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CSSB 34(JUD): "An Act relating to probation and parole; relating to early termination of probation and parole; relating to restoration of a driver's license; relating to eligibility for discretionary parole; relating to good time; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 34(JUD)                                                                    
01 "An Act relating to probation and parole; relating to early termination of probation and                                
02 parole; relating to restoration of a driver's license; relating to eligibility for                                      
03 discretionary parole; relating to good time; and providing for an effective date."                                      
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.55.025(c) is amended to read:                                                                   
06 (c)  Except as provided in (d) of this section, when a defendant is sentenced to                                        
07 imprisonment, the term of confinement commences on the date of imposition of                                            
08 sentence unless the court specifically provides that the defendant must report to serve                                 
09 the sentence on another date. If the court provides another date to begin the term of                                   
10 confinement, the court shall provide the defendant with written notice of the date,                                     
11 time, and location of the correctional facility to which the defendant must report. A                                   
12 defendant shall receive credit for time spent in custody pending trial, sentencing, or                                  
13 appeal, if the detention was in connection with the offense for which the sentence was                              
14 imposed [INCLUDING A TECHNICAL VIOLATION OF PROBATION AS                                                                
01 PROVIDED IN AS 12.55.110]. A defendant may not receive credit for more than the                                         
02 actual time spent in custody pending trial, sentencing, or appeal. The time during                                      
03 which a defendant is voluntarily absent from official detention after the defendant has                                 
04       been sentenced may not be credited toward service of the sentence.                                                
05    * Sec. 2. AS 12.55.051(a) is amended to read:                                                                      
06 (a)  If the defendant defaults in the payment of a fine or any installment or of                                        
07 restitution or any installment, the court may order the defendant to show cause why                                     
08 the defendant should not be sentenced to imprisonment for nonpayment and, if the                                        
09 payment was made a condition of the defendant's probation, may revoke the probation                                     
10 of the defendant [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. In a                                                  
11 contempt or probation revocation proceeding brought as a result of failure to pay a                                     
12 fine or restitution, it is an affirmative defense that the defendant was unable to pay                                  
13 despite having made continuing good faith efforts to pay the fine or restitution. If the                                
14 court finds that the defendant was unable to pay despite having made continuing good                                    
15 faith efforts, the defendant may not be imprisoned solely because of the inability to                                   
16 pay. If the court does not find that the default was attributable to the defendant's                                    
17 inability to pay despite having made continuing good faith efforts to pay the fine or                                   
18 restitution, the court may order the defendant imprisoned until the order of the court                              
19 is satisfied [SUBJECT TO THE LIMITS SET OUT IN AS 12.55.110]. A term of                                             
20 imprisonment imposed under this section may not exceed one day for each $50 of the                                      
21 unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall                               
22 be given toward satisfaction of the order of the court for every day a person is                                        
23       incarcerated for nonpayment of a fine or restitution.                                                             
24    * Sec. 3. AS 12.55.090(g) is amended to read:                                                                      
25 (g)  A probation officer may [SHALL] recommend to the court that probation                                          
26       be terminated and a defendant be discharged from probation if the defendant                                       
27                 (1)  [HAS COMPLETED AT LEAST                                                                            
28 (A)  TWO YEARS ON PROBATION IF THE PERSON WAS                                                                           
29 CONVICTED OF A CLASS A OR CLASS B FELONY THAT IS NOT A                                                                  
30            CRIME UNDER (5) OF THIS SUBSECTION; OR                                                                       
31 (B)  18 MONTHS ON PROBATION IF THE PERSON WAS                                                                           
01            CONVICTED OF A CRIME THAT IS NOT A CRIME                                                                     
02                           (i)  UNDER (A) OF THIS PARAGRAPH; OR                                                          
03                           (ii)  UNDER (5) OF THIS SUBSECTION;                                                           
04                 (2)]  has completed all treatment programs required as a condition of                                   
05       probation;                                                                                                        
06                 (2) [(3)  HAS NOT BEEN FOUND IN VIOLATION OF                                                        
07       CONDITIONS OF PROBATION BY THE COURT FOR THE PERIOD SPECIFIED                                                     
08       IN (1) OF THIS SUBSECTION;                                                                                        
09                 (4)]  is currently in compliance with all conditions of probation for all                               
10       of the cases for which the person is on probation; and                                                            
