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CSHB 49(FIN): "An Act relating to criminal law and procedure; eliminating marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to electronic monitoring; relating to controlled substances; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to operating under the influence; relating to refusal to submit to a chemical test; relating to the duties of the commissioner of corrections; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and providing for an effective date."

00                        CS FOR HOUSE BILL NO. 49(FIN)                                                                    
01 "An Act relating to criminal law and procedure; eliminating marriage as a defense to                                    
02 certain crimes of sexual assault; establishing the crime of possession of motor vehicle                                 
03 theft tools; relating to electronic monitoring; relating to controlled substances; relating                             
04 to probation and parole; relating to sentencing; amending the definitions of 'most                                      
05 serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders;                          
06 relating to operating under the influence; relating to refusal to submit to a chemical test;                            
07 relating to the duties of the commissioner of corrections; relating to testing of sexual                                
08 assault examination kits; relating to reports of involuntary commitment; amending                                       
09 Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and providing for an                                        
10 effective date."                                                                                                        
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
12    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
01 to read:                                                                                                                
02 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that                                           
03 the Alaska Court System, the Department of Corrections, and the Department of Public Safety                             
04 make continued efforts to find efficiencies in the criminal justice system and increase the use                         
05 of contemporaneous two-way video conference for pretrial hearings whenever possible.                                    
06 (b)  When imposing a sentence, it is the intent of the legislature that the court may take                              
07 into consideration any good conduct and self-improvement efforts the defendant has made                                 
08 while in pretrial status, including taking general education development, undergraduate,                                
09 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith-                       
10 based activities, and voluntary treatment programs.                                                                     
11 (c)  It is the intent of the legislature that the Department of Corrections develop a plan                              
12 to track and measure the effectiveness of evidence-based programs offered to offenders and                              
13 report its progress on the plan to both the House and Senate Judiciary Committees during the                            
14 Second Regular Session of the Thirty-First Alaska State Legislature.                                                    
15 (d)  The legislature finds that the legislature did not intend, by enacting ch. 90, SLA                                 
16 2003, and the legislature does not now intend by enacting this Act, to place a limitation on                            
17 which previous convictions may be considered when imposing a sentence under                                             
18 AS 12.55.125(i), as amended by sec. 64 of this Act.                                                                     
19 (e)  It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 68 of                                 
20 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d                           
21 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a                                   
22 sentence under AS 12.55.125(i), as amended by sec. 64 of this Act, a prior felony conviction                            
23 should not be considered if 10 or more years has elapsed between the date of the defendant's                            
24 unconditional discharge on the immediately preceding offense and the date the defendant                                 
25 committed the present offense unless the prior conviction was for an unclassified or class A                            
26 felony.                                                                                                                 
27 (f)  It is the intent of the legislature that all prior felony convictions be considered                                
28 when imposing a sentence under AS 12.55.125(i), as amended by sec. 64 of this Act,                                      
29 regardless of the amount of time that has passed since each conviction.                                                 
30       (g)  The legislature finds that                                                                                   
31 (1)  protecting the public from sex offenders serves a compelling governmental                                          
01 interest, and that the release of certain information about sex offenders to public agencies and                        
02 the general public assists in protecting the public;                                                                    
03 (2)  a sex offender who is required to register as a sex offender in the state                                          
04 where the person was convicted may relocate to this state for various reasons;                                          
05 (3)  the Alaska Supreme Court's narrow interpretation of the state's sex                                                
06 offender registration requirements in its decision in State, Department of Public Safety v.                             
07 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex                              
08 offenders who may come to this state in that it requires a person to register as a sex offender                         
09 in this state only if that person has been convicted of an offense that is similar to a sex offense                     
10 as defined in AS 12.63.100, as amended by sec. 73 of this Act.                                                          
11 (h)  It is the intent of the legislature to overturn State, Department of Public Safety v.                              
12 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender                                
13 required to register in another jurisdiction is not required to register in the state unless the                        
14 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as                               
15 amended by sec. 73 of this Act. Additionally, it is the intent of the legislature to give                               
16 reciprocity to other jurisdictions and require a sex offender who is physically present in the                          
17 state and is required to register as a sex offender in another jurisdiction to register as a sex                        
18 offender in the state regardless of whether the person's underlying conviction is similar to a                          
19 sex offense as defined in AS 12.63.100, as amended by sec. 73 of this Act.                                              
20 (i)  It is the intent of the legislature that the Department of Public Safety make                                      
21 additional resources available to expand investigations of online exploitation of children.                             
22    * Sec. 2. AS 11.41.110(a) is amended to read:                                                                      
23            (a)  A person commits the crime of murder in the second degree if                                            
24 (1)  with intent to cause serious physical injury to another person or                                                  
25 knowing that the conduct is substantially certain to cause death or serious physical                                    
26       injury to another person, the person causes the death of any person;                                              
27 (2)  the person knowingly engages in conduct that results in the death                                                  
28 of another person under circumstances manifesting an extreme indifference to the                                        
29       value of human life;                                                                                              
30 (3)  under circumstances not amounting to murder in the first degree                                                    
31 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                                    
01 person commits or attempts to commit arson in the first degree, kidnapping, sexual                                      
02 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                               
03 in the first degree, sexual abuse of a minor in the second degree, burglary in the first                                
04 degree, escape in the first or second degree, robbery in any degree, or misconduct                                      
05 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),                                               
06 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2)                              
07 and, in the course of or in furtherance of that crime or in immediate flight from that                                  
08       crime, any person causes the death of a person other than one of the participants;                                
09 (4)  acting with a criminal street gang, the person commits or attempts                                                 
10 to commit a crime that is a felony and, in the course of or in furtherance of that crime                                
11 or in immediate flight from that crime, any person causes the death of a person other                                   
12       than one of the participants; or                                                                                  
13 (5)  the person with criminal negligence causes the death of a child                                                    
14 under the age of 16, and the person has been previously convicted of a crime involving                                  
15       a child under the age of 16 that was                                                                              
16                      (A)  a felony violation of AS 11.41;                                                               
17 (B)  in violation of a law or ordinance in another jurisdiction                                                         
18            with elements similar to a felony under AS 11.41; or                                                         
19 (C)  an attempt, a solicitation, or a conspiracy to commit a                                                            
20            crime listed in (A) or (B) of this paragraph.                                                                
21    * Sec. 3. AS 11.41.150(a) is amended to read:                                                                      
22            (a)  A person commits the crime of murder of an unborn child if the person                                   
23 (1)  with intent to cause the death of an unborn child or of another                                                    
24       person, causes the death of an unborn child;                                                                      
25 (2)  with intent to cause serious physical injury to an unborn child or to                                              
26 another person or knowing that the conduct is substantially certain to cause death or                                   
27 serious physical injury to an unborn child or to another person, causes the death of an                                 
28       unborn child;                                                                                                     
29 (3)  while acting alone or with one or more persons, commits or                                                         
30 attempts to commit arson in the first degree, kidnapping, sexual assault in the first                                   
31 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                               
01 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                               
02 first or second degree, robbery in any degree, or misconduct involving a controlled                                     
03 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)                                               
04 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or                               
05 in furtherance of that crime or in immediate flight from that crime, any person causes                                  
06       the death of an unborn child;                                                                                     
07 (4)  knowingly engages in conduct that results in the death of an unborn                                                
08 child under circumstances manifesting an extreme indifference to the value of human                                     
09 life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                        
10 relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                       
11 does not constitute conduct manifesting an extreme indifference to the value of human                                   
12       life.                                                                                                             
13    * Sec. 4. AS 11.41.432(b) is amended to read:                                                                      
14 (b)  Except as provided in (d) [(a)] of this section, in a prosecution under                                        
15 AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the                                  
16       victim was, at the time of the alleged offense, the legal spouse of the defendant.                                
17    * Sec. 5. AS 11.41.432 is amended by adding a new subsection to read:                                              
18 (d)  It is a defense to a crime charged under AS 11.41.425(a)(2) - (5) or                                               
19 11.41.427 that the offender is married to the person and neither party has filed with the                               
20       court for separation, divorce, or dissolution of the marriage.                                                    
21    * Sec. 6. AS 11.41.438(b) is amended to read:                                                                      
22 (b)  Except as provided in (c) of this section, sexual [SEXUAL] abuse of a                                          
23 minor in the third degree is a class C felony, punishable as provided in                                            
24       AS 12.55.125(e).                                                                                              
25    * Sec. 7. AS 11.41.438 is amended by adding a new subsection to read:                                              
26 (c)  Sexual abuse of a minor in the third degree is a class C felony, punishable                                        
27 under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years                                
28       younger than the offender.                                                                                      
29    * Sec. 8. AS 11.41.452(a) is amended to read:                                                                      
30 (a)  A person commits the crime of [ONLINE] enticement of a minor if the                                                
31 person, being 18 years of age or older, knowingly communicates [USES A                                              
01       COMPUTER TO COMMUNICATE] with another person to entice, solicit, or                                               
02       encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and                                
03                 (1)  the other person is a child under 16 years of age; or                                              
04                 (2)  the person believes that the other person is a child under 16 years                                
05       of age.                                                                                                           
06    * Sec. 9. AS 11.41.452(d) is amended to read:                                                                      
07            (d)  Except as provided in (e) of this section, [ONLINE] enticement of a minor                           
08       is a class B felony.                                                                                              
09    * Sec. 10. AS 11.41.452(e) is amended to read:                                                                     
10 (e)  Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if                                               
11 the defendant was, at the time of the offense, required to register as a sex offender or                                
12       child kidnapper under AS 12.63 or a similar law of another jurisdiction.                                          
13    * Sec. 11. AS 11.46.130(a) is amended to read:                                                                     
14 (a)  A person commits the crime of theft in the second degree if the person                                             
15       commits theft as defined in AS 11.46.100 and                                                                      
16 (1)  the value of the property or services [, ADJUSTED FOR                                                              
17 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                                   
18       $25,000;                                                                                                          
19                 (2)  the property is a firearm or explosive;                                                            
20                 (3)  the property is taken from the person of another;                                                  
21 (4)  the property is taken from a vessel and is vessel safety or survival                                               
22       equipment;                                                                                                        
23 (5)  the property is taken from an aircraft and the property is aircraft                                                
24       safety or survival equipment;                                                                                     
25 (6)  the value of the property [, ADJUSTED FOR INFLATION AS                                                             
26 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the                                           
27 preceding five years, the person has been convicted and sentenced on two or more                                        
28       separate occasions in this or another jurisdiction of                                                             
29 (A)  an offense under AS 11.46.120, or an offense under                                                                 
30            another law or ordinance with similar elements;                                                              
31 (B)  a crime set out in this subsection or an offense under                                                             
01            another law or ordinance with similar elements;                                                              
02                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
03            another law or ordinance with similar elements; or                                                           
04                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
05            offense under another law or ordinance with similar elements; or                                             
06                 (7)  the property is an access device or identification document.                                   
07    * Sec. 12. AS 11.46.140(a) is amended to read:                                                                     
08            (a)  A person commits the crime of theft in the third degree if the person                                   
09       commits theft as defined in AS 11.46.100 and                                                                      
10 (1)  the value of the property or services [, ADJUSTED FOR                                                              
11 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                             
12       or                                                                                                                
13                 (2)  [REPEALED]                                                                                         
14                 (3)  [REPEALED]                                                                                         
15 (4)  the value of the property is less than $250 and, within the preceding                                              
16 five years, the person has been convicted and sentenced on three or more separate                                       
17 occasions in this or another jurisdiction of theft or concealment of merchandise, or an                                 
18       offense under another law or ordinance with similar elements.                                                     
19    * Sec. 13. AS 11.46.150(a) is amended to read:                                                                     
20 (a)  A person commits the crime of theft in the fourth degree if the person                                             
21 commits theft as defined in AS 11.46.100 and the value of the property or services [,                                   
22       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
23    * Sec. 14. AS 11.46.220(c) is amended to read:                                                                     
24            (c)  Concealment of merchandise is                                                                           
25                 (1)  a class C felony if                                                                                
26                      (A)  the merchandise is a firearm;                                                                 
27 (B)  the value of the merchandise [, ADJUSTED FOR                                                                       
28            INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or                                                  
29 (C)  the value of the merchandise [, ADJUSTED FOR                                                                       
30 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
31 $750 and, within the preceding five years, the person has been convicted and                                            
01            sentenced on two or more separate occasions in this or another jurisdiction of                               
02 (i)  the offense of concealment of merchandise under                                                                    
03 this paragraph or (2)(A) of this subsection, or an offense under another                                                
04                 law or ordinance with similar elements; or                                                              
05                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
06                 11.46.140(a)(1), or an offense under another law or ordinance with                                      
07                 similar elements;                                                                                       
08                 (2)  a class A misdemeanor if                                                                           
09                      (A)  the value of the merchandise [, ADJUSTED FOR                                                  
10 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
11            $750; or                                                                                                     
12                      (B)  [REPEALED]                                                                                    
13 (C)  the value of the merchandise is less than $250 and, within                                                         
14 the preceding five years, the person has been convicted and sentenced on three                                          
15 or more separate occasions of the offense of concealment of merchandise or                                              
16 theft in any degree, or an offense under another law or ordinance with similar                                          
17            elements;                                                                                                    
18 (3)  a class B misdemeanor if the value of the merchandise [,                                                           
19       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
20    * Sec. 15. AS 11.46.260(b) is amended to read:                                                                     
21            (b)  Removal of identification marks is                                                                      
22 (1)  a class C felony if the value of the property on which the serial                                                  
23 number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                                     
24       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
25 (2)  a class A misdemeanor if the value of the property on which the                                                    
26 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
27       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
28 (3)  a class B misdemeanor if the value of the property on which the                                                    
29 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
30       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
31    * Sec. 16. AS 11.46.270(b) is amended to read:                                                                     
01            (b)  Unlawful possession is                                                                                  
02                 (1)  a class C felony if the value of the property on which the serial                                  
03       number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                               
04       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
05                 (2)  a class A misdemeanor if the value of the property on which the                                    
06       serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                        
07       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
08                 (3)  a class B misdemeanor if the value of the property on which the                                    
09       serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                        
10       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
11    * Sec. 17. AS 11.46.280(d) is amended to read:                                                                     
12            (d)  Issuing a bad check is                                                                                  
13 (1)  a class B felony if the face amount of the check is $25,000 or more;                                               
14 (2)  a class C felony if the face amount of the check [, ADJUSTED                                                       
15 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                               
16       $25,000;                                                                                                          
17 (3)  a class A misdemeanor if the face amount of the check [,                                                           
18 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more                                                    
19       but less than $750;                                                                                               
20 (4)  a class B misdemeanor if the face amount of the check [,                                                           
21       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
22    * Sec. 18. AS 11.46.285 is amended to read:                                                                        
23 Sec. 11.46.285. Fraudulent use of an access device or identification                                                
24 document. (a) A person commits the crime of fraudulent use of an access device or                               
25 identification document if, with intent to defraud, the person uses an access device or                         
26       identification document to obtain property or services with knowledge that                                    
27                 (1)  the access device or identification document is stolen or forged;                              
28 (2)  the access device or identification document is expired or has                                                 
29       been revoked or cancelled; or                                                                                     
30 (3)  for any other reason, that person's use of the access device or                                                
31 identification document is unauthorized by either the issuer or the person to whom                                  
01       the access device or identification document is issued.                                                       
02            (b)  Fraudulent use of an access device or identification document is                                    
03                 (1)  a class B felony if the value of the property or services obtained is                              
04       $25,000 or more;                                                                                                  
05                 (2)  a class C felony if the value of the property or services obtained [,                              
06       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or                                         
07       more but less than $25,000;                                                                                       
08                 (3)  a class A misdemeanor if the value of the property or services                                     
09       obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                          
10       than $75 [$750].                                                                                              
11    * Sec. 19. AS 11.46.295 is amended to read:                                                                        
12 Sec. 11.46.295. Prior convictions. For purposes of considering prior                                                  
13 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or                                             
14 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under                                     
15       AS 11.46.220(c),                                                                                                  
16 (1)  a conviction for an offense under another law or ordinance with                                                    
17 similar elements is a conviction of an offense having elements similar to those of an                                   
18       offense defined as such under Alaska law at the time the offense was committed;                                   
19 (2)  a conviction for an offense under Alaska law where the value of the                                                
20 property or services for the offense was lower than the value of property or services                                   
21       for the offense under current Alaska law is a prior conviction for that offense; and                              
22 (3)  the court shall consider the date of a prior conviction as occurring                                               
23       on the date that sentence is imposed for the prior offense.                                                       
24    * Sec. 20. AS 11.46.360(a) is amended to read:                                                                     
25 (a)  A person commits the crime of vehicle theft in the first degree if, having                                         
26 no right to do so or any reasonable ground to believe the person has such a right, the                                  
27       person drives, tows away, or takes                                                                                
28 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                                               
29       of another;                                                                                                       
