txt

SB 33: "An Act relating to pretrial release; relating to sentencing; relating to treatment program credit toward service of a sentence of imprisonment; relating to electronic monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date."

00                             SENATE BILL NO. 33                                                                          
01 "An Act relating to pretrial release; relating to sentencing; relating to treatment                                     
02 program credit toward service of a sentence of imprisonment; relating to electronic                                     
03 monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and                                      
04 providing for an effective date."                                                                                       
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
07 to read:                                                                                                                
08       LEGISLATIVE INTENT. It is the intent of the legislature that the Alaska Court                                     
09 System make continued efforts to find efficiencies in the criminal justice system and increase                          
10 the use of contemporaneous two-way video conference for pretrial hearings whenever                                      
11 possible.                                                                                                               
12    * Sec. 2.  AS 12.25.150(a) is amended to read:                                                                     
13            (a)  A person arrested shall be taken before a judge or magistrate without                                   
14       unnecessary delay and in any event within 48 [24] hours after arrest, [ABSENT                                 
01 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE                                                         
02 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES                                                            
03 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT                                                            
04 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED                                                             
05 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A                                                              
06 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR                                                                
07 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
08 ARREST.] This requirement applies to municipal police officers to the same extent as                                    
09       it does to state troopers.                                                                                        
10    * Sec. 3. AS 12.30.006(b) is amended to read:                                                                      
11 (b)  At the first appearance before a judicial officer, a person may be detained                                        
12 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
13 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
14       pose a danger to the victim, other persons, or the community, if the person has                                   
15 (1)  been charged with an unclassified, class A, class B, or class C                                                  
16       felony; or                                                                                                        
17 (2)  a criminal conviction or charge outside the state [THAT HAS NOT                                                    
18 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE                                                                 
19       PRETRIAL RISK ASSESSMENT UNDER AS 33.07].                                                                         
20    * Sec. 4. AS 12.30.006(c) is amended to read:                                                                      
21 (c)  A person who remains in custody 48 hours after appearing before a judicial                                         
22 officer because of inability to meet the conditions of release shall, upon application, be                              
23 entitled to have the conditions reviewed by the judicial officer who imposed them. If                                   
24 the judicial officer who imposed the conditions of release is not available, any judicial                               
25 officer in the judicial district may review the conditions. [UPON REVIEW OF THE                                         
26 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS                                                            
27 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING                                                                 
28 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT                                                           
29 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE                                                            
30       RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE                                                                   
31                 (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                             
01                 (2)  SAFETY OF THE VICTIM, OTHER PERSONS, AND THE                                                       
02       COMMUNITY.]                                                                                                       
03    * Sec. 5. AS 12.30.006(d) is amended to read:                                                                      
04 (d)  If a person remains in custody after review of conditions by a judicial                                            
05 officer under (c) of this section, the person may request a subsequent review of                                        
06 conditions. Unless the prosecuting authority stipulates otherwise or the person has                                     
07 been incarcerated for a period equal to the maximum sentence for the most serious                                       
08 charge for which the person is being held, a judicial officer may not schedule a bail                                   
09       review hearing under this subsection unless                                                                       
10 (1)  the person provides to the court and the prosecuting authority a                                                   
11 written statement that new information not considered at the previous review will be                                    
12 presented at the hearing; the statement must include a description of the information                                   
13 and the reason the information was not presented at a previous hearing; in this                                         
14 paragraph, "new information" does not include [INCLUDES] the person's inability to                                  
15       post the required bail;                                                                                           
16 (2)  the prosecuting authority and any surety, if applicable, have at least                                             
17 48 hours' written notice before the time set for the review requested under this                                        
18       subsection; the defendant shall notify the surety; and                                                            
19 (3)  at least seven days have elapsed between the previous review and                                                   
20 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE                                                  
21       ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY].                                                        
22    * Sec. 6.  AS 12.30.006(f) is amended to read:                                                                     
23 (f)  The judicial officer shall issue written or oral findings that explain the                                         
24 reasons the officer imposed the particular conditions of release or modifications or                                    
25 additions to conditions previously imposed. The judicial officer shall inform the                                       
26 person that a law enforcement officer or a pretrial services officer [UNDER AS 33.07]                                   
27 may arrest the person without a warrant for violation of the court's order establishing                                 
28       conditions of release.                                                                                            
29    * Sec. 7. AS 12.30.011 is repealed and reenacted to read:                                                          
30 Sec. 12.30.011. Release before trial. (a) Except as otherwise provided in this                                        
31 chapter, a judicial officer shall order a person charged with an offense to be released                                 
01       on the person's personal recognizance or upon execution of an unsecured appearance                                
02       bond, on the condition that the person                                                                          
03                 (1)  obey all court orders and all federal, state, and local laws;                                      
04                 (2)  appear in court when ordered;                                                                      
05                 (3)  if represented, maintain contact with the person's lawyer; and                                     
06                 (4)  notify the person's lawyer, who shall notify the prosecuting                                       
07       authority and the court, not more than 24 hours after the person changes residence.                               
