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CSSB 33(JUD): "An Act relating to rights of a prisoner after arrest; relating to pretrial release; relating to sentencing; relating to the duties of a prosecuting attorney; 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                       CS FOR SENATE BILL NO. 33(JUD)                                                                    
01 "An Act relating to rights of a prisoner after arrest; relating to pretrial release; relating                           
02 to sentencing; relating to the duties of a prosecuting attorney; relating to treatment                                  
03 program credit toward service of a sentence of imprisonment; relating to electronic                                     
04 monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and                                      
05 providing for an effective date."                                                                                       
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
08 to read:                                                                                                                
09       LEGISLATIVE INTENT. (a) It is the intent of the legislature that the Alaska Court                                 
10 System, the Department of Corrections, and the Department of Public Safety make continued                               
11 efforts to find efficiencies in the criminal justice system and increase the use of                                     
12 contemporaneous two-way video conference for pretrial hearings whenever possible.                                       
13       (b)  When imposing a sentence, it is the intent of the legislature that the court may take                        
01 into consideration any good conduct and self-improvement efforts the defendant has made                                 
02 while in pretrial status, including taking general education development, undergraduate,                                
03 postgraduate, or trade school courses and participating in nonprofit volunteer activities, faith-                       
04 based activities, and voluntary treatment programs.                                                                     
05 (c)  It is the intent of the legislature that the Department of Corrections develop a plan                              
06 to track and measure the effectiveness of evidence-based programs offered to offenders and                              
07 report its progress on the plan to both the House and Senate Judiciary Committees during the                            
08 Second Regular Session of the Thirty-First Alaska State Legislature.                                                    
09    * Sec. 2. AS 12.25.150(a) is amended to read:                                                                      
10 (a)  A person arrested shall be taken before a judge or magistrate without                                              
11 unnecessary delay and in any event within 48 [24] hours after arrest, [ABSENT                                       
12 COMPELLING CIRCUMSTANCES,] including Sundays and holidays. [THE                                                         
13 UNAVAILABILITY OF A REPORT PREPARED BY THE PRETRIAL SERVICES                                                            
14 OFFICER UNDER AS 33.07 OR A DELAY IN THE TRANSMITTAL OF THAT                                                            
15 REPORT TO THE PARTIES OR TO THE COURT MAY NOT BE CONSIDERED                                                             
16 A SUFFICIENT COMPELLING CIRCUMSTANCE TO JUSTIFY DELAYING A                                                              
17 HEARING BEYOND 24 HOURS. THE HEARING BEFORE THE JUDGE OR                                                                
18 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
19 ARREST.] This requirement applies to municipal police officers to the same extent as                                    
20       it does to state troopers.                                                                                        
21    * Sec. 3. AS 12.30.006(b) is amended to read:                                                                      
22 (b)  At the first appearance before a judicial officer, a person may be detained                                        
23 up to 48 hours for the prosecuting authority to demonstrate that release of the person                                  
24 under AS 12.30.011 would not reasonably ensure the appearance of the person or will                                     
25       pose a danger to the victim, other persons, or the community, if the person has                                   
26 (1)  been charged with an unclassified, class A, class B, or class C                                                    
27       felony; or                                                                                                        
28 (2)  a criminal conviction or charge outside the state [THAT HAS NOT                                                    
29 BEEN USED IN DETERMINING THE PERSON'S RISK LEVEL IN THE                                                                 
30       PRETRIAL RISK ASSESSMENT UNDER AS 33.07].                                                                         
31    * Sec. 4. AS 12.30.006(c) is amended to read:                                                                      
01 (c)  A person who remains in custody 48 hours after appearing before a judicial                                         
02 officer because of inability to meet the conditions of release shall, upon application, be                              
03 entitled to have the conditions reviewed by the judicial officer who imposed them. If                                   
04 the judicial officer who imposed the conditions of release is not available, any judicial                               
05 officer in the judicial district may review the conditions. [UPON REVIEW OF THE                                         
06 CONDITIONS, THE JUDICIAL OFFICER SHALL REVISE ANY CONDITIONS                                                            
07 OF RELEASE THAT HAVE PREVENTED THE DEFENDANT FROM BEING                                                                 
08 RELEASED UNLESS THE JUDICIAL OFFICER FINDS ON THE RECORD THAT                                                           
09 THERE IS CLEAR AND CONVINCING EVIDENCE THAT LESS RESTRICTIVE                                                            
10       RELEASE CONDITIONS CANNOT REASONABLY ENSURE THE                                                                   