11 (3) [(5)]  has not been convicted of an unclassified felony offense, a                                              
12 sexual felony as defined in AS 12.55.185, or a crime involving domestic violence as                                     
13       defined in AS 18.66.990.                                                                                          
14    * Sec. 4. AS 28.35.030(o) is amended to read:                                                                      
15 (o)  Upon request, the department shall review a driver's license revocation                                            
16 imposed under (n)(3) of this section and, unless the revocation was ordered in a                                    
17 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
18       11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction,                                    
19                 (1)  may restore the driver's license if                                                                
20 (A)  the license has been revoked for a period of at least 10                                                           
21            years;                                                                                                       
22 (B)  the person has not been convicted of a driving-related                                                             
23 criminal offense or a felony in the 10 years preceding the request for                                              
24            restoration of [SINCE] the license [WAS REVOKED]; and                                                    
25                      (C)  the person provides proof of financial responsibility;                                        
26                 (2)  shall restore the driver's license if                                                              
27 (A)  the person has been granted limited license privileges                                                             
28 under AS 28.15.201(g) and has successfully driven under that limited license                                            
29            for three years without having the limited license privileges revoked;                                       
30 (B)  the person has successfully completed a court-ordered                                                              
31 treatment program under AS 28.35.028 or a rehabilitative treatment program                                              
01            under AS 28.15.201(h);                                                                                       
02                      (C)  the person has not been convicted of a violation of                                           
03            AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another                                   
04            jurisdiction since the license was revoked;                                                                  
05 (D)  the person is otherwise eligible to have the person's driving                                                      
06 privileges restored as provided in AS 28.15.211; in an application under this                                           
07 subsection, a person whose license was revoked for a violation of                                                       
08 AS 28.35.030(n) or 28.35.032(p) is not required to submit compliance as                                                 
09            required under AS 28.35.030(h) or 28.35.032(l); and                                                          
10                      (E)  the person provides proof of financial responsibility.                                        
11    * Sec. 5. AS 28.35.032(q) is amended to read:                                                                      
12 (q)  Upon request, the department shall review a driver's license revocation                                            
13 imposed under (p)(3) of this section and, unless the revocation was ordered in a                                    
14 case in which the person was also convicted of a crime under AS 11.41.100 -                                         
15 11.41.210, 11.41.280, 11.41.282, or a similar law in another jurisdiction, may                                      
16       restore the driver's license if                                                                                   
17                 (1)  the license has been revoked for a period of at least 10 years;                                    
18 (2)  the person has not been convicted of a driving-related criminal                                                
19 offense or a felony in the 10 years preceding the request for restoration of                                        
20       [SINCE] the license [WAS REVOKED]; and                                                                            
21                 (3)  the person provides proof of financial responsibility.                                             
22    * Sec. 6. AS 33.05.020(h) is amended to read:                                                                      
23 (h)  The commissioner shall establish by regulation a program that entitles a                                       
24 probationer to a deduction of one-third of the period of probation, rounded off to                                  
25 the nearest day, for compliance [ALLOWING PROBATIONERS TO EARN                                                      
26 CREDITS FOR COMPLYING] with the conditions of probation and for loss of the                                         
27 deduction for noncompliance with the conditions [THE CREDITS EARNED                                                 
28 REDUCE THE PERIOD OF PROBATION]. Nothing in this subsection prohibits the                                               
29 department from recommending to the court the early discharge of the probationer as                                     
30       provided in AS 33.30. At a minimum, the regulations must                                                          
31 (1)  [REQUIRE THAT A PROBATIONER EARN A CREDIT OF 30                                                                    
01       DAYS FOR EACH 30-DAY PERIOD SERVED IN WHICH THE DEFENDANT                                                         
02       COMPLIED WITH THE CONDITIONS OF PROBATION;                                                                        
03                 (2)]  include policies and procedures for                                                               
04                      (A)  calculating and tracking credits earned by probationers;                                      
05                      (B)  reducing the probationer's period of probation based on the                               
06            probationer's compliance with the conditions of probation [CREDITS                                       