08            (b)  If a judicial officer determines that the release under (a) of this section will                        
09       not reasonably assure the appearance of the person or will pose a danger to the victim,                           
10 other persons, or the community, the officer shall impose the least restrictive condition                               
11 or conditions that will reasonably assure the person's appearance and protect the                                       
12 victim, other persons, and the community. In addition to conditions under (a) of this                                   
13       section, the judicial officer may, singly or in combination,                                                      
14 (1)  require the execution of an appearance bond in a specified amount                                                  
15 of cash to be deposited into the registry of the court, in a sum not to exceed 10 percent                               
16       of the amount of the bond;                                                                                        
17 (2)  require the execution of a bail bond with sufficient solvent sureties                                              
18       or the deposit of cash;                                                                                           
19 (3)  require the execution of a performance bond in a specified amount                                                  
20       of cash to be deposited in the registry of the court;                                                             
21                 (4)  place restrictions on the person's travel, association, or residence;                              
22 (5)  order the person to refrain from possessing a deadly weapon on the                                                 
23       person or in the person's vehicle or residence;                                                                   
24 (6)  require the person to maintain employment or, if unemployed,                                                       
25       actively seek employment;                                                                                         
26 (7)  require the person to notify the person's lawyer and the prosecuting                                               
27       authority within two business days after any change in employment;                                                
28 (8)  require the person to avoid all contact with a victim, a potential                                                 
29       witness, or a codefendant;                                                                                        
30 (9)  require the person to refrain from the consumption and possession                                                  
31       of alcoholic beverages;                                                                                           
01                 (10)  require the person to refrain from the use of a controlled substance                              
02       as defined by AS 11.71, unless prescribed by a licensed health care provider with                                 
03       prescriptive authority;                                                                                           
04                 (11)  require the person to be physically inside the person's residence,                                
05       or in the residence of the person's third-party custodian, at time periods set by the                             
06       court;                                                                                                            
07                 (12)  require the person to keep regular contact with a pretrial service                                
08       officer or law enforcement officer or agency;                                                                     
09                 (13)  order the person to refrain from entering or remaining in premises                                
10       licensed under AS 04;                                                                                             
11 (14)  place the person in the custody of an individual who agrees to                                                    
12       serve as a third-party custodian of the person as provided in AS 12.30.021;                                       
13 (15)  if the person is under the treatment of a licensed health care                                                    
14       provider, order the person to follow the provider's treatment recommendations;                                    
15 (16)  order the person to take medication that has been prescribed for                                                  
16       the person by a licensed health care provider with prescriptive authority;                                        
17 (17)  order the person to submit to electronic monitoring administered                                                  
18       by a private organization;                                                                                        
19 (18)  order the person to submit to supervision by the pretrial services                                                
20 office in the Department of Corrections under AS 33.05 which may include the use of                                     
21       electronic monitoring if determined necessary by the commissioner of corrections;                                 
22 (19)  order the person to comply with any other condition that is                                                       
23 reasonably necessary to assure the appearance of the person and to assure the safety of                                 
24       the victim, other persons, and the community; and                                                                 
25 (20)  require the person to comply with a program established under                                                     