11                 (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                             
12 (2)  SAFETY OF THE VICTIM, OTHER PERSONS, AND THE                                                                       
13       COMMUNITY.]                                                                                                       
14    * Sec. 5. AS 12.30.006(d) is amended to read:                                                                      
15 (d)  If a person remains in custody after review of conditions by a judicial                                            
16 officer under (c) of this section, the person may request a subsequent review of                                        
17 conditions. Unless the prosecuting authority stipulates otherwise or the person has                                     
18 been incarcerated for a period equal to the maximum sentence for the most serious                                       
19 charge for which the person is being held, a judicial officer may not schedule a bail                                   
20       review hearing under this subsection unless                                                                       
21 (1)  the person provides to the court and the prosecuting authority a                                                   
22 written statement that new information not considered at the previous review will be                                    
23 presented at the hearing; the statement must include a description of the information                                   
24 and the reason the information was not presented at a previous hearing; in this                                         
25 paragraph, "new information" does not include [INCLUDES] the person's inability to                                  
26       post the required bail;                                                                                           
27 (2)  the prosecuting authority and any surety, if applicable, have at least                                             
28 48 hours' [HOURS"] written notice before the time set for the review requested under                                
29       this subsection; the defendant shall notify the surety; and                                                       
30 (3)  at least seven days have elapsed between the previous review and                                                   
31 the time set for the requested review [; HOWEVER, A PERSON MAY RECEIVE                                                  
01       ONLY ONE BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY].                                                        
02    * Sec. 6. AS 12.30.006(f) is amended to read:                                                                      
03 (f)  The judicial officer shall issue written or oral findings that explain the                                         
04 reasons the officer imposed the particular conditions of release or modifications or                                    
05 additions to conditions previously imposed. The judicial officer shall inform the                                       
06 person that a law enforcement officer or a pretrial services officer under                                              
07 AS 33.05.040(a)(11) [AS 33.07] may arrest the person without a warrant for violation                                
08       of the court's order establishing conditions of release.                                                          
09    * Sec. 7. 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 pretrial service                                                
19       officer or law enforcement 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 administered                                                  
29       by a private organization;                                                                                        
30 (18)  order the person to submit to supervision by the pretrial services                                                
31 office in the Department of Corrections under AS 33.05, which may include the use of                                    
01       electronic monitoring if determined necessary by the commissioner of corrections;                                 
02                 (19)  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 (20)  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;                                                                
17                 (7)  the person's record of appearance at court proceedings;                                            
18 (8)  assets available to the person to meet monetary conditions of                                                      
19       release;                                                                                                          
20                 (9)  the person's reputation, character, and mental condition;                                          
21 (10)  the effect of the offense on the victim, any threats made to the                                                  
22       victim, and the danger that the person poses to the victim; and                                                   
23 (11)  any other facts that are relevant to the person's appearance or the                                               
24       person's danger to the victim, other persons, or the community.                                                   
25            (d)  In making a finding regarding the release of a person under this chapter,                               
26 (1)  except as otherwise provided in this chapter, the burden of proof is                                               
27 on the prosecuting authority that a person charged with an offense should be detained                                   
28       or released with conditions described in (b) of this section or AS 12.30.016;                                     
29 (2)  there is a rebuttable presumption that there is a substantial risk that                                            
30 the person will not appear and the person poses a danger to the victim, other persons,                                  
31       or the community, if the person is                                                                                
01 (A)  charged with an unclassified felony, a class A felony, a                                                           
02            sexual felony, or a felony under AS 28.35.030 or 28.35.032;                                                  
03 (B)  charged with a felony crime against a person under                                                                 
04 AS 11.41, was previously convicted of a felony crime against a person under                                             
