service as provided in (1) of this subsection;                                       
22                      (B)  suspend imposition of sentence;                                                               
23 (4)  shall revoke the person's license, privilege to drive, or privilege to                                             
24 obtain a license, and the person may not be issued a new license or a limited license                                   
25 nor may the privilege to drive or obtain a license be restored for an additional period                                 
26 of not less than 90 days after the date that the person would have been entitled to                                     
27       restoration of driving privileges; and                                                                            
28 (5)  may order that the motor vehicle that was used in commission of                                                    
29       the offense be forfeited under AS 28.35.036.                                                                      
30    * Sec. 83. AS 28.35.028(b) is amended to read:                                                                     
31 (b)  Once the court elects to proceed under this section, the defendant shall                                           
01 enter a no contest or guilty plea to the offense or shall admit to a probation violation,                               
02 as appropriate. The state and the defendant may enter into a plea agreement to                                          
03 determine the offense or offenses to which the defendant is required to plead. If the                                   
04 court accepts the agreement, the court shall enforce the terms of the agreement. The                                    
05 court shall enter a judgment of conviction for the offense or offenses for which the                                    
06 defendant has pleaded or an order finding that the defendant has violated probation, as                                 
07 appropriate. A judgment of conviction or an order finding a probation violation must                                    
08 set a schedule for payment of restitution owed by the defendant. In a judgment of                                       
09 conviction and on probation conditions that the court considers appropriate, the court                                  
10 may withhold pronouncement of a period of imprisonment or a fine to provide an                                          
11 incentive for the defendant to complete recommended treatment successfully.                                             
12 Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any                                             
13 mandatory minimum or other sentencing provision applicable to the offense.                                              
14 However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any                                           
15 other provision of law, the court, at any time after the period when a reduction of                                     
16 sentence is normally available, may consider and reduce the defendant's sentence [,                                     
17 INCLUDING IMPRISONMENT, FINE, OR LICENSE REVOCATION,] based on                                                          
18 the defendant's compliance with the treatment plan; when reducing a sentence, the                                       
19 court (1) may not reduce the sentence below the mandatory minimum sentence for the                                      
20 offense unless the court finds that the defendant has successfully complied with and                                    
21 completed the treatment plan and that the treatment plan approximated the severity of                                   
22 the minimum period of imprisonment, and (2) may consider the defendant's                                                
23 compliance with the treatment plan as a mitigating factor allowing a reduction of a                                     
24 sentence under AS 12.55.155(a). A court entering an order finding the defendant has                                     
25 violated probation may withhold pronouncement of disposition to provide an incentive                                    
26       for the defendant to complete the recommended treatment successfully.                                             
27    * Sec. 84. AS 28.35.030(k) is amended to read:                                                                     
28 (k)  Imprisonment required under (b)(1)(A) of this section shall be served at a                                     
29 community residential center or by electronic monitoring at a private residence                                     
30 [UNDER AS 33.30.065]. If electronic monitoring is not available, imprisonment                                           
31 required under (b)(1)(A) of this section may [SHALL] be served at another                                       
01 appropriate place determined by the commissioner of corrections [A PRIVATE                                          
02 RESIDENCE BY OTHER MEANS DETERMINED BY THE COMMISSIONER OF                                                              
03 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF                                                                      
04 IMPRISONMENT REQUIRED UNDER (b)(1)(A) OF THIS SECTION BY                                                                
05 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE                                                                 
06 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE                                                                 
07 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC                                                               
08 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE].                                                          
09 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a                                          
10 community residential center or at a private residence if approved by the                                               
11 commissioner of corrections. Imprisonment served at a private residence must include                                    
12 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING                                                  
13 IS NOT AVAILABLE, BY OTHER MEANS AS DETERMINED BY THE                                                                   
14 COMMISSIONER OF CORRECTIONS]. The cost of imprisonment resulting from                                                   
15 the sentence imposed under (b)(1) of this section shall be paid to the state by the                                     
16 person being sentenced provided, however, that the [. THE] cost of imprisonment                                     
17 required to be paid under this subsection may not exceed $2,000. Upon the person's                                      
18 conviction, the court shall include the costs of imprisonment as a part of the judgment                                 
19 of conviction. Except for reimbursement from a permanent fund dividend as provided                                      
20 in this subsection, payment of the cost of imprisonment is not required if the court                                    
21 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
22 person as required by this subsection, the state shall seek reimbursement from the                                      
23 person's permanent fund dividend as provided under AS 43.23.140. While at the                                       
24 community residential center or other appropriate place, a person sentenced                                         
25 under (b)(1)(A) of this section shall perform at least 24 hours of community                                        
26 service work. A person sentenced under (b)(1)(B) of this section shall perform at least                             
27 160 hours of community service work, as required by the director of the community                                       
28 residential center or other appropriate place, or as required by the commissioner of                                    
29 corrections if the sentence is being served at a private residence. In this subsection,                                 
30 "appropriate place" means a facility with 24-hour on-site staff supervision that is                                     
31 specifically adapted to provide a residence, and includes a correctional center,                                        
01       residential treatment facility, hospital, halfway house, group home, work farm, work                              
02       camp, or other place that provides varying levels of restriction.                                                 
03    * Sec. 85. AS 28.35.030(l) is amended to read:                                                                     
04 (l)  The commissioner of corrections shall determine and prescribe by                                                   
05 regulation a uniform average cost of imprisonment for the purpose of determining the                                    
06 cost of imprisonment required to be paid under (k) of this section by a convicted                                       
07 person. [THE REGULATIONS MUST INCLUDE THE COSTS ASSOCIATED                                                              
08       WITH ELECTRONIC MONITORING UNDER AS 33.30.065.]                                                                   
09    * Sec. 86. AS 28.35.030(o) is amended to read:                                                                     
10 (o)  Upon request, the department shall review a driver's license revocation                                            
11       imposed under (n)(3) of this section and                                                                          
12                 [(1)]  may restore the driver's license if                                                              
13                 (1) [(A)]  the license has been revoked for a period of at least 10 years;                          
14                 (2) [(B)]  the person has not been convicted of a [DRIVING-                                         
15       RELATED] criminal offense since the license was revoked; and                                                      
16                 (3) [(C)]  the person provides proof of financial responsibility [;                                 
17                 (2)  SHALL RESTORE THE DRIVER'S LICENSE IF                                                              
18 (A)  THE PERSON HAS BEEN GRANTED LIMITED                                                                                
19 LICENSE PRIVILEGES UNDER AS 28.15.201(g) AND HAS                                                                        
20 SUCCESSFULLY DRIVEN UNDER THAT LIMITED LICENSE FOR                                                                      
21 THREE YEARS WITHOUT HAVING THE LIMITED LICENSE                                                                          
22            PRIVILEGES REVOKED;                                                                                          
23 (B)  THE PERSON HAS SUCCESSFULLY COMPLETED A                                                                            
24 COURT-ORDERED TREATMENT PROGRAM UNDER AS 28.35.028 OR                                                                   
25 A REHABILITATIVE TREATMENT PROGRAM UNDER AS 28.15.201(h);                                                               
26 (C)  THE PERSON HAS NOT BEEN CONVICTED OF A                                                                             
27 VIOLATION OF AS 28.35.030 OR 28.35.032 OR A SIMILAR LAW OR                                                              
28 ORDINANCE OF THIS OR ANOTHER JURISDICTION SINCE THE                                                                     
29            LICENSE WAS REVOKED;                                                                                         
30 (D)  THE PERSON IS OTHERWISE ELIGIBLE TO HAVE                                                                           
31 THE PERSON'S DRIVING PRIVILEGES RESTORED AS PROVIDED IN                                                                 
01 AS 28.15.211; IN AN APPLICATION UNDER THIS SUBSECTION, A                                                                
02 PERSON WHOSE LICENSE WAS REVOKED FOR A VIOLATION OF                                                                     
03 AS 28.35.030(n) OR 28.35.032(p) IS NOT REQUIRED TO SUBMIT                                                               
04 COMPLIANCE AS REQUIRED UNDER AS 28.35.030(h) OR 28.35.032(l);                                                           
05            AND                                                                                                          
06                      (E)  THE PERSON PROVIDES PROOF OF FINANCIAL                                                        
07            RESPONSIBILITY].                                                                                             
08    * Sec. 87. AS 28.35.032(o) is amended to read:                                                                     
09            (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                              
10 community residential center, or if a community residential center [PRIVATE                                         
11 RESIDENCE BY ELECTRONIC MONITORING UNDER AS 33.30.065. IF                                                               
12 ELECTRONIC MONITORING] is not available, at another appropriate place as                                            
13 determined by the commissioner of corrections [IMPRISONMENT UNDER                                                   
14 (g)(1)(A) OF THIS SECTION SHALL BE SERVED AT A PRIVATE RESIDENCE                                                        
15 BY OTHER MEANS AS DETERMINED BY THE COMMISSIONER OF                                                                     
16 CORRECTIONS. A PERSON WHO IS SERVING A SENTENCE OF                                                                      
17 IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS SECTION BY                                                                
18 ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY NOT BE                                                                 
19 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE                                                                 
20 OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC                                                               
21 MONITORING UNDER AS 33.30.065(a), EXCEPT UPON PROBABLE CAUSE.]                                                          
22 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a                                          
23 community residential center or at a private residence if approved by the                                               
24 commissioner of corrections. Imprisonment served at a private residence must include                                    
25 electronic monitoring [UNDER AS 33.30.065 OR, IF ELECTRONIC MONITORING                                                  
26 IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS                                                                     
27 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                             
28 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be                                  
29 paid to the state by the person being sentenced provided, however, that the [. THE]                                 
30 cost of imprisonment required to be paid under this subsection may not exceed $2,000.                                   
