00 SENATE BILL NO. 234 01 "An Act relating to mandatory 99-year sentences, parole and furlough eligibility, 02 service of sentence at correctional restitution centers, and good time credit for 03 defendants with at least three felony convictions when the current conviction and 04 at least one of the prior convictions is for a most serious felony." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.55.125(c) is amended to read: 07  (c) A defendant convicted of a class A felony may be sentenced to a definite 08 term of imprisonment of not more than 20 years, and shall be sentenced to the 09 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 10 12.55.175: 11  (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (2) of this subsection, five years; 13  (2) if the offense is a first felony conviction, other than for 14 manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or 01 caused serious physical injury during the commission of the offense, or knowingly 02 directed the conduct constituting the offense at a uniformed or otherwise clearly 03 identified peace officer, fire fighter, correctional officer, emergency medical technician, 04 paramedic, ambulance attendant, or other emergency responder who was engaged in 05 the performance of official duties at the time of the offense, seven years; 06  (3) if the offense is a second felony conviction, 10 years; 07  (4) if the offense is a third felony conviction and the defendant is not 08 subject to sentencing under (l) of this section, 15 years. 09 * Sec. 2. AS 12.55.125(d) is amended to read: 10  (d) A defendant convicted of a class B felony may be sentenced to a definite 11 term of imprisonment of not more than 10 years, and shall be sentenced to the 12 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 13 12.55.175: 14  (1) if the offense is a second felony conviction, four years; 15  (2) if the offense is a third felony conviction and the defendant is not 16 subject to sentencing under (l) of this section, six years; 17  (3) if the offense is a first felony conviction, and the defendant 18 knowingly directed the conduct constituting the offense at a uniformed or otherwise 19 clearly identified peace officer, fire fighter, correctional officer, emergency medical 20 technician, paramedic, ambulance attendant, or other emergency responder who was 21 engaged in the performance of official duties at the time of the offense, two years. 22 * Sec. 3. AS 12.55.125(e) is amended to read: 23  (e) A defendant convicted of a class C felony may be sentenced to a definite 24 term of imprisonment of not more than five years, and shall be sentenced to the 25 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 26 12.55.175: 27  (1) if the offense is a second felony conviction, two years; 28  (2) if the offense is a third felony conviction and the defendant is not 29 subject to sentencing under (l) of this section, three years; 30  (3) if the offense is a first felony conviction, and the defendant 31 knowingly directed the conduct constituting the offense at a uniformed or otherwise 01 clearly identified peace officer, fire fighter, correctional officer, emergency medical 02 technician, paramedic, ambulance attendant, or other emergency responder who was 03 engaged in the performance of official duties at the time of the offense, one year; 04  (4) if the offense is a first felony conviction, and the defendant violated 05 AS 08.54.520(a)(7) - (10), one year. 06 * Sec. 4. AS 12.55.125(i) is amended to read: 07  (i) A defendant convicted of sexual assault in the first degree or sexual abuse 08 of a minor in the first degree may be sentenced to a definite term of imprisonment of 09 not more than 30 years, and shall be sentenced to the following presumptive terms, 10 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11  (1) if the offense is a first felony conviction and does not involve 12 circumstances described in (2) of this subsection, eight years; 13  (2) if the offense is a first felony conviction, and the defendant 14 possessed a firearm, used a dangerous instrument, or caused serious physical injury 15 during the commission of the offense, 10 years; 16  (3) if the offense is a second felony conviction, 15 years; 17  (4) if the offense is a third felony conviction and the defendant is not 18 subject to sentencing under (l) of this section, 25 years. 