26 AS 47.38.020 if the person has been charged with an alcohol-related or substance-                                       
27 abuse-related offense that is an unclassified felony, a class A felony, a sexual felony,                                
28       or a crime involving domestic violence.                                                                           
29 (c)  In determining the conditions of release under this chapter, the court shall                                       
30       consider the following:                                                                                           
31                 (1)  the nature and circumstances of the offense charged;                                               
01                 (2)  the weight of the evidence against the person;                                                     
02                 (3)  the nature and extent of the person's family ties and relationships;                               
03                 (4)  the person's employment status and history;                                                        
04                 (5)  the length and character of the person's past and present residence;                               
05                 (6)  the person's record of convictions;                                                                
06                 (7)  the person's record of appearance at court proceedings;                                            
07                 (8)  assets available to the person to meet monetary conditions of                                      
08       release;                                                                                                          
09                 (9)  the person's reputation, character, and mental condition;                                          
10 (10)  the effect of the offense on the victim, any threats made to the                                                  
11       victim, and the danger that the person poses to the victim; and                                                   
12 (11)  any other facts that are relevant to the person's appearance or the                                               
13       person's danger to the victim, other persons, or the community.                                                   
14            (d)  In making a finding regarding the release of a person under this chapter,                               
15 (1)  except as otherwise provided in this chapter, the burden of proof is                                               
16 on the prosecuting authority that a person charged with an offense should be detained                                   
17       or released with conditions described in (b) of this section or AS 12.30.016;                                     
18 (2)  there is a rebuttable presumption that there is a substantial risk that                                            
19 the person will not appear and the person poses a danger to the victim, other persons,                                  
20       or the community, if the person is                                                                                
21 (A)  charged with an unclassified felony, a class A felony, a                                                           
22            sexual felony, or a felony under AS 28.35.030 or 28.35.032;                                                  
23 (B)  charged with a felony crime against a person under                                                                 
24 AS 11.41, was previously convicted of a felony crime against a person under                                             
25 AS 11.41 in this state or a similar offense in another jurisdiction, and less than                                      
26 five years have elapsed between the date of the person's unconditional                                                  
27 discharge on the immediately preceding offense and the commission of the                                                
28            present offense;                                                                                             
29 (C)  charged with a felony offense committed while the person                                                           
30            was on release under this chapter for a charge or conviction of another offense;                             
31 (D)  charged with a crime involving domestic violence, and has                                                          
01 been convicted in the previous five years of a crime involving domestic                                                 
02            violence in this state or a similar offense in another jurisdiction;                                         
03 (E)  arrested in connection with an accusation that the person                                                          
04 committed a felony outside the state or is a fugitive from justice from another                                         
05            jurisdiction, and the court is considering release under AS 12.70.                                           
06 (e)  If the supreme court establishes a schedule of bail amounts or conditions of                                       
07 release for misdemeanor offenses, the schedule must include a condition providing                                       
08 that a correctional facility shall, at the time of release, conduct a chemical test of the                              
09 breath of a person who has been arrested and who is intoxicated and may detain the                                      
10 person until the test result indicates that the person's breath has less than 0.08 grams of                             
11 alcohol for each 210 liters of breath or, with the consent of the person, release the                                   
12       person to another person who is willing and able to provide care for the person.                                  