07            EARNED BY THE PROBATIONER]; and                                                                              
08                      (C)  notifying a victim under AS 33.30.013;                                                        
09                 (2) [(3)]  require that a probationer convicted of a [SEX OFFENSE AS                                
10 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence as defined in                                           
11 as 18.66.990 complete all treatment programs required as a condition of probation                                       
12       before discharge based on credits earned under this subsection.                                                   
13    * Sec. 7. AS 33.05.020 is amended by adding a new subsection to read:                                              
14 (i)  A probationer may not be enrolled in the program established under (h) of                                          
15       this section if the probationer is on probation for                                                               
16                 (1)  an unclassified felony;                                                                            
17                 (2)  a sex offense as defined in AS 12.63.100;                                                          
18                 (3)  a felony crime against a person under AS 11.41;                                                    
19 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                                   
20       that is an offense under AS 11.41.                                                                                
21    * Sec. 8. AS 33.05.040(a) is amended to read:                                                                      
22            (a)  A probation officer shall                                                                               
23 (1)  furnish to each probationer under the supervision of the officer a                                                 
24 written statement of the conditions of probation and shall instruct the probationer                                     
25       regarding the same;                                                                                               
26 (2)  keep informed concerning the conduct and condition of each                                                         
27 probationer under the supervision of the officer and shall report on the probationer to                                 
28       the court placing that person on probation;                                                                       
29 (3)  use all suitable methods, not inconsistent with the conditions                                                     
30 imposed by the court, to aid probationers and to bring about improvements in their                                      
31       conduct and condition;                                                                                            
01 (4)  keep records of the probation work, [INCLUDING                                                                     
02 ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION                                                                   
03 OFFICER IMPOSES UNDER AS 33.05.020(g),] keep accurate and complete                                                      
04 accounts of all money collected from persons under the supervision of the officer, give                                 
05 receipts for money collected and make at least monthly returns of it, make the reports                                  
06 to the court and the commissioner required by them, and perform other duties the court                                  
07       may direct;                                                                                                       
08 (5)  perform duties with respect to persons on parole as the                                                            
09       commissioner shall request, and in that service shall be termed a parole officer;                                 
10 (6)  [USE ADMINISTRATIVE SANCTIONS AND INCENTIVES                                                                       
11 DEVELOPED UNDER AS 33.05.020(g) TO RESPOND TO A PROBATIONER'S                                                           
12 NEGATIVE AND POSITIVE BEHAVIOR, INCLUDING RESPONSES TO                                                                  
13 TECHNICAL VIOLATIONS OF CONDITIONS OF PROBATION, IN A WAY                                                               
14 THAT IS INTENDED TO INTERRUPT NEGATIVE BEHAVIOR IN A SWIFT,                                                             
15 CERTAIN, AND PROPORTIONAL MANNER AND SUPPORT PROGRESS WITH                                                              
16       A RECOGNITION OF POSITIVE BEHAVIOR;                                                                               
17 (7)]  upon determining that a probationer under the supervision of the                                                  
18 officer meets the requirements of AS 12.55.090(g), consider recommending                                            
19 [RECOMMEND] to the court [AS SOON AS PRACTICABLE] that probation be                                                     
20       terminated and the probationer be discharged from probation;                                                      
21 (7) [(8)]  for each probationer who owes restitution and who is under                                               
22 the supervision of the officer, create a restitution payment schedule based on the                                      
23 probationer's income and ability to pay if the court has not already set a restitution                                  
24       payment schedule;                                                                                                 
25 (8) [(9)]  accommodate the diligent efforts of each probationer to secure                                           
26 and maintain steady employment or to participate in educational courses or training                                     
27       programs when prescribing the times at which a probationer shall report;                                          
28 (9) [(10)]  permit each probationer to travel in the state to make diligent                                         
29 efforts to secure and maintain steady employment or to participate in educational                                       
30 courses or training programs if the travel is not inconsistent with other terms and                                     
31       conditions of probation;                                                                                      
01                 (10)  report on the probationer by making a recommendation to                                       
02       the court to revoke probation or to maintain existing probation conditions.                                   