31 Upon the person's conviction, the court shall include the costs of imprisonment as a                                    
01 part of the judgment of conviction. Except for reimbursement from a permanent fund                                      
02 dividend as provided in this subsection, payment of the cost of imprisonment is not                                     
03 required if the court determines the person is indigent. For costs of imprisonment that                                 
04 are not paid by the person as required by this subsection, the state shall seek                                         
05 reimbursement from the person's permanent fund dividend as provided under                                               
06 AS 43.23.140. While at the community residential center or another appropriate                                      
07 place, a person sentenced under (g)(1)(A) of this section shall perform at least 24                                 
08 hours of community service work. A person sentenced under (g)(1)(B) of this                                         
09 section shall perform at least 160 hours of community service work, as required by the                                  
10 director of the community residential center or other appropriate place, or as required                                 
11 by the commissioner of corrections if the sentence is being served at a private                                         
12 residence. In this subsection, "appropriate place" means a facility with 24-hour on-site                                
13 staff supervision that is specifically adapted to provide a residence, and includes a                                   
14 correctional center, residential treatment facility, hospital, halfway house, group home,                               
15       work farm, work camp, or other place that provides varying levels of restriction.                                 
16    * Sec. 88. AS 29.10.200(21) is amended to read:                                                                    
17 (21)  AS 29.25.070(e) (notices of certain civil actions) [AND (g)                                                   
18       (PENALTIES)];                                                                                                     
19    * Sec. 89. AS 29.25.070(a) is amended to read:                                                                     
20 (a)  For the violation of an ordinance, a municipality may by ordinance                                                 
21 prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days [,                                      
22 EXCEPT AS LIMITED BY (g) OF THIS SECTION]. For a violation that cannot                                                  
23 result in incarceration or the loss of a valuable license, a municipality may allow                                     
24 disposition of the violation without court appearance and establish a schedule of fine                                  
25       amounts for each offense.                                                                                         
26    * Sec. 90. AS 33.05.040 is amended to read:                                                                        
27            Sec. 33.05.040. Duties of probation officers. A probation officer shall                                    
28 (1)  furnish to each probationer under the supervision of the officer a                                                 
29 written statement of the conditions of probation and shall instruct the probationer                                     
30       regarding the same;                                                                                               
31 (2)  keep informed concerning the conduct and condition of each                                                         
01 probationer under the supervision of the officer and shall report on the probationer to                                 
02       the court placing that person on probation;                                                                       
03 (3)  use all suitable methods, not inconsistent with the conditions                                                     
04 imposed by the court, to aid probationers and to bring about improvements in their                                      
05       conduct and condition;                                                                                            
06 (4)  keep records of the probation work, [INCLUDING                                                                     
07 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION                                                                   
08 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete                                                      
09 accounts of all money collected from persons under the supervision of the officer, give                                 
10 receipts for money collected and make at least monthly returns of it, make the reports                                  
11 to the court and the commissioner required by them, and perform other duties the court                                  
12       may direct;                                                                                                       
13 (5)  perform duties with respect to persons on parole as the                                                            
14       commissioner shall request, and in that service shall be termed a parole officer;                                 
15 (6)  [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES                                                                       
16 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S                                                           
17 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO                                                                  
18 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY                                                               
19 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT,                                                             
20 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH                                                              
21       A RECOGNITION OF POSITIVE BEHAVIOR;                                                                               
22 (7)  UPON DETERMINING THAT A PROBATIONER UNDER THE                                                                      
23 SUPERVISION OF THE OFFICER MEETS THE REQUIREMENTS OF                                                                    
24 AS 12.55.090(g), RECOMMEND TO THE COURT AS SOON AS PRACTICABLE                                                          
25 THAT PROBATION BE TERMINATED AND THE PROBATIONER BE                                                                     
26       DISCHARGED FROM PROBATION;                                                                                        
27 (8)  FOR EACH PROBATIONER WHO OWES RESTITUTION AND                                                                      
28 WHO IS UNDER THE SUPERVISION OF THE OFFICER, CREATE A                                                                   
29 RESTITUTION PAYMENT SCHEDULE BASED ON THE PROBATIONER'S                                                                 
30 INCOME AND ABILITY TO PAY IF THE COURT HAS NOT ALREADY SET A                                                            
31       RESTITUTION PAYMENT SCHEDULE;                                                                                     
01                 (9)]  accommodate the diligent efforts of each probationer to secure and                                
02       maintain steady employment or to participate in educational courses or training                                   
03       programs when prescribing the times at which a probationer shall report; and                                  
04 (7) [(10)]  permit each probationer to travel in the state to make diligent                                         
05 efforts to secure and maintain steady employment or to participate in educational                                       
06 courses or training programs if the travel is not inconsistent with other terms and                                     
07       conditions of probation.                                                                                          
08    * Sec. 91. AS 33.16.010(c) is amended to read:                                                                     
09            (c)  A prisoner who is not eligible for [SPECIAL MEDICAL OR]                                                 
10 discretionary parole, or who is not released on [SPECIAL MEDICAL OR]                                                    
11 discretionary parole, shall be released on mandatory parole for the term of good time                                   
12 deductions credited under AS 33.20, if the term or terms of imprisonment are two                                        
13       years or more.                                                                                                    
14    * Sec. 92. AS 33.16.060(a) is amended to read:                                                                     
15            (a)  The board shall                                                                                         
16                 (1)  serve as the parole authority for the state;                                                       
17 (2)  upon receiving an application, consider the suitability for parole                                             
18 of a prisoner who is eligible [FOR DISCRETIONARY PAROLE AT LEAST 90                                                     
19 DAYS BEFORE THE PRISONER'S FIRST DATE OF ELIGIBILITY AND UPON                                                           
20 RECEIPT OF THE PRISONER'S APPLICATION] for special medical or                                                       
21       discretionary parole;                                                                                         
22 (3)  impose parole conditions on all prisoners released under                                                           
23       [SPECIAL MEDICAL,] discretionary [,] or mandatory parole;                                                         
24 (4)  under AS 33.16.210, discharge a person from parole when custody                                                    
25       is no longer required;                                                                                            
26                 (5)  maintain records of the meetings and proceedings of the board;                                     
27 (6)  recommend to the governor and the legislature changes in the law                                                   
28       administered by the board;                                                                                        
29 (7)  recommend to the governor or the commissioner changes in the                                                       
30 practices of the department and of other departments of the executive branch                                            
31       necessary to facilitate the purposes and practices of parole;                                                     
01                 (8)  upon request of the governor, review and recommend applicants                                      
02       for executive clemency; and                                                                                       
03                 (9)  execute other responsibilities prescribed by law.                                                  
04    * Sec. 93. AS 33.16.090(a) is amended to read:                                                                     
05            (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                  
06       days may, in the discretion of the board, be released on discretionary parole if the                              
07       prisoner                                                                                                          
08                 [(1)]  has served the amount of time specified under (b) of this section,                               
09       except that                                                                                                       
10 (1) [(A)]  a prisoner sentenced to one or more mandatory 99-year terms                                              
11 under AS 12.55.125(a) or one or more definite terms under AS 12.55.125(l) is not                                        
12       eligible for consideration for discretionary parole;                                                              
13 (2) [(B)]  a prisoner is not eligible for consideration of discretionary                                            
14       parole if made ineligible by order of a court under AS 12.55.115;                                                 
15 (3) [(C)]  a prisoner imprisoned under AS 12.55.086 is not eligible for                                             
16 discretionary parole unless the actual term of imprisonment is more than one year [;                                    
17       OR                                                                                                                
18 (2)  IS AT LEAST 60 YEARS OF AGE, HAS SERVED AT LEAST                                                                   
19 10 YEARS OF A SENTENCE FOR ONE OR MORE CRIMES IN A SINGLE                                                               
20 JUDGMENT, AND HAS NOT BEEN CONVICTED OF AN UNCLASSIFIED                                                                 
21       FELONY OR A SEXUAL FELONY AS DEFINED IN AS 12.55.185].                                                            
22    * Sec. 94. AS 33.16.090(b) is amended to read:                                                                     
23            (b)  A prisoner eligible under (a) [(a)(1)] of this section who is sentenced                             
24 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                                       
25 released on discretionary parole until the prisoner has served the mandatory minimum                                    
26 term under AS 12.55.125(a) or (b), one-third of the active term of imprisonment                                         
27       imposed, or any term set under AS 12.55.115, whichever is greatest;                                               
28 (2)  to a single sentence within or below a presumptive range set out in                                                
29 AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) [AS 12.55.125(i)(1) AND (2)], and                             
