00 HOUSE BILL NO. 105 01 "An Act providing for incarceration for nonviolent, youthful first offenders in boot 02 camps operated by the Department of Corrections; creating the Boot Camp 03 Advisory Board in the Department of Corrections; amending Alaska Rule of 04 Criminal Procedure 35; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.55.015(a) is amended by adding a new subsection to read: 07  (g) If the defendant is ordered to serve a definite term of continuous 08 imprisonment under (a) of this section, and if (1) the defendant is less than 26 years 09 of age; (2) the offense the defendant committed (A) is a first felony conviction; and 10 (B) is not a violation of AS 11.41, AS 11.46.300, 11.46.400, AS 11.56.300, 11.56.810, 11 AS 11.61.100, 11.61.190, 11.61.195, or 11.61.240, the court may recommend that the 12 defendant be incarcerated in a boot camp program established under AS 33.30. 13 * Sec. 2. AS 33.30 is amended by adding new sections to read: 14 ARTICLE 2A. BOOT CAMP PROGRAM. 01  Sec. 33.30.182. BOOT CAMP PROGRAM. (a) The commissioner shall 02 establish a boot camp program as a correctional facility of the state. The boot camp 03 program is an alternative correctional facility and program for young prisoners who 04 have been sentenced for a first felony conviction of a nonviolent nature. Prisoners 05 committed by the department to participate in the boot camp program shall be housed 06 separately from other prisoners committed to the custody of the commissioner who are 07 not participating in the program. 08  (b) The commissioner shall include in the boot camp program 09  (1) a militarily styled intensive physical training and discipline 10 program; 11  (2) alcohol and drug counseling, education, and treatment as an integral 12 part of the program; 13  (3) educational and vocational assessment and training program 14 emphasizing job seeking skills; and 15  (4) other educational, counseling, and treatment programs as determined 16 by the department or as ordered by a court under AS 12.55.015. 17  (c) The commissioner shall structure the boot camp program in a manner that 18 a prisoner entering the program may complete it in a period of time determined by the 19 commissioner but not greater than 150 days. 20  (d) The commissioner shall notify the sentencing court when the commissioner 21 accepts a prisoner for the boot camp program. If the prisoner successfully completes 22 the program, as determined by the commissioner, the prisoner shall be automatically 23 referred to the sentencing court so that the prisoner may make a motion for sentence 24 reduction and placement on supervised probation. A prisoner shall be removed from 25 the boot camp program and reassigned to another correctional facility if the prisoner 26 fails to successfully complete the program or otherwise fails to abide by the regulations 27 of the program. 28  (e) The commissioner shall adopt regulations to implement AS 33.30.182 - 29 33.30.184 and otherwise administer the boot camp program. 30  (f) The commissioner shall maintain records of the program and shall annually 31 report to the legislature not later than February 1 on the program and its effectiveness. 01 The report must include 02  (1) a comparison of recidivism rates between prisoners who have 03 completed the boot camp program and 04  (A) other first offenders not eligible for the program who are 05 committed to the custody of the commissioner; and 06  (B) all other prisoners committed to the custody of the 07 commissioner; 08  (2) a comparison of costs between the boot camp program and 09 traditional incarceration programs; 10  (3) a description of the number of prisoners who have participated in, 11 completed, or failed the boot camp program. 12  Sec. 33.30.183. ELIGIBILITY FOR ASSIGNMENT TO BOOT CAMP 13 PROGRAM. (a) The commissioner may not allow a prisoner to serve time in the 14 boot camp program unless the commissioner specifically finds that the prisoner meets 15 the eligibility requirements of this section. 16  (b) To be eligible to serve time in the boot camp program, the 17  (1) prisoner must be under 26 years of age; 18  (2) offense for which the prisoner is committed 19  (A) must be a first felony conviction; and 20  (B) may not be for a violation of AS 11.41, AS 11.46.300, 21 11.46.400, AS 11.56.300, 11.56.810, AS 11.61.100, 11.61.190, 11.61.195, or 22 11.61.240. 23  Sec. 33.30.184. ADVISORY BOARD. (a) The Boot Camp Program Advisory 24 Board is established in the department. The board shall review and provide advice to 25 the commissioner concerning the boot camp program. The members of the board are 26 appointed by the governor as follows: 27  (1) the commissioner or the commissioner's designee; 28  (2) the director of the division of institutions of the department; 29  (3) the director of the division of community corrections of the 30 department; 31  (4) a member of the house of representatives; 01  (5) a member of the senate; 02  (6) a superior court judge; and 03  (7) two public members. 04  (b) The public members of the board are entitled to per diem and travel 05 expenses authorized by law for boards and commissions under AS 39.20.180. 06 * Sec. 3. Alaska Rule of Criminal Procedure 35 is amended by adding a new subsection 07 to read: 08  (e) Notwithstanding (a) or (b) of this section, the court shall reduce a sentence, 09 by suspending the execution of any remaining term of imprisonment, even below any 10 minimum term set by law, and imposing a period of probation under conditions set by 11 the court that include a requirement for active supervision, within 180 days of the day 12 the sentence was imposed, or within 180 days of the day on which jurisdiction over 13 the case is returned to the trial court under Appellate Rule 507(b), unless the defendant 14 petitions the United States Supreme Court for certiorari, in which case the 180 days 15 commences on the day that the Alaska Supreme Court denies relief if a defendant who 16 is automatically referred to the court upon successful completion of a boot camp 17 program under AS 33.30 moves for a reduction of sentence. 18 * Sec. 4. This Act takes effect July 1, 1993.