13    * Sec. 8. AS 12.30.021(a) is amended to read:                                                                      
14 (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                           
15 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE                                   
16 RECORD,] that the appointment will, singly or in combination with other                                             
17       conditions,                                                                                                   
18 [(1)  PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT                                                                        
19       AVAILABLE IN THE PERSON'S LOCATION;                                                                               
20 (2)  NO SECURED APPEARANCE OR PERFORMANCE BONDS                                                                         
21       HAVE BEEN ORDERED; AND                                                                                            
22 (3)  NO OTHER CONDITIONS OF RELEASE OR COMBINATION                                                                      
23 OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of                                          
24       the victim, other persons, and the community.                                                                     
25    * Sec. 9. AS 12.30.021(c) is amended to read:                                                                      
26            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
27 (1)  the proposed custodian is acting as a third-party custodian for                                                    
28       another person;                                                                                                   
29 (2)  the proposed custodian has been convicted in the previous three                                                    
30       years of a crime under AS 11.41 or a similar crime in this or another jurisdiction;                               
31 (3)  criminal charges are pending in this state or another jurisdiction                                                 
01       against the proposed custodian;                                                                                   
02                 (4)  the proposed custodian is on probation in this state or another                                    
03       jurisdiction for an offense;                                                                                      
04                 (5)  [THERE IS A REASONABLE PROBABILITY THAT THE                                                        
05       STATE WILL CALL] the proposed custodian may be called as a witness in the                                     
06       prosecution of the person;                                                                                        
07                 (6)  the proposed custodian resides out of state; however, a nonresident                                
08       may serve as a custodian if the nonresident resides in the state while serving as                                 
09       custodian.                                                                                                        
10    * Sec. 10. AS 12.55.027(d) is repealed and reenacted to read:                                                      
11 (d)  A court may not grant credit against a sentence of imprisonment for time                                           
12       spent in a private residence or under electronic monitoring.                                                      
13    * Sec. 11. AS 12.55.027(e) is amended to read:                                                                     
14 (e)  If a defendant intends to claim credit toward a sentence of imprisonment                                           
15 for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING]                                                  
16 either as a condition of probation or as a condition of bail release after a petition to                                
17 revoke probation has been filed, the defendant shall file notice with the court and the                                 
18 prosecutor 10 days before the disposition hearing. The notice shall include the amount                                  
19 of time the defendant is claiming. The defendant must prove by a preponderance of the                                   
20 evidence that the credit claimed meets the requirements of this section. A court may                                    
21 not consider, except for good cause, a request for credit made under this subsection                                    
22       more than 90 days after the disposition hearing.                                                                  
23    * Sec. 12. 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 for                              
29       noncompliance.                                                                                                    
30    * Sec. 13. 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 180 days against a total term of                                              
02       imprisonment imposed.                                                                                             
03    * Sec. 14. AS 12.70.130 is amended to read:                                                                        
04 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be                                            
05 lawfully made by a peace officer or a private person without a warrant upon                                             
06 reasonable information that the accused stands charged in the courts of another state                                   
07 with a crime punishable by death or imprisonment for a term exceeding one year, but                                     
08 when arrested the accused must be taken before a judge or magistrate without                                            
09 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT                                     
10 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and                                                          
11 complaint shall be made against the accused under oath setting out the ground for the                                   
12 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR                                                             
13 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
14 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had                                      
15       been arrested on a warrant.                                                                                       
16    * Sec. 15.  AS 33.05.010 is amended to read:                                                                       
17 Sec. 33.05.010. Powers of commissioner. The commissioner shall administer                                             
18 a probation system; [AND] enforce the probation laws in the superior court; and                                 