30                 (2)  the propelled vehicle of another and                                                               
31 (A)  the vehicle or any other property of another is damaged in a                                                       
01            total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                        
02            AS 11.46.982,] of $750 or more;                                                                              
03                      (B)  the owner incurs reasonable expenses as a result of the loss                                  
04            of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS                                        
05            PROVIDED IN AS 11.46.982,] of $750 or more; or                                                               
06                      (C)  the owner is deprived of the use of the vehicle for seven                                     
07            days or more;                                                                                                
08                 (3)  the propelled vehicle of another and the vehicle is marked as a                                    
09       police or emergency vehicle; or                                                                                   
10 (4)  the propelled vehicle of another and, within the preceding seven                                                   
11       years, the person was convicted under                                                                             
12                      (A)  this section or AS 11.46.365;                                                                 
13                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
14                      (C)  former AS 11.46.484(a)(2);                                                                    
15 (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                                         
16            of a propelled vehicle; or                                                                                   
17 (E)  a law or ordinance of this or another jurisdiction with                                                            
18 elements substantially similar to those of an offense described in (A) - (D) of                                         
19            this paragraph.                                                                                              
20    * Sec. 21. AS 11.46 is amended by adding a new section to article 3 to read:                                       
21 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits                                         
22 the crime of possession of motor vehicle theft tools if the person possesses a motor                                    
23 vehicle theft tool with intent to use or permit use of the tool in the commission of                                    
24       vehicle theft.                                                                                                    
25            (b)  In this section,                                                                                        
26 (1)  "altered or shaved key" means a key altered by cutting, filing, or                                                 
27 other means to fit multiple vehicles or vehicles other than vehicles for which the key                                  
28       was originally manufactured;                                                                                      
29 (2)  "motor vehicle theft tool" includes a slim jim, master key, altered                                                
30 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar                               
31       device adapted or designed for use in committing vehicle theft;                                                   
01                 (3)  "trial or jiggler key" means a key designed or altered to manipulate                               
02       a vehicle locking mechanism other than the lock for which the key was originally                                  
03       manufactured.                                                                                                     
04            (c)  Possession of motor vehicle theft tools is a class A misdemeanor.                                       
05    * Sec. 22. AS 11.46.482(a) is amended to read:                                                                     
06            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
07       having no right to do so or any reasonable ground to believe the person has such a                                
08       right,                                                                                                            
09                 (1)  with intent to damage property of another, the person damages                                      
10 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
11       IN AS 11.46.982,] of $750 or more;                                                                                
12 (2)  the person recklessly creates a risk of damage in an amount                                                        
13       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
14                 (3)  the person knowingly                                                                               
15 (A)  defaces, damages, or desecrates a cemetery or the contents                                                         
16 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                             
17 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                            
18            memorial appears to be abandoned, lost, or neglected;                                                        
19 (B)  removes human remains or associated burial artifacts from                                                          
20 a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                                
21            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
22    * Sec. 23. AS 11.46.484(a) is amended to read:                                                                     
23 (a)  A person commits the crime of criminal mischief in the fourth 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 intent to damage property of another, the person damages                                                      
27 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
28       IN AS 11.46.982,] of $250 or more but less than $750;                                                             
29 (2)  the person tampers with a fire protection device in a building that is                                             
30       a public place;                                                                                                   
31 (3)  the person knowingly accesses a computer, computer system,                                                         
01       computer program, computer network, or part of a computer system or network;                                      
02 (4)  the person uses a device to descramble an electronic signal that has                                               
03 been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                      
04 device is used only to descramble signals received directly from a satellite or unless                                  
05       the person owned the device before September 18, 1984; or                                                         
06                 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                
07       shoots at, destroys, or otherwise tampers with an official traffic control device or                              
08       damages the work on a highway under construction.                                                                 
09    * Sec. 24. AS 11.46.486(a) is amended to read:                                                                     
10 (a)  A person commits the crime of criminal mischief in the fifth degree if,                                            
11 having no right to do so or any reasonable ground to believe the person has such a                                      
12       right,                                                                                                            
13 (1)  with reckless disregard for the risk of harm to or loss of the                                                     
14 property or with intent to cause substantial inconvenience to another, the person                                       
15       tampers with property of another;                                                                                 
16 (2)  with intent to damage property of another, the person damages                                                      
17 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
18       IN AS 11.46.982,] less than $250; or                                                                              
19 (3)  the person rides in a propelled vehicle and, with criminal                                                         
20 negligence, disregards the fact that it has been stolen or that it is being used in                                     
21       violation of AS 11.46.360 or 11.46.365(a)(1).                                                                   
22    * Sec. 25. AS 11.46.530(b) is amended to read:                                                                     
23            (b)  Criminal simulation is                                                                                  
24 (1)  a class C felony if the value of what the object purports to represent                                             
25 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                      
26       more;                                                                                                             
27 (2)  a class A misdemeanor if the value of what the object purports to                                                  
28 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                                    
29       $250 or more but less than $750;                                                                                  
30 (3)  a class B misdemeanor if the value of what the object purports to                                                  
31 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                               
01       than $250.                                                                                                        
02    * Sec. 26. AS 11.46.620(d) is amended to read:                                                                     
03            (d)  Misapplication of property is                                                                           
04                 (1)  a class C felony if the value of the property misapplied [,                                        
05       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;                                             
06                 (2)  a class A misdemeanor if the value of the property misapplied [,                                   
07       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.                                           
08    * Sec. 27. AS 11.46.730(c) is amended to read:                                                                     
09            (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                
10 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR                                                  
11 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the                                              
12       defendant's conduct, in which case defrauding secured creditors is                                                
13                 (1)  a class B felony if the loss is $25,000 or more;                                                   
14 (2)  a class C felony if the loss [, ADJUSTED FOR INFLATION AS                                                          
15       PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000.                                                 
16    * Sec. 28. AS 11.46.980 is amended by adding a new subsection to read:                                             
17 (e)  In determining the degree or classification of a crime under this chapter, if                                      
18 the combined value of the property or services taken from one or more persons or                                        
19 commercial establishments within a period of 180 days is $750 or more but less than                                     
20       $25,000, the value may be aggregated.                                                                             
21    * Sec. 29. AS 11.56.310(a) is amended to read:                                                                     
22 (a)  One commits the crime of escape in the second degree if, without lawful                                            
23       authority, one                                                                                                    
24                 (1)  removes oneself from                                                                               
25 (A)  a secure correctional facility while under official detention                                                      
26            for a misdemeanor;                                                                                           
27                      (B)  official detention for a felony or for extradition; or                                        
28 (C)  official detention and, during the escape or at any time                                                           
29 before being restored to official detention, one possesses on or about oneself a                                        
30            firearm;                                                                                                     
31 (2)  violates AS 11.56.335 or 11.56.340 and, during the time of the                                                     
01       unlawful evasion or at any time before being restored to official detention, one                                  
02       possesses on or about oneself a firearm; or                                                                       
03                 (3)  while under official detention for a felony,                                                   
04                      (A)  removes, tampers with, or disables the electronic                                         
05            monitoring equipment; [,] or                                                                             
06 (B)  without prior authorization, leaves one's residence or                                                         
07 other place designated by the commissioner of corrections or the                                                    
08 commissioner of health and social services for [THE] service by electronic                                          
09            monitoring [OF OFFICIAL DETENTION FOR A FELONY].                                                             
10    * Sec. 30. AS 11.56.320(a) is amended to read:                                                                     
11            (a)  One commits the crime of escape in the third degree if one                                              
12 (1)  removes oneself from official detention during any lawful                                                          
13 movement or activity incident to confinement within a correctional facility for a                                       
14       misdemeanor; [OR]                                                                                                 
15 (2)  violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave                                                 
16       the state;                                                                                                    
17                 (3)  while under official detention for a misdemeanor,                                              
18 (A)  removes, tampers with, or disables the electronic                                                              
19            monitoring equipment; or                                                                                 
20 (B)  without prior authorization, leaves one's residence or                                                         
21 other place designated by the commissioner of corrections or the                                                    
22 commissioner of health and social services for service by electronic                                                
23            monitoring; or                                                                                           
24                 (4)  while on release under AS 12.30,                                                               
25 (A)  removes, tampers with, or disables the electronic                                                              
26            monitoring equipment; or                                                                                 
27 (B)  without prior authorization, leaves one's residence or                                                         
28            other place designated by a judicial officer as a condition of release.                                  
29    * Sec. 31. 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. 32. 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. 33. 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. 34. AS 11.56.810(a) is amended to read:                                                                     
05            (a)  A person commits the crime of terroristic threatening in the second degree                              
06       if the person makes a threat that                                                                             
07 (1)  places [KNOWINGLY MAKES A FALSE REPORT THAT A                                                                  
08 CIRCUMSTANCE (1) DANGEROUS TO HUMAN LIFE EXISTS OR IS ABOUT                                                             
09 TO EXIST AND (A)] a person [IS PLACED] in reasonable fear of serious physical                                       
10       injury to any person with reckless disregard that the threat may cause                                        
11 (A)  the [; (B) CAUSES] evacuation of or initiation of an                                                       
12 emergency protocol for a building, public place or area, business premises, or                                      
13            mode of public transportation;                                                                               
14                      (B) [(C)  CAUSES] serious public inconvenience; or                                             
15 (C)  the public or a substantial group of the public to be in                                                       
16 fear of serious physical injury [(D) THE REPORT CLAIMS THAT A                                                       
17 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL                                                                  
18 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL                                                                   
19 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC                                                                
20 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC                                                                     
21            TRANSPORTATION]; or                                                                                          
22 (2)  causes any person to reasonably believe that a circumstance                                                    
23 exists or is about to exist that is dangerous to the proper or safe functioning of an oil or                            
24 gas pipeline or supporting facility, utility, or transportation or cargo facility; in this                              
25 paragraph, "oil or gas pipeline or supporting facility" and "utility" have the meanings                                 
26       given in AS 11.46.495.                                                                                            
27    * Sec. 35. AS 11.61.123(a) is amended to read:                                                                     
28 (a)  A person commits the crime of indecent viewing or production of a                                              
29       picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly                                               
30 (1)  views, or views [PRODUCES] a picture of, the private exposure of                                           
31       the genitals, anus, or female breast of another person; or                                                    
01                 (2)  produces a picture of the private exposure of the genitals, anus,                              
02       or female breast of another person [AND THE VIEW OR PRODUCTION IS                                             
03       WITHOUT THE KNOWLEDGE OR CONSENT OF                                                                               
04                 (1)  THE PARENT OR GUARDIAN OF THE PERSON VIEWED,                                                       
05       OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR                                                    
06       SHOWN IS UNDER 16 YEARS OF AGE; AND                                                                               
07                 (2)  THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF                                                      
08       THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE].                                                          
09    * Sec. 36. AS 11.61.123(c) is amended to read:                                                                     
10 (c)  This section does not apply to the viewing or production of a picture                                      
11 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement                                               
12       purpose.                                                                                                          
13    * Sec. 37. AS 11.61.123(d) is amended to read:                                                                     
14 (d)  In a prosecution under this section, it is an affirmative defense that the                                         
15 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security                                        
16 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was                                          
17 posted, and any viewing or use of pictures produced is done only in the interest of                                     
18       crime prevention or prosecution.                                                                                  
19    * Sec. 38. AS 11.61.123(f) is amended to read:                                                                     
20            (f)  Indecent viewing or production of a picture [PHOTOGRAPHY] is a                                      
21 (1)  class B felony if the person violates (a)(2) of this section and the                                           
22 person shown in the picture was, at the time of the production of the picture, a                                    
23       minor;                                                                                                        
24                 (2) [(1)]  class C felony if the person                                                             
25                      (A)  violates (a)(1) of this section and the person viewed                                     
26 (i)  [OR SHOWN IN A PICTURE] was, at the time of                                                                    
27                 the viewing [OR PRODUCTION OF THE PICTURE], a minor;                                                
28 (ii)  in a picture was, at the time of the production of                                                            
29                 the picture, a minor; or                                                                            
30 (B)  violates (a)(2) of this section and the person shown in a                                                      
31            picture was, at the time of the production of the picture, an adult;                                     
01                 (3) [(2)]  class A misdemeanor if the person violates (a)(1) of this                            
02       section and the person viewed                                                                                 
03                      (A)  [OR SHOWN IN A PICTURE] was, at the time of the                                           
04            viewing [OR PRODUCTION OF THE PICTURE], an adult; or                                                     
05                      (B)  in a picture was, at the time of the production of the                                    
06            picture, an adult.                                                                                       
07    * Sec. 39. AS 11.61.123 is amended by adding a new subsection to read:                                             
08            (g)  The provisions of this section do not apply to acts                                                     
09                 (1)  that may reasonably be construed to be normal caretaker                                            
10       responsibilities for a child, interactions with a child, or affection for a child; or                             
11 (2)  performed for the purpose of administering a recognized and lawful                                                 
12 form of treatment that is reasonably adapted to promoting the physical or mental                                        
13       health of the person being treated.                                                                               
14    * Sec. 40. AS 11.61 is amended by adding a new section to read:                                                    
15 Sec. 11.61.124. Solicitation or production of an indecent picture of a                                                
16 minor. (a) An offender commits the crime of solicitation or production of an indecent                                 
17 picture of a minor if, under circumstances not proscribed under AS 11.41.455, the                                       
18       offender being 18 years of age or older                                                                           
19 (1)  solicits a picture of the genitals, anus, or female breast of another                                              
20       person and the                                                                                                    
21 (A)  person solicited is under 16 years of age and at least four                                                        
22            years younger than the offender; or                                                                          
23 (B)  offender believes that the other person is under 16 years of                                                       
24            age and at least four years younger than the offender; or                                                    
25 (2)  produces a picture of the genitals, anus, or female breast of another                                              
26       person and the                                                                                                    
27 (A)  person shown in the picture is under 16 years of age and at                                                        
28            least four years younger than the offender; or                                                               
29 (B)  offender believes that the other person is under 16 years of                                                       
30            age and at least four years younger than the offender.                                                       
31 (b)  In a prosecution under (a) of this section, it is not a defense that the person                                    
01       solicited or shown in the picture was not actually a child under 16 years of age and at                           
02       least four years younger than the offender.                                                                       
03            (c)  In a prosecution under (a)(1) of this section, it is not necessary for the                              
04       prosecution to show that a picture was actually produced.                                                         
05            (d)  The provisions of this section do not apply to acts                                                     
06                 (1)  that may reasonably be construed to be normal caretaker                                            
07       responsibilities for a child, interactions with a child, or affection for a child; or                             
08                 (2)  performed for the purpose of administering a recognized and lawful                                 
09       form of treatment that is reasonably adapted to promoting the physical or mental                                  
10       health of the person being treated.                                                                               
11            (e)  Solicitation or production of an indecent picture of a minor is a                                       
12                 (1)  class C felony if an offender                                                                      
13 (A)  violates (a)(1) of this section and the person solicited is                                                        
14            under 13 years of age; or                                                                                    
15                      (B)  violates (a)(2) of this section;                                                              
16 (2)  class A misdemeanor if an offender violates (a)(1) of this section                                                 
17       and the person solicited is 13 years of age or older.                                                             
18            (f)  In this section, "picture" has the meaning given in AS 11.61.123.                                       
19    * Sec. 41. AS 11.71 is amended by adding a new section to read:                                                    
20 Sec. 11.71.021. Misconduct involving a controlled substance in the second                                             
21 degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                           
22       misconduct involving a controlled substance in the second degree if the person                                    
23 (1)  manufactures or delivers any amount of a schedule IA controlled                                                    
24 substance or possesses any amount of a schedule IA controlled substance with intent                                     
25       to manufacture or deliver;                                                                                        
26 (2)  manufactures any material, compound, mixture, or preparation that                                                  
27       contains                                                                                                          
28 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
29            or                                                                                                           
30 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
31            isomers, or salts of isomers;                                                                                
01 (3)  possesses an immediate precursor of methamphetamine, or the                                                        
02 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
03 with the intent to manufacture any material, compound, mixture, or preparation that                                     
04       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
05                 (4)  possesses a listed chemical with intent to manufacture any material,                               
06       compound, mixture, or preparation that contains                                                                   
07                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
08            or                                                                                                           
09                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
10            isomers, or salts of isomers;                                                                                
11 (5)  possesses methamphetamine in an organic solution with intent to                                                    
12       extract from it methamphetamine or its salts, isomers, or salts of isomers; or                                    
13 (6)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
14       delivers                                                                                                          
15 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
16 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
17 to another person with reckless disregard that the precursor will be used to                                            
