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SCS CSHB 49(FIN): "An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; 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 the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date."

00                 SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN)                                                             
01 "An Act relating to criminal law and procedure; relating to marriage as a defense to                                    
02 certain crimes of sexual assault; establishing the crime of possession of motor vehicle                                 
03 theft tools; relating to controlled substances; relating to electronic monitoring; relating                             
04 to probation and parole; relating to sentencing; amending the definitions of 'most                                      
05 serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders;                          
06 relating to the automated victim notification system; relating to reporting child abuse or                              
07 neglect; relating to Alaska Native organizations; relating to the village public safety                                 
08 officer program; relating to cancellation of a driver's license; relating to driving while                              
09 license canceled; relating to operating under the influence; relating to restoration of a                               
10 driver's license; relating to refusal to submit to a chemical test; relating to the use of                              
11 headlights; relating to the powers and duties of the commissioner of corrections; relating                              
12 to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of                          
01 sexual assault examination kits; relating to reports of involuntary commitment;                                         
02 amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and                                        
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                                
07 LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that                                           
08 the Alaska Court System, the Department of Corrections, and the Department of Public Safety                             
09 make continued efforts to find efficiencies in the criminal justice system and increase the use                         
10 of contemporaneous two-way video conference for pretrial hearings whenever possible.                                    
11 (b)  When imposing a sentence, it is the intent of the legislature that the court may take                              
12 into consideration any good conduct and self-improvement efforts the defendant has made                                 
13 while in pretrial status, including taking general education development, undergraduate,                                
14 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith-                       
15 based activities, and voluntary treatment programs.                                                                     
16 (c)  It is the intent of the legislature that the Department of Corrections develop a plan                              
17 to track and measure the effectiveness of evidence-based programs offered to offenders and                              
18 report its progress on the plan to both the House and Senate Judiciary Committees during the                            
19 Second Regular Session of the Thirty-First Alaska State Legislature.                                                    
20 (d)  The legislature finds that the legislature did not intend, by enacting ch. 90, SLA                                 
21 2003, and the legislature does not now intend by enacting this Act, to place a limitation on                            
22 which previous convictions may be considered when imposing a sentence under                                             
23 AS 12.55.125(i), as amended by sec. 77 of this Act.                                                                     
24 (e)  It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 81 of                                 
25 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d                           
26 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a                                   
27 sentence under AS 12.55.125(i), as amended by sec. 77 of this Act, a prior felony conviction                            
28 should not be considered if 10 or more years has elapsed between the date of the defendant's                            
29 unconditional discharge on the immediately preceding offense and the date the defendant                                 
30 committed the present offense unless the prior conviction was for an unclassified or class A                            
01 felony.                                                                                                                 
02       (f)  It is the intent of the legislature that all prior felony convictions be considered                          
03 when imposing a sentence under AS 12.55.125(i), as amended by sec. 77 of this Act,                                      
04 regardless of the amount of time that has passed since each conviction.                                                 
05       (g)  The legislature finds that                                                                                   
06            (1)  protecting the public from sex offenders serves a compelling governmental                               
07 interest, and that the release of certain information about sex offenders to public agencies and                        
08 the general public assists in protecting the public;                                                                    
09            (2)  a sex offender who is required to register as a sex offender in the state                               
10 where the person was convicted may relocate to this state for various reasons;                                          
11 (3)  the Alaska Supreme Court's narrow interpretation of the state's sex                                                
12 offender registration requirements in its decision in State, Department of Public Safety v.                             
13 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex                              
14 offenders who may come to this state in that it requires a person to register as a sex offender                         
15 in this state only if that person has been convicted of an offense that is similar to a sex offense                     
16 as defined in AS 12.63.100, as amended by sec. 89 of this Act.                                                          
17 (h)  It is the intent of the legislature to overturn State, Department of Public Safety v.                              
18 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender                                
19 required to register in another jurisdiction is not required to register in the state unless the                        
20 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as                               
21 amended by sec. 89 of this Act. Additionally, it is the intent of the legislature to give                               
22 reciprocity to other jurisdictions and require a sex offender who is physically present in the                          
23 state and is required to register as a sex offender in another jurisdiction to register as a sex                        
24 offender in the state regardless of whether the person's underlying conviction is similar to a                          
25 sex offense as defined in AS 12.63.100, as amended by sec. 89 of this Act.                                              
26 (i)  It is the intent of the legislature that the Department of Public Safety make                                      
27 additional resources available to expand investigations of online exploitation of children.                             
28    * Sec. 2. AS 11.41.110(a) is amended to read:                                                                      
29            (a)  A person commits the crime of murder in the second degree if                                            
30 (1)  with intent to cause serious physical injury to another person or                                                  
31 knowing that the conduct is substantially certain to cause death or serious physical                                    
01       injury to another person, the person causes the death of any person;                                              
02 (2)  the person knowingly engages in conduct that results in the death                                                  
03 of another person under circumstances manifesting an extreme indifference to the                                        
04       value of human life;                                                                                              
05 (3)  under circumstances not amounting to murder in the first degree                                                    
06 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the                                    
07 person commits or attempts to commit arson in the first degree, kidnapping, sexual                                      
08 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor                               
09 in the first degree, sexual abuse of a minor in the second degree, burglary in the first                                
10 degree, escape in the first or second degree, robbery in any degree, or misconduct                                      
11 involving a controlled substance under AS 11.71.010(a), 11.71.021(a),                                               
12 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2)                              
13 and, in the course of or in furtherance of that crime or in immediate flight from that                                  
14       crime, any person causes the death of a person other than one of the participants;                                
15 (4)  acting with a criminal street gang, the person commits or attempts                                                 
16 to commit a crime that is a felony and, in the course of or in furtherance of that crime                                
17 or in immediate flight from that crime, any person causes the death of a person other                                   
18       than one of the participants; or                                                                                  
19 (5)  the person with criminal negligence causes the death of a child                                                    
20 under the age of 16, and the person has been previously convicted of a crime involving                                  
21       a child under the age of 16 that was                                                                              
22                      (A)  a felony violation of AS 11.41;                                                               
23 (B)  in violation of a law or ordinance in another jurisdiction                                                         
24            with elements similar to a felony under AS 11.41; or                                                         
25 (C)  an attempt, a solicitation, or a conspiracy to commit a                                                            
26            crime listed in (A) or (B) of this paragraph.                                                                
27    * Sec. 3. AS 11.41.150(a) is amended to read:                                                                      
28            (a)  A person commits the crime of murder of an unborn child if the person                                   
29 (1)  with intent to cause the death of an unborn child or of another                                                    
30       person, causes the death of an unborn child;                                                                      
31 (2)  with intent to cause serious physical injury to an unborn child or to                                              
01 another person or knowing that the conduct is substantially certain to cause death or                                   
02 serious physical injury to an unborn child or to another person, causes the death of an                                 
03       unborn child;                                                                                                     
04 (3)  while acting alone or with one or more persons, commits or                                                         
05 attempts to commit arson in the first degree, kidnapping, sexual assault in the first                                   
06 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree,                               
07 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the                               
08 first or second degree, robbery in any degree, or misconduct involving a controlled                                     
09 substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9)                                               
10 [11.71.030(a)(1), (2), OR (4) - (8)], or 11.71.040(a)(1) or (2), and, in the course of or                               
11 in furtherance of that crime or in immediate flight from that crime, any person causes                                  
12       the death of an unborn child;                                                                                     
13 (4)  knowingly engages in conduct that results in the death of an unborn                                                
14 child under circumstances manifesting an extreme indifference to the value of human                                     
15 life; for purposes of this paragraph, a pregnant woman's decision to remain in a                                        
16 relationship in which domestic violence, as defined in AS 18.66.990, has occurred                                       
17 does not constitute conduct manifesting an extreme indifference to the value of human                                   
18       life.                                                                                                             
19    * Sec. 4. AS 11.41.420(a) is amended to read:                                                                      
20            (a)  An offender commits the crime of sexual assault in the second degree if                                 
21 (1)  the offender engages in sexual contact with another person without                                                 
22       consent of that person;                                                                                           
23                 (2)  the offender engages in sexual contact with a person                                               
24                      (A)  who the offender knows is mentally incapable; and                                             
25                      (B)  who is in the offender's care                                                                 
26                           (i)  by authority of law; or                                                                  
27 (ii)  in a facility or program that is required by law to be                                                            
28                 licensed by the state;                                                                                  
29 (3)  the offender engages in sexual penetration with a person who [THE                                                  
30       OFFENDER KNOWS] is                                                                                                
31                      (A)  mentally incapable;                                                                           
01                      (B)  incapacitated; or                                                                             
02                      (C)  unaware that a sexual act is being committed; or                                              
03                 (4)  the offender engages in sexual contact with a person who the                                       
04       offender knows is unaware that a sexual act is being committed and                                                
05                      (A)  the offender is a health care worker; and                                                     
06                      (B)  the offense takes place during the course of professional                                     
07            treatment of the victim.                                                                                     
08    * Sec. 5. AS 11.41.425(a) is amended to read:                                                                      
09            (a)  An offender commits the crime of sexual assault in the third degree if the                              
10       offender                                                                                                          
11 (1)  engages in sexual contact with a person who [THE OFFENDER                                                          
12       KNOWS] is                                                                                                         
13                      (A)  mentally incapable;                                                                           
14                      (B)  incapacitated; or                                                                             
15                      (C)  unaware that a sexual act is being committed;                                                 
16 (2)  while employed in a state correctional facility or other placement                                                 
17 designated by the commissioner of corrections for the custody and care of prisoners,                                    
18 engages in sexual penetration with a person who the offender knows is committed to                                      
19 the custody of the Department of Corrections to serve a term of imprisonment or                                         
20       period of temporary commitment;                                                                                   
21 (3)  engages in sexual penetration with a person 18 or 19 years of age                                                  
22 who the offender knows is committed to the custody of the Department of Health and                                      
23 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of                                    
24       the person;                                                                                                       
25 (4)  while employed in the state by a law enforcement agency as a                                                       
26 peace officer, or while acting as a peace officer in the state, engages in sexual                                       
27 penetration with a person with reckless disregard that the person is in the custody or                                  
28 the apparent custody of the offender, or is committed to the custody of a law                                           
29       enforcement agency;                                                                                               
30 (5)  while employed by the state or a municipality of the state as a                                                    
31 probation officer or parole officer, or while acting as a probation officer or parole                                   
01       officer in the state, engages in sexual penetration with a person with reckless disregard                         
02       that the person is on probation or parole; or                                                                     
03 (6)  while employed as a juvenile probation officer or as a juvenile                                                    
04 facility staff, engages in sexual penetration with a person 18 or 19 years of age with                                  
05 reckless disregard that the person is committed to the custody or probationary                                          
06       supervision of the Department of Health and Social Services.                                                      
07    * Sec. 6. AS 11.41.432(b) is amended to read:                                                                      
08            (b)  Except as provided in (d) or (e) [(a)] of this section, in a prosecution under                      
09       AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the                            
10       victim was, at the time of the alleged offense, the legal spouse of the defendant.                                
11    * Sec. 7. AS 11.41.432(c) is amended to read:                                                                      
12 (c)  It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or                                        
13       11.41.427(a)(4) that                                                                                              
14 (1)  the offender and the person on probation or parole had, before the                                             
15 person was placed on probation or parole, a dating relationship or a sexual relationship                                
16 that [, AND THE RELATIONSHIP] continued until the date of the alleged offense;                                  
17       and                                                                                                           
18 (2)  the person on probation or parole consented to the act for                                                     
19       which the offender is charged.                                                                              
20    * Sec. 8. AS 11.41.432 is amended by adding new subsections to read:                                               
21 (d)  It is a defense to a crime charged under AS 11.41.425(a)(2) - (6) or                                               
22 11.41.427 that the offender is married to the person, neither party has filed with the                                  
23 court for separation, divorce, or dissolution of the marriage, and the person consented                                 
24       to the act for which the offender was charged.                                                                    
25 (e)  It is an affirmative defense for a crime charged under AS 11.41.410(a)(3),                                         
26 11.41.420(a)(2), 11.41.420(a)(3)(A), or 11.41.425(a)(1)(A) that the offender is                                         
27 married to the person, neither party has filed with the court for separation, divorce, or                               
28 dissolution of the marriage, and the person consented to the act for which the offender                                 
29 is charged while capable of understanding the nature or consequences of the offender's                                  
30       conduct.                                                                                                          
31    * Sec. 9. AS 11.41.438(b) is amended to read:                                                                      
01            (b)  Except as provided in (c) of this section, sexual [SEXUAL] abuse of a                               
02       minor in the third degree is a class C felony, punishable as provided in                                      
03       AS 12.55.125(e).                                                                                              
04    * Sec. 10. AS 11.41.438 is amended by adding a new subsection to read:                                             
05            (c)  Sexual abuse of a minor in the third degree is a class C felony, punishable                             
06       under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years                          
07       younger than the offender.                                                                                      
08    * Sec. 11. AS 11.41.452(a) is amended to read:                                                                     
09            (a)  A person commits the crime of [ONLINE] enticement of a minor if the                                     
10 person, being 18 years of age or older, knowingly communicates [USES A                                              
11 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or                                                     
12       encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and                                
13                 (1)  the other person is a child under 16 years of age; or                                              
14 (2)  the person believes that the other person is a child under 16 years                                                
15       of age.                                                                                                           
16    * Sec. 12. AS 11.41.452(d) is amended to read:                                                                     
17 (d)  Except as provided in (e) of this section, [ONLINE] enticement of a minor                                      
18       is a class B felony.                                                                                              
19    * Sec. 13. AS 11.41.452(e) is amended to read:                                                                     
20 (e)  Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if                                               
21 the defendant was, at the time of the offense, required to register as a sex offender or                                
22       child kidnapper under AS 12.63 or a similar law of another jurisdiction.                                          
23    * Sec. 14. AS 11.41.455(c) is amended to read:                                                                     
24            (c)  Unlawful exploitation of a minor is [A]                                                                 
25                 (1)  a class A [CLASS B] felony; or                                                                 
26                 (2)  an unclassified [CLASS A] felony if the                                                        
27 (A)  person has been previously convicted of unlawful                                                               
28 exploitation of a minor in this jurisdiction or a similar crime in this or another                                      
29            jurisdiction; or                                                                                         
30 (B)  minor who is exploited is under 13 years of age at the                                                         
31            time the exploitation occurs.                                                                          
01    * Sec. 15. AS 11.41.458 is amended to read:                                                                        
02 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender                                                
03 commits the crime of indecent exposure in the first degree if the offender violates                                     
04 AS 11.41.460(a) [, THE OFFENSE OCCURS WITHIN THE OBSERVATION OF A                                                       
05       PERSON UNDER 16 YEARS OF AGE], and                                                                                
06                 (1)  while committing the act constituting the offense, the offender                                    
07       knowingly masturbates; or                                                                                         
08                 (2)  the offender has been previously convicted under                                                   
09                      (A)  this section;                                                                                 
10                      (B)  AS 11.41.460(a); or                                                                           
11 (C)  a law or ordinance of this or another jurisdiction with                                                            
12            elements similar to a crime listed under (A) or (B) of this paragraph.                                       
13            (b)  Indecent exposure in the first degree                                                                   
14                 (1)  is a class C felony; or                                                                    
15 (2)  is a class B felony if the offense occurs within the observation of                                            
16       a person under 16 years of age.                                                                             
17    * Sec. 16. AS 11.46.130(a) is amended to read:                                                                     
18 (a)  A person commits the crime of theft in the second degree if the person                                             
19       commits theft as defined in AS 11.46.100 and                                                                      
20 (1)  the value of the property or services [, ADJUSTED FOR                                                              
21 INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                                   
22       $25,000;                                                                                                          
23                 (2)  the property is a firearm or explosive;                                                            
24                 (3)  the property is taken from the person of another;                                                  
25 (4)  the property is taken from a vessel and is vessel safety or survival                                               
26       equipment;                                                                                                        
27 (5)  the property is taken from an aircraft and the property is aircraft                                                
28       safety or survival equipment;                                                                                     
29 (6)  the value of the property [, ADJUSTED FOR INFLATION AS                                                             
30 PROVIDED IN AS 11.46.982,] is $250 or more but less than $750 and, within the                                           
31 preceding five years, the person has been convicted and sentenced on two or more                                        
01       separate occasions in this or another jurisdiction of                                                             
02                      (A)  an offense under AS 11.46.120, or an offense under                                            
03            another law or ordinance with similar elements;                                                              
04                      (B)  a crime set out in this subsection or an offense under                                        
05            another law or ordinance with similar elements;                                                              
06                      (C)  an offense under AS 11.46.140(a)(1), or an offense under                                      
07            another law or ordinance with similar elements; or                                                           
08                      (D)  an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an                                       
09            offense under another law or ordinance with similar elements; or                                             
10                 (7)  the property is an access device or identification document.                                   
