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Enrolled HB 49: 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) and 38.2, Alaska Rules of Criminal Procedure; and providing for an effective date.

00 Enrolled HB 49                                                                                                          
01 Relating to criminal law and procedure; relating to marriage as a defense to certain crimes of                          
02 sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to                          
03 controlled substances; relating to electronic monitoring; relating to probation and parole;                             
04 relating to sentencing; amending the definitions of "most serious felony," "sex offense," and                           
05 "sex offender"; relating to registration of sex offenders; relating to the automated victim                             
06 notification system; relating to reporting child abuse or neglect; relating to Alaska Native                            
07 organizations; relating to the village public safety officer program; relating to cancellation of                       
08 a driver's license; relating to driving while license canceled; relating to operating under the                         
09 influence; relating to restoration of a driver's license; relating to refusal to submit to a                            
10 chemical test; relating to the use of headlights; relating to the powers and duties of the                              
11 commissioner of corrections; relating to pretrial services; relating to the duties of a                                 
01 prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports                       
02 of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal                                    
03 Procedure; and providing for an effective date.                                                                         
04                           _______________                                                                               
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. 73 of this Act.                                                                     
24 (e)  It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 77 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. 73 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. 73 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. 85 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. 85 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. 85 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 by means of a dangerous instrument;                                          
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                                                                         
04                 (1)  72 hours if the offense is a first conviction;                                                   
05                 (2)  10 days if the offense is a second or subsequent conviction.                                     
06    * Sec. 41. AS 11.61.120(a) is amended to read:                                                                       
07            (a)  A person commits the crime of harassment in the second degree if, with                                  
08       intent to harass or annoy another person, that person                                                             
09                 (1)  insults, taunts, or challenges another person in a manner likely to                                
10       provoke an immediate violent response;                                                                            
11 (2)  telephones another and fails to terminate the connection with intent                                               
12       to impair the ability of that person to place or receive telephone calls;                                         
13                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
14 (4)  makes an anonymous or obscene telephone call, an obscene                                                           
15 electronic communication, or a telephone call or electronic communication that                                          
16       threatens physical injury or sexual contact;                                                                      
17                 (5)  subjects another person to offensive physical contact;                                             
18 (6)  except as provided in AS 11.61.116, publishes or distributes                                                       
19 electronic or printed photographs, pictures, or films that show the genitals, anus, or                                  
20       female breast of the other person or show that person engaged in a sexual act; [OR]                               
21 (7)  repeatedly sends or publishes an electronic communication that                                                     
22 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner                                  
23       that places the person in reasonable fear of physical injury; or                                                
24 (8)  under circumstances not proscribed under AS 11.41.455,                                                           
25 AS 11.61.125, or 11.61.128, repeatedly sends to another person, publishes, or                                         
26 distributes electronic or printed photographs, pictures, or films that show the                                       
27       genitals of any person.                                                                                         
28    * Sec. 42. AS 11.61.123(a) is amended to read:                                                                       
29 (a)  A person commits the crime of indecent viewing or production of a                                                
30       picture [PHOTOGRAPHY] if [, IN THE STATE,] the person knowingly                                                 
31 (1)  views, or views [PRODUCES] a picture of, the private exposure of                                               
01       the genitals, anus, or female breast of another person; or                                                      
02                 (2)  produces a picture of the private exposure of the genitals, anus,                                
03       or female breast of another person [AND THE VIEW OR PRODUCTION IS                                               
04       WITHOUT THE KNOWLEDGE OR CONSENT OF                                                                               
05                 (1)  THE PARENT OR GUARDIAN OF THE PERSON VIEWED,                                                       
06       OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR                                                    
07       SHOWN IS UNDER 16 YEARS OF AGE; AND                                                                               
08                 (2)  THE PERSON VIEWED OR SHOWN IN THE PICTURE, IF                                                      
09       THE PERSON VIEWED OR SHOWN IS AT LEAST 13 YEARS OF AGE].                                                          
10    * Sec. 43. AS 11.61.123(c) is amended to read:                                                                       
11 (c)  This section does not apply to the viewing or production of a picture                                          
12 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement                                               
13       purpose.                                                                                                          
14    * Sec. 44. AS 11.61.123(d) is amended to read:                                                                       
15 (d)  In a prosecution under this section, it is an affirmative defense that the                                         
16 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security                                          
17 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was                                            
18 posted, and any viewing or use of pictures produced is done only in the interest of                                     
19       crime prevention or prosecution.                                                                                  
20    * Sec. 45. AS 11.61.123(f) is amended to read:                                                                       
21            (f)  Indecent viewing or production of a picture [PHOTOGRAPHY] is a                                        
22 (1)  class B felony if the person violates (a)(2) of this section and the                                             
23 person shown in the picture was, at the time of the production of the picture, a                                      
24       minor;                                                                                                          
25                 (2) [(1)]  class C felony if the person                                                               
26                      (A)  violates (a)(1) of this section and the person viewed                                       
27 (i)  [OR SHOWN IN A PICTURE] was, at the time of                                                                      
28                 the viewing [OR PRODUCTION OF THE PICTURE], a minor; or                                               
29 (ii)  in the picture was, at the time of the production                                                               
30                 of the picture, a minor; or                                                                           
31 (B)  violates (a)(2) of this section and the person shown in                                                          
01            the picture was, at the time of the production of the picture, an adult;                                   
02                 (3) [(2)]  class A misdemeanor if the person violates (a)(1) of this                                
03       section and the person viewed                                                                                   
04                      (A)  [OR SHOWN IN A PICTURE] was, at the time of the                                             
05            viewing [OR PRODUCTION OF THE PICTURE], an adult; or                                                       
06                      (B)  in the picture was, at the time of the production of the                                    
07            picture, an adult.                                                                                         
08    * Sec. 46. AS 11.61.123 is amended by adding a new subsection to read:                                               
09            (g)  The provisions of this section do not apply to acts                                                     
10 (1)  that may reasonably be construed to be normal caretaker                                                            
11       responsibilities for a child, interactions with a child, or affection for a child; or                             
12 (2)  performed for the purpose of administering a recognized and lawful                                                 
13 form of treatment that is reasonably adapted to promoting the physical or mental                                        
14       health of the person being treated.                                                                               
15    * Sec. 47. AS 11.61 is amended by adding a new section to read:                                                      
16 Sec. 11.61.124. Solicitation or production of an indecent picture of a                                                  
17 minor. (a) An offender commits the crime of solicitation or production of an indecent                                   
18 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or                                         
19       AS 11.61.123, the offender being 18 years of age or older                                                         
20 (1)  solicits a picture of the genitals, anus, or female breast of another                                              
21       person and the                                                                                                    
22 (A)  person solicited is under 16 years of age and at least four                                                        
23            years younger than the offender; or                                                                          
24 (B)  offender believes that the other person is under 16 years of                                                       
25            age and at least four years younger than the offender; or                                                    
26 (2)  produces a picture of the genitals, anus, or female breast of another                                              
27       person and the                                                                                                    
28 (A)  person shown in the picture is under 16 years of age and at                                                        
29            least four years younger than the offender; or                                                               
30 (B)  offender believes that the other person is under 16 years of                                                       
31            age and at least four years younger than the offender.                                                       
01            (b)  In a prosecution under (a) of this section, it is not a defense that the person                         
02       solicited or shown in the picture was not actually a person under 16 years of age and at                          
03       least four years younger than the offender.                                                                       
04            (c)  In a prosecution under (a)(1) of this section, it is not necessary for the                              
05       prosecution to show that a picture was actually produced.                                                         
06            (d)  The provisions of this section do not apply to acts                                                     
07                 (1)  that may reasonably be construed to be normal caretaker                                            
08       responsibilities for a child, interactions with a child, or affection for a child; or                             
09                 (2)  performed for the purpose of administering a recognized and lawful                                 
10 form of treatment that is reasonably adapted to promoting the physical or mental                                        
11       health of the person being treated.                                                                               
12            (e)  In this section, "picture" has the meaning given in AS 11.61.123(e).                                    
13            (f)  Solicitation or production of an indecent picture of a minor is a                                       
14                 (1)  class C felony if an offender                                                                      
15 (A)  violates (a)(1) of this section and the person solicited is                                                        
16            under 13 years of age; or                                                                                    
17                      (B)  violates (a)(2) of this section;                                                              
18 (2)  class A misdemeanor if an offender violates (a)(1) of this section                                                 
19       and the person solicited is 13 years of age or older.                                                             
20    * Sec. 48. AS 11.71 is amended by adding a new section to read:                                                      
21 Sec. 11.71.021. Misconduct involving a controlled substance in the second                                               
22 degree. (a) Except as authorized in AS 17.30, a person commits the crime of                                             
23       misconduct involving a controlled substance in the second degree if the person                                    
24 (1)  manufactures or delivers any amount of a schedule IA controlled                                                    
25 substance or possesses any amount of a schedule IA controlled substance with intent                                     
26       to manufacture or deliver;                                                                                        
27 (2)  manufactures any material, compound, mixture, or preparation that                                                  
28       contains                                                                                                          
29 (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                                       
30            or                                                                                                           
31 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
01            isomers, or salts of isomers;                                                                                
02 (3)  possesses an immediate precursor of methamphetamine, or the                                                        
03 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine,                                      
04 with the intent to manufacture any material, compound, mixture, or preparation that                                     
05       contains methamphetamine, or its salts, isomers, or salts of isomers;                                             
06                 (4)  possesses a listed chemical with intent to manufacture any material,                               
07       compound, mixture, or preparation that contains                                                                   
08                      (A)  methamphetamine, or its salts, isomers, or salts of isomers;                                  
09            or                                                                                                           
10 (B)  an immediate precursor of methamphetamine, or its salts,                                                           
11            isomers, or salts of isomers;                                                                                
12 (5)  possesses methamphetamine in an organic solution with intent to                                                    
13       extract from it methamphetamine, or its salts, isomers, or salts of isomers; or                                   
14 (6)  under circumstances not proscribed under AS 11.71.010(a)(2),                                                       
15       delivers                                                                                                          
16 (A)  an immediate precursor of methamphetamine, or the salts,                                                           
17 isomers, or salts of isomers of the immediate precursor of methamphetamine,                                             
18 to another person with reckless disregard that the precursor will be used to                                            
19 manufacture any material, compound, mixture, or preparation that contains                                               
20            methamphetamine, or its salts, isomers, or salts of isomers; or                                              
21 (B)  a listed chemical to another person with reckless disregard                                                        
22 that the listed chemical will be used to manufacture any material, compound,                                            
23            mixture, or preparation that contains                                                                        
24 (i)  methamphetamine, or its salts, isomers, or salts of                                                                
25                 isomers;                                                                                                
26 (ii)  an immediate precursor of methamphetamine, or its                                                                 
27                 salts, isomers, or salts of isomers; or                                                                 
28 (iii)  methamphetamine, or its salts, isomers, or salts of                                                              
29                 isomers in an organic solution.                                                                         
30 (b)  In a prosecution under (a) of this section, possession of more than six                                            
31 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or                                       
01 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that                                 
02 the person intended to use the listed chemicals to manufacture, to aid or abet another                                  
03 person to manufacture, or to deliver to another person who intends to manufacture                                       
04 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers                                   
05 of methamphetamine or its immediate precursors. The prima facie evidence described                                      
06       in this subsection does not apply to a person who possesses                                                       
07 (1)  the listed chemicals ephedrine, pseudoephedrine,                                                                   
08       phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals                                
09 (A)  and the listed chemical was dispensed to the person under a                                                        
10            valid prescription; or                                                                                       
11 (B)  in the ordinary course of a legitimate business, or an                                                             
12            employee of a legitimate business, as a                                                                      
13                           (i)  retailer or as a wholesaler;                                                             
14 (ii)  wholesale drug distributor licensed by the Board of                                                               
15                 Pharmacy;                                                                                               
16 (iii)  manufacturer of drug products licensed by the                                                                    
17                 Board of Pharmacy;                                                                                      
18                           (iv)  pharmacist licensed by the Board of Pharmacy; or                                        
19                           (v)  health care professional licensed by the state; or                                       
20 (2)  less than 24 grams of ephedrine, pseudoephedrine,                                                                  
21 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals,                                     
22 kept in a locked storage area on the premises of a legitimate business or nonprofit                                     
23 organization operating a camp, lodge, school, day care center, treatment center, or                                     
24 other organized group activity, and the location or nature of the activity, or the age of                               
25 the participants, makes it impractical for the participants in the activity to obtain                                   
26       medicinal products.                                                                                               
27 (c)  In this section, "listed chemical" means a chemical described under                                                
28       AS 11.71.200.                                                                                                     
29 (d)  Misconduct involving a controlled substance in the second degree is a                                              
30       class A felony.                                                                                                   
31    * Sec. 49. AS 11.71.030(a) is amended to read:                                                                       
01            (a)  Except as authorized in AS 17.30, a person commits the crime of                                         
02       misconduct involving a controlled substance in the third [SECOND] degree if the                                 
03       person                                                                                                            
04                 (1)  manufactures or delivers, or possesses with intent to manufacture                                  
05       or deliver,                                                                                                       
06                      (A)  one or more preparations, compounds, mixtures, or                                             
07            substances of an aggregate weight of one gram or more containing a schedule                                  
08            IA controlled substance;                                                                                     
09                      (B)  25 or more tablets, ampules, or syrettes containing a                                         
10            schedule IA controlled substance;                                                                            
11 (C)  one or more preparations, compounds, mixtures, or                                                                  
12 substances of an aggregate weight of 2.5 grams or more containing a schedule                                            
13            IIA or IIIA controlled substance; or                                                                         
14 (D)  50 or more tablets, ampules, or syrettes containing a                                                              
15            schedule IIA or IIIA controlled substance;                                                                   
16 (2)  delivers any amount of a schedule IVA, VA, or VIA controlled                                                       
17 substance to a person under 19 years of age who is at least three years younger than                                    
18       the person delivering the substance;                                                                              
19                 (3)  possesses any amount of a schedule IA or IIA controlled substance                                  
20                      (A)  with reckless disregard that the possession occurs                                            
21                           (i)  on or within 500 feet of school grounds; or                                              
22 (ii)  at or within 500 feet of a recreation or youth center;                                                            
23                 or                                                                                                      
24                      (B)  on a school bus;                                                                              
25 (4)  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 (5)  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                 (6)  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 (7)  possesses methamphetamine in an organic solution with intent to                                                    
11       extract from it methamphetamine or its salts, isomers, or salts of isomers; [OR]                                  
12 (8)  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; or                                                                    
28 (9)  under circumstances not proscribed under AS 11.71.021(a)(2) -                                                    
29 (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled                                         
30 substance or possesses any amount of a schedule IIA or IIIA controlled substance                                      
31       with intent to manufacture or deliver.                                                                          
01    * Sec. 50. AS 11.71.030(d) is amended to read:                                                                       
02            (d)  Misconduct involving a controlled substance in the third [SECOND]                                     
03       degree is a class B felony.                                                                                       
04    * Sec. 51. AS 11.71.040(a) is amended to read:                                                                       
05            (a)  Except as authorized in AS 17.30 and AS 17.38, a person commits the                                   
06       crime of misconduct involving a controlled substance in the fourth [THIRD] degree if                            
07       the person                                                                                                        
08                 (1)  manufactures or delivers any amount of a schedule IVA or VA                                        
09       controlled substance or possesses any amount of a schedule IVA or VA controlled                                   
10       substance with intent to manufacture or deliver;                                                                  
11 (2)  manufactures or delivers, or possesses with the intent to                                                          
12 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
13 of an aggregate weight of one ounce or more containing a schedule VIA controlled                                        
14       substance;                                                                                                        
15 (3)  possesses any amount of a schedule IA controlled substance listed                                                  
16       in AS 11.71.140(e);                                                                                               
17                 (4)  possesses a schedule IIIA, IVA, VA, or VIA 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 (5)  knowingly keeps or maintains any store, shop, warehouse,                                                           
24 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for                               
25 keeping or distributing controlled substances in violation of a felony offense under this                               
26       chapter or AS 17.30;                                                                                              
27 (6)  makes, delivers, or possesses a punch, die, plate, stone, or other                                                 
28 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying                                
29 mark, imprint, or device of another or any likeness of any of these on a drug, drug                                     
30       container, or labeling so as to render the drug a counterfeit substance;                                          
31 (7)  knowingly uses in the course of the manufacture or distribution of a                                               
01       controlled substance a registration number that is fictitious, revoked, suspended, or                             
02       issued to another person;                                                                                         
03                 (8)  knowingly furnishes false or fraudulent information in or omits                                    
04       material information from any application, report, record, or other document required                             
05       to be kept or filed under AS 17.30;                                                                               
06                 (9)  obtains possession of a controlled substance by misrepresentation,                                 
07       fraud, forgery, deception, or subterfuge;                                                                         