18 manufacture any material, compound, mixture, or preparation that contains                                               
19            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
20 (B)  a listed chemical to another person with reckless disregard                                                        
21 that the listed chemical will be used to manufacture any material, compound,                                            
22            mixture, or preparation that contains                                                                        
23 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
24                 isomers;                                                                                                
25 (ii)  an immediate precursor of methamphetamine, or its                                                                 
26                 salts, isomers, or salts of isomers; or                                                                 
27 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
28                 isomers in an organic solution.                                                                         
29 (b)  In a prosecution under (a) of this section, possession of more than six                                            
30 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                       
31 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                                 
01 the person intended to use the listed chemicals to manufacture, to aid or abet another                                  
02 person to manufacture, or to deliver to another person who intends to manufacture                                       
03 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                                   
04 of methamphetamine or its immediate precursors. The prima facie evidence described                                      
05       in this subsection does not apply to a person who possesses                                                       
06                 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                   
07       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
08                      (A)  and the listed chemical was dispensed to the person under a                                   
09            valid prescription; or                                                                                       
10 (B)  in the ordinary course of a legitimate business, or an                                                             
11            employee of a legitimate business, as a                                                                      
12                           (i)  retailer or as a wholesaler;                                                             
13 (ii)  wholesale drug distributor licensed by the Board of                                                               
14                 Pharmacy;                                                                                               
15 (iii)  manufacturer of drug products licensed by the                                                                    
16                 Board of Pharmacy;                                                                                      
17                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
18                           (v)  health care professional licensed by the state; or                                       
19 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                                  
20 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                                     
21 kept in a locked storage area on the premises of a legitimate business or nonprofit                                     
22 organization operating a camp, lodge, school, day care center, treatment center, or                                     
23 other organized group activity, and the location or nature of the activity, or the age of                               
24 the participants, makes it impractical for the participants in the activity to obtain                                   
25       medicinal products.                                                                                               
26 (c)  In this section, "listed chemical" means a chemical described under                                                
27       AS 11.71.200.                                                                                                     
28 (d)  Misconduct involving a controlled substance in the second degree is a                                              
29       class A felony.                                                                                                   
30    * Sec. 42. AS 11.71.030(a) is amended to read:                                                                     
31 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
01       misconduct involving a controlled substance in the third [SECOND] degree if the                               
02       person                                                                                                            
03                 (1)  manufactures or delivers, or possesses with intent to manufacture                                  
04       or deliver,                                                                                                       
05                      (A)  one or more preparations, compounds, mixtures, or                                             
06            substances of an aggregate weight of one gram or more containing a schedule                                  
07            IA controlled substance;                                                                                     
08                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
09            schedule IA controlled substance;                                                                            
10 (C)  one or more preparations, compounds, mixtures, or                                                                  
11 substances of an aggregate weight of 2.5 grams or more containing a schedule                                            
12            IIA or IIIA controlled substance; or                                                                         
13 (D)  50 or more tablets, ampules, or syrettes containing a                                                              
14            schedule IIA or IIIA controlled substance;                                                                   
15 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                                       
16 substance to a person under 19 years of age who is at least three years younger than                                    
17       the person delivering the substance;                                                                              
18                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
19                      (A)  with reckless disregard that the possession occurs                                            
20                           (i)  on or within 500 feet of school grounds; or                                              
21 (ii)  at or within 500 feet of a recreation or youth center;                                                            
22                 or                                                                                                      
23                      (B)  on a school bus;                                                                              
24 (4)  manufactures any material, compound, mixture, or preparation that                                                  
25       contains                                                                                                          
26 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
27            or                                                                                                           
28 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
29            isomers, or salts of isomers;                                                                                
30 (5)  possesses an immediate precursor of methamphetamine, or the                                                        
31 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
01       with the intent to manufacture any material, compound, mixture, or preparation that                               
02       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
03                 (6)  possesses a listed chemical with intent to manufacture any material,                               
04       compound, mixture, or preparation that contains                                                                   
05                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
06            or                                                                                                           
07                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
08            isomers, or salts of isomers;                                                                                
09                 (7)  possesses methamphetamine in an organic solution with intent to                                    
10       extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR]                                  
11 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
12       delivers                                                                                                          
13 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
14 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
15 to another person with reckless disregard that the precursor will be used to                                            
16 manufacture any material, compound, mixture, or preparation that contains                                               
17            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
18 (B)  a listed chemical to another person with reckless disregard                                                        
19 that the listed chemical will be used to manufacture any material, compound,                                            
20            mixture, or preparation that contains                                                                        
21 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
22                 isomers;                                                                                                
23 (ii)  an immediate precursor of methamphetamine, or its                                                                 
24                 salts, isomers, or salts of isomers; or                                                                 
25 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
26                 isomers in an organic solution; or                                                                  
27 (9)  under circumstances not proscribed under AS 11.71.021(a)(2) -                                                  
28 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled                                       
29 substance or possesses any amount of a schedule IIA or IIIA controlled substance                                    
30       with intent to manufacture or deliver.                                                                        
31    * Sec. 43. AS 11.71.030(d) is amended to read:                                                                     
01            (d)  Misconduct involving a controlled substance in the third [SECOND]                                   
02       degree is a class B felony.                                                                                       
03    * Sec. 44. AS 11.71.040(a) is amended to read:                                                                     
04            (a)  Except as authorized in AS 17.30 and AS 17.38, a person commits the                                 
05       crime of misconduct involving a controlled substance in the fourth [THIRD] degree if                          
06       the person                                                                                                        
07                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
08       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
09       substance with intent to manufacture or deliver;                                                                  
10 (2)  manufactures or delivers, or possesses with the intent to                                                          
11 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
12 of an aggregate weight of one ounce or more containing a schedule VIA controlled                                        
13       substance;                                                                                                        
14 (3)  possesses any amount of a schedule IA controlled substance listed                                                  
15       in AS 11.71.140(e);                                                                                               
16                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
17                      (A)  with reckless disregard that the possession occurs                                            
18                           (i)  on or within 500 feet of school grounds; or                                              
19 (ii)  at or within 500 feet of a recreation or youth center;                                                            
20                 or                                                                                                      
21                      (B)  on a school bus;                                                                              
22 (5)  knowingly keeps or maintains any store, shop, warehouse,                                                           
23 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                               
24 keeping or distributing controlled substances in violation of a felony offense under this                               
25       chapter or AS 17.30;                                                                                              
26 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                                 
27 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                                
28 mark, imprint, or device of another or any likeness of any of these on a drug, drug                                     
29       container, or labeling so as to render the drug a counterfeit substance;                                          
30 (7)  knowingly uses in the course of the manufacture or distribution of a                                               
31 controlled substance a registration number that is fictitious, revoked, suspended, or                                   
01       issued to another person;                                                                                         
02                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
03       material information from any application, report, record, or other document required                             
04       to be kept or filed under AS 17.30;                                                                               
05                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
06       fraud, forgery, deception, or subterfuge;                                                                         
07                 (10)  affixes a false or forged label to a package or other container                                   
08       containing any controlled substance; [OR]                                                                         
09                 (11)  manufactures or delivers, or possesses with the intent to                                         
10       manufacture or deliver,                                                                                           
11 (A)  one or more preparations, compounds, mixtures, or                                                                  
12 substances of an aggregate weight of less than one gram containing a schedule                                           
13            IA controlled substance;                                                                                     
14 (B)  less than 25 tablets, ampules, or syrettes containing a                                                            
15            schedule IA controlled substance;                                                                            
16 (C)  one or more preparations, compounds, mixtures, or                                                                  
17 substances of an aggregate weight of less than 2.5 grams containing a schedule                                          
18            IIA or IIIA controlled substance; or                                                                         
19 (D)  less than 50 tablets, ampules, or syrettes containing a                                                            
20            schedule IIA or IIIA controlled substance; or                                                            
21 (12)  violates AS 11.71.050(a)(4) and, within the preceding 10 years,                                               
22       has been convicted on two or more separate occasions of a crime under                                         
23                      (A)  this paragraph;                                                                           
24                      (B)  AS 11.71.050(a)(4); or                                                                    
25 (C)  a law or ordinance of this or another jurisdiction with                                                        
26            elements similar to a crime listed under (A) or (B) of this paragraph.                                   
27    * Sec. 45. AS 11.71.040(d) is amended to read:                                                                     
28 (d)  Misconduct involving a controlled substance in the fourth [THIRD]                                              
29       degree is a class C felony.                                                                                       
30    * Sec. 46. AS 11.71.050 is amended to read:                                                                        
31 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth                                            
01       [FOURTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person                                 
02       commits the crime of misconduct involving a controlled substance in the fifth                                 
03       [FOURTH] degree if the person                                                                                     
04 (1)  manufactures or delivers, or possesses with the intent to                                                          
05 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
06 of an aggregate weight of less than one ounce containing a schedule VIA controlled                                      
07       substance;                                                                                                        
08                 (2)  [REPEALED]                                                                                         
09                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
10       statement, invoice, or information required under AS 17.30; [OR]                                                  
11 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                       
12 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3), 11.71.040(a)(4)], or 11.71.060(a)(2),                               
13 possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA [, OR VIA] controlled                                  
14       substance; or                                                                                                 
15 (5)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                   
16 11.71.040(a)(3), 11.71.040(a)(4), or 11.71.060(a)(2), possesses any amount of a                                     
17       schedule VIA controlled substance.                                                                            
18 (b)  Misconduct involving a controlled substance in the fifth [FOURTH]                                              
19       degree is a class A misdemeanor.                                                                                  
20    * Sec. 47. AS 11.71.060 is amended to read:                                                                        
21 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth                                            
22 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person                                        
23 commits the crime of misconduct involving a controlled substance in the sixth                                       
24       [FIFTH] degree if the person                                                                                      
25 (1)  uses or displays any amount of a schedule VIA controlled                                                           
26       substance;                                                                                                        
27 (2)  possesses one or more preparations, compounds, mixtures, or                                                        
28       substances of an aggregate weight of                                                                              
29 (A)  less than one ounce containing a schedule VIA controlled                                                           
30            substance;                                                                                                   
31 (B)  six grams or less containing a schedule IIIA controlled                                                            
01            substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                    
02            otherwise applied to tobacco, an herb, or another organic material; or                                       
03                 (3)  refuses entry into a premise for an inspection authorized under                                    
04       AS 17.30.                                                                                                         
05            (b)  Misconduct involving a controlled substance in the sixth [FIFTH] degree                             
06       is a class B misdemeanor.                                                                                         
07    * Sec. 48. AS 11.71.311(a) is amended to read:                                                                     
08            (a)  A person may not be prosecuted for a violation of AS 11.71.030(a)(3),                                   
09       11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or                                   
10       11.71.060(a)(1) or (2) if that person                                                                             
11 (1)  sought, in good faith, medical or law enforcement assistance for                                                   
12 another person who the person reasonably believed was experiencing a drug overdose                                      
13       and                                                                                                               
14 (A)  the evidence supporting the prosecution for an offense                                                             
15 under AS 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR                                         
16 (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained or discovered as a                                        
17            result of the person seeking medical or law enforcement assistance;                                          
18 (B)  the person remained at the scene with the other person until                                                       
19            medical or law enforcement assistance arrived; and                                                           
20 (C)  the person cooperated with medical or law enforcement                                                              
21            personnel, including by providing identification;                                                            
22 (2)  was experiencing a drug overdose and sought medical assistance,                                                    
23 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                      
24 11.71.040(a)(3), (4), or (12) [11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or                                         
25 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for                                        
26       medical assistance.                                                                                               
27    * Sec. 49. AS 12.25.150(a) is amended to read:                                                                     
28 (a)  A person arrested shall be taken before a judge or magistrate without                                              
29 unnecessary delay and in any event within 48 [24] hours after arrest, [ABSENT                                       
30 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE                                                         
31 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES                                                            
01 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT                                                            
02 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED                                                             
03 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A                                                              
04 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR                                                                
05 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
06 ARREST.] This requirement applies to municipal police officers to the same extent as                                    
07       it does to state troopers.                                                                                        
08    * Sec. 50. AS 12.30.006(b) is amended to read:                                                                     
09 (b)  At the first appearance before a judicial officer, a person may be detained                                        
10 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
11 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
12       pose a danger to the victim, other persons, or the community, if the person has                                   
13 (1)  been charged with an unclassified, class A, class B, or class C                                                    
14       felony; or                                                                                                        
15 (2)  a criminal conviction or charge outside the state [THAT HAS NOT                                                    
16 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE                                                                 
17       PRETRIAL RISK ASSESSMENT UNDER AS 33.07].                                                                         
18    * Sec. 51. AS 12.30.006(c) is amended to read:                                                                     
19 (c)  A person who remains in custody 48 hours after appearing before a judicial                                         
20 officer because of inability to meet the conditions of release shall, upon application, be                              
21 entitled to have the conditions reviewed by the judicial officer who imposed them. If                                   
22 the judicial officer who imposed the conditions of release is not available, any judicial                               
23 officer in the judicial district may review the conditions. [UPON REVIEW OF THE                                         
24 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS                                                            
25 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING                                                                 
26 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT                                                           
27 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE                                                            
28       RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE                                                                   
29                 (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                             
30 (2)  SAFETY OF THE VICTIM, OTHER PERSONS, AND THE                                                                       
31       COMMUNITY.]                                                                                                       
01    * Sec. 52. AS 12.30.006(d) is amended to read:                                                                     
02 (d)  If a person remains in custody after review of conditions by a judicial                                            
03 officer under (c) of this section, the person may request a subsequent review of                                        
04 conditions. Unless the prosecuting authority stipulates otherwise or the person has                                     
05 been incarcerated for a period equal to the maximum sentence for the most serious                                       
06 charge for which the person is being held, a judicial officer may not schedule a bail                                   
07       review hearing under this subsection unless                                                                       
08 (1)  the person provides to the court and the prosecuting authority a                                                   
09 written statement that new information not considered at the previous review will be                                    
10 presented at the hearing; the statement must include a description of the information                                   
11 and the reason the information was not presented at a previous hearing; in this                                         
12 paragraph, "new information" does not include [INCLUDES] the person's inability to                                  
13       post the required bail;                                                                                           
14 (2)  the prosecuting authority and any surety, if applicable, have at least                                             
15 48 hours' [HOURS"] written notice before the time set for the review requested under                                
16       this subsection; the defendant shall notify the surety; and                                                       
17 (3)  at least seven days have elapsed between the previous review and                                                   
18 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE                                                  
19       ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY].                                                        
20    * Sec. 53. AS 12.30.006(f) is amended to read:                                                                     
21 (f)  The judicial officer shall issue written or oral findings that explain the                                         
22 reasons the officer imposed the particular conditions of release or modifications or                                    
23 additions to conditions previously imposed. The judicial officer shall inform the                                       
24 person that a law enforcement officer [OR A PRETRIAL SERVICES OFFICER                                                   
25 UNDER AS 33.07] may arrest the person without a warrant for violation of the court's                                    
26       order establishing conditions of release.                                                                         
27    * Sec. 54. AS 12.30.011 is repealed and reenacted to read:                                                         
28 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this                                        
29 chapter, a judicial officer shall order a person charged with an offense to be released                                 
30 on the person's personal recognizance or upon execution of an unsecured appearance                                      
31       bond, on the condition that the person                                                                          
01                 (1)  obey all court orders and all federal, state, and local laws;                                      
02                 (2)  appear in court when ordered;                                                                      
03                 (3)  if represented, maintain contact with the person's lawyer; and                                     
04                 (4)  notify the person's lawyer, who shall notify the prosecuting                                       
05       authority and the court, not more than 24 hours after the person changes residence.                               