30 has not been allowed by the three-judge panel under AS 12.55.175 to be considered                                       
31 for discretionary parole release, may not be released on discretionary parole until the                                 
01       prisoner has served the term imposed, less good time earned under AS 33.20.010;                                   
02 (3)  to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and                                           
03 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under                                  
04 AS 12.55.175 to be considered for discretionary parole release during the second half                                   
05       of the sentence, may not be released on discretionary parole until                                                
06                      (A)  the prisoner has served that portion of the active term of                                    
07            imprisonment required by the three-judge panel; and                                                          
08                      (B)  in addition to the factors set out in AS 33.16.100(a), the                                    
09            board determines that                                                                                        
10 (i)  the prisoner has successfully completed all                                                                        
11 rehabilitation programs ordered by the three-judge panel that were                                                      
12                 made available to the prisoner; and                                                                     
13 (ii)  the prisoner would not constitute a danger to the                                                                 
14                 public if released on parole;                                                                           
15 (4)  to a single enhanced sentence under AS 12.55.155(a) that is above                                                  
16 the applicable presumptive range may not be released on discretionary parole until the                                  
17       prisoner has served the greater of the following:                                                                 
18 (A)  an amount of time, less good time earned under                                                                     
19 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                           
20            of the amount of time above the presumptive range; or                                                        
21                      (B)  any term set under AS 12.55.115;                                                              
22 (5)  to a single sentence under any other provision of law may not be                                                   
23 released on discretionary parole until the prisoner has served at least one-fourth of the                               
24 active term of imprisonment, any mandatory minimum sentence imposed under any                                           
25       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
26 (6)  to concurrent sentences may not be released on discretionary parole                                                
27       until the prisoner has served the greatest of                                                                     
28 (A)  any mandatory minimum sentence or sentences imposed                                                                
29            under any provision of law;                                                                                  
30                      (B)  any term set under AS 12.55.115; or                                                           
31 (C)  the amount of time that is required to be served under (1) -                                                       
01            (5) of this subsection for the sentence imposed for the primary crime, had that                              
02            been the only sentence imposed;                                                                              
03                 (7)  to consecutive or partially consecutive sentences may not be                                       
04       released on discretionary parole until the prisoner has served the greatest of                                    
05                      (A)  the composite total of any mandatory minimum sentence or                                      
06            sentences imposed under any provision of law, including AS 12.55.127;                                        
07                      (B)  any term set under AS 12.55.115; or                                                           
08                      (C)  the amount of time that is required to be served under (1) -                                  
09            (5) of this subsection for the sentence imposed for the primary crime, had that                              
10 been the only sentence imposed, plus one-quarter of the composite total of the                                          
11 active term of imprisonment imposed as consecutive or partially consecutive                                             
12            sentences imposed for all crimes other than the primary crime [;                                             
13 (8)  TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND                                                                  
14 (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER                                                            
15 AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE,                                                         
16 MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE                                                                   
17 PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED                                                             
18 UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT                                                         
19       IMPOSED].                                                                                                         
20    * Sec. 95. AS 33.16.100(a) is amended to read:                                                                     
21 (a)  The board may authorize the release of a prisoner [CONVICTED OF AN                                                 
22 UNCLASSIFIED FELONY WHO IS OTHERWISE ELIGIBLE UNDER                                                                     
23 AS 12.55.115 AND AS 33.16.090(a)(1)] on discretionary parole if it determines a                                         
24       reasonable probability exists that                                                                                
25 (1)  the prisoner will live and remain at liberty without violating any                                                 
26       laws or conditions imposed by the board;                                                                          
27 (2)  the prisoner's rehabilitation and reintegration into society will be                                               
28       furthered by release on parole;                                                                                   
29 (3)  the prisoner will not pose a threat of harm to the public if released                                              
30       on parole; and                                                                                                    
31 (4)  release of the prisoner on parole would not diminish the                                                           
01       seriousness of the crime.                                                                                         
02    * Sec. 96. AS 33.16.100(b) is amended to read:                                                                     
03 (b)  If the board finds a change in circumstances in a prisoner's parole release                                    
04 plan submitted under AS 33.16.130(a) [PREPAROLE REPORTS LISTED IN                                                   
05 AS 33.16.110(a)], or discovers new information concerning a prisoner who has been                                       
06 granted a parole release date, the board may rescind or revise the previously granted                                   
07 parole release date. In reconsidering the release date, the procedures set out in                                       
08       AS 33.16.130(b) and (c) [AS 33.16.130] shall be followed.                                                     
09    * Sec. 97. AS 33.16.100 is amended by adding a new subsection to read:                                             
10 (h)  If the parole board considers an application for discretionary parole and                                          
11 denies parole because the prisoner does not meet the standards in (a) of this section,                                  
12 the board may make a prisoner ineligible for further consideration of discretionary                                     
13 parole, or may require that additional time be served before the prisoner is again                                      
14       eligible for consideration for discretionary parole.                                                              
15    * Sec. 98. AS 33.16.120(a) is amended to read:                                                                     
16 (a)  If the victim of a crime against a person or arson in the first degree                                             
17 requests notice of a scheduled hearing to review or consider discretionary parole for a                                 
18 prisoner convicted of that crime, the board shall send notice of the hearing to the                                     
19 victim at least 30 days before the hearing. The notice must be accompanied by a copy                                    
20 of the prisoner's application for parole submitted under AS 33.16.130(a) [PAROLE                                    
21 PLAN SUBMITTED TO THE BOARD]. However, the copy of the application                                                  
22 [PAROLE PLAN] sent to the victim may not include the prisoner's [CONFIDENTIAL                                           
23 HEALTH INFORMATION, INFORMATION PROTECTED UNDER                                                                         
24       AS 33.16.170,] proposed residence and [, OR] employment addresses.                                            
25    * Sec. 99. AS 33.16.120(f) is amended to read:                                                                     
26 (f)  Upon request of the victim, if a prisoner is released under AS 33.16.010(c)                                        
27 [OR 33.16.090,] the board shall make every reasonable effort to notify the victim                                       
28 before the prisoner's release date. Notification under this subsection must include the                                 
29 expected date of the prisoner's release, the geographic area in which the prisoner is                                   
30 required to reside, and other pertinent information concerning the prisoner's conditions                                
31       of parole that may affect the victim.                                                                             
01    * Sec. 100. AS 33.16.120(g) is amended to read:                                                                    
02 (g)  A victim of a crime involving domestic violence [OR OF A SEXUAL                                                    
03 ASSAULT UNDER AS 11.41.410 - 11.41.427] shall be informed by the board at least                                         
04 30 days in advance of a scheduled hearing to review or consider discretionary parole                                
05 for a prisoner. The board shall inform the victim of any decision to grant or deny                                      
06 discretionary parole or to release the prisoner under AS 33.16.010(c). If the prisoner                              
07 is to be released, the victim shall be notified of the expected date of the release, the                                
08 geographic area in which the prisoner will reside, and any other information                                            
09 concerning conditions of parole that may affect the victim. The victim shall also be                                    
10 informed of any changes in the conditions of parole that may affect the victim. The                                     
11 board shall send the notice required to the last known address of the victim. A person                                  
12 may not bring a civil action for damages for a failure to comply with the provisions of                                 
13       this subsection.                                                                                                  
14    * Sec. 101. AS 33.16.130 is repealed and reenacted to read:                                                        
15 Sec. 33.16.130. Application for discretionary parole. (a) A prisoner eligible                                         
16 for discretionary parole may apply to the board for discretionary parole. As part of the                                
17 application for parole, the prisoner shall submit to the board a parole release plan that                               
18 includes the prisoner's plan for employment, residence, and other information                                           
19       concerning the prisoner's rehabilitative plans if released on parole.                                             
20 (b)  Before the board determines a prisoner's suitability for discretionary                                             
21 parole, the prisoner is entitled to a hearing before the board. The prisoner shall be                                   
22 furnished a copy of the preparole reports listed in AS 33.16.110, and permitted access                                  
23 to all records that will be considered by the board in making its decision except those                                 
24 that are made confidential by law. The prisoner may also respond in writing to all                                      
25 materials considered by the board, be present at the hearing, and present evidence to                                   
26       the board.                                                                                                        
27 (c)  The board shall issue its decision in writing and provide the basis for a                                          
28       denial of discretionary parole. A copy of the decision shall be provided to the prisoner.                         