11    * Sec. 17. AS 11.46.140(a) is amended to read:                                                                     
12 (a)  A person commits the crime of theft in the third degree if the person                                              
13       commits theft as defined in AS 11.46.100 and                                                                      
14 (1)  the value of the property or services [, ADJUSTED FOR                                                              
15 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                             
16       or                                                                                                                
17                 (2)  [REPEALED]                                                                                         
18                 (3)  [REPEALED]                                                                                         
19 (4)  the value of the property is less than $250 and, within the preceding                                              
20 five years, the person has been convicted and sentenced on three or more separate                                       
21 occasions in this or another jurisdiction of theft or concealment of merchandise, or an                                 
22       offense under another law or ordinance with similar elements.                                                     
23    * Sec. 18. AS 11.46.150(a) is amended to read:                                                                     
24 (a)  A person commits the crime of theft in the fourth degree if the person                                             
25 commits theft as defined in AS 11.46.100 and the value of the property or services [,                                   
26       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
27    * Sec. 19. AS 11.46.220(c) is amended to read:                                                                     
28            (c)  Concealment of merchandise is                                                                           
29                 (1)  a class C felony if                                                                                
30                      (A)  the merchandise is a firearm;                                                                 
31 (B)  the value of the merchandise [, ADJUSTED FOR                                                                       
01            INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more; or                                                  
02 (C)  the value of the merchandise [, ADJUSTED FOR                                                                       
03 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
04 $750 and, within the preceding five years, the person has been convicted and                                            
05 sentenced on two or more separate occasions in this or another jurisdiction of                                          
06 (i)  the offense of concealment of merchandise under                                                                    
07 this paragraph or (2)(A) of this subsection, or an offense under another                                                
08                 law or ordinance with similar elements; or                                                              
09                           (ii)  an offense under AS 11.46.120, 11.46.130, or                                            
10 11.46.140(a)(1), or an offense under another law or ordinance with                                                      
11                 similar elements;                                                                                       
12                 (2)  a class A misdemeanor if                                                                           
13 (A)  the value of the merchandise [, ADJUSTED FOR                                                                       
14 INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more but less than                                                   
15            $750; or                                                                                                     
16                      (B)  [REPEALED]                                                                                    
17 (C)  the value of the merchandise is less than $250 and, within                                                         
18 the preceding five years, the person has been convicted and sentenced on three                                          
19 or more separate occasions of the offense of concealment of merchandise or                                              
20 theft in any degree, or an offense under another law or ordinance with similar                                          
21            elements;                                                                                                    
22 (3)  a class B misdemeanor if the value of the merchandise [,                                                           
23       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
24    * Sec. 20. AS 11.46.260(b) is amended to read:                                                                     
25            (b)  Removal of identification marks is                                                                      
26 (1)  a class C felony if the value of the property on which the serial                                                  
27 number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                                     
28       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
29 (2)  a class A misdemeanor if the value of the property on which the                                                    
30 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
31       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
01                 (3)  a class B misdemeanor if the value of the property on which the                                    
02       serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                        
03       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
04    * Sec. 21. AS 11.46.270(b) is amended to read:                                                                     
05            (b)  Unlawful possession is                                                                                  
06                 (1)  a class C felony if the value of the property on which the serial                                  
07       number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                               
08       PROVIDED IN AS 11.46.982,] is $750 or more;                                                                       
09                 (2)  a class A misdemeanor if the value of the property on which the                                    
10 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
11       PROVIDED IN AS 11.46.982,] is $250 or more but less than $750;                                                    
12 (3)  a class B misdemeanor if the value of the property on which the                                                    
13 serial number or identification mark appeared [, ADJUSTED FOR INFLATION AS                                              
14       PROVIDED IN AS 11.46.982,] is less than $250.                                                                     
15    * Sec. 22. AS 11.46.280(d) is amended to read:                                                                     
16            (d)  Issuing a bad check is                                                                                  
17 (1)  a class B felony if the face amount of the check is $25,000 or more;                                               
18 (2)  a class C felony if the face amount of the check [, ADJUSTED                                                       
19 FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more but less than                                               
20       $25,000;                                                                                                          
21 (3)  a class A misdemeanor if the face amount of the check [,                                                           
22 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $250 or more                                                    
23       but less than $750;                                                                                               
24 (4)  a class B misdemeanor if the face amount of the check [,                                                           
25       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $250.                                           
26    * Sec. 23. AS 11.46.285 is amended to read:                                                                        
27 Sec. 11.46.285. Fraudulent use of an access device or identification                                                
28 document. (a) A person commits the crime of fraudulent use of an access device or                               
29 identification document if, with intent to defraud, the person uses an access device or                         
30       identification document to obtain property or services with knowledge that                                    
31                 (1)  the access device or identification document is stolen or forged;                              
01                 (2)  the access device or identification document is expired or has                                 
02       been revoked or cancelled; or                                                                                     
03                 (3)  for any other reason, that person's use of the access device or                                
04       identification document is unauthorized by either the issuer or the person to whom                            
05       the access device or identification document is issued.                                                       
06            (b)  Fraudulent use of an access device or identification document is                                    
07                 (1)  a class B felony if the value of the property or services obtained is                              
08       $25,000 or more;                                                                                                  
09                 (2)  a class C felony if the value of the property or services obtained [,                              
10 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or                                               
11       more but less than $25,000;                                                                                       
12 (3)  a class A misdemeanor if the value of the property or services                                                     
13 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                                
14       than $75 [$750].                                                                                              
15    * Sec. 24. AS 11.46.295 is amended to read:                                                                        
16 Sec. 11.46.295. Prior convictions. For purposes of considering prior                                                  
17 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or                                             
18 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under                                     
19       AS 11.46.220(c),                                                                                                  
20 (1)  a conviction for an offense under another law or ordinance with                                                    
21 similar elements is a conviction of an offense having elements similar to those of an                                   
22       offense defined as such under Alaska law at the time the offense was committed;                                   
23 (2)  a conviction for an offense under Alaska law where the value of the                                                
24 property or services for the offense was lower than the value of property or services                                   
25       for the offense under current Alaska law is a prior conviction for that offense; and                              
26 (3)  the court shall consider the date of a prior conviction as occurring                                               
27       on the date that sentence is imposed for the prior offense.                                                       
28    * Sec. 25. AS 11.46.360(a) is amended to read:                                                                     
29 (a)  A person commits the crime of vehicle theft in the first degree if, having                                         
30 no right to do so or any reasonable ground to believe the person has such a right, the                                  
31       person drives, tows away, or takes                                                                                
01                 (1)  the car, truck, motorcycle, motor home, bus, aircraft, or watercraft                               
02       of another;                                                                                                       
03                 (2)  the propelled vehicle of another and                                                               
04                      (A)  the vehicle or any other property of another is damaged in a                                  
05            total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN                                                        
06            AS 11.46.982,] of $750 or more;                                                                              
07                      (B)  the owner incurs reasonable expenses as a result of the loss                                  
08            of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS                                        
09            PROVIDED IN AS 11.46.982,] of $750 or more; or                                                               
10 (C)  the owner is deprived of the use of the vehicle for seven                                                          
11            days or more;                                                                                                
12 (3)  the propelled vehicle of another and the vehicle is marked as a                                                    
13       police or emergency vehicle; or                                                                                   
14 (4)  the propelled vehicle of another and, within the preceding seven                                                   
15       years, the person was convicted under                                                                             
16                      (A)  this section or AS 11.46.365;                                                                 
17                      (B)  former AS 11.46.482(a)(4) or (5);                                                             
18                      (C)  former AS 11.46.484(a)(2);                                                                    
19 (D)  AS 11.46.120 - 11.46.140 of an offense involving the theft                                                         
20            of a propelled vehicle; or                                                                                   
21 (E)  a law or ordinance of this or another jurisdiction with                                                            
22 elements substantially similar to those of an offense described in (A) - (D) of                                         
23            this paragraph.                                                                                              
24    * Sec. 26. AS 11.46 is amended by adding a new section to article 3 to read:                                       
25 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits                                         
26 the crime of possession of motor vehicle theft tools if the person possesses a motor                                    
27 vehicle theft tool with intent to use or permit use of the tool in the commission of theft                              
28       of a vehicle or contents of a vehicle.                                                                            
29            (b)  In this section,                                                                                        
30 (1)  "altered or shaved key" means a key altered by cutting, filing, or                                                 
31 other means to fit multiple vehicles or vehicles other than vehicles for which the key                                  
01       was originally manufactured;                                                                                      
02                 (2)  "motor vehicle theft tool" includes a slim jim, master key, altered                                
03       or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar                         
04       device adapted or designed for use in committing vehicle theft;                                                   
05                 (3)  "trial or jiggler key" means a key designed or altered to manipulate                               
06       a vehicle locking mechanism other than the lock for which the key was originally                                  
07       manufactured.                                                                                                     
08            (c)  Possession of motor vehicle theft tools is a class A misdemeanor.                                       
09    * Sec. 27. AS 11.46.482(a) is amended to read:                                                                     
10 (a)  A person commits the crime of criminal mischief in the third degree if,                                            
11 having no right to do so or any reasonable ground to believe the person has such a                                      
12       right,                                                                                                            
13 (1)  with intent to damage property of another, the person damages                                                      
14 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
15       IN AS 11.46.982,] of $750 or more;                                                                                
16 (2)  the person recklessly creates a risk of damage in an amount                                                        
17       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
18                 (3)  the person knowingly                                                                               
19 (A)  defaces, damages, or desecrates a cemetery or the contents                                                         
20 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                             
21 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                            
22            memorial appears to be abandoned, lost, or neglected;                                                        
23 (B)  removes human remains or associated burial artifacts from                                                          
24 a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                                
25            tomb, grave, or memorial appears to be abandoned, lost, or neglected.                                        
26    * Sec. 28. AS 11.46.484(a) is amended to read:                                                                     
27 (a)  A person commits the crime of criminal mischief in the fourth degree if,                                           
28 having no right to do so or any reasonable ground to believe the person has such a                                      
29       right,                                                                                                            
30 (1)  with intent to damage property of another, the person damages                                                      
31 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
01       IN AS 11.46.982,] of $250 or more but less than $750;                                                             
02                 (2)  the person tampers with a fire protection device in a building that is                             
03       a public place;                                                                                                   
04                 (3)  the person knowingly accesses a computer, computer system,                                         
05       computer program, computer network, or part of a computer system or network;                                      
06 (4)  the person uses a device to descramble an electronic signal that has                                               
07 been scrambled to prevent unauthorized receipt or viewing of the signal unless the                                      
08 device is used only to descramble signals received directly from a satellite or unless                                  
09       the person owned the device before September 18, 1984; or                                                         
10 (5)  the person knowingly removes, relocates, defaces, alters, obscures,                                                
11 shoots at, destroys, or otherwise tampers with an official traffic control device or                                    
12       damages the work on a highway under construction.                                                                 
13    * Sec. 29. AS 11.46.486(a) is amended to read:                                                                     
14 (a)  A person commits the crime of criminal mischief in the fifth 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 reckless disregard for the risk of harm to or loss of the                                                     
18 property or with intent to cause substantial inconvenience to another, the person                                       
19       tampers with property of another;                                                                                 
20 (2)  with intent to damage property of another, the person damages                                                      
21 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED                                                  
22       IN AS 11.46.982,] less than $250; or                                                                              
23 (3)  the person rides in a propelled vehicle and, with criminal                                                         
24 negligence, disregards the fact that it has been stolen or that it is being used in                                     
25       violation of AS 11.46.360 or 11.46.365(a)(1).                                                                   
26    * Sec. 30. AS 11.46.530(b) is amended to read:                                                                     
27            (b)  Criminal simulation is                                                                                  
28 (1)  a class C felony if the value of what the object purports to represent                                             
29 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or                                                      
30       more;                                                                                                             
31 (2)  a class A misdemeanor if the value of what the object purports to                                                  
01       represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is                                              
02       $250 or more but less than $750;                                                                                  
03                 (3)  a class B misdemeanor if the value of what the object purports to                                  
04       represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less                                         
05       than $250.                                                                                                        
06    * Sec. 31. AS 11.46.620(d) is amended to read:                                                                     
07            (d)  Misapplication of property is                                                                           
08                 (1)  a class C felony if the value of the property misapplied [,                                        
09       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;                                             
10 (2)  a class A misdemeanor if the value of the property misapplied [,                                                   
11       ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.                                           
12    * Sec. 32. AS 11.46.730(c) is amended to read:                                                                     
13 (c)  Defrauding creditors is a class A misdemeanor unless that secured party,                                           
14 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR                                                  
15 INFLATION AS PROVIDED IN AS 11.46.982,] of $750 or more as a result of the                                              
16       defendant's conduct, in which case defrauding secured creditors is                                                
17                 (1)  a class B felony if the loss is $25,000 or more;                                                   
18 (2)  a class C felony if the loss [, ADJUSTED FOR INFLATION AS                                                          
19       PROVIDED IN AS 11.46.982,] is $750 or more but less than $25,000.                                                 
20    * Sec. 33. AS 11.46.980 is amended by adding a new subsection to read:                                             
21 (e)  In determining the degree or classification of a crime under this chapter, if                                      
22 the combined value of the property or services taken from one or more persons or                                        
23 commercial establishments within a period of 180 days is $750 or more but less than                                     
24       $25,000, the value may be aggregated.                                                                             
25    * Sec. 34. AS 11.56.310(a) is amended to read:                                                                     
26 (a)  One commits the crime of escape in the second degree if, without lawful                                            
27       authority, one                                                                                                    
28                 (1)  removes oneself from                                                                               
29 (A)  a secure correctional facility while under official detention                                                      
30            for a misdemeanor;                                                                                           
31                      (B)  official detention for a felony or for extradition; or                                        
01                      (C)  official detention and, during the escape or at any time                                      
02            before being restored to official detention, one possesses on or about oneself a                             
03            firearm;                                                                                                     
04                 (2)  violates AS 11.56.335 or 11.56.340 and, during the time of the                                     
05       unlawful evasion or at any time before being restored to official detention, one                                  
06       possesses on or about oneself a firearm; or                                                                       
07                 (3)  while under official detention for a felony,                                                   
08                      (A)  removes, tampers with, or disables the electronic                                         
09            monitoring equipment; [,] or                                                                             
10 (B)  without prior authorization, leaves one's residence or                                                         
11 other place designated by the commissioner of corrections or the                                                    
12 commissioner of health and social services for [THE] service by electronic                                          
13            monitoring [OF OFFICIAL DETENTION FOR A FELONY].                                                             
14    * Sec. 35. AS 11.56.320(a) is amended to read:                                                                     
15            (a)  One commits the crime of escape in the third degree if one                                              
16 (1)  removes oneself from official detention during any lawful                                                          
17 movement or activity incident to confinement within a correctional facility for a                                       
18       misdemeanor; [OR]                                                                                                 
19 (2)  violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave                                                 
20       the state;                                                                                                    
21                 (3)  while under official detention for a misdemeanor,                                              
22 (A)  removes, tampers with, or disables the electronic                                                              
23            monitoring equipment; or                                                                                 
24 (B)  without prior authorization, leaves one's residence or                                                         
25 other place designated by the commissioner of corrections or the                                                    
26 commissioner of health and social services for service by electronic                                                
27            monitoring; or                                                                                           
28                 (4)  while on release under AS 12.30,                                                               
29 (A)  removes, tampers with, or disables the electronic                                                              
30            monitoring equipment; or                                                                                 
31 (B)  without prior authorization, leaves one's residence or                                                         
01            other place designated by a judicial officer as a condition of release.                                  
02    * Sec. 36. AS 11.56.730(a) is amended to read:                                                                     
03            (a)  A person commits the crime [OFFENSE] of failure to appear if the person                             
04                 (1)  is released under the provisions of AS 12.30;                                                      
05                 (2)  knows that the person is required to appear before a court or                                      
06       judicial officer at the time and place of a scheduled hearing; and                                                
07                 (3)  with criminal negligence does not appear before the court or                                       
08       judicial officer at the time and place of the scheduled hearing.                                                  
09    * Sec. 37. AS 11.56.730(d) is amended to read:                                                                     
10            (d)  Failure to appear is a                                                                                  
11 (1)  class C felony if the person was released in connection with a                                                     
12 charge of a felony or while awaiting sentence or appeal after conviction of a felony                                    
13       [AND THE PERSON                                                                                                   
14 (A)  DOES NOT MAKE CONTACT WITH THE COURT OR                                                                            
15 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES                                                                 
16 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED                                                                         
17            HEARING; OR                                                                                                  
18 (B)  DOES NOT APPEAR AT THE TIME AND PLACE OF A                                                                         
19            SCHEDULED HEARING TO AVOID PROSECUTION];                                                                     
20 (2)  class A misdemeanor if the person was released in connection with                                                  
21       a                                                                                                                 
22 (A)  charge of a misdemeanor, while awaiting sentence or                                                            
23            appeal after conviction of a misdemeanor; or                                                             
24 (B)  [, OR IN CONNECTION WITH A] requirement to appear                                                              
25            as a material witness in a criminal proceeding [, AND THE PERSON                                             
26 (A)  DOES NOT MAKE CONTACT WITH THE COURT OR                                                                            
27 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES                                                                 
28 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED                                                                         
29            HEARING; OR                                                                                                  
30 (B)  DOES NOT APPEAR AT THE TIME AND PLACE OF A                                                                         
31            SCHEDULED HEARING TO AVOID PROSECUTION; OR                                                                   
01                 (3)  VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000].                                                   
02    * Sec. 38. AS 11.56.757(b) is amended to read:                                                                     
03            (b)  Violation of condition of release is a                                                                  
04                 (1)  class A misdemeanor if the person is released from a charge or                                 
05       conviction of a felony;                                                                                       
06                 (2)  class B misdemeanor if the person is released from a charge or                             
07       conviction of a misdemeanor.                                                                                
08    * Sec. 39. AS 11.56.810(a) is amended to read:                                                                     
09            (a)  A person commits the crime of terroristic threatening in the second degree                              
10 if the person makes a threat [KNOWINGLY MAKES A FALSE REPORT] that a                                                
11       circumstance                                                                                                      
12 (1)  dangerous to human life or property exists or is about to exist                                                
13       with reckless disregard that the threat may [AND]                                                             
14 (A)  place a person [IS PLACED] in reasonable fear of serious                                                   
15            physical injury to any person;                                                                               
16 (B)  cause [CAUSES] evacuation of or initiation of an                                                           
17 emergency protocol for a building, public place or area, business premises, or                                      
18            mode of public transportation;                                                                               
19                      (C)  cause [CAUSES] serious public inconvenience; or                                           
20 (D)  cause the public or a substantial group of people to fear                                                      
21 serious physical injury [THE REPORT CLAIMS THAT A                                                                   
22 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL                                                                  
23 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL                                                                   
24 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC                                                                
25 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC                                                                     
26            TRANSPORTATION]; or                                                                                          
27 (2)  exists or is about to exist that is dangerous to the proper or safe                                                
28 functioning of an oil or gas pipeline or supporting facility, utility, or transportation or                             
29 cargo facility; in this paragraph, "oil or gas pipeline or supporting facility" and                                     
30       "utility" have the meanings given in AS 11.46.495.                                                                
31    * Sec. 40. AS 11.61.110(c) is amended to read:                                                                     
01            (c)  Disorderly conduct is a class B misdemeanor and is punishable as                                    
02       authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall                              
03       be for a definite term of not more than 10 days.                                                              
04    * Sec. 41. AS 11.61.120(a) is amended to read:                                                                     
05            (a)  A person commits the crime of harassment in the second degree if, with                                  
06       intent to harass or annoy another person, that person                                                             
07                 (1)  insults, taunts, or challenges another person in a manner likely to                                
08       provoke an immediate violent response;                                                                            
09                 (2)  telephones another and fails to terminate the connection with intent                               
10       to impair the ability of that person to place or receive telephone calls;                                         
11                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
12 (4)  makes an anonymous or obscene telephone call, an obscene                                                           
13 electronic communication, or a telephone call or electronic communication that                                          
14       threatens physical injury or sexual contact;                                                                      
15                 (5)  subjects another person to offensive physical contact;                                             
16 (6)  except as provided in AS 11.61.116, publishes or distributes                                                       
17 electronic or printed photographs, pictures, or films that show the genitals, anus, or                                  
18       female breast of the other person or show that person engaged in a sexual act; [OR]                               
19 (7)  repeatedly sends or publishes an electronic communication that                                                     
20 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner                                  
21       that places the person in reasonable fear of physical injury; or                                              
22 (8)  under circumstances not proscribed under AS 11.41.455,                                                         
23 AS 11.61.125, or 11.61.128, repeatedly sends to another person, publishes, or                                       
24 distributes electronic or printed photographs, pictures, or films that show the                                     
25       genitals of any person.                                                                                     
26    * Sec. 42. AS 11.61.123(a) is amended to read:                                                                     
27 (a)  A person commits the crime of indecent viewing or production of a                                              
28       picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly                                               
29 (1)  views, or views [PRODUCES] a picture of, the private exposure of                                           
30       the genitals, anus, or female breast of another person; or                                                    
31 (2)  produces a picture of the private exposure of the genitals, anus,                                              
01       or female breast of another person [AND THE VIEW OR PRODUCTION IS                                             
02       WITHOUT THE KNOWLEDGE OR CONSENT OF                                                                               
03                 (1)  THE PARENT OR GUARDIAN OF THE PERSON VIEWED,                                                       
04       OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR                                                    
05       SHOWN IS UNDER 16 YEARS OF AGE; AND                                                                               
06                 (2)  THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF                                                      
07       THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE].                                                          
08    * Sec. 43. AS 11.61.123(c) is amended to read:                                                                     
09            (c)  This section does not apply to the viewing or production of a picture                           
10 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement                                               
11       purpose.                                                                                                          
12    * Sec. 44. AS 11.61.123(d) is amended to read:                                                                     
13 (d)  In a prosecution under this section, it is an affirmative defense that the                                         
14 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security                                        
15 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was                                          
16 posted, and any viewing or use of pictures produced is done only in the interest of                                     
17       crime prevention or prosecution.                                                                                  
18    * Sec. 45. AS 11.61.123(f) is amended to read:                                                                     
19            (f)  Indecent viewing or production of a picture [PHOTOGRAPHY] is a                                      
20 (1)  class B felony if the person violates (a)(2) of this section and the                                           
21 person shown in the picture was, at the time of the production of the picture, a                                    
22       minor;                                                                                                        
23                 (2) [(1)]  class C felony if the person                                                             
24                      (A)  violates (a)(1) of this section and the person viewed                                     
25 (i)  [OR SHOWN IN A PICTURE] was, at the time of                                                                    
26                 the viewing [OR PRODUCTION OF THE PICTURE], a minor;                                                
27 (ii)  in a picture was, at the time of the production of                                                            
28                 the picture, a minor; or                                                                            
29 (B)  violates (a)(2) of this section and the person shown in a                                                      
30            picture was, at the time of the production of the picture, an adult;                                     
31 (3) [(2)]  class A misdemeanor if the person violates (a)(1) of this                                            
01       section and the person viewed                                                                                 
02                      (A)  [OR SHOWN IN A PICTURE] was, at the time of the                                           
03            viewing [OR PRODUCTION OF THE PICTURE], an adult; or                                                     
04                      (B)  in a picture was, at the time of the production of the                                    
05            picture, an adult.                                                                                       
06    * Sec. 46. AS 11.61.123 is amended by adding a new subsection to read:                                             
07            (g)  The provisions of this section do not apply to acts                                                     
08                 (1)  that may reasonably be construed to be normal caretaker                                            
09       responsibilities for a child, interactions with a child, or affection for a child; or                             
10 (2)  performed for the purpose of administering a recognized and lawful                                                 
11 form of treatment that is reasonably adapted to promoting the physical or mental                                        
12       health of the person being treated.                                                                               
13    * Sec. 47. AS 11.61 is amended by adding a new section to read:                                                    
14 Sec. 11.61.124. Solicitation or production of an indecent picture of a                                                
15 minor. (a) An offender commits the crime of solicitation or production of an indecent                                 
16 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or                                         
17       AS 11.61.123, the offender being 18 years of age or older                                                         
18 (1)  solicits a picture of the genitals, anus, or female breast of another                                              
19       person and the                                                                                                    
20 (A)  person solicited is under 16 years of age and at least four                                                        
21            years younger than the offender; or                                                                          
22 (B)  offender believes that the other person is under 16 years of                                                       
23            age and at least four years younger than the offender; or                                                    
24 (2)  produces a picture of the genitals, anus, or female breast of another                                              
25       person and the                                                                                                    
26 (A)  person shown in the picture is under 16 years of age and at                                                        
27            least four years younger than the offender; or                                                               
28 (B)  offender believes that the other person is under 16 years of                                                       
29            age and at least four years younger than the offender.                                                       
30 (b)  In a prosecution under (a) of this section, it is not a defense that the person                                    
31 solicited or shown in the picture was not actually a child under 16 years of age and at                                 
01       least four years younger than the offender.                                                                       
02            (c)  In a prosecution under (a)(1) of this section, it is not necessary for the                              
03       prosecution to show that a picture was actually produced.                                                         
04            (d)  The provisions of this section do not apply to acts                                                     
05                 (1)  that may reasonably be construed to be normal caretaker                                            
06       responsibilities for a child, interactions with a child, or affection for a child; or                             
07                 (2)  performed for the purpose of administering a recognized and lawful                                 
08       form of treatment that is reasonably adapted to promoting the physical or mental                                  
09       health of the person being treated.                                                                               
10            (e)  In this section, "picture" has the meaning given in AS 11.61.123.                                       
11            (f)  Solicitation or production of an indecent picture of a minor is a                                       
12                 (1)  class C felony if an offender                                                                      
13 (A)  violates (a)(1) of this section and the person solicited is                                                        
14            under 13 years of age; or                                                                                    
15                      (B)  violates (a)(2) of this section;                                                              
16 (2)  class A misdemeanor if an offender violates (a)(1) of this section                                                 
17       and the person solicited is 13 years of age or older.                                                             
18    * Sec. 48. AS 11.71 is amended by adding a new section to read:                                                    
19 Sec. 11.71.021. Misconduct involving a controlled substance in the second                                             
20 degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                           
21       misconduct involving a controlled substance in the second degree if the person                                    
22 (1)  manufactures or delivers any amount of a schedule IA controlled                                                    
23 substance or possesses any amount of a schedule IA controlled substance with intent                                     
24       to manufacture or deliver;                                                                                        
25 (2)  manufactures any material, compound, mixture, or preparation that                                                  