06 (b)  If a judicial officer determines that the release under (a) of this section will                                   
07 not reasonably ensure the appearance of the person or will pose a danger to the victim,                                 
08 other persons, or the community, the officer shall impose the least restrictive condition                               
09 or conditions that will reasonably ensure the person's appearance and protect the                                       
10 victim, other persons, and the community. In addition to conditions under (a) of this                                   
11       section, the judicial officer may, singly or in combination,                                                      
12 (1)  require the execution of an appearance bond in a specified amount                                                  
13 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                               
14       of the amount of the bond;                                                                                        
15 (2)  require the execution of a bail bond with sufficient solvent sureties                                              
16       or the deposit of cash;                                                                                           
17 (3)  require the execution of a performance bond in a specified amount                                                  
18       of cash to be deposited in the registry of the court;                                                             
19                 (4)  place restrictions on the person's travel, association, or residence;                              
20 (5)  order the person to refrain from possessing a deadly weapon on the                                                 
21       person or in the person's vehicle or residence;                                                                   
22 (6)  require the person to maintain employment or, if unemployed,                                                       
23       actively seek employment;                                                                                         
24 (7)  require the person to notify the person's lawyer and the prosecuting                                               
25       authority within two business days after any change in employment;                                                
26 (8)  require the person to avoid all contact with a victim, a potential                                                 
27       witness, or a codefendant;                                                                                        
28 (9)  require the person to refrain from the consumption and possession                                                  
29       of alcoholic beverages;                                                                                           
30 (10)  require the person to refrain from the use of a controlled substance                                              
31 as defined by AS 11.71, unless prescribed by a licensed health care provider with                                       
01       prescriptive authority;                                                                                           
02                 (11)  require the person to be physically inside the person's residence,                                
03       or in the residence of the person's third-party custodian, at time periods set by the                             
04       court;                                                                                                            
05                 (12)  require the person to keep regular contact with a law enforcement                                 
06       officer or agency;                                                                                                
07                 (13)  order the person to refrain from entering or remaining in premises                                
08       licensed under AS 04;                                                                                             
09                 (14)  place the person in the custody of an individual who agrees to                                    
10       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
11 (15)  if the person is under the treatment of a licensed health care                                                    
12       provider, order the person to follow the provider's treatment recommendations;                                    
13 (16)  order the person to take medication that has been prescribed for                                                  
14       the person by a licensed health care provider with prescriptive authority;                                        
15 (17)  order the person to submit to electronic monitoring administered                                                  
16       by a private organization;                                                                                        
17 (18)  order the person to submit to a pretrial risk assessment by the                                                   
18       Department of Corrections under AS 33.05;                                                                         
19 (19)  order the person to comply with any other condition that is                                                       
20 reasonably necessary to ensure the appearance of the person and to ensure the safety                                    
21       of the victim, other persons, and the community; and                                                              
22 (20)  require the person to comply with a program established under                                                     
23 AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                       
24 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony,                                
25       or a crime involving domestic violence.                                                                           
26 (c)  In determining the conditions of release under this chapter, the court shall                                       
27       consider the following:                                                                                           
28                 (1)  the nature and circumstances of the offense charged;                                               
29                 (2)  the weight of the evidence against the person;                                                     
30                 (3)  the nature and extent of the person's family ties and relationships;                               
31                 (4)  the person's employment status and history;                                                        
01                 (5)  the length and character of the person's past and present residence;                               
02                 (6)  the person's record of convictions and any pending criminal                                        
03       charges;                                                                                                          
04                 (7)  the person's record of appearance at court proceedings;                                            
05                 (8)  assets available to the person to meet monetary conditions of                                      
06       release;                                                                                                          
07                 (9)  the person's reputation, character, and mental condition;                                          
08                 (10)  the effect of the offense on the victim, any threats made to the                                  
09       victim, and the danger that the person poses to the victim;                                                       
10 (11)  any other facts that are relevant to the person's appearance or the                                               
11       person's danger to the victim, other persons, or the community; and                                               
12 (12)  the pretrial risk assessment provided by the commissioner of                                                      
13       corrections.                                                                                                      
14            (d)  In making a finding regarding the release of a person under this chapter,                               
15 (1)  except as otherwise provided in this chapter, the burden of proof is                                               
16 on the prosecuting authority that a person charged with an offense should be detained                                   
17       or released with conditions described in (b) of this section or AS 12.30.016;                                     
18 (2)  there is a rebuttable presumption that there is a substantial risk that                                            
19 the person will not appear and the person poses a danger to the victim, other persons,                                  
20       or the community, if the person is                                                                                
21 (A)  charged with an unclassified felony, a class A felony, a                                                           
22            sexual felony, or a felony under AS 28.35.030 or 28.35.032;                                                  
23 (B)  charged with a felony crime against a person under                                                                 
24 AS 11.41, was previously convicted of a felony crime against a person under                                             
25 AS 11.41 in this state or a similar offense in another jurisdiction, and less than                                      
26 five years have elapsed between the date of the person's unconditional                                                  
27 discharge on the immediately preceding offense and the commission of the                                                
28            present offense;                                                                                             
29 (C)  charged with a felony offense committed while the person                                                           
30            was on release under this chapter for a charge or conviction of another offense;                             
31 (D)  charged with a crime involving domestic violence, and has                                                          
01 been convicted in the previous five years of a crime involving domestic                                                 
02            violence in this state or a similar offense in another jurisdiction;                                         
03 (E)  arrested in connection with an accusation that the person                                                          
04 committed a felony outside the state or is a fugitive from justice from another                                         
05            jurisdiction, and the court is considering release under AS 12.70.                                           
06 (e)  If the supreme court establishes a schedule of bail amounts or conditions of                                       
07 release for misdemeanor offenses, the schedule must include a condition providing                                       
08 that a correctional facility shall, at the time of release, conduct a chemical test of the                              
09 breath of a person who has been arrested and who is intoxicated and shall detain the                                    
10 person until the test result indicates that the person's breath has less than 0.08 grams of                             
11 alcohol for each 210 liters of breath or, with the consent of the person, release the                                   
12       person to another person who is willing and able to provide care for the person.                                  
13    * Sec. 55. AS 12.30.021(a) is amended to read:                                                                     
14 (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                           
15 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE                                   
16 RECORD,] that the appointment will, singly or in combination with other                                             
17       conditions,                                                                                                   
18 [(1)  PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT                                                                        
19       AVAILABLE IN THE PERSON'S LOCATION;                                                                               
20 (2)  NO SECURED APPEARANCE OR PERFORMANCE BONDS                                                                         
21       HAVE BEEN ORDERED; AND                                                                                            
22 (3)  NO OTHER CONDITIONS OF RELEASE OR COMBINATION                                                                      
23 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of                                          
24       the victim, other persons, and the community.                                                                     
25    * Sec. 56. AS 12.30.021(c) is amended to read:                                                                     
26            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
27 (1)  the proposed custodian is acting as a third-party custodian for                                                    
28       another person;                                                                                                   
29 (2)  the proposed custodian has been unconditionally discharged                                                     
30 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a                                 
31       crime under AS 11.41, or a similar crime in this or another jurisdiction;                                     
01                 (3)  criminal charges are pending in this state or another jurisdiction                                 
02       against the proposed custodian;                                                                                   
03                 (4)  the proposed custodian is on probation in this state or another                                    
04       jurisdiction for an offense;                                                                                      
05                 (5)  [THERE IS A REASONABLE PROBABILITY THAT THE                                                        
06       STATE WILL CALL] the proposed custodian may be called as a witness in the                                     
07       prosecution of the person;                                                                                        
08                 (6)  the proposed custodian resides out of state; however, a nonresident                                
09       may serve as a custodian if the nonresident resides in the state while serving as                                 
10       custodian.                                                                                                        
11    * Sec. 57. AS 12.55.025(c) is amended to read:                                                                     
12 (c)  Except as provided in (d) of this section, when a defendant is sentenced to                                        
13 imprisonment, the term of confinement commences on the date of imposition of                                            
14 sentence unless the court specifically provides that the defendant must report to serve                                 
15 the sentence on another date. If the court provides another date to begin the term of                                   
16 confinement, the court shall provide the defendant with written notice of the date,                                     
17 time, and location of the correctional facility to which the defendant must report. A                                   
18 defendant shall receive credit for time spent in custody pending trial, sentencing, or                                  
19 appeal, if the detention was in connection with the offense for which the sentence was                              
20 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS                                                                
21 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the                                         
22 actual time spent in custody pending trial, sentencing, or appeal. The time during                                      
23 which a defendant is voluntarily absent from official detention after the defendant has                                 
24       been sentenced may not be credited toward service of the sentence.                                                
25    * Sec. 58. AS 12.55.027(g) is amended to read:                                                                     
26 (g)  A court may not grant [GRANTING] credit against a sentence of                                                  
27 imprisonment under (d) of this section [MAY GRANT CREDIT OF NOT MORE                                                    
28 THAN 360 DAYS AGAINST A TOTAL TERM OF IMPRISONMENT IMPOSED]                                                             
29       for                                                                                                               
30                 (1)  a felony crime against a person under AS 11.41;                                                    
31                 (2)  a crime involving domestic violence as defined in AS 18.66.990;                                    
01                 (3)  a sex offense as defined in AS 12.63.100;                                                          
02                 (4)  an offense under AS 11.71 involving the delivery of a controlled                                   
03       substance [TO A PERSON UNDER 19 YEARS OF AGE];                                                                    
04                 (5)  burglary in the first degree under AS 11.46.300; [OR]                                              
05                 (6)  arson in the first degree under AS 11.46.400;                                                  
06                 (7)  a theft offense under AS 11.46.100; or                                                         
07                 (8)  vehicle theft under AS 11.46.360 or 11.46.365.                                                 
08    * Sec. 59. AS 12.55.051(a) is amended to read:                                                                     
09            (a)  If the defendant defaults in the payment of a fine or any installment or of                             
10 restitution or any installment, the court may order the defendant to show cause why                                     
11 the defendant should not be sentenced to imprisonment for nonpayment and, if the                                        
12 payment was made a condition of the defendant's probation, may revoke the probation                                     
13 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a                                                  
14 contempt or probation revocation proceeding brought as a result of failure to pay a                                     
15 fine or restitution, it is an affirmative defense that the defendant was unable to pay                                  
16 despite having made continuing good faith efforts to pay the fine or restitution. If the                                
17 court finds that the defendant was unable to pay despite having made continuing good                                    
18 faith efforts, the defendant may not be imprisoned solely because of the inability to                                   
19 pay. If the court does not find that the default was attributable to the defendant's                                    
20 inability to pay despite having made continuing good faith efforts to pay the fine or                                   
21 restitution, the court may order the defendant imprisoned until the order of the court                              
22 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of                                             
23 imprisonment imposed under this section may not exceed one day for each $50 of the                                      
24 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                               
25 be given toward satisfaction of the order of the court for every day a person is                                        
26       incarcerated for nonpayment of a fine or restitution.                                                             
27    * Sec. 60. AS 12.55.090(c) is amended to read:                                                                     
28            (c)  The period of probation, together with any extension, may not exceed                                    
29                 (1)  25 [15] years for a felony sex offense; or                                                 
30 (2)  10 years for any other offense [AN UNCLASSIFIED FELONY                                                         
31       UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;                                                                 
01                 (3)  FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1)                                                  
02       OR (2) OF THIS SUBSECTION;                                                                                        
03                 (4)  THREE YEARS FOR A MISDEMEANOR OFFENSE                                                              
04                      (A)  UNDER AS 11.41;                                                                               
05                      (B)  THAT IS A CRIME INVOLVING DOMESTIC                                                            
06            VIOLENCE; OR                                                                                                 
07                      (C)  THAT IS A SEX OFFENSE, AS THAT TERM IS                                                        
08            DEFINED IN AS 12.63.100;                                                                                     
09                 (5)  TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER                                                          
10 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN                                                            
11 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A                                                           
12       SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR                                                      
13 (6)  ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF                                                                 
14       THIS SUBSECTION].                                                                                                 
15    * Sec. 61. AS 12.55.090(g) is amended to read:                                                                     
16 (g)  A probation officer may [SHALL] recommend to the court that probation                                          
17       be terminated and a defendant be discharged from probation if the defendant                                       
18                 (1)  has completed at least                                                                             
19 (A)  two years on probation if the person was convicted of a                                                            
20 class A or class B felony that is not a crime under (4) [(5)] of this subsection;                                   
21            or                                                                                                           
22 (B)  18 months on probation if the person was convicted of a                                                            
23            crime that is not a crime                                                                                    
24                           (i)  under (A) of this paragraph; or                                                          
25                           (ii)  under (5) of this subsection;                                                           
26 (2)  has completed all treatment programs required as a condition of                                                    
27       probation;                                                                                                        
28 (3)  [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS                                                                     
29 OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED IN (1) OF                                                            
30       THIS SUBSECTION;                                                                                                  
31 (4)]  is currently in compliance with all conditions of probation for all                                               
01       of the cases for which the person is on probation; and                                                            
02                 (4) [(5)]  has not been convicted of an unclassified felony offense, a                              
03       sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as                               
04       defined in AS 18.66.990.                                                                                          
05    * Sec. 62. AS 12.55.125(c) is amended to read:                                                                     
06 (c)  Except as provided in (i) of this section, a defendant convicted of a class A                                      
07 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
08 and shall be sentenced to a definite term within the following presumptive ranges,                                      
09       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
10 (1)  if the offense is a first felony conviction and does not involve                                                   
11 circumstances described in (2) of this subsection, four [THREE] to seven [SIX] years;                           
12                 (2)  if the offense is a first felony conviction                                                        
13                      (A)  and the defendant                                                                         
14 [(A)]  possessed a firearm, used a dangerous instrument, or                                                             
15 caused serious physical injury or death during the commission of the offense,                                           
16            [FIVE TO NINE YEARS;] or                                                                                     
17 [(B)]  knowingly directed the conduct constituting the offense at                                                       
18 a uniformed or otherwise clearly identified peace officer, firefighter,                                                 
19 correctional employee, emergency medical technician, paramedic, ambulance                                               
20 attendant, or other emergency responder who was engaged in the performance                                              
21            of official duties at the time of the offense, seven to 11 years;                                            
22 (B)  and the conviction is for manufacturing related to                                                             
23            methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if                                 
24 (i)  the manufacturing occurred in a building with                                                                  
25 reckless disregard that the building was used as a permanent or                                                     
26 temporary home or place of lodging for one or more children                                                         
27 under 18 years of age or the building was a place frequented by                                                     
28                 children; or                                                                                        
29 (ii)  in the course of manufacturing or in preparation                                                              
30 for manufacturing, the defendant obtained the assistance of one or                                                  
31 more children under 18 years of age or one or more children were                                                    
01                 present;                                                                                            
02                 (3)  if the offense is a second felony conviction, nine [EIGHT] to 13                           
03       [12] years;                                                                                                       
04                 (4)  if the offense is a third felony conviction and the defendant is not                               
05       subject to sentencing under (l) of this section, 14 [13] to 20 years.                                         
06    * Sec. 63. AS 12.55.125(d) is amended to read:                                                                     
07 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
08 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
09 and shall be sentenced to a definite term within the following presumptive ranges,                                      
10       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
11 (1)  if the offense is a first felony conviction and does not involve                                                   
12 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years;                             
13 a defendant sentenced under this paragraph may, if the court finds it appropriate, be                                   
14 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                                 
15 probation under AS 12.55.086, the defendant is required to serve an active term                                     
16 of imprisonment within the range specified in this paragraph, unless the court                                      
17       finds that a mitigation factor under AS 12.55.155 applies;                                                    
18                 (2)  if the offense is a first felony conviction,                                                       
19                      (A)  the defendant violated AS 11.41.130, and the victim was                                   
20                      [(A)]  a child under 16 years of age, two to four years; [OR]                                      
21 (B)  two to four years if the conviction is for attempt,                                                            
22 solicitation, or conspiracy to manufacture related to methamphetamine                                               
23            under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and                                                     
24 (i)  the attempted manufacturing occurred, or the                                                                   
25 solicited or conspired offense was to have occurred, in a building                                                  
26 with reckless disregard that the building was used as a permanent                                                   
27 or temporary home or place of lodging for one or more children                                                      
28 under 18 years of age or the building was a place frequented by                                                     
29                 children; or                                                                                        
30 (ii)  in the course of an attempt to manufacture, the                                                               
31 defendant obtained the assistance of one or more children under 18                                                  
01                 years of age or one or more children were present [WAS 16 YEARS                                     
02                 OF AGE OR OLDER, ONE TO THREE YEARS];                                                                   
03                 (3)  if the offense is a second felony conviction, two to six [FIVE]                                
04       years;                                                                                                            
05                 (4)  if the offense is a third felony conviction, five [FOUR] to 10 years.                          