29    * Sec. 102. AS 33.16.150(g) is amended to read:                                                                    
30 (g)  In addition to other conditions of parole imposed under this section for a                                         
31 prisoner serving a sentence for an offense where the aggravating factor provided in                                     
01 AS 12.55.155(c)(29) has been proven or admitted, the board shall impose as a                                            
02 condition of special medical, discretionary, and mandatory parole a requirement that                                    
03 the prisoner submit to electronic monitoring. Electronic monitoring under this                                          
04 subsection must [COMPLY WITH AS 33.30.011(a)(10) AND] provide for monitoring                                            
05 of the prisoner's location and movements by Global Positioning System technology.                                       
06 The board shall require a prisoner serving a period of parole with electronic                                           
07 monitoring as provided under this subsection to pay all or a portion of the costs of the                                
08 electronic monitoring, but only if the prisoner has sufficient financial resources to pay                               
09 the costs or a portion of the costs. A prisoner subject to electronic monitoring under                                  
10 this subsection is not entitled to a credit for time served in a correctional facility while                            
11 the defendant is on parole. In this subsection, "correctional facility" has the meaning                                 
12       given in AS 33.30.901.                                                                                            
13    * Sec. 103. AS 33.16.180 is amended to read:                                                                       
14            Sec. 33.16.180. Duties of the commissioner. The commissioner shall                                         
15 (1)  conduct investigations of prisoners eligible for discretionary parole,                                             
16       as requested by the board [AND AS PROVIDED IN THIS SECTION];                                                      
17                 (2)  supervise the conduct of parolees;                                                                 
18                 (3)  appoint and assign parole officers and personnel;                                                  
19 (4)  notify the board and provide information on a prisoner 120 days                                                    
20 before the prisoner's mandatory release date, if the prisoner is to be released on                                      
21       mandatory parole; and                                                                                         
22                 (5)  maintain records, files, and accounts as requested by the board [;                                 
23                 (6)  PREPARE PREPAROLE REPORTS UNDER AS 33.16.110(a);                                                   
24 (7)  NOTIFY THE BOARD IN WRITING OF A PRISONER'S                                                                        
25 COMPLIANCE OR NONCOMPLIANCE WITH THE PRISONER'S CASE PLAN                                                               
26 CREATED UNDER AS 33.30.011(a)(8) NOT LESS THAN 30 DAYS BEFORE THE                                                       
27 PRISONER'S NEXT PAROLE ELIGIBILITY DATE OR THE PRISONER'S                                                               
28       PAROLE HEARING DATE, WHICHEVER IS EARLIER;                                                                        
29 (8)  ESTABLISH AN ADMINISTRATIVE SANCTION AND                                                                           
30 INCENTIVE PROGRAM TO FACILITATE A SWIFT AND CERTAIN RESPONSE                                                            
31 TO A PAROLEE'S COMPLIANCE WITH OR VIOLATION OF THE                                                                      
01 CONDITIONS OF PAROLE AND SHALL ADOPT REGULATIONS TO                                                                     
02 IMPLEMENT THE PROGRAM; AT A MINIMUM, THE REGULATIONS MUST                                                               
03       INCLUDE                                                                                                           
04 (A)  A DECISION-MAKING PROCESS TO GUIDE PAROLE                                                                          
05 OFFICERS IN DETERMINING THE SUITABLE RESPONSE TO                                                                        
06 POSITIVE AND NEGATIVE OFFENDER BEHAVIOR THAT INCLUDES                                                                   
07 A LIST OF SANCTIONS FOR THE MOST COMMON TYPES OF                                                                        
08 NEGATIVE BEHAVIOR, INCLUDING TECHNICAL VIOLATIONS OF                                                                    
09 CONDITIONS OF PAROLE, AND A LIST OF INCENTIVES FOR                                                                      
10 COMPLIANCE WITH CONDITIONS AND POSITIVE BEHAVIOR THAT                                                                   
11            EXCEEDS THOSE CONDITIONS;                                                                                    
12                      (B)  POLICIES AND PROCEDURES THAT ENSURE                                                           
13 (i)  A PROCESS FOR RESPONDING TO NEGATIVE                                                                               
14 BEHAVIOR THAT INCLUDES A REVIEW OF PREVIOUS                                                                             
15                 VIOLATIONS AND SANCTIONS;                                                                               
16 (ii)  THAT ENHANCED SANCTIONS FOR CERTAIN                                                                               
17 NEGATIVE CONDUCT ARE APPROVED BY THE                                                                                    
18                 COMMISSIONER OR THE COMMISSIONER'S DESIGNEE; AND                                                        
19 (iii)  THAT APPROPRIATE DUE PROCESS                                                                                     
20 PROTECTIONS ARE INCLUDED IN THE PROCESS, INCLUDING                                                                      
21 NOTICE OF NEGATIVE BEHAVIOR, AN OPPORTUNITY TO                                                                          
22 DISPUTE THE ACCUSATION AND THE SANCTION, AND AN                                                                         
23 OPPORTUNITY TO REQUEST A REVIEW OF THE                                                                                  
24                 ACCUSATION AND THE SANCTION; AND                                                                        
25 (9)  WITHIN 30 DAYS AFTER SENTENCING OF AN OFFENDER,                                                                    
26 PROVIDE THE VICTIM OF A CRIME INFORMATION ON THE EARLIEST                                                               
27 DATES THE OFFENDER COULD BE RELEASED ON FURLOUGH,                                                                       
28 PROBATION, OR PAROLE, INCLUDING DEDUCTIONS OR REDUCTIONS                                                                
29 FOR GOOD TIME OR OTHER GOOD CONDUCT INCENTIVES, AND THE                                                                 
30 PROCESS FOR RELEASE, INCLUDING CONTACT INFORMATION FOR THE                                                              
31       DECISION-MAKING BODIES].                                                                                          
01    * Sec. 104. AS 33.16.190 is amended to read:                                                                       
02 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and                                                        
03 probation officers. An officer appointed by the commissioner under AS 33.05.020(a)                                    
04 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or                                  
05       this chapter.                                                                                                     
06    * Sec. 105. AS 33.16.210(a) is amended to read:                                                                    
07 (a)  The board may unconditionally discharge a parolee from the jurisdiction                                            
08 and custody of the board after the parolee has completed two years [ONE YEAR] of                                    
09 parole. A discretionary parolee with a residual period of probation may, after two                                  
10 years [ONE YEAR] of parole, be discharged by the board to immediately begin                                         
11       serving the residual period of probation.                                                                         
12    * Sec. 106. AS 33.16.210(b) is amended to read:                                                                    
13 (b)  Notwithstanding (a) of this section, the board may unconditionally                                                 
14 discharge a mandatory parolee before the parolee has completed two years [ONE                                       
15 YEAR] of parole if the parolee is serving a concurrent period of residual probation                                     
16 under AS 33.20.040(c), and the period of residual probation and the period of                                           
17       suspended imprisonment each equal or exceed the period of mandatory parole.                                       
18    * Sec. 107. AS 33.16.220(b) is amended to read:                                                                    
19 (b)  Except as provided in (e) of this section, within 15 working days after the                                        
20 arrest and incarceration of a parolee for violation of a condition of parole, [OTHER                                    
21 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215,] the board or its                                                        
22 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its                                 
23 designee shall determine if there is probable cause to believe that the parolee violated                                
24 the conditions of parole and, when probable cause exists, whether the parolee should                                    
25 be released pending a final revocation hearing. A finding of probable cause at a                                        
26 preliminary hearing in a criminal case is conclusive proof of probable cause that a                                     
27       parole violation occurred.                                                                                        
28    * Sec. 108. AS 33.16.220(f) is amended to read:                                                                    
29 (f)  The [IF A PAROLEE HAS HAD A PRELIMINARY HEARING UNDER                                                          
30 (b) OF THIS SECTION, THE] board shall hold a final revocation hearing not later                                         
31 than 120 days after a parolee's arrest, subject to restrictions arising under                                           
01       AS 33.36.110 and (g) of this section.                                                                             
02    * Sec. 109. AS 33.16.220(i) is amended to read:                                                                    
03 (i)  If, after the final revocation hearing, the board finds that the parolee has                                       
04 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                                  
05 ordinance, the board may revoke all or a portion of the [REMAINING PERIOD OF]                                           
06 parole [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215], or change any                                                   
07 condition of parole. [A PAROLEE'S PERIOD OF PAROLE IS TOLLED FROM THE                                                   
08 DATE OF FILING WITH THE PAROLE BOARD OF A VIOLATION REPORT                                                              
09 FOR ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE                                                             
10 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE                                                                   
11 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE                                                       
12 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE                                                                    
13 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE                                                                
14 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN                                                                 
15       TOLLED AS DESCRIBED IN THIS SECTION.]                                                                             
16    * Sec. 110. AS 33.20.010(c) is repealed and reenacted to read:                                                     
17 (c)  A prisoner may not be awarded a good time deduction under (a) of this                                              
18 section for any period spent in a treatment program, in a private residence, or while                                   
19       under electronic monitoring.                                                                                      
20    * Sec. 111. AS 33.30.011(a) is amended to read:                                                                    
21            (a)  The commissioner shall                                                                                  
22 (1)  establish, maintain, operate, and control correctional facilities                                                  
23 suitable for the custody, care, and discipline of persons charged or convicted of                                       
24 offenses against the state or held under authority of state law; each correctional facility                             
25 operated by the state shall be established, maintained, operated, and controlled in a                                   
26       manner that is consistent with AS 33.30.015;                                                                      
27                 (2)  classify prisoners;                                                                                
28 (3)  for persons committed to the custody of the commissioner,                                                          
29       establish programs, including furlough programs that are reasonably calculated to                                 
30 (A)  protect the public and the victims of crimes committed by                                                          
31            prisoners;                                                                                                   
01                      (B)  maintain health;                                                                              
02                      (C)  create or improve occupational skills;                                                        
03                      (D)  enhance educational qualifications;                                                           
04                      (E)  support court-ordered restitution; and                                                        
05                      (F)  otherwise provide for the rehabilitation and reformation of                                   
06            prisoners, facilitating their reintegration into society;                                                    
07                 (4)  provide necessary                                                                                  
08                      (A)  medical services for prisoners in correctional facilities or                                  
09            who are committed by a court to the custody of the commissioner, including                                   
10            examinations for communicable and infectious diseases;                                                       
11 (B)  psychological or psychiatric treatment if a physician or                                                           
12 other health care provider, exercising ordinary skill and care at the time of                                           
13            observation, concludes that                                                                                  
14 (i)  a prisoner exhibits symptoms of a serious disease or                                                               
15                 injury that is curable or may be substantially alleviated; and                                          
16 (ii)  the potential for harm to the prisoner by reason of                                                               
17                 delay or denial of care is substantial; and                                                             
18 (C)  assessment or screening of the risks and needs of offenders                                                        
19 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                                         
20 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                               
21            disorder;                                                                                                    
22 (5)  establish minimum standards for sex offender treatment programs                                                    
23       offered to persons who are committed to the custody of the commissioner;                                          
24 (6)  provide for fingerprinting in correctional facilities in accordance                                                
25       with AS 12.80.060; and                                                                                        