26       contains                                                                                                          
27 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
28            or                                                                                                           
29 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
30            isomers, or salts of isomers;                                                                                
31 (3)  possesses an immediate precursor of methamphetamine, or the                                                        
01       salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                
02       with the intent to manufacture any material, compound, mixture, or preparation that                               
03       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
04                 (4)  possesses a listed chemical with intent to manufacture any material,                               
05       compound, mixture, or preparation that contains                                                                   
06                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
07            or                                                                                                           
08                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
09            isomers, or salts of isomers;                                                                                
10 (5)  possesses methamphetamine in an organic solution with intent to                                                    
11       extract from it methamphetamine or its salts, isomers, or salts of isomers; or                                    
12 (6)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
13       delivers                                                                                                          
14 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
15 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
16 to another person with reckless disregard that the precursor will be used to                                            
17 manufacture any material, compound, mixture, or preparation that contains                                               
18            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
19 (B)  a listed chemical to another person with reckless disregard                                                        
20 that the listed chemical will be used to manufacture any material, compound,                                            
21            mixture, or preparation that contains                                                                        
22 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
23                 isomers;                                                                                                
24 (ii)  an immediate precursor of methamphetamine, or its                                                                 
25                 salts, isomers, or salts of isomers; or                                                                 
26 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
27                 isomers in an organic solution.                                                                         
28 (b)  In a prosecution under (a) of this section, possession of more than six                                            
29 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                       
30 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                                 
31 the person intended to use the listed chemicals to manufacture, to aid or abet another                                  
01 person to manufacture, or to deliver to another person who intends to manufacture                                       
02 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                                   
03 of methamphetamine or its immediate precursors. The prima facie evidence described                                      
04       in this subsection does not apply to a person who possesses                                                       
05                 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                   
06       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
07                      (A)  and the listed chemical was dispensed to the person under a                                   
08            valid prescription; or                                                                                       
09                      (B)  in the ordinary course of a legitimate business, or an                                        
10            employee of a legitimate business, as a                                                                      
11                           (i)  retailer or as a wholesaler;                                                             
12 (ii)  wholesale drug distributor licensed by the Board of                                                               
13                 Pharmacy;                                                                                               
14 (iii)  manufacturer of drug products licensed by the                                                                    
15                 Board of Pharmacy;                                                                                      
16                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
17                           (v)  health care professional licensed by the state; or                                       
18 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                                  
19 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                                     
20 kept in a locked storage area on the premises of a legitimate business or nonprofit                                     
21 organization operating a camp, lodge, school, day care center, treatment center, or                                     
22 other organized group activity, and the location or nature of the activity, or the age of                               
23 the participants, makes it impractical for the participants in the activity to obtain                                   
24       medicinal products.                                                                                               
25 (c)  In this section, "listed chemical" means a chemical described under                                                
26       AS 11.71.200.                                                                                                     
27 (d)  Misconduct involving a controlled substance in the second degree is a                                              
28       class A felony.                                                                                                   
29    * Sec. 49. AS 11.71.030(a) is amended to read:                                                                     
30 (a)  Except as authorized in AS 17.30, a person commits the crime of                                                    
31 misconduct involving a controlled substance in the third [SECOND] degree if the                                     
01       person                                                                                                            
02                 (1)  manufactures or delivers, or possesses with intent to manufacture                                  
03       or deliver,                                                                                                       
04                      (A)  one or more preparations, compounds, mixtures, or                                             
05            substances of an aggregate weight of one gram or more containing a schedule                                  
06            IA controlled substance;                                                                                     
07                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
08            schedule IA controlled substance;                                                                            
09                      (C)  one or more preparations, compounds, mixtures, or                                             
10 substances of an aggregate weight of 2.5 grams or more containing a schedule                                            
11            IIA or IIIA controlled substance; or                                                                         
12 (D)  50 or more tablets, ampules, or syrettes containing a                                                              
13            schedule IIA or IIIA controlled substance;                                                                   
14 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                                       
15 substance to a person under 19 years of age who is at least three years younger than                                    
16       the person delivering the substance;                                                                              
17                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
18                      (A)  with reckless disregard that the possession occurs                                            
19                           (i)  on or within 500 feet of school grounds; or                                              
20 (ii)  at or within 500 feet of a recreation or youth center;                                                            
21                 or                                                                                                      
22                      (B)  on a school bus;                                                                              
23 (4)  manufactures any material, compound, mixture, or preparation that                                                  
24       contains                                                                                                          
25 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
26            or                                                                                                           
27 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
28            isomers, or salts of isomers;                                                                                
29 (5)  possesses an immediate precursor of methamphetamine, or the                                                        
30 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
31 with the intent to manufacture any material, compound, mixture, or preparation that                                     
01       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
02                 (6)  possesses a listed chemical with intent to manufacture any material,                               
03       compound, mixture, or preparation that contains                                                                   
04                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
05            or                                                                                                           
06                      (B)  an immediate precursor of methamphetamine, or its salts,                                      
07            isomers, or salts of isomers;                                                                                
08                 (7)  possesses methamphetamine in an organic solution with intent to                                    
09       extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR]                                  
10 (8)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
11       delivers                                                                                                          
12 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
13 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
14 to another person with reckless disregard that the precursor will be used to                                            
15 manufacture any material, compound, mixture, or preparation that contains                                               
16            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
17 (B)  a listed chemical to another person with reckless disregard                                                        
18 that the listed chemical will be used to manufacture any material, compound,                                            
19            mixture, or preparation that contains                                                                        
20 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
21                 isomers;                                                                                                
22 (ii)  an immediate precursor of methamphetamine, or its                                                                 
23                 salts, isomers, or salts of isomers; or                                                                 
24 (iii)  methamphetamine or its salts, isomers, or salts of                                                               
25                 isomers in an organic solution; or                                                                  
26 (9)  under circumstances not proscribed under AS 11.71.021(a)(2) -                                                  
27 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled                                       
28 substance or possesses any amount of a schedule IIA or IIIA controlled substance                                    
29       with intent to manufacture or deliver.                                                                        
30    * Sec. 50. AS 11.71.030(d) is amended to read:                                                                     
31 (d)  Misconduct involving a controlled substance in the third [SECOND]                                              
01       degree is a class B felony.                                                                                       
02    * Sec. 51. AS 11.71.040(a) is amended to read:                                                                     
03            (a)  Except as authorized in AS 17.30 and AS 17.38, a person commits the                                 
04       crime of misconduct involving a controlled substance in the fourth [THIRD] degree if                          
05       the person                                                                                                        
06                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
07       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
08       substance with intent to manufacture or deliver;                                                                  
09                 (2)  manufactures or delivers, or possesses with the intent to                                          
10 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
11 of an aggregate weight of one ounce or more containing a schedule VIA controlled                                        
12       substance;                                                                                                        
13 (3)  possesses any amount of a schedule IA controlled substance listed                                                  
14       in AS 11.71.140(e);                                                                                               
15                 (4)  possesses a schedule IIIA, IVA, VA, or VIA controlled substance                                    
16                      (A)  with reckless disregard that the possession occurs                                            
17                           (i)  on or within 500 feet of school grounds; or                                              
18 (ii)  at or within 500 feet of a recreation or youth center;                                                            
19                 or                                                                                                      
20                      (B)  on a school bus;                                                                              
21 (5)  knowingly keeps or maintains any store, shop, warehouse,                                                           
22 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                               
23 keeping or distributing controlled substances in violation of a felony offense under this                               
24       chapter or AS 17.30;                                                                                              
25 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                                 
26 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                                
27 mark, imprint, or device of another or any likeness of any of these on a drug, drug                                     
28       container, or labeling so as to render the drug a counterfeit substance;                                          
29 (7)  knowingly uses in the course of the manufacture or distribution of a                                               
30 controlled substance a registration number that is fictitious, revoked, suspended, or                                   
31       issued to another person;                                                                                         
01                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
02       material information from any application, report, record, or other document required                             
03       to be kept or filed under AS 17.30;                                                                               
04                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
05       fraud, forgery, deception, or subterfuge;                                                                         
06                 (10)  affixes a false or forged label to a package or other container                                   
07       containing any controlled substance; or                                                                           
08                 (11)  manufactures or delivers, or possesses with the intent to                                         
09       manufacture or deliver,                                                                                           
10 (A)  one or more preparations, compounds, mixtures, or                                                                  
11 substances of an aggregate weight of less than one gram containing a schedule                                           
12            IA controlled substance;                                                                                     
13 (B)  less than 25 tablets, ampules, or syrettes containing a                                                            
14            schedule IA controlled substance;                                                                            
15 (C)  one or more preparations, compounds, mixtures, or                                                                  
16 substances of an aggregate weight of less than 2.5 grams containing a schedule                                          
17            IIA or IIIA controlled substance; or                                                                         
18 (D)  less than 50 tablets, ampules, or syrettes containing a                                                            
19            schedule IIA or IIIA controlled substance; or                                                            
20 (12)  violates AS 11.71.050(a)(4), 11.71.060(a)(2), or 11.71.060(a)(4)                                              
21 and has been previously convicted of a crime under AS 11.71.050(a)(4),                                              
22       11.71.060(a)(2)(B), or 11.71.060(a)(4).                                                                       
23    * Sec. 52. AS 11.71.040(d) is amended to read:                                                                     
24 (d)  Misconduct involving a controlled substance in the fourth [THIRD]                                              
25       degree is a class C felony.                                                                                       
26    * Sec. 53. AS 11.71.050 is amended to read:                                                                        
27 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth                                            
28 [FOURTH] degree. (a) Except as authorized in AS 03.05, AS 17.30, and AS 17.38                                     
29 [AS 17.30], a person commits the crime of misconduct involving a controlled                                             
30       substance in the fifth [FOURTH] degree if the person                                                          
31 (1)  manufactures or delivers, or possesses with the intent to                                                          
01       manufacture or deliver, one or more preparations, compounds, mixtures, or substances                              
02       of an aggregate weight of less than one ounce containing a schedule VIA controlled                                
03       substance;                                                                                                        
04                 (2)  [REPEALED]                                                                                         
05                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
06       statement, invoice, or information required under AS 17.30; [OR]                                                  
07                 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                       
08 11.71.040(a)(3), 11.71.040(a)(4), [OR] 11.71.060(a)(2), or 11.71.060(a)(4), possesses                               
09 (A)  any amount of a schedule IA [, IIA, IIIA, IVA, VA, OR                                                          
10            VIA] controlled substance;                                                                               
11 (B)  any amount of a IIA controlled substance except a                                                              
12            controlled substance listed in AS 11.71.150(e)(11) - (15);                                               
13 (C)  25 or more tablets, ampules, or syrettes containing a                                                          
14            schedule IIIA or IVA controlled substance;                                                               
15 (D)  one or more preparations, compounds, mixtures, or                                                              
16            substances of an aggregate weight of                                                                     
17 (i)  three grams or more containing a schedule IIIA                                                                 
18 or IVA controlled substance except a controlled substance in a                                                      
19                 form listed in (ii) of this subparagraph;                                                           
20 (ii)  12 grams or more containing a schedule IIIA                                                                   
21 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been                                              
22 sprayed on or otherwise applied to tobacco, an herb, or another                                                     
23                 organic material; or                                                                                
24 (iii)  500 milligrams or more of a schedule IIA                                                                     
25                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
26 (E)  50 or more tablets, ampules, or syrettes containing a                                                          
27            schedule VA controlled substance;                                                                        
28 (F)  one or more preparations, compounds, mixtures, or                                                              
29 substances of an aggregate weight of six grams or more containing a                                                 
30            schedule VA controlled substance;                                                                        
31 (G)  one or more preparations, compounds, mixtures, or                                                              
01            substances of an aggregate weight of four ounces or more containing a                                    
02            schedule VIA controlled substance; or                                                                    
03                      (H)  25 or more plants of the genus cannabis.                                                  
04            (b)  Misconduct involving a controlled substance in the fifth [FOURTH]                                   
05       degree is a class A misdemeanor.                                                                                  
06    * Sec. 54. AS 11.71.060 is amended to read:                                                                        
07 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth                                            
08 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person                                        
09 commits the crime of misconduct involving a controlled substance in the sixth                                       
10       [FIFTH] degree if the person                                                                                      
11 (1)  uses or displays any amount of a schedule VIA controlled                                                           
12       substance;                                                                                                        
13 (2)  possesses one or more preparations, compounds, mixtures, or                                                        
14       substances of an aggregate weight of                                                                              
15 (A)  less than one ounce containing a schedule VIA controlled                                                           
16            substance;                                                                                                   
17 (B)  six grams or less containing a schedule IIIA controlled                                                            
18 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                               
19            otherwise applied to tobacco, an herb, or another organic material; [OR]                                     
20 (3)  refuses entry into a premise for an inspection authorized under                                                    
21       AS 17.30; or                                                                                                  
22 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                   
23 11.71.040(a)(3), 11.71.040(a)(4), 11.71.050(a)(4), or (2) of this subsection,                                       
24       possesses                                                                                                     
25 (A)  less than 25 tablets, ampules, or syrettes containing a                                                        
26            schedule IIIA or IVA controlled substance;                                                               
27 (B)  one or more preparations, compounds, mixtures, or                                                              
28            substances of an aggregate weight of less than                                                           
29 (i)  three grams containing a schedule IIIA or IVA                                                                  
30 controlled substance except a controlled substance in a form listed                                                 
31                 in (ii) of this subparagraph;                                                                       
01 (ii)  12 grams but more than six grams containing a                                                                 
02 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) -                                                   
03 (16) that has been sprayed on or otherwise applied to tobacco, an                                                   
04                 herb, or another organic material; or                                                               
05                           (iii)  500 milligrams containing a schedule IIA                                           
06                 controlled substance listed in AS 11.71.150(e)(11) - (15);                                          
07                      (C)  less than 50 tablets, ampules, or syrettes containing a                                   
08            schedule VA controlled substance;                                                                        
09                      (D)  one or more preparations, compounds, mixtures, or                                         
10 substances of an aggregate weight of less than six grams containing a                                               
11            schedule VA controlled substance; or                                                                     
12 (E)  one or more preparations, compounds, mixtures, or                                                              
13 substances of an aggregate weight of one ounce or more containing a                                                 
14            schedule VIA controlled substance.                                                                       
15 (b)  Misconduct involving a controlled substance in the sixth [FIFTH] degree                                        
16       is a class B misdemeanor.                                                                                         
17    * Sec. 55. AS 11.71.311(a) is amended to read:                                                                     
18 (a)  A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4),                                     
19 or (12), 11.71.050(a)(4), or 11.71.060(a)(1), (2), or (4) [AS 11.71.030(a)(3),                                      
20       11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] if that person                                
21 (1)  sought, in good faith, medical or law enforcement assistance for                                                   
22 another person who the person reasonably believed was experiencing a drug overdose                                      
23       and                                                                                                               
24 (A)  the evidence supporting the prosecution for an offense                                                             
25 under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4), or 11.71.060(a)(1),                                        
26 (2), or (4) [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR                                        
27 11.71.060(a)(1) OR (2)] was obtained or discovered as a result of the person                                            
28            seeking medical or law enforcement assistance;                                                               
29 (B)  the person remained at the scene with the other person until                                                       
30            medical or law enforcement assistance arrived; and                                                           
31 (C)  the person cooperated with medical or law enforcement                                                              
01            personnel, including by providing identification;                                                            
02 (2)  was experiencing a drug overdose and sought medical assistance,                                                    
03 and the evidence supporting a prosecution for an offense under AS 11.71.040(a)(3),                                  
04 (4), or (12), 11.71.050(a)(4), or 11.71.060(a)(1), (2), or (4) [AS 11.71.030(a)(3),                                 
05 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] was obtained as                                     
06       a result of the overdose and the need for medical assistance.                                                     
07    * Sec. 56. AS 12.25.150(a) is amended to read:                                                                     
08            (a)  A person arrested shall be taken before a judge or magistrate without                                   
09       unnecessary delay and in any event within 24 hours after arrest, absent compelling                                
10 circumstances, including Sundays and holidays. The unavailability of a report                                           
11 prepared by the probation officer acting as a pretrial services officer under AS 33.05                          
12 [AS 33.07] or a delay in the transmittal of that report to the parties or to the court may                              
13 not be considered a sufficient compelling circumstance to justify delaying a hearing                                    
14 beyond 24 hours. The hearing before the judge or magistrate may not take place more                                     
15 than 48 hours after arrest. This requirement applies to municipal police officers to the                                
16       same extent as it does to state troopers.                                                                         
17    * Sec. 57. AS 12.30.006(b) is amended to read:                                                                     
18 (b)  At the first appearance before a judicial officer, a person may be detained                                        
19 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
20 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
21       pose a danger to the victim, other persons, or the community, if the person has                                   
22 (1)  been charged with an unclassified, class A, class B, or class C                                                    
23       felony; or                                                                                                        
24 (2)  a criminal conviction or charge outside the state [THAT HAS NOT                                                    
25 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE                                                                 
26       PRETRIAL RISK ASSESSMENT UNDER AS 33.07].                                                                         
27    * Sec. 58. AS 12.30.006(c) is amended to read:                                                                     
28 (c)  A person who remains in custody 48 hours after appearing before a judicial                                         
29 officer because of inability to meet the conditions of release shall, upon application, be                              
30 entitled to have the conditions reviewed by the judicial officer who imposed them. If                                   
31 the judicial officer who imposed the conditions of release is not available, any judicial                               
01 officer in the judicial district may review the conditions. [UPON REVIEW OF THE                                         
02 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS                                                            
03 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING                                                                 
04 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT                                                           
05 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE                                                            
06       RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE                                                                   
07                 (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                             
08                 (2)  SAFETY OF THE VICTIM, OTHER PERSONS, AND THE                                                       
09       COMMUNITY.]                                                                                                       
10    * Sec. 59. AS 12.30.006(d) is amended to read:                                                                     
11 (d)  If a person remains in custody after review of conditions by a judicial                                            
12 officer under (c) of this section, the person may request a subsequent review of                                        
13 conditions. Unless the prosecuting authority stipulates otherwise or the person has                                     
14 been incarcerated for a period equal to the maximum sentence for the most serious                                       
15 charge for which the person is being held, a judicial officer may not schedule a bail                                   
16       review hearing under this subsection unless                                                                       
17 (1)  the person provides to the court and the prosecuting authority a                                                   
18 written statement that new information not considered at the previous review will be                                    
19 presented at the hearing; the statement must include a description of the information                                   
20 and the reason the information was not presented at a previous hearing; in this                                         
21 paragraph, "new information" includes the person's inability to post the required bail if                           
22 the person can show that the person made a good faith effort to post the required                                   
23       bail;                                                                                                         
24 (2)  the prosecuting authority and any surety, if applicable, have at least                                             
25 48 hours' [HOURS"] written notice before the time set for the review requested under                                
26       this subsection; the defendant shall notify the surety; and                                                       
27 (3)  at least seven days have elapsed between the previous review and                                                   
28 the time set for the requested review; however, a person may receive only one bail                                      
29       review hearing solely for inability to pay.                                                                       
30    * Sec. 60. AS 12.30.006(f) is amended to read:                                                                     
31 (f)  The judicial officer shall issue written or oral findings that explain the                                         
01 reasons the officer imposed the particular conditions of release or modifications or                                    
02 additions to conditions previously imposed. The judicial officer shall inform the                                       
03 person that a law enforcement officer or a pretrial services officer under                                              
04 AS 33.05.040(a)(11) [AS 33.07] may arrest the person without a warrant for violation                                
05       of the court's order establishing conditions of release.                                                          
06    * Sec. 61. AS 12.30.011 is repealed and reenacted to read:                                                         
07 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this                                        
08 chapter, a judicial officer shall order a person charged with an offense to be released                                 
09 on the person's personal recognizance or upon execution of an unsecured appearance                                      
10       bond, on the condition that the person                                                                          
11                 (1)  obey all court orders and all federal, state, and local laws;                                      
12                 (2)  appear in court when ordered;                                                                      
13                 (3)  if represented, maintain contact with the person's lawyer; and                                     
14 (4)  notify the person's lawyer, who shall notify the prosecuting                                                       
15       authority and the court, not more than 24 hours after the person changes residence.                               
16 (b)  If a judicial officer determines that the release under (a) of this section will                                   
17 not reasonably ensure the appearance of the person or will pose a danger to the victim,                                 
18 other persons, or the community, the officer shall impose the least restrictive condition                               
19 or conditions that will reasonably ensure the person's appearance and protect the                                       
20 victim, other persons, and the community. In addition to conditions under (a) of this                                   
21       section, the judicial officer may, singly or in combination,                                                      
22 (1)  require the execution of an appearance bond in a specified amount                                                  
23 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                               
24       of the amount of the bond;                                                                                        
25 (2)  require the execution of a bail bond with sufficient solvent sureties                                              
26       or the deposit of cash;                                                                                           
27 (3)  require the execution of a performance bond in a specified amount                                                  
28       of cash to be deposited in the registry of the court;                                                             
29                 (4)  place restrictions on the person's travel, association, or residence;                              
30 (5)  order the person to refrain from possessing a deadly weapon on the                                                 
31       person or in the person's vehicle or residence;                                                                   
01                 (6)  require the person to maintain employment or, if unemployed,                                       
02       actively seek employment;                                                                                         
03                 (7)  require the person to notify the person's lawyer and the prosecuting                               
04       authority within two business days after any change in employment;                                                
05                 (8)  require the person to avoid all contact with a victim, a potential                                 
06       witness, or a codefendant;                                                                                        
07                 (9)  require the person to refrain from the consumption and possession                                  
08       of alcoholic beverages;                                                                                           
09                 (10)  require the person to refrain from the use of a controlled substance                              
10 as defined by AS 11.71, unless prescribed by a licensed health care provider with                                       
11       prescriptive authority;                                                                                           
12 (11)  require the person to be physically inside the person's residence,                                                
13 or in the residence of the person's third-party custodian, at time periods set by the                                   
14       court;                                                                                                            
15 (12)  require the person to keep regular contact with a pretrial service                                                
16       officer or law enforcement officer or agency;                                                                     
17 (13)  order the person to refrain from entering or remaining in premises                                                
18       licensed under AS 04;                                                                                             
19 (14)  place the person in the custody of an individual who agrees to                                                    
20       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
21 (15)  if the person is under the treatment of a licensed health care                                                    
22       provider, order the person to follow the provider's treatment recommendations;                                    
23 (16)  order the person to take medication that has been prescribed for                                                  
24       the person by a licensed health care provider with prescriptive authority;                                        
25                 (17)  order the person to submit to electronic monitoring;                                              
26 (18)  order the person to submit to supervision by the pretrial services                                                
27 officer in the Department of Corrections under AS 33.05, which may include the use                                      
28       of electronic monitoring;                                                                                         
29 (19)  order the person to comply with any other condition that is                                                       
30 reasonably necessary to ensure the appearance of the person and to ensure the safety                                    
31       of the victim, other persons, and the community; and                                                              
01 (20)  require the person to comply with a program established under                                                     
02 AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                       
03 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony,                                
04       or a crime involving domestic violence.                                                                           
05            (c)  In determining the conditions of release under this chapter, the court shall                            
06       consider the following:                                                                                           
07                 (1)  the nature and circumstances of the offense charged;                                               
08                 (2)  the weight of the evidence against the person;                                                     
09                 (3)  the nature and extent of the person's family ties and relationships;                               
10                 (4)  the person's employment status and history;                                                        
11                 (5)  the length and character of the person's past and present residence;                               
12                 (6)  the person's record of convictions;                                                                
13                 (7)  the person's record of appearance at court proceedings;                                            
14 (8)  assets available to the person to meet monetary conditions of                                                      
15       release;                                                                                                          
16                 (9)  the person's reputation, character, and mental condition;                                          
17 (10)  the effect of the offense on the victim, any threats made to the                                                  
18       victim, and the danger that the person poses to the victim; and                                                   
19 (11)  any other facts that are relevant to the person's appearance or the                                               
20       person's danger to the victim, other persons, or the community.                                                   
21            (d)  In making a finding regarding the release of a person under this chapter,                               
22 (1)  except as otherwise provided in this chapter, the burden of proof is                                               
23 on the prosecuting authority that a person charged with an offense should be detained                                   
24       or released with conditions described in (b) of this section or AS 12.30.016;                                     
25 (2)  there is a rebuttable presumption that there is a substantial risk that                                            
26 the person will not appear and the person poses a danger to the victim, other persons,                                  
27       or the community, if the person is                                                                                
28 (A)  charged with an unclassified felony, a class A felony, a                                                           
29            sexual felony, or a felony under AS 28.35.030 or 28.35.032;                                                  
30 (B)  charged with a felony crime against a person under                                                                 
31 AS 11.41, was previously convicted of a felony crime against a person under                                             
01 AS 11.41 in this state or a similar offense in another jurisdiction, and less than                                      
02 five years have elapsed between the date of the person's unconditional                                                  
03 discharge on the immediately preceding offense and the commission of the                                                
04            present offense;                                                                                             
05                      (C)  charged with a felony offense committed while the person                                      
06 was on release under this chapter for a charge or conviction of another offense;                                        
07 (D)  charged with a crime involving domestic violence, and has                                                          
08 been convicted in the previous five years of a crime involving domestic                                                 
09            violence in this state or a similar offense in another jurisdiction;                                         
10 (E)  arrested in connection with an accusation that the person                                                          
11 committed a felony outside the state or is a fugitive from justice from another                                         
12            jurisdiction, and the court is considering release under AS 12.70.                                           
13 (e)  If the supreme court establishes a schedule of bail amounts or conditions of                                       
14 release for misdemeanor offenses, the schedule must include a condition providing                                       
15 that a correctional facility shall, at the time of release, conduct a chemical test of the                              
16 breath of a person who has been arrested and who is intoxicated and shall detain the                                    
17 person until the test result indicates that the person's breath has less than 0.08 grams of                             
18 alcohol for each 210 liters of breath or, with the consent of the person, release the                                   
19       person to another person who is willing and able to provide care for the person.                                  