08                 (10)  affixes a false or forged label to a package or other container                                   
09       containing any controlled substance; [OR]                                                                         
10 (11)  manufactures or delivers, or possesses with the intent to                                                         
11       manufacture or deliver,                                                                                           
12 (A)  one or more preparations, compounds, mixtures, or                                                                  
13 substances of an aggregate weight of less than one gram containing a schedule                                           
14            IA controlled substance;                                                                                     
15 (B)  less than 25 tablets, ampules, or syrettes containing a                                                            
16            schedule IA controlled substance;                                                                            
17 (C)  one or more preparations, compounds, mixtures, or                                                                  
18 substances of an aggregate weight of less than 2.5 grams containing a schedule                                          
19            IIA or IIIA controlled substance; or                                                                         
20 (D)  less than 50 tablets, ampules, or syrettes containing a                                                            
21            schedule IIA or IIIA controlled substance; or                                                              
22 (12)  violates AS 11.71.050(a)(4) and, within the preceding 10 years,                                                 
23 has been previously convicted of a crime under AS 11.71.050(a)(4), or a law or                                        
24 ordinance in this or another jurisdiction with elements similar to                                                    
25       AS 11.71.050(a)(4).                                                                                             
26    * Sec. 52. AS 11.71.040(d) is amended to read:                                                                       
27 (d)  Misconduct involving a controlled substance in the fourth [THIRD]                                                
28       degree is a class C felony.                                                                                       
29    * Sec. 53. AS 11.71.050 is amended to read:                                                                          
30 Sec. 11.71.050. Misconduct involving a controlled substance in the fifth                                              
31 [FOURTH] degree. (a) Except as authorized in AS 17.30 and AS 17.38, a person                                          
01       commits the crime of misconduct involving a controlled substance in the fifth                                   
02       [FOURTH] degree if the person                                                                                     
03 (1)  manufactures or delivers, or possesses with the intent to                                                          
04 manufacture or deliver, one or more preparations, compounds, mixtures, or substances                                    
05 of an aggregate weight of less than one ounce containing a schedule VIA controlled                                      
06       substance;                                                                                                        
07                 (2)  [REPEALED]                                                                                         
08                 (3)  fails to make, keep, or furnish any record, notification, order form,                              
09       statement, invoice, or information required under AS 17.30; [OR]                                                  
10 (4)  under circumstances not proscribed under AS 11.71.030(a)(3),                                                       
11 11.71.040(a)(3), or 11.71.040(a)(4) [, OR 11.71.060(a)(2),] possesses any amount of a                                 
12       schedule IA, IIA, IIIA, IVA, or VA [, OR VIA] controlled substance; or                                        
13 (5)  under circumstances not proscribed under AS 11.71.040(a)(4),                                                     
14 possesses one or more preparations, compounds, mixtures, or substances of an                                          
15 aggregate weight of one ounce or more containing a schedule VIA controlled                                            
16       substance.                                                                                                      
17 (b)  Misconduct involving a controlled substance in the fifth [FOURTH]                                                
18       degree is a class A misdemeanor.                                                                                  
19    * Sec. 54. AS 11.71.060 is amended to read:                                                                          
20 Sec. 11.71.060. Misconduct involving a controlled substance in the sixth                                              
21 [FIFTH] degree. (a) Except as authorized in AS 17.30 or AS 17.38, a person                                            
22 commits the crime of misconduct involving a controlled substance in the sixth                                         
23       [FIFTH] degree if the person                                                                                      
24 (1)  uses or displays any amount of a schedule VIA controlled                                                           
25       substance;                                                                                                        
26 (2)  possesses one or more preparations, compounds, mixtures, or                                                        
27       substances of an aggregate weight of                                                                              
28 (A)  less than one ounce containing a schedule VIA controlled                                                           
29            substance;                                                                                                   
30 (B)  six grams or less containing a schedule IIIA controlled                                                            
31 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or                                               
01            otherwise applied to tobacco, an herb, or another organic material; or                                       
02                 (3)  refuses entry into a premise for an inspection authorized under                                    
03       AS 17.30.                                                                                                         
04            (b)  Misconduct involving a controlled substance in the sixth [FIFTH] degree                               
05       is a class B misdemeanor.                                                                                         
06    * Sec. 55. AS 11.71.311(a) is amended to read:                                                                       
07            (a)  A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4),                            
08       or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) [AS 11.71.030(a)(3),                                 
09       11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] if that person                                
10 (1)  sought, in good faith, medical or law enforcement assistance for                                                   
11 another person who the person reasonably believed was experiencing a drug overdose                                      
12       and                                                                                                               
13 (A)  the evidence supporting the prosecution for an offense                                                             
14 under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or                                                    
15 11.71.060(a)(1) or (2) [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4),                                                   
16 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] was obtained or discovered as a                                             
17            result of the person seeking medical or law enforcement assistance;                                          
18 (B)  the person remained at the scene with the other person until                                                       
19            medical or law enforcement assistance arrived; and                                                           
20 (C)  the person cooperated with medical or law enforcement                                                              
21            personnel, including by providing identification;                                                            
22 (2)  was experiencing a drug overdose and sought medical assistance,                                                    
23 and the evidence supporting a prosecution for an offense under AS 11.71.040(a)(3),                                    
24 (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) [AS 11.71.030(a)(3),                                  
25 11.71.040(a)(3) OR (4), 11.71.050(a)(4), OR 11.71.060(a)(1) OR (2)] was obtained as                                     
26       a result of the overdose and the need for medical assistance.                                                     
27    * Sec. 56. AS 12.30.006(b) is amended to read:                                                                       
28 (b)  At the first appearance before a judicial officer, a person may be detained                                        
29 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
30 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
31       pose a danger to the victim, other persons, or the community, if the person has                                   
01                 (1)  been charged with an unclassified, class A, class B, or class C                                    
02       felony; or                                                                                                        
03                 (2)  a criminal conviction or charge outside the state [THAT HAS NOT                                    
04       BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE                                                           
05       PRETRIAL RISK ASSESSMENT UNDER AS 33.07].                                                                         
06    * Sec. 57. AS 12.30.006(c) is amended to read:                                                                       
07 (c)  A person who remains in custody 48 hours after appearing before a judicial                                         
08 officer because of inability to meet the conditions of release shall, upon application, be                              
09 entitled to have the conditions reviewed by the judicial officer who imposed them. If                                   
10 the judicial officer who imposed the conditions of release is not available, any judicial                               
11 officer in the judicial district may review the conditions. [UPON REVIEW OF THE                                         
12 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS                                                            
13 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING                                                                 
14 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT                                                           
15 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE                                                            
16       RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE                                                                   
17                 (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                             
18 (2)  SAFETY OF THE VICTIM, OTHER PERSONS, AND THE                                                                       
19       COMMUNITY.]                                                                                                       
20    * Sec. 58. AS 12.30.006(d) is amended to read:                                                                       
21 (d)  If a person remains in custody after review of conditions by a judicial                                            
22 officer under (c) of this section, the person may request a subsequent review of                                        
23 conditions. Unless the prosecuting authority stipulates otherwise or the person has                                     
24 been incarcerated for a period equal to the maximum sentence for the most serious                                       
25 charge for which the person is being held, a judicial officer may not schedule a bail                                   
26       review hearing under this subsection unless                                                                       
27 (1)  the person provides to the court and the prosecuting authority a                                                   
28 written statement that new information not considered at the previous review will be                                    
29 presented at the hearing; the statement must include a description of the information                                   
30 and the reason the information was not presented at a previous hearing; in this                                         
31 paragraph, "new information" includes the person's inability to post the required bail if                             
01       the person can show that the person made a good faith effort to post the required                               
02       bail;                                                                                                           
03                 (2)  the prosecuting authority and any surety, if applicable, have at least                             
04       48 hours' [HOURS"] written notice before the time set for the review requested under                            
05       this subsection; the defendant shall notify the surety; and                                                       
06                 (3)  at least seven days have elapsed between the previous review and                                   
07       the time set for the requested review; however, a person may receive only one bail                                
08       review hearing solely for inability to pay.                                                                       
09    * Sec. 59. AS 12.30.011 is repealed and reenacted to read:                                                           
10 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this                                          
11 chapter, a judicial officer shall order a person charged with an offense to be released                                 
12 on the person's personal recognizance or upon execution of an unsecured appearance                                      
13       bond, on the condition that the person                                                                            
14                 (1)  obey all court orders and all federal, state, and local laws;                                      
15                 (2)  appear in court when ordered;                                                                      
16                 (3)  if represented, maintain contact with the person's lawyer; and                                     
17 (4)  notify the person's lawyer, who shall notify the prosecuting                                                       
18       authority and the court, not more than 24 hours after the person changes residence.                               
19 (b)  If a judicial officer determines that the release under (a) of this section will                                   
20 not reasonably ensure the appearance of the person or will pose a danger to the victim,                                 
21 other persons, or the community, the officer shall impose the least restrictive condition                               
22 or conditions that will reasonably ensure the person's appearance and protect the                                       
23 victim, other persons, and the community. In addition to conditions under (a) of this                                   
24       section, the judicial officer may, singly or in combination,                                                      
25 (1)  require the execution of an appearance bond in a specified amount                                                  
26 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                               
27       of the amount of the bond;                                                                                        
28 (2)  require the execution of a bail bond with sufficient solvent sureties                                              
29       or the deposit of cash;                                                                                           
30 (3)  require the execution of a performance bond in a specified amount                                                  
31       of cash to be deposited in the registry of the court;                                                             
01                 (4)  place restrictions on the person's travel, association, or residence;                              
02                 (5)  order the person to refrain from possessing a deadly weapon on the                                 
03       person or in the person's vehicle or residence;                                                                   
04                 (6)  require the person to maintain employment or, if unemployed,                                       
05       actively seek employment;                                                                                         
06                 (7)  require the person to notify the person's lawyer and the prosecuting                               
07       authority within two business days after any change in employment;                                                
08                 (8)  require the person to avoid all contact with a victim, a potential                                 
09       witness, or a codefendant;                                                                                        
10 (9)  require the person to refrain from the consumption and possession                                                  
11       of alcoholic beverages;                                                                                           
12 (10)  require the person to refrain from the use of a controlled substance                                              
13 as defined by AS 11.71, unless prescribed by a licensed health care provider with                                       
14       prescriptive authority;                                                                                           
15 (11)  require the person to be physically inside the person's residence,                                                
16 or in the residence of the person's third-party custodian, at time periods set by the                                   
17       court;                                                                                                            
18 (12)  require the person to keep regular contact with a law enforcement                                                 
19       officer or agency;                                                                                                
20 (13)  order the person to refrain from entering or remaining in premises                                                
21       licensed under AS 04;                                                                                             
22 (14)  place the person in the custody of an individual who agrees to                                                    
23       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
24 (15)  if the person is under the treatment of a licensed health care                                                    
25       provider, order the person to follow the provider's treatment recommendations;                                    
26 (16)  order the person to take medication that has been prescribed for                                                  
27       the person by a licensed health care provider with prescriptive authority;                                        
28                 (17)  order the person to submit to electronic monitoring;                                              
29 (18)  order the person to submit to a pretrial risk assessment by the                                                   
30       Department of Corrections under AS 33.07;                                                                         
31 (19)  order the person to submit to supervision by a pretrial services                                                  
01       officer under AS 33.07, which may include the use of electronic monitoring;                                       
02                 (20)  order the person to comply with any other condition that is                                       
03       reasonably necessary to ensure the appearance of the person and to ensure the safety                              
04       of the victim, other persons, and the community; and                                                              
05 (21)  require the person to comply with a program established under                                                     
06 AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                       
07 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony,                                
08       or a crime involving domestic violence.                                                                           
09            (c)  In determining the conditions of release under this chapter, the court shall                            
10       consider the following:                                                                                           
11                 (1)  the nature and circumstances of the offense charged;                                               
12                 (2)  the weight of the evidence against the person;                                                     
13                 (3)  the nature and extent of the person's family ties and relationships;                               
14                 (4)  the person's employment status and history;                                                        
15                 (5)  the length and character of the person's past and present residence;                               
16 (6)  the person's record of convictions and any pending criminal                                                        
17       charges;                                                                                                          
18                 (7)  the person's record of appearance at court proceedings;                                            
19 (8)  assets available to the person to meet monetary conditions of                                                      
20       release;                                                                                                          
21                 (9)  the person's reputation, character, and mental condition;                                          
22 (10)  the effect of the offense on the victim, any threats made to the                                                  
23       victim, and the danger that the person poses to the victim;                                                       
24 (11)  any other facts that are relevant to the person's appearance or the                                               
25       person's danger to the victim, other persons, or the community; and                                               
26 (12)  the pretrial risk assessment provided by a pretrial services officer,                                             
27       if available.                                                                                                     
28            (d)  In making a finding regarding the release of a person under this chapter,                               
29 (1)  except as otherwise provided in this chapter, the burden of proof is                                               
30 on the prosecuting authority that a person charged with an offense should be detained                                   
31       or released with conditions described in (b) of this section or AS 12.30.016;                                     
01 (2)  there is a rebuttable presumption that there is a substantial risk that                                            
02 the person will not appear and the person poses a danger to the victim, other persons,                                  
03       or the community, if the person is                                                                                
04 (A)  charged with an unclassified felony, a class A felony, a                                                           
05            sexual felony, or a felony under AS 28.35.030 or 28.35.032;                                                  
06 (B)  charged with a felony crime against a person under                                                                 
07 AS 11.41, was previously convicted of a felony crime against a person under                                             
08 AS 11.41 in this state or a similar offense in another jurisdiction, and less than                                      
09 five years have elapsed between the date of the person's unconditional                                                  
10 discharge on the immediately preceding offense and the commission of the                                                
11            present offense;                                                                                             
12 (C)  charged with a felony offense committed while the person                                                           
13            was on release under this chapter for a charge or conviction of another offense;                             
14 (D)  charged with a crime involving domestic violence, and has                                                          
15 been convicted in the previous five years of a crime involving domestic                                                 
16            violence in this state or a similar offense in another jurisdiction;                                         
17 (E)  arrested in connection with an accusation that the person                                                          
18 committed a felony outside the state or is a fugitive from justice from another                                         
19            jurisdiction, and the court is considering release under AS 12.70.                                           
20 (e)  If the supreme court establishes a schedule of bail amounts or conditions of                                       
21 release for misdemeanor offenses, the schedule must include a condition providing                                       
22 that a correctional facility shall, at the time of release, conduct a chemical test of the                              
23 breath of a person who has been arrested and who is intoxicated and shall detain the                                    
24 person until the test result indicates that the person's breath has less than 0.08 grams of                             
25 alcohol for each 210 liters of breath or, with the consent of the person, release the                                   
26       person to another person who is willing and able to provide care for the person.                                  
27    * Sec. 60. AS 12.30.021(a) is amended to read:                                                                       
28 (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                           
29 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE                                   
30 RECORD,] that the appointment will, singly or in combination with other                                               
31       conditions,                                                                                                     
01                 [(1)  PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT                                                        
02       AVAILABLE IN THE PERSON'S LOCATION;                                                                               
03                 (2)  NO SECURED APPEARANCE OR PERFORMANCE BONDS                                                         
04       HAVE BEEN ORDERED; AND                                                                                            
05                 (3)  NO OTHER CONDITIONS OF RELEASE OR COMBINATION                                                      
06       OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of                                    
07       the victim, other persons, and the community.                                                                     
08    * Sec. 61. AS 12.30.021(c) is amended to read:                                                                       
09            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
10 (1)  the proposed custodian is acting as a third-party custodian for                                                    
11       another person;                                                                                                   
12 (2)  the proposed custodian has been unconditionally discharged                                                       
13 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a                                       
14       crime under AS 11.41, or a similar crime in this or another jurisdiction;                                       
15 (3)  criminal charges are pending in this state or another jurisdiction                                                 
16       against the proposed custodian;                                                                                   
17 (4)  the proposed custodian is on probation in this state or another                                                    
18       jurisdiction for an offense;                                                                                      
19 (5)  [THERE IS A REASONABLE PROBABILITY THAT THE                                                                        
20 STATE WILL CALL] the proposed custodian may be called as a witness in the                                             
21       prosecution of the person;                                                                                        
22 (6)  the proposed custodian resides out of state; however, a nonresident                                                
23 may serve as a custodian if the nonresident resides in the state while serving as                                       
24       custodian.                                                                                                        
25    * Sec. 62. AS 12.55.015 is amended by adding a new subsection to read:                                               
26 (l)  In making a determination under (a)(12) of this section for a defendant                                            
27 convicted of a crime involving a sex offense as defined in AS 12.63.100 or a crime                                      
28 involving domestic violence as defined in AS 18.66.990, there is a presumption that,                                    
29 unless the court finds on the record that contact between a defendant and the victim of                                 
30 the offense is necessary, the court shall order the defendant to have no contact, either                                
31 directly or indirectly, with the victim until the defendant is unconditionally discharged.                              