06    * Sec. 64. AS 12.55.125(i) is amended to read:                                                                     
07            (i)  A defendant convicted of                                                                                
08                 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                 
09       first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                              
10 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
11 sentenced to a definite term within the following presumptive ranges, subject to                                        
12       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
13 (A)  if the offense is a first felony conviction, the offense does                                                      
14 not involve circumstances described in (B) of this paragraph, and the victim                                            
15            was                                                                                                          
16                           (i)  less than 13 years of age, 25 to 35 years;                                               
17                           (ii)  13 years of age or older, 20 to 30 years;                                               
18 (B)  if the offense is a first felony conviction and the defendant                                                      
19 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
20            injury during the commission of the offense, 25 to 35 years;                                                 
21 (C)  if the offense is a second felony conviction and does not                                                          
22            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
23 (D)  if the offense is a second felony conviction and the                                                               
24            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
25 (E)  if the offense is a third felony conviction and the defendant                                                      
26 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                                     
27            to 60 years;                                                                                                 
28 (F)  if the offense is a third felony conviction, the defendant is                                                      
29 not subject to sentencing under (l) of this section, and the defendant has two                                          
30            prior convictions for sexual felonies, 99 years;                                                             
31 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(2),                                                         
01 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or                                        
02 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the                               
03 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                                    
04 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
05 sentenced to a definite term within the following presumptive ranges, subject to                                        
06       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
07 (A)  if the offense is a first felony conviction, the offense does                                                      
08 not involve circumstances described in (B) of this paragraph, and the victim                                            
09            was                                                                                                          
10                           (i)  under 13 years of age, 20 to 30 years;                                                   
11                           (ii)  13 years of age or older, 15 to 30 years;                                               
12 (B)  if the offense is a first felony conviction and the defendant                                                      
13 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
14            injury during the commission of the offense, 25 to 35 years;                                                 
15 (C)  if the offense is a second felony conviction and does not                                                          
16            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
17 (D)  if the offense is a second felony conviction and the                                                               
18            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
19 (E)  if the offense is a third felony conviction, the offense does                                                      
20 not involve circumstances described in (F) of this paragraph, and the defendant                                         
21            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
22 (F)  if the offense is a third felony conviction, the defendant is                                                      
23 not subject to sentencing under (l) of this section, and the defendant has two                                          
24            prior convictions for sexual felonies, 99 years;                                                             
25 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                                
26 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful                                           
27 exploitation of a minor under AS 11.41.455(c)(1), indecent viewing or production of                                 
28 a picture under AS 11.61.123(f)(1), or distribution of child pornography under                                      
29 AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more                                      
30 than 99 years and shall be sentenced to a definite term within the following                                            
31       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
01                      (A)  if the offense is a first felony conviction, five to 15 years;                                
02                      (B)  if the offense is a second felony conviction and does not                                     
03            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
04                      (C)  if the offense is a second felony conviction and the                                          
05            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
06                      (D)  if the offense is a third felony conviction and does not                                      
07            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
08                      (E)  if the offense is a third felony conviction and the defendant                                 
09            has two prior convictions for sexual felonies, 99 years;                                                     
10 (4)  sexual assault in the third degree, sexual abuse of a minor in the                                             
11 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree,                                  
12 indecent viewing or production of a picture under AS 11.61.123(f)(2), possession                                    
13 of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or                                    
14 attempt, conspiracy, or solicitation to commit sexual assault in the second degree,                                     
15 sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or                                      
16 distribution of child pornography, may be sentenced to a definite term of                                               
17 imprisonment of not more than 99 years and shall be sentenced to a definite term                                        
18 within the following presumptive ranges, subject to adjustment as provided in                                           
19       AS 12.55.155 - 12.55.175:                                                                                         
20                      (A)  if the offense is a first felony conviction, two to 12 years;                                 
21 (B)  if the offense is a second felony conviction and does not                                                          
22            involve circumstances described in (C) of this paragraph, eight to 15 years;                                 
23 (C)  if the offense is a second felony conviction and the                                                               
24            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
25 (D)  if the offense is a third felony conviction and does not                                                           
26            involve circumstances described in (E) of this paragraph, 15 to 25 years;                                    
27 (E)  if the offense is a third felony conviction and the defendant                                                      
28            has two prior convictions for sexual felonies, 99 years.                                                     
29    * Sec. 65. AS 12.55.125(q) is amended to read:                                                                     
30 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
31 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
01 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
02 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
03 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
04 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
05 imprisonment of two years and a minimum period of probation supervision of five                                         
06 years for conviction of a class C felony. The period of probation is in addition to any                                 
07 sentence received under (i) of this section and may not be suspended or reduced.                                    
08 Upon a defendant's release from confinement in a correctional facility, the                                         
09 defendant is subject to the probation requirement under this subsection and shall                                   
10       submit and comply with the terms and requirements of the probation.                                           
11    * Sec. 66. AS 12.55.135(a) is amended to read:                                                                     
12 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
13       definite term of imprisonment of not more than                                                                    
14                 [(1)]  one year [, IF THE                                                                               
15 (A)  CONVICTION IS FOR A CRIME WITH A                                                                                   
16 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE                                                                     
17            IMPRISONMENT;                                                                                                
18 (B)  TRIER OF FACT FINDS THE AGGRAVATING                                                                                
19 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS                                                                    
20 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE                                                                          
21            DEFINITION OF THE OFFENSE;                                                                                   
22 (C)  DEFENDANT HAS PAST CRIMINAL CONVICTIONS                                                                            
23 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS                                                                   
24 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE                                                                      
25            OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;                                                          
26 (D)  CONVICTION IS FOR AN ASSAULT IN THE FOURTH                                                                         
27            DEGREE UNDER AS 11.41.230; OR                                                                                
28                      (E)  CONVICTION IS FOR A VIOLATION OF                                                              
29                           (i)  AS 11.41.427;                                                                            
30                           (ii)  AS 11.41.440;                                                                           
31 (iii)  AS 11.41.460, IF THE INDECENT EXPOSURE                                                                           
01                 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;                                                               
02                           (iv)  AS 11.61.116(c)(2); OR                                                                  
03                           (v)  AS 11.61.118(a)(2);                                                                      
04                 (2)  30 DAYS].                                                                                          
05    * Sec. 67. AS 12.55.135(b) is amended to read:                                                                     
06            (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                    
07       definite term of imprisonment of not more than                                                                    
08                 (1)  30 [10] days unless otherwise specified in the provision of law                                
09       defining the offense or in this section;                                                                          
10                 (2)  90 days if the conviction is for a violation of                                                    
11 (A)  AS 11.61.116(c)(1) and the person is 21 years of age or                                                            
12            older; [OR]                                                                                                  
13 (B)  AS 11.61.120(a)(6) and the person is 21 years of age or                                                            
14            older; or                                                                                                    
15                      (C)  AS 11.61.220(a)(4)(B) or (C); or                                                          
16                 (3)  five days if the conviction is for a violation of AS 11.56.757.                                    
17    * Sec. 68. AS 12.55.145(a) is amended to read:                                                                     
18            (a)  For purposes of considering prior convictions in imposing sentence under                                
19                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
20 (A)  a prior conviction may not be considered if a period of 10                                                         
21 or more years has elapsed between the date of the defendant's unconditional                                             
22 discharge on the immediately preceding offense and commission of the present                                            
23            offense unless the prior conviction was for an unclassified or class A felony;                               
24 (B)  a conviction in this or another jurisdiction of an offense                                                         
25 having elements similar to those of a felony defined as such under Alaska law                                           
26            at the time the offense was committed is considered a prior felony conviction;                               
27 (C)  two or more convictions arising out of a single, continuous                                                        
28 criminal episode during which there was no substantial change in the nature of                                          
29 the criminal objective are considered a single conviction unless the defendant                                          
30 was sentenced to consecutive sentences for the crimes; offenses committed                                               
31 while attempting to escape or avoid detection or apprehension after the                                                 
01            commission of another offense are not part of the same criminal episode or                                   
02            objective;                                                                                                   
03                 (2)  AS 12.55.125(l),                                                                                   
04                      (A)  a conviction in this or another jurisdiction of an offense                                    
05            having elements similar to those of a most serious felony is considered a prior                              
06            most serious felony conviction;                                                                              
07 (B)  commission of and conviction for offenses relied on as                                                             
08 prior most serious felony offenses must occur in the following order:                                                   
09 conviction for the first offense must occur before commission of the second                                             
10 offense, and conviction for the second offense must occur before commission                                             
11            of the offense for which the defendant is being sentenced;                                                   
12                 (3)  AS 12.55.135(g),                                                                                   
13 (A)  a prior conviction may not be considered if a period of five                                                       
14 or more years has elapsed between the date of the defendant's unconditional                                             
15 discharge on the immediately preceding offense and commission of the present                                            
16            offense unless the prior conviction was for an unclassified or class A felony;                               
17 (B)  a conviction in this or another jurisdiction of an offense                                                         
18 having elements similar to those of a crime against a person or a crime                                                 
19            involving domestic violence is considered a prior conviction;                                                
20 (C)  two or more convictions arising out of a single, continuous                                                        
21 criminal episode during which there was no substantial change in the nature of                                          
22 the criminal objective are considered a single conviction unless the defendant                                          
23 was sentenced to consecutive sentences for the crimes; offenses committed                                               
24 while attempting to escape or avoid detection or apprehension after the                                                 
25 commission of another offense are not part of the same criminal episode or                                              
26            objective;                                                                                                   
27                 (4)  AS 12.55.125(i),                                                                                   
28 (A)  a conviction in this or another jurisdiction of an offense                                                         
29 having elements similar to those of a sexual felony is a prior conviction for a                                         
30            sexual felony;                                                                                               
31 (B)  a felony conviction in another jurisdiction making it a                                                            
01 crime to commit any lewd and lascivious act on [UPON] a child under the age                                         
02 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual                                        
03            desires of the defendant or the victim is a prior conviction for a sexual felony;                            
04 (C)  two or more convictions arising out of a single, continuous                                                        
05 criminal episode during which there was no substantial change in the nature of                                          
06 the criminal objective are considered a single conviction unless the defendant                                          
07 was sentenced to consecutive sentences for the crimes; offenses committed                                               
08 while attempting to escape or avoid detection or apprehension after the                                                 
09 commission of another offense are not part of the same criminal episode or                                              
10            objective;                                                                                                   
11 (D)  a conviction in this or another jurisdiction of an offense                                                     
12 having elements similar to those of a felony defined as such under Alaska                                           
13 law at the time the offense was committed is considered a prior felony                                              
14            conviction                                                                                               
15                 [(5)  AS 12.55.135(a),                                                                                  
16 (A)  A PRIOR CONVICTION MAY NOT BE CONSIDERED                                                                           
17 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN                                                                   
18 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE                                                                     
19 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION                                                                     
20 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS                                                                  
21            FOR AN UNCLASSIFIED OR CLASS A FELONY;                                                                       
22 (B)  A CONVICTION IN THIS OR ANOTHER                                                                                    
23 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO                                                                   
24 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH                                                                        
25 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS                                                                            
26            COMMITTED IS CONSIDERED A PRIOR CONVICTION;                                                                  
27 (C)  TWO OR MORE CONVICTIONS ARISING OUT OF A                                                                           
28 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE                                                                  
29 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE                                                                          
30 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION                                                                   
31 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE                                                                       
01 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE                                                                      
02 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR                                                                              
03 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE                                                                    
04 ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE].                                                                
05    * Sec. 69. AS 12.55.185(10) is amended to read:                                                                    
06                 (10)  "most serious felony" means                                                                       
07 (A)  arson in the first degree, sex trafficking in the first degree                                                     
08 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under                                                          
09 AS 11.41.452(e), or any unclassified or class A felony prescribed under                                                 
10            AS 11.41; or                                                                                                 
11 (B)  an attempt, or conspiracy to commit, or criminal                                                                   
12 solicitation under AS 11.31.110 of, an unclassified felony prescribed under                                             
13            AS 11.41;                                                                                                    
14    * Sec. 70. AS 12.55.185(16) is amended to read:                                                                    
15 (16)  "sexual felony" means sexual assault in the first degree, sexual                                                  
16 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in                            
17 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a                                  
18 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor,                                  
19 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2),                                        
20 distribution of child pornography, sexual assault in the third degree, incest, indecent                                 
21 exposure in the first degree, possession of child pornography, [ONLINE] enticement                                      
22       of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;                               
23    * Sec. 71. AS 12.63.010(d) is amended to read:                                                                   
24            (d)  A sex offender or child kidnapper required to register                                                  
25 (1)  for 15 years under (a) of this section and AS 12.63.020                                                        
26 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under                                       
27 AS 12.63.020, on a date set by the department at the time of the sex offender's or child                                
28 kidnapper's initial registration, provide written verification to the department, in the                                
29 manner required by the department, of the sex offender's or child kidnapper's address                                   
30 and notice of any changes to the information previously provided under (b)(1) of this                                   
31       section;                                                                                                          
01 (2)  for life under (a) of this section and AS 12.63.020                                                            
02 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department,                                   
03 provide written verification to the department, in the manner required by the                                           
04 department, of the sex offender's or child kidnapper's address and any changes to the                                   
05       information previously provided under (b)(1) of this section.                                                     
06    * Sec. 72. AS 12.63.020 is amended to read:                                                                        
07            Sec. 12.63.020. Duration of sex offender or child kidnapper duty to                                        
08       register. (a) The duty of a sex offender or child kidnapper to comply with the                                  
09       requirements of AS 12.63.010 is as follows:                                                                   
10 (1)  for a sex offender or child kidnapper, as that term is defined in                                              
11       AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty                                    
12 (A) [(1)]  continues for the lifetime of a sex offender or child                                                    
13            kidnapper convicted of                                                                                       
14                           (i) [(A)]  one aggravated sex offense; or                                                 
15 (ii) [(B)]  two or more sex offenses, two or more child                                                             
16 kidnappings, or one sex offense and one child kidnapping; for purposes                                                  
17 of this section, a person convicted of indecent exposure before a person                                                
18 under 16 years of age under AS 11.41.460 more than two times has                                                        
19                 been convicted of two or more sex offenses;                                                             
20 (B) [(2)]  ends 15 years following the sex offender's or child                                                      
21 kidnapper's unconditional discharge from a conviction for a single sex offense                                          
22 that is not an aggravated sex offense or for a single child kidnapping if the sex                                       
23 offender or child kidnapper has supplied proof that is acceptable to the                                                
24 department of the unconditional discharge; the registration period under this                                           
25            subparagraph                                                                                             
26 (i)  [PARAGRAPH (A)]  is tolled for each year that a                                                                
27 sex offender or child kidnapper [(i)] fails to comply with the                                                          
28 requirements of this chapter or [; (ii)] is incarcerated for the offense or                                         
29 kidnapping for which the offender or kidnapper is required to register                                                  
30                 or for any other offense;                                                                               
31 (ii) [(B)]  may include the time a sex offender or child                                                            
01 kidnapper was absent from this state if the sex offender or child                                                       
02 kidnapper has complied with any sex offender or child kidnapper                                                         
03 registration requirements of the jurisdiction in which the offender or                                                  
04 kidnapper was located and if the sex offender or child kidnapper                                                        
05 provides the department with proof of the compliance while the sex                                                      
06                 offender or child kidnapper was absent from this state; and                                             
07 (iii) [(C)]  continues for a sex offender or child                                                                  
08 kidnapper who has not supplied proof acceptable to the department of                                                    
09 the offender's or kidnapper's unconditional discharge for the sex                                                       
10                 offense or child kidnapping requiring registration;                                                 
11 (2)  for a sex offender or child kidnapper, as that term is defined in                                              
12 AS 12.63.100(6)(B), the duty continues for the period determined by the                                             
13       department under (b) of this section.                                                                         
14            (b)  The department shall adopt, by regulation,                                                              
15                 (1)  procedures to notify a sex offender or child kidnapper                                         
16 (A)  who, on the registration form under AS 12.63.010, lists a                                                      
17 conviction for a sex offense or child kidnapping that is a violation of a former                                        
18 law of this state or a law of another jurisdiction, of the duration of the                                              
19 offender's or kidnapper's duty under (a) of this section for that sex offense or                                        
20            child kidnapping;                                                                                        
21 (B)  as that term is defined in AS 12.63.100(6)(B), of the                                                          
22 duration of the sex offender or child kidnapper's duty under (a) of this                                            
23 section; in adopting regulations under this subparagraph, the department                                            
24            shall                                                                                                    
25 (i)  consider the period of registration required in the                                                            
26                 other jurisdiction; and                                                                             
27 (ii)  provide for tolling of the registration period if                                                             
28 the sex offender or child kidnapper fails to comply with the                                                        
29                 requirements of this chapter or is incarcerated;                                                    
30 (2)  a requirement that an [. AS A PART OF THE REGULATIONS,                                                         
31 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply                                                     
01       proof acceptable to the department of unconditional discharge and the date it occurred.                           