03    * Sec. 9. AS 33.16.060(a) is amended to read:                                                                      
04            (a)  The board shall                                                                                         
05                 (1)  serve as the parole authority for the state;                                                       
06 (2)  upon receiving a prisoner's application, consider the suitability                                              
07 for parole of the [A] prisoner if the prisoner [WHO] is eligible for discretionary                              
08 parole or [AT LEAST 90 DAYS BEFORE THE PRISONER'S FIRST DATE OF                                                     
09 ELIGIBILITY AND UPON RECEIPT OF THE PRISONER'S APPLICATION FOR]                                                         
10       special medical parole;                                                                                           
11 (3)  impose parole conditions on all prisoners released under special                                                   
12       medical, discretionary, or mandatory parole;                                                                      
13 (4)  under AS 33.16.210, discharge a person from parole when custody                                                    
14       is no longer required;                                                                                            
15                 (5)  maintain records of the meetings and proceedings of the board;                                     
16 (6)  recommend to the governor and the legislature changes in the law                                                   
17       administered by the board;                                                                                        
18 (7)  recommend to the governor or the commissioner changes in the                                                       
19 practices of the department and of other departments of the executive branch                                            
20       necessary to facilitate the purposes and practices of parole;                                                     
21 (8)  upon request of the governor, review and recommend applicants                                                      
22       for executive clemency; and                                                                                       
23                 (9)  execute other responsibilities prescribed by law.                                                  
24    * Sec. 10. AS 33.16.090(a) is amended to read:                                                                     
25 (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                             
26 days may, in the discretion of the board, be released on discretionary parole if the                                    
27       prisoner                                                                                                          
28 (1)  has served the amount of time specified under (b) of this section,                                                 
29       except that                                                                                                       
30 (A)  a prisoner sentenced to one or more mandatory 99-year                                                              
31 terms under AS 12.55.125(a) or one or more definite terms under                                                         
01            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
02                      (B)  a prisoner is not eligible for consideration of discretionary                                 
03            parole if made ineligible by order of a court under AS 12.55.115;                                            
04                      (C)  a prisoner imprisoned under AS 12.55.086 is not eligible                                      
05            for discretionary parole unless the actual term of imprisonment is more than                                 
06            one year;                                                                                                    
07 (D)  a prisoner sentenced to a single sentence within or                                                            
08 below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3)                                          
09 and (4), or (i) who has not been allowed by the three-judge panel under                                             
10 AS 12.55.175 to be considered for discretionary parole release is not                                               
11            eligible for consideration of discretionary parole;                                                      
12 (E)  a prisoner sentenced to a single sentence, including a                                                         
13 consecutive or partially consecutive sentence, that is not eligible for a good                                      
14 time deduction under AS 33.20.010(a)(3) and that has not been allowed by                                            
15 the three-judge panel under AS 12.55.175 to be considered for                                                       
16 discretionary parole release is not eligible for consideration of                                                   
17            discretionary parole; or                                                                                 
18 (2)  is at least 60 years of age, has served at least 10 years of a sentence                                            
19 for one or more crimes in a single judgment, and has not been convicted of an                                           
20       unclassified felony or a sexual felony as defined in AS 12.55.185.                                                
21    * Sec. 11. AS 33.16.090(b) is amended to read:                                                                     
22            (b)  A prisoner eligible under (a)(1) of this section who is sentenced                                       
23 (1)  to a single sentence under AS 12.55.125(a) or (b) may not be                                                       
24 released on discretionary parole until the prisoner has served the mandatory minimum                                    
25 term under AS 12.55.125(a) or (b), one-half [ONE-THIRD] of the active term of                                       
26       imprisonment imposed, or any term set under AS 12.55.115, whichever is greatest;                                  
27 (2)  to a single sentence within or below a presumptive range set out in                                                
28 AS 12.55.125(i)(1) and (2), and has not been allowed by the three-judge panel under                                     
29 AS 12.55.175 to be considered for discretionary parole release, may not be released on                                  
30 discretionary parole until the prisoner has served the term imposed, less good time                                     
31       earned under AS 33.20.010;                                                                                        
01 (3)  to a single sentence under AS 12.55.125(c), (d)(2) - (4), (e)(3) and                                           
02 (4), or (i) [AS 12.55.125(i)], and has been allowed by the three-judge panel under                                  
03 AS 12.55.175 to be considered for discretionary parole release during the second half                                   
04       of the sentence, may not be released on discretionary parole until                                                
05                      (A)  the prisoner has served that portion of the active term of                                    