19 provide supervision of defendants released while awaiting trial as ordered by the                                   
20       court.                                                                                                        
21    * Sec. 16.  AS 33.05.020 is amended by adding new subsections to read:                                             
22 (i)  The commissioner shall appoint and make available to the superior court                                            
23 and district court qualified pretrial services officers under AS 33.05.040(11) and                                      
24 assign pretrial services officers to each judicial district for the supervision of                                      
25       defendants released while awaiting trial as ordered by the court.                                                 
26 (j)  The commissioner may, in accordance with AS 36.30, procure and enter                                               
27 into agreements or contracts for the supervision of defendants on electronic                                            
28       monitoring during the pretrial period.                                                                            
29    * Sec. 17.  AS 33.05.030(a) is amended by adding a new subsection to read:                                         
30 (a)  All probation officers made available to the courts under this chapter shall                                       
31 be officers of the superior and district courts [COURT] and subject to the authority                                
01       of the superior and district courts [COURT].                                                                  
02    * Sec. 18.  AS 33.05.040 is amended to read:                                                                       
03            Sec. 33.05.040. Duties of probation officers. A probation officer shall                                    
04                 (1)  furnish to each probationer under the supervision of the officer a                                 
05       written statement of the conditions of probation and shall instruct the probationer                               
06       regarding the same;                                                                                               
07                 (2)  keep informed concerning the conduct and condition of each                                         
08       probationer under the supervision of the officer and shall report on the probationer to                           
09       the court placing that person on probation;                                                                       
10 (3)  use all suitable methods, not inconsistent with the conditions                                                     
11 imposed by the court, to aid probationers and to bring about improvements in their                                      
12       conduct and condition;                                                                                            
13 (4)  keep records of the probation work, including administrative                                                       
14 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep                                      
15 accurate and complete accounts of all money collected from persons under the                                            
16 supervision of the officer, give receipts for money collected and make at least monthly                                 
17 returns of it, make the reports to the court and the commissioner required by them, and                                 
18       perform other duties the court may direct;                                                                        
19 (5)  perform duties with respect to persons on parole as the                                                            
20       commissioner shall request, and in that service shall be termed a parole officer;                                 
21 (6)  use administrative sanctions and incentives developed under                                                        
22 AS 33.05.020(g) to respond to a probationer's negative and positive behavior,                                           
23 including responses to technical violations of conditions of probation, in a way that is                                
24 intended to interrupt negative behavior in a swift, certain, and proportional manner                                    
25       and support progress with a recognition of positive behavior;                                                     
26 (7)  upon determining that a probationer under the supervision of the                                                   
27 officer meets the requirements of AS 12.55.090(g), recommend to the court as soon as                                    
28 practicable that probation be terminated and the probationer be discharged from                                         
29       probation;                                                                                                        
30 (8)  for each probationer who owes restitution and who is under the                                                     
31 supervision of the officer, create a restitution payment schedule based on the                                          
01       probationer's income and ability to pay if the court has not already set a restitution                            
02       payment schedule;                                                                                                 
03                 (9)  accommodate the diligent efforts of each probationer to secure and                                 
04       maintain steady employment or to participate in educational courses or training                                   
05       programs when prescribing the times at which a probationer shall report;                                          
06 (10)  permit each probationer to travel in the state to make diligent                                                   
07 efforts to secure and maintain steady employment or to participate in educational                                       
08 courses or training programs if the travel is not inconsistent with other terms and                                     
09       conditions of probation;                                                                                      
10 (11)  perform duties with respect to persons on pretrial release as                                                 
11 the commissioner shall request, and in that service shall be termed a pretrial                                      
12       services officer.                                                                                             
13    * Sec. 19.  AS 33.05 is amended by adding a new section to read:                                                   
14 Sec. 33.05.045. Duties of probation officers when acting as pretrial services                                         
15       officers. A probation officer acting as a pretrial services officer shall                                       