02    * Sec. 73. AS 12.63.100(6) is amended to read:                                                                     
03                 (6)  "sex offender or child kidnapper" means                                                            
04                      (A)  a person convicted of a sex offense or child kidnapping in                                
05            this state or another jurisdiction regardless of whether the conviction occurred                             
06            before, after, or on January 1, 1999; or                                                                 
07                      (B)  a person charged and convicted as an adult of an                                          
08            offense that requires registration as a sex offender or child kidnapper in                               
09            another jurisdiction;                                                                                    
10    * Sec. 74. AS 12.63.100(7) is amended to read:                                                                     
11                 (7)  "sex offense" means                                                                                
12 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
13 another jurisdiction, in which the person committed or attempted to commit a                                            
14 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
15 this subparagraph, "sexual offense" has the meaning given in                                                            
16            AS 11.41.100(a)(3);                                                                                          
17 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
18 another jurisdiction, in which the person committed or attempted to commit                                              
19            one of the following crimes, or a similar law of another jurisdiction:                                       
20                           (i)  sexual assault in the first degree;                                                      
21                           (ii)  sexual assault in the second degree;                                                    
22                           (iii)  sexual abuse of a minor in the first degree; or                                        
23                           (iv)  sexual abuse of a minor in the second degree;                                           
24 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
25            a crime, under the following statutes or a similar law of another jurisdiction:                              
26                           (i)  AS 11.41.410 - 11.41.438;                                                                
27                           (ii)  AS 11.41.440(a)(2);                                                                     
28                           (iii)  AS 11.41.450 - 11.41.458;                                                              
29 (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                                                   
30 exposure is before a person under 16 years of age and the offender has                                                  
31                 previously been convicted under AS 11.41.460 or AS 26.05.900(c);                                        
01                           (v)  AS 11.61.125 - 11.61.128;                                                                
02                           (vi)  AS 11.66.110, 11.66.130(a)(2)(B), or                                                    
03                 AS 26.05.900(b) if the person who was induced or caused to engage in                                    
04                 prostitution was under 20 years of age at the time of the offense;                                      
05                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
06                 with the intent to commit rape under former AS 11.15.160, former                                        
07                 AS 11.40.110, or former 11.40.200;                                                                      
08                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
09                 conviction for that offense;                                                                            
10 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
11                 punishment under AS 11.66.100(e);                                                                       
12 (x)  AS 26.05.890 if the person engaged in sexual                                                                       
13                 penetration or sexual contact with the victim;                                                          
14 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                  
15 victim is under a duty to obey the lawful orders of the offender,                                                       
16 regardless of whether the offender is in the direct chain of command                                                    
17                 over the victim;                                                                                        
18 (xii)  AS 26.05.893 if the person engaged in sexual                                                                     
19                 penetration or sexual contact with the victim;                                                          
20 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                              
21                 years of age at the time of the offense; [OR]                                                           
22 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                                 
23 victim is under a duty to obey the lawful orders of the offender,                                                       
24 regardless of whether the offender is in the direct chain of command                                                    
25                 over the victim; or                                                                                     
26 (xv)  AS 11.61.123 if the offender is subject to                                                                    
27                 punishment under AS 11.61.123(f)(1) or (2);                                                         
28 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                          
29 commit an offense, under AS 26.05.935(b), or a similar law of another                                                   
30 jurisdiction, if the member of the militia commits one of the following                                                 
31 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform                                                
01            Code of Military Justice):                                                                                   
02                           (i)  child pornography; or                                                                    
03                           (ii)  pandering and prostitution if the person who is                                         
04                 induced, enticed, caused, or procured to engage in a sexual act is under                                
05                 20 years of age at the time of the offense; or                                                      
06                      (E)  an offense in which the person is required to register as                                 
07            a sex offender under the laws of another jurisdiction;                                                   
08    * Sec. 75. AS 28.15.291(b) is amended to read:                                                                     
09            (b)  Driving while license canceled, suspended, revoked, or in violation of a                                
10       limitation is                                                                                                     
11 [(1)]  a class A misdemeanor [IF THE PERSON VIOLATES (a)(1) OF                                                          
12 THIS SECTION]; upon conviction, the court shall impose a minimum sentence of                                            
13       imprisonment of not less than 10 days                                                                             
14 (1) [(A)]  with 10 days suspended if the person has not been previously                                             
15       convicted under (a) [(a)(1)] of this section or a similar law of another jurisdiction; or                     
16 (2) [(B)]  if the person has been previously convicted under (a) [(a)(1)]                                       
17       of this section or a similar law in another jurisdiction [;                                                       
18 (2)  AN INFRACTION IF THE PERSON VIOLATES (a)(2) OR (3)                                                                 
19       OF THIS SECTION].                                                                                                 
20    * Sec. 76. AS 28.35.030(o) is amended to read:                                                                     
21 (o)  Upon request, the department shall review a driver's license revocation                                            
22 imposed under (n)(3) of this section and, unless the revocation was ordered in a                                    
23 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
24       11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction,                                    
25                 (1)  may restore the driver's license if                                                                
26 (A)  the license has been revoked for a period of at least 10                                                           
27            years;                                                                                                       
28 (B)  the person has not been convicted of a [DRIVING-                                                                   
29 RELATED] criminal offense in the 10 years preceding the request for                                                 
30            restoration of [SINCE] the license [WAS REVOKED]; and                                                    
31                      (C)  the person provides proof of financial responsibility;                                        
01                 (2)  shall restore the driver's license if                                                              
02                      (A)  the person has been granted limited license privileges                                        
03            under AS 28.15.201(g) and has successfully driven under that limited license                                 
04            for three years without having the limited license privileges revoked;                                       
05                      (B)  the person has successfully completed a court-ordered                                         
06            treatment program under AS 28.35.028 or a rehabilitative treatment program                                   
07            under AS 28.15.201(h);                                                                                       
08                      (C)  the person has not been convicted of a violation of                                           
09            AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                                   
10            jurisdiction since the license was revoked;                                                                  
11 (D)  the person is otherwise eligible to have the person's driving                                                      
12 privileges restored as provided in AS 28.15.211; in an application under this                                           
13 subsection, a person whose license was revoked for a violation of                                                       
14 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as                                                 
15            required under AS 28.35.030(h) or 28.35.032(l); and                                                          
16                      (E)  the person provides proof of financial responsibility.                                        
17    * Sec. 77. AS 28.35.032(q) is amended to read:                                                                     
18 (q)  Upon request, the department shall review a driver's license revocation                                            
19 imposed under (p)(3) of this section and, unless the revocation was ordered in a                                    
20 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
21 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may                                      
22       restore the driver's license if                                                                                   
23                 (1)  the license has been revoked for a period of at least 10 years;                                    
24 (2)  the person has not been convicted of a criminal offense in the 10                                              
25 years preceding the request for restoration of [SINCE] the license [WAS                                             
26       REVOKED]; and                                                                                                     
27                 (3)  the person provides proof of financial responsibility.                                             
28    * Sec. 78. AS 33.05.020(h) is amended to read:                                                                     
29 (h)  The commissioner shall establish by regulation a program that entitles a                                       
30 probationer to a deduction of one-third of the period of probation, rounded off to                                  
31 the nearest day, for compliance [ALLOWING PROBATIONERS TO EARN                                                      
01 CREDITS FOR COMPLYING] with the conditions of probation and for loss of the                                         
02 deduction for noncompliance with the conditions [THE CREDITS EARNED                                                 
03 REDUCE THE PERIOD OF PROBATION]. Nothing in this subsection prohibits the                                               
04 department from recommending to the court the early discharge of the probationer as                                     
05       provided in AS 33.30. At a minimum, the regulations must                                                          
06                 (1)  [REQUIRE THAT A PROBATIONER EARN A CREDIT OF 30                                                    
07       DAYS FOR EACH 30-DAY PERIOD SERVED IN WHICH THE DEFENDANT                                                         
08       COMPLIED WITH THE CONDITIONS OF PROBATION;                                                                        
09                 (2)]  include policies and procedures for                                                               
10                      (A)  calculating and tracking credits earned by probationers;                                      
11 (B)  reducing the probationer's period of probation based on the                                                    
12 probationer's compliance with the conditions of probation [CREDITS                                                  
13            EARNED BY THE PROBATIONER]; and                                                                              
14                      (C)  notifying a victim under AS 33.30.013;                                                        
15 (2) [(3)]  require that a probationer convicted of a [SEX OFFENSE AS                                                
16 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in                                           
17 as 18.66.990 complete all treatment programs required as a condition of probation                                       
18       before discharge based on credits earned under this subsection.                                                   
19    * Sec. 79. AS 33.05.020 is amended by adding new subsections to read:                                              
20 (i)  A probationer may not be enrolled in the program established under (h) of                                          
21       this section if the probationer is on probation for                                                               
22                 (1)  an unclassified felony;                                                                            
23                 (2)  a sex offense as defined in AS 12.63.100;                                                          
24                 (3)  a felony crime against a person under AS 11.41;                                                    
25 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                                   
26       that is an offense under AS 11.41.                                                                                
27 (j)  The commissioner shall establish by regulation a program that determines a                                         
28 pretrial risk assessment score for all defendants detained in custody in a correctional                                 
29 facility following arrest and for any defendant for whom the prosecution requests to                                    
30       have a pretrial risk assessment at the next hearing or arraignment.                                               
31 (k)  In establishing the program under (j) of this section, the commissioner                                            
01 shall approve a risk assessment instrument that is objective, standardized, and                                         
02 developed based on analysis of empirical data and risk factors relevant to pretrial                                     
03 failure, that evaluates the likelihood of an offender's failure to appear in court and the                              
04 likelihood of an offender's rearrest during the pretrial period, and that is validated on                               
05 the state's pretrial population. The commissioner shall periodically reassess the risk                                  
06 assessment instrument for its effectiveness in determining the likelihood of an                                         
07       offender's failure to appear in court or rearrest during the pretrial period.                                     
08    * Sec. 80. AS 33.05.040(a) is amended to read:                                                                     
09            (a)  A probation officer shall                                                                               
10 (1)  furnish to each probationer under the supervision of the officer a                                                 
11 written statement of the conditions of probation and shall instruct the probationer                                     
12       regarding the same;                                                                                               
13 (2)  keep informed concerning the conduct and condition of each                                                         
14 probationer under the supervision of the officer and shall report on the probationer to                                 
15       the court placing that person on probation;                                                                       
16 (3)  use all suitable methods, not inconsistent with the conditions                                                     
17 imposed by the court, to aid probationers and to bring about improvements in their                                      
18       conduct and condition;                                                                                            
19 (4)  keep records of the probation work, including administrative                                                       
20 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep                                      
21 accurate and complete accounts of all money collected from persons under the                                            
22 supervision of the officer, give receipts for money collected and make at least monthly                                 
23 returns of it, make the reports to the court and the commissioner required by them, and                                 
24       perform other duties the court may direct;                                                                        
25 (5)  perform duties with respect to persons on parole as the                                                            
26       commissioner shall request, and in that service shall be termed a parole officer;                                 
27 (6)  use administrative sanctions and incentives developed under                                                        
28 AS 33.05.020(g) to respond to a probationer's negative and positive behavior,                                           
29 including responses to technical violations of conditions of probation, in a way that is                                
30 intended to interrupt negative behavior in a swift, certain, and proportional manner                                    
31       and support progress with a recognition of positive behavior;                                                     
01 (7)  upon determining that a probationer under the supervision of the                                                   
02 officer meets the requirements of AS 12.55.090(g), consider recommending                                            
03 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be                                                     
04       terminated and the probationer be discharged from probation;                                                      
05 (8)  for each probationer who owes restitution and who is under the                                                     
06 supervision of the officer, create a restitution payment schedule based on the                                          
07 probationer's income and ability to pay if the court has not already set a restitution                                  
08       payment schedule;                                                                                                 
09 (9)  accommodate the diligent efforts of each probationer to secure and                                                 
10 maintain steady employment or to participate in educational courses or training                                         
11       programs when prescribing the times at which a probationer shall report;                                          
12 (10)  permit each probationer to travel in the state to make diligent                                                   
13 efforts to secure and maintain steady employment or to participate in educational                                       
14 courses or training programs if the travel is not inconsistent with other terms and                                     
15       conditions of probation;                                                                                      
16 (11)  report on the probationer by making a recommendation to                                                       
17 the court to revoke probation or to maintain existing probation conditions when                                     
18       a petition to revoke probation is filed.                                                                      
19    * Sec. 81. AS 33.16.060(a) is amended to read:                                                                     
20            (a)  The board shall                                                                                         
21                 (1)  serve as the parole authority for the state;                                                       
22 (2)  upon receiving a prisoner's application, consider the suitability                                              
23 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary                              
24 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF                                                     
25 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR]                                                         
26       special medical parole;                                                                                           
27 (3)  impose parole conditions on all prisoners released under special                                                   
28       medical, discretionary, or mandatory parole;                                                                      
29 (4)  under AS 33.16.210, discharge a person from parole when custody                                                    
30       is no longer required;                                                                                            
31                 (5)  maintain records of the meetings and proceedings of the board;                                     
01                 (6)  recommend to the governor and the legislature changes in the law                                   
02       administered by the board;                                                                                        
03                 (7)  recommend to the governor or the commissioner changes in the                                       
04       practices of the department and of other departments of the executive branch                                      
05       necessary to facilitate the purposes and practices of parole;                                                     
06                 (8)  upon request of the governor, review and recommend applicants                                      
07       for executive clemency; and                                                                                       
08                 (9)  execute other responsibilities prescribed by law.                                                  
09    * Sec. 82. AS 33.16.090(a) is amended to read:                                                                     
10 (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                             
11 days may, in the discretion of the board, be released on discretionary parole if the                                    
12       prisoner                                                                                                          
13 (1)  has served the amount of time specified under (b) of this section,                                                 
14       except that                                                                                                       
15 (A)  a prisoner sentenced to one or more mandatory 99-year                                                              
16 terms under AS 12.55.125(a) or one or more definite terms under                                                         
17            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
18 (B)  a prisoner is not eligible for consideration of discretionary                                                      
19            parole if made ineligible by order of a court under AS 12.55.115;                                            
20 (C)  a prisoner imprisoned under AS 12.55.086 is not eligible                                                           
21 for discretionary parole unless the actual term of imprisonment is more than                                            
22            one year;                                                                                                    
23 (D)  a prisoner sentenced to a single sentence within or                                                            
24 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3)                                          
25 and (4), or (i) who has not been allowed by the three-judge panel under                                             
26 AS 12.55.175 to be considered for discretionary parole release is not                                               
27            eligible for consideration of discretionary parole;                                                      
28 (E)  a prisoner sentenced to a single sentence, including a                                                         
29 consecutive or partially consecutive sentence, that is not eligible for a good                                      
30 time deduction under AS 33.20.010(a)(3) and that has not been allowed by                                            
31 the three-judge panel under AS 12.55.175 to be considered for                                                       
01            discretionary parole release is not eligible for consideration of                                        
02            discretionary parole; or                                                                                 
03                 (2)  is at least 60 years of age, has served at least 10 years of a sentence                            
04       for one or more crimes in a single judgment, and has not been convicted of an                                     
05       unclassified felony or a sexual felony as defined in AS 12.55.185.                                                
06    * Sec. 83. AS 33.16.090(b) is amended to read:                                                                     
07            (b)  A prisoner eligible under (a)(1) of this section who is sentenced                                       
08                 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                       
09       released on discretionary parole until the prisoner has served the mandatory minimum                              
10 term under AS 12.55.125(a) or (b), one-half [ONE-THIRD] of the active term of                                       
11       imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest;                                  
12 (2)  to a single sentence within or below a presumptive range set out in                                                
13 AS 12.55.125(i)(1) and (2), and has not been allowed by the three-judge panel under                                     
14 AS 12.55.175 to be considered for discretionary parole release, may not be released on                                  
15 discretionary parole until the prisoner has served the term imposed, less good time                                     
16       earned under AS 33.20.010;                                                                                        
17 (3)  to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and                                           
18 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under                                  
19 AS 12.55.175 to be considered for discretionary parole release during the second half                                   