19 * Sec. 5. AS 12.55.125 is amended by adding a new subsection to read: 20  (l) Notwithstanding any other provision of law, a defendant convicted of a 21 felony offense shall be sentenced to a mandatory term of imprisonment for 99 years 22 without the possibility of parole if the defendant has been previously convicted of two 23 or more felony offenses and if the current felony conviction and at least one of the 24 prior felony convictions is for a most serious felony offense. If a defendant is 25 sentenced to a mandatory 99-year sentence under this section, 26  (1) imprisonment for the prescribed mandatory term may not be 27 suspended under AS 12.55.080; 28 (2) imposition of sentence may not be suspended under AS 12.55.085; 29  (3) imprisonment for the prescribed mandatory term may not otherwise 30 be reduced. 31 * Sec. 6. AS 12.55.145 is amended by adding a new subsection to read: 01  (f) For purposes of considering prior convictions in imposing sentence under 02 AS 12.55.125(l) 03  (1) a conviction of an offense defined as a most serious felony is a 04 prior most serious felony conviction; 05  (2) a conviction in this or another jurisdiction of an offense having 06 elements similar to those of a most serious felony is considered a prior most serious 07 felony conviction; 08  (3) two or more convictions arising out of a single, continuous criminal 09 episode during which there was no substantial change in the nature of the criminal 10 objective are considered a single conviction unless the defendant was sentenced to 11 consecutive sentences for the crimes; offenses committed while attempting to escape 12 or avoid detection or apprehension after the commission of another offense are not part 13 of the same criminal episode or objective. 14 * Sec. 7. AS 12.55.185 is amended by adding a new paragraph to read: 15  (14) "most serious felony" means any of the following felonies or a 16 felony attempt to commit any of the following felonies: 17  (A) any unclassified or class A felony prescribed under AS 11 18 or criminal solicitation of an unclassified or class A felony prescribed under 19 AS 11; 20  (B) assault in the second degree; 21  (C) sexual assault in the second degree; 22  (D) sexual abuse of a minor in the second degree; 23  (E) unlawful exploitation of a minor; 24  (F) robbery in the second degree; 25  (G) extortion. 26 * Sec. 8. AS 33.16.090(b) is amended to read: 27  (b) Except as provided in (e) of this section, a prisoner is not eligible for 28 discretionary parole during the term of a presumptive sentence; however, a prisoner 29 is eligible for discretionary parole during a term of sentence enhancement imposed 30 under AS 12.55.155(a) or during the term of a consecutive or partially consecutive 31 presumptive sentence imposed under AS 12.55.025(e) or (g). A prisoner sentenced to 01 a mandatory 99-year term under AS 12.55.125(a) or (l) is not eligible for discretionary 02 parole during the entire term. 03 * Sec. 9. AS 33.20.010(a) is amended to read: 04  (a) Except as provided in (b) of this section and notwithstanding 05 AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the 06 state or a political subdivision of the state and sentenced to a term of imprisonment 07 that exceeds three days is entitled to a deduction of one-third of the term of 08 imprisonment rounded off to the nearest day if the prisoner follows the rules of the 09 correctional facility in which the prisoner is confined. A prisoner sentenced to a 10 mandatory 99-year term of imprisonment under AS 12.55.125(l) is not eligible for 11 a good time deduction. 12 * Sec. 10. AS 33.30.101 is amended by adding a new subsection to read: 13  (c) The regulations adopted under (a) of this section may not provide for the 14 granting of a furlough of any type to a prisoner sentenced to a mandatory 99-year term 15 of imprisonment under AS 12.55.125(l) unless the prisoner is at all times in the direct 16 custody of a correctional officer while the prisoner is away from the correctional 17 facility. 18 * Sec. 11. AS 33.30.161(b) is amended to read: 19  (b) To be eligible to serve time in a correctional restitution center, the prisoner 20  (1) must be employable or eligible to work on community service 21 projects approved by the commissioner and agree to secure employment or participate 22 in community service projects and obey the rules of the center; 23  (2) may not be serving a sentence for conviction of an offense 24  (A) involving violence or the use of force; 25  (B) under AS 11.41.320, 11.41.330, or AS 11.56.740; 26  (3) may not have been convicted of a felony offense, in the state or 27 another jurisdiction, involving violence or the use of force; [AND] 28  (4) may not have been convicted of an offense under AS 11.41.410 - 29 11.41.470 or an offense in the state or another jurisdiction having elements 30 substantially identical to an offense under AS 11.41.410 - 11.41.470; and 31  (5) may not have been sentenced to a mandatory 99-year term of 01 imprisonment under AS 12.55.125(l).