01    * Sec. 63. AS 12.55.025(c) is amended to read:                                                                       
02 (c)  Except as provided in (d) of this section, when a defendant is sentenced to                                        
03 imprisonment, the term of confinement commences on the date of imposition of                                            
04 sentence unless the court specifically provides that the defendant must report to serve                                 
05 the sentence on another date. If the court provides another date to begin the term of                                   
06 confinement, the court shall provide the defendant with written notice of the date,                                     
07 time, and location of the correctional facility to which the defendant must report. A                                   
08 defendant shall receive credit for time spent in custody pending trial, sentencing, or                                  
09 appeal, if the detention was in connection with the offense for which the sentence was                                
10 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS                                                                
11 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the                                         
12 actual time spent in custody pending trial, sentencing, or appeal. The time during                                      
13 which a defendant is voluntarily absent from official detention after the defendant has                                 
14       been sentenced may not be credited toward service of the sentence.                                                
15    * Sec. 64. AS 12.55.025 is amended by adding a new subsection to read:                                               
16 (m)  When imposing a sentence for conviction of a felony offense or a                                                   
17 sentence of imprisonment exceeding 90 days or, upon a conviction of a violation of                                      
18 AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with                                     
19 AS 04.21.010, the court shall orally state on the record the terms of the sentence of                                   
20 imprisonment imposed and the approximate minimum sentence that must be served                                           
21 before the defendant may be eligible for mandatory parole and that the period of active                                 
22       incarceration may be reduced under other provisions of law.                                                       
23    * Sec. 65. AS 12.55.027(f) is amended to read:                                                                       
24            (f)  To qualify as a treatment program under this section, a program must                                    
25                 (1)  be intended to address criminogenic traits or behaviors;                                           
26                 (2)  provide measures of progress or completion; and                                                    
27 (3)  require notification to the prosecuting authority, pretrial services                                             
28 officer, [OFFICE] or probation officer if the person is discharged from the program                                   
29       for noncompliance.                                                                                                
30    * Sec. 66. AS 12.55.027 is amended by adding a new subsection to read:                                               
31 (i)  A court granting credit against a sentence of imprisonment under (a) of this                                       
01 section may grant credit of not more than 365 days against the total term of                                            
02       imprisonment imposed.                                                                                             
03    * Sec. 67. AS 12.55.051(a) is amended to read:                                                                       
04 (a)  If the defendant defaults in the payment of a fine or any installment or of                                        
05 restitution or any installment, the court may order the defendant to show cause why                                     
06 the defendant should not be sentenced to imprisonment for nonpayment and, if the                                        
07 payment was made a condition of the defendant's probation, may revoke the probation                                     
08 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a                                                  
09 contempt or probation revocation proceeding brought as a result of failure to pay a                                     
10 fine or restitution, it is an affirmative defense that the defendant was unable to pay                                  
11 despite having made continuing good faith efforts to pay the fine or restitution. If the                                
12 court finds that the defendant was unable to pay despite having made continuing good                                    
13 faith efforts, the defendant may not be imprisoned solely because of the inability to                                   
14 pay. If the court does not find that the default was attributable to the defendant's                                    
15 inability to pay despite having made continuing good faith efforts to pay the fine or                                   
16 restitution, the court may order the defendant imprisoned until the order of the court                                
17 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of                                               
18 imprisonment imposed under this section may not exceed one day for each $50 of the                                      
19 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                               
20 be given toward satisfaction of the order of the court for every day a person is                                        
21       incarcerated for nonpayment of a fine or restitution.                                                             
22    * Sec. 68. AS 12.55.090(c) is amended to read:                                                                       
23            (c)  The period of probation, together with any extension, may not exceed                                    
24                 (1)  25 [15] years for a felony sex offense; or                                                     
25 (2)  10 years for any other offense [AN UNCLASSIFIED FELONY                                                           
26       UNDER AS 11 NOT LISTED IN (1) OF THIS SUBSECTION;                                                                 
27 (3)  FIVE YEARS FOR A FELONY OFFENSE NOT LISTED IN (1)                                                                  
28       OR (2) OF THIS SUBSECTION;                                                                                        
29                 (4)  THREE YEARS FOR A MISDEMEANOR OFFENSE                                                              
30                      (A)  UNDER AS 11.41;                                                                               
31 (B)  THAT IS A CRIME INVOLVING DOMESTIC                                                                                 
01            VIOLENCE; OR                                                                                                 
02                      (C)  THAT IS A SEX OFFENSE, AS THAT TERM IS                                                        
03            DEFINED IN AS 12.63.100;                                                                                     
04 (5)  TWO YEARS FOR A MISDEMEANOR OFFENSE UNDER                                                                          
05 AS 28.35.030 OR 28.35.032, IF THE PERSON HAS PREVIOUSLY BEEN                                                            
06 CONVICTED OF AN OFFENSE UNDER AS 28.35.030 OR 28.35.032, OR A                                                           
07 SIMILAR LAW OR ORDINANCE OF THIS OR ANOTHER JURISDICTION; OR                                                            
08 (6)  ONE YEAR FOR AN OFFENSE NOT LISTED IN (1) - (5) OF                                                                 
09       THIS SUBSECTION].                                                                                                 
10    * Sec. 69. AS 12.55.090(g) is amended to read:                                                                       
11 (g)  At the discretion of the probation officer, a [A] probation officer may                                        
12 [SHALL] recommend to the court that probation be terminated and a defendant be                                          
13       discharged from probation if the defendant                                                                        
14                 (1)  has completed at least                                                                             
15 (A)  two years on probation if the person was convicted of a                                                            
16 class A or class B felony that is not a crime under (4) [(5)] of this subsection;                                     
17            or                                                                                                           
18 (B)  18 months on probation if the person was convicted of a                                                            
19            crime that is not a crime                                                                                    
20                           (i)  under (A) of this paragraph; or                                                          
21                           (ii)  under (4) [(5)] of this subsection;                                                   
22 (2)  has completed all treatment programs required as a condition of                                                    
23       probation;                                                                                                        
24 (3)  [HAS NOT BEEN FOUND IN VIOLATION OF CONDITIONS                                                                     
25 OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED IN (1) OF                                                            
26       THIS SUBSECTION;                                                                                                  
27 (4)]  is currently in compliance with all conditions of probation for all                                               
28       of the cases for which the person is on probation; and                                                            
29 (4) [(5)]  has not been convicted of an unclassified felony offense, a                                                
30 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as                                     
31       defined in AS 18.66.990.                                                                                          
01    * Sec. 70. AS 12.55.125(c) is amended to read:                                                                       
02 (c)  Except as provided in (i) of this section, a defendant convicted of a class A                                      
03 felony may be sentenced to a definite term of imprisonment of not more than 20 years,                                   
04 and shall be sentenced to a definite term within the following presumptive ranges,                                      
05       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
06                 (1)  if the offense is a first felony conviction and does not involve                                   
07       circumstances described in (2) of this subsection, four [THREE] to seven [SIX] years;                         
08                 (2)  if the offense is a first felony conviction                                                        
09                      (A)  and the defendant                                                                           
10 [(A)]  possessed a firearm, used a dangerous instrument, or                                                             
11 caused serious physical injury or death during the commission of the offense,                                           
12            [FIVE TO NINE YEARS;] or                                                                                     
13 [(B)]  knowingly directed the conduct constituting the offense at                                                       
14 a uniformed or otherwise clearly identified peace officer, firefighter,                                                 
15 correctional employee, emergency medical technician, paramedic, ambulance                                               
16 attendant, or other emergency responder who was engaged in the performance                                              
17            of official duties at the time of the offense, seven to 11 years;                                            
18 (B)  and the conviction is for manufacturing related to                                                               
19            methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if                                   
20 (i)  the manufacturing occurred in a building with                                                                    
21 reckless disregard that the building was used as a permanent or                                                       
22 temporary home or place of lodging for one or more children                                                           
23 under 18 years of age or the building was a place frequented by                                                       
24                 children; or                                                                                          
25 (ii)  in the course of manufacturing or in preparation                                                                
26 for manufacturing, the defendant obtained the assistance of one or                                                    
27 more children under 18 years of age or one or more children were                                                      
28                 present;                                                                                              
29 (3)  if the offense is a second felony conviction, 10 [EIGHT] to 14 [12]                                            
30       years;                                                                                                            
31 (4)  if the offense is a third felony conviction and the defendant is not                                               
01       subject to sentencing under (l) of this section, 15 [13] to 20 years.                                           
02    * Sec. 71. AS 12.55.125(d) is amended to read:                                                                       
03 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
04 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
05 and shall be sentenced to a definite term within the following presumptive ranges,                                      
06       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
07 (1)  if the offense is a first felony conviction and does not involve                                                   
08 circumstances described in (2) of this subsection, one [ZERO] to three [TWO] years;                                 
09 a defendant sentenced under this paragraph may, if the court finds it appropriate, be                                   
10 granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of                                   
11 probation under AS 12.55.086, the defendant is required to serve an active term                                       
12 of imprisonment within the range specified in this paragraph, unless the court                                        
13       finds that a mitigation factor under AS 12.55.155 applies;                                                      
14                 (2)  if the offense is a first felony conviction,                                                       
15                      (A)  the defendant violated AS 11.41.130, and the victim was                                     
16                      [(A)]  a child under 16 years of age, two to four years; [OR]                                      
17 (B)  two to four years if the conviction is for attempt,                                                              
18 solicitation, or conspiracy to manufacture related to methamphetamine                                                 
19            under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and                                                       
20 (i)  the attempted manufacturing occurred, or the                                                                     
21 solicited or conspired offense was to have occurred, in a building                                                    
22 with reckless disregard that the building was used as a permanent                                                     
23 or temporary home or place of lodging for one or more children                                                        
24 under 18 years of age or the building was a place frequented by                                                       
25                 children; or                                                                                          
26 (ii)  in the course of an attempt to manufacture, the                                                                 
27 defendant obtained the assistance of one or more children under 18                                                    
28 years of age or one or more children were present [WAS 16 YEARS                                                       
29                 OF AGE OR OLDER, ONE TO THREE YEARS];                                                                   
30 (3)  if the offense is a second felony conviction, three [TWO] to seven                                             
31       [FIVE] years;                                                                                                     
01                 (4)  if the offense is a third felony conviction, six [FOUR] to 10 years.                             
02    * Sec. 72. AS 12.55.125(e) is amended to read:                                                                       
03 (e)  Except as provided in (i) of this section, a defendant convicted of a class C                                      
04 felony may be sentenced to a definite term of imprisonment of not more than five                                        
05 years, and shall be sentenced to a definite term within the following presumptive                                       
06       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
07 (1)  if the offense is a first felony conviction and does not involve                                                   
08 circumstances described in (4) of this subsection, zero to two years; a defendant                                       
09 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
10 suspended imposition of sentence under AS 12.55.085, and the court may, as a                                            
11 condition of probation under AS 12.55.086, require the defendant to serve an active                                     
12       term of imprisonment within the range specified in this paragraph;                                                
13 (2)  if the offense is a second felony conviction, two [ONE] to four                                                  
14       years;                                                                                                            
15 (3)  if the offense is a third felony conviction, three [TWO] to five                                                 
16       years;                                                                                                            
17 (4)  if the offense is a first felony conviction, and the defendant violated                                            
18       AS 08.54.720(a)(15), one to two years.                                                                            
19    * Sec. 73. AS 12.55.125(i) is amended to read:                                                                       
20            (i)  A defendant convicted of                                                                                
21 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                                 
22 first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex                                       
23 trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite                                 
24 term of imprisonment of not more than 99 years and shall be sentenced to a definite                                     
25 term within the following presumptive ranges, subject to adjustment as provided in                                      
26       AS 12.55.155 - 12.55.175:                                                                                         
27 (A)  if the offense is a first felony conviction, the offense does                                                      
28 not involve circumstances described in (B) of this paragraph, and the victim                                            
29            was                                                                                                          
30                           (i)  less than 13 years of age, 25 to 35 years;                                               
31                           (ii)  13 years of age or older, 20 to 30 years;                                               
01                      (B)  if the offense is a first felony conviction and the defendant                                 
02            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
03            injury during the commission of the offense, 25 to 35 years;                                                 
04                      (C)  if the offense is a second felony conviction and does not                                     
05            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
06                      (D)  if the offense is a second felony conviction and the                                          
07            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
08                      (E)  if the offense is a third felony conviction and the defendant                                 
09            is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                          
10            to 60 years;                                                                                                 
11 (F)  if the offense is a third felony conviction, the defendant is                                                      
12 not subject to sentencing under (l) of this section, and the defendant has two                                          
13            prior convictions for sexual felonies, 99 years;                                                             
14 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(1),                                                       
15 [AS 11.41.455(c)(2), ONLINE] enticement of a minor under AS 11.41.452(e), or                                            
16 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual                               
17 abuse of a minor in the first degree, or sex trafficking in the first degree under                                      
18 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more                                      
19 than 99 years and shall be sentenced to a definite term within the following                                            
20       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
21 (A)  if the offense is a first felony conviction, the offense does                                                      
22 not involve circumstances described in (B) of this paragraph, and the victim                                            
23            was                                                                                                          
24                           (i)  under 13 years of age, 20 to 30 years;                                                   
25                           (ii)  13 years of age or older, 15 to 30 years;                                               
26 (B)  if the offense is a first felony conviction and the defendant                                                      
27 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
28            injury during the commission of the offense, 25 to 35 years;                                                 
29 (C)  if the offense is a second felony conviction and does not                                                          
30            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
31 (D)  if the offense is a second felony conviction and the                                                               
01            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
02                      (E)  if the offense is a third felony conviction, the offense does                                 
03            not involve circumstances described in (F) of this paragraph, and the defendant                              
04            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
05                      (F)  if the offense is a third felony conviction, the defendant is                                 
06            not subject to sentencing under (l) of this section, and the defendant has two                               
07            prior convictions for sexual felonies, 99 years;                                                             
08                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
09       second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), indecent                                   
10 exposure in the first degree under AS 11.41.458(b)(2) [UNLAWFUL                                                       
11 EXPLOITATION OF A MINOR UNDER AS 11.41.455(c)(1)], or distribution of                                                   
12 child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of                                       
13 imprisonment of not more than 99 years and shall be sentenced to a definite term                                        
14 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, five to 15 years;                                
17 (B)  if the offense is a second felony conviction and does not                                                          
18            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
19 (C)  if the offense is a second felony conviction and the                                                               
20            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
21 (D)  if the offense is a third felony conviction and does not                                                           
22            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
23 (E)  if the offense is a third felony conviction and the defendant                                                      
24            has two prior convictions for sexual felonies, 99 years;                                                     
25 (4)  sexual assault in the third degree, sexual abuse of a minor in the                                               
26 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree                                     
27 under AS 11.41.458(b)(1), indecent viewing or production of a picture under                                           
28 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child                                     
29 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to                                        
30 commit sexual assault in the second degree, sexual abuse of a minor in the second                                       
31 degree, unlawful exploitation of a minor, or distribution of child pornography, may be                                  
01       sentenced to a definite term of imprisonment of not more than 99 years and shall be                               
02       sentenced to a definite term within the following presumptive ranges, subject to                                  
03       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
04                      (A)  if the offense is a first felony conviction and does not                                    
05            involve the circumstances described in (B) or (C) of this paragraph, two to                                
06            12 years;                                                                                                    
07                      (B)  if the offense is a first felony conviction under                                           
08            AS 11.61.125(e)(1) and does not involve circumstances described in (C) of                                  
09            this paragraph, four to 12 years;                                                                          
10 (C)  if the offense is a first felony conviction under                                                                
11 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or                                              
12 create a mechanism for multi-party sharing or distribution of child                                                   
13 pornography, or received a financial benefit or had a financial interest in                                           
14            a child pornography sharing or distribution mechanism, six to 14 years;                                    
15 (D)  if the offense is a second felony conviction and does not                                                        
16 involve circumstances described in (E) [(C)] of this paragraph, eight to 15                                           
17            years;                                                                                                       
18 (E) [(C)]  if the offense is a second felony conviction and the                                                       
19            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
20 (F) [(D)]  if the offense is a third felony conviction and does not                                                   
21            involve circumstances described in (G) [(E)] of this paragraph, 15 to 25 years;                            
22 (G) [(E)]  if the offense is a third felony conviction and the                                                        
23            defendant has two prior convictions for sexual felonies, 99 years.                                           
24    * Sec. 74. AS 12.55.125(q) is amended to read:                                                                       
25 (q)  Other than for convictions subject to a mandatory 99-year sentence, the                                            
26 court shall impose, in addition to an active term of imprisonment imposed under (i) of                                  
27 this section, a minimum period of (1) suspended imprisonment of five years and a                                        
28 minimum period of probation supervision of 15 years for conviction of an unclassified                                   
29 felony, (2) suspended imprisonment of three years and a minimum period of probation                                     
30 supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                                 
31 imprisonment of two years and a minimum period of probation supervision of five                                         
01 years for conviction of a class C felony. The period of probation is in addition to any                                 
02 sentence received under (i) of this section and may not be suspended or reduced.                                      