20       of the sentence, may not be released on discretionary parole until                                                
21 (A)  the prisoner has served that portion of the active term of                                                         
22            imprisonment required by the three-judge panel; and                                                          
23 (B)  in addition to the factors set out in AS 33.16.100(a), the                                                         
24            board determines that                                                                                        
25 (i)  the prisoner has successfully completed all                                                                        
26 rehabilitation programs ordered by the three-judge panel that were                                                      
27                 made available to the prisoner; and                                                                     
28 (ii)  the prisoner would not constitute a danger to the                                                                 
29                 public if released on parole;                                                                           
30 (4)  to a single enhanced sentence under AS 12.55.155(a) that is above                                                  
31 the applicable presumptive range may not be released on discretionary parole until the                                  
01       prisoner has served the greater of the following:                                                                 
02                      (A)  an amount of time, less good time earned under                                                
03            AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                
04            of the amount of time above the presumptive range; or                                                        
05                      (B)  any term set under AS 12.55.115;                                                              
06 (5)  to a single sentence under any other provision of law may not be                                                   
07 released on discretionary parole until the prisoner has served at least one-fourth of the                               
08 active term of imprisonment, any mandatory minimum sentence imposed under any                                           
09       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
10 (6)  to concurrent sentences may not be released on discretionary parole                                                
11       until the prisoner has served the greatest of                                                                     
12 (A)  any mandatory minimum sentence or sentences imposed                                                                
13            under any provision of law;                                                                                  
14                      (B)  any term set under AS 12.55.115; or                                                           
15 (C)  the amount of time that is required to be served under (1) -                                                       
16 (5) or (8) of this subsection for the sentence imposed for the primary crime,                                       
17            had that been the only sentence imposed;                                                                     
18 (7)  to consecutive or partially consecutive sentences may not be                                                       
19       released on discretionary parole until the prisoner has served the greatest of                                    
20 (A)  the composite total of any mandatory minimum sentence or                                                           
21            sentences imposed under any provision of law, including AS 12.55.127;                                        
22                      (B)  any term set under AS 12.55.115; or                                                           
23 (C)  the amount of time that is required to be served under (1) -                                                       
24 (5) or (8) of this subsection for the sentence imposed for the primary crime,                                       
25 had that been the only sentence imposed, plus one-quarter of the composite                                              
26 total of the active term of imprisonment imposed as consecutive or partially                                            
27            consecutive sentences imposed for all crimes other than the primary crime;                                   
28 (8)  to a single sentence under AS 12.55.125(d) for an offense under                                                
29 AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by                                 
30 the three-judge panel under AS 12.55.175 to be considered for discretionary parole                                      
31 release, may not be released on discretionary parole until the prisoner has served [,                                   
01       AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010,] one-                                                  
02       half of the active term of imprisonment imposed.                                                                  
03    * Sec. 84. AS 33.16.100(a) is amended to read:                                                                     
04 (a)  The board may authorize the release of a prisoner [CONVICTED OF AN                                                 
05 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and                                                   
06 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability                                    
07       exists that                                                                                                       
08                 (1)  the prisoner will live and remain at liberty without violating any                                 
09       laws or conditions imposed by the board;                                                                          
10 (2)  the prisoner's rehabilitation and reintegration into society will be                                               
11       furthered by release on parole;                                                                                   
12 (3)  the prisoner will not pose a threat of harm to the public if released                                              
13       on parole; and                                                                                                    
14 (4)  release of the prisoner on parole would not diminish the                                                           
15       seriousness of the crime.                                                                                         
16    * Sec. 85. AS 33.16.100 is amended by adding a new subsection to read:                                             
17 (h)  If the board considers an application for discretionary parole and denies                                          
18 parole because the prisoner does not meet the standards in (a) or (g) of this section, the                              
19 board may make the prisoner ineligible for further consideration of discretionary                                       
20 parole or require that additional time be served before the prisoner is again eligible for                              
21       consideration for discretionary parole.                                                                           
22    * Sec. 86. AS 33.16.130(a) is repealed and reenacted to read:                                                      
23 (a)  A prisoner eligible for discretionary parole may apply to the board for                                            
24 discretionary parole. As part of the application for parole, the prisoner shall submit to                               
25 the board a parole release plan that includes information concerning the prisoner's plan                                
26       for employment, residence, and rehabilitation if released on parole.                                              
27    * Sec. 87. AS 33.16.130(b) is amended to read:                                                                     
28 (b)  Before the board determines a prisoner's suitability for discretionary                                         
29 parole, the prisoner is entitled to a hearing before the board. The                                                 
30 [COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL FURNISH                                                              
31 TO THE] prisoner shall be furnished a copy of the preparole reports listed in                                       
01 AS 33.16.110(a), and the prisoner shall be permitted access to all records that the                                     
02 board will consider in making its decision except those that are made confidential by                                   
03 law. The prisoner may also respond in writing to all materials the board considers, be                                  
04       present at the hearing, and present evidence to the board.                                                        
05    * Sec. 88. AS 33.16.210(c) is amended to read:                                                                     
06            (c)  A parole officer may [SHALL] recommend to the board early discharge                                 
07       for a parolee who                                                                                                 
08                 (1)  has completed at least one year on parole;                                                         
09                 (2)  has completed all treatment programs required as a condition of                                    
10       parole;                                                                                                           
11 (3)  is currently in compliance with all conditions of parole for all                                               
12 of the cases for which the person is on parole and has not been found in violation of                               
13       conditions of parole by the board for at least one year; and                                                      
14                 (4)  has not been convicted of                                                                          
15                      (A)  an unclassified felony offense under AS 11;                                                   
16                      (B)  a sexual felony as defined in AS 12.55.185; or                                                
17 (C)  a crime involving domestic violence as defined in                                                                  
18            AS 18.66.990.                                                                                                
19    * Sec. 89. AS 33.16.220(b) is amended to read:                                                                     
20 (b)  Except as provided in (e) of this section, within 15 working days after the                                        
21 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER                                   
22 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its                                                        
23 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its                                 
24 designee shall determine if there is probable cause to believe that the parolee violated                                
25 the conditions of parole and, when probable cause exists, whether the parolee should                                    
26 be released pending a final revocation hearing. A finding of probable cause at a                                        
27 preliminary hearing in a criminal case is conclusive proof of probable cause that a                                     
28       parole violation occurred.                                                                                        
29    * Sec. 90. AS 33.16.220(i) is amended to read:                                                                     
30 (i)  If, after the final revocation hearing, the board finds that the parolee has                                       
31 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                                  
01 ordinance, the board may revoke all or a portion of the remaining period of parole                                      
02 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition                                                
03 of parole. A parolee's period of parole is tolled from the date of filing with the parole                               
04 board of a violation report until the date of the final revocation hearing [FOR                                     
05 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE                                                                 
06 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE                                                                   
07 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE                                                       
08 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE                                                                    
09 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE                                                                
10 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN                                                                 
11       TOLLED AS DESCRIBED IN THIS SECTION].                                                                             
12    * Sec. 91. AS 33.16.270 is amended to read:                                                                        
13 Sec. 33.16.270. Compliance [EARNED COMPLIANCE] credits. The                                                         
14 commissioner shall establish by regulation a program that entitles a parolee to a                                   
15 deduction of one-third of the period of parole, rounded off to the nearest day, for                                 
16 compliance [ALLOWING PAROLEES TO EARN CREDITS FOR COMPLYING]                                                        
17 with the conditions of parole and for loss of the deduction for noncompliance with                                  
18 the conditions [THE EARNED COMPLIANCE CREDITS REDUCE THE PERIOD                                                     
19 OF PAROLE]. Nothing in this section prohibits the department from recommending                                          
20 to the board the early discharge of the parolee as provided in this chapter. At a                                       
21       minimum, the regulations must                                                                                     
22 (1)  [REQUIRE THAT A PAROLEE EARN A CREDIT OF 30 DAYS                                                                   
23 FOR EACH 30-DAY PERIOD SERVED IN WHICH THE PAROLEE COMPLIED                                                             
24       WITH THE CONDITIONS OF PAROLE;                                                                                    
25                 (2)]  include policies and procedures for                                                               
26                      (A)  calculating and tracking credits earned by parolees;                                          
27 (B)  reducing the parolee's period of parole based on the                                                           
28 parolee's compliance with the conditions of parole; [CREDITS EARNED                                                 
29            BY THE PAROLEE] and                                                                                          
30                      (C)  notifying a victim under AS 33.30.013;                                                    
31 (2) [(3)]  require that a parolee convicted of a [SEX OFFENSE AS                                                    
01       DEFINED IN AS 12.63.100 OR A] crime involving domestic violence, as defined in                                
02       AS 18.66.990, complete all treatment programs required as a condition of parole                               
03       before discharge based on credits earned under this section.                                                      
04    * Sec. 92. AS 33.16.270 is amended by adding a new subsection to read:                                             
05            (b)  A parolee may not earn credits under (a) of this section if the parolee is on                           
06       parole for                                                                                                        
07                 (1)  an unclassified felony;                                                                            
08                 (2)  a sex offense as defined in AS 12.63.100;                                                          
09                 (3)  a felony crime against a person under AS 11.41;                                                    
10 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                                   
11       that is an offense under AS 11.41.                                                                                
12    * Sec. 93. AS 33.30.011(a) is amended to read:                                                                     
13            (a)  The commissioner shall                                                                                  
14 (1)  establish, maintain, operate, and control correctional facilities                                                  
15 suitable for the custody, care, and discipline of persons charged or convicted of                                       
16 offenses against the state or held under authority of state law; each correctional facility                             
17 operated by the state shall be established, maintained, operated, and controlled in a                                   
18       manner that is consistent with AS 33.30.015;                                                                      
19                 (2)  classify prisoners;                                                                                
20 (3)  for persons committed to the custody of the commissioner,                                                          
21       establish programs, including furlough programs that are reasonably calculated to                                 
22 (A)  protect the public and the victims of crimes committed by                                                          
23            prisoners;                                                                                                   
24                      (B)  maintain health;                                                                              
25                      (C)  create or improve occupational skills;                                                        
26                      (D)  enhance educational qualifications;                                                           
27                      (E)  support court-ordered restitution; and                                                        
28 (F)  otherwise provide for the rehabilitation and reformation of                                                        
29            prisoners, facilitating their reintegration into society;                                                    
30                 (4)  provide necessary                                                                                  
31 (A)  medical services for prisoners in correctional facilities or                                                       
01            who are committed by a court to the custody of the commissioner, including                                   
02            examinations for communicable and infectious diseases;                                                       
03                      (B)  psychological or psychiatric treatment if a physician or                                      
04            other health care provider, exercising ordinary skill and care at the time of                                
05            observation, concludes that                                                                                  
06                           (i)  a prisoner exhibits symptoms of a serious disease or                                     
07                 injury that is curable or may be substantially alleviated; and                                          
08                           (ii)  the potential for harm to the prisoner by reason of                                     
09                 delay or denial of care is substantial; and                                                             
10 (C)  assessment or screening of the risks and needs of offenders                                                        
11 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                                         
12 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                               
13            disorder;                                                                                                    
14 (5)  establish minimum standards for sex offender treatment programs                                                    
15       offered to persons who are committed to the custody of the commissioner;                                          
16 (6)  provide for fingerprinting in correctional facilities in accordance                                                
17       with AS 12.80.060;                                                                                                
18 (7)  establish a program to conduct assessments of the risks and needs                                                  
19 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND                                
20 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY                                                             
21 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST                                                             
22 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING                                                               
23 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a                                                    
24 requirement for an assessment before a prisoner's release on parole, furlough, or                                       
25       electronic monitoring from a correctional facility;                                                               
26 (8)  establish a procedure that provides for each prisoner required to                                                  
27       serve an active term of imprisonment of 90 [30] days or more a written case plan that                         
28 (A)  takes effect and is provided to the prisoner within 90 days                                                    
29            after sentencing;                                                                                            
30 (B)  is based on the results of the assessment of the prisoner's                                                        
31            risks and needs under (7) of this subsection;                                                                
01                      (C)  includes a requirement to follow the rules of the institution;                                
02                      (D)  is modified when necessary for changes in classification,                                     
03            housing status, medical or mental health, and resource availability;                                         
04                      (E)  includes participation in programming that addresses the                                      
05            needs identified in the assessment;                                                                          
06 (9)  establish a program to begin reentry planning with each prisoner                                                   
07 serving an active term of imprisonment of 90 days or more; reentry planning must                                        
08 begin at least 90 days before release on furlough or probation or parole; the reentry                                   
09       program must include                                                                                              
10 (A)  a written reentry plan for each prisoner completed upon                                                            
11 release on furlough or probation or parole that includes information on the                                             
12            prisoner's proposed                                                                                          
13                           (i)  residence;                                                                               
14                           (ii)  employment or alternative means of support;                                             
15                           (iii)  treatment options;                                                                     
16                           (iv)  counseling services;                                                                    
17                           (v)  education or job training services;                                                      
18 (B)  any other requirements for successful transition back to the                                                       
19 community, including electronic monitoring or furlough for the period between                                           
20            a scheduled parole hearing and parole eligibility;                                                           
21 (C)  coordination with the Department of Labor and Workforce                                                            
22 Development to provide access, after release, to job training and employment                                            
23            assistance; and                                                                                          
24 (D)  coordination with community reentry coalitions or                                                              
25            other providers of reentry services if available;                                                        
26                 (10)  for offenders under electronic monitoring, establish                                              
27 (A)  minimum standards for electronic monitoring, which may                                                             
28 include the requirement of active, real-time monitoring using global                                                    
29            positioning systems; and                                                                                     
30 (B)  procedures for oversight and approving electronic                                                                  
31            monitoring programs and systems provided by private contractors; [AND]                                       
01                 (11)  assist a prisoner in obtaining a valid state identification card if the                           
02       prisoner does not have a valid state identification card before the prisoner's release; the                       
03       department shall pay the application fee for the identification card; and                                     
04 (12)  provide to the legislature, by electronic means, by January 10                                                
05 preceding the first regular session of each legislature, a report summarizing the                                   
06 findings and results of the program established under (7) of this subsection; the                                   
07       report must include                                                                                           
08                      (A)  the number of prisoners who were provided with                                            
09            written case plans under (8) of this subsection;                                                         
10 (B)  the number of written case plans under (8) of this                                                             
11            subsection initiated within the preceding year; and                                                      
12 (C)  the number of written case plans under (8) of this                                                             
13            subsection that were updated in the preceding year.                                                      
14    * Sec. 94. AS 34.03.360(7) is amended to read:                                                                     
15 (7)  "illegal activity involving a controlled substance" means a violation                                              
16 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1),                              
17       (2), or (5);                                                                                                      
18    * Sec. 95. AS 44.41 is amended by adding a new section to read:                                                    
19 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement                                           
20       agency collects a sexual assault examination kit under AS 18.68.010, the agency shall                             
21 (1)  within 30 days after the agency collects the sexual assault                                                        
22 examination kit, send the sexual assault examination kit to an accredited laboratory in                                 
23 coordination with the Department of Public Safety or a laboratory operated by the                                       
24       Department of Public Safety;                                                                                      
25 (2)  ensure that the laboratory to which the sexual assault examination                                                 
26 kit is sent under (1) of this subsection conducts a serological or DNA test on the                                      
27 sexual assault examination kit within one year after the laboratory receives the sexual                                 
28       assault examination kit; and                                                                                      
29 (3)  within two weeks after the laboratory that receives the sexual                                                     
30 assault examination kit under (1) of this subsection completes serological or DNA                                       
31 testing, make a reasonable effort to notify the victim from whom the sexual assault                                     
01       examination kit was collected that the sexual assault examination kit has been tested.                            