05 AS 11.41 in this state or a similar offense in another jurisdiction, and less than                                      
06 five years have elapsed between the date of the person's unconditional                                                  
07 discharge on the immediately preceding offense and the commission of the                                                
08            present offense;                                                                                             
09 (C)  charged with a felony offense committed while the person                                                           
10            was on release under this chapter for a charge or conviction of another offense;                             
11 (D)  charged with a crime involving domestic violence, and has                                                          
12 been convicted in the previous five years of a crime involving domestic                                                 
13            violence in this state or a similar offense in another jurisdiction;                                         
14 (E)  arrested in connection with an accusation that the person                                                          
15 committed a felony outside the state or is a fugitive from justice from another                                         
16            jurisdiction, and the court is considering release under AS 12.70.                                           
17 (e)  If the supreme court establishes a schedule of bail amounts or conditions of                                       
18 release for misdemeanor offenses, the schedule must include a condition providing                                       
19 that a correctional facility shall, at the time of release, conduct a chemical test of the                              
20 breath of a person who has been arrested and who is intoxicated and shall detain the                                    
21 person until the test result indicates that the person's breath has less than 0.08 grams of                             
22 alcohol for each 210 liters of breath or, with the consent of the person, release the                                   
23       person to another person who is willing and able to provide care for the person.                                  
24    * Sec. 8. AS 12.30.021(a) is amended to read:                                                                      
25 (a)  In addition to other conditions imposed under AS 12.30.011 or 12.30.016,                                           
26 a judicial officer may appoint a third-party custodian if the officer finds [, ON THE                                   
27 RECORD,] that the appointment will, singly or in combination with other                                             
28       conditions,                                                                                                   
29 [(1)  PRETRIAL SUPERVISION UNDER AS 33.07 IS NOT                                                                        
30       AVAILABLE IN THE PERSON'S LOCATION;                                                                               
31 (2)  NO SECURED APPEARANCE OR PERFORMANCE BONDS                                                                         
01       HAVE BEEN ORDERED; AND                                                                                            
02                 (3)  NO OTHER CONDITIONS OF RELEASE OR COMBINATION                                                      
03       OF CONDITIONS CAN] reasonably ensure the person's appearance and the safety of                                    
04       the victim, other persons, and the community.                                                                     
05    * Sec. 9. AS 12.30.021(c) is amended to read:                                                                      
06            (c)  A judicial officer may not appoint a person as a third-party custodian if                               
07                 (1)  the proposed custodian is acting as a third-party custodian for                                    
08       another person;                                                                                                   
09                 (2)  the proposed custodian has been unconditionally discharged                                     
10 within [CONVICTED IN] the previous five [THREE] years from a felony, [OF] a                                 
11       crime under AS 11.41, or a similar crime in this or another jurisdiction;                                     
12 (3)  criminal charges are pending in this state or another jurisdiction                                                 
13       against the proposed custodian;                                                                                   
14 (4)  the proposed custodian is on probation in this state or another                                                    
15       jurisdiction for an offense;                                                                                      
16 (5)  [THERE IS A REASONABLE PROBABILITY THAT THE                                                                        
17 STATE WILL CALL] the proposed custodian may be called as a witness in the                                           
18       prosecution of the person;                                                                                        
19 (6)  the proposed custodian resides out of state; however, a nonresident                                                
20 may serve as a custodian if the nonresident resides in the state while serving as                                       
21       custodian.                                                                                                        
22    * Sec. 10. AS 12.55.025 is amended by adding a new subsection to read:                                             
23 (m)  When imposing a sentence for conviction of a felony offense or a                                                   
24 sentence of imprisonment exceeding 90 days or upon a conviction of a violation of                                       
25 AS 04, a regulation adopted under AS 04, or an ordinance adopted in conformity with                                     
26 AS 04.21.010, the court shall orally state on the record the terms of the sentence                                      
27       imposed as required in (a)(3) of this section.                                                                    
28    * Sec. 11. AS 12.55.027(d) is amended to read:                                                                     