03 Upon a defendant's release from confinement in a correctional facility, the                                           
04 defendant is subject to the probation requirement under this subsection and shall                                     
05       submit and comply with the terms and requirements of the probation.                                             
06    * Sec. 75. AS 12.55.135(a) is amended to read:                                                                       
07            (a)  A defendant convicted of a class A misdemeanor may be sentenced to a                                    
08       definite term of imprisonment of not more than                                                                    
09                 [(1)]  one year [, IF THE                                                                               
10 (A)  CONVICTION IS FOR A CRIME WITH A                                                                                   
11 MANDATORY MINIMUM TERM OF 30 DAYS OR MORE OF ACTIVE                                                                     
12            IMPRISONMENT;                                                                                                
13 (B)  TRIER OF FACT FINDS THE AGGRAVATING                                                                                
14 FACTOR THAT THE CONDUCT CONSTITUTING THE OFFENSE WAS                                                                    
15 AMONG THE MOST SERIOUS CONDUCT INCLUDED IN THE                                                                          
16            DEFINITION OF THE OFFENSE;                                                                                   
17 (C)  DEFENDANT HAS PAST CRIMINAL CONVICTIONS                                                                            
18 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS                                                                   
19 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE                                                                      
20            OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;                                                          
21 (D)  CONVICTION IS FOR AN ASSAULT IN THE FOURTH                                                                         
22            DEGREE UNDER AS 11.41.230; OR                                                                                
23                      (E)  CONVICTION IS FOR A VIOLATION OF                                                              
24                           (i)  AS 11.41.427;                                                                            
25                           (ii)  AS 11.41.440;                                                                           
26 (iii)  AS 11.41.460, IF THE INDECENT EXPOSURE                                                                           
27                 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;                                                               
28                           (iv)  AS 11.61.116(c)(2); OR                                                                  
29                           (v)  AS 11.61.118(a)(2); OR                                                                   
30                 (2)  30 DAYS].                                                                                          
31    * Sec. 76. AS 12.55.135(b) is amended to read:                                                                       
01            (b)  A defendant convicted of a class B misdemeanor may be sentenced to a                                    
02       definite term of imprisonment of not more than 90                                                               
03                 [(1)  10] days unless otherwise specified in the provision of law                                       
04       defining the offense [OR IN THIS SECTION;                                                                         
05                 (2)  90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                    
06                      (A)  AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS                                                 
07            OF AGE OR OLDER; OR                                                                                          
08                      (B)  AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF                                              
09            AGE OR OLDER; OR                                                                                             
10 (3)  FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF                                                                  
11       AS 11.56.757].                                                                                                    
12    * Sec. 77. AS 12.55.145(a) is amended to read:                                                                       
13            (a)  For purposes of considering prior convictions in imposing sentence under                                
14                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
15 (A)  a prior conviction may not be considered if a period of 10                                                         
16 or more years has elapsed between the date of the defendant's unconditional                                             
17 discharge on the immediately preceding offense and commission of the present                                            
18            offense unless the prior conviction was for an unclassified or class A felony;                               
19 (B)  a conviction in this or another jurisdiction of an offense                                                         
20 having elements similar to those of a felony defined as such under Alaska law                                           
21            at the time the offense was committed is considered a prior felony conviction;                               
22 (C)  two or more convictions arising out of a single, continuous                                                        
23 criminal episode during which there was no substantial change in the nature of                                          
24 the criminal objective are considered a single conviction unless the defendant                                          
25 was sentenced to consecutive sentences for the crimes; offenses committed                                               
26 while attempting to escape or avoid detection or apprehension after the                                                 
27 commission of another offense are not part of the same criminal episode or                                              
28            objective;                                                                                                   
29                 (2)  AS 12.55.125(l),                                                                                   
30 (A)  a conviction in this or another jurisdiction of an offense                                                         
31 having elements similar to those of a most serious felony is considered a prior                                         
01            most serious felony conviction;                                                                              
02 (B)  commission of and conviction for offenses relied on as                                                             
03 prior most serious felony offenses must occur in the following order:                                                   
04 conviction for the first offense must occur before commission of the second                                             
05 offense, and conviction for the second offense must occur before commission                                             
06            of the offense for which the defendant is being sentenced;                                                   
07                 (3)  AS 12.55.135(g),                                                                                   
08                      (A)  a prior conviction may not be considered if a period of five                                  
09            or more years has elapsed between the date of the defendant's unconditional                                  
10 discharge on the immediately preceding offense and commission of the present                                            
11            offense unless the prior conviction was for an unclassified or class A felony;                               
12 (B)  a conviction in this or another jurisdiction of an offense                                                         
13 having elements similar to those of a crime against a person or a crime                                                 
14            involving domestic violence is considered a prior conviction;                                                
15 (C)  two or more convictions arising out of a single, continuous                                                        
16 criminal episode during which there was no substantial change in the nature of                                          
17 the criminal objective are considered a single conviction unless the defendant                                          
18 was sentenced to consecutive sentences for the crimes; offenses committed                                               
19 while attempting to escape or avoid detection or apprehension after the                                                 
20 commission of another offense are not part of the same criminal episode or                                              
21            objective;                                                                                                   
22                 (4)  AS 12.55.125(i),                                                                                   
23 (A)  a conviction in this or another jurisdiction of an offense                                                         
24 having elements similar to those of a sexual felony is a prior conviction for a                                         
25            sexual felony;                                                                                               
26 (B)  a felony conviction in another jurisdiction making it a                                                            
27 crime to commit any lewd and lascivious act on [UPON] a child under the age                                           
28 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual                                        
29            desires of the defendant or the victim is a prior conviction for a sexual felony;                            
30 (C)  two or more convictions arising out of a single, continuous                                                        
31 criminal episode during which there was no substantial change in the nature of                                          
01 the criminal objective are considered a single conviction unless the defendant                                          
02 was sentenced to consecutive sentences for the crimes; offenses committed                                               
03 while attempting to escape or avoid detection or apprehension after the                                                 
04 commission of another offense are not part of the same criminal episode or                                              
05            objective;                                                                                                   
06 (D)  a conviction in this or another jurisdiction of an offense                                                       
07 having elements similar to those of a felony defined as such under Alaska                                             
08 law at the time the offense was committed is considered a prior felony                                                
09            conviction                                                                                                 
10                 [(5)  AS 12.55.135(a),                                                                                  
11 (A)  A PRIOR CONVICTION MAY NOT BE CONSIDERED                                                                           
12 IF A PERIOD OF FIVE OR MORE YEARS HAS ELAPSED BETWEEN                                                                   
13 THE DATE OF THE DEFENDANT'S UNCONDITIONAL DISCHARGE                                                                     
14 ON THE IMMEDIATELY PRECEDING OFFENSE AND COMMISSION                                                                     
15 OF THE PRESENT OFFENSE UNLESS THE PRIOR CONVICTION WAS                                                                  
16            FOR AN UNCLASSIFIED OR CLASS A FELONY;                                                                       
17 (B)  A CONVICTION IN THIS OR ANOTHER                                                                                    
18 JURISDICTION OF AN OFFENSE HAVING ELEMENTS SIMILAR TO                                                                   
19 THOSE OF A FELONY OR MISDEMEANOR DEFINED AS SUCH                                                                        
20 UNDER ALASKA LAW AT THE TIME THE OFFENSE WAS                                                                            
21            COMMITTED IS CONSIDERED A PRIOR CONVICTION;                                                                  
22 (C)  TWO OR MORE CONVICTIONS ARISING OUT OF A                                                                           
23 SINGLE, CONTINUOUS CRIMINAL EPISODE DURING WHICH THERE                                                                  
24 WAS NO SUBSTANTIAL CHANGE IN THE NATURE OF THE                                                                          
25 CRIMINAL OBJECTIVE ARE CONSIDERED A SINGLE CONVICTION                                                                   
26 UNLESS THE DEFENDANT WAS SENTENCED TO CONSECUTIVE                                                                       
27 SENTENCES FOR THE CRIMES; OFFENSES COMMITTED WHILE                                                                      
28 ATTEMPTING TO ESCAPE OR AVOID DETECTION OR                                                                              
29 APPREHENSION AFTER THE COMMISSION OF ANOTHER OFFENSE                                                                    
30            ARE NOT PART OF THE SAME CRIMINAL EPISODE OR OBJECTIVE].                                                     
31    * Sec. 78. AS 12.55.185(10) is amended to read:                                                                      
01                 (10)  "most serious felony" means                                                                       
02 (A)  arson in the first degree, sex trafficking in the first degree                                                     
03 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under                                                          
04 AS 11.41.452(e), or any unclassified or class A felony prescribed under                                                 
05            AS 11.41; or                                                                                                 
06                      (B)  an attempt, or conspiracy to commit, or criminal                                              
07            solicitation under AS 11.31.110 of, an unclassified felony prescribed under                                  
08            AS 11.41;                                                                                                    
09    * Sec. 79. AS 12.55.185(16) is amended to read:                                                                      
10 (16)  "sexual felony" means sexual assault in the first degree, sexual                                                  
11 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in                            
12 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a                                    
13 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor,                                    
14 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2),                                          
15 distribution of child pornography, sexual assault in the third degree, incest, indecent                                 
16 exposure in the first degree, possession of child pornography, [ONLINE] enticement                                      
17       of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;                               
18    * Sec. 80. AS 12.61.015 is amended by adding a new subsection to read:                                               
19 (d)  The prosecuting attorney shall notify a victim of a sex offense as defined                                         
20 in AS 12.63.100 or crime involving domestic violence as defined in AS 18.66.990 if,                                     
21 before trial, the offender of the victim is discharged from a treatment program for                                     
22       noncompliance.                                                                                                    
23    * Sec. 81. AS 12.61.050 is amended by adding a new subsection to read:                                               
24 (c)  Through the automated victim notification system established in (a) of this                                        
25 section, the Department of Corrections shall notify a victim of a sex offense as defined                                
26 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of                                    
27 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and                                         
28 provide contact information for state victim resources, including the Council on                                        
29 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence                                           
30 and Sexual Assault, the office of victims' rights, and the Violent Crimes Compensation                                  
31 Board. This notification must occur when the offender of the victim is released from                                    
01       incarceration or when the order under AS 12.55.015(l) expires, whichever is later.                                
02    * Sec. 82. AS 12.63.010(d) is amended to read:                                                                       
03            (d)  A sex offender or child kidnapper required to register                                                  
04 (1)  for 15 years under (a) of this section and AS 12.63.020                                                          
05 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under                                       
06 AS 12.63.020, on a date set by the department at the time of the sex offender's or child                                
07 kidnapper's initial registration, provide written verification to the department, in the                                
08 manner required by the department, of the sex offender's or child kidnapper's address                                   
09 and notice of any changes to the information previously provided under (b)(1) of this                                   
10       section;                                                                                                          
11 (2)  for life under (a) of this section and AS 12.63.020                                                              
12 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department,                                   
13 provide written verification to the department, in the manner required by the                                           
14 department, of the sex offender's or child kidnapper's address and any changes to the                                   
15       information previously provided under (b)(1) of this section.                                                     
16    * Sec. 83. AS 12.63.020 is amended to read:                                                                          
17 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to                                                     
18 register. (a) The duty of a sex offender or child kidnapper to comply with the                                          
19       requirements of AS 12.63.010 is as follows:                                                                     
20 (1)  for a sex offender or child kidnapper, as that term is defined in                                                
21       AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty                                        
22 (A) [(1)]  continues for the lifetime of a sex offender or child                                                      
23            kidnapper convicted of                                                                                       
24                           (i) [(A)]  one aggravated sex offense; or                                                   
25 (ii) [(B)]  two or more sex offenses, two or more child                                                               
26 kidnappings, or one sex offense and one child kidnapping; for purposes                                                  
27 of this section, a person convicted of indecent exposure before a person                                                
28 under 16 years of age under AS 11.41.460 more than two times has                                                        
29                 been convicted of two or more sex offenses;                                                             
30 (B) [(2)]  ends 15 years following the sex offender's or child                                                        
31 kidnapper's unconditional discharge from a conviction for a single sex offense                                          
01 that is not an aggravated sex offense or for a single child kidnapping if the sex                                       
02 offender or child kidnapper has supplied proof that is acceptable to the                                                
03 department of the unconditional discharge; the registration period under this                                           
04            subparagraph                                                                                               
05 (i)  [PARAGRAPH (A)]  is tolled for each year that a                                                                  
06 sex offender or child kidnapper [(i)] fails to comply with the                                                          
07 requirements of this chapter or [; (ii)] is incarcerated for the offense or                                           
08 kidnapping for which the offender or kidnapper is required to register                                                  
09                 or for any other offense;                                                                               
10 (ii) [(B)]  may include the time a sex offender or child                                                              
11 kidnapper was absent from this state if the sex offender or child                                                       
12 kidnapper has complied with any sex offender or child kidnapper                                                         
13 registration requirements of the jurisdiction in which the offender or                                                  
14 kidnapper was located and if the sex offender or child kidnapper                                                        
15 provides the department with proof of the compliance while the sex                                                      
16                 offender or child kidnapper was absent from this state; and                                             
17 (iii) [(C)]  continues for a sex offender or child                                                                    
18 kidnapper who has not supplied proof acceptable to the department of                                                    
19 the offender's or kidnapper's unconditional discharge for the sex                                                       
20                 offense or child kidnapping requiring registration;                                                   
21 (2)  for a sex offender or child kidnapper, as that term is defined in                                                
22 AS 12.63.100(6)(B), the duty continues for the period determined by the                                               
23       department under (b) of this section.                                                                           
24            (b)  The department shall adopt, by regulation,                                                              
25                 (1)  procedures to notify a sex offender or child kidnapper                                           
26 (A)  who, on the registration form under AS 12.63.010, lists a                                                        
27 conviction for a sex offense or child kidnapping that is a violation of a former                                        
28 law of this state or a law of another jurisdiction, of the duration of the                                              
29 offender's or kidnapper's duty under (a) of this section for that sex offense or                                        
30            child kidnapping;                                                                                          
31 (B)  as that term is defined in AS 12.63.100(6)(B), of the                                                            
01            duration of the sex offender or child kidnapper's duty under (a) of this                                   
02            section; in adopting regulations under this subparagraph, the department                                   
03            shall                                                                                                      
04                           (i)  consider the period of registration required in the                                    
05                 other jurisdiction; and                                                                               
06                           (ii)  provide for tolling of the registration period if                                     
07                 the sex offender or child kidnapper fails to comply with the                                          
08                 requirements of this chapter or is incarcerated;                                                      
09                 (2)  a requirement that an [. AS A PART OF THE REGULATIONS,                                           
10 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply                                                     
11       proof acceptable to the department of unconditional discharge and the date it occurred.                           
12    * Sec. 84. AS 12.63.100(6) is amended to read:                                                                       
13                 (6)  "sex offender or child kidnapper" means                                                            
14 (A)  a person convicted of a sex offense or child kidnapping in                                                       
15 this state or another jurisdiction regardless of whether the conviction occurred                                        
16            before, after, or on January 1, 1999; or                                                                   
17 (B)  a person charged and convicted as an adult of an                                                                 
18 offense that requires registration as a sex offender or child kidnapper in                                            
19            another jurisdiction;                                                                                      
20    * Sec. 85. AS 12.63.100(7) is amended to read:                                                                       
21                 (7)  "sex offense" means                                                                                
22 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
23 another jurisdiction, in which the person committed or attempted to commit a                                            
24 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
25 this subparagraph, "sexual offense" has the meaning given in                                                            
26            AS 11.41.100(a)(3);                                                                                          
27 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
28 another jurisdiction, in which the person committed or attempted to commit                                              
29            one of the following crimes, or a similar law of another jurisdiction:                                       
30                           (i)  sexual assault in the first degree;                                                      
31                           (ii)  sexual assault in the second degree;                                                    
01                           (iii)  sexual abuse of a minor in the first degree; or                                        
02                           (iv)  sexual abuse of a minor in the second degree;                                           
03                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
04            a crime, under the following statutes or a similar law of another jurisdiction:                              
05                           (i)  AS 11.41.410 - 11.41.438;                                                                
06                           (ii)  AS 11.41.440(a)(2);                                                                     
07                           (iii)  AS 11.41.450 - 11.41.458;                                                              
08                           (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                         
09                 exposure is before a person under 16 years of age and the offender has                                  
10                 previously been convicted under AS 11.41.460 or AS 26.05.900(c);                                        
11                           (v)  AS 11.61.125 - 11.61.128;                                                                
12 (vi)  AS 11.66.110, 11.66.130(a)(2)(B), or                                                                              
13 AS 26.05.900(b) if the person who was induced or caused to engage in                                                    
14                 prostitution was under 20 years of age at the time of the offense;                                      
15 (vii)  former AS 11.15.120, former 11.15.134, or assault                                                                
16 with the intent to commit rape under former AS 11.15.160, former                                                        
17                 AS 11.40.110, or former 11.40.200;                                                                      
18 (viii)  AS 11.61.118(a)(2) if the offender has a previous                                                               
19                 conviction for that offense;                                                                            
20 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
21                 punishment under AS 11.66.100(e);                                                                       
22 (x)  AS 26.05.890 if the person engaged in sexual                                                                       
23                 penetration or sexual contact with the victim;                                                          
24 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                  
25 victim is under a duty to obey the lawful orders of the offender,                                                       
26 regardless of whether the offender is in the direct chain of command                                                    
27                 over the victim;                                                                                        
28 (xii)  AS 26.05.893 if the person engaged in sexual                                                                     
29                 penetration or sexual contact with the victim;                                                          
30 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                              
31                 years of age at the time of the offense; [OR]                                                           
01 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                                 
02 victim is under a duty to obey the lawful orders of the offender,                                                       
03 regardless of whether the offender is in the direct chain of command                                                    
04                 over the victim; or                                                                                     
05 (xv)  AS 11.61.123 if the offender is subject to                                                                      
06                 punishment under AS 11.61.123(f)(1) or (2);                                                           
07 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                          
08 commit an offense, under AS 26.05.935(b), or a similar law of another                                                   
09 jurisdiction, if the member of the militia commits one of the following                                                 
10 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform                                                
11            Code of Military Justice):                                                                                   
12                           (i)  child pornography; or                                                                    
13 (ii)  pandering and prostitution if the person who is                                                                   
14 induced, enticed, caused, or procured to engage in a sexual act is under                                                
15                 20 years of age at the time of the offense; or                                                        
16 (E)  an offense in which the person is required to register as                                                        
17            a sex offender under the laws of another jurisdiction;                                                     
18    * Sec. 86. AS 12.70.130 is amended to read:                                                                          
19 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be                                              
20 lawfully made by a peace officer or a private person without a warrant upon                                             
21 reasonable information that the accused stands charged in the courts of another state                                   
22 with a crime punishable by death or imprisonment for a term exceeding one year, but                                     
23 when arrested the accused must be taken before a judge or magistrate without                                            
24 unnecessary delay and, in any event, within 24 hours after arrest, absent compelling                                    
25 circumstances, including Sundays and holidays, and complaint shall be made against                                      
26 the accused under oath setting out the ground for the arrest as in AS 12.70.120. [THE                                   
27 HEARING BEFORE THE JUDGE OR MAGISTRATE MAY NOT TAKE PLACE                                                               
28 MORE THAN 48 HOURS AFTER ARREST.] Thereafter the answer of the accused                                                  
29       shall be heard as if the accused had been arrested on a warrant.                                                  
30    * Sec. 87. AS 18.65.670(a) is amended to read:                                                                       
31 (a)  There is created in the Department of Public Safety a village public safety                                        
01 officer program to assist local governments and villages through nonprofit regional                                     
02 corporations, Alaska Native organizations, or municipalities to appoint, train,                                       
03 supervise, and retain persons to serve as village public safety officers to administer                                  
04       functions relative to                                                                                             
05                 (1)  the protection of life and property in rural areas of the state; and                               
06                 (2)  providing probation and parole supervision to persons under                                        
07       supervision by communicating with and monitoring the activities and progress of these                             
08       persons at the direction of probation and parole officers.                                                        
09    * Sec. 88. AS 18.65.670(b) is amended to read:                                                                       
10 (b)  With funds appropriated for that purpose, the commissioner of public                                               
11 safety shall provide grants to nonprofit regional corporations and Alaska Native                                      
12 organizations for village public safety officers. If a nonprofit regional corporation for                             
13 a rural area or Alaska Native organization declines a grant under this subsection, the                                
14 commissioner may provide the grant to a municipality with a population of less than                                     
15 10,000 willing to administer the grant for the rural area. Before awarding a grant to a                                 
16 municipality, the commissioner shall consult with the nonprofit regional corporation                                    
17 or Alaska Native organization that declined the grant. The commissioner of public                                     
18 safety shall coordinate with the commissioner of corrections when providing grants                                      
19 under this section, and the commissioners shall jointly execute an agreement with the                                   
20 nonprofit regional corporations, Alaska Native organizations, or municipalities, as                                   
21       appropriate.                                                                                                      
22    * Sec. 89. AS 18.65.670(c) is amended to read:                                                                       
23 (c)  The commissioner of public safety may adopt regulations related to village                                         
24 public safety officers, including minimum standards and training, criteria for                                          
25 participation by a community, a municipality, an Alaska Native organization, or a                               
26 corporation [PARTICIPATION], and the interaction between the Department of                                              
27 Public Safety and village public safety officers. Regulations adopted by the                                            
28 commissioner of public safety under this subsection may not prohibit village public                                     
29 safety officers who otherwise meet minimum standards and training from carrying                                         
30 firearms. If the commissioner of public safety adopts regulations regarding training for                                
31 village public safety officers, at a minimum, that training must include disability                                     
01       training that provides training in the subjects set out in AS 18.65.220(3). The                                   
02       commissioner of corrections may adopt regulations related to the functions of village                             
03       public safety officers providing probation and parole supervision.                                                
04    * Sec. 90. AS 18.65.670(e) is amended to read:                                                                       
05            (e)  In this section,                                                                                        
06                 (1)  "Alaska Native organization" means an organization listed in                                     
07       AS 47.27.070(a);                                                                                                
08                 (2)  "rural area" means a community with a population of less than                                    
09       1,000 within                                                                                                      
10                      (A) [(1)]  the unorganized borough; or                                                           
11 (B) [(2)]  a borough, if the community is not connected by road                                                       
12            to Anchorage or Fairbanks.                                                                                   
13    * Sec. 91. AS 28.15.161(a) is amended to read:                                                                       
14            (a)  The department shall cancel a driver's license upon determination that                                  
15 (1)  the licensee is not medically or otherwise entitled to the issuance or                                             
16       retention of the license, or has been adjudged incompetent to drive a motor vehicle;                              
17                 (2)  there is an error or defect in the license;                                                        
18 (3)  the licensee failed to give the required or correct information in the                                             
19       licensee's application;                                                                                           
20                 (4)  the license was obtained fraudulently;                                                             
21 (5)  the licensee is restricted from purchasing alcoholic beverages under                                               
22 AS 04.16.160; if a license is cancelled under this paragraph, when a new license is                                     
23 issued, it must reflect that restriction and the requirements of AS 28.15.111 if the                                    
24       period of restriction under AS 04.16.160 is still in effect; [OR]                                                 
25 (6)  the licensee has a license issued under AS 28.15.046 and has been                                                  
26 convicted of an offense described in AS 28.15.046(c) or (d) that would disqualify the                                   
27       licensee from obtaining a license under that section; or                                                        
28 (7)  the licensee owes $1,000 or more in unpaid fines for offenses                                                    
29       involving a moving motor vehicle and failed to                                                                  
30                      (A)  pay the fines in full as required by the court; or                                          
31 (B)  make payments in good faith on the unpaid balance of                                                             
01            the fines under a payment plan established by the department.                                              
02    * Sec. 92. AS 28.15.291(a) is amended to read:                                                                       
03            (a)  A person commits the crime of driving while license canceled, suspended,                                
04       revoked, or in violation of a limitation if the person drives                                                     
05 (1)  a motor vehicle on a highway or vehicular way or area at a time                                                    
06 when that person's driver's license, privilege to drive, or privilege to obtain a license                               
07 has been canceled, suspended, or revoked under circumstances described in                                               
08 AS 28.15.181 or 28.15.182 [AS 28.15.181(c)] or a similar law in another jurisdiction;                                 
09 (2)  a motor vehicle on a highway or vehicular way or area at a time                                                    
10 when that person's driver's license, privilege to drive, or privilege to obtain a license                               
11 has been canceled, suspended, or revoked under circumstances other than those                                           
12       described in (1) of this subsection; or                                                                           
13 (3)  in violation of a limitation placed on that person's license or                                                    
14       privilege to drive in this or another jurisdiction.                                                               
15    * Sec. 93. AS 28.15.291(b) is amended to read:                                                                       
16 (b)  Driving while license canceled, suspended, revoked, or in violation of a                                           
17       limitation is                                                                                                     
18                 (1)  a class A misdemeanor if the person                                                                
19 (A)  violates (a)(1) of this section; upon conviction, the court                                                      
20            shall impose a minimum sentence of imprisonment of not less than 10 days                                     
21 (i) [(A)]  with 10 days suspended if the person has not                                                               
22 been previously convicted under (a)(1) of this section or a similar law                                                 
23                 of another jurisdiction; or                                                                             
24 (ii) [(B)]  if the person has been previously convicted                                                               
25                 under (a)(1) of this section or a similar law in another jurisdiction; or                             
26 (B) violates (a)(2) or (3) of this section and the person has                                                         
27            been previously convicted under (a) of this section;                                                       
28                 (2)  an infraction if the person violates (a)(2) or (3) of this section.                                