20 (f)  In determining the conditions of release under this chapter, the court may                                         
21       consider the pretrial risk assessment.                                                                            
22    * Sec. 62. AS 12.30.021(a) is amended to read:                                                                     
23 (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                           
24 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE                                   
25 RECORD,] that the appointment will, singly or in combination with other                                             
26       conditions,                                                                                                   
27 [(1)  PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT                                                                        
28       AVAILABLE IN THE PERSON'S LOCATION;                                                                               
29 (2)  NO SECURED APPEARANCE OR PERFORMANCE BONDS                                                                         
30       HAVE BEEN ORDERED; AND                                                                                            
31 (3)  NO OTHER CONDITIONS OF RELEASE OR COMBINATION                                                                      
01       OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of                                    
02       the victim, other persons, and the community.                                                                     
03    * Sec. 63. AS 12.30.021(c) is amended to read:                                                                     
04            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
05                 (1)  the proposed custodian is acting as a third-party custodian for                                    
06       another person;                                                                                                   
07                 (2)  the proposed custodian has been unconditionally discharged                                     
08       within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a                           
09       crime under AS 11.41, or a similar crime in this or another jurisdiction;                                     
10 (3)  criminal charges are pending in this state or another jurisdiction                                                 
11       against the proposed custodian;                                                                                   
12 (4)  the proposed custodian is on probation in this state or another                                                    
13       jurisdiction for an offense;                                                                                      
14 (5)  [THERE IS A REASONABLE PROBABILITY THAT THE                                                                        
15 STATE WILL CALL] the proposed custodian may be called as a witness in the                                           
16       prosecution of the person;                                                                                        
17 (6)  the proposed custodian resides out of state; however, a nonresident                                                
18 may serve as a custodian if the nonresident resides in the state while serving as                                       
19       custodian.                                                                                                        
20    * Sec. 64. AS 12.55.015 is amended by adding a new subsection to read:                                             
21 (l)  In making a determination under (a)(12) of this section for a defendant                                            
22 convicted of a crime involving a sex offense as defined in AS 12.63.100 or a crime                                      
23 involving domestic violence as defined in AS 18.66.990, there is a presumption that,                                    
24 unless the court finds on the record that contact between a defendant and the victim of                                 
25 the offense is necessary, the court shall order the defendant to have no contact, either                                
26 directly or indirectly, with the victim until the defendant is unconditionally discharged.                              
27    * Sec. 65. AS 12.55.025(c) is amended to read:                                                                     
28 (c)  Except as provided in (d) of this section, when a defendant is sentenced to                                        
29 imprisonment, the term of confinement commences on the date of imposition of                                            
30 sentence unless the court specifically provides that the defendant must report to serve                                 
31 the sentence on another date. If the court provides another date to begin the term of                                   
01 confinement, the court shall provide the defendant with written notice of the date,                                     
02 time, and location of the correctional facility to which the defendant must report. A                                   
03 defendant shall receive credit for time spent in custody pending trial, sentencing, or                                  
04 appeal, if the detention was in connection with the offense for which the sentence was                              
05 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS                                                                
06 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the                                         
07 actual time spent in custody pending trial, sentencing, or appeal. The time during                                      
08 which a defendant is voluntarily absent from official detention after the defendant has                                 
09       been sentenced may not be credited toward service of the sentence.                                                
10    * Sec. 66. AS 12.55.025 is amended by adding a new subsection to read:                                             
11 (m)  When imposing a sentence for conviction of a felony offense or a                                                   
12 sentence of imprisonment exceeding 90 days or, upon a conviction of a violation of                                      
13 AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with                                     
14 AS 04.21.010, the court shall orally state on the record the terms of the sentence of                                   
15 imprisonment imposed and the approximate minimum sentence that must be served                                           
16 before the defendant may be eligible for mandatory parole and that the period of active                                 
17       incarceration may be reduced under other provisions of law.                                                       
18    * Sec. 67. AS 12.55.027(d) is amended to read:                                                                     
19 (d)  A court may not grant credit against a sentence of imprisonment for time                                       
20 spent in a private residence or under electronic monitoring [IF THE PERSON HAS                                      
21 NOT COMMITTED A CRIMINAL OFFENSE WHILE UNDER ELECTRONIC                                                                 
22 MONITORING AND THE COURT IMPOSES RESTRICTIONS ON THE                                                                    
23 PERSON'S FREEDOM OF MOVEMENT AND BEHAVIOR WHILE UNDER THE                                                               
24 ELECTRONIC MONITORING PROGRAM, INCLUDING REQUIRING THE                                                                  
25       PERSON TO BE CONFINED TO A RESIDENCE EXCEPT FOR A                                                                 
26                 (1)  COURT APPEARANCE;                                                                                  
27                 (2)  MEETING WITH COUNSEL; OR                                                                           
28 (3)  PERIOD DURING WHICH THE PERSON IS AT A LOCATION                                                                    
29 ORDERED BY THE COURT FOR THE PURPOSES OF EMPLOYMENT,                                                                    
30 ATTENDING EDUCATIONAL OR VOCATIONAL TRAINING, PERFORMING                                                                
31 COMMUNITY VOLUNTEER WORK, OR ATTENDING A REHABILITATIVE                                                                 
01       ACTIVITY OR MEDICAL APPOINTMENT].                                                                                 
02    * Sec. 68. AS 12.55.027(e) is amended to read:                                                                     
03 (e)  If a defendant intends to claim credit toward a sentence of imprisonment                                           
04 for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING]                                                  
05 either as a condition of probation or as a condition of bail release after a petition to                                
06 revoke probation has been filed, the defendant shall file notice with the court and the                                 
07 prosecutor 10 days before the disposition hearing. The notice shall include the amount                                  
08 of time the defendant is claiming. The defendant must prove by a preponderance of the                                   
09 evidence that the credit claimed meets the requirements of this section. A court may                                    
10 not consider, except for good cause, a request for credit made under this subsection                                    
11       more than 90 days after the disposition hearing.                                                                  
12    * Sec. 69. AS 12.55.027(f) is amended to read:                                                                     
13            (f)  To qualify as a treatment program under this section, a program must                                    
14                 (1)  be intended to address criminogenic traits or behaviors;                                           
15                 (2)  provide measures of progress or completion; and                                                    
16 (3)  require notification to the prosecuting authority, pretrial services                                           
17 officer, [OFFICE] or probation officer if the person is discharged from the program                                 
18       for noncompliance.                                                                                                
19    * Sec. 70. AS 12.55.027 is amended by adding a new subsection to read:                                             
20 (i)  A court granting credit against a sentence of imprisonment under (a) of this                                       
21 section may grant credit of not more than 180 days against the total term of                                            
22       imprisonment imposed.                                                                                           
23    * Sec. 71. AS 12.55.051(a) is amended to read:                                                                     
24 (a)  If the defendant defaults in the payment of a fine or any installment or of                                        
25 restitution or any installment, the court may order the defendant to show cause why                                     
26 the defendant should not be sentenced to imprisonment for nonpayment and, if the                                        
27 payment was made a condition of the defendant's probation, may revoke the probation                                     
28 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a                                                  
29 contempt or probation revocation proceeding brought as a result of failure to pay a                                     
30 fine or restitution, it is an affirmative defense that the defendant was unable to pay                                  
31 despite having made continuing good faith efforts to pay the fine or restitution. If the                                
01 court finds that the defendant was unable to pay despite having made continuing good                                    
02 faith efforts, the defendant may not be imprisoned solely because of the inability to                                   
03 pay. If the court does not find that the default was attributable to the defendant's                                    
04 inability to pay despite having made continuing good faith efforts to pay the fine or                                   
05 restitution, the court may order the defendant imprisoned until the order of the court                              
06 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of                                             
07 imprisonment imposed under this section may not exceed one day for each $50 of the                                      
08 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                               
09 be given toward satisfaction of the order of the court for every day a person is                                        
10       incarcerated for nonpayment of a fine or restitution.                                                             
11    * Sec. 72. AS 12.55.090(c) is amended to read:                                                                     
12            (c)  The period of probation, together with any extension, may not exceed                                    
13                 (1)  25 [15] years for a felony sex offense; or                                                 
14 (2)  10 years for any other offense [AN UNCLASSIFIED FELONY                                                         
15       UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;                                                                 
16 (3)  FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1)                                                                  
17       OR (2) OF THIS SUBSECTION;                                                                                        
18                 (4)  THREE YEARS FOR A MISDEMEANOR OFFENSE                                                              
19                      (A)  UNDER AS 11.41;                                                                               
20 (B)  THAT IS A CRIME INVOLVING DOMESTIC                                                                                 
21            VIOLENCE; OR                                                                                                 
22 (C)  THAT IS A SEX OFFENSE, AS THAT TERM IS                                                                             
23            DEFINED IN AS 12.63.100;                                                                                     
24 (5)  TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER                                                                          
25 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN                                                            
26 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A                                                           
27       SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR                                                      
28 (6)  ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF                                                                 
29       THIS SUBSECTION].                                                                                                 
30    * Sec. 73. AS 12.55.090(g) is amended to read:                                                                     
31 (g)  At the discretion of the probation officer, a [A] probation officer may                                    
01       [SHALL] recommend to the court that probation be terminated and a defendant be                                    
02       discharged from probation if the defendant                                                                        
03                 (1)  has completed at least                                                                             
04                      (A)  two years on probation if the person was convicted of a                                       
05            class A or class B felony that is not a crime under (4) [(5)] of this subsection;                        
06            or                                                                                                           
07                      (B)  18 months on probation if the person was convicted of a                                       
08            crime that is not a crime                                                                                    
09                           (i)  under (A) of this paragraph; or                                                          
10                           (ii)  under (4) [(5)] of this subsection;                                                 
11 (2)  has completed all treatment programs required as a condition of                                                    
12       probation;                                                                                                        
13 (3)  [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS                                                                     
14 OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED IN (1) OF                                                            
15       THIS SUBSECTION;                                                                                                  
16 (4)]  is currently in compliance with all conditions of probation for all                                               
17       of the cases for which the person is on probation; and                                                            
18 (4) [(5)]  has not been convicted of an unclassified felony offense, a                                              
19 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as                                     
20       defined in AS 18.66.990.                                                                                        
21    * Sec. 74. AS 12.55.125(c) is amended to read:                                                                     
22 (c)  Except as provided in (i) of this section, a defendant convicted of a class A                                      
23 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
24 and shall be sentenced to a definite term within the following presumptive ranges,                                      
25       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
26 (1)  if the offense is a first felony conviction and does not involve                                                   
27       circumstances described in (2) of this subsection, five [THREE] to eight [SIX] years;                     
28                 (2)  if the offense is a first felony conviction                                                        
29                      (A)  and the defendant                                                                         
30 [(A)]  possessed a firearm, used a dangerous instrument, or                                                             
31 caused serious physical injury or death during the commission of the offense,                                           
01            [FIVE TO NINE YEARS;] or                                                                                     
02 [(B)]  knowingly directed the conduct constituting the offense at                                                       
03 a uniformed or otherwise clearly identified peace officer, firefighter,                                                 
04 correctional employee, emergency medical technician, paramedic, ambulance                                               
05 attendant, or other emergency responder who was engaged in the performance                                              
06            of official duties at the time of the offense, seven to 11 years;                                            
07                      (B)  and the conviction is for manufacturing related to                                        
08 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if                                            
09 (i)  the manufacturing occurred in a building with                                                                  
10 reckless disregard that the building was used as a permanent or                                                     
11 temporary home or place of lodging for one or more children                                                         
12 under 18 years of age or the building was a place frequented by                                                     
13                 children; or                                                                                        
14 (ii)  in the course of manufacturing or in preparation                                                              
15 for manufacturing, the defendant obtained the assistance of one or                                                  
16 more children under 18 years of age or one or more children were                                                    
17                 present;                                                                                            
18 (3)  if the offense is a second felony conviction, 10 [EIGHT] to 14 [12]                                        
19       years;                                                                                                            
20 (4)  if the offense is a third felony conviction and the defendant is not                                               
21       subject to sentencing under (l) of this section, 15 [13] to 20 years.                                         
22    * Sec. 75. AS 12.55.125(d) is amended to read:                                                                     
23 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
24 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
25 and shall be sentenced to a definite term within the following presumptive ranges,                                      
26       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
27 (1)  if the offense is a first felony conviction and does not involve                                                   
28 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years;                             
29 a defendant sentenced under this paragraph may, if the court finds it appropriate, be                                   
30 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                                 
31 probation under AS 12.55.086, the defendant is required to serve an active term                                     
01       of imprisonment within the range specified in this paragraph, unless the court                                
02       finds that a mitigation factor under AS 12.55.155 applies;                                                    
03                 (2)  if the offense is a first felony conviction,                                                       
04                      (A)  the defendant violated AS 11.41.130, and the victim was                                   
05                      [(A)]  a child under 16 years of age, two to four years; [OR]                                      
06                      (B)  two to four years if the conviction is for attempt,                                       
07            solicitation, or conspiracy to manufacture related to methamphetamine                                    
08            under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and                                                     
09                           (i)  the attempted manufacturing occurred, or the                                         
10 solicited or conspired offense was to have occurred, in a building                                                  
11 with reckless disregard that the building was used as a permanent                                                   
12 or temporary home or place of lodging for one or more children                                                      
13 under 18 years of age or the building was a place frequented by                                                     
14                 children; or                                                                                        
15 (ii)  in the course of an attempt to manufacture, the                                                               
16 defendant obtained the assistance of one or more children under 18                                                  
17 years of age or one or more children were present [WAS 16 YEARS                                                     
18                 OF AGE OR OLDER, ONE TO THREE YEARS];                                                                   
19 (3)  if the offense is a second felony conviction, four [TWO] to seven                                          
20       [FIVE] years;                                                                                                     
21                 (4)  if the offense is a third felony conviction, six [FOUR] to 10 years.                           
22    * Sec. 76. AS 12.55.125(e) is amended to read:                                                                     
23 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
24 felony may be sentenced to a definite term of imprisonment of not more than five                                        
25 years, and shall be sentenced to a definite term within the following presumptive                                       
26       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
27 (1)  if the offense is a first felony conviction and does not involve                                                   
28 circumstances described in (4) of this subsection, zero to two years; a defendant                                       
29 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
30 suspended imposition of sentence under AS 12.55.085, and the court may, as a                                            
31 condition of probation under AS 12.55.086, require the defendant to serve an active                                     
01       term of imprisonment within the range specified in this paragraph;                                                
02                 (2)  if the offense is a second felony conviction, two [ONE] to four                                
03       years;                                                                                                            
04                 (3)  if the offense is a third felony conviction, three [TWO] to five                               
05       years;                                                                                                            
06                 (4)  if the offense is a first felony conviction, and the defendant violated                            
07       AS 08.54.720(a)(15), one to two years.                                                                          
08    * Sec. 77. AS 12.55.125(i) is amended to read:                                                                     
09            (i)  A defendant convicted of                                                                                
10 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                                 
11 first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex                                     
12 trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite                                 
13 term of imprisonment of not more than 99 years and shall be sentenced to a definite                                     
14 term within the following presumptive ranges, subject to adjustment as provided in                                      
15       AS 12.55.155 - 12.55.175:                                                                                         
16 (A)  if the offense is a first felony conviction, the offense does                                                      
17 not involve circumstances described in (B) of this paragraph, and the victim                                            
18            was                                                                                                          
19                           (i)  less than 13 years of age, 25 to 35 years;                                               
20                           (ii)  13 years of age or older, 20 to 30 years;                                               
21 (B)  if the offense is a first felony conviction and the defendant                                                      
22 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
23            injury during the commission of the offense, 25 to 35 years;                                                 
24 (C)  if the offense is a second felony conviction and does not                                                          
25            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
26 (D)  if the offense is a second felony conviction and the                                                               
27            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
28 (E)  if the offense is a third felony conviction and the defendant                                                      
29 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                                     
30            to 60 years;                                                                                                 
31 (F)  if the offense is a third felony conviction, the defendant is                                                      
01 not subject to sentencing under (l) of this section, and the defendant has two                                          
02            prior convictions for sexual felonies, 99 years;                                                             
03 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(1),                                                     
04 [AS 11.41.455(c)(2), ONLINE] enticement of a minor under AS 11.41.452(e), or                                            
05 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual                               
06 abuse of a minor in the first degree, or sex trafficking in the first degree under                                      
07 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more                                      
08 than 99 years and shall be sentenced to a definite term within the following                                            
09       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
10 (A)  if the offense is a first felony conviction, the offense does                                                      
11 not involve circumstances described in (B) of this paragraph, and the victim                                            
12            was                                                                                                          
13                           (i)  under 13 years of age, 20 to 30 years;                                                   
14                           (ii)  13 years of age or older, 15 to 30 years;                                               
15 (B)  if the offense is a first felony conviction and the defendant                                                      
16 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
17            injury during the commission of the offense, 25 to 35 years;                                                 
18 (C)  if the offense is a second felony conviction and does not                                                          
19            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
20 (D)  if the offense is a second felony conviction and the                                                               
21            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
22 (E)  if the offense is a third felony conviction, the offense does                                                      
23 not involve circumstances described in (F) of this paragraph, and the defendant                                         
24            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
25 (F)  if the offense is a third felony conviction, the defendant is                                                      
26 not subject to sentencing under (l) of this section, and the defendant has two                                          
27            prior convictions for sexual felonies, 99 years;                                                             
28 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                                
29 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), indecent                                       
30 exposure in the first degree under AS 11.41.458(b)(2) [UNLAWFUL                                                     
31 EXPLOITATION OF A MINOR UNDER AS 11.41.455(c)(1)], or distribution of                                                   
01 child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of                                       
02 imprisonment of not more than 99 years and shall be sentenced to a definite term                                        
03 within the following presumptive ranges, subject to adjustment as provided in                                           
04       AS 12.55.155 - 12.55.175:                                                                                         
05                      (A)  if the offense is a first felony conviction, five to 15 years;                                
06                      (B)  if the offense is a second felony conviction and does not                                     
07            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
08                      (C)  if the offense is a second felony conviction and the                                          
09            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
10 (D)  if the offense is a third felony conviction and does not                                                           
11            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
12 (E)  if the offense is a third felony conviction and the defendant                                                      
13            has two prior convictions for sexual felonies, 99 years;                                                     
14 (4)  sexual assault in the third degree, sexual abuse of a minor in the                                             
15 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree                                   
16 under AS 11.41.458(b)(1), indecent viewing or production of a picture under                                         
17 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child                                   
18 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to                                        
19 commit sexual assault in the second degree, sexual abuse of a minor in the second                                       
20 degree, unlawful exploitation of a minor, or distribution of child pornography, may be                                  
21 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
22 sentenced to a definite term within the following presumptive ranges, subject to                                        
23       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
24 (A)  if the offense is a first felony conviction and does not                                                       
25 involve the circumstances described in (B) or (C) of this paragraph, two to                                         
26            12 years;                                                                                                    
27 (B)  if the offense is a first felony conviction under                                                              
28 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of                                           
29            this paragraph, four to 12 years;                                                                        
30 (C)  if the offense is a first felony conviction under                                                              
31 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or                                            
01            create a mechanism for multi-party sharing or distribution of child                                      
02            pornography, or received a financial benefit or had a financial interest in                              
03            a child pornography sharing or distribution mechanism, six to 14 years;                                  
04                      (D)  if the offense is a second felony conviction and does not                                 
05            involve circumstances described in (E) [(C)] of this paragraph, eight to 15                              
06            years;                                                                                                       
07                      (E) [(C)]  if the offense is a second felony conviction and the                                
08            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
09                      (F) [(D)]  if the offense is a third felony conviction and does not                            
10 involve circumstances described in (G) [(E)] of this paragraph, 15 to 25 years;                                     
11 (G) [(E)]  if the offense is a third felony conviction and the                                                      
12            defendant has two prior convictions for sexual felonies, 99 years.                                           
13    * Sec. 78. AS 12.55.125(q) is amended to read:                                                                     
14 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
15 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
16 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
17 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
18 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
19 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
20 imprisonment of two years and a minimum period of probation supervision of five                                         
21 years for conviction of a class C felony. The period of probation is in addition to any                                 
22 sentence received under (i) of this section and may not be suspended or reduced.                                    