06            imprisonment required by the three-judge panel; and                                                          
07                      (B)  in addition to the factors set out in AS 33.16.100(a), the                                    
08            board determines that                                                                                        
09                           (i)  the prisoner has successfully completed all                                              
10 rehabilitation programs ordered by the three-judge panel that were                                                      
11                 made available to the prisoner; and                                                                     
12 (ii)  the prisoner would not constitute a danger to the                                                                 
13                 public if released on parole;                                                                           
14 (4)  to a single enhanced sentence under AS 12.55.155(a) that is above                                                  
15 the applicable presumptive range may not be released on discretionary parole until the                                  
16       prisoner has served the greater of the following:                                                                 
17 (A)  an amount of time, less good time earned under                                                                     
18 AS 33.20.010, equal to the upper end of the presumptive range plus one-fourth                                           
19            of the amount of time above the presumptive range; or                                                        
20                      (B)  any term set under AS 12.55.115;                                                              
21 (5)  to a single sentence under any other provision of law may not be                                                   
22 released on discretionary parole until the prisoner has served at least one-fourth of the                               
23 active term of imprisonment, any mandatory minimum sentence imposed under any                                           
24       provision of law, or any term set under AS 12.55.115, whichever is greatest;                                      
25 (6)  to concurrent sentences may not be released on discretionary parole                                                
26       until the prisoner has served the greatest of                                                                     
27 (A)  any mandatory minimum sentence or sentences imposed                                                                
28            under any provision of law;                                                                                  
29                      (B)  any term set under AS 12.55.115; or                                                           
30 (C)  the amount of time that is required to be served under (1) -                                                       
31 (5) or (8) of this subsection for the sentence imposed for the primary crime,                                       
01            had that been the only sentence imposed;                                                                     
02                 (7)  to consecutive or partially consecutive sentences may not be                                       
03       released on discretionary parole until the prisoner has served the greatest of                                    
04                      (A)  the composite total of any mandatory minimum sentence or                                      
05            sentences imposed under any provision of law, including AS 12.55.127;                                        
06                      (B)  any term set under AS 12.55.115; or                                                           
07 (C)  the amount of time that is required to be served under (1) -                                                       
08 (5) or (8) of this subsection for the sentence imposed for the primary crime,                                       
09 had that been the only sentence imposed, plus one-quarter of the composite                                              
10 total of the active term of imprisonment imposed as consecutive or partially                                            
11            consecutive sentences imposed for all crimes other than the primary crime;                                   
12 (8)  to a single sentence under AS 12.55.125(d) for an offense under                                                
13 AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by                                 
14 the three-judge panel under AS 12.55.175 to be considered for discretionary parole                                      
15 release, may not be released on discretionary parole until the prisoner has served [,                                   
16 AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010,] one-                                                        
17       half of the active term of imprisonment imposed.                                                                  
18    * Sec. 12. AS 33.16.100(a) is amended to read:                                                                     
19 (a)  The board may authorize the release of a prisoner [CONVICTED OF AN                                                 
20 UNCLASSIFIED FELONY] who is otherwise eligible under AS 12.55.115 and                                                   
21 AS 33.16.090(a)(1) on discretionary parole if it determines a reasonable probability                                    
22       exists that                                                                                                       
23 (1)  the prisoner will live and remain at liberty without violating any                                                 
24       laws or conditions imposed by the board;                                                                          
25 (2)  the prisoner's rehabilitation and reintegration into society will be                                               
26       furthered by release on parole;                                                                                   
27 (3)  the prisoner will not pose a threat of harm to the public if released                                              
28       on parole; and                                                                                                    
29 (4)  release of the prisoner on parole would not diminish the                                                           
30       seriousness of the crime.                                                                                         
31    * Sec. 13. AS 33.16.100 is amended by adding a new subsection to read:                                             
01 (h)  If the board considers an application for discretionary parole and denies                                          
02 parole because the prisoner does not meet the standards in (a) or (g) of this section, the                              
03 board may make the prisoner ineligible for further consideration of discretionary                                       
04 parole or require that additional time be served before the prisoner is again eligible for                              
05       consideration for discretionary parole.                                                                           
06    * Sec. 14. AS 33.16.130(a) is repealed and reenacted to read:                                                      
07 (a)  A prisoner eligible for discretionary parole may apply to the board for                                            