29 (d)  A court may not grant credit against a sentence of imprisonment for time                                       
30 spent in a private residence or under electronic monitoring [IF THE PERSON HAS                                      
31 NOT COMMITTED A CRIMINAL OFFENSE WHILE UNDER ELECTRONIC                                                                 
01 MONITORING AND THE COURT IMPOSES RESTRICTIONS ON THE                                                                    
02 PERSON'S FREEDOM OF MOVEMENT AND BEHAVIOR WHILE UNDER THE                                                               
03 ELECTRONIC MONITORING PROGRAM, INCLUDING REQUIRING THE                                                                  
04       PERSON TO BE CONFINED TO A RESIDENCE EXCEPT FOR A                                                                 
05                 (1)  COURT APPEARANCE;                                                                                  
06                 (2)  MEETING WITH COUNSEL; OR                                                                           
07 (3)  PERIOD DURING WHICH THE PERSON IS AT A LOCATION                                                                    
08 ORDERED BY THE COURT FOR THE PURPOSES OF EMPLOYMENT,                                                                    
09 ATTENDING EDUCATIONAL OR VOCATIONAL TRAINING, PERFORMING                                                                
10 COMMUNITY VOLUNTEER WORK, OR ATTENDING A REHABILITATIVE                                                                 
11       ACTIVITY OR MEDICAL APPOINTMENT].                                                                                 
12    * Sec. 12. AS 12.55.027(e) is amended to read:                                                                     
13 (e)  If a defendant intends to claim credit toward a sentence of imprisonment                                           
14 for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING]                                                  
15 either as a condition of probation or as a condition of bail release after a petition to                                
16 revoke probation has been filed, the defendant shall file notice with the court and the                                 
17 prosecutor 10 days before the disposition hearing. The notice shall include the amount                                  
18 of time the defendant is claiming. The defendant must prove by a preponderance of the                                   
19 evidence that the credit claimed meets the requirements of this section. A court may                                    
20 not consider, except for good cause, a request for credit made under this subsection                                    
21       more than 90 days after the disposition hearing.                                                                  
22    * Sec. 13. AS 12.55.027(f) is amended to read:                                                                     
23            (f)  To qualify as a treatment program under this section, a program must                                    
24                 (1)  be intended to address criminogenic traits or behaviors;                                           
25                 (2)  provide measures of progress or completion; and                                                    
26 (3)  require notification to the prosecuting authority, pretrial services                                           
27 officer, [OFFICE] or probation officer if the person is discharged from the program                                 
28       for noncompliance.                                                                                                
29    * Sec. 14. AS 12.55.027 is amended by adding a new subsection to read:                                             
30 (i)  A court granting credit against a sentence of imprisonment under (a) of this                                       
31 section may grant credit of not more than 180 days against the total term of                                            
01       imprisonment imposed.                                                                                             
02    * Sec. 15. AS 12.61.015 is amended by adding a new subsection to read:                                             
03 (d)  The prosecuting attorney shall notify a victim of a sex offense as defined                                         
04 in AS 12.63.100 or crime involving domestic violence as defined in AS 18.66.990 if,                                     
05 before trial, the offender of the victim is discharged from a treatment program for                                     
06       noncompliance.                                                                                                    
07    * Sec. 16. AS 12.70.130 is amended to read:                                                                        
08            Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be                                 
09       lawfully made by a peace officer or a private person without a warrant upon                                       
10 reasonable information that the accused stands charged in the courts of another state                                   
11 with a crime punishable by death or imprisonment for a term exceeding one year, but                                     
12 when arrested the accused must be taken before a judge or magistrate without                                            
13 unnecessary delay and, in any event, within 48 [24] hours after arrest, [ABSENT                                     
14 COMPELLING CIRCUMSTANCES,] including Sundays and holidays, and                                                          
15 complaint shall be made against the accused under oath setting out the ground for the                                   
16 arrest as in AS 12.70.120. [THE HEARING BEFORE THE JUDGE OR                                                             
17 MAGISTRATE MAY NOT TAKE PLACE MORE THAN 48 HOURS AFTER                                                                  
18 ARREST.] Thereafter the answer of the accused shall be heard as if the accused had                                      
19       been arrested on a warrant.                                                                                       
20    * Sec. 17. AS 33.05.010 is amended to read:                                                                        
21 Sec. 33.05.010. Powers of commissioner. The commissioner shall administer                                             
22 a probation system, [AND] enforce the probation laws in the superior court, and                                 