26 (7)  establish a program to conduct assessments of the risks and needs                                                  
27 of offenders sentenced to serve a term of incarceration of 30 days or more and provide                                  
28 to the legislature, by electronic means, by January 15, 2017, and thereafter by                                         
29 January 15, preceding the first regular session of each legislature, a report                                           
30 summarizing the findings and results of the program [; THE PROGRAM MUST                                                 
31 INCLUDE A REQUIREMENT FOR AN ASSESSMENT BEFORE A PRISONER'S                                                             
01       RELEASE ON PAROLE, FURLOUGH, OR ELECTRONIC MONITORING FROM                                                        
02       A CORRECTIONAL FACILITY;                                                                                          
03                 (8)  ESTABLISH A PROCEDURE THAT PROVIDES FOR EACH                                                       
04       PRISONER REQUIRED TO SERVE AN ACTIVE TERM OF IMPRISONMENT OF                                                      
05       30 DAYS OR MORE A WRITTEN CASE PLAN THAT                                                                          
06                      (A)  IS PROVIDED TO THE PRISONER WITHIN 90 DAYS                                                    
07            AFTER SENTENCING;                                                                                            
08                      (B)  IS BASED ON THE RESULTS OF THE ASSESSMENT                                                     
09            OF THE PRISONER'S RISKS AND NEEDS UNDER (7) OF THIS                                                          
10            SUBSECTION;                                                                                                  
11 (C)  INCLUDES A REQUIREMENT TO FOLLOW THE                                                                               
12            RULES OF THE INSTITUTION;                                                                                    
13 (D)  IS MODIFIED WHEN NECESSARY FOR CHANGES IN                                                                          
14 CLASSIFICATION, HOUSING STATUS, MEDICAL OR MENTAL                                                                       
15            HEALTH, AND RESOURCE AVAILABILITY;                                                                           
16 (E)  INCLUDES PARTICIPATION IN PROGRAMMING                                                                              
17            THAT ADDRESSES THE NEEDS IDENTIFIED IN THE ASSESSMENT;                                                       
18 (9)  ESTABLISH A PROGRAM TO BEGIN REENTRY PLANNING                                                                      
19 WITH EACH PRISONER SERVING AN ACTIVE TERM OF IMPRISONMENT                                                               
20 OF 90 DAYS OR MORE; REENTRY PLANNING MUST BEGIN AT LEAST 90                                                             
21 DAYS BEFORE RELEASE ON FURLOUGH OR PROBATION OR PAROLE; THE                                                             
22       REENTRY PROGRAM MUST INCLUDE                                                                                      
23 (A)  A WRITTEN REENTRY PLAN FOR EACH PRISONER                                                                           
24 COMPLETED UPON RELEASE ON FURLOUGH OR PROBATION OR                                                                      
25 PAROLE THAT INCLUDES INFORMATION ON THE PRISONER'S                                                                      
26            PROPOSED                                                                                                     
27                           (i)  RESIDENCE;                                                                               
28 (ii)  EMPLOYMENT OR ALTERNATIVE MEANS OF                                                                                
29                 SUPPORT;                                                                                                
30                           (iii)  TREATMENT OPTIONS;                                                                     
31                           (iv)  COUNSELING SERVICES;                                                                    
01                           (v)  EDUCATION OR JOB TRAINING SERVICES;                                                      
02 (B)  ANY OTHER REQUIREMENTS FOR SUCCESSFUL                                                                              
03 TRANSITION BACK TO THE COMMUNITY, INCLUDING                                                                             
04 ELECTRONIC MONITORING OR FURLOUGH FOR THE PERIOD                                                                        
05 BETWEEN A SCHEDULED PAROLE HEARING AND PAROLE                                                                           
06            ELIGIBILITY;                                                                                                 
07 (C)  COORDINATION WITH THE DEPARTMENT OF                                                                                
08 LABOR AND WORKFORCE DEVELOPMENT TO PROVIDE ACCESS,                                                                      
09 AFTER RELEASE, TO JOB TRAINING AND EMPLOYMENT                                                                           
10            ASSISTANCE;                                                                                                  
11 (10)  FOR OFFENDERS UNDER ELECTRONIC MONITORING,                                                                        
12       ESTABLISH                                                                                                         
13 (A)  MINIMUM STANDARDS FOR ELECTRONIC                                                                                   
14 MONITORING, WHICH MAY INCLUDE THE REQUIREMENT OF                                                                        
15 ACTIVE, REAL-TIME MONITORING USING GLOBAL POSITIONING                                                                   
16            SYSTEMS; AND                                                                                                 
17 (B)  PROCEDURES FOR OVERSIGHT AND APPROVING                                                                             
18 ELECTRONIC MONITORING PROGRAMS AND SYSTEMS PROVIDED                                                                     
19            BY PRIVATE CONTRACTORS; AND                                                                                  
20 (11)  ASSIST A PRISONER IN OBTAINING A VALID STATE                                                                      
21 IDENTIFICATION CARD IF THE PRISONER DOES NOT HAVE A VALID                                                               
22 STATE IDENTIFICATION CARD BEFORE THE PRISONER'S RELEASE; THE                                                            
23 DEPARTMENT SHALL PAY THE APPLICATION FEE FOR THE                                                                        
24       IDENTIFICATION CARD].                                                                                             
25    * Sec. 112. AS 33.30.013(a) is amended to read:                                                                    
26            (a)  The commissioner shall notify the victim if the offender                                                
27                 [(1)]  escapes from custody [;                                                                          
28                 (2)  IS DISCHARGED FROM PAROLE UNDER AS 33.16;] or                                                      
29 [(3)]  is released to the community on a furlough, on an early release                                                  
30       program, or for any other reason.                                                                                 
31    * Sec. 113. AS 33.30.065(a) is amended to read:                                                                    
01 (a)  If the commissioner designates a prisoner to serve the prisoner's term of                                          
02 imprisonment or period of temporary commitment, or a part of the term or period, by                                     
03 electronic monitoring, the commissioner shall direct the prisoner to serve the term or                                  
04 period at the prisoner's residence or other place selected by the commissioner. The                                     
05 electronic monitoring shall be administered by the department [OR BY A PRIVATE                                          
06 CONTRACTOR APPROVED BY THE DEPARTMENT UNDER                                                                             
07 AS 33.30.011(a)(10)(B)] and shall be designed so that any attempt to remove, tamper                                     
08 with, or disable the monitoring equipment or to leave the place selected for the service                                
09       of the term or period will result in a report or notice to the department.                                        
10    * Sec. 114. AS 33.30.151 is amended to read:                                                                       
11 Sec. 33.30.151. Correctional restitution centers. (a) The commissioner shall                                          
12 establish correctional restitution centers in the state. The purpose of the centers is to                               
13 provide certain offenders with rehabilitation through [COMPREHENSIVE                                                    
14 TREATMENT FOR SUBSTANCE ABUSE, COGNITIVE BEHAVIORAL                                                                     
15 DISORDERS, AND OTHER CRIMINAL RISK FACTORS, INCLUDING                                                                   
16 AFTERCARE SUPPORT,] community service [,] and employment [,] while                                                      
17 protecting the community through partial incarceration of the offender, and to create a                                 
18       means to provide restitution to victims of crimes.                                                                
19 (b)  The commissioner shall adopt regulations setting standards for the                                                 
20       operation of the centers including                                                                                
21 (1)  requirements that the centers be secure and in compliance with                                                     
22       state and local safety laws;                                                                                      
23 (2)  standards for disciplinary rules to be imposed on prisoners confined                                               
24       to the centers;                                                                                                   
25 (3)  standards for the granting of emergency absence to prisoners                                                       
26       confined to the centers;                                                                                          
27                 (4)  standards for classifying prisoners to centers;                                                    
28 (5)  standards for mandatory employment and participation in                                                            
29       community service programs in each center; and                                                                
30 (6)  standards for periodic review of the performance of prisoners                                                      
31 confined to the centers [AND QUALITY ASSURANCE MEASURES TO ENSURE                                                       
01 CENTERS ARE MEETING STATE STANDARDS AND CONTRACTUAL                                                                     
02       OBLIGATIONS;                                                                                                      
03 (7)  STANDARDS FOR THE PROVISION OF TREATMENT,                                                                          
04 INCLUDING SUBSTANCE ABUSE TREATMENT, COGNITIVE BEHAVIORAL                                                               
05 THERAPY, AND AFTERCARE DESIGNED TO ADDRESS AN OFFENDER'S                                                                
06       INDIVIDUAL CRIMINOGENIC NEEDS; AND                                                                                
07 (8)  STANDARDS AND A PROCESS TO ASSESS AN                                                                               
08 OFFENDER'S RISK OF RECIDIVATING AND THE CRIMINAL RISK FACTORS                                                           
09 AND NEEDS THAT REDUCE THE RISK OF RECIDIVATING AND ENSURE                                                               
10       THAT                                                                                                              
11 (A)  HIGH RISK OFFENDERS WITH MODERATE TO                                                                               
12 HIGH NEEDS ARE A PRIORITY FOR ACCEPTANCE INTO A                                                                         
13            CORRECTIONAL RESTITUTION CENTER; AND                                                                         
14 (B)  CENTERS ESTABLISH INTERNAL PROCEDURES TO                                                                           
15            LIMIT THE MIXING OF LOW AND HIGH RISK PRISONERS].                                                            
16    * Sec. 115. AS 34.03.360(7) is amended to read:                                                                    
17 (7)  "illegal activity involving a controlled substance" means a violation                                              
18 of AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4)                              
19       - (8)], or 11.71.040(a)(1), (2), or (5);                                                                          
20    * Sec. 116. 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)(1) or (4) [11.66.130(a)(2)(A) or (D)];                              
23    * Sec. 117. AS 43.61.010(f) is amended to read:                                                                    
24 (f)  The marijuana education and treatment fund is established in the general                                           
25 fund. The [IN ADDITION TO THE ACCOUNTING UNDER (c) OF THIS                                                          
26 SECTION, THE] Department of Administration shall separately account for 25                                              
27 percent of the tax collected under this section and deposit it into the marijuana                                       
28 education and treatment fund. The Department of Administration shall deposit interest                                   
29 earned on the fund into the general fund. Money in the fund does not lapse. The                                         
30 legislature may use the annual estimated balance in the fund to make appropriations to                                  
31 the Department of Health and Social Services for the comprehensive marijuana use                                        
01       education and treatment program established under AS 44.29.020(a)(17).                                            
02    * Sec. 118. AS 44.19.645(a) is amended to read:                                                                    
03 (a)  The commission shall evaluate the effect of sentencing laws and criminal                                           
04 justice practices on the criminal justice system to evaluate whether those sentencing                                   
05 laws and criminal justice practices provide for protection of the public, community                                     
06 condemnation of the offender, the rights of victims of crimes, the rights of the accused                                
07 and the person convicted, restitution from the offender, and the principle of                                           
08 reformation. The commission shall make recommendations for improving criminal                                           
09 sentencing practices and criminal justice practices, including rehabilitation and                                       
10 restitution. [THE COMMISSION SHALL ANNUALLY MAKE                                                                        
11 RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE ON                                                                  
12 HOW SAVINGS FROM CRIMINAL JUSTICE REFORMS SHOULD BE                                                                     
13 REINVESTED TO REDUCE RECIDIVISM.] In formulating its recommendations,                                                   
14       the commission shall consider                                                                                     
15 (1)  statutes, court rules, and court decisions relevant to sentencing of                                               
16       criminal defendants in misdemeanor and felony cases;                                                              
17 (2)  sentencing practices of the judiciary, including use of presumptive                                                
18       sentences;                                                                                                        
19 (3)  means of promoting uniformity, proportionality, and accountability                                                 
20       in sentencing;                                                                                                    
21                 (4)  alternatives to traditional forms of incarceration;                                                
22 (5)  the efficacy of parole and probation in ensuring public safety,                                                    