23 Upon a defendant's release from confinement in a correctional facility, the                                         
24 defendant is subject to the probation requirement under this subsection and shall                                   
25       submit and comply with the terms and requirements of the probation.                                           
26    * Sec. 79. AS 12.55.135(a) is amended to read:                                                                     
27 (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                               
28       definite term of imprisonment of not more than                                                                    
29                 [(1)]  one year [, IF THE                                                                               
30 (A)  CONVICTION IS FOR A CRIME WITH A                                                                                   
31 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE                                                                     
01            IMPRISONMENT;                                                                                                
02 (B)  TRIER OF FACT FINDS THE AGGRAVATING                                                                                
03 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS                                                                    
04 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE                                                                          
05            DEFINITION OF THE OFFENSE;                                                                                   
06 (C)  DEFENDANT HAS PAST CRIMINAL CONVICTIONS                                                                            
07 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS                                                                   
08 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE                                                                      
09            OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;                                                          
10 (D)  CONVICTION IS FOR AN ASSAULT IN THE FOURTH                                                                         
11            DEGREE UNDER AS 11.41.230; OR                                                                                
12                      (E)  CONVICTION IS FOR A VIOLATION OF                                                              
13                           (i)  AS 11.41.427;                                                                            
14                           (ii)  AS 11.41.440;                                                                           
15 (iii)  AS 11.41.460, IF THE INDECENT EXPOSURE                                                                           
16                 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;                                                               
17                           (iv)  AS 11.61.116(c)(2); OR                                                                  
18                           (v)  AS 11.61.118(a)(2);                                                                      
19                 (2)  30 DAYS].                                                                                          
20    * Sec. 80. AS 12.55.135(b) is amended to read:                                                                     
21 (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                               
22       definite term of imprisonment of not more than 90                                                             
23 [(1)  10] days unless otherwise specified in the provision of law                                                       
24       defining the offense [OR IN THIS SECTION;                                                                         
25                 (2)  90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                    
26 (A)  AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS                                                                      
27            OF AGE OR OLDER; OR                                                                                          
28 (B)  AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF                                                                   
29            AGE OR OLDER; OR                                                                                             
30 (3)  FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                                  
31       AS 11.56.757].                                                                                                    
01    * Sec. 81. AS 12.55.145(a) is amended to read:                                                                     
02            (a)  For purposes of considering prior convictions in imposing sentence under                                
03                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
04 (A)  a prior conviction may not be considered if a period of 10                                                         
05 or more years has elapsed between the date of the defendant's unconditional                                             
06 discharge on the immediately preceding offense and commission of the present                                            
07            offense unless the prior conviction was for an unclassified or class A felony;                               
08                      (B)  a conviction in this or another jurisdiction of an offense                                    
09            having elements similar to those of a felony defined as such under Alaska law                                
10 at the time the offense was committed is considered a prior felony conviction;                                          
11 (C)  two or more convictions arising out of a single, continuous                                                        
12 criminal episode during which there was no substantial change in the nature of                                          
13 the criminal objective are considered a single conviction unless the defendant                                          
14 was sentenced to consecutive sentences for the crimes; offenses committed                                               
15 while attempting to escape or avoid detection or apprehension after the                                                 
16 commission of another offense are not part of the same criminal episode or                                              
17            objective;                                                                                                   
18                 (2)  AS 12.55.125(l),                                                                                   
19 (A)  a conviction in this or another jurisdiction of an offense                                                         
20 having elements similar to those of a most serious felony is considered a prior                                         
21            most serious felony conviction;                                                                              
22 (B)  commission of and conviction for offenses relied on as                                                             
23 prior most serious felony offenses must occur in the following order:                                                   
24 conviction for the first offense must occur before commission of the second                                             
25 offense, and conviction for the second offense must occur before commission                                             
26            of the offense for which the defendant is being sentenced;                                                   
27                 (3)  AS 12.55.135(g),                                                                                   
28 (A)  a prior conviction may not be considered if a period of five                                                       
29 or more years has elapsed between the date of the defendant's unconditional                                             
30 discharge on the immediately preceding offense and commission of the present                                            
31            offense unless the prior conviction was for an unclassified or class A felony;                               
01 (B)  a conviction in this or another jurisdiction of an offense                                                         
02 having elements similar to those of a crime against a person or a crime                                                 
03            involving domestic violence is considered a prior conviction;                                                
04 (C)  two or more convictions arising out of a single, continuous                                                        
05 criminal episode during which there was no substantial change in the nature of                                          
06 the criminal objective are considered a single conviction unless the defendant                                          
07 was sentenced to consecutive sentences for the crimes; offenses committed                                               
08 while attempting to escape or avoid detection or apprehension after the                                                 
09 commission of another offense are not part of the same criminal episode or                                              
10            objective;                                                                                                   
11                 (4)  AS 12.55.125(i),                                                                                   
12 (A)  a conviction in this or another jurisdiction of an offense                                                         
13 having elements similar to those of a sexual felony is a prior conviction for a                                         
14            sexual felony;                                                                                               
15 (B)  a felony conviction in another jurisdiction making it a                                                            
16 crime to commit any lewd and lascivious act on [UPON] a child under the age                                         
17 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual                                        
18            desires of the defendant or the victim is a prior conviction for a sexual felony;                            
19 (C)  two or more convictions arising out of a single, continuous                                                        
20 criminal episode during which there was no substantial change in the nature of                                          
21 the criminal objective are considered a single conviction unless the defendant                                          
22 was sentenced to consecutive sentences for the crimes; offenses committed                                               
23 while attempting to escape or avoid detection or apprehension after the                                                 
24 commission of another offense are not part of the same criminal episode or                                              
25            objective;                                                                                                   
26 (D)  a conviction in this or another jurisdiction of an offense                                                     
27 having elements similar to those of a felony defined as such under Alaska                                           
28 law at the time the offense was committed is considered a prior felony                                              
29            conviction                                                                                               
30                 [(5)  AS 12.55.135(a),                                                                                  
31 (A)  A PRIOR CONVICTION MAY NOT BE CONSIDERED                                                                           
01 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN                                                                   
02 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE                                                                     
03 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION                                                                     
04 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS                                                                  
05            FOR AN UNCLASSIFIED OR CLASS A FELONY;                                                                       
06 (B)  A CONVICTION IN THIS OR ANOTHER                                                                                    
07 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO                                                                   
08 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH                                                                        
09 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS                                                                            
10            COMMITTED IS CONSIDERED A PRIOR CONVICTION;                                                                  
11 (C)  TWO OR MORE CONVICTIONS ARISING OUT OF A                                                                           
12 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE                                                                  
13 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE                                                                          
14 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION                                                                   
15 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE                                                                       
16 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE                                                                      
17 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR                                                                              
18 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE                                                                    
19            ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE].                                                     
20    * Sec. 82. AS 12.55.185(10) is amended to read:                                                                    
21                 (10)  "most serious felony" means                                                                       
22 (A)  arson in the first degree, sex trafficking in the first degree                                                     
23 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under                                                          
24 AS 11.41.452(e), or any unclassified or class A felony prescribed under                                                 
25            AS 11.41; or                                                                                                 
26 (B)  an attempt, or conspiracy to commit, or criminal                                                                   
27 solicitation under AS 11.31.110 of, an unclassified felony prescribed under                                             
28            AS 11.41;                                                                                                    
29    * Sec. 83. AS 12.55.185(16) is amended to read:                                                                    
30 (16)  "sexual felony" means sexual assault in the first degree, sexual                                                  
31 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in                            
01 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a                                  
02 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor,                                  
03 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2),                                        
04 distribution of child pornography, sexual assault in the third degree, incest, indecent                                 
05 exposure in the first degree, possession of child pornography, [ONLINE] enticement                                      
06       of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;                               
07    * Sec. 84. AS 12.61.015 is amended by adding a new subsection to read:                                             
08 (d)  The prosecuting attorney shall notify a victim of a sex offense as defined                                         
09 in AS 12.63.100 or crime involving domestic violence as defined in AS 18.66.990 if,                                     
10 before trial, the offender of the victim is discharged from a treatment program for                                     
11       noncompliance.                                                                                                    
12    * Sec. 85. AS 12.61.050 is amended by adding a new subsection to read:                                             
13 (c)  Through the automated victim notification system established in (a) of this                                        
14 section, the Department of Corrections shall notify a victim of a sex offense as defined                                
15 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of                                    
16 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and                                         
17 provide contact information for state victim resources, including the Council on                                        
18 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence                                           
19 and Sexual Assault, the Office of Victims' Rights, and the Violent Crimes                                               
20 Compensation Board. This notification must occur when the offender of the victim is                                     
21 released from incarceration or when the order under AS 12.55.015(l) expires,                                            
22       whichever is later.                                                                                             
23    * Sec. 86. AS 12.63.010(d) is amended to read:                                                                   
24            (d)  A sex offender or child kidnapper required to register                                                  
25 (1)  for 15 years under (a) of this section and AS 12.63.020                                                        
26 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under                                       
27 AS 12.63.020, on a date set by the department at the time of the sex offender's or child                                
28 kidnapper's initial registration, provide written verification to the department, in the                                
29 manner required by the department, of the sex offender's or child kidnapper's address                                   
30 and notice of any changes to the information previously provided under (b)(1) of this                                   
31       section;                                                                                                          
01 (2)  for life under (a) of this section and AS 12.63.020                                                            
02 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department,                                   
03 provide written verification to the department, in the manner required by the                                           
04 department, of the sex offender's or child kidnapper's address and any changes to the                                   
05       information previously provided under (b)(1) of this section.                                                     
06    * Sec. 87. AS 12.63.020 is amended to read:                                                                        
07            Sec. 12.63.020. Duration of sex offender or child kidnapper duty to                                        
08       register. (a) The duty of a sex offender or child kidnapper to comply with the                                  
09       requirements of AS 12.63.010 is as follows:                                                                   
10 (1)  for a sex offender or child kidnapper, as that term is defined in                                              
11       AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty                                    
12 (A) [(1)]  continues for the lifetime of a sex offender or child                                                    
13            kidnapper convicted of                                                                                       
14                           (i) [(A)]  one aggravated sex offense; or                                                 
15 (ii) [(B)]  two or more sex offenses, two or more child                                                             
16 kidnappings, or one sex offense and one child kidnapping; for purposes                                                  
17 of this section, a person convicted of indecent exposure before a person                                                
18 under 16 years of age under AS 11.41.460 more than two times has                                                        
19                 been convicted of two or more sex offenses;                                                             
20 (B) [(2)]  ends 15 years following the sex offender's or child                                                      
21 kidnapper's unconditional discharge from a conviction for a single sex offense                                          
22 that is not an aggravated sex offense or for a single child kidnapping if the sex                                       
23 offender or child kidnapper has supplied proof that is acceptable to the                                                
24 department of the unconditional discharge; the registration period under this                                           
25            subparagraph                                                                                             
26 (i)  [PARAGRAPH (A)]  is tolled for each year that a                                                                
27 sex offender or child kidnapper [(i)] fails to comply with the                                                          
28 requirements of this chapter or [; (ii)] is incarcerated for the offense or                                         
29 kidnapping for which the offender or kidnapper is required to register                                                  
30                 or for any other offense;                                                                               
31 (ii) [(B)]  may include the time a sex offender or child                                                            
01 kidnapper was absent from this state if the sex offender or child                                                       
02 kidnapper has complied with any sex offender or child kidnapper                                                         
03 registration requirements of the jurisdiction in which the offender or                                                  
04 kidnapper was located and if the sex offender or child kidnapper                                                        
05 provides the department with proof of the compliance while the sex                                                      
06                 offender or child kidnapper was absent from this state; and                                             
07 (iii) [(C)]  continues for a sex offender or child                                                                  
08 kidnapper who has not supplied proof acceptable to the department of                                                    
09 the offender's or kidnapper's unconditional discharge for the sex                                                       
10                 offense or child kidnapping requiring registration;                                                 
11 (2)  for a sex offender or child kidnapper, as that term is defined in                                              
12 AS 12.63.100(6)(B), the duty continues for the period determined by the                                             
13       department under (b) of this section.                                                                         
14            (b)  The department shall adopt, by regulation,                                                              
15                 (1)  procedures to notify a sex offender or child kidnapper                                         
16 (A)  who, on the registration form under AS 12.63.010, lists a                                                      
17 conviction for a sex offense or child kidnapping that is a violation of a former                                        
18 law of this state or a law of another jurisdiction, of the duration of the                                              
19 offender's or kidnapper's duty under (a) of this section for that sex offense or                                        
20            child kidnapping;                                                                                        
21 (B)  as that term is defined in AS 12.63.100(6)(B), of the                                                          
22 duration of the sex offender or child kidnapper's duty under (a) of this                                            
23 section; in adopting regulations under this subparagraph, the department                                            
24            shall                                                                                                    
25 (i)  consider the period of registration required in the                                                            
26                 other jurisdiction; and                                                                             
27 (ii)  provide for tolling of the registration period if                                                             
28 the sex offender or child kidnapper fails to comply with the                                                        
29                 requirements of this chapter or is incarcerated;                                                    
30 (2)  a requirement that an [. AS A PART OF THE REGULATIONS,                                                         
31 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply                                                     
01       proof acceptable to the department of unconditional discharge and the date it occurred.                           
02    * Sec. 88. AS 12.63.100(6) is amended to read:                                                                     
03                 (6)  "sex offender or child kidnapper" means                                                            
04                      (A)  a person convicted of a sex offense or child kidnapping in                                
05            this state or another jurisdiction regardless of whether the conviction occurred                             
06            before, after, or on January 1, 1999; or                                                                 
07                      (B)  a person charged and convicted as an adult of an                                          
08            offense that requires registration as a sex offender or child kidnapper in                               
09            another jurisdiction;                                                                                    
10    * Sec. 89. AS 12.63.100(7) is amended to read:                                                                     
11                 (7)  "sex offense" means                                                                                
12 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
13 another jurisdiction, in which the person committed or attempted to commit a                                            
14 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
15 this subparagraph, "sexual offense" has the meaning given in                                                            
16            AS 11.41.100(a)(3);                                                                                          
17 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
18 another jurisdiction, in which the person committed or attempted to commit                                              
19            one of the following crimes, or a similar law of another jurisdiction:                                       
20                           (i)  sexual assault in the first degree;                                                      
21                           (ii)  sexual assault in the second degree;                                                    
22                           (iii)  sexual abuse of a minor in the first degree; or                                        
23                           (iv)  sexual abuse of a minor in the second degree;                                           
24 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
25            a crime, under the following statutes or a similar law of another jurisdiction:                              
26                           (i)  AS 11.41.410 - 11.41.438;                                                                
27                           (ii)  AS 11.41.440(a)(2);                                                                     
28                           (iii)  AS 11.41.450 - 11.41.458;                                                              
29 (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                                                   
30 exposure is before a person under 16 years of age and the offender has                                                  
31                 previously been convicted under AS 11.41.460 or AS 26.05.900(c);                                        
01                           (v)  AS 11.61.125 - 11.61.128;                                                                
02                           (vi)  AS 11.66.110, 11.66.130(a)(2)(B), or                                                    
03                 AS 26.05.900(b) if the person who was induced or caused to engage in                                    
04                 prostitution was under 20 years of age at the time of the offense;                                      
05                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
06                 with the intent to commit rape under former AS 11.15.160, former                                        
07                 AS 11.40.110, or former 11.40.200;                                                                      
08                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
09                 conviction for that offense;                                                                            
10 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
11                 punishment under AS 11.66.100(e);                                                                       
12 (x)  AS 26.05.890 if the person engaged in sexual                                                                       
13                 penetration or sexual contact with the victim;                                                          
14 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                  
15 victim is under a duty to obey the lawful orders of the offender,                                                       
16 regardless of whether the offender is in the direct chain of command                                                    
17                 over the victim;                                                                                        
18 (xii)  AS 26.05.893 if the person engaged in sexual                                                                     
19                 penetration or sexual contact with the victim;                                                          
20 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                              
21                 years of age at the time of the offense; [OR]                                                           
22 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                                 
23 victim is under a duty to obey the lawful orders of the offender,                                                       
24 regardless of whether the offender is in the direct chain of command                                                    
25                 over the victim; or                                                                                     
26 (xv)  AS 11.61.123 if the offender is subject to                                                                    
27                 punishment under AS 11.61.123(f)(1) or (2);                                                         
28 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                          
29 commit an offense, under AS 26.05.935(b), or a similar law of another                                                   
30 jurisdiction, if the member of the militia commits one of the following                                                 
31 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform                                                
01            Code of Military Justice):                                                                                   
02                           (i)  child pornography; or                                                                    
03                           (ii)  pandering and prostitution if the person who is                                         
04                 induced, enticed, caused, or procured to engage in a sexual act is under                                
05                 20 years of age at the time of the offense; or                                                      
06                      (E)  an offense in which the person is required to register as                                 
07            a sex offender under the laws of another jurisdiction;                                                   
08    * Sec. 90. AS 12.70.130 is amended to read:                                                                        
09            Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be                                 
10 lawfully made by a peace officer or a private person without a warrant upon                                             
11 reasonable information that the accused stands charged in the courts of another state                                   
12 with a crime punishable by death or imprisonment for a term exceeding one year, but                                     
13 when arrested the accused must be taken before a judge or magistrate without                                            
14 unnecessary delay and, in any event, within 24 hours after arrest, absent compelling                                    
15 circumstances, including Sundays and holidays, and complaint shall be made against                                      
16 the accused under oath setting out the ground for the arrest as in AS 12.70.120. [THE                                   
17 HEARING BEFORE THE JUDGE OR MAGISTRATE MAY NOT TAKE PLACE                                                               
18 MORE THAN 48 HOURS AFTER ARREST.] Thereafter the answer of the accused                                                  
19       shall be heard as if the accused had been arrested on a warrant.                                                  
20    * Sec. 91. AS 18.65.670(a) is amended to read:                                                                     
21 (a)  There is created in the Department of Public Safety a village public safety                                        
22 officer program to assist local governments and villages through nonprofit regional                                     
23 corporations, Alaska Native organizations, or municipalities to appoint, train,                                     
24 supervise, and retain persons to serve as village public safety officers to administer                                  
25       functions relative to                                                                                             
26                 (1)  the protection of life and property in rural areas of the state; and                               
27 (2)  providing probation and parole supervision to persons under                                                        
28 supervision by communicating with and monitoring the activities and progress of these                                   
29       persons at the direction of probation and parole officers.                                                        
30    * Sec. 92. AS 18.65.670(b) is amended to read:                                                                     
31 (b)  With funds appropriated for that purpose, the commissioner of public                                               
01 safety shall provide grants to nonprofit regional corporations and Alaska Native                                    
02 organizations for village public safety officers. If a nonprofit regional corporation for                           
03 a rural area or Alaska Native organization declines a grant under this subsection, the                              
04 commissioner may provide the grant to a municipality with a population of less than                                     
05 10,000 willing to administer the grant for the rural area. Before awarding a grant to a                                 
06 municipality, the commissioner shall consult with the nonprofit regional corporation                                    
07 or Alaska Native organization that declined the grant. The commissioner of public                                   
08 safety shall coordinate with the commissioner of corrections when providing grants                                      
09 under this section, and the commissioners shall jointly execute an agreement with the                                   
10 nonprofit regional corporations, Alaska Native organizations, or municipalities, as                                 
11       appropriate.                                                                                                      
12    * Sec. 93. AS 18.65.670(c) is amended to read:                                                                     
13 (c)  The commissioner of public safety may adopt regulations related to village                                         
14 public safety officers, including minimum standards and training, criteria for                                          
15 participation by a community, a municipality, an Alaska Native organization, or a                       
16 corporation [PARTICIPATION], and the interaction between the Department of                                              
17 Public Safety and village public safety officers. Regulations adopted by the                                            
18 commissioner of public safety under this subsection may not prohibit village public                                     
19 safety officers who otherwise meet minimum standards and training from carrying                                         
20 firearms. If the commissioner of public safety adopts regulations regarding training for                                
21 village public safety officers, at a minimum, that training must include disability                                     
22 training that provides training in the subjects set out in AS 18.65.220(3). The                                         
23 commissioner of corrections may adopt regulations related to the functions of village                                   
24       public safety officers providing probation and parole supervision.                                                
25    * Sec. 94. AS 18.65.670(e) is amended to read:                                                                     
26            (e)  In this section,                                                                                        
27 (1)  "Alaska Native organization" means an organization listed in                                                   
28       AS 47.27.070(a);                                                                                              
29 (2)  "rural area" means a community with a population of less than                                                  
30       1,000 within                                                                                                      
31                      (A) [(1)]  the unorganized borough; or                                                         
01                      (B) [(2)]  a borough, if the community is not connected by road                                
02            to Anchorage or Fairbanks.                                                                                 
03    * Sec. 95. AS 28.15.161(a) is amended to read:                                                                     
04            (a)  The department shall cancel a driver's license upon determination that                                  
05                 (1)  the licensee is not medically or otherwise entitled to the issuance or                             
06       retention of the license, or has been adjudged incompetent to drive a motor vehicle;                              
07                 (2)  there is an error or defect in the license;                                                        
08                 (3)  the licensee failed to give the required or correct information in the                             
09       licensee's application;                                                                                           
10                 (4)  the license was obtained fraudulently;                                                             
11 (5)  the licensee is restricted from purchasing alcoholic beverages under                                               
12 AS 04.16.160; if a license is cancelled under this paragraph, when a new license is                                     
13 issued, it must reflect that restriction and the requirements of AS 28.15.111 if the                                    
14       period of restriction under AS 04.16.160 is still in effect; [OR]                                                 
15 (6)  the licensee has a license issued under AS 28.15.046 and has been                                                  
16 convicted of an offense described in AS 28.15.046(c) or (d) that would disqualify the                                   
17       licensee from obtaining a license under that section; or                                                      
18 (7)  the licensee owes $1,000 or more in unpaid fines for offenses                                                  
19       involving a moving motor vehicle and failed to                                                                
20                      (A)  pay the fines in full as required by the court; or                                        
21 (B)  make payments in good faith on the unpaid balance of                                                           
22            the fines under a payment plan established by the department.                                            
23    * Sec. 96. AS 28.15.291(a) is amended to read:                                                                     
24 (a)  A person commits the crime of driving while license canceled, suspended,                                           
25       revoked, or in violation of a limitation if the person drives                                                     
26 (1)  a motor vehicle on a highway or vehicular way or area at a time                                                    
27 when that person's driver's license, privilege to drive, or privilege to obtain a license                               
28 has been canceled, suspended, or revoked in this or [UNDER CIRCUMSTANCES                                            
29       DESCRIBED IN AS 28.15.181(c) OR A SIMILAR LAW IN] another jurisdiction;                                           
30 (2)  a motor vehicle on a highway or vehicular way or area at a time                                                    
31 when that person's driver's license, privilege to drive, or privilege to obtain a license                               
01       has been canceled, suspended, or revoked under circumstances other than those                                     
02       described in (1) of this subsection; or                                                                           
03                 (3)  the person drives in violation of a limitation placed on that                                  
04       person's license or privilege to drive in this or another jurisdiction.                                           
05    * Sec. 97. AS 28.15.291(b) is amended to read:                                                                     
06            (b)  Driving while license canceled, suspended, revoked, or in violation of a                                
07       limitation is                                                                                                     
08                 [(1)]  a class A misdemeanor [IF THE PERSON VIOLATES (a)(1) OF                                          
09       THIS SECTION]; upon conviction, the court shall impose a minimum sentence of                                      
10       imprisonment of not less than 10 days                                                                             