23 provide supervision of defendants released while awaiting trial as ordered by the                                   
24       court.                                                                                                      
25    * Sec. 18.  AS 33.05.020 is amended by adding new subsections to read:                                             
26 (i)  The commissioner shall appoint and make available to the superior court                                            
27 and district court qualified pretrial services officers under AS 33.05.040(11) and                                      
28 assign pretrial services officers to each judicial district for the supervision of                                      
29       defendants released while awaiting trial as ordered by the court.                                                 
30 (j)  The commissioner may, in accordance with AS 36.30, procure and enter                                               
31 into agreements or contracts for the supervision of defendants on electronic                                            
01       monitoring during the pretrial period.                                                                            
02    * Sec. 19. AS 33.05.030(a) is amended to read:                                                                     
03            (a)  All probation officers made available to the courts under this chapter shall                            
04       be officers of the superior and district courts [COURT] and subject to the authority                          
05       of the superior and district courts [COURT].                                                                  
06    * Sec. 20. AS 33.05.040(a) is amended to read:                                                                     
07            (a)  A probation officer shall                                                                               
08                 (1)  furnish to each probationer under the supervision of the officer a                                 
09       written statement of the conditions of probation and shall instruct the probationer                               
10       regarding the same;                                                                                               
11 (2)  keep informed concerning the conduct and condition of each                                                         
12 probationer under the supervision of the officer and shall report on the probationer to                                 
13       the court placing that person on probation;                                                                       
14 (3)  use all suitable methods, not inconsistent with the conditions                                                     
15 imposed by the court, to aid probationers and to bring about improvements in their                                      
16       conduct and condition;                                                                                            
17 (4)  keep records of the probation work, including administrative                                                       
18 sanctions and incentives the probation officer imposes under AS 33.05.020(g), keep                                      
19 accurate and complete accounts of all money collected from persons under the                                            
20 supervision of the officer, give receipts for money collected and make at least monthly                                 
21 returns of it, make the reports to the court and the commissioner required by them, and                                 
22       perform other duties the court may direct;                                                                        
23 (5)  perform duties with respect to persons on parole as the                                                            
24       commissioner shall request, and in that service shall be termed a parole officer;                                 
25 (6)  use administrative sanctions and incentives developed under                                                        
26 AS 33.05.020(g) to respond to a probationer's negative and positive behavior,                                           
27 including responses to technical violations of conditions of probation, in a way that is                                
28 intended to interrupt negative behavior in a swift, certain, and proportional manner                                    
29       and support progress with a recognition of positive behavior;                                                     
30 (7)  upon determining that a probationer under the supervision of the                                                   
31 officer meets the requirements of AS 12.55.090(g), recommend to the court as soon as                                    
01       practicable that probation be terminated and the probationer be discharged from                                   
02       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)  perform duties with respect to persons on pretrial release as                                                 
15 the commissioner requests; in that service, the probation officer shall be                                          
16 considered to be acting as a pretrial services officer for the purposes of                                          
17       AS 33.05.045.                                                                                                 
18    * Sec. 21.  AS 33.05 is amended by adding a new section to read:                                                   
19 Sec. 33.05.045. Duties of probation officers when acting as pretrial services                                         
20       officers. A probation officer acting as a pretrial services officer shall                                       
21 (1)  upon order of the court and request by the commissioner, supervise                                                 
22 a defendant released while awaiting trial, which may include the supervision of                                         
23       electronic monitoring;                                                                                            
24 (2)  if the probation officer acting as a pretrial services officer has                                                 
25 probable cause to believe the defendant has committed an offense under AS 11.56.730                                     
26 or 11.56.757 or has violated the defendant's release conditions, file a complaint with                                  
27       the court and                                                                                                     