29    * Sec. 94. AS 28.35.030(k) is amended to read:                                                                       
30 (k)  Imprisonment required under (b)(1)(A) of this section shall be served at a                                       
31 community residential center or by electronic monitoring at a private residence                                       
01 under AS 33.30.065. If a community residential center or electronic monitoring at a                                 
02 private residence is not available, imprisonment required under (b)(1)(A) of this                                     
03 section may [SHALL] be served at another appropriate place [A PRIVATE                                               
04 RESIDENCE BY OTHER MEANS] determined by the commissioner of corrections.                                                
05 [A PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED                                                            
06 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A                                                           
07 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE                                                                 
08 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO                                                            
09 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a),                                                             
10 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F)                                                
11 of this section may be served at a community residential center or at a private                                         
12 residence if approved by the commissioner of corrections. Imprisonment served at a                                      
13 private residence must include electronic monitoring under AS 33.30.065 [OR, IF                                         
14 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS                                                               
15 DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                             
16 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be                                  
17 paid to the state by the person being sentenced. The cost of imprisonment required to                                   
18 be paid under this subsection may not exceed $2,000. Upon the person's conviction,                                      
19 the court shall include the costs of imprisonment as a part of the judgment of                                          
20 conviction. Except for reimbursement from a permanent fund dividend as provided in                                      
21 this subsection, payment of the cost of imprisonment is not required if the court                                       
22 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
23 person as required by this subsection, the state shall seek reimbursement from the                                      
24 person's permanent fund dividend as provided under AS 43.23.140. A person                                               
25 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of                                           
26 community service work, as required by the director of the community residential                                        
27 center or other appropriate place, or as required by the commissioner of corrections if                                 
28 the sentence is being served at a private residence. In this subsection, "appropriate                                   
29 place" means a facility with 24-hour on-site staff supervision that is specifically                                     
30 adapted to provide a residence, and includes a correctional center, residential treatment                               
31 facility, hospital, halfway house, group home, work farm, work camp, or other place                                     
01       that provides varying levels of restriction.                                                                      
02    * Sec. 95. AS 28.35.030(o) is amended to read:                                                                       
03 (o)  Upon request, the department shall review a driver's license revocation                                            
04 imposed under (n)(3) of this section and, unless the revocation was ordered under                                     
05 (v) or (w) of this section or in a case in which the person was also convicted of a                                   
06 crime under AS 11.41.100 - 11.41.210, 11.41.280, 11.41.282, or a similar law in                                       
07       another jurisdiction,                                                                                           
08                 (1)  may restore the driver's license if                                                                
09                      (A)  the license has been revoked for a period of at least 10                                      
10            years;                                                                                                       
11 (B)  the person has not been convicted of a driving-related                                                             
12 criminal offense or a felony in the 10 years preceding the request for                                                
13            restoration of [SINCE] the license [WAS REVOKED]; and                                                      
14                      (C)  the person provides proof of financial responsibility;                                        
15                 (2)  shall restore the driver's license if                                                              
16 (A)  the person has been granted limited license privileges                                                             
17 under AS 28.15.201(g) and has successfully driven under that limited license                                            
18            for three years without having the limited license privileges revoked;                                       
19 (B)  the person has successfully completed a court-ordered                                                              
20 treatment program under AS 28.35.028 or a rehabilitative treatment program                                              
21            under AS 28.15.201(h);                                                                                       
22 (C)  the person has not been convicted of a violation of                                                                
23 AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                                              
24            jurisdiction since the license was revoked;                                                                  
25 (D)  the person is otherwise eligible to have the person's driving                                                      
26 privileges restored as provided in AS 28.15.211; in an application under this                                           
27 subsection, a person whose license was revoked for a violation of                                                       
28 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as                                                 
29            required under AS 28.35.030(h) or 28.35.032(l); and                                                          
30                      (E)  the person provides proof of financial responsibility.                                        
31    * Sec. 96. AS 28.35.030 is amended by adding new subsections to read:                                                
01 (v)  In addition to the penalties imposed under (n) of this section, if a person is                                     
02 convicted under (n) of this section and has been convicted two or more times under (n)                                  
03 of this section or a similar law of another jurisdiction at any time preceding the date of                              
04 the present offense, upon conviction, the court shall permanently revoke the person's                                   
05       driver's license, privilege to drive, or privilege to obtain a license.                                           
06 (w)  In addition to the penalties imposed under (b) of this section, if a person is                                     
07 convicted under (a) of this section and the person has previously had the person's                                      
08 driver's license restored under (o) of this section or under AS 28.35.032(q), upon                                      
09 conviction, the court shall permanently revoke the person's driver's license, privilege                                 
10       to drive, or privilege to obtain a license.                                                                       
11    * Sec. 97. AS 28.35.032(o) is amended to read:                                                                       
12 (o)  Imprisonment required under (g)(1)(A) of this section shall be served at a                                         
13 community residential center or by electronic monitoring at a private residence                                       
14 [BY ELECTRONIC MONITORING] under AS 33.30.065. If a community                                                         
15 residential center or electronic monitoring at a private residence is not available,                                
16 imprisonment required under (g)(1)(A) of this section may [SHALL] be served at                                      
17 another appropriate place [A PRIVATE RESIDENCE BY OTHER MEANS AS]                                                     
18 determined by the commissioner of corrections. [A PERSON WHO IS SERVING A                                               
19 SENTENCE OF IMPRISONMENT REQUIRED UNDER (g)(1)(A) OF THIS                                                               
20 SECTION BY ELECTRONIC MONITORING AT A PRIVATE RESIDENCE MAY                                                             
21 NOT BE SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A                                                                
22 PEACE OFFICER OR A PERSON REQUIRED TO ADMINISTER THE                                                                    
23 ELECTRONIC MONITORING UNDER AS 33.30.065(a), EXCEPT UPON                                                                
24 PROBABLE CAUSE.] Imprisonment required under (g)(1)(B) - (F) of this section                                            
25 may be served at a community residential center or at a private residence if approved                                   
26 by the commissioner of corrections. Imprisonment served at a private residence must                                     
27 include electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC                                                     
28 MONITORING IS NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS                                                             
29 AS DETERMINED BY THE COMMISSIONER OF CORRECTIONS]. The cost of                                                          
30 imprisonment resulting from the sentence imposed under (g)(1) of this section shall be                                  
31 paid to the state by the person being sentenced. The cost of imprisonment required to                                   
01 be paid under this subsection may not exceed $2,000. Upon the person's conviction,                                      
02 the court shall include the costs of imprisonment as a part of the judgment of                                          
03 conviction. Except for reimbursement from a permanent fund dividend as provided in                                      
04 this subsection, payment of the cost of imprisonment is not required if the court                                       
05 determines the person is indigent. For costs of imprisonment that are not paid by the                                   
06 person as required by this subsection, the state shall seek reimbursement from the                                      
07 person's permanent fund dividend as provided under AS 43.23.140. A person                                               
08 sentenced under (g)(1)(B) of this section shall perform at least 160 hours of                                           
09 community service work, as required by the director of the community residential                                        
10 center or other appropriate place, or as required by the commissioner of corrections if                                 
11 the sentence is being served at a private residence. In this subsection, "appropriate                                   
12 place" means a facility with 24-hour on-site staff supervision that is specifically                                     
13 adapted to provide a residence, and includes a correctional center, residential treatment                               
14 facility, hospital, halfway house, group home, work farm, work camp, or other place                                     
15       that provides varying levels of restriction.                                                                      
16    * Sec. 98. AS 28.35.032(q) is amended to read:                                                                       
17 (q)  Upon request, the department shall review a driver's license revocation                                            
18 imposed under (p)(3) of this section and, unless the revocation was ordered in a                                      
19 case in which the person was also convicted of a crime under AS 11.41.100 -                                           
20 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction or the                                      
21 revocation was ordered under AS 28.35.030(v) or (w), may restore the driver's                                         
22       license if                                                                                                        
23                 (1)  the license has been revoked for a period of at least 10 years;                                    
24 (2)  the person has not been convicted of a driving-related criminal                                                  
25 offense or a felony in the 10 years preceding the request for restoration of                                          
26       [SINCE] the license [WAS REVOKED]; and                                                                            
27                 (3)  the person provides proof of financial responsibility.                                             
28    * Sec. 99. AS 28.35 is amended by adding a new section to read:                                                      
29 Sec. 28.35.191. Failure to use headlights. (a) A person commits the offense                                             
30 of failure to use headlights if the person operates a motor vehicle without the use of                                  
31       motor vehicle headlights                                                                                          
01                 (1)  between one half-hour after sunset and one half-hour before                                        
02       sunrise;                                                                                                          
03                 (2)  at any other time when, because of insufficient light or other                                     
04       atmospheric conditions, persons or motor vehicles are not clearly discernible at a                                
05       distance of 1,000 feet; or                                                                                        
06                 (3)  on a road that is a designated traffic safety corridor under                                       
07       AS 19.10.075.                                                                                                     
08            (b)  A person operating a motor vehicle may not be required to use motor                                     
09       vehicle headlights except as required in (a) of this section.                                                     
10            (c)  Failure to use headlights is an infraction.                                                             
11    * Sec. 100. AS 33.05.020(h) is amended to read:                                                                      
12 (h)  The commissioner shall establish by regulation a program allowing                                                  
13 probationers to earn credits for complying with the conditions of probation. The                                        
14 credits earned reduce the period of probation. Nothing in this subsection prohibits the                                 
15 department from recommending to the court the early discharge of the probationer as                                     
16       provided in AS 33.30. At a minimum, the regulations must                                                          
17 (1)  require that a probationer earn a credit of 10 [30] days for each 30-                                            
18       day period served in which the defendant complied with the conditions of probation;                               
19                 (2)  include policies and procedures for                                                                
20                      (A)  calculating and tracking credits earned by probationers;                                      
21 (B)  reducing the probationer's period of probation based on                                                            
22            credits earned by the probationer; and                                                                       
23                      (C)  notifying a victim under AS 33.30.013;                                                        
24 (3)  require that a probationer convicted of [A SEX OFFENSE AS                                                          
25 DEFINED IN AS 12.63.100 OR] a crime involving domestic violence as defined in                                           
26 AS 18.66.990 complete all treatment programs required as a condition of probation                                       
27       before discharge based on credits earned under this subsection.                                                   
28    * Sec. 101. AS 33.05.020 is amended by adding a new subsection to read:                                              
29 (i)  A probationer may not be enrolled in the program established under (h) of                                          
30       this section if the probationer is on probation for                                                               
31                 (1)  an unclassified felony;                                                                            
01                 (2)  a sex offense as defined in AS 12.63.100;                                                          
02                 (3)  a felony crime against a person under AS 11.41;                                                    
03                 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                   
04       that is an offense under AS 11.41.                                                                                
05    * Sec. 102. AS 33.05.040(a) is amended to read:                                                                      
06            (a)  A probation officer shall                                                                               
07                 (1)  furnish to each probationer under the supervision of the officer a                                 
08       written statement of the conditions of probation and shall instruct the probationer                               
09       regarding the same;                                                                                               
10 (2)  keep informed concerning the conduct and condition of each                                                         
11 probationer under the supervision of the officer and shall report on the probationer to                                 
12       the court placing that person on probation;                                                                       
13 (3)  use all suitable methods, not inconsistent with the conditions                                                     
14 imposed by the court, to aid probationers and to bring about improvements in their                                      
15       conduct and condition;                                                                                            
16 (4)  keep records of the probation work, including administrative                                                       
17 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep                                      
18 accurate and complete accounts of all money collected from persons under the                                            
19 supervision of the officer, give receipts for money collected and make at least monthly                                 
20 returns of it, make the reports to the court and the commissioner required by them, and                                 
21       perform other duties the court may direct;                                                                        
22 (5)  perform duties with respect to persons on parole as the                                                            
23       commissioner shall request, and in that service shall be termed a parole officer;                                 
24 (6)  use administrative sanctions and incentives developed under                                                        
25 AS 33.05.020(g) to respond to a probationer's negative and positive behavior [,                                         
26 INCLUDING RESPONSES TO TECHNICAL VIOLATIONS OF CONDITIONS OF                                                            
27 PROBATION,] in a way that is intended to interrupt negative behavior in a swift,                                        
28 certain, and proportional manner and support progress with a recognition of positive                                    
29       behavior;                                                                                                         
30 (7)  upon determining that a probationer under the supervision of the                                                   
31 officer meets the requirements of AS 12.55.090(g), consider recommending                                              
01       [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be                                               
02       terminated and the probationer be discharged from probation;                                                      
03 (8)  for each probationer who owes restitution and who is under the                                                     
04 supervision of the officer, create a restitution payment schedule based on the                                          
05 probationer's income and ability to pay if the court has not already set a restitution                                  
06       payment schedule;                                                                                                 
07                 (9)  accommodate the diligent efforts of each probationer to secure and                                 
08       maintain steady employment or to participate in educational courses or training                                   
09       programs when prescribing the times at which a probationer shall report;                                          
10 (10)  permit each probationer to travel in the state to make diligent                                                   
11 efforts to secure and maintain steady employment or to participate in educational                                       
12 courses or training programs if the travel is not inconsistent with other terms and                                     
13       conditions of probation;                                                                                        
14 (11)  report on the probationer by making a recommendation to                                                         
15 the court to revoke probation or to maintain existing probation conditions when                                       
16       a petition to revoke probation is filed.                                                                        
17    * Sec. 103. AS 33.16.010(c) is amended to read:                                                                      
18 (c)  Except as provided in (g) of this section, a [A] prisoner who is not                                             
19 eligible for special medical or discretionary parole, or who is not released on special                                 
20 medical or discretionary parole, shall be released on mandatory parole for the term of                                  
21 good time deductions credited under AS 33.20, if the term or terms of imprisonment                                      
22       are two years or more.                                                                                            
23    * Sec. 104. AS 33.16.010 is amended by adding a new subsection to read:                                              
24 (g)  A prisoner is not eligible for mandatory parole if the prisoner has been                                           
25       convicted of a crime under AS 11.41.100 or 11.41.110.                                                             
26    * Sec. 105. AS 33.16.060(a) is amended to read:                                                                      
27            (a)  The board shall                                                                                         
28                 (1)  serve as the parole authority for the state;                                                       
29 (2)  consider the suitability for parole of a prisoner who is eligible for                                              
30 discretionary parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST                                                 
31 DATE OF ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S                                                                  
01       APPLICATION FOR] special medical parole if                                                                      
02                      (A)  the prisoner had no disciplinary action imposed during                                      
03            incarceration; or                                                                                          
04                      (B)  the prisoner had disciplinary action imposed during                                         
05            incarceration and the prisoner filed an application with the board for                                     
06            discretionary or special medical parole;                                                                   
07                 (3)  impose parole conditions on all prisoners released under special                                   
08       medical, discretionary, or mandatory parole;                                                                      
09                 (4)  under AS 33.16.210, discharge a person from parole when custody                                    
10       is no longer required;                                                                                            
11                 (5)  maintain records of the meetings and proceedings of the board;                                     
12 (6)  recommend to the governor and the legislature changes in the law                                                   
13       administered by the board;                                                                                        
14 (7)  recommend to the governor or the commissioner changes in the                                                       
15 practices of the department and of other departments of the executive branch                                            
16       necessary to facilitate the purposes and practices of parole;                                                     
17 (8)  upon request of the governor, review and recommend applicants                                                      
18       for executive clemency; and                                                                                       
19                 (9)  execute other responsibilities prescribed by law.                                                  
20    * Sec. 106. AS 33.16.090(a) is amended to read:                                                                      
21 (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                             
22 days may, in the discretion of the board, be released on discretionary parole if the                                    
23       prisoner                                                                                                          
24 (1)  has served the amount of time specified under (b) of this section,                                                 
25       except that                                                                                                       
26 (A)  a prisoner sentenced to one or more mandatory 99-year                                                              
27 terms under AS 12.55.125(a) or one or more definite terms under                                                         
28            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
29 (B)  a prisoner is not eligible for consideration of discretionary                                                      
30            parole if made ineligible by order of a court under AS 12.55.115;                                            
31 (C)  a prisoner imprisoned under AS 12.55.086 is not eligible                                                           