23       achieving rehabilitation, and reducing recidivism;                                                                
24 (6)  the adequacy, availability, and effectiveness of treatment and                                                     
25       rehabilitation programs;                                                                                          
26 (7)  crime and incarceration rates, including the rate of violent crime                                                 
27 and the abuse of controlled substances, in this state compared to other states, and best                                
28 practices adopted by other states that have proven to be successful in reducing                                         
29       recidivism;                                                                                                       
30 (8)  the relationship between sentencing priorities and correctional                                                    
31       resources;                                                                                                        
01                 (9)  the effectiveness of the state's current methodologies for the                                     
02       collection and dissemination of criminal justice data; and                                                        
03                 (10)  whether the schedules for controlled substances in AS 11.71.140 -                                 
04       11.71.190 are reasonable and appropriate, considering the criteria established in                                 
05       AS 11.71.120(c).                                                                                                  
06    * Sec. 119. AS 44.19.647(a) is amended to read:                                                                    
07            (a)  The commission shall submit to the governor and the legislature an annual                               
08       report [. THE REPORT MUST INCLUDE                                                                                 
09                 (1)  A DESCRIPTION] of its proceedings for the previous calendar                                        
10       year and may submit [;                                                                                        
11 (2)  A SUMMARY OF SAVINGS AND RECOMMENDATIONS ON                                                                        
12 HOW SAVINGS FROM CRIMINAL JUSTICE REFORM SHOULD BE                                                                      
13       REINVESTED TO REDUCE RECIDIVISM;                                                                                  
14 (3)  PERFORMANCE METRICS AND OUTCOMES FROM THE                                                                          
15 RECOMMENDATIONS THE COMMISSION MADE IN ITS DECEMBER 2015                                                                
16       REPORT, INCLUDING RECIDIVISM RATES, DEFINED AS                                                                    
17 (A)  THE PERCENTAGE OF INMATES WHO RETURN TO                                                                            
18 PRISON WITHIN THREE YEARS AFTER RELEASE, BROKEN DOWN                                                                    
19            BY OFFENSE TYPE AND RISK LEVEL; AND                                                                          
20 (B)  THE PERCENTAGE OF INMATES WHO RETURN TO                                                                            
21 PRISON WITHIN THREE YEARS AFTER RELEASE FOR A NEW                                                                       
22 CRIMINAL CONVICTION, BROKEN DOWN BY OFFENSE TYPE AND                                                                    
23            RISK LEVEL; AND                                                                                              
24 (4)  RECOMMENDATIONS FOR ADDITIONAL REFORMS,                                                                            
25 WHICH MAY INCLUDE] recommendations for legislative and administrative action.                                           
26 Reports and recommendations provided under this section shall be submitted not                                      
27       later than February 1 of each year.                                                                           
28    * Sec. 120. AS 44.66.010(a)(12) is amended to read:                                                                
29 (12)  Alaska Criminal Justice Commission (AS 44.19.641) - June 30,                                                  
30       2019 [JUNE 30, 2021];                                                                                         
31    * Sec. 121. AS 47.12.315(a) is amended to read:                                                                    
01 (a)  Notwithstanding AS 47.12.310 and except as otherwise provided in this                                              
02 section, the department shall disclose information to the public, on request, concerning                                
03 a minor subject to this chapter who was at least 13 years of age at the time of                                         
04       commission of                                                                                                     
05                 (1)  a felony offense against a person under AS 11.41;                                                  
06                 (2)  arson in the first or second degree;                                                               
07                 (3)  burglary in the first degree;                                                                      
08                 (4)  distribution of child pornography;                                                                 
09                 (5)  sex trafficking in the first degree;                                                               
10 (6)  misconduct involving a controlled substance in the first, [OR]                                                 
11       second, or third degrees involving distribution or possession with intent to deliver; or                      
12                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
13    * Sec. 122. AS 47.37.040 is amended to read:                                                                       
14            Sec. 47.37.040. Duties of department. The department shall                                                 
15 (1)  develop, encourage, and foster statewide, regional, and local plans                                                
16 and programs for the prevention of alcoholism and drug abuse and treatment of                                           
17 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with                                 
18 public and private agencies, organizations, and individuals, and provide technical                                      
19       assistance and consultation services for these purposes;                                                          
20 (2)  coordinate the efforts and enlist the assistance of all public and                                                 
21 private agencies, organizations, and individuals interested in prevention of alcoholism,                                
22 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug                                  
23       abusers, and inhalant abusers;                                                                                    
24 (3)  cooperate with the Department of Corrections in establishing and                                                   
25 conducting programs to provide treatment for alcoholics, intoxicated persons, drug                                      
26       abusers, and inhalant abusers in or on parole from penal institutions;                                            
27 (4)  cooperate with the Department of Education and Early                                                               
28 Development, school boards, schools, police departments, courts, and other public and                                   
29 private agencies, organizations, and individuals in establishing programs for the                                       
30 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics,                                  
31 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum                                       
01       materials for use at all levels of school education;                                                              
02                 (5)  prepare, publish, evaluate, and disseminate educational material                                   
03       dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous                             
04       volatile substances;                                                                                              
05 (6)  develop and implement, as an integral part of treatment programs,                                                  
06 an educational program for use in the treatment of alcoholics, intoxicated persons,                                     
07 drug abusers, and inhalant abusers that includes the dissemination of information                                       
08 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances;                                 
09 (7)  organize and foster training programs for all persons engaged in                                                   
10 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and                                   
11 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant                                  
12       abuse workers;                                                                                                    
13 (8)  sponsor and encourage research into the causes and nature of                                                       
14 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics,                                            
15 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse                                   
16       for information relating to alcoholism, drug abuse, and inhalant abuse;                                           
17 (9)  specify uniform methods for keeping statistical information by                                                     
18 public and private agencies, organizations, and individuals, and collect and make                                       
19 available relevant statistical information, including number of persons treated,                                        
20       frequency of admission and readmission, and frequency and duration of treatment;                                  
21 (10)  conduct program planning activities approved by the Advisory                                                      
22       Board on Alcoholism and Drug Abuse;                                                                               
23 (11)  review all state health, welfare, and treatment plans to be                                                       
24 submitted for federal funding, and advise the commissioner on provisions to be                                          
25 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant                                        
26       abusers;                                                                                                          
27 (12)  assist in the development of, and cooperate with, alcohol, drug                                                   
28 abuse, and inhalant abuse education and treatment programs for employees of state                                       
29       and local governments and businesses and industries in the state;                                                 
30 (13)  use the support and assistance of interested persons in the                                                       
31 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to                                    
01 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo                                         
02       treatment;                                                                                                        
03 (14)  cooperate with the Department of Public Safety and the                                                            
04 Department of Transportation and Public Facilities in establishing and conducting                                       
05 programs designed to deal with the problem of persons operating motor vehicles while                                    
06 under the influence of an alcoholic beverage, inhalant, or controlled substance, and                                    
07 develop and approve alcohol information courses required to be taken by drivers under                                   
08 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic                                
09       laws;                                                                                                             
10 (15)  encourage hospitals and other appropriate health facilities to                                                    
11 admit without discrimination alcoholics, intoxicated persons, drug abusers, and                                         
12       inhalant abusers and to provide them with adequate and appropriate treatment;                                     
13 (16)  encourage all health insurance programs to include alcoholism                                                     
14       and drug abuse as a covered illness;                                                                              
15 (17)  prepare an annual report covering the activities of the department                                                
16       and notify the legislature that the report is available;                                                          
17 (18)  develop and implement a training program on alcoholism and                                                        
18 drug abuse for employees of state and municipal governments, and private institutions;                                  
19 (19)  develop curriculum materials on drug and alcohol abuse and the                                                    
20 misuse of hazardous volatile substances for use in grades kindergarten through 12, as                                   
21 well as a course of instruction for teachers to be charged with presenting the                                          
22       curriculum;                                                                                                       
23 (20)  develop and implement or designate, in cooperation with other                                                     
24 state or local agencies, a juvenile alcohol safety action program that provides alcohol                                 
25 and substance abuse screening, referral, and monitoring of persons under 18 years of                                    
26       age who have been referred to it by                                                                               
27 (A)  a court in connection with a charge or conviction of a                                                             
28 violation or misdemeanor related to the use of alcohol or a controlled                                                  
29            substance;                                                                                                   
30 (B)  the agency responsible for the administration of motor                                                             
31 vehicle laws in connection with a license action related to the use of alcohol or                                       
01            a controlled substance; or                                                                                   
02 (C)  department staff after a delinquency adjudication that is                                                          
03            related to the use of alcohol or a controlled substance;                                                     
04 (21)  develop and implement, or designate, in cooperation with other                                                    
05 state or local agencies, an alcohol safety action program that provides alcohol and                                     
06 substance abuse screening, referral, and monitoring services to persons who have been                                   
07 referred by a court in connection with a charge or conviction of a misdemeanor                                          
08 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a                                      
09 controlled substance, referred by a court [OR] under AS 28.35.028 [AS 04.16.049                                 
10 OR 04.16.050] or referred by an agency of the state with the responsibility for                                         
11 administering motor vehicle laws in connection with a driver's license action involving                                 
12       the use of alcohol or a controlled substance;                                                                     
13 (22)  whenever possible, apply evidence-based, research-based, and                                                      
14 consensus-based substance abuse and co-occurring substance abuse and mental health                                      
15 disorders treatment practices and remove barriers that prevent the use of those                                         
16       practices;                                                                                                        
17 (23)  collaborate with first responders, hospitals, schools, primary care                                               
18 providers, developmental disability treatment providers, law enforcement, corrections,                                  
19 attorneys, the Alaska Court System, community behavioral treatment providers,                                           
20 Alaska Native organizations, and federally funded programs in implementing                                              
21       programs for co-occurring substance abuse and mental health disorders treatment.                                  