11 (1) [(A)]  with 10 days suspended if the person has not been previously                                             
12       convicted under (a) [(a)(1)] of this section or a similar law of another jurisdiction; or                     
13 (2) [(B)]  if the person has been previously convicted under (a) [(a)(1)]                                       
14       of this section or a similar law in another jurisdiction [;                                                       
15 (2)  AN INFRACTION IF THE PERSON VIOLATES (a)(2) OR (3)                                                                 
16       OF THIS SECTION].                                                                                                 
17    * Sec. 98. AS 28.35.030(k) is amended to read:                                                                     
18 (k)  Imprisonment required under (b)(1)(A) of this section shall be served at a                                     
19 community residential center or by electronic monitoring at a private residence                                     
20 under AS 33.30.065. If a community residential center or electronic monitoring at a                             
21 private residence is not available, imprisonment required under (b)(1)(A) of this                                   
22 section may [SHALL] be served at another appropriate place [A PRIVATE                                           
23 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections.                                                
24 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED                                                            
25 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A                                                           
26 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE                                                                 
27 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO                                                            
28 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a),                                                             
29 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F)                                                
30 of this section may be served at a community residential center or at a private                                         
31 residence if approved by the commissioner of corrections. Imprisonment served at a                                      
01 private residence must include electronic monitoring under AS 33.30.065 [OR, IF                                         
02 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS                                                               
03 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                             
04 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be                                  
05 paid to the state by the person being sentenced. The cost of imprisonment required to                                   
06 be paid under this subsection may not exceed $2,000. Upon the person's conviction,                                      
07 the court shall include the costs of imprisonment as a part of the judgment of                                          
08 conviction. Except for reimbursement from a permanent fund dividend as provided in                                      
09 this subsection, payment of the cost of imprisonment is not required if the court                                       
10 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
11 person as required by this subsection, the state shall seek reimbursement from the                                      
12 person's permanent fund dividend as provided under AS 43.23.140. A person                                               
13 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of                                           
14 community service work, as required by the director of the community residential                                        
15 center or other appropriate place, or as required by the commissioner of corrections if                                 
16 the sentence is being served at a private residence. In this subsection, "appropriate                                   
17 place" means a facility with 24-hour on-site staff supervision that is specifically                                     
18 adapted to provide a residence, and includes a correctional center, residential treatment                               
19 facility, hospital, halfway house, group home, work farm, work camp, or other place                                     
20       that provides varying levels of restriction.                                                                      
21    * Sec. 99. AS 28.35.030(o) is amended to read:                                                                     
22 (o)  Upon request, the department shall review a driver's license revocation                                            
23 imposed under (n)(3) of this section and, unless the revocation was ordered in a                                    
24 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
25       11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction,                                    
26                 (1)  may restore the driver's license if                                                                
27 (A)  the license has been revoked for a period of at least 10                                                           
28            years;                                                                                                       
29 (B)  the person has not been convicted of a driving-related                                                             
30 criminal offense or a felony in the 10 years preceding the request for                                              
31            restoration of [SINCE] the license [WAS REVOKED]; and                                                    
01                      (C)  the person provides proof of financial responsibility;                                        
02                 (2)  shall restore the driver's license if                                                              
03                      (A)  the person has been granted limited license privileges                                        
04            under AS 28.15.201(g) and has successfully driven under that limited license                                 
05            for three years without having the limited license privileges revoked;                                       
06                      (B)  the person has successfully completed a court-ordered                                         
07            treatment program under AS 28.35.028 or a rehabilitative treatment program                                   
08            under AS 28.15.201(h);                                                                                       
09                      (C)  the person has not been convicted of a violation of                                           
10 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                                              
11            jurisdiction since the license was revoked;                                                                  
12 (D)  the person is otherwise eligible to have the person's driving                                                      
13 privileges restored as provided in AS 28.15.211; in an application under this                                           
14 subsection, a person whose license was revoked for a violation of                                                       
15 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as                                                 
16            required under AS 28.35.030(h) or 28.35.032(l); and                                                          
17                      (E)  the person provides proof of financial responsibility.                                        
18    * Sec. 100. AS 28.35.032(o) is amended to read:                                                                    
19 (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                                         
20 community residential center or by electronic monitoring at a private residence                                     
21 [BY ELECTRONIC MONITORING] under AS 33.30.065. If a community                                                       
22 residential center or electronic monitoring at a private residence is not available,                            
23 imprisonment required under (g)(1)(A) of this section may [SHALL] be served at                                  
24 another appropriate place [A PRIVATE RESIDENCE BY OTHER MEANS AS]                                                   
25 determined by the commissioner of corrections. [A PERSON WHO IS SERVING A                                               
26 SENTENCE OF IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS                                                               
27 SECTION BY ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY                                                             
28 NOT BE SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A                                                                
29 PEACE OFFICER OR A PERSON REQUIRED TO ADMINISTER THE                                                                    
30 ELECTRONIC MONITORING UNDER AS 33.30.065(a), EXCEPT UPON                                                                
31 PROBABLE CAUSE.] Imprisonment required under (g)(1)(B) - (F) of this section                                            
01 may be served at a community residential center or at a private residence if approved                                   
02 by the commissioner of corrections. Imprisonment served at a private residence must                                     
03 include electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC                                                     
04 MONITORING IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS                                                             
05 AS DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                          
06 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be                                  
07 paid to the state by the person being sentenced. The cost of imprisonment required to                                   
08 be paid under this subsection may not exceed $2,000. Upon the person's conviction,                                      
09 the court shall include the costs of imprisonment as a part of the judgment of                                          
10 conviction. Except for reimbursement from a permanent fund dividend as provided in                                      
11 this subsection, payment of the cost of imprisonment is not required if the court                                       
12 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
13 person as required by this subsection, the state shall seek reimbursement from the                                      
14 person's permanent fund dividend as provided under AS 43.23.140. A person                                               
15 sentenced under (g)(1)(B) of this section shall perform at least 160 hours of                                           
16 community service work, as required by the director of the community residential                                        
17 center or other appropriate place, or as required by the commissioner of corrections if                                 
18 the sentence is being served at a private residence. In this subsection, "appropriate                                   
19 place" means a facility with 24-hour on-site staff supervision that is specifically                                     
20 adapted to provide a residence, and includes a correctional center, residential treatment                               
21 facility, hospital, halfway house, group home, work farm, work camp, or other place                                     
22       that provides varying levels of restriction.                                                                      
23    * Sec. 101. 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 driving-related criminal                                              
31 offense or a felony in the 10 years preceding the request for restoration of                                        
01       [SINCE] the license [WAS REVOKED]; and                                                                            
02                 (3)  the person provides proof of financial responsibility.                                             
03    * Sec. 102. AS 28.35 is amended by adding a new section to read:                                                   
04            Sec. 28.35.191. Failure to use headlights. (a) A person commits the offense                                
05       of failure to use headlights if the person operates a motor vehicle without the use of                            
06       motor vehicle headlights                                                                                          
07                 (1)  between one half-hour after sunset and one half-hour before                                        
08       sunrise; or                                                                                                       
09                 (2)  at any other time when, because of insufficient light or other                                     
10 atmospheric conditions, persons or motor vehicles are not clearly discernible at a                                      
11       distance of 1,000 feet.                                                                                           
12 (b)  A person operating a motor vehicle may not be required to use motor                                                
13       vehicle headlights except as required in (a) of this section.                                                     
14            (c)  Failure to use headlights is an infraction.                                                             
15    * Sec. 103. AS 33.05.010 is amended to read:                                                                       
16 Sec. 33.05.010. Powers of commissioner. The commissioner shall administer                                             
17 a probation system, [AND] enforce the probation laws in the superior court, and                                 
18 provide supervision of defendants released while awaiting trial as ordered by the                                   
19       court.                                                                                                        
20    * Sec. 104. AS 33.05.020(h) is amended to read:                                                                    
21 (h)  The commissioner shall establish by regulation a program that entitles a                                       
22 probationer to a deduction of one-third of the period of probation, rounded off to                                  
23 the nearest day, for compliance [ALLOWING PROBATIONERS TO EARN                                                      
24 CREDITS FOR COMPLYING] with the conditions of probation and for loss of the                                         
25 deduction for noncompliance with the conditions [THE CREDITS EARNED                                                 
26 REDUCE THE PERIOD OF PROBATION]. Nothing in this subsection prohibits the                                               
27 department from recommending to the court the early discharge of the probationer as                                     
28       provided in AS 33.30. At a minimum, the regulations must                                                          
29 (1)  [REQUIRE THAT A PROBATIONER EARN A CREDIT OF 30                                                                    
30 DAYS FOR EACH 30-DAY PERIOD SERVED IN WHICH THE DEFENDANT                                                               
31       COMPLIED WITH THE CONDITIONS OF PROBATION;                                                                        
01                 (2)]  include policies and procedures for                                                               
02                      (A)  calculating and tracking credits earned by probationers;                                      
03                      (B)  reducing the probationer's period of probation based on the                               
04            probationer's compliance with the conditions of probation [CREDITS                                       
05            EARNED BY THE PROBATIONER]; and                                                                              
06                      (C)  notifying a victim under AS 33.30.013;                                                        
07 (2) [(3)]  require that a probationer convicted of a [SEX OFFENSE AS                                                
08 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in                                           
09 as 18.66.990 complete all treatment programs required as a condition of probation                                       
10       before discharge based on credits earned under this subsection.                                                   
11    * Sec. 105. AS 33.05.020 is amended by adding new subsections to read:                                             
12 (i)  A probationer may not be enrolled in the program established under (h) of                                          
13       this section if the probationer is on probation 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 (j)  The commissioner shall appoint and make available to the superior court                                            
20 and district court qualified pretrial services officers under AS 33.05.040(a)(11) and                                   
21 assign pretrial services officers to each judicial district for the supervision of                                      
22       defendants released while awaiting trial as ordered by the court.                                                 
23 (k)  The commissioner may, in accordance with AS 36.30, procure and enter                                               
24 into agreements or contracts for the supervision of defendants on electronic                                            
25       monitoring during the pretrial period.                                                                            
26    * Sec. 106. AS 33.05.030(a) is amended to read:                                                                    
27 (a)  All probation officers made available to the courts under this chapter shall                                       
28 be officers of the superior and district courts [COURT] and subject to the authority                                
29       of the superior and district courts [COURT].                                                                  
30    * Sec. 107. AS 33.05.040(a) is amended to read:                                                                    
31            (a)  A probation officer shall                                                                               
01                 (1)  furnish to each probationer under the supervision of the officer a                                 
02       written statement of the conditions of probation and shall instruct the probationer                               
03       regarding the same;                                                                                               
04                 (2)  keep informed concerning the conduct and condition of each                                         
05       probationer under the supervision of the officer and shall report on the probationer to                           
06       the court placing that person on probation;                                                                       
07                 (3)  use all suitable methods, not inconsistent with the conditions                                     
08       imposed by the court, to aid probationers and to bring about improvements in their                                
09       conduct and condition;                                                                                            
10 (4)  keep records of the probation work, including administrative                                                       
11 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep                                      
12 accurate and complete accounts of all money collected from persons under the                                            
13 supervision of the officer, give receipts for money collected and make at least monthly                                 
14 returns of it, make the reports to the court and the commissioner required by them, and                                 
15       perform other duties the court may direct;                                                                        
16 (5)  perform duties with respect to persons on parole as the                                                            
17       commissioner shall request, and in that service shall be termed a parole officer;                                 
18 (6)  use administrative sanctions and incentives developed under                                                        
19 AS 33.05.020(g) to respond to a probationer's negative and positive behavior [,                                         
20 INCLUDING RESPONSES TO TECHNICAL VIOLATIONS OF CONDITIONS OF                                                            
21 PROBATION,] in a way that is intended to interrupt negative behavior in a swift,                                        
22 certain, and proportional manner and support progress with a recognition of positive                                    
23       behavior;                                                                                                         
24 (7)  upon determining that a probationer under the supervision of the                                                   
25 officer meets the requirements of AS 12.55.090(g), consider recommending                                            
26 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be                                                     
27       terminated and the probationer be discharged from probation;                                                      
28 (8)  for each probationer who owes restitution and who is under the                                                     
29 supervision of the officer, create a restitution payment schedule based on the                                          
30 probationer's income and ability to pay if the court has not already set a restitution                                  
31       payment schedule;                                                                                                 
01 (9)  accommodate the diligent efforts of each probationer to secure and                                                 
02 maintain steady employment or to participate in educational courses or training                                         
03       programs when prescribing the times at which a probationer shall report;                                          
04 (10)  permit each probationer to travel in the state to make diligent                                                   
05 efforts to secure and maintain steady employment or to participate in educational                                       
06 courses or training programs if the travel is not inconsistent with other terms and                                     
07       conditions of probation;                                                                                      
08 (11)  perform duties with respect to persons on pretrial release as                                                 
09 the commissioner requests; in that service, the probation officer shall be                                          
10 considered to be acting as a pretrial services officer for the purposes of                                          
11       AS 33.05.045;                                                                                                 
12 (12)  report on the probationer by making a recommendation to                                                       
13 the court to revoke probation or to maintain existing probation conditions when                                     
14       a petition to revoke probation is filed.                                                                      
15    * Sec. 108. AS 33.05 is amended by adding a new section to read:                                                   
16 Sec. 33.05.045. Duties of probation officers when acting as pretrial services                                         
17       officers. A probation officer acting as a pretrial services officer shall                                       
18 (1)  upon order of the court and request by the commissioner, supervise                                                 
19 a defendant released while awaiting trial, which may include the supervision of                                         
20       electronic monitoring;                                                                                            
21 (2)  conduct a pretrial risk assessment using an instrument approved by                                                 
22 the commissioner for all defendants detained in custody in a correctional facility                                      
23 following arrest and for any defendant for whom the prosecution requests to have a                                      
24       pretrial risk assessment at the next hearing or arraignment;                                                      
25 (3)  if the probation officer acting as a pretrial services officer has                                                 
26 probable cause to believe the defendant has committed an offense under AS 11.56.730                                     
27 or 11.56.757 or has violated the defendant's release conditions, file a complaint with                                  
28       the court and                                                                                                     
29 (A)  arrest, with or without a warrant, a defendant who has been                                                        
30            released while awaiting trial; or                                                                            
31 (B)  request the court to issue a warrant related to any violation                                                      
01            of the defendant's release conditions;                                                                       
02 (4)  refer interested defendants for substance abuse screening,                                                         
03 assessment, and treatment on a voluntary basis and assist any defendant whose offense                                   
04 or criminal history identified a dependency on, abuse of, or addiction to alcohol or                                    
05 controlled substances with accessing and obtaining appropriate treatment in the                                         
06       community to address those needs.                                                                                 
07    * Sec. 109. AS 33.16.010(c) is amended to read:                                                                    
08            (c)  Except as provided in (g) of this section, a [A] prisoner who is not                                
09       eligible for special medical or discretionary parole, or who is not released on special                           
10 medical or discretionary parole, shall be released on mandatory parole for the term of                                  
11 good time deductions credited under AS 33.20, if the term or terms of imprisonment                                      
12       are two years or more.                                                                                            
13    * Sec. 110. AS 33.16.010 is amended by adding a new subsection to read:                                            
14 (g)  A prisoner is not eligible for mandatory parole if the prisoner has been                                           
15       convicted of a crime under AS 11.41.100, 11.41.110, or AS 11.41.120.                                              
16    * Sec. 111. AS 33.16.060(a) is amended to read:                                                                    
17            (a)  The board shall                                                                                         
18                 (1)  serve as the parole authority for the state;                                                       
19 (2)  upon receiving a prisoner's application, consider the suitability                                              
20 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary                              
21 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF                                                     
22 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR]                                                         
23       special medical parole;                                                                                           
24 (3)  impose parole conditions on all prisoners released under special                                                   
25       medical, discretionary, or mandatory parole;                                                                      
26 (4)  under AS 33.16.210, discharge a person from parole when custody                                                    
27       is no longer required;                                                                                            
28                 (5)  maintain records of the meetings and proceedings of the board;                                     
29 (6)  recommend to the governor and the legislature changes in the law                                                   
30       administered by the board;                                                                                        
31 (7)  recommend to the governor or the commissioner changes in the                                                       
01       practices of the department and of other departments of the executive branch                                      
02       necessary to facilitate the purposes and practices of parole;                                                     
03                 (8)  upon request of the governor, review and recommend applicants                                      
04       for executive clemency; and                                                                                       
05                 (9)  execute other responsibilities prescribed by law.                                                  
06    * Sec. 112. AS 33.16.090(a) is amended to read:                                                                    
07            (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                  
08       days may, in the discretion of the board, be released on discretionary parole if the                              
09       prisoner                                                                                                          
10 (1)  has served the amount of time specified under (b) of this section,                                                 
11       except that                                                                                                       
12 (A)  a prisoner sentenced to one or more mandatory 99-year                                                              
13 terms under AS 12.55.125(a) or one or more definite terms under                                                         
14            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
15 (B)  a prisoner is not eligible for consideration of discretionary                                                      
16            parole if made ineligible by order of a court under AS 12.55.115;                                            
17 (C)  a prisoner imprisoned under AS 12.55.086 is not eligible                                                           
18 for discretionary parole unless the actual term of imprisonment is more than                                            
19            one year;                                                                                                    
20 (D)  a prisoner sentenced to a single sentence within or                                                            
21 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3)                                          
22 and (4), or (i) who has not been allowed by the three-judge panel under                                             
23 AS 12.55.175 to be considered for discretionary parole release is not                                               
24            eligible for consideration of discretionary parole;                                                      
25 (E)  a prisoner sentenced to a single sentence, including a                                                         
26 consecutive or partially consecutive sentence, that is not eligible for a good                                      
27 time deduction under AS 33.20.010(a)(3) and that has not been allowed by                                            
28 the three-judge panel under AS 12.55.175 to be considered for                                                       
29 discretionary parole release is not eligible for consideration of                                                   
30            discretionary parole; or                                                                                 
31 (2)  is at least 60 years of age, has served at least 10 years of a sentence                                            
01       for one or more crimes in a single judgment, and has not been convicted of an                                     
02       unclassified felony or a sexual felony as defined in AS 12.55.185.                                                
03    * Sec. 113. AS 33.16.090(b) is amended to read:                                                                    
04            (b)  A prisoner eligible under (a)(1) of this section who is sentenced                                       
05                 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                       
06       released on discretionary parole until the prisoner has served the mandatory minimum                              
07       term under AS 12.55.125(a) or (b),                                                                                
08                      (A)  two-thirds of the active term of imprisonment imposed,                                  
09            or any term set under AS 12.55.115, whichever is greatest, for a conviction                              
10            under AS 11.41.100, 11.41.110, or 11.41.120;                                                             
11 (B)  one-half [ONE-THIRD] of the active term of                                                                   
12 imprisonment imposed, or any term set under AS 12.55.115, whichever is                                                  
13            greatest, for a conviction for an offense not listed in (A) of this paragraph;                           
14 (2)  [TO A SINGLE SENTENCE WITHIN OR BELOW A                                                                            
15 PRESUMPTIVE RANGE SET OUT IN AS 12.55.125(i)(1) AND (2), AND HAS                                                        
16 NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER AS 12.55.175                                                            
17 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, MAY NOT                                                              
18 BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE PRISONER HAS                                                              
19 SERVED THE TERM IMPOSED, LESS GOOD TIME EARNED UNDER                                                                    
20       AS 33.20.010;                                                                                                     
21 (3)]  to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and                                          
22 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under                                  
23 AS 12.55.175 to be considered for discretionary parole release during the second half                                   
24       of the sentence, may not be released on discretionary parole until                                                
25 (A)  the prisoner has served that portion of the active term of                                                         
26            imprisonment required by the three-judge panel; and                                                          
27 (B)  in addition to the factors set out in AS 33.16.100(a), the                                                         
28            board determines that                                                                                        
29 (i)  the prisoner has successfully completed all                                                                        
30 rehabilitation programs ordered by the three-judge panel that were                                                      
31                 made available to the prisoner; and                                                                     
01                           (ii)  the prisoner would not constitute a danger to the                                       
02                 public if released on parole;                                                                           
03                 (3) [(4)]  to a single enhanced sentence under AS 12.55.155(a) that is                              
04       above the applicable presumptive range may not be released on discretionary parole                                
05       until the prisoner has served the greater of the following:                                                       
06                      (A)  an amount of time, less good time earned under                                                
07            AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                
08            of the amount of time above the presumptive range; or                                                        
09                      (B)  any term set under AS 12.55.115;                                                              
10 (4) [(5)]  to a single sentence under any other provision of law may not                                            
11 be released on discretionary parole until the prisoner has served at least one-fourth of                                
12 the active term of imprisonment, any mandatory minimum sentence imposed under                                           
13       any provision of law, or any term set under AS 12.55.115, whichever is greatest;                                  
14 (5) [(6)]  to concurrent sentences may not be released on discretionary                                             
15       parole until the prisoner has served the greatest of                                                              
16 (A)  any mandatory minimum sentence or sentences imposed                                                                
17            under any provision of law;                                                                                  
18                      (B)  any term set under AS 12.55.115; or                                                           
19 (C)  the amount of time that is required to be served under (1) -                                                   
20 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary                                  
21            crime, had that been the only sentence imposed;                                                              
22 (6) [(7)]  to consecutive or partially consecutive sentences may not be                                             
23       released on discretionary parole until the prisoner has served the greatest of                                    
24 (A)  the composite total of any mandatory minimum sentence or                                                           
25            sentences imposed under any provision of law, including AS 12.55.127;                                        
26                      (B)  any term set under AS 12.55.115; or                                                           
27 (C)  the amount of time that is required to be served under (1) -                                                   
28 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary                                  
29 crime, had that been the only sentence imposed, plus one-quarter of the                                                 
30 composite total of the active term of imprisonment imposed as consecutive or                                            
31 partially consecutive sentences imposed for all crimes other than the primary                                           
01            crime;                                                                                                       
02 (7) [(8)]  to a single sentence under AS 12.55.125(d) for an offense                                            
03 under AS 11.71.030(a)(2) or (9) [AS 12.55.125(i)(3) AND (4)], and has not been                                      
04 allowed by the three-judge panel under AS 12.55.175 to be considered for                                                
05 discretionary parole release, may not be released on discretionary parole until the                                     
06 prisoner has served [, AFTER A DEDUCTION FOR GOOD TIME EARNED                                                           
07       UNDER AS 33.20.010,] one-half of the active term of imprisonment imposed.                                         
08    * Sec. 114. AS 33.16.100(a) is amended to read:                                                                    
09            (a)  The board may authorize the release of a prisoner [CONVICTED OF AN                                      
10 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and                                                   
11 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability                                    
12       exists that                                                                                                       
13 (1)  the prisoner will live and remain at liberty without violating any                                                 
14       laws or conditions imposed by the board;                                                                          
15 (2)  the prisoner's rehabilitation and reintegration into society will be                                               
16       furthered by release on parole;                                                                                   
17 (3)  the prisoner will not pose a threat of harm to the public if released                                              
18       on parole; and                                                                                                    
19 (4)  release of the prisoner on parole would not diminish the                                                           
20       seriousness of the crime.                                                                                         
21    * Sec. 115. AS 33.16.100 is amended by adding a new subsection to read:                                            
22 (h)  If the board considers an application for discretionary parole and denies                                          
23 parole because the prisoner does not meet the standards in (a) or (g) of this section, the                              
24 board may make the prisoner ineligible for further consideration of discretionary                                       
25 parole or require that additional time be served before the prisoner is again eligible for                              
26       consideration for discretionary parole.                                                                           
27    * Sec. 116. AS 33.16.130(a) is repealed and reenacted to read:                                                     
28 (a)  A prisoner eligible for discretionary parole may apply to the board for                                            
29 discretionary parole. As part of the application for parole, the prisoner shall submit to                               
30 the board a parole release plan that includes information concerning the prisoner's plan                                
31       for employment, residence, and rehabilitation if released on parole.                                              
01    * Sec. 117. AS 33.16.130(b) is amended to read:                                                                    
02 (b)  Before the board determines a prisoner's suitability for discretionary                                         
03 parole, the prisoner is entitled to a hearing before the board. The commissioner or                                 
04 the commissioner's designee shall furnish to the prisoner a copy of the preparole                                       
05 reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all                                    
06 records that the board will consider in making its decision except those that are made                                  
07 confidential by law. The prisoner may also respond in writing to all materials the                                      
08       board considers, be present at the hearing, and present evidence to the board.                                    