01 for discretionary parole unless the actual term of imprisonment is more than                                            
02            one year;                                                                                                    
03 (D)  a prisoner sentenced to a single sentence within or                                                              
04 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3)                                            
05 and (4), or (i) who has not been allowed by the three-judge panel under                                               
06 AS 12.55.175 to be considered for discretionary parole release is not                                                 
07            eligible for consideration of discretionary parole;                                                        
08 (E)  a prisoner sentenced to a single sentence, including a                                                           
09 consecutive or partially consecutive sentence, that is not eligible for a good                                        
10 time deduction under AS 33.20.010(a)(3) and that has not been allowed by                                              
11 the three-judge panel under AS 12.55.175 to be considered for                                                         
12 discretionary parole release is not eligible for consideration of                                                     
13            discretionary parole; or                                                                                   
14 (2)  is at least 60 years of age, has served at least 10 years of a sentence                                            
15 for one or more crimes in a single judgment, and has not been convicted of an                                           
16       unclassified felony or a sexual felony as defined in AS 12.55.185.                                                
17    * Sec. 107. AS 33.16.090(b) is amended to read:                                                                      
18            (b)  A prisoner eligible under (a)(1) of this section who is sentenced                                       
19 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                                       
20 released on discretionary parole until the prisoner has served the mandatory minimum                                    
21       term under AS 12.55.125(a) or (b),                                                                                
22 (A)  two-thirds of the active term of imprisonment imposed,                                                           
23 or any term set under AS 12.55.115, whichever is greatest, for a conviction                                           
24            under AS 11.41.100 or 11.41.110;                                                                           
25 (B)  one-half [ONE-THIRD] of the active term of                                                                       
26 imprisonment imposed, or any term set under AS 12.55.115, whichever is                                                  
27            greatest, for a conviction for an offense not listed in (A) of this paragraph;                             
28 (2)  [TO A SINGLE SENTENCE WITHIN OR BELOW A                                                                            
29 PRESUMPTIVE RANGE SET OUT IN AS 12.55.125(i)(1) AND (2), AND HAS                                                        
30 NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER AS 12.55.175                                                            
31 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, MAY NOT                                                              
01       BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE PRISONER HAS                                                        
02       SERVED THE TERM IMPOSED, LESS GOOD TIME EARNED UNDER                                                              
03       AS 33.20.010;                                                                                                     
04 (3)]  to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and                                            
05 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under                                    
06 AS 12.55.175 to be considered for discretionary parole release during the second half                                   
07       of the sentence, may not be released on discretionary parole until                                                
08                      (A)  the prisoner has served that portion of the active term of                                    
09            imprisonment required by the three-judge panel; and                                                          
10 (B)  in addition to the factors set out in AS 33.16.100(a), the                                                         
11            board determines that                                                                                        
12 (i)  the prisoner has successfully completed all                                                                        
13 rehabilitation programs ordered by the three-judge panel that were                                                      
14                 made available to the prisoner; and                                                                     
15 (ii)  the prisoner would not constitute a danger to the                                                                 
16                 public if released on parole;                                                                           
17 (3) [(4)]  to a single enhanced sentence under AS 12.55.155(a) that is                                                
18 above the applicable presumptive range may not be released on discretionary parole                                      
19       until the prisoner has served the greater of the following:                                                       
20 (A)  an amount of time, less good time earned under                                                                     
21 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                           
22            of the amount of time above the presumptive range; or                                                        
23                      (B)  any term set under AS 12.55.115;                                                              
24 (4) [(5)]  to a single sentence under any other provision of law may not                                              
25 be released on discretionary parole until the prisoner has served at least one-fourth of                                
26 the active term of imprisonment, any mandatory minimum sentence imposed under                                           
27       any provision of law, or any term set under AS 12.55.115, whichever is greatest;                                  
28 (5) [(6)]  to concurrent sentences may not be released on discretionary                                               
29       parole until the prisoner has served the greatest of                                                              
30 (A)  any mandatory minimum sentence or sentences imposed                                                                
31            under any provision of law;                                                                                  
01                      (B)  any term set under AS 12.55.115; or                                                           
02                      (C)  the amount of time that is required to be served under (1) -                                
03            (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary                         
04            crime, had that been the only sentence imposed;                                                              
05                 (6) [(7)]  to consecutive or partially consecutive sentences may not be                               
06       released on discretionary parole until the prisoner has served the greatest of                                    
07                      (A)  the composite total of any mandatory minimum sentence or                                      
08            sentences imposed under any provision of law, including AS 12.55.127;                                        
09                      (B)  any term set under AS 12.55.115; or                                                           
10 (C)  the amount of time that is required to be served under (1) -                                                     
11 (4) or (7) [(1) - (5)] of this subsection for the sentence imposed for the primary                                    
12 crime, had that been the only sentence imposed, plus one-quarter of the                                                 
13 composite total of the active term of imprisonment imposed as consecutive or                                            
14 partially consecutive sentences imposed for all crimes other than the primary                                           
15            crime;                                                                                                       
16 (7) [(8)]  to a single sentence under AS 12.55.125(d) for an offense                                                
17 under AS 11.71.030(a)(2) or (9) [AS 12.55.125(i)(3) AND (4)], and has not been                                        
18 allowed by the three-judge panel under AS 12.55.175 to be considered for                                                
19 discretionary parole release, may not be released on discretionary parole until the                                     
20 prisoner has served [, AFTER A DEDUCTION FOR GOOD TIME EARNED                                                           
21       UNDER AS 33.20.010,] one-half of the active term of imprisonment imposed.                                         
22    * Sec. 108. AS 33.16.100(a) is amended to read:                                                                      
23 (a)  The board may authorize the release of a prisoner [CONVICTED OF AN                                                 
24 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and                                                   
25 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability                                    
26       exists that                                                                                                       
27 (1)  the prisoner will live and remain at liberty without violating any                                                 
28       laws or conditions imposed by the board;                                                                          
29 (2)  the prisoner's rehabilitation and reintegration into society will be                                               
30       furthered by release on parole;                                                                                   
31 (3)  the prisoner will not pose a threat of harm to the public if released                                              
01       on parole; and                                                                                                    
02                 (4)  release of the prisoner on parole would not diminish the                                           
03       seriousness of the crime.                                                                                         
04    * Sec. 109. AS 33.16.100 is amended by adding a new subsection to read:                                              
05 (h)  If the board considers an application for discretionary parole and denies                                          
06 parole because the prisoner does not meet the standards in (a) or (g) of this section, the                              
07 board may make the prisoner ineligible for further consideration of discretionary                                       
08 parole or require that additional time be served before the prisoner is again eligible for                              
09       consideration for discretionary parole.                                                                           
10    * Sec. 110. AS 33.16.130(a) is repealed and reenacted to read:                                                       
11 (a)  A prisoner eligible for discretionary parole may apply to the board for                                            
12 discretionary parole. As part of the application for parole, the prisoner shall submit to                               
13 the board a parole release plan that includes information concerning the prisoner's plan                                
14       for employment, residence, and rehabilitation if released on parole.                                              
15    * Sec. 111. AS 33.16.130(b) is amended to read:                                                                      
16 (b)  Before the board determines a prisoner's suitability for discretionary                                           
17 parole, the prisoner is entitled to a hearing before the board. The commissioner or                                   
18 the commissioner's designee shall furnish to the prisoner a copy of the preparole                                       
19 reports listed in AS 33.16.110(a), and the prisoner shall be permitted access to all                                    
20 records that the board will consider in making its decision except those that are made                                  
21 confidential by law. The prisoner may also respond in writing to all materials the                                      
22       board considers, be present at the hearing, and present evidence to the board.                                    
23    * Sec. 112. AS 33.16.170 is amended by adding a new subsection to read:                                              
24 (d)  Except for portions containing personal medical, mental health, or                                                 
25 substance abuse treatment information or information that is otherwise required to be                                   
26 kept confidential by state or federal law, decisions of the board, orders for parole, and                               
27 parole conditions imposed by the board are not confidential. The board shall post all                                   
28 decisions, orders of parole, and conditions imposed on a publicly available Internet                                    
29       website with any confidential portions redacted.                                                                  
30    * Sec. 113. AS 33.16.210(c) is amended to read:                                                                      
31 (c)  At the discretion of a parole officer, a [A] parole officer may [SHALL]                                        
01       recommend to the board early discharge for a parolee who                                                          
02                 (1)  has completed at least one year on parole;                                                         
03                 (2)  has completed all treatment programs required as a condition of                                    
04       parole;                                                                                                           
05 (3)  is currently in compliance with all conditions of parole for all                                                 
06 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN                                                 
07 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST                                                             
08       ONE YEAR]; and                                                                                                    
09                 (4)  has not been convicted of                                                                          
10                      (A)  an unclassified felony offense under AS 11;                                                   
11                      (B)  a sexual felony as defined in AS 12.55.185; or                                                
12 (C)  a crime involving domestic violence as defined in                                                                  
13            AS 18.66.990.                                                                                                
14    * Sec. 114. AS 33.16.220(b) is amended to read:                                                                      
15 (b)  Except as provided in (e) of this section, within 15 working days after the                                        
16 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER                                   
17 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its                                                        
18 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its                                 
19 designee shall determine if there is probable cause to believe that the parolee violated                                
20 the conditions of parole and, when probable cause exists, whether the parolee should                                    
21 be released pending a final revocation hearing. A finding of probable cause at a                                        
22 preliminary hearing in a criminal case is conclusive proof of probable cause that a                                     
23       parole violation occurred.                                                                                        
24    * Sec. 115. AS 33.16.220(i) is amended to read:                                                                      
25 (i)  If, after the final revocation hearing, the board finds that the parolee has                                       
26 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                                  
27 ordinance, the board may revoke all or a portion of the remaining period of parole                                      
28 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition                                                
29 of parole. A parolee's period of parole is tolled from the date of filing with the parole                               
30 board of a violation report until the date of the final revocation hearing [FOR                                       
31 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE                                                                 
01 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE                                                                   
02 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE                                                       
03 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE                                                                    
04 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE                                                                
05 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN                                                                 
06       TOLLED AS DESCRIBED IN THIS SECTION].                                                                             
07    * Sec. 116. AS 33.16.270 is amended to read:                                                                         
08 Sec. 33.16.270. Earned compliance credits. The commissioner shall establish                                             
09 by regulation a program allowing parolees to earn credits for complying with the                                        
10 conditions of parole. The earned compliance credits reduce the period of parole.                                        
11 Nothing in this section prohibits the department from recommending to the board the                                     
12 early discharge of the parolee as provided in this chapter. At a minimum, the                                           
13       regulations must                                                                                                  
14 (1)  require that a parolee earn a credit of 10 [30] days for each 30-day                                             
15       period served in which the parolee complied with the conditions of parole;                                        
16                 (2)  include policies and procedures for                                                                
17                      (A)  calculating and tracking credits earned by parolees;                                          
18 (B)  reducing the parolee's period of parole based on credits                                                           
19            earned by the parolee and notifying a victim under AS 33.30.013;                                             
20 (3)  require that a parolee convicted of [A SEX OFFENSE AS                                                              
21 DEFINED IN AS 12.63.100 OR] a crime involving domestic violence complete all                                            
22 treatment programs required as a condition of parole before discharge based on credits                                  
23       earned under this section.                                                                                        
24    * Sec. 117. AS 33.16.270 is amended by adding a new subsection to read:                                              
25 (b)  A parolee may not earn credits under (a) of this section if the parolee is on                                      
26       parole for                                                                                                        
27                 (1)  an unclassified felony;                                                                            
28                 (2)  a sex offense as defined in AS 12.63.100;                                                          
29                 (3)  a felony crime against a person under AS 11.41;                                                    
30 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                                   
31       that is an offense under AS 11.41.                                                                                
01    * Sec. 118. AS 33.20.010(a) is amended to read:                                                                      
02 (a)  Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner                                                 
03 convicted of an offense against the state or a political subdivision of the state and                                   
04 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction                                  
05 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner                                 
06 follows the rules of the correctional facility in which the prisoner is confined. A                                     
07       prisoner is not eligible for a good time deduction if the prisoner has been sentenced                             
08                 (1)  to a mandatory 99-year term of imprisonment under                                                  
09       AS 12.55.125(a) after June 27, 1996;                                                                              
10                 (2)  to a definite term under AS 12.55.125(l);                                                          
11                 (3)  for a sexual felony under AS 12.55.125(i)                                                          
12 (A)  and has one or more prior sexual felony convictions as                                                             
13            determined under AS 12.55.145(a)(4); or                                                                      
14                      (B)  that is an unclassified or a class A felony; or                                               
15 (4)  for an unclassified felony under AS 11.41.100 or 11.41.110 [TO                                                   
16 A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 10 DAYS FOR                                                            
17       A TECHNICAL VIOLATION OF AS 12.55.110(c) OR AS 33.16.215].                                                        
18    * Sec. 119. AS 33.20.010(c) is repealed and reenacted to read:                                                       
19 (c)  A prisoner may not be awarded a good time deduction under (a) of this                                              
20 section for any period spent in a treatment program, in a private residence, or on                                      
21       electronic monitoring.                                                                                            
22    * Sec. 120. AS 33.30.011(a) is amended to read:                                                                      
23            (a)  The commissioner shall                                                                                  
24 (1)  establish, maintain, operate, and control correctional facilities                                                  
25 suitable for the custody, care, and discipline of persons charged or convicted of                                       
26 offenses against the state or held under authority of state law; each correctional facility                             
27 operated by the state shall be established, maintained, operated, and controlled in a                                   
28       manner that is consistent with AS 33.30.015;                                                                      
29                 (2)  classify prisoners;                                                                                
30 (3)  for persons committed to the custody of the commissioner,                                                          
31       establish programs, including furlough programs that are reasonably calculated to                                 
01                      (A)  protect the public and the victims of crimes committed by                                     
02            prisoners;                                                                                                   
03                      (B)  maintain health;                                                                              
04                      (C)  create or improve occupational skills;                                                        
05                      (D)  enhance educational qualifications;                                                           
06                      (E)  support court-ordered restitution; and                                                        
07                      (F)  otherwise provide for the rehabilitation and reformation of                                   
08            prisoners, facilitating their reintegration into society;                                                    
09                 (4)  provide necessary                                                                                  
10 (A)  medical services for prisoners in correctional facilities or                                                       
11 who are committed by a court to the custody of the commissioner, including                                              
12            examinations for communicable and infectious diseases;                                                       
13 (B)  psychological or psychiatric treatment if a physician or                                                           
14 other health care provider, exercising ordinary skill and care at the time of                                           
15            observation, concludes that                                                                                  
16 (i)  a prisoner exhibits symptoms of a serious disease or                                                               
17                 injury that is curable or may be substantially alleviated; and                                          
18 (ii)  the potential for harm to the prisoner by reason of                                                               
19                 delay or denial of care is substantial; and                                                             
20 (C)  assessment or screening of the risks and needs of offenders                                                        
21 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                                         
22 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                               
23            disorder;                                                                                                    
24 (5)  establish minimum standards for sex offender treatment programs                                                    
25       offered to persons who are committed to the custody of the commissioner;                                          
26 (6)  provide for fingerprinting in correctional facilities in accordance                                                
27       with AS 12.80.060;                                                                                                
28 (7)  establish a program to conduct assessments of the risks and needs                                                  
29 of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND                                  
30 PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY                                                             
31 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST                                                             
01 REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING                                                               
02 THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a                                                    
03 requirement for an assessment before a prisoner's release on parole, furlough, or                                       