16 (1)  upon order of the court and request by the commissioner, supervise                                                 
17 a defendant released while awaiting trial that may include the use of electronic                                        
18       monitoring;                                                                                                       
19 (2)  if the probation officer acting as a pretrial services officer has                                                 
20 probable cause to believe the defendant has committed an offense under AS 11.56.730                                     
21 or 11.56.757 or has violated the defendant's release conditions, file a complaint with                                  
22       the court and                                                                                                     
23 (A)  arrest, with or without a warrant, a defendant who has been                                                        
24            released while awaiting trial; or                                                                            
25 (B)  request the court to issue a warrant related to any violation                                                      
26            of the defendant's release conditions;                                                                       
27 (3)  refer interested defendants for substance abuse screening,                                                         
28 assessment, and treatment on a voluntary basis and assist any defendant whose offense                                   
29 or criminal history identified a dependency on, abuse of, or addiction to alcohol or                                    
30 controlled substances with accessing and obtaining appropriate treatment in the                                         
31       community to address those needs.                                                                                 
01    * Sec. 20. AS 33.16.190 is amended to read:                                                                      
02 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and                                                        
03 probation officers. An officer appointed by the commissioner under AS 33.05.020(a)                                    
04 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or                                  
05       this chapter.                                                                                                     
06    * Sec. 21. AS 44.19.645(g) is amended to read:                                                                     
07            (g)  The Department of Corrections shall report quarterly to the working group                               
08 authorized in (b)(3) of this section. The report shall include the following information:                               
09 (1)  data on pretrial decision making and outcomes, including                                                           
10 information on pretrial detainees admitted for a new criminal charge; detainees                                         
11 released at any point before case resolution; time spent detained before first release or                               
12 case resolution [PRETRIAL DEFENDANT RISK LEVEL AND CHARGE;                                                              
13 PRETRIAL RELEASE RECOMMENDATIONS MADE BY PRETRIAL SERVICES                                                              
14 OFFICERS]; pretrial conditions imposed on pretrial detainees by judicial officers,                                      
15 including amount of bail, and supervision conditions; and information on pretrial                                       
16 outcomes, including whether or not the defendant appeared in court or was re-arrested                                   
17       during the pretrial period;                                                                                       
18 (2)  data on offenders admitted to the Department of Corrections for a                                                  
19 new criminal conviction, including the offense type, number of prior felony                                             
20       convictions, sentence length, and length of stay;                                                                 
21 (3)  data on the population of the Department of Corrections, using a                                                   
22 one-day snapshot on the first day of the first month of each quarter, broken down by                                    
23       type of admission, offense type, and risk level;                                                                  
24 (4)  data on offenders on probation supervised by the Department of                                                     
25 Corrections, including the total number of offenders supervised using a one-day                                         
26 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
27 program under AS 33.05.020(f); probation sentence length; time served on the                                            
28 sentence; whether probation was successfully completed, any new convictions for a                                       
29       felony offense, and any sentences to a term of imprisonment while on probation;                                   
30 (5)  data on parole, including the number of offenders supervised on                                                    
31 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
01 parole hearings; the parole grant rate and number of parolees released on discretionary                                 
02 and special medical parole; and information on parolees, including time spent on                                        
03 parole, whether parole was successfully completed, any new convictions for a new                                        
04       felony offense, and any sentences to a term of imprisonment while on parole;                                      
05 (6)  data on the implementation of policies from the 2015 justice                                                       
06 reinvestment report, including the number and percentage of offenders who earn                                          
07 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                         
08 and the total amount of credits earned; the average number of sanctions issued under                                    
09 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                                  
10       common violations of probation or parole; and                                                                     
11 (7)  data on probation and parole revocations, including information on                                                 
12 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
13 resolution; probationers and parolees admitted solely for a technical violation;                                        
14 probationers and parolees admitted for a new arrest; the number of previous                                             