02            (b)  A criminal action may not be dismissed nor the evidence deemed                                          
03       nonadmissible for failure to be tested within the times established in (a)(1) and (2) of                          
04       this section.                                                                                                     
05            (c)  If a case is resolved before a sexual assault examination kit is tested, a law                          
06       enforcement agency is not required to meet the time limits established in (a) of this                             
07       section.                                                                                                          
08            (d)  In this section,                                                                                        
09                 (1)  "law enforcement agency" and "agency" have the meaning given to                                    
10       "law enforcement agency" in AS 12.36.090;                                                                         
11                 (2)  "victim" has the meaning given in AS 11.41.470.                                                    
12    * Sec. 96. AS 44.41.070(a) is amended to read:                                                                     
13 (a)  By September 1 of each year, each law enforcement agency and state                                                 
14 department charged with the maintenance, storage, and preservation of sexual assault                                    
15 examination kits shall conduct an inventory of untested sexual assault examination kits                                 
16 and report, in writing, to the Department of Public Safety the number of untested                                       
17 sexual assault examination kits in the possession of the agency or department, the                                  
18 number of sexual assault examination kits that the law enforcement agency or                                        
19 state department has determined are ineligible for testing under (e) of this                                        
20 section, with the reason or reasons the untested sexual assault examination kits                                    
21 were determined to be ineligible for testing, and the date on which each untested                                   
22       sexual assault examination kit was collected.                                                                     
23    * Sec. 97. AS 44.41.070(b) is amended to read:                                                                     
24 (b)  By November 1 of each year, the Department of Public Safety shall                                                  
25 prepare and transmit a report to the president of the senate and the speaker of the                                     
26       house of representatives that contains                                                                            
27 (1)  the number of untested sexual assault examination kits stored by                                                   
28 each law enforcement agency or department and the number of sexual assault                                          
29 examination kits that the law enforcement agency or state department has                                            
30 determined are ineligible for testing under (e) of this section, with the reason or                                 
31 reasons the untested sexual assault examination kits were determined to be                                          
01       ineligible for testing;                                                                                       
02                 (2)  the date each untested sexual assault examination kit was collected;                               
03       and                                                                                                               
04                 (3)  a plan for addressing the backlog and prevention of a backlog of                                   
05       untested sexual assault examination kits.                                                                         
06    * Sec. 98. AS 44.41.070 is amended by adding a new subsection to read:                                             
07            (e)  A sexual assault examination kit is ineligible for testing if the law                                   
08       enforcement agency or state department finds that the sexual assault examination kit                            
09                 (1)  is scientifically unviable;                                                                        
10 (2)  does not meet eligibility requirements for inclusion in the                                                        
11       Combined DNA Index System database; or                                                                            
12                 (3)  was collected from a person who wishes to remain anonymous.                                        
13    * Sec. 99. The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of                                                              
16       Criminal Procedure, is amended to read:                                                                           
17 (6)  When a prior conviction is an element of an offense [IN A                                                      
18 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n)                                                         
19 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER                                                                       
20 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety                                            
21 Information Network or from other government agencies of prior convictions [OF                                          
22 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL                                                            
23       TEST] may be presented to the grand jury.                                                                         
24    * Sec. 100.  The uncodified law of the State of Alaska is amended by adding a new section                          
25 to read:                                                                                                                
26 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of                                                              
27       Criminal Procedure, is amended to read:                                                                           
28 (a)  The Administrative Director of the Alaska Court System, after consultation                                         
29 with the presiding judge, Public Defender Agency, and Attorney General's Office,                                        
30 may enter into agreements with the Department of Public Safety and Department of                                        
31 Corrections which approve systems allowing judges to provide for the appearance by a                                    
01 defendant at certain criminal proceedings by way of contemporaneous two-way                                         
02 video conference [TELEVISION] equipment in lieu of the physical presence of the                                     
03 defendant in the courtroom. Such an agreement must provide for a procedure by which                                     
04       the defendant may confer with the defendant's attorney in private.                                                
05    * Sec. 101.  The uncodified law of the State of Alaska is amended by adding a new section                          
06 to read:                                                                                                                
07            DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of                                                   
08       Criminal Procedure, is amended to read:                                                                           
09            (b)  In those court locations in which a contemporaneous two-way video                                   
10 conference [TELEVISION] system has been approved by the supreme court and has                                       
11 been installed, in custody defendants shall appear by way of contemporaneous two-                                   
12 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary                                       
13       bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non-                              
14 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless                                      
15 otherwise ordered for cause stated by the presiding judge. With the defendant's                                         
16 consent, sentencings may be done by way of contemporaneous two-way video                                            
17 conference [TELEVISION] in traffic and misdemeanor cases. The court may order                                   
18 a defendant to appear by contemporaneous two-way video conference at any                                            
19 other hearings. In any particular case, the trial court may order that the defendant be                             
20 transported to court for court proceedings if the trial judge finds that the defendant's                                
21       rights would be prejudiced by use of the system.                                                                  
22    * Sec. 102.  AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3);                                   
23 AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 11.71.030(a)(7),                                 
24 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11); AS 12.25.180(b)(3);                                      
25 AS 12.30.055(b); AS 12.55.110(c), 12.55.110(d), 12.55.110(e), 12.55.110(f), 12.55.110(g),                               
26 12.55.110(h), 12.55.135(l), 12.55.135(n), 12.55.135(o), 12.55.135(p); AS 33.07.010,                                     
27 33.07.020, 33.07.030, 33.07.040, 33.07.090; AS 33.16.100(f), 33.16.215, 33.16.220(j),                                   
28 33.16.240(h); and AS 33.20.010 are repealed.                                                                            
29    * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section                           
30 to read:                                                                                                                
31 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or                                                               
01 before January 10, 2020, the commissioner of corrections shall provide a report to the                                  
02 legislature as described under AS 33.30.011(a)(12), enacted by sec. 93 of this Act. The                                 
03 commissioner shall submit the report to the senate secretary and chief clerk of the house of                            
04 representatives and notify the legislature that the report is available.                                                
05    * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section                           
06 to read:                                                                                                                
07 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections shall                                                  
08 develop a needs assessment of all rehabilitative services for each institution, including                               
09 education, treatment, vocational education, secular and faith-based, and pro-social programs.                           
10 On or before January 31, 2020, the Department of Corrections shall provide a written report                             
11 regarding the needs assessments to the senate secretary and chief clerk of the house of                                 
12 representatives and notify the legislature that the report is available.                                                
13    * Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section                           
14 to read:                                                                                                                
15 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY                                                                      
16 COMMITMENT. By December 31, 2020, the superior court shall transmit the information                                     
17 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the                               
18 superior court issued on or after January 1, 1981, for the involuntary commitment of a person                           
19 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an                              
20 involuntary commitment or an adjudication of mental illness or mental incompetence granted                              
21 under AS 47.30.851(b).                                                                                                  
22    * Sec. 106. The uncodified law of the State of Alaska is amended by adding a new section                           
23 to read:                                                                                                                
24 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
25 the effective date of those sections:                                                                                   
26 (1)  AS 11.41.110(a), as amended by sec. 2 of this Act;                                                                 
27            (2)  AS 11.41.150(a), as amended by sec. 3 of this Act;                                                      
28            (3)  AS 11.41.432(b), as amended by sec. 4 of this Act;                                                      
29            (4)  AS 11.41.432(d), enacted by sec. 5 of this Act;                                                         
30            (5)  AS 11.41.438(b), as amended by sec. 6 of this Act;                                                      
31            (6)  AS 11.41.438(c), enacted by sec. 7 of this Act;                                                         
01            (7)  AS 11.41.452(a), as amended by sec. 8 of this Act;                                                      
02            (8)  AS 11.41.452(d), as amended by sec. 9 of this Act;                                                      
03            (9)  AS 11.41.452(e), as amended by sec. 10 of this Act;                                                     
04 (10)  AS 11.46.130(a), as amended by sec. 11 of this Act;                                                               
05 (11)  AS 11.46.140(a), as amended by sec. 12 of this Act;                                                               
06 (12)  AS 11.46.150(a), as amended by sec. 13 of this Act;                                                               
07 (13)  AS 11.46.220(c), as amended by sec. 14 of this Act;                                                               
08 (14)  AS 11.46.260(b), as amended by sec. 15 of this Act;                                                               
09 (15)  AS 11.46.270(b), as amended by sec. 16 of this Act;                                                               
10 (16)  AS 11.46.280(d), as amended by sec. 17 of this Act;                                                               
11            (17)  AS 11.46.285, as amended by sec. 18 of this Act;                                                       
12            (18)  AS 11.46.295, as amended by sec. 19 of this Act;                                                       
13 (19)  AS 11.46.360(a), as amended by sec. 20 of this Act;                                                               
14            (20)  AS 11.46.370, enacted by sec. 21 of this Act;                                                          
15 (21)  AS 11.46.482(a), as amended by sec. 22 of this Act;                                                               
16 (22)  AS 11.46.484(a), as amended by sec. 23 of this Act;                                                               
17 (23)  AS 11.46.486(a), as amended by sec. 24 of this Act;                                                               
18 (24)  AS 11.46.530(b), as amended by sec. 25 of this Act;                                                               
19 (25)  AS 11.46.620(d), as amended by sec. 26 of this Act;                                                               
20 (26)  AS 11.46.730(c), as amended by sec. 27 of this Act;                                                               
21            (27)  AS 11.46.980(e), enacted by sec. 28 of this Act;                                                       
22 (28)  AS 11.56.310(a), as amended by sec. 29 of this Act;                                                               
23 (29)  AS 11.56.320(a), as amended by sec. 30 of this Act;                                                               
24 (30)  AS 11.56.730(a), as amended by sec. 31 of this Act;                                                               
25 (31)  AS 11.56.730(d), as amended by sec. 32 of this Act;                                                               
26 (32)  AS 11.56.757(b), as amended by sec. 33 of this Act;                                                               
27 (33)  AS 11.56.810(a), as amended by sec. 34 of this Act;                                                               
28 (34)  AS 11.61.123(a), as amended by sec. 35 of this Act;                                                               
29 (35)  AS 11.61.123(c), as amended by sec. 36 of this Act;                                                               
30 (36)  AS 11.61.123(d), as amended by sec. 37 of this Act;                                                               
31            (37)  AS 11.61.123(f), as amended by sec. 38 of this Act;                                                    
01            (38)  AS 11.61.123(g), as amended by sec. 39 of this Act;                                                    
02            (39)  AS 11.61.124, enacted by sec. 40 of this Act;                                                          
03            (40)  AS 11.71.021, enacted by sec. 41 of this Act;                                                          
04            (41)  AS 11.71.030(a), as amended by sec. 42 of this Act;                                                    
05 (42)  AS 11.71.030(d), as amended by sec. 43 of this Act;                                                               
06 (43)  AS 11.71.040(a), as amended by sec. 44 of this Act;                                                               
07 (44)  AS 11.71.040(d), as amended by sec. 45 of this Act;                                                               
08            (45)  AS 11.71.050, as amended by sec. 46 of this Act;                                                       
09            (46)  AS 11.71.060, as amended by sec. 47 of this Act;                                                       
10 (47)  AS 11.71.311(a), as amended by sec. 48 of this Act;                                                               
11 (48)  AS 12.55.150(a), as amended by sec. 49 of this Act;                                                               
12 (49)  AS 12.30.006(b), as amended by sec. 50 of this Act;                                                               
13 (50)  AS 12.30.006(c), as amended by sec. 51 of this Act;                                                               
14 (51)  AS 12.30.006(d), as amended by sec. 52 of this Act;                                                               
15            (52)  AS 12.30.006(f), as amended by sec. 53 of this Act;                                                    
16            (53)  AS 12.30.011, as repealed and reenacted by sec. 54 of this Act;                                        
17 (54)  AS 12.30.021(a), as amended by sec. 55 of this Act;                                                               
18 (55)  AS 12.30.021(c), as amended by sec. 56 of this Act;                                                               
19 (56)  AS 28.15.291(b), as amended by sec. 75 of this Act;                                                               
20 (57)  AS 28.35.030(o), as amended by sec. 76 of this Act;                                                               
21 (58)  AS 28.35.032(q), as amended by sec. 77 of this Act.                                                               
22       (b)  The following sections apply to sentences imposed on or after the effective date of                          
23 those sections for conduct occurring on or after the effective date of those sections:                                  
24 (1)  AS 12.55.025(c), as amended by sec. 57 of this Act;                                                                
25 (2)  AS 12.55.027(g), as amended by sec. 58 of this Act;                                                                
26 (3)  AS 12.55.051(a), as amended by sec. 59 of this Act;                                                                
27 (4)  AS 12.55.125(c), as amended by sec. 62 of this Act;                                                                
28 (5)  AS 12.55.125(d), as amended by sec. 63 of this Act;                                                                
29            (6)  AS 12.55.125(i), as amended by sec. 64 of this Act;                                                     
30            (7)  AS 12.55.125(q), as amended by sec. 65 of this Act;                                                     
31            (8)  AS 12.55.135(a), as amended by sec. 66 of this Act;                                                     
01            (9)  AS 12.55.135(b), as amended by sec. 67 of this Act;                                                     
02            (10)  AS 12.55.145(a), as amended by sec. 68 of this Act;                                                    
03            (11)  AS 12.55.185(10), as amended by sec. 69 of this Act;                                                   
04 (12)  AS 12.55.185(16), as amended by sec. 70 of this Act;                                                              
05 (13)  AS 33.16.090(a), as amended by sec. 82 of this Act;                                                               
06            (14)  AS 33.16.090(b), as amended by sec. 83 of this Act;                                                    
07            (15)  AS 33.30.011(a), as amended by sec. 93 of this Act.                                                    
08       (c)  The following sections apply to the duty to register as a sex offender for offenses                          
09 committed on or after the effective date of those sections:                                                             
10            (1)  AS 12.63.010(d), as amended by sec. 71 of this Act;                                                     
11            (2)  AS 12.63.020, as amended by sec. 72 of this Act;                                                        
12            (3)  AS 12.63.100(6), as amended by sec. 73 of this Act;                                                     
13            (4)  AS 12.63.100(7), as amended by sec. 74 of this Act.                                                     
14       (d)  The following sections apply to probation ordered on or after the effective date of                          
15 those sections for conduct occurring on or after the effective date of those sections:                                  
16            (1)  AS 12.55.090(c), as amended by sec. 60 of this Act;                                                     
17            (2)  AS 12.55.090(g), as amended by sec. 61 of this Act;                                                     
18            (3)  AS 33.05.020(h), as amended by sec. 78 of this Act;                                                     
19            (4)  AS 33.05.020(i) and (j), enacted by sec. 79 of this Act;                                                
20            (5)  AS 33.05.040(a), as amended by sec. 80 of this Act.                                                     
21       (e)  The following sections apply to parole ordered on or after the effective date of                             
22 those sections for conduct occurring on or after the effective date of those sections:                                  
23            (1)  AS 33.16.060(a), as amended by sec. 81 of this Act;                                                     
24            (2)  AS 33.16.100(h), enacted by sec. 85 of this Act;                                                        
25            (3)  AS 33.16.130(a), as repealed and reenacted by sec. 86 of this Act;                                      
26            (4)  AS 33.16.130(b), as amended by sec. 87 of this Act;                                                     
27            (5)  AS 33.16.210(c), as amended by sec. 88 of this Act;                                                     
28            (6)  AS 33.16.220(b), as amended by sec. 89 of this Act;                                                     
29            (7)  AS 33.16.220(i), as amended by sec. 90 of this Act;                                                     
30            (8)  AS 33.16.270, as amended by sec. 91 of this Act;                                                        
31            (9)  AS 33.16.270(b), enacted by sec. 92 of this Act.                                                        
01       (f)  AS 33.16.100(a), as amended by sec. 84 of this Act, applies to parole granted on or                          
02 after the effective date of sec. 84 of this Act for conduct occurring before, on, or after the                          
03 effective date of sec. 84 of this Act.                                                                                  
04    * Sec. 107. The uncodified law of the State of Alaska is amended by adding a new section                           
05 to read:                                                                                                                
06       CONDITIONAL EFFECT. Sections 99 - 101 of this Act take effect only if secs. 99 -                                  
07 101 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15,                        
08 Constitution of the State of Alaska.                                                                                    
09    * Sec. 108. Section 105 of this Act takes effect immediately under AS 01.10.070(c).                                
10    * Sec. 109. Sections 95 - 98 of this Act take effect January 1, 2020.                                              
11    * Sec. 110. Except as provided in secs. 108 and 109 of this Act, this Act takes effect July 1,                     
12 2019.