22    * Sec. 123. AS 47.38.020 is amended to read:                                                                       
23 Sec. 47.38.020. Alcohol and substance abuse monitoring program. (a) The                                               
24 commissioner, in cooperation with the commissioner of corrections, shall establish a                                    
25 program [USING A COMPETITIVE PROCUREMENT PROCESS] for certain                                                           
26 persons with release conditions ordered as provided under AS 12.30, or offenders with                                   
27 conditions of probation, that include not consuming controlled substances or alcoholic                                  
28       beverages.                                                                                                        
29 (b)  The commissioner shall adopt regulations to implement the program.                                                 
30 [THE REGULATIONS MUST INCLUDE REGULATIONS REGARDING                                                                     
31 PRODUCTS AND SERVICES THAT PROVIDE ALCOHOL AND SUBSTANCE                                                                
01       ABUSE MONITORING.]                                                                                                
02            (c)  The commissioner shall include in the program                                                           
03                 (1)  a requirement for twice-a-day testing, [EITHER REMOTELY OR]                                        
04       in person if practicable, for alcoholic beverage use and random testing for controlled                        
05       substances;                                                                                                       
06 (2)  a means to provide the probation officer, prosecutor's office, or                                                  
07 local law enforcement agency with notice within 24 hours, so that a complaint may be                                    
08 filed alleging a violation of AS 11.56.757, a petition may be filed with the court                                      
09 seeking appropriate sanctions and may be scheduled by the court for a prompt hearing,                                   
10 or an arrest warrant may be issued for the person on release or offender with                                           
11       conditions of probation provided in this subsection, if the person or offender                                    
12 (A)  fails to appear for an appointment [OR FAILS TO                                                                    
13 COMPLETE A TEST THROUGH THE USE OF REMOTE ALCOHOL OR                                                                    
14 SUBSTANCE ABUSE MONITORING TECHNOLOGY] as required by the                                                               
15            program requirements; or                                                                                     
16 (B)  tests positive for the use of controlled substances or                                                             
17            alcoholic beverages; and                                                                                     
18 (3)  a requirement that the person or offender pay, based on the person's                                               
19 or offender's ability under financial guidelines established by the commissioner, for                                   
20       the cost of participating in the program.                                                                         
21 (d)  The department shall [CONTRACT WITH ONE OR MORE VENDORS                                                            
22 USING A COMPETITIVE PROCUREMENT PROCESS IN ACCORDANCE WITH                                                              
23 AS 36.30 (STATE PROCUREMENT CODE) TO] provide or conduct the testing                                                    
24       required under (c) of this section.                                                                               
25    * Sec. 124. AS 47.38.100(a) is amended to read:                                                                    
26 (a)  The recidivism reduction program is established to promote the                                                     
27 rehabilitation through transitional re-entry programs of persons [ON PROBATION                                      
28 OR PAROLE OR] incarcerated for offenses and recently released from correctional                                         
29       facilities.                                                                                                       
30    * Sec. 125. AS 47.38.100(b) is amended to read:                                                                    
31 (b)  The commissioner, in cooperation with the commissioner of corrections                                          
01 [ALASKA CRIMINAL JUSTICE COMMISSION ESTABLISHED IN                                                                      
02 AS 44.19.641], may provide for programs that have, as a primary focus, rehabilitation                                   
03 and reduction of recidivism through transitional re-entry for persons [ON                                           
04 PROBATION OR PAROLE OR] incarcerated for offenses and recently released from                                            
05 correctional facilities. The commissioner may enter into contracts to provide for                                       
06 programs under this section. A [AN ELIGIBLE] program under this section must                                        
07       [ACCOMPLISH AT LEAST ONE OF THE FOLLOWING OBJECTIVES:]                                                            
08                 (1)  include case management;                                                                       
09                 (2)  require sober living;                                                                          
10 (3)  provide, on-site or by referral, treatment for substance abuse                                                 
11       or mental health treatment;                                                                                   
12 (4)  require employment, educational programming, vocational                                                        
13 training, or community volunteer work as approved by the director of the                                            
14       treatment program; and                                                                                        
15 (5)  limit residential placements in the program to a maximum of                                                    
16 one year [INCREASING ACCESS TO EVIDENCE-BASED REHABILITATION                                                        
17 PROGRAMS, INCLUDING DRUG AND ALCOHOL TREATMENT, MENTAL                                                                  
18       HEALTH TREATMENT, AND COGNITIVE BEHAVIORAL PROGRAMS; OR                                                           
19 (2)  SUPPORTING OFFENDERS' TRANSITION AND RE-ENTRY                                                                      
20 FROM CORRECTIONAL FACILITIES TO THE COMMUNITY, INCLUDING                                                                
21 TRANSITIONAL HOUSING SERVICES, EMPLOYMENT SERVICES,                                                                     
22 VOCATIONAL TRAINING, EDUCATIONAL SUPPORT, COUNSELING, AND                                                               
23       MEDICAL CARE].                                                                                                    
24    * Sec. 126. Section 35, ch. 83, SLA 2014, as amended by sec. 177, ch. 36, SLA 2016, is                             
25 amended to read:                                                                                                        
26            Sec. 35. AS 22.20.210 is repealed June 30, 2019 [JUNE 30, 2021].                                         
27    * Sec. 127. The uncodified law of the State of Alaska is amended by adding a new section                           
28 to read:                                                                                                                
29 REPEAL OF COURT RULES. Rules 38(d) and (e), Alaska Rules of Criminal                                                    
30 Procedure, are repealed.                                                                                                
31    * Sec. 128. AS 09.55.700; AS 11.46.980(d), 11.46.982; AS 11.56.730(e); AS 11.66.100(c),                            
01 11.66.150(1); AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6),                                    
02 11.71.030(a)(7), 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11),                                         
03 11.71.050(a)(4); AS 12.25.180(c), 12.25.190(d); AS 12.30.055(b); AS 12.55.011(b),                                       
04 12.55.027(f), 12.55.027(g), 12.55.055(g), 12.55.055(h), 12.55.078, 12.55.090(g),                                        
05 12.55.090(h), 12.55.090(i), 12.55.090(j), 12.55.090(k), 12.55.090(l), 12.55.090(m),                                     
06 12.55.090(n), 12.55.100(a)(1), 12.55.100(a)(2)(H), 12.55.110(c), 12.55.110(d), 12.55.110(e),                            
07 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n),                                     
08 12.55.135(o), 12.55.135(p), 12.55.145(a)(5); AS 12.61.016, 12.61.017(d); AS 22.35.030(4);                               
09 AS 28.15.165(e), 28.15.201(g), 28.15.201(h), 28.15.201(i), 28.15.201(j); AS 29.25.070(g);                               
10 AS 33.05.020(g), 33.05.020(h), 33.05.080(1); AS 33.07.010, 33.07.020, 33.07.030,                                        
11 33.07.040, 33.07.090; AS 33.16.100(f), 33.16.100(g), 33.16.110(a)(9), 33.16.110(a)(10),                                 
12 33.16.150(h), 33.16.150(i), 33.16.210(c), 33.16.215, 33.16.220(j), 33.16.240(h), 33.16.240(i),                          
13 33.16.270, 33.16.900(2); AS 33.20.010(a)(4); AS 33.30.095; AS 43.23.140(b)(9);                                          
14 AS 43.61.010(c), 43.61.010(d), 43.61.010(e); AS 44.19.645(b)(3), 44.19.645(b)(4),                                       
15 44.19.645(c), 44.19.645(d), 44.19.645(e), 44.19.645(f), 44.19.645(g), 44.19.647(b);                                     