15 revocations on the current sentence, if any; the length of time held pre-case resolution;                               
16       the length of time to case resolution; and the length of stay.                                                    
17    * Sec. 22.  The uncodified law of the State of Alaska is amended by adding a new section to                        
18 read:                                                                                                                   
19 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of                                                              
20       Criminal Procedure, is amended to read:                                                                           
21 (a)  The Administrative Director of the Alaska Court System, after consultation                                         
22 with the presiding judge, Public Defender Agency, and Attorney General's Office,                                        
23 may enter into agreements with the Department of Public Safety and Department of                                        
24 Corrections which approve systems allowing judges to provide for the appearance by a                                    
25 defendant at certain criminal proceedings by way of contemporaneous two-way                                         
26 video conference [TELEVISION] equipment in lieu of the physical presence of the                                     
27 defendant in the courtroom. Such an agreement must provide for a procedure by which                                     
28       the defendant may confer with the defendant's attorney in private.                                                
29    * Sec. 23.  The uncodified law of the State of Alaska is amended by adding a new section to                        
30 read:                                                                                                                   
31 DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of                                                              
01       Criminal Procedure, is amended to read:                                                                           
02 (b)  In those court locations in which a contemporaneous two-way video                                              
03 conference [TELEVISION] system has been approved by the supreme court and has                                       
04 been installed, in custody defendants may [SHALL] appear by way of                                                  
05 contemporaneous two-way video conference [TELEVISION] for all hearings                                          
06 except for trial and sentencings [ARRAIGNMENT, PLEAS, AND NON-                                                      
07 EVIDENTIARY BAIL REVIEWS IN TRAFFIC AND MISDEMEANOR CASES;                                                              
08 AND INITIAL APPEARANCE HEARINGS, NON-EVIDENTIARY BAIL                                                                   
09 REVIEWS, AND NOT GUILTY PLEA ARRAIGNMENTS IN FELONY CASES],                                                             
10 unless otherwise ordered for cause stated by the presiding judge. However, with                                     
11 [WITH] the defendant's consent, sentencings may be done by way of                                                       
12 contemporaneous two-way video conference [TELEVISION] in traffic and                                                
13       misdemeanor cases.                                                                                                
14 In any particular case, the trial court may order that the defendant be                                                 
15 transported to court for court proceedings if the trial judge finds that the defendant's                                
16       rights would be prejudiced by use of the system.                                                                  
17    * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19 DIRECT COURT RULE AMENDMENT. Rule 45(d), Alaska Rules of                                                                
20       Criminal Procedure, is amended to read:                                                                           
21 (d)  Excluded Periods. The following periods shall be excluded in computing                                           
22       the time for trial:                                                                                               
23 (1)  The period of delay resulting from other proceedings concerning                                                    
24 the defendant, including but not limited to motions to dismiss or suppress,                                             
25 examinations and hearings on competency, the period during which the defendant is                                       
26 incompetent to stand trial, interlocutory appeals, and trial of other charges. No pretrial                              
27 motion shall be held under advisement for more than 30 days and any time longer than                                    
28       30 days shall not be considered as an excluded period.                                                            
29 (2)  The period of delay resulting from an adjournment or continuance                                                   
30 granted at the timely request or with the consent of the defendant or [AND] the                                     
31 defendant's counsel. The court shall grant such a continuance only if it is satisfied that                              
01 the postponement is in the interest of justice, taking into account the public interest in                              
02 the prompt disposition of criminal offenses, and after consideration of the interests of                                
03 the crime victim, if known, as provided in (h) of this rule. A defendant without                                        
04 counsel shall not be deemed to have consented to a continuance unless the defendant                                     
05 has been advised by the court of the right to a speedy trial under this rule and of the                                 
06       effect of consent.                                                                                                
07 (3)  The period of delay resulting from a continuance granted at the                                                    
08       timely request of the prosecution, if:                                                                            
09 (A)  The continuance is granted because of the unavailability of                                                        
10 evidence material to the state's case, when the prosecuting attorney has                                                
11 exercised due diligence to obtain such evidence and there are reasonable                                                
12            grounds to believe that such evidence will be available at the later date; or                                
