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