08 discretionary parole. As part of the application for parole, the prisoner shall submit to                               
09 the board a parole release plan that includes information concerning the prisoner's plan                                
10       for employment, residence, and rehabilitation if released on parole.                                              
11    * Sec. 15. AS 33.16.130(b) is amended to read:                                                                     
12 (b)  Before the board determines a prisoner's suitability for discretionary                                         
13 parole, the prisoner is entitled to a hearing before the board. The                                                 
14 [COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL FURNISH                                                              
15 TO THE] prisoner shall be furnished a copy of the preparole reports listed in                                       
16 AS 33.16.110(a), and the prisoner shall be permitted access to all records that the                                     
17 board will consider in making its decision except those that are made confidential by                                   
18 law. The prisoner may also respond in writing to all materials the board considers, be                                  
19       present at the hearing, and present evidence to the board.                                                        
20    * Sec. 16. AS 33.16.210(c) is amended to read:                                                                     
21 (c)  A parole officer may [SHALL] recommend to the board early discharge                                            
22       for a parolee who                                                                                                 
23                 (1)  has completed at least one year on parole;                                                         
24 (2)  has completed all treatment programs required as a condition of                                                    
25       parole;                                                                                                           
26 (3)  is currently in compliance with all conditions of parole for all                                               
27 of the cases for which the person is on parole [HAS NOT BEEN FOUND IN                                               
28 VIOLATION OF CONDITIONS OF PAROLE BY THE BOARD FOR AT LEAST                                                             
29       ONE YEAR]; and                                                                                                    
30                 (4)  has not been convicted of                                                                          
31                      (A)  an unclassified felony offense under AS 11;                                                   
01                      (B)  a sexual felony as defined in AS 12.55.185; or                                                
02                      (C)  a crime involving domestic violence as defined in                                             
03            AS 18.66.990.                                                                                                
04    * Sec. 17. AS 33.16.220(b) is amended to read:                                                                     
05 (b)  Except as provided in (e) of this section, within 15 working days after the                                        
06 arrest and incarceration of a parolee for violation of a condition of parole [, OTHER                                   
07 THAN A TECHNICAL VIOLATION UNDER AS 33.16.215], the board or its                                                        
08 designee shall hold a preliminary hearing. At the preliminary hearing, the board or its                                 
09 designee shall determine if there is probable cause to believe that the parolee violated                                
10 the conditions of parole and, when probable cause exists, whether the parolee should                                    
11 be released pending a final revocation hearing. A finding of probable cause at a                                        
12 preliminary hearing in a criminal case is conclusive proof of probable cause that a                                     
13       parole violation occurred.                                                                                        
14    * Sec. 18. AS 33.16.220(i) is amended to read:                                                                     
15 (i)  If, after the final revocation hearing, the board finds that the parolee has                                       
16 violated a condition of parole imposed under AS 33.16.150(a), (b), or (f), or a law or                                  
17 ordinance, the board may revoke all or a portion of the remaining period of parole                                      
18 [SUBJECT TO THE LIMITS SET OUT IN AS 33.16.215,] or change any condition                                                
19 of parole. A parolee's period of parole is tolled from the date of filing with the parole                               
20 board of a violation report until the date of the final revocation hearing [FOR                                     
21 ABSCONDING AND THE DATE OF THE PAROLEE'S ARREST, IF THE                                                                 
22 PAROLE BOARD FINDS, AFTER A HEARING, THAT THE PAROLEE                                                                   
23 VIOLATED PAROLE BY ABSCONDING, AS DEFINED IN AS 33.16.215(f). THE                                                       
24 BOARD MAY NOT EXTEND THE PERIOD OF PAROLE BEYOND THE                                                                    
25 MAXIMUM RELEASE DATE CALCULATED BY THE DEPARTMENT ON THE                                                                
26 PAROLEE'S ORIGINAL SENTENCE PLUS ANY TIME THAT HAS BEEN                                                                 
27       TOLLED AS DESCRIBED IN THIS SECTION].                                                                             
28    * Sec. 19. AS 33.16.270 is amended to read:                                                                        
29 Sec. 33.16.270. Compliance [EARNED COMPLIANCE] credits. The                                                         
30 commissioner shall establish by regulation a program that entitles a parolee to a                                   
31 deduction of one-third of the period of parole, rounded off to the nearest day, for                                 
01 compliance [ALLOWING PAROLEES TO EARN CREDITS FOR COMPLYING]                                                        
02 with the conditions of parole and for loss of the deduction for noncompliance with                                  
03 the conditions [THE EARNED COMPLIANCE CREDITS REDUCE THE PERIOD                                                     
04 OF PAROLE]. Nothing in this section prohibits the department from recommending                                          
05 to the board the early discharge of the parolee as provided in this chapter. At a                                       
06       minimum, the regulations must                                                                                     
07 (1)  [REQUIRE THAT A PAROLEE EARN A CREDIT OF 30 DAYS                                                                   
08 FOR EACH 30-DAY PERIOD SERVED IN WHICH THE PAROLEE COMPLIED                                                             
09       WITH THE CONDITIONS OF PAROLE;                                                                                    