09    * Sec. 118. AS 33.16.170 is amended by adding a new subsection to read:                                            
10 (d)  Except for portions containing personal medical, mental health, or                                                 
11 substance abuse treatment information or information that is otherwise required to be                                   
12 kept confidential by state or federal law, decisions of the board, orders for parole, and                               
13 parole conditions imposed by the board are not confidential. The board shall post all                                   
14 decisions, orders of parole, and conditions imposed on a publicly available Internet                                    
15       website with any confidential portions redacted.                                                                  
16    * Sec. 119. AS 33.16.190 is amended to read:                                                                       
17 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and                                                        
18 probation officers. An officer appointed by the commissioner under AS 33.05.020(a)                                    
19 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or                                  
20       this chapter.                                                                                                     
21    * Sec. 120. AS 33.16.210(c) is amended to read:                                                                    
22 (c)  At the discretion of a parole officer, a [A] parole officer may [SHALL]                                    
23       recommend to the board early discharge for a parolee who                                                          
24                 (1)  has completed at least one year on parole;                                                         
25 (2)  has completed all treatment programs required as a condition of                                                    
26       parole;                                                                                                           
27 (3)  is currently in compliance with all conditions of parole for all                                               
28 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN                                               
29 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST                                                             
30       ONE YEAR]; and                                                                                                    
31                 (4)  has not been convicted of                                                                          
01                      (A)  an unclassified felony offense under AS 11;                                                   
02                      (B)  a sexual felony as defined in AS 12.55.185; or                                                
03                      (C)  a crime involving domestic violence as defined in                                             
04            AS 18.66.990.                                                                                                
05    * Sec. 121. AS 33.16.220(b) is amended to read:                                                                    
06 (b)  Except as provided in (e) of this section, within 15 working days after the                                        
07 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER                                   
08 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its                                                        
09 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its                                 
10 designee shall determine if there is probable cause to believe that the parolee violated                                
11 the conditions of parole and, when probable cause exists, whether the parolee should                                    
12 be released pending a final revocation hearing. A finding of probable cause at a                                        
13 preliminary hearing in a criminal case is conclusive proof of probable cause that a                                     
14       parole violation occurred.                                                                                        
15    * Sec. 122. AS 33.16.220(i) is amended to read:                                                                    
16 (i)  If, after the final revocation hearing, the board finds that the parolee has                                       
17 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                                  
18 ordinance, the board may revoke all or a portion of the remaining period of parole                                      
19 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition                                                
20 of parole. A parolee's period of parole is tolled from the date of filing with the parole                               
21 board of a violation report until the date of the final revocation hearing [FOR                                     
22 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE                                                                 
23 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE                                                                   
24 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE                                                       
25 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE                                                                    
26 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE                                                                
27 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN                                                                 
28       TOLLED AS DESCRIBED IN THIS SECTION].                                                                             
29    * Sec. 123. AS 33.16.270 is amended to read:                                                                       
30 Sec. 33.16.270. Compliance [EARNED COMPLIANCE] credits. The                                                         
31 commissioner shall establish by regulation a program that entitles a parolee to a                                   
01 deduction of one-third of the period of parole, rounded off to the nearest day, for                                 
02 compliance [ALLOWING PAROLEES TO EARN CREDITS FOR COMPLYING]                                                        
03 with the conditions of parole and for loss of the deduction for noncompliance with                                  
04 the conditions [THE EARNED COMPLIANCE CREDITS REDUCE THE PERIOD                                                     
05 OF PAROLE]. Nothing in this section prohibits the department from recommending                                          
06 to the board the early discharge of the parolee as provided in this chapter. At a                                       
07       minimum, the regulations must                                                                                     
08 (1)  [REQUIRE THAT A PAROLEE EARN A CREDIT OF 30 DAYS                                                                   
09 FOR EACH 30-DAY PERIOD SERVED IN WHICH THE PAROLEE COMPLIED                                                             
10       WITH THE CONDITIONS OF PAROLE;                                                                                    
11                 (2)]  include policies and procedures for                                                               
12                      (A)  calculating and tracking credits earned by parolees;                                          
13 (B)  reducing the parolee's period of parole based on the                                                           
14 parolee's compliance with the conditions of parole; [CREDITS EARNED                                                 
15            BY THE PAROLEE] and                                                                                          
16                      (C)  notifying a victim under AS 33.30.013;                                                    
17 (2) [(3)]  require that a parolee convicted of a [SEX OFFENSE AS                                                    
18 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence, as defined in                                      
19 AS 18.66.990, complete all treatment programs required as a condition of parole                                     
20       before discharge based on credits earned under this section.                                                      
21    * Sec. 124. AS 33.16.270 is amended by adding a new subsection to read:                                            
22 (b)  A parolee may not earn credits under (a) of this section if the parolee is on                                      
23       parole for                                                                                                        
24                 (1)  an unclassified felony;                                                                            
25                 (2)  a sex offense as defined in AS 12.63.100;                                                          
26                 (3)  a felony crime against a person under AS 11.41;                                                    
27 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                                   
28       that is an offense under AS 11.41.                                                                                
29    * Sec. 125. AS 33.20.010(a) is amended to read:                                                                    
30 (a)  Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner                                                 
31 convicted of an offense against the state or a political subdivision of the state and                                   
01 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction                                  
02 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner                                 
03 follows the rules of the correctional facility in which the prisoner is confined. A                                     
04       prisoner is not eligible for a good time deduction if the prisoner has been sentenced                             
05                 (1)  to a mandatory 99-year term of imprisonment under                                                  
06       AS 12.55.125(a) after June 27, 1996;                                                                              
07                 (2)  to a definite term under AS 12.55.125(l);                                                          
08                 (3)  for a sexual felony under AS 12.55.125(i)                                                          
09                      (A)  and has one or more prior sexual felony convictions as                                        
10            determined under AS 12.55.145(a)(4); or                                                                      
11                      (B)  that is an unclassified or a class A felony; [OR]                                             
12                 (4)  for an unclassified felony under AS 11.41.100 or 11.41.110; or                                 
13 (5)  for a class A felony under AS 11.41.120 [TO A DEFINITE                                                         
14 TERM OF IMPRISONMENT OF NOT MORE THAN 10 DAYS FOR A                                                                     
15       TECHNICAL VIOLATION OF AS 12.55.110(c) OR AS 33.16.215].                                                        
16    * Sec. 126. AS 33.20.010(c) is repealed and reenacted to read:                                                     
17 (c)  A prisoner may not be awarded a good time deduction under (a) of this                                              
18 section for any period spent in a treatment program, in a private residence, or on                                      
19       electronic monitoring.                                                                                            
20    * Sec. 127. AS 34.03.360(7) is amended to read:                                                                    
21 (7)  "illegal activity involving a controlled substance" means a violation                                              
22 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) -                               
23       (8)], or 11.71.040(a)(1), (2), or (5);                                                                            
24    * Sec. 128. AS 44.19.645(g) is amended to read:                                                                    
25 (g)  The Department of Corrections shall report quarterly to the working group                                          
26 authorized in (b)(3) of this section. The report shall include the following information:                               
27 (1)  data on pretrial decision making and outcomes, including                                                           
28 information on pretrial detainees admitted for a new criminal charge; detainees                                         
29 released at any point before case resolution; time spent detained before first release or                               
30 case resolution; pretrial defendant risk level and charge; [PRETRIAL RELEASE                                            
31 RECOMMENDATIONS MADE BY PRETRIAL SERVICES OFFICERS;] pretrial                                                           
01       conditions imposed on pretrial detainees by judicial officers, including amount of bail,                          
02       and supervision conditions; and information on pretrial outcomes, including whether                               
03       or not the defendant appeared in court or was re-arrested during the pretrial period;                             
04                 (2)  data on offenders admitted to the Department of Corrections for a                                  
05       new criminal conviction, including the offense type, number of prior felony                                       
06       convictions, sentence length, and length of stay;                                                                 
07                 (3)  data on the population of the Department of Corrections, using a                                   
08       one-day snapshot on the first day of the first month of each quarter, broken down by                              
09       type of admission, offense type, and risk level;                                                                  
10 (4)  data on offenders on probation supervised by the Department of                                                     
11 Corrections, including the total number of offenders supervised using a one-day                                         
12 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
13 program under AS 33.05.020(f); probation sentence length; time served on the                                            
14 sentence; whether probation was successfully completed, any new convictions for a                                       
15       felony offense, and any sentences to a term of imprisonment while on probation;                                   
16 (5)  data on parole, including the number of offenders supervised on                                                    
17 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
18 parole hearings; the parole grant rate and number of parolees released on discretionary                                 
19 and special medical parole; and information on parolees, including time spent on                                        
20 parole, whether parole was successfully completed, any new convictions for a new                                        
21       felony offense, and any sentences to a term of imprisonment while on parole;                                      
22 (6)  data on the implementation of policies from the 2015 justice                                                       
23 reinvestment report, including the number and percentage of offenders who earn                                          
24 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                         
25 and the total amount of credits earned; the average number of sanctions issued under                                    
26 as 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                                  
27       common violations of probation or parole; and                                                                     
28 (7)  data on probation and parole revocations, including information on                                                 
29 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
30 resolution; [PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A                                                            
31 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest; the                                          
01       number of previous revocations on the current sentence, if any; the length of time held                           
02       pre-case resolution; the length of time to case resolution; and the length of stay.                               
03    * Sec. 129. AS 44.19.647(a) is amended to read:                                                                    
04            (a)  The commission shall submit to the governor and the legislature an annual                               
05       report. The report must include                                                                                   
06                 (1)  a description of its proceedings for the previous calendar year;                                   
07                 (2)  a summary of savings and recommendations on how savings from                                       
08       criminal justice reform should be reinvested to reduce recidivism;                                                
09                 (3)  performance metrics and outcomes from the recommendations the                                      
10 commission made in its December 2015 report, including recidivism rates, defined as                                     
11 (A)  the percentage of inmates who return to prison within three                                                        
12            years after release, broken down by offense type and risk level; and                                         
13 (B)  the percentage of inmates who return to prison within three                                                        
14 years after release for a new criminal conviction, broken down by offense type                                          
15            and risk level; [AND]                                                                                        
16 (4)  recommendations for additional reforms, which may include                                                          
17       recommendations for legislative and administrative action; and                                                
18                 (5)  data reported by the Department of Law under AS 44.23.040.                                     
19    * Sec. 130. AS 44.23.020 is amended by adding a new subsection to read:                                            
20 (k)  The attorney general, in consultation with the commissioner of public                                              
21       safety, shall                                                                                                     
22 (1)  develop a tool to track felony sex offenses reported to the                                                        
23 Department of Public Safety by geographic location; the tracking tool must include a                                    
24 means to record the reason a reported offense was not referred for prosecution or, if                                   
25 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex                                
26 offense charged as a felony resulted in a conviction of an offense other than a sex                                     
27       offense under a plea agreement;                                                                                   
28 (2)  develop regulations and procedures to implement the requirements                                                   
29       established under (1) of this subsection; and                                                                     
30 (3)  provide training for the implementation of the regulations and                                                     
31 procedures established under (2) of this subsection in each state department as                                         
01       necessary.                                                                                                        
02    * Sec. 131. AS 44.23.040 is amended by adding a new subsection to read:                                            
03            (b)  The Department of Law, in consultation with the Department of Public                                    
04       Safety, shall gather and report data on felony sex offenses to the Alaska Judicial                                
05       Council. The data must include                                                                                    
06                 (1)  the number of felony sex offenses reported to the Department of                                    
07       Public Safety that were not referred for prosecution;                                                             
08                 (2)  the number of felony sex offenses referred for prosecution that                                    
09       were not prosecuted;                                                                                              
10 (3)  the number of felony sex offenses that resulted in a conviction for a                                              
11       crime other than a sex offense; and                                                                               
12 (4)  the number of sex offenses referred for prosecution that were                                                      
13 charged as a felony and, under a plea agreement, resulted in a conviction for a crime                                   
14       other than a sex offense.                                                                                         
15    * Sec. 132. AS 44.41 is amended by adding a new section to read:                                                   
16 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement                                           
17       agency collects a sexual assault examination kit under AS 18.68.010, the agency shall                             
18 (1)  within 30 days after the agency collects the sexual assault                                                        
19 examination kit, send the sexual assault examination kit to an accredited laboratory in                                 
20 coordination with the Department of Public Safety or a laboratory operated by the                                       
21       Department of Public Safety;                                                                                      
22 (2)  ensure that the laboratory to which the sexual assault examination                                                 
23 kit is sent under (1) of this subsection conducts a serological or DNA test on the                                      
24 sexual assault examination kit within one year after the laboratory receives the sexual                                 
25       assault examination kit; and                                                                                      
26 (3)  within two weeks after the laboratory that receives the sexual                                                     
27 assault examination kit under (1) of this subsection completes serological or DNA                                       
28 testing, make a reasonable effort to notify the victim from whom the sexual assault                                     
29       examination kit was collected that the sexual assault examination kit has been tested.                            
30 (b)  A criminal action may not be dismissed nor the evidence deemed                                                     
31 nonadmissible for failure to be tested within the times established in (a)(1) and (2) of                                
01       this section.                                                                                                     
02            (c)  If a case is resolved before a sexual assault examination kit is tested, a law                          
03       enforcement agency is not required to meet the time limits established in (a) of this                             
04       section.                                                                                                          
05            (d)  In this section,                                                                                        
06                 (1)  "law enforcement agency" and "agency" have the meaning given to                                    
07       "law enforcement agency" in AS 12.36.090;                                                                         
08                 (2)  "victim" has the meaning given in AS 11.41.470.                                                    
09    * Sec. 133. AS 44.41.070(a) is amended to read:                                                                    
10 (a)  By September 1 of each year, each law enforcement agency and state                                                 
11 department charged with the maintenance, storage, and preservation of sexual assault                                    
12 examination kits shall conduct an inventory of untested sexual assault examination kits                                 
13 and report, in writing, to the Department of Public Safety the number of untested                                       
14 sexual assault examination kits in the possession of the agency or department, the                                  
15 number of sexual assault examination kits that the law enforcement agency or                                        
16 state department has determined are ineligible for testing under (e) of this                                        
17 section, with the reason or reasons the untested sexual assault examination kits                                    
18 were determined to be ineligible for testing, and the date on which each untested                                   
19       sexual assault examination kit was collected.                                                                     
20    * Sec. 134. AS 44.41.070(b) is amended to read:                                                                    
21 (b)  By November 1 of each year, the Department of Public Safety shall                                                  
22 prepare and transmit a report to the president of the senate and the speaker of the                                     
23       house of representatives that contains                                                                            
24 (1)  the number of untested sexual assault examination kits stored by                                                   
25 each law enforcement agency or department and the number of sexual assault                                          
26 examination kits that the law enforcement agency or state department has                                            
27 determined are ineligible for testing under (e) of this section, with the reason or                                 
28 reasons the untested sexual assault examination kits were determined to be                                          
29       ineligible for testing;                                                                                       
30 (2)  the date each untested sexual assault examination kit was collected;                                               
31       and                                                                                                               
01                 (3)  a plan for addressing the backlog and prevention of a backlog of                                   
02       untested sexual assault examination kits.                                                                         
03    * Sec. 135. AS 44.41.070 is amended by adding a new subsection to read:                                            
04            (e)  A sexual assault examination kit is ineligible for testing if the law                                   
05       enforcement agency or state department finds that the sexual assault examination kit                            
06                 (1)  is scientifically unviable;                                                                        
07                 (2)  does not meet eligibility requirements for inclusion in the                                        
08       Combined DNA Index System database; or                                                                            
09                 (3)  was collected from a person who reported a sexual assault                                          
10       anonymously.                                                                                                      
11    * Sec. 136. AS 47.12.315(a) is amended to read:                                                                    
12 (a)  Notwithstanding AS 47.12.310 and except as otherwise provided in this                                              
13 section, the department shall disclose information to the public, on request, concerning                                
14 a minor subject to this chapter who was at least 13 years of age at the time of                                         
15       commission of                                                                                                     
16                 (1)  a felony offense against a person under AS 11.41;                                                  
17                 (2)  arson in the first or second degree;                                                               
18                 (3)  burglary in the first degree;                                                                      
19                 (4)  distribution of child pornography;                                                                 
20                 (5)  sex trafficking in the first degree;                                                               
21 (6)  misconduct involving a controlled substance in the first, [OR]                                                 
22       second, or third degrees involving distribution or possession with intent to deliver; or                      
23                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
24    * Sec. 137. AS 47.17.020(a) is amended to read:                                                                    
25 (a)  The following persons who, in the performance of their occupational                                                
26 duties, their appointed duties under (8) of this subsection, or their volunteer duties                                  
27 under (9) of this subsection, have reasonable cause to suspect that a child has suffered                                
28 harm as a result of child abuse or neglect shall immediately report the harm to the                                     
29 nearest office of the department and, if the harm appears to be a result of a                                       
30 suspected sex offense, shall immediately report the harm to the nearest law                                         
31       enforcement agency:                                                                                           
01                 (1)  practitioners of the healing arts;                                                                 
02                 (2)  school teachers and school administrative staff members, including                                 
03       athletic coaches, of public and private schools;                                                                  
04                 (3)  peace officers and officers of the Department of Corrections;                                      
05                 (4)  administrative officers of institutions;                                                           
06                 (5)  child care providers;                                                                              
07                 (6)  paid employees of domestic violence and sexual assault programs,                                   
08       and crisis intervention and prevention programs as defined in AS 18.66.990;                                       
09                 (7)  paid employees of an organization that provides counseling or                                      
10       treatment to individuals seeking to control their use of drugs or alcohol;                                        
11 (8)  members of a child fatality review team established under                                                          
12 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created                                     
13       under AS 47.14.300; [.]                                                                                       
14 (9)  volunteers who interact with children in a public or private school                                                
15       for more than four hours a week.                                                                                  
16    * Sec. 138. AS 47.17.020(e) is amended to read:                                                                    
17 (e)  The department shall immediately notify the nearest law enforcement                                                
18       agency if the department                                                                                          
19 (1)  concludes that the harm was caused by a person who is not                                                          
20       responsible for the child's welfare;                                                                              
21                 (2)  is unable to determine                                                                             
22                      (A)  who caused the harm to the child; or                                                          
23 (B)  whether the person who is believed to have caused the                                                              
24            harm has responsibility for the child's welfare; or                                                          
25                 (3)  concludes that the report involves                                                                 
26 (A)  possible criminal sex abuse or sex offenses [CONDUCT]                                                          
27 under AS 11.41.410 - 11.41.458, AS 11.61.116, 11.61.118(a)(2),                                                      
28 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed                                          
29            by a minor against a minor; or                                                                           
30 (B)  abuse or neglect that results in the need for medical                                                              
31            treatment of the child.                                                                                      
01    * Sec. 139. AS 47.17.020(g) is amended to read:                                                                    
02 (g)  A person required to report child abuse or neglect under (a) of this section                                       
03 who makes the report to the person's job supervisor or to another individual working                                    
04 for the entity that employs the person is not relieved of the obligation to make a [THE]                            
05       report [TO THE DEPARTMENT AS] required under (a) of this section.                                                 
06    * Sec. 140. AS 47.17.290 is amended by adding a new paragraph to read:                                             