28 (A)  arrest, with or without a warrant, a defendant who has been                                                        
29            released while awaiting trial; or                                                                            
30 (B)  request the court to issue a warrant related to any violation                                                      
31            of the defendant's release conditions;                                                                       
01 (3)  refer interested defendants for substance abuse screening,                                                         
02 assessment, and treatment on a voluntary basis and assist any defendant whose offense                                   
03 or criminal history identified a dependency on, abuse of, or addiction to alcohol or                                    
04 controlled substances with accessing and obtaining appropriate treatment in the                                         
05       community to address those needs.                                                                                 
06    * Sec. 22. AS 33.16.190 is amended to read:                                                                        
07 Sec. 33.16.190. Authority of parole [, PRETRIAL SERVICES,] and                                                        
08 probation officers. An officer appointed by the commissioner under AS 33.05.020(a)                                    
09 [, AS 33.07,] or this chapter [,] may discharge duties under AS 33.05 [, AS 33.07,] or                                  
10       this chapter.                                                                                                     
11    * Sec. 23. AS 44.19.645(g) is amended to read:                                                                     
12 (g)  The Department of Corrections shall report quarterly to the working group                                          
13 authorized in (b)(3) of this section. The report shall include the following information:                               
14 (1)  data on pretrial decision making and outcomes, including                                                           
15 information on pretrial detainees admitted for a new criminal charge; detainees                                         
16 released at any point before case resolution; time spent detained before first release or                               
17 case resolution [; PRETRIAL DEFENDANT RISK LEVEL AND CHARGE;                                                            
18 PRETRIAL RELEASE RECOMMENDATIONS MADE BY PRETRIAL SERVICES                                                              
19 OFFICERS]; pretrial conditions imposed on pretrial detainees by judicial officers,                                      
20 including amount of bail, and supervision conditions; and information on pretrial                                       
21 outcomes, including whether or not the defendant appeared in court or was re-arrested                                   
22       during the pretrial period;                                                                                       
23 (2)  data on offenders admitted to the Department of Corrections for a                                                  
24 new criminal conviction, including the offense type, number of prior felony                                             
25       convictions, sentence length, and length of stay;                                                                 
26 (3)  data on the population of the Department of Corrections, using a                                                   
27 one-day snapshot on the first day of the first month of each quarter, broken down by                                    
28       type of admission, offense type, and risk level;                                                                  
29 (4)  data on offenders on probation supervised by the Department of                                                     
30 Corrections, including the total number of offenders supervised using a one-day                                         
31 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
01 program under AS 33.05.020(f); probation sentence length; time served on the                                            
02 sentence; whether probation was successfully completed, any new convictions for a                                       
03       felony offense, and any sentences to a term of imprisonment while on probation;                                   
04 (5)  data on parole, including the number of offenders supervised on                                                    
05 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
06 parole hearings; the parole grant rate and number of parolees released on discretionary                                 
07 and special medical parole; and information on parolees, including time spent on                                        
08 parole, whether parole was successfully completed, any new convictions for a new                                        
09       felony offense, and any sentences to a term of imprisonment while on parole;                                      
10 (6)  data on the implementation of policies from the 2015 justice                                                       
11 reinvestment report, including the number and percentage of offenders who earn                                          
12 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                         
13 and the total amount of credits earned; the average number of sanctions issued under                                    
14 AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most                                  
15       common violations of probation or parole; and                                                                     
16 (7)  data on probation and parole revocations, including information on                                                 
17 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
18 resolution; probationers and parolees admitted solely for a technical violation;                                        
19 probationers and parolees admitted for a new arrest; the number of previous                                             
20 revocations on the current sentence, if any; the length of time held pre-case resolution;                               
21       the length of time to case resolution; and the length of stay.                                                    
22    * Sec. 24.  The uncodified law of the State of Alaska is amended by adding a new section to                        
23 read:                                                                                                                   