04       electronic monitoring from a correctional facility;                                                               
05                 (8)  establish a procedure that provides for each prisoner required to                                  
06 serve an active term of imprisonment of 90 [30] days or more a written case plan that                                 
07 (A)  takes effect and is provided to the prisoner within 90 days                                                      
08            after sentencing;                                                                                            
09                      (B)  is based on the results of the assessment of the prisoner's                                   
10            risks and needs under (7) of this subsection;                                                                
11 (C)  includes a requirement to follow the rules of the institution;                                                     
12 (D)  is modified when necessary for changes in classification,                                                          
13            housing status, medical or mental health, and resource availability;                                         
14 (E)  includes participation in programming that addresses the                                                           
15            needs identified in the assessment;                                                                          
16 (9)  establish a program to begin reentry planning with each prisoner                                                   
17 serving an active term of imprisonment of 90 days or more; reentry planning must                                        
18 begin at least 90 days before release on furlough or probation or parole; the reentry                                   
19       program must include                                                                                              
20 (A)  a written reentry plan for each prisoner completed upon                                                            
21 release on furlough or probation or parole that includes information on the                                             
22            prisoner's proposed                                                                                          
23                           (i)  residence;                                                                               
24                           (ii)  employment or alternative means of support;                                             
25                           (iii)  treatment options;                                                                     
26                           (iv)  counseling services;                                                                    
27                           (v)  education or job training services;                                                      
28 (B)  any other requirements for successful transition back to the                                                       
29 community, including electronic monitoring or furlough for the period between                                           
30            a scheduled parole hearing and parole eligibility;                                                           
31 (C)  coordination with the Department of Labor and Workforce                                                            
01            Development to provide access, after release, to job training and employment                                 
02            assistance; and                                                                                            
03                      (D)  coordination with community reentry coalitions or                                           
04            other providers of reentry services if available;                                                          
05                 (10)  for offenders under electronic monitoring, establish                                              
06                      (A)  minimum standards for electronic monitoring, which may                                        
07            include the requirement of active, real-time monitoring using global                                         
08            positioning systems; and                                                                                     
09                      (B)  procedures for oversight and approving electronic                                             
10            monitoring programs and systems provided by private contractors; [AND]                                       
11 (11)  assist a prisoner in obtaining a valid state identification card if the                                           
12 prisoner does not have a valid state identification card before the prisoner's release; the                             
13       department shall pay the application fee for the identification card; and                                       
14 (12)  provide to the legislature, by electronic means, by January 10                                                  
15 preceding the first regular session of each legislature, a report summarizing the                                     
16 findings and results of the program established under (7) of this subsection; the                                     
17       report must include                                                                                             
18 (A)  the number of prisoners who were provided with                                                                   
19            written case plans under (8) of this subsection;                                                           
20 (B)  the number of written case plans under (8) of this                                                               
21            subsection initiated within the preceding year; and                                                        
22 (C)  the number of written case plans under (8) of this                                                               
23            subsection that were updated in the preceding year.                                                        
24    * Sec. 121. AS 34.03.360(7) is amended to read:                                                                      
25 (7)  "illegal activity involving a controlled substance" means a violation                                              
26 of AS 11.71.010(a), 11.71.021, 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) -                                 
27       (8)], or 11.71.040(a)(1), (2), or (5);                                                                            
28    * Sec. 122. AS 44.19.645(g) is amended to read:                                                                      
29 (g)  The Department of Corrections shall report quarterly to the working group                                          
30 authorized in (b)(3) of this section. The report shall include the following information:                               
31 (1)  data on pretrial decision making and outcomes, including                                                           
01 information on pretrial detainees admitted for a new criminal charge; detainees                                         
02 released at any point before case resolution; time spent detained before first release or                               
03 case resolution; pretrial defendant risk level and charge; pretrial release                                             
04 recommendations made by pretrial services officers; pretrial conditions imposed on                                      
05 pretrial detainees by judicial officers, including amount of bail, and supervision                                      
06 conditions; and information on pretrial outcomes, including whether or not the                                          
07       defendant appeared in court or was re-arrested during the pretrial period;                                        
08 (2)  data on offenders admitted to the Department of Corrections for a                                                  
09 new criminal conviction, including the offense type, number of prior felony                                             
10       convictions, sentence length, and length of stay;                                                                 
11 (3)  data on the population of the Department of Corrections, using a                                                   
12 one-day snapshot on the first day of the first month of each quarter, broken down by                                    
13       type of admission, offense type, and risk level;                                                                  
14 (4)  data on offenders on probation supervised by the Department of                                                     
15 Corrections, including the total number of offenders supervised using a one-day                                         
16 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
17 program under AS 33.05.020(f); probation sentence length; time served on the                                            
18 sentence; whether probation was successfully completed, any new convictions for a                                       
19       felony offense, and any sentences to a term of imprisonment while on probation;                                   
20 (5)  data on parole, including the number of offenders supervised on                                                    
21 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
22 parole hearings; the parole grant rate and number of parolees released on discretionary                                 
23 and special medical parole; and information on parolees, including time spent on                                        
24 parole, whether parole was successfully completed, any new convictions for a new                                        
25       felony offense, and any sentences to a term of imprisonment while on parole;                                      
26 (6)  data on the implementation of policies from the 2015 justice                                                       
27 reinvestment report, including the number and percentage of offenders who earn                                          
28 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                         
29 and the total amount of credits earned; the average number of sanctions issued under                                    
30 as 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                                  
31       common violations of probation or parole; and                                                                     
01 (7)  data on probation and parole revocations, including information on                                                 
02 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
03 resolution; [PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A                                                            
04 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest; the                                          
05 number of previous revocations on the current sentence, if any; the length of time held                                 
06       pre-case resolution; the length of time to case resolution; and the length of stay.                               
07    * Sec. 123. AS 44.19.647(a) is amended to read:                                                                      
08            (a)  The commission shall submit to the governor and the legislature an annual                               
09       report. The report must include                                                                                   
10                 (1)  a description of its proceedings for the previous calendar year;                                   
11 (2)  a summary of savings and recommendations on how savings from                                                       
12       criminal justice reform should be reinvested to reduce recidivism;                                                
13 (3)  performance metrics and outcomes from the recommendations the                                                      
14       commission made in its December 2015 report, including recidivism rates, defined as                               
15 (A)  the percentage of inmates who return to prison within three                                                        
16            years after release, broken down by offense type and risk level; and                                         
17 (B)  the percentage of inmates who return to prison within three                                                        
18 years after release for a new criminal conviction, broken down by offense type                                          
19            and risk level; [AND]                                                                                        
20 (4)  recommendations for additional reforms, which may include                                                          
21       recommendations for legislative and administrative action; and                                                  
22                 (5)  data reported by the Department of Law under AS 44.23.040.                                       
23    * Sec. 124. AS 44.23.020 is amended by adding a new subsection to read:                                              
24 (k)  The attorney general, in consultation with the commissioner of public                                              
25       safety, shall                                                                                                     
26 (1)  develop a tool to track felony sex offenses reported to the                                                        
27 Department of Public Safety by geographic location; the tracking tool must include a                                    
28 means to record the reason a reported offense was not referred for prosecution or, if                                   
29 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex                                
30 offense charged as a felony resulted in a conviction of an offense other than a sex                                     
31       offense under a plea agreement;                                                                                   
01                 (2)  develop regulations and procedures to implement the requirements                                   
02       established under (1) of this subsection; and                                                                     
03                 (3)  provide training for the implementation of the regulations and                                     
04       procedures established under (2) of this subsection in each state department as                                   
05       necessary.                                                                                                        
06    * Sec. 125. AS 44.23.040 is amended by adding a new subsection to read:                                              
07            (b)  The Department of Law, in consultation with the Department of Public                                    
08       Safety, shall gather and report data on felony sex offenses to the Alaska Judicial                                
09       Council. The data must include                                                                                    
10 (1)  the number of felony sex offenses reported to the Department of                                                    
11       Public Safety that were not referred for prosecution;                                                             
12 (2)  the number of felony sex offenses referred for prosecution that                                                    
13       were not prosecuted;                                                                                              
14 (3)  the number of felony sex offenses that resulted in a conviction for a                                              
15       crime other than a sex offense; and                                                                               
16 (4)  the number of sex offenses referred for prosecution that were                                                      
17 charged as a felony and, under a plea agreement, resulted in a conviction for a crime                                   
18       other than a sex offense.                                                                                         
19    * Sec. 126. AS 44.41 is amended by adding a new section to read:                                                     
20 Sec. 44.41.065. Sexual assault examination kits. (a) When a law enforcement                                             
21       agency collects a sexual assault examination kit under AS 18.68.010, the agency shall                             
22 (1)  within 30 days after the agency collects the sexual assault                                                        
23 examination kit, send the sexual assault examination kit to an accredited laboratory in                                 
24 coordination with the Department of Public Safety or a laboratory operated by the                                       
25       Department of Public Safety;                                                                                      
26 (2)  ensure that the laboratory to which the sexual assault examination                                                 
27 kit is sent under (1) of this subsection conducts a serological or DNA test on the                                      
28 sexual assault examination kit within one year after the laboratory receives the sexual                                 
29       assault examination kit; and                                                                                      
30 (3)  within two weeks after the laboratory that receives the sexual                                                     
31 assault examination kit under (1) of this subsection completes serological or DNA                                       
01       testing, make a reasonable effort to notify the victim from whom the sexual assault                               
02       examination kit was collected that the sexual assault examination kit has been tested.                            
03            (b)  A criminal action may not be dismissed nor the evidence deemed                                          
04       nonadmissible for failure to be tested within the times established in (a)(1) and (2) of                          
05       this section.                                                                                                     
06            (c)  If a case is resolved before a sexual assault examination kit is tested, a law                          
07       enforcement agency is not required to meet the time limits established in (a) of this                             
08       section.                                                                                                          
09            (d)  In this section,                                                                                        
10 (1)  "law enforcement agency" and "agency" have the meaning given to                                                    
11       "law enforcement agency" in AS 12.36.090;                                                                         
12                 (2)  "victim" has the meaning given in AS 11.41.470.                                                    
13    * Sec. 127. AS 44.41.070(a) is amended to read:                                                                      
14 (a)  By September 1 of each year, each law enforcement agency and state                                                 
15 department charged with the maintenance, storage, and preservation of sexual assault                                    
16 examination kits shall conduct an inventory of untested sexual assault examination kits                                 
17 and report, in writing, to the Department of Public Safety the number of untested                                       
18 sexual assault examination kits in the possession of the agency or department, the                                    
19 number of sexual assault examination kits that the law enforcement agency or                                          
20 state department has determined are ineligible for testing under (e) of this                                          
21 section, with the reason or reasons the untested sexual assault examination kits                                      
22 were determined to be ineligible for testing, and the date on which each untested                                     
23       sexual assault examination kit was collected.                                                                     
24    * Sec. 128. AS 44.41.070(b) is amended to read:                                                                      
25 (b)  By November 1 of each year, the Department of Public Safety shall                                                  
26 prepare and transmit a report to the president of the senate and the speaker of the                                     
27       house of representatives that contains                                                                            
28 (1)  the number of untested sexual assault examination kits stored by                                                   
29 each law enforcement agency or department and the number of sexual assault                                            
30 examination kits that the law enforcement agency or state department has                                              
31 determined are ineligible for testing under (e) of this section, with the reason or                                   
01       reasons the untested sexual assault examination kits were determined to be                                      
02       ineligible for testing;                                                                                         
03                 (2)  the date each untested sexual assault examination kit was collected;                               
04       and                                                                                                               
05                 (3)  a plan for addressing the backlog and prevention of a backlog of                                   
06       untested sexual assault examination kits.                                                                         
07    * Sec. 129. AS 44.41.070 is amended by adding a new subsection to read:                                              
08            (e)  A sexual assault examination kit is ineligible for testing if the law                                   
09       enforcement agency or state department finds that the sexual assault examination kit                              
10                 (1)  is scientifically unviable;                                                                        
11 (2)  does not meet eligibility requirements for inclusion in the                                                        
12       Combined DNA Index System database; or                                                                            
13 (3)  was collected from a person who reported a sexual assault                                                          
14       anonymously.                                                                                                      
15    * Sec. 130. AS 47.12.315(a) is amended to read:                                                                      
16 (a)  Notwithstanding AS 47.12.310 and except as otherwise provided in this                                              
17 section, the department shall disclose information to the public, on request, concerning                                
18 a minor subject to this chapter who was at least 13 years of age at the time of                                         
19       commission of                                                                                                     
20                 (1)  a felony offense against a person under AS 11.41;                                                  
21                 (2)  arson in the first or second degree;                                                               
22                 (3)  burglary in the first degree;                                                                      
23                 (4)  distribution of child pornography;                                                                 
24                 (5)  sex trafficking in the first degree;                                                               
25 (6)  misconduct involving a controlled substance in the first, [OR]                                                   
26       second, or third degrees involving distribution or possession with intent to deliver; or                        
27                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
28    * Sec. 131. AS 47.17.020(a) is amended to read:                                                                      
29 (a)  The following persons who, in the performance of their occupational                                                
30 duties, their appointed duties under (8) of this subsection, or their volunteer duties                                  
31 under (9) of this subsection, have reasonable cause to suspect that a child has suffered                                
01 harm as a result of child abuse or neglect shall immediately report the harm to the                                     
02 nearest office of the department and, if the harm appears to be a result of a                                         
03 suspected sex offense, shall immediately report the harm to the nearest law                                           
04       enforcement agency:                                                                                             
05                 (1)  practitioners of the healing arts;                                                                 
06                 (2)  school teachers and school administrative staff members, including                                 
07       athletic coaches, of public and private schools;                                                                  
08                 (3)  peace officers and officers of the Department of Corrections;                                      
09                 (4)  administrative officers of institutions;                                                           
10                 (5)  child care providers;                                                                              
11 (6)  paid employees of domestic violence and sexual assault programs,                                                   
12       and crisis intervention and prevention programs as defined in AS 18.66.990;                                       
13 (7)  paid employees of an organization that provides counseling or                                                      
14       treatment to individuals seeking to control their use of drugs or alcohol;                                        
15 (8)  members of a child fatality review team established under                                                          
16 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created                                     
17       under AS 47.14.300;                                                                                               
18 (9)  volunteers who interact with children in a public or private school                                                
19       for more than four hours a week.                                                                                  
20    * Sec. 132. AS 47.17.020(e) is amended to read:                                                                      
21 (e)  The department shall immediately notify the nearest law enforcement                                                
22       agency if the department                                                                                          
23 (1)  concludes that the harm was caused by a person who is not                                                          
24       responsible for the child's welfare;                                                                              
25                 (2)  is unable to determine                                                                             
26                      (A)  who caused the harm to the child; or                                                          
27 (B)  whether the person who is believed to have caused the                                                              
28            harm has responsibility for the child's welfare; or                                                          
29                 (3)  concludes that the report involves                                                                 
30 (A)  possible criminal sex abuse or sex offenses [CONDUCT]                                                            
31 under AS 11.41.410 - 11.41.458, AS 11.61.116, 11.61.118(a)(2),                                                        
01            11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed                                 
02            by a minor against a minor; or                                                                             
03                      (B)  abuse or neglect that results in the need for medical                                         
04            treatment of the child.                                                                                      
05    * Sec. 133. AS 47.17.020(g) is amended to read:                                                                      
06 (g)  A person required to report child abuse or neglect under (a) of this section                                       