07                 (18)  "sex offense" has the meaning given in AS 12.63.100.                                              
08    * Sec. 141. The uncodified law of the State of Alaska is amended by adding a new section                           
09 to read:                                                                                                                
10 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of                                                              
11       Criminal Procedure, is amended to read:                                                                           
12 (6)  When a prior conviction is an element of an offense [IN A                                                      
13 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n)                                                         
14 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER                                                                       
15 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety                                            
16 Information Network or from other government agencies of prior convictions [OF                                          
17 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL                                                            
18       TEST] may be presented to the grand jury.                                                                         
19    * Sec. 142.  The uncodified law of the State of Alaska is amended by adding a new section                          
20 to read:                                                                                                                
21 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of                                                              
22       Criminal Procedure, is amended to read:                                                                           
23 (a)  The Administrative Director of the Alaska Court System, after consultation                                         
24 with the presiding judge, Public Defender Agency, and Attorney General's Office,                                        
25 may enter into agreements with the Department of Public Safety and Department of                                        
26 Corrections which approve systems allowing judges to provide for the appearance by a                                    
27 defendant at certain criminal proceedings by way of contemporaneous two-way                                         
28 video conference [TELEVISION] equipment in lieu of the physical presence of the                                     
29 defendant in the courtroom. Such an agreement must provide for a procedure by which                                     
30       the defendant may confer with the defendant's attorney in private.                                                
31    * Sec. 143.  The uncodified law of the State of Alaska is amended by adding a new section                          
01 to read:                                                                                                                
02            DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of                                                   
03       Criminal Procedure, is amended to read:                                                                           
04 (b)  In those court locations in which a contemporaneous two-way video                                              
05 conference [TELEVISION] system has been approved by the supreme court and has                                       
06 been installed, in custody defendants shall appear by way of contemporaneous two-                                   
07 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary                                       
08       bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non-                              
09       evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless                                
10 otherwise ordered for cause stated by the presiding judge. With the defendant's                                         
11 consent, sentencings may be done by way of contemporaneous two-way video                                            
12 conference [TELEVISION] in traffic and misdemeanor cases. The court may order                                   
13 a defendant to appear by contemporaneous two-way video conference at any                                            
14 other hearings. In any particular case, the trial court may order that the defendant be                             
15 transported to court for court proceedings if the trial judge finds that the defendant's                                
16       rights would be prejudiced by use of the system.                                                                  
17    * Sec. 144. The uncodified law of the State of Alaska is amended by adding a new section                           
18 to read:                                                                                                                
19 DIRECT COURT RULE AMENDMENT. Rule 45(d), Alaska Rules of                                                                
20       Criminal Procedure, is amended to read:                                                                           
21 (d)  Excluded Periods. The following periods shall be excluded in computing                                           
22       the time for trial:                                                                                               
23 (1)  The period of delay resulting from other proceedings concerning                                                    
24 the defendant, including but not limited to motions to dismiss or suppress,                                             
25 examinations and hearings on competency, the period during which the defendant is                                       
26 incompetent to stand trial, interlocutory appeals, and trial of other charges. No pretrial                              
27 motion shall be held under advisement for more than 30 days and any time longer than                                    
28       30 days shall not be considered as an excluded period.                                                            
29 (2)  The period of delay resulting from an adjournment or continuance                                                   
30 granted at the timely request or with the consent of the defendant or [AND] the                                     
31 defendant's counsel. The court shall grant such a continuance only if it is satisfied that                              
01 the postponement is in the interest of justice, taking into account the public interest in                              
02 the prompt disposition of criminal offenses, and after consideration of the interests of                                
03 the crime victim, if known, as provided in (h) of this rule. A defendant without                                        
04 counsel shall not be deemed to have consented to a continuance unless the defendant                                     
05 has been advised by the court of the right to a speedy trial under this rule and of the                                 
06       effect of consent.                                                                                                
07 (3)  The period of delay resulting from a continuance granted at the                                                    
08       timely request of the prosecution, if:                                                                            
09 (A)  The continuance is granted because of the unavailability of                                                        
10 evidence material to the state's case, when the prosecuting attorney has                                                
11 exercised due diligence to obtain such evidence and there are reasonable                                                
12            grounds to believe that such evidence will be available at the later date; or                                
13 (B)  The continuance is granted to allow the prosecuting                                                                
14 attorney in a felony case additional time to prepare the state's case and                                               
15 additional time is justified because of the exceptional complexity of the                                               
16            particular case.                                                                                             
17 (4)  The period of delay resulting from the absence or unavailability of                                                
18 the defendant. A defendant should be considered absent whenever the defendant's                                         
19 whereabouts are unknown and in addition the defendant is attempting to avoid                                            
20 apprehension or prosecution or the defendant's whereabouts cannot be determined by                                      
21 due diligence. A defendant should be considered unavailable whenever the defendant's                                    
22 whereabouts are known but the defendant's presence for trial cannot be obtained or the                                  
23       defendant resists being returned to the state for trial.                                                          
24 (5)  A reasonable period of delay when the defendant is joined for trial                                                
25 with a codefendant as to whom the time for trial has not run and there is good cause                                    
26 for not granting a severance. In all other cases, the defendant shall be granted a                                      
27 severance in order that the defendant may be tried within the time limits applicable to                                 
28       the defendant.                                                                                                    
29 (6)  The period of delay resulting from detention of the defendant in                                                   
30 another jurisdiction provided the prosecuting attorney has been diligent and has made                                   
31 reasonable efforts to obtain the presence of the defendant for trial. When the                                          
01 prosecution is unable to obtain the presence of the defendant in detention, and seeks to                                
02 exclude the period of detention, the prosecution shall cause a detainer to be filed with                                
03 the official having custody of the defendant and request the official to advise the                                     
04 defendant of the detainer and to inform the defendant of the defendant's rights under                                   
05       this rule.                                                                                                        
06                 (7)  Other periods of delay for good cause.                                                             
07    * Sec. 145. AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3);                                    
08 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),                                 
09 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11); AS 12.25.180(b)(3);                                      
10 AS 12.30.055(b); AS 12.55.027(g), 12.55.110(c), 12.55.110(d), 12.55.110(e), 12.55.110(f),                               
11 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n), 12.55.135(o),                                     
12 12.55.135(p), AS 28.15.291(a)(2); AS 33.07.010, 33.07.020, 33.07.030, 33.07.040,                                        
13 33.07.090; AS 33.16.100(f), 33.16.210(b), 33.16.215, 33.16.220(j), and 33.16.240(h) are                                 
14 repealed.                                                                                                               
15    * Sec. 146. The uncodified law of the State of Alaska is amended by adding a new section                           
16 to read:                                                                                                                
17       ANNULMENT OF REGULATIONS. 13 AAC 04.010(c) and (d) are annulled.                                                  
18    * Sec. 147. The uncodified law of the State of Alaska is amended by adding a new section                           
19 to read:                                                                                                                
20 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections,                                                       
21 Department of Education and Early Development, and Department of Labor and Workforce                                    
22 Development shall develop a needs assessment of all rehabilitative services for each                                    
23 institution, including education, treatment, vocational education, secular and faith-based, and                         
24 pro-social programs. On or before January 31, 2020, the Department of Corrections,                                      
25 Department of Education and Early Development, and Department of Labor and Workforce                                    
26 Development shall provide a written report regarding the needs assessments to the senate                                
27 secretary and chief clerk of the house of representatives and notify the legislature that the                           
28 report is available.                                                                                                    
29    * Sec. 148. The uncodified law of the State of Alaska is amended by adding a new section                           
30 to read:                                                                                                                
31 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY                                                                      
01 COMMITMENT. By December 31, 2020, the superior court shall transmit the information                                     
02 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the                               
03 superior court issued on or after January 1, 2011, for the involuntary commitment of a person                           
04 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an                              
05 involuntary commitment or an adjudication of mental illness or mental incompetence granted                              
06 under AS 47.30.851(b).                                                                                                  
07    * Sec. 149. The uncodified law of the State of Alaska is amended by adding a new section                           
08 to read:                                                                                                                
09 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
10 the effective date of those sections:                                                                                   
11 (1)  AS 11.41.110(a), as amended by sec. 2 of this Act;                                                                 
12 (2)  AS 11.41.150(a), as amended by sec. 3 of this Act;                                                                 
13 (3)  AS 11.41.420(a), as amended by sec. 4 of this Act;                                                                 
14 (4)  AS 11.41.425(a), as amended by sec. 5 of this Act;                                                                 
15 (5)  AS 11.41.432(b), as amended by sec. 6 of this Act;                                                                 
16 (6)  AS 11.41.432(c), as amended by sec. 7 of this Act;                                                                 
17 (7)  AS 11.41.432(d) and (e), enacted by sec. 8 of this Act;                                                            
18            (8)  AS 11.41.438(b), as amended by sec. 9 of this Act;                                                      
19            (9)  AS 11.41.438(c), enacted by sec. 10 of this Act;                                                        
20 (10)  AS 11.41.452(a), as amended by sec. 11 of this Act;                                                               
21 (11)  AS 11.41.452(d), as amended by sec. 12 of this Act;                                                               
22 (12)  AS 11.41.452(e), as amended by sec. 13 of this Act;                                                               
23 (13)  AS 11.41.455(c), as amended by sec. 14 of this Act;                                                               
24            (14)  AS 11.41.458, as amended by sec. 15 of this Act;                                                       
25 (15)  AS 11.46.130(a), as amended by sec. 16 of this Act;                                                               
26 (16)  AS 11.46.140(a), as amended by sec. 17 of this Act;                                                               
27 (17)  AS 11.46.150(a), as amended by sec. 18 of this Act;                                                               
28 (18)  AS 11.46.220(c), as amended by sec. 19 of this Act;                                                               
29 (19)  AS 11.46.260(b), as amended by sec. 20 of this Act;                                                               
30 (20)  AS 11.46.270(b), as amended by sec. 21 of this Act;                                                               
31 (21)  AS 11.46.280(d), as amended by sec. 22 of this Act;                                                               
01            (22)  AS 11.46.285, as amended by sec. 23 of this Act;                                                       
02            (23)  AS 11.46.295, as amended by sec. 24 of this Act;                                                       
03            (24)  AS 11.46.360(a), as amended by sec. 25 of this Act;                                                    
04            (25)  AS 11.46.370, enacted by sec. 26 of this Act;                                                          
05 (26)  AS 11.46.482(a), as amended by sec. 27 of this Act;                                                               
06 (27)  AS 11.46.484(a), as amended by sec. 28 of this Act;                                                               
07 (28)  AS 11.46.486(a), as amended by sec. 29 of this Act;                                                               
08 (29)  AS 11.46.530(b), as amended by sec. 30 of this Act;                                                               
09 (30)  AS 11.46.620(d), as amended by sec. 31 of this Act;                                                               
10 (31)  AS 11.46.730(c), as amended by sec. 32 of this Act;                                                               
11            (32)  AS 11.46.980(e), enacted by sec. 33 of this Act;                                                       
12 (33)  AS 11.56.310(a), as amended by sec. 34 of this Act;                                                               
13 (34)  AS 11.56.320(a), as amended by sec. 35 of this Act;                                                               
14 (35)  AS 11.56.730(a), as amended by sec. 36 of this Act;                                                               
15 (36)  AS 11.56.730(d), as amended by sec. 37 of this Act;                                                               
16 (37)  AS 11.56.757(b), as amended by sec. 38 of this Act;                                                               
17 (38)  AS 11.56.810(a), as amended by sec. 39 of this Act;                                                               
18 (39)  AS 11.61.110(c), as amended by sec. 40 of this Act;                                                               
19 (40)  AS 11.61.120(a), as amended by sec. 41 of this Act;                                                               
20 (41)  AS 11.61.123(a), as amended by sec. 42 of this Act;                                                               
21 (42)  AS 11.61.123(c), as amended by sec. 43 of this Act;                                                               
22 (43)  AS 11.61.123(d), as amended by sec. 44 of this Act;                                                               
23            (44)  AS 11.61.123(f), as amended by sec. 45 of this Act;                                                    
24 (45)  AS 11.61.123(g), as amended by sec. 46 of this Act;                                                               
25            (46)  AS 11.61.124, enacted by sec. 47 of this Act;                                                          
26            (47)  AS 11.71.021, enacted by sec. 48 of this Act;                                                          
27 (48)  AS 11.71.030(a), as amended by sec. 49 of this Act;                                                               
28 (49)  AS 11.71.030(d), as amended by sec. 50 of this Act;                                                               
29 (50)  AS 11.71.040(a), as amended by sec. 51 of this Act;                                                               
30 (51)  AS 11.71.040(d), as amended by sec. 52 of this Act;                                                               
31            (52)  AS 11.71.050, as amended by sec. 53 of this Act;                                                       
01            (53)  AS 11.71.060, as amended by sec. 54 of this Act;                                                       
02 (54)  AS 11.71.311(a), as amended by sec. 55 of this Act;                                                               
03 (55)  AS 12.25.150(a), as amended by sec. 56 of this Act;                                                               
04 (56)  AS 12.30.006(b), as amended by sec. 57 of this Act;                                                               
05 (57)  AS 12.30.006(c), as amended by sec. 58 of this Act;                                                               
06 (58)  AS 12.30.006(d), as amended by sec. 59 of this Act;                                                               
07            (59)  AS 12.30.006(f), as amended by sec. 60 of this Act;                                                    
08            (60)  AS 12.30.011, as repealed and reenacted by sec. 61 of this Act;                                        
09            (61)  AS 12.30.021(a), as amended by sec. 62 of this Act;                                                    
10            (62)  AS 12.30.021(c), as amended by sec. 63 of this Act;                                                    
11            (63)  AS 12.70.130, as amended by sec. 90 of this Act;                                                       
12            (64)  AS 28.15.291(a), as amended by sec. 96 of this Act;                                                    
13            (65)  AS 28.15.291(b), as amended by sec. 97 of this Act.                                                    
14       (b)  The following sections apply to sentences imposed on or after the effective date of                          
15 those sections for conduct occurring on or after the effective date of those sections:                                  
16            (1)  AS 12.55.015(l), enacted by sec. 64 of this Act;                                                        
17            (2)  AS 12.55.027(d), as amended by sec. 67 of this Act;                                                     
18            (3)  AS 12.55.027(e), as amended by sec. 68 of this Act;                                                     
19            (4)  AS 12.55.027(f), as amended by sec. 69 of this Act;                                                     
20            (5)  AS 12.55.027(i), enacted by sec. 70 of this Act;                                                        
21 (6)  AS 12.55.051(a), as amended by sec. 71 of this Act;                                                                
22 (7)  AS 12.55.125(c), as amended by sec. 74 of this Act;                                                                
23 (8)  AS 12.55.125(d), as amended by sec. 75 of this Act;                                                                
24 (9)  AS 12.55.125(e), as amended by sec. 76 of this Act;                                                                
25 (10)  AS 12.55.125(i), as amended by sec. 77 of this Act;                                                               
26 (11)  AS 12.55.125(q), as amended by sec. 78 of this Act;                                                               
27 (12)  AS 12.55.135(a), as amended by sec. 79 of this Act;                                                               
28 (13)  AS 12.55.135(b), as amended by sec. 80 of this Act;                                                               
29 (14)  AS 12.55.145(a), as amended by sec. 81 of this Act;                                                               
30            (15)  AS 12.55.185(10), as amended by sec. 82 of this Act;                                                   
31            (16)  AS 12.55.185(16), as amended by sec. 83 of this Act;                                                   
01            (17)  AS 28.35.030(k), as amended by sec. 98 of this Act;                                                    
02            (18)  AS 28.35.032(o), as amended by sec. 100 of this Act;                                                   
03            (19)  AS 33.20.010(a), amended by sec. 125 of this Act;                                                      
04            (20)  AS 33.20.010(c), as repealed and reenacted by sec. 126 of this Act.                                    
05       (c)  The following sections apply to the duty to register as a sex offender for offenses                          
06 committed on or after the effective date of those sections:                                                             
07            (1)  AS 12.63.010(d), as amended by sec. 86 of this Act;                                                     
08            (2)  AS 12.63.020, as amended by sec. 87 of this Act;                                                        
09            (3)  AS 12.63.100(6), as amended by sec. 88 of this Act;                                                     
10            (4)  AS 12.63.100(7), as amended by sec. 89 of this Act.                                                     
11       (d)  The following sections apply to probation ordered on or after the effective date of                          
12 those sections for conduct occurring on or after the effective date of those sections:                                  
13            (1)  AS 12.55.090(c), as amended by sec. 72 of this Act;                                                     
14            (2)  AS 12.55.090(g), as amended by sec. 73 of this Act;                                                     
15            (3)  AS 33.05.010, as amended by sec. 103 of this Act;                                                       
16            (4)  AS 33.05.020(j) and (k), enacted by sec. 105 of this Act;                                               
17            (5)  AS 33.05.030(a), as amended by sec. 106 of this Act;                                                    
18            (6)  AS 33.05.040(a)(11) and (12), enacted by sec. 107 of this Act;                                          
19            (7)  AS 33.05.045, enacted by sec. 108 of this Act.                                                          
20       (e)  The following sections apply to probation ordered before, on, or after the effective                         
21 date of those sections for conduct occurring on or after the effective date of those sections:                          
22            (1)  AS 12.55.025(c), as amended by sec. 65 of this Act;                                                     
23            (2)  AS 33.05.020(h), as amended by sec. 104 of this Act;                                                    
24            (3)  AS 33.05.020(i), enacted by sec. 105 of this Act;                                                       
25            (4)  AS 33.05.040(a)(6), as amended by sec. 107 of this Act.                                                 
26       (f)  The following sections apply to parole ordered on or after the effective date of                             
27 those sections for conduct occurring on or after the effective date of those sections:                                  
28            (1)  AS 33.16.010(c), as amended by sec. 109 of this Act;                                                    
29            (2)  AS 33.16. 010(g), enacted by sec. 110 of this Act;                                                      
30            (3)  AS 33.16.060(a), as amended by sec. 111 of this Act;                                                    
31            (4)  AS 33.16.090(a), as amended by sec. 112 of this Act;                                                    
01            (5)  AS 33.16.090(b), as amended by sec. 113 of this Act;                                                    
02            (6)  AS 33.16.100(h), enacted by sec. 115 of this Act;                                                       
03            (7)  AS 33.16.130(a), as repealed and reenacted by sec. 116 of this Act;                                     
04            (8)  AS 33.16.130(b), as amended by sec. 117 of this Act;                                                    
05            (9)  AS 33.06.170(d), enacted by sec. 118 of this Act;                                                       
06            (10)  AS 33.16.190, as amended by sec. 119 of this Act;                                                      
07            (11)  AS 33.16.210(c), as amended by sec. 120 of this Act.                                                   
08       (g)  The following sections apply to parole ordered before, on, or after the effective                            
09 date of those sections for conduct occurring on or after the effective date of those sections:                          
10            (1)  AS 33.16.220(b), as amended by sec. 121 of this Act;                                                    
11            (2)  AS 33.16.220(i), as amended by sec. 122 of this Act;                                                    
12            (3)  AS 33.16.270, as amended by sec. 123 of this Act;                                                       
13            (4)  AS 33.16.270(b), enacted by sec. 124 of this Act.                                                       
14 (h)  AS 33.16.100(a), as amended by sec. 114 of this Act, applies to parole granted on                                  
15 or after the effective date of sec. 114 of this Act for conduct occurring before, on, or after the                      
16 effective date of sec. 114 of this Act.                                                                                 
17 (i)  AS 28.35.030(o), as amended by sec. 99 of this Act, and AS 28.35.032(q), as                                        
18 amended by sec. 101 of this Act, apply to revocation of a driver's license occurring before, on,                        
19 or after the effective date of this Act, for conduct occurring before, on, or after the effective                       
20 date of this Act.                                                                                                       
21 (j)  AS 12.55.025(m), enacted by sec. 66 of this Act, applies to sentences imposed on                                   
22 or after the effective date of sec. 66 of this Act, for offenses committed before, on, or after the                     
23 effective date of sec. 66 of this Act.                                                                                  
24 (k)  AS 28.15.161(a), as amended by sec. 95 of this Act, applies to a driver's license                                  
25 canceled on or after the effective date of sec. 95 of this Act for failure to pay fines imposed on                      
26 or after the effective date of sec. 95 of this Act.                                                                     
27    * Sec. 150. The uncodified law of the State of Alaska is amended by adding a new section                           
28 to read:                                                                                                                
29 TRANSITION. Probation officers acting as pretrial services officers under                                               
30 AS 33.05.045, enacted by sec. 108 of this Act, shall supervise defendants in accordance with                            
31 orders for pretrial services issued under former AS 12.30.006, 12.30.021, and AS 33.07.                                 
01    * Sec. 151. The uncodified law of the State of Alaska is amended by adding a new section                           
02 to read:                                                                                                                
03 TRANSITION: REGULATIONS. (a) The Department of Law, the attorney general,                                               
04 the Department of Public Safety, and the commissioner of public safety may adopt regulations                            
05 necessary to implement the changes made by secs. 130 and 131 of this Act. The regulations                               
06 take effect under AS 44.62 (Administrative Procedure Act), but a regulation may not take                                
07 effect before the effective date of the relevant provision of this Act implemented by the                               
08 regulation.                                                                                                             
09 (b)  Not later than 15 months after the effective date of AS 33.05.020(h), as amended                                   
10 by sec. 104 of this Act, and AS 33.16.270, as amended by sec. 123 of this Act, the                                      
11 commissioner of corrections shall adopt regulations necessary to establish the programs                                 
12 required by AS 33.05.020(h), as amended by sec. 104 of this Act, and AS 33.16.270, as                                   
13 amended by sec. 123 of this Act. The regulations take effect under AS 44.62 (Administrative                             
14 Procedure Act), but a regulation may not take effect before the effective date of the relevant                          
15 provision of this Act implemented by the regulation.                                                                    
16    * Sec. 152. The uncodified law of the State of Alaska is amended by adding a new section                           
17 to read:                                                                                                                
18 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the                                               
19 heading of AS 11.61.123 from "Indecent viewing or photography" to "Indecent viewing or                                  
20 production of a picture."                                                                                               
21    * Sec. 153. The uncodified law of the State of Alaska is amended by adding a new section                           
22 to read:                                                                                                                
23 CONDITIONAL EFFECT. Sections 141 - 144 of this Act take effect only if secs. 141                                        
24 - 144 of this Act receive the two-thirds majority vote of each house required by art. IV, sec.                          
25 15, Constitution of the State of Alaska.                                                                                
26    * Sec. 154. Sections 132 - 135 of this Act take effect January 1, 2020.                                            
27    * Sec. 155. Sections 129 - 131 of this Act take effect July 1, 2020.                                               
28    * Sec. 156. Section 137 of this Act takes effect September 1, 2020.                                                
29    * Sec. 157. Sections 102, 146, 148, and 151 of this Act take effect immediately under                              
30 AS 01.10.070(c).                                                                                                        
31    * Sec. 158. Except as provided in secs. 154 - 157 of this Act, this Act takes effect July 1,                       
01 2019.