10                 (2)]  include policies and procedures for                                                               
11                      (A)  calculating and tracking credits earned by parolees;                                          
12 (B)  reducing the parolee's period of parole based on the                                                           
13 parolee's compliance with the conditions of parole; [CREDITS EARNED                                                 
14            BY THE PAROLEE] and                                                                                          
15                      (C)  notifying a victim under AS 33.30.013;                                                    
16 (2) [(3)]  require that a parolee convicted of a [SEX OFFENSE AS                                                    
17 DEFINED IN AS 12.63.100 OR A] crime involving domestic violence, as defined in                                      
18 AS 18.66.990, complete all treatment programs required as a condition of parole                                     
19       before discharge based on credits earned under this section.                                                      
20    * Sec. 20. AS 33.16.270 is amended by adding a new subsection to read:                                             
21 (b)  A parolee may not earn credits under (a) of this section if the parolee is on                                      
22       parole for                                                                                                        
23                 (1)  an unclassified felony;                                                                            
24                 (2)  a sex offense as defined in AS 12.63.100;                                                          
25                 (3)  a felony crime against a person under AS 11.41;                                                    
26 (4)  a crime involving domestic violence, as defined in AS 18.66.990,                                                   
27       that is an offense under AS 11.41.                                                                                
28    * Sec. 21. AS 33.20.010(c) is repealed and reenacted to read:                                                      
29 (c)  A prisoner may not be awarded a good time deduction under (a) of this                                              
30 section for any period spent in a treatment program, in a private residence, or on                                      
31       electronic monitoring.                                                                                            
01    * Sec. 22. AS 44.19.645(g) is amended to read:                                                                     
02 (g)  The Department of Corrections shall report quarterly to the working group                                          
03 authorized in (b)(3) of this section. The report shall include the following information:                               
04 (1)  data on pretrial decision making and outcomes, including                                                           
05 information on pretrial detainees admitted for a new criminal charge; detainees                                         
06 released at any point before case resolution; time spent detained before first release or                               
07 case resolution; pretrial defendant risk level and charge; pretrial release                                             
08 recommendations made by pretrial services officers; pretrial conditions imposed on                                      
09 pretrial detainees by judicial officers, including amount of bail, and supervision                                      
10 conditions; and information on pretrial outcomes, including whether or not the                                          
11       defendant appeared in court or was re-arrested during the pretrial period;                                        
12 (2)  data on offenders admitted to the Department of Corrections for a                                                  
13 new criminal conviction, including the offense type, number of prior felony                                             
14       convictions, sentence length, and length of stay;                                                                 
15 (3)  data on the population of the Department of Corrections, using a                                                   
16 one-day snapshot on the first day of the first month of each quarter, broken down by                                    
17       type of admission, offense type, and risk level;                                                                  
18 (4)  data on offenders on probation supervised by the Department of                                                     
19 Corrections, including the total number of offenders supervised using a one-day                                         
20 snapshot on the first month of each quarter; admissions to probation; assignments to a                                  
21 program under AS 33.05.020(f); probation sentence length; time served on the                                            
22 sentence; whether probation was successfully completed, any new convictions for a                                       
23       felony offense, and any sentences to a term of imprisonment while on probation;                                   
24 (5)  data on parole, including the number of offenders supervised on                                                    
25 parole, using a one-day snapshot on the first month of each quarter; the number of                                      
26 parole hearings; the parole grant rate and number of parolees released on discretionary                                 
27 and special medical parole; and information on parolees, including time spent on                                        
28 parole, whether parole was successfully completed, any new convictions for a new                                        
29       felony offense, and any sentences to a term of imprisonment while on parole;                                      
30 (6)  data on the implementation of policies from the 2015 justice                                                       
31 reinvestment report, including the number and percentage of offenders who earn                                          
01 compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months,                                         
02 and the total amount of credits earned; [THE AVERAGE NUMBER OF                                                          
03 SANCTIONS ISSUED UNDER AS 33.05.020(g) BEFORE A PETITION TO                                                             
04 REVOKE PROBATION OR PAROLE IS FILED;] and the most common violations                                                    
05       of probation or parole; and                                                                                       
06 (7)  data on probation and parole revocations, including information on                                                 
07 probationers and parolees admitted for a supervision violation pre-case and post-case                                   
08 resolution; [PROBATIONERS AND PAROLEES ADMITTED SOLELY FOR A                                                            
09 TECHNICAL VIOLATION;] probationers and parolees admitted for a new arrest; the                                          
10 number of previous revocations on the current sentence, if any; the length of time held                                 
11       pre-case resolution; the length of time to case resolution; and the length of stay.                               