07 who makes the report to the person's job supervisor or to another individual working                                    
08 for the entity that employs the person is not relieved of the obligation to make a [THE]                              
09       report [TO THE DEPARTMENT AS] required under (a) of this section.                                                 
10    * Sec. 134. AS 47.17.290 is amended by adding a new paragraph to read:                                               
11                 (18)  "sex offense" has the meaning given in AS 12.63.100.                                              
12    * Sec. 135. The uncodified law of the State of Alaska is amended by adding a new section                             
13 to read:                                                                                                                
14 DIRECT COURT RULE AMENDMENT. Rule 6(r)(6), Alaska Rules of                                                              
15       Criminal Procedure, is amended to read:                                                                           
16 (6)  When a prior conviction is an element of an offense [IN A                                                        
17 PROSECUTION FOR DRIVING WHILE INTOXICATED UNDER AS 28.35.030(n)                                                         
18 OR FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER                                                                       
19 AS 28.35.032(p)], hearsay evidence received through the Alaska Public Safety                                            
20 Information Network or from other government agencies of prior convictions [OF                                          
21 DRIVING WHILE INTOXICATED OR REFUSAL TO SUBMIT TO A CHEMICAL                                                            
22       TEST] may be presented to the grand jury.                                                                         
23    * Sec. 136.  The uncodified law of the State of Alaska is amended by adding a new section                            
24 to read:                                                                                                                
25 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of                                                              
26       Criminal Procedure, is amended to read:                                                                           
27 (a)  The Administrative Director of the Alaska Court System, after consultation                                         
28 with the presiding judge, Public Defender Agency, and Attorney General's Office,                                        
29 may enter into agreements with the Department of Public Safety and Department of                                        
30 Corrections which approve systems allowing judges to provide for the appearance by a                                    
31 defendant at certain criminal proceedings by way of contemporaneous two-way                                           
01       video conference [TELEVISION] equipment in lieu of the physical presence of the                                 
02       defendant in the courtroom. Such an agreement must provide for a procedure by which                               
03       the defendant may confer with the defendant's attorney in private.                                                
04    * Sec. 137.  The uncodified law of the State of Alaska is amended by adding a new section                            
05 to read:                                                                                                                
06            DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of                                                   
07       Criminal Procedure, is amended to read:                                                                           
08            (b)  In those court locations in which a contemporaneous two-way video                                     
09       conference [TELEVISION] system has been approved by the supreme court and has                                   
10 been installed, in custody defendants shall appear by way of contemporaneous two-                                     
11 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary                                         
12       bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non-                              
13 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless                                      
14 otherwise ordered for cause stated by the presiding judge. With the defendant's                                         
15 consent, sentencings may be done by way of contemporaneous two-way video                                              
16 conference [TELEVISION] in traffic and misdemeanor cases. The court may order                                       
17 a defendant to appear by contemporaneous two-way video conference at any                                              
18       other hearings.                                                                                                 
19 In any particular case, the trial court may order that the defendant be                                                 
20 transported to court for court proceedings if the trial judge finds that the defendant's                                
21       rights would be prejudiced by use of the system.                                                                  
22    * Sec. 138. AS 11.41.432(a)(2); AS 11.46.980(d), 11.46.982; AS 11.56.330(a)(3);                                      
23 AS 11.71.030(a)(1), 11.71.030(a)(4), 11.71.030(a)(5), 11.71.030(a)(6), 11.71.030(a)(7),                                 
24 11.71.030(a)(8), 11.71.030(c), 11.71.030(e), 11.71.040(a)(11), 11.71.060(a)(2)(B);                                      
25 AS 12.25.180(b)(3); AS 12.30.055(b); AS 12.55.110(c), 12.55.110(d), 12.55.110(e),                                       
26 12.55.110(f), 12.55.110(g), 12.55.110(h), 12.55.135(l), 12.55.135(m), 12.55.135(n),                                     
27 12.55.135(o), 12.55.135(p); AS 33.16.100(f), 33.16.215, 33.16.220(j), and 33.16.240(h) are                              
28 repealed.                                                                                                               
29    * Sec. 139. The uncodified law of the State of Alaska is amended by adding a new section                             
30 to read:                                                                                                                
31 REPORT TO LEGISLATURE; COMMISSIONER OF CORRECTIONS. On or                                                               
01 before January 10, 2020, the commissioner of corrections shall provide a report to the                                  
02 legislature as described under AS 33.30.011(a)(12), enacted by sec. 120 of this Act. The                                
03 commissioner shall submit the report to the senate secretary and chief clerk of the house of                            
04 representatives and notify the legislature that the report is available.                                                
05    * Sec. 140. The uncodified law of the State of Alaska is amended by adding a new section                             
06 to read:                                                                                                                
07 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections,                                                       
08 Department of Education and Early Development, and Department of Labor and Workforce                                    
09 Development shall develop a needs assessment of all rehabilitative services for each                                    
10 institution, including education, treatment, vocational education, secular and faith-based, and                         
11 pro-social programs. On or before January 31, 2020, the Department of Corrections,                                      
12 Department of Education and Early Development, and Department of Labor and Workforce                                    
13 Development shall provide a written report regarding the needs assessments to the senate                                
14 secretary and chief clerk of the house of representatives and notify the legislature that the                           
15 report is available.                                                                                                    
16    * Sec. 141. The uncodified law of the State of Alaska is amended by adding a new section                             
17 to read:                                                                                                                
18 REPORT OF THE SUPERIOR COURT REGARDING INVOLUNTARY                                                                      
19 COMMITMENT. By December 31, 2020, the superior court shall transmit the information                                     
20 under AS 47.30.907(a), if known, to the Department of Public Safety for all orders of the                               
21 superior court issued on or after January 1, 2011, for the involuntary commitment of a person                           
22 under AS 47.30.735 - 47.30.755 or for orders of relief from a disability resulting from an                              
23 involuntary commitment or an adjudication of mental illness or mental incompetence granted                              
24 under AS 47.30.851(b).                                                                                                  
25    * Sec. 142. The uncodified law of the State of Alaska is amended by adding a new section                             
26 to read:                                                                                                                
27 APPLICABILITY. (a) The following sections apply to offenses committed on or after                                       
28 the effective date of those sections:                                                                                   
29 (1)  AS 11.41.110(a), as amended by sec. 2 of this Act;                                                                 
30 (2)  AS 11.41.150(a), as amended by sec. 3 of this Act;                                                                 
31 (3)  AS 11.41.420(a), as amended by sec. 4 of this Act;                                                                 
01 (4)  AS 11.41.425(a), as amended by sec. 5 of this Act;                                                                 
02            (5)  AS 11.41.432(b), as amended by sec. 6 of this Act;                                                      
03            (6)  AS 11.41.432(c), as amended by sec. 7 of this Act;                                                      
04            (7)  AS 11.41.432(d) and (e), enacted by sec. 8 of this Act;                                                 
05            (8)  AS 11.41.438(b), as amended by sec. 9 of this Act;                                                      
06            (9)  AS 11.41.438(c), enacted by sec. 10 of this Act;                                                        
07 (10)  AS 11.41.452(a), as amended by sec. 11 of this Act;                                                               
08 (11)  AS 11.41.452(d), as amended by sec. 12 of this Act;                                                               
09 (12)  AS 11.41.452(e), as amended by sec. 13 of this Act;                                                               
10 (13)  AS 11.41.455(c), as amended by sec. 14 of this Act;                                                               
11            (14)  AS 11.41.458, as amended by sec. 15 of this Act;                                                       
12 (15)  AS 11.46.130(a), as amended by sec. 16 of this Act;                                                               
13 (16)  AS 11.46.140(a), as amended by sec. 17 of this Act;                                                               
14 (17)  AS 11.46.150(a), as amended by sec. 18 of this Act;                                                               
15 (18)  AS 11.46.220(c), as amended by sec. 19 of this Act;                                                               
16 (19)  AS 11.46.260(b), as amended by sec. 20 of this Act;                                                               
17 (20)  AS 11.46.270(b), as amended by sec. 21 of this Act;                                                               
18 (21)  AS 11.46.280(d), as amended by sec. 22 of this Act;                                                               
19            (22)  AS 11.46.285, as amended by sec. 23 of this Act;                                                       
20            (23)  AS 11.46.295, as amended by sec. 24 of this Act;                                                       
21 (24)  AS 11.46.360(a), as amended by sec. 25 of this Act;                                                               
22            (25)  AS 11.46.370, enacted by sec. 26 of this Act;                                                          
23 (26)  AS 11.46.482(a), as amended by sec. 27 of this Act;                                                               
24 (27)  AS 11.46.484(a), as amended by sec. 28 of this Act;                                                               
25 (28)  AS 11.46.486(a), as amended by sec. 29 of this Act;                                                               
26 (29)  AS 11.46.530(b), as amended by sec. 30 of this Act;                                                               
27 (30)  AS 11.46.620(d), as amended by sec. 31 of this Act;                                                               
28 (31)  AS 11.46.730(c), as amended by sec. 32 of this Act;                                                               
29            (32)  AS 11.46.980(e), enacted by sec. 33 of this Act;                                                       
30 (33)  AS 11.56.310(a), as amended by sec. 34 of this Act;                                                               
31 (34)  AS 11.56.320(a), as amended by sec. 35 of this Act;                                                               
01 (35)  AS 11.56.730(a), as amended by sec. 36 of this Act;                                                               
02 (36)  AS 11.56.730(d), as amended by sec. 37 of this Act;                                                               
03 (37)  AS 11.56.757(b), as amended by sec. 38 of this Act;                                                               
04 (38)  AS 11.56.810(a), as amended by sec. 39 of this Act;                                                               
05 (39)  AS 11.61.110(c), as amended by sec. 40 of this Act;                                                               
06 (40)  AS 11.61.120(a), as amended by sec. 41 of this Act;                                                               
07 (41)  AS 11.61.123(a), as amended by sec. 42 of this Act;                                                               
08 (42)  AS 11.61.123(c), as amended by sec. 43 of this Act;                                                               
09 (43)  AS 11.61.123(d), as amended by sec. 44 of this Act;                                                               
10            (44)  AS 11.61.123(f), as amended by sec. 45 of this Act;                                                    
11            (45)  AS 11.61.123(g), enacted by sec. 46 of this Act;                                                       
12            (46)  AS 11.61.124, enacted by sec. 47 of this Act;                                                          
13            (47)  AS 11.71.021, enacted by sec. 48 of this Act;                                                          
14 (48)  AS 11.71.030(a), as amended by sec. 49 of this Act;                                                               
15 (49)  AS 11.71.030(d), as amended by sec. 50 of this Act;                                                               
16 (50)  AS 11.71.040(a), as amended by sec. 51 of this Act;                                                               
17 (51)  AS 11.71.040(d), as amended by sec. 52 of this Act;                                                               
18            (52)  AS 11.71.050, as amended by sec. 53 of this Act;                                                       
19            (53)  AS 11.71.060, as amended by sec. 54 of this Act;                                                       
20 (54)  AS 11.71.311(a), as amended by sec. 55 of this Act;                                                               
21 (55)  AS 12.30.006(b), as amended by sec. 56 of this Act;                                                               
22 (56)  AS 12.30.006(c), as amended by sec. 57 of this Act;                                                               
23 (57)  AS 12.30.006(d), as amended by sec. 58 of this Act;                                                               
24            (58)  AS 12.30.011, as repealed and reenacted by sec. 59 of this Act;                                        
25            (59)  AS 12.30.021(a), as amended by sec. 60 of this Act;                                                    
26            (60)  AS 12.30.021(c), as amended by sec. 61 of this Act;                                                    
27            (61)  AS 12.70.130, as amended by sec. 86 of this Act;                                                       
28            (62)  AS 28.15.291(a), as amended by sec. 92 of this Act;                                                    
29            (63)  AS 28.15.291(b), as amended by sec. 93 of this Act.                                                    
30       (b)  The following sections apply to sentences imposed on or after the effective date of                          
31 those sections for conduct occurring on or after the effective date of those sections:                                  
01            (1)  AS 12.55.015(l), enacted by sec. 62 of this Act;                                                        
02            (2)  AS 12.55.027(f), as amended by sec. 65 of this Act;                                                     
03            (3)  AS 12.55.027(i), enacted by sec. 66 of this Act;                                                        
04 (4)  AS 12.55.051(a), as amended by sec. 67 of this Act;                                                                
05 (5)  AS 12.55.125(c), as amended by sec. 70 of this Act;                                                                
06 (6)  AS 12.55.125(d), as amended by sec. 71 of this Act;                                                                
07 (7)  AS 12.55.125(e), as amended by sec. 72 of this Act;                                                                
08            (8)  AS 12.55.125(i), as amended by sec. 73 of this Act;                                                     
09            (9)  AS 12.55.125(q), as amended by sec. 74 of this Act;                                                     
10            (10)  AS 12.55.135(a), as amended by sec. 75 of this Act;                                                    
11            (11)  AS 12.55.135(b), as amended by sec. 76 of this Act;                                                    
12            (12)  AS 12.55.145(a), as amended by sec. 77 of this Act;                                                    
13 (13)  AS 12.55.185(10), as amended by sec. 78 of this Act;                                                              
14 (14)  AS 12.55.185(16), as amended by sec. 79 of this Act;                                                              
15 (15)  AS 28.35.030(k), as amended by sec. 94 of this Act;                                                               
16            (16)  AS 28.35.030(v) and (w), enacted by sec. 96 of this Act;                                               
17 (17)  AS 28.35.032(o), as amended by sec. 97 of this Act;                                                               
18            (18)  AS 33.16.090(a), as amended by sec. 106 of this Act;                                                   
19            (19)  AS 33.16.090(b), as amended by sec. 107 of this Act;                                                   
20            (20)  AS 33.20.010(a), as amended by sec. 118 of this Act;                                                   
21            (21)  AS 33.20.010(c), as repealed and reenacted by sec. 119 of this Act;                                    
22            (22)  AS 33.30.011(a), as amended by sec. 120 of this Act.                                                   
23       (c)  The following sections apply to the duty to register as a sex offender for offenses                          
24 committed on or after the effective date of those sections:                                                             
25            (1)  AS 12.63.010(d), as amended by sec. 82 of this Act;                                                     
26            (2)  AS 12.63.020, as amended by sec. 83 of this Act;                                                        
27            (3)  AS 12.63.100(6), as amended by sec. 84 of this Act;                                                     
28            (4)  AS 12.63.100(7), as amended by sec. 85 of this Act.                                                     
29       (d)  The following sections apply to probation ordered on or after the effective date of                          
30 those sections for conduct occurring on or after the effective date of those sections:                                  
31            (1)  AS 12.55.090(c), as amended by sec. 68 of this Act;                                                     
01            (2)  AS 12.55.090(g), as amended by sec. 69 of this Act;                                                     
02            (3)  AS 33.05.040(a)(11), enacted by sec. 102 of this Act.                                                   
03       (e)  The following sections apply to probation ordered before, on, or after the effective                         
04 date of those sections for conduct occurring on or after the effective date of those sections:                          
05            (1)  AS 12.55.025(c), as amended by sec. 63 of this Act;                                                     
06            (2)  AS 33.05.020(h), as amended by sec. 100 of this Act;                                                    
07            (3)  AS 33.05.020(i), enacted by sec. 101 of this Act;                                                       
08            (4)  AS 33.05.040(a)(6), as amended by sec. 102 of this Act.                                                 
09       (f)  The following sections apply to parole ordered on or after the effective date of                             
10 those sections for conduct occurring on or after the effective date of those sections:                                  
11            (1)  AS 33.16.010(c), as amended by sec. 103 of this Act;                                                    
12            (2)  AS 33.16. 010(g), enacted by sec. 104 of this Act;                                                      
13            (3)  AS 33.16.060(a), as amended by sec. 105 of this Act;                                                    
14            (4)  AS 33.16.100(h), enacted by sec. 109 of this Act;                                                       
15            (5)  AS 33.16.130(a), as repealed and reenacted by sec. 110 of this Act;                                     
16            (6)  AS 33.16.130(b), as amended by sec. 111 of this Act;                                                    
17            (7)  AS 33.16.170(d), enacted by sec. 112 of this Act;                                                       
18            (8)  AS 33.16.210(c), as amended by sec. 113 of this Act.                                                    
19       (g)  The following sections apply to parole ordered before, on, or after the effective                            
20 date of those sections for conduct occurring on or after the effective date of those sections:                          
21            (1)  AS 33.16.220(b), as amended by sec. 114 of this Act;                                                    
22            (2)  AS 33.16.220(i), as amended by sec. 115 of this Act;                                                    
23            (3)  AS 33.16.270, as amended by sec. 116 of this Act;                                                       
24            (4)  AS 33.16.270(b), enacted by sec. 117 of this Act.                                                       
25       (h)  AS 33.16.100(a), as amended by sec. 108 of this Act, applies to parole granted on                            
26 or after the effective date of sec. 108 of this Act for conduct occurring before, on, or after the                      
27 effective date of sec. 108 of this Act.                                                                                 
28 (i)  AS 28.35.030(o), as amended by sec. 95 of this Act, and AS 28.35.032(q), as                                        
29 amended by sec. 98 of this Act, apply to revocation of a driver's license occurring before, on,                         
30 or after the effective date of secs. 95 and 98 of this Act, for conduct occurring before, on, or                        
31 after the effective date of secs. 95 and 98 of this Act.                                                                
01       (j)  AS 12.55.025(m), enacted by sec. 64 of this Act, applies to sentences imposed on                             
02 or after the effective date of sec. 64 of this Act, for offenses committed before, on, or after the                     
03 effective date of sec. 64 of this Act.                                                                                  
04       (k)  AS 28.15.161(a), as amended by sec. 91 of this Act, applies to a driver's license                            
05 canceled on or after the effective date of sec. 91 of this Act for failure to pay fines imposed on                      
06 or after the effective date of sec. 91 of this Act.                                                                     
07    * Sec. 143. The uncodified law of the State of Alaska is amended by adding a new section                             
08 to read:                                                                                                                
09       TRANSITION: REGULATIONS. (a) The Department of Law, the attorney general,                                         
10 the Department of Public Safety, and the commissioner of public safety may adopt regulations                            
11 necessary to implement the changes made by secs. 124 and 125 of this Act. The regulations                               
12 take effect under AS 44.62 (Administrative Procedure Act), but a regulation may not take                                
13 effect before the effective date of the relevant provision of this Act implemented by the                               
14 regulation.                                                                                                             
15 (b)  Not later than 15 months after the effective date of AS 33.05.020(h), as amended                                   
16 by sec. 100 of this Act, and AS 33.16.270, as amended by sec. 116 of this Act, the                                      
17 commissioner of corrections shall adopt regulations necessary to establish the programs                                 
18 required by AS 33.05.020(h), as amended by sec. 100 of this Act, and AS 33.16.270, as                                   
19 amended by sec. 116 of this Act. The regulations take effect under AS 44.62 (Administrative                             
20 Procedure Act), but a regulation may not take effect before the effective date of the relevant                          
21 provision of this Act implemented by the regulation.                                                                    
22    * Sec. 144. The uncodified law of the State of Alaska is amended by adding a new section                             
23 to read:                                                                                                                
24 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the                                               
25 heading of AS 11.61.123 from "Indecent viewing or photography" to "Indecent viewing or                                  
26 production of a picture."                                                                                               
27    * Sec. 145. The uncodified law of the State of Alaska is amended by adding a new section                             
28 to read:                                                                                                                
29 CONDITIONAL EFFECT. Sections 135 - 137 of this Act take effect only if secs. 135                                        
30 - 137 of this Act receive the two-thirds majority vote of each house required by art. IV, sec.                          
31 15, Constitution of the State of Alaska.                                                                                
01    * Sec. 146. Sections 126 - 129 of this Act take effect January 1, 2020.                                              
02    * Sec. 147. Sections 123 - 125 of this Act take effect July 1, 2020.                                                 
03    * Sec. 148. Section 131 of this Act takes effect September 1, 2020.                                                  
04    * Sec. 149. Sections 141 and 143 of this Act take effect immediately under                                           
05 AS 01.10.070(c).                                                                                                        
06    * Sec. 150. Except as provided in secs. 146 - 149 of this Act, this Act takes effect July 1,                         
07 2019.