24 DIRECT COURT RULE AMENDMENT. Rule 38.2(a), Alaska Rules of                                                              
25       Criminal Procedure, is amended to read:                                                                           
26 (a)  The Administrative Director of the Alaska Court System, after consultation                                         
27 with the presiding judge, Public Defender Agency, and Attorney General's Office,                                        
28 may enter into agreements with the Department of Public Safety and Department of                                        
29 Corrections which approve systems allowing judges to provide for the appearance by a                                    
30 defendant at certain criminal proceedings by way of contemporaneous two-way                                         
31 video conference [TELEVISION] equipment in lieu of the physical presence of the                                     
01       defendant in the courtroom. Such an agreement must provide for a procedure by which                               
02       the defendant may confer with the defendant's attorney in private.                                                
03    * Sec. 25.  The uncodified law of the State of Alaska is amended by adding a new section to                        
04 read:                                                                                                                   
05            DIRECT COURT RULE AMENDMENT. Rule 38.2(b), Alaska Rules of                                                   
06       Criminal Procedure, is amended to read:                                                                           
07 (b)  In those court locations in which a contemporaneous two-way video                                              
08 conference [TELEVISION] system has been approved by the supreme court and has                                       
09 been installed, in custody defendants shall appear by way of contemporaneous two-                                   
10 way video conference [TELEVISION] for arraignment, pleas, and non-evidentiary                                       
11 bail reviews in traffic and misdemeanor cases; and initial appearance hearings, non-                                    
12 evidentiary bail reviews, and not guilty plea arraignments in felony cases, unless                                      
13 otherwise ordered for cause stated by the presiding judge. With the defendant's                                         
14 consent, sentencings may be done by way of contemporaneous two-way video                                            
15 conference [TELEVISION] in traffic and misdemeanor cases. The court may order                                   
16 a defendant to appear by contemporaneous two-way video conference at any                                            
17 other hearings. In any particular case, the trial court may order that the defendant be                             
18 transported to court for court proceedings if the trial judge finds that the defendant's                                
19       rights would be prejudiced by use of the system.                                                                  
20    * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22 DIRECT COURT RULE AMENDMENT. Rule 45(d), Alaska Rules of                                                                
23       Criminal Procedure, is amended to read:                                                                           
24 (d)  Excluded Periods. The following periods shall be excluded in computing                                           
25       the time for trial:                                                                                               
26 (1)  The period of delay resulting from other proceedings concerning                                                    
27 the defendant, including but not limited to motions to dismiss or suppress,                                             
28 examinations and hearings on competency, the period during which the defendant is                                       
29 incompetent to stand trial, interlocutory appeals, and trial of other charges. No pretrial                              
30 motion shall be held under advisement for more than 30 days and any time longer than                                    
31       30 days shall not be considered as an excluded period.                                                            
01 (2)  The period of delay resulting from an adjournment or continuance                                                   
02 granted at the timely request or with the consent of the defendant or [AND] the                                     
03 defendant's counsel. The court shall grant such a continuance only if it is satisfied that                              
04 the postponement is in the interest of justice, taking into account the public interest in                              
05 the prompt disposition of criminal offenses, and after consideration of the interests of                                
06 the crime victim, if known, as provided in (h) of this rule. A defendant without                                        
07 counsel shall not be deemed to have consented to a continuance unless the defendant                                     
08 has been advised by the court of the right to a speedy trial under this rule and of the                                 
09       effect of consent.                                                                                                
10 (3)  The period of delay resulting from a continuance granted at the                                                    
11       timely request of the prosecution, if:                                                                            
12 (A)  The continuance is granted because of the unavailability of                                                        
13 evidence material to the state's case, when the prosecuting attorney has                                                
14 exercised due diligence to obtain such evidence and there are reasonable                                                
15            grounds to believe that such evidence will be available at the later date; or                                
16 (B)  The continuance is granted to allow the prosecuting                                                                
17 attorney in a felony case additional time to prepare the state's case and                                               
18 additional time is justified because of the exceptional complexity of the                                               