16 AS 47.27.015(i); AS 47.37.130(h)(3), 47.37.130(k); and AS 47.38.100(d) are repealed.                                    
17    * Sec. 129. The uncodified law of the State of Alaska is amended by adding a new section                           
18 to read:                                                                                                                
19 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
20 the effective date of those sections:                                                                                   
21 (1)  AS 11.46.130(a), as amended by sec. 4 of this Act;                                                                 
22 (2)  AS 11.46.140(a), as amended by sec. 5 of this Act;                                                                 
23 (3)  AS 11.46.150(a), as amended by sec. 6 of this Act;                                                                 
24 (4)  AS 11.46.220(c), as amended by sec. 7 of this Act;                                                                 
25 (5)  AS 11.46.260(b), as amended by sec. 8 of this Act;                                                                 
26 (6)  AS 11.46.270(b), as amended by sec. 9 of this Act;                                                                 
27            (7)  AS 11.46.280(d), as amended by sec. 10 of this Act;                                                     
28            (8)  AS 11.46.285(b), as amended by sec. 11 of this Act;                                                     
29            (9)  AS 11.46.295, as amended by sec. 12 of this Act;                                                        
30            (10)  AS 11.46.360(a), as amended by sec. 13 of this Act;                                                    
31            (11)  AS 11.46.420(a), as amended by sec. 14 of this Act;                                                    
01            (12)  AS 11.46.460, as amended by sec. 15 of this Act;                                                       
02 (13)  AS 11.46.482(a), as amended by sec. 16 of this Act;                                                               
03 (14)  AS 11.46.484(a), as amended by sec. 17 of this Act;                                                               
04 (15)  AS 11.46.486(a), as amended by sec. 18 of this Act;                                                               
05            (16)  AS 11.46.530(b), as amended by sec. 19 of this Act;                                                    
06            (17)  AS 11.46.620(d), as amended by sec. 20 of this Act;                                                    
07            (18)  AS 11.46.730(c), as amended by sec. 21 of this Act;                                                    
08            (19)  AS 11.56.730(d), as amended by sec. 23 of this Act;                                                    
09            (20)  AS 11.56.757(b), as amended by sec. 24 of this Act;                                                    
10 (21)  AS 11.61.110(c), as amended by sec. 25 of this Act;                                                               
11 (22)  AS 11.61.150(c), as amended by sec. 28 of this Act;                                                               
12 (23)  AS 11.66.110(a), as amended by sec. 29 of this Act;                                                               
13 (24)  AS 11.66.130(a), as amended by sec. 30 of this Act;                                                               
14 (25)  AS 11.66.135(a), as amended by sec. 31 of this Act;                                                               
15 (26)  AS 11.66.200(c), as amended by sec. 32 of this Act;                                                               
16            (27)  AS 11.71.021, enacted by sec. 33 of this Act;                                                          
17 (28)  AS 11.71.030(a), as amended by sec. 34 of this Act;                                                               
18 (29)  AS 11.71.030(d), as amended by sec. 35 of this Act;                                                               
19 (30)  AS 11.71.040(a), as amended by sec. 36 of this Act;                                                               
20 (31)  AS 11.71.040(d), as amended by sec. 37 of this Act;                                                               
21            (32)  AS 11.71.050, as amended by sec. 38 of this Act;                                                       
22            (33)  AS 11.71.060, as amended by sec. 39 of this Act;                                                       
23            (34)  AS 28.15.291(a), as repealed and reenacted by sec. 81 of this Act;                                     
24            (35)  AS 29.10.200(21), as amended by sec. 88 of this Act; and                                               
25            (36)  AS 29.25.070(a), as amended by sec. 89 of this Act.                                                    
26       (b)  The following sections apply to contact with a police officer occurring on or after                          
27 the effective date of those sections for offenses occurring before, on, or after the effective date                     
28 of those sections:                                                                                                      
29            (1)  AS 12.25.150(a), as amended by sec. 41 of this Act;                                                     
30            (2)  AS 12.25.180(a), as amended by sec. 42 of this Act;                                                     
31            (3)  AS 12.25.180(b), as amended by sec. 43 of this Act; and                                                 
01            (4)  AS 12.25.190(b), as amended by sec. 44 of this Act.                                                     
02       (c)  The following sections apply to offenses committed on or after the effective date                            
03 of those sections:                                                                                                      
04            (1)  AS 12.30.006(b), as amended by sec. 45 of this Act;                                                     
05            (2)  AS 12.30.006(c), as amended by sec. 46 of this Act;                                                     
06            (3)  AS 12.30.006(d), as amended by sec. 47 of this Act;                                                     
07            (4)  AS 12.30.006(f), as amended by sec. 48 of this Act;                                                     
08            (5)  AS 12.30.011, as repealed and reenacted by sec. 49 of this Act;                                         
09            (6)  AS 12.30.016(b), as amended by sec. 50 of this Act;                                                     
10            (7)  AS 12.30.016(c), as amended by sec. 51 of this Act;                                                     
11            (8)  AS 12.30.021(a), as amended by sec. 53 of this Act; and                                                 
12            (9)  AS 12.30.021(c), as amended by sec. 54 of this Act.                                                     
13       (d)  The following sections apply to sentences imposed on or after the effective date of                          
14 those sections for conduct occurring on or after the effective date of those sections:                                  
15            (1)  AS 12.55.025(c), as amended by sec. 56 of this Act;                                                     
16            (2)  AS 12.55.027(a), as amended by sec. 57 of this Act;                                                     
17            (3)  AS 12.55.027(b), as repealed and reenacted by sec. 58 of this Act;                                      
18            (4)  AS 12.55.027(c), as repealed and reenacted by sec. 59 of this Act;                                      
19 (5)  AS 12.55.051(a), as amended by sec. 61 of this Act;                                                                
20 (6)  AS 12.55.125(c), as amended by sec. 67 of this Act;                                                                
21 (7)  AS 12.55.125(d), as amended by sec. 68 of this Act;                                                                
22 (8)  AS 12.55.125(e), as amended by sec. 69 of this Act;                                                                
23 (9)  AS 12.55.125(q), as amended by sec. 70 of this Act;                                                                
24 (10)  AS 12.55.135(a), as amended by sec. 71 of this Act;                                                               
25 (11)  AS 12.55.135(b), as amended by sec. 72 of this Act;                                                               
26            (12)  AS 12.55.135(q), enacted by sec. 73 of this Act;                                                       
27            (13)  AS 28.15.291(b), as repealed and reenacted by sec. 82 of this Act;                                     
28            (14)  AS 28.35.030(k), as amended by sec. 84 of this Act; and                                                
29            (15)  AS 28.35.032(o), as amended by sec. 87 of this Act.                                                    
30       (e)  AS 12.55.055(a), as amended by sec. 62 of this Act, and AS 12.55.055(c), as                                  
31 amended by sec. 63 of this Act, apply to community work service imposed on or after the                                 
01 effective date of secs. 62 and 63 of this Act for conduct occurring on or after the effective date                      
02 of secs. 62 and 63 of this Act.                                                                                         
03       (f)  The following sections apply to probation ordered on or after the effective date of                          
04 those sections for conduct occurring on or after the effective date of those sections:                                  
05            (1)  AS 12.55.090(b), as amended by sec. 64 of this Act;                                                     
06            (2)  AS 12.55.090(c), as amended by sec. 65 of this Act; and                                                 
07            (3)  AS 12.55.090(f), as amended by sec. 66 of this Act.                                                     
08       (g)  AS 28.35.030(o), as amended by sec. 86 of this Act, applies to revocation of a                               
09 driver's license, privilege to drive, privilege to obtain a driver's license, or an identification                      
10 card or driver's license occurring on or after the effective date of sec. 86 of this Act.                               
11       (h)  The following sections apply to parole granted on or after the effective date of                             
12 those sections for conduct occurring on or after the effective date of those sections:                                  
13 (1)  AS 33.16.010(c), as amended by sec. 91 of this Act;                                                                
14 (2)  AS 33.16.060(a), as amended by sec. 92 of this Act;                                                                
15 (3)  AS 33.16.090(a), as amended by sec. 93 of this Act;                                                                
16 (4)  AS 33.16.090(b), as amended by sec. 94 of this Act;                                                                
17            (5)  AS 33.16.100(h), enacted by sec. 97 of this Act;                                                        
18 (6)  AS 33.16.150(g), as amended by sec. 102 of this Act;                                                               
19            (7)  AS 33.16.210(a), as amended by sec. 105 of this Act;                                                    
20 (8)  AS 33.16.210(b), as amended by sec. 106 of this Act;                                                               
21 (9)  AS 33.16.220(b), as amended by sec. 107 of this Act;                                                               
22 (10)  AS 33.16.220(f), as amended by sec. 108 of this Act;                                                              
23            (11)  AS 33.16.220(i), as amended by sec. 109 of this Act; and                                               
24            (12)  AS 33.20.010(c), as repealed and reenacted by sec. 110 of this Act.                                    
25       (i)  AS 33.16.100(a), as amended by sec. 95 of this Act, applies to parole granted on or                          
26 after the effective date of sec. 95 of this Act, for conduct occurring before, on, or after the                         
27 effective date of sec. 95 of this Act.                                                                                  
28    * Sec. 130. This Act takes effect immediately under AS 01.10.070(c).