12    * Sec. 23. AS 12.30.055(b); 12.55.100(a)(2)(H), 12.55.110(c), 12.55.110(d), 12.55.110(e),                          
13 12.55.110(f), 12.55.110(g), 12.55.110(h); AS 33.05.020(g), 33.05.080(1);                                                
14 AS 33.16.090(b)(2), 33.16.100(f), 33.16.180(8), 33.16.210(b), 33.16.215, 33.16.220(j),                                  
15 33.16.240(h), 33.16.900(2); and AS 33.20.010(a)(4) are repealed.                                                        
16    * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18 REPORT ON REHABILITATIVE SERVICES. The Department of Corrections shall                                                  
19 develop a needs assessment of all rehabilitative services for each institution, including                               
20 education, treatment, vocational education, secular and faith-based, and pro-social programs.                           
21 On or before January 31, 2020, the Department of Corrections shall provide a written report                             
22 regarding the needs assessments to the senate secretary and chief clerk of the house of                                 
23 representatives and notify the legislature that the report is available.                                                
24    * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to                         
25 read:                                                                                                                   
26 APPLICABILITY. (a) The following sections apply to sentences imposed on or after                                        
27 the effective date of those sections for conduct occurring on or after the effective date of those                      
28 sections:                                                                                                               
29            (1)  AS 12.55.025(c), as amended by sec. 1 of this Act;                                                      
30            (2)  AS 12.55.051(a), as amended by sec. 2 of this Act;                                                      
31            (3)  AS 33.16.090(a), as amended by sec. 10 of this Act; and                                                 
01            (4)  AS 33.16.090(b), as amended by sec. 11 of this Act.                                                     
02       (b)  The following sections apply to probation ordered on or after the effective date of                          
03 those sections for conduct occurring on or after the effective date of those sections:                                  
04            (1)  AS 12.55.090(g), as amended by sec. 3 of this Act;                                                      
05            (2)  AS 33.05.020(h), as amended by sec. 6 of this Act;                                                      
06            (3)  AS 33.05.020(i), enacted by sec. 7 of this Act; and                                                     
07            (4)  AS 33.05.040(a), as amended by sec. 8 of this Act.                                                      
08       (c)  The following sections apply to parole ordered on or after the effective date of                             
09 those sections for conduct occurring on or after the effective date of those sections:                                  
10            (1)  AS 33.16.060(a), as amended by sec. 9 of this Act;                                                      
11            (2)  AS 33.16.100(h), enacted by sec. 13 of this Act;                                                        
12            (3)  AS 33.16.130(a), as repealed and reenacted by sec. 14 of this Act;                                      
13            (4)  AS 33.16.130(b), as amended by sec. by sec. 15 of this Act;                                             
14            (5)  AS 33.16.210(c), as amended by sec. 16 of this Act;                                                     
15            (6)  AS 33.16.220(b), as amended by sec. 17 of this Act;                                                     
16            (7)  AS 33.16.220(i), as amended by sec. 18 of this Act;                                                     
17            (8)  AS 33.16.270, as amended by sec. 19 of this Act;                                                        
18            (9)  AS 33.16.270(b), enacted by sec. 20 of this Act; and                                                    
19            (10)  AS 33.20.010(c), as repealed and reenacted by sec. 21 of this Act.                                     
20       (d)  AS 33.16.100(a), as amended by sec. 12 of this Act, applies to parole granted on                             
21 or after the effective date of sec. 12 of this Act, for conduct occurring before, on, or after the                      
22 effective date of this Act.                                                                                             
23 (e)  AS 28.35.030(o), as amended by sec. 4 of this Act, and AS 28.35.032(q), as                                         
24 amended by sec. 5 of this Act, apply to revocation of a driver's license occurring before, on,                          
25 or after the effective date of this Act, for conduct occurring before, on, or after the effective                       
26 date of this Act.                                                                                                       
27    * Sec. 26. This Act takes effect July 1, 2019.