19            particular case.                                                                                             
20 (4)  The period of delay resulting from the absence or unavailability of                                                
21 the defendant. A defendant should be considered absent whenever the defendant's                                         
22 whereabouts are unknown and in addition the defendant is attempting to avoid                                            
23 apprehension or prosecution or the defendant's whereabouts cannot be determined by                                      
24 due diligence. A defendant should be considered unavailable whenever the defendant's                                    
25 whereabouts are known but the defendant's presence for trial cannot be obtained or the                                  
26       defendant resists being returned to the state for trial.                                                          
27 (5)  A reasonable period of delay when the defendant is joined for trial                                                
28 with a codefendant as to whom the time for trial has not run and there is good cause                                    
29 for not granting a severance. In all other cases, the defendant shall be granted a                                      
30 severance in order that the defendant may be tried within the time limits applicable to                                 
31       the defendant.                                                                                                    
01 (6)  The period of delay resulting from detention of the defendant in                                                   
02 another jurisdiction provided the prosecuting attorney has been diligent and has made                                   
03 reasonable efforts to obtain the presence of the defendant for trial. When the                                          
04 prosecution is unable to obtain the presence of the defendant in detention, and seeks to                                
05 exclude the period of detention, the prosecution shall cause a detainer to be filed with                                
06 the official having custody of the defendant and request the official to advise the                                     
07 defendant of the detainer and to inform the defendant of the defendant's rights under                                   
08       this rule.                                                                                                        
09                 (7)  Other periods of delay for good cause.                                                             
10    * Sec. 27.  AS 12.55.027(g); AS 33.07.010, 33.07.020, 33.07.030, 33.07.040, and 33.07.090                          
11 are repealed.                                                                                                           
12    * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to                         
13 read:                                                                                                                   
14       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
15 the effective date of those sections:                                                                                   
16 (1)  AS 12.25.150(a), as amended by sec. 2 of this Act;                                                                 
17 (2)  AS 12.30.006(b), as amended by sec. 3 of this Act;                                                                 
18 (3)  AS 12.30.006(c), as amended by sec. 4 of this Act;                                                                 
19 (4)  AS 12.30.006(d), as amended by sec. 5 of this Act;                                                                 
20            (5)  AS 12.30.006(f), as amended by sec. 6 of this Act;                                                      
21            (6)  AS 12.30.011, as repealed and reenacted by sec. 7 of this Act;                                          
22            (7)  AS 12.30.021(a), as amended by sec. 8 of this Act;                                                      
23            (8)  AS 12.30.021(c), as amended by sec. 9 of this Act;                                                      
24            (9)  AS 12.70.130, as amended by sec. 16 of this Act;                                                        
25            (10)  AS 33.05.010, as amended by sec. 17 of this Act;                                                       
26            (11)  AS 33.05.020(i) and (j), enacted by sec. 18 of this Act;                                               
27            (12)  AS 33.05.030(a), as amended by sec. 19 of this Act;                                                    
28            (13)  AS 33.05.040, as amended by sec. 20 of this Act; and                                                   
29            (14)  AS 33.05.045, enacted by sec. 21 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 12.55.027(d), as amended by sec. 11 of this Act;                                                     
02            (2)  AS 12.55.027(e), as amended by sec. 12 of this Act;                                                     
03            (3)  AS 12.55.027(f), as amended by sec. 13 of this Act; and                                                 
04            (4)  AS 12.55.027(i), enacted by sec. 14 of this Act.                                                        
05       (c)  AS 12.55.025(m), enacted by sec. 10 of this Act, applies to sentences imposed on                             
06 or after the effective date of sec. 10 of this Act for offenses committed before, on, or after the                      
07 effective date of sec. 10 of this Act.                                                                                  
08    * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       TRANSITION. Probation officers acting as pretrial services officers under                                         
11 AS 33.05.045, enacted by sec. 21 of this Act, shall supervise defendants in accordance with                             
12 orders for pretrial services issued under former AS 12.30.006, 12.30.021, and AS 33.07.                                 
13    * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       CONDITIONAL EFFECT. Sections 24 - 26 of this Act take effect only if secs. 24 - 26                                
16 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15,                            
17 Constitution of the State of Alaska.                                                                                    
18    * Sec. 31. This Act takes effect July 1, 2019.