13 (B)  The continuance is granted to allow the prosecuting                                                                
14 attorney in a felony case additional time to prepare the state's case and                                               
15 additional time is justified because of the exceptional complexity of the                                               
16            particular case.                                                                                             
17 (4)  The period of delay resulting from the absence or unavailability of                                                
18 the defendant. A defendant should be considered absent whenever the defendant's                                         
19 whereabouts are unknown and in addition the defendant is attempting to avoid                                            
20 apprehension or prosecution or the defendant's whereabouts cannot be determined by                                      
21 due diligence. A defendant should be considered unavailable whenever the defendant's                                    
22 whereabouts are known but the defendant's presence for trial cannot be obtained or the                                  
23       defendant resists being returned to the state for trial.                                                          
24 (5)  A reasonable period of delay when the defendant is joined for trial                                                
25 with a codefendant as to whom the time for trial has not run and there is good cause                                    
26 for not granting a severance. In all other cases, the defendant shall be granted a                                      
27 severance in order that the defendant may be tried within the time limits applicable to                                 
28       the defendant.                                                                                                    
29 (6)  The period of delay resulting from detention of the defendant in                                                   
30 another jurisdiction provided the prosecuting attorney has been diligent and has made                                   
31 reasonable efforts to obtain the presence of the defendant for trial. When the                                          
01 prosecution is unable to obtain the presence of the defendant in detention, and seeks to                                
02 exclude the period of detention, the prosecution shall cause a detainer to be filed with                                
03 the official having custody of the defendant and request the official to advise the                                     
04 defendant of the detainer and to inform the defendant of the defendant's rights under                                   
05       this rule.                                                                                                        
06                 (7)  Other periods of delay for good cause.                                                             
07    * Sec. 25.  AS 12.55.027(g); AS 33.07.010, 33.07.020, 33.07.030, 33.07.040, and 33.07.090                          
08 are repealed.                                                                                                           
09    * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
12 the effective date of those sections:                                                                                   
13 (1)  AS 12.25.150(a), as amended by sec. 2 of this Act;                                                                 
14 (2)  AS 12.30.006(b), as amended by sec. 3 of this Act;                                                                 
15 (3)  AS 12.30.006(c), as amended by sec. 4 of this Act;                                                                 
16 (4)  AS 12.30.006(d), as amended by sec. 5 of this Act;                                                                 
17            (5)  AS 12.30.006(f), as amended by sec. 6 of this Act;                                                      
18            (6)  AS 12.30.011, as repealed and reenacted by sec. 7 of this Act;                                          
19            (7)  AS 12.30.021(a), as amended by sec. 8 of this Act;                                                      
20            (8)  AS 12.30.021(c), as amended by sec. 9 of this Act;                                                      
21            (9)  AS 12.70.130, as amended by sec. 14 of this Act;                                                        
22            (10)  AS 33.05.010, as amended by sec. 15 of this Act;                                                       
23            (11)  AS 33.05.020(i) and (j), enacted by sec. 16 of this Act;                                               
24            (12)  AS 33.05.030(a), as amended by sec. 17 of this Act;                                                    
25            (13)  AS 33.05.040, as amended by sec. 18 of this Act; and                                                   
26            (14)  AS 33.05.045, enacted by sec. 19 of this Act.                                                          
27       (b)  The following sections apply to sentences imposed on or after the effective date of                          
28 those sections for conduct occurring on or after the effective date of those sections:                                  
29            (1)  AS 12.55.027(d), as repealed and reenacted by sec. 10 of this Act;                                      
30            (2)  AS 12.55.027(e), as amended by sec. 11 of this Act; and                                                 
31            (3)  AS 12.55.027(i), enacted by sec. 13 of this Act.                                                        
01    * Sec. 27.  The uncodified law of the State of Alaska is amended by adding a new section to                        
02 read:                                                                                                                   
03 TRANSITION. Court orders ordering a pretrial services officer to supervise a                                            
04 defendant while on pretrial release issued before the effective date of this Act, remain in                             
05 effect until nullified by the court, and the authority of the Department of Corrections to                              
06 supervise those defendants in accordance with those orders continues in effect                                          
07 notwithstanding a transfer, amendment, or repeal provided for in this Act.                                              
08    * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       CONDITIONAL EFFECT. Sections 22 - 24 of this Act take effect only if secs. 22 - 24                                
11 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15,                            
12 Constitution of the State of Alaska.                                                                                    
13    * Sec. 29.  This Act takes effect July 1, 2019.