00 SENATE BILL NO. 67                                                                                                      
01 "An Act relating to the imposition of criminal sentences; and amending Rule 32.2,                                       
02 Alaska Rules of Criminal Procedure."                                                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  This Act may be known as the "Truth in Sentencing Act of 1997."                                        
05    * Sec. 2  AS 12.55.025(a) is amended to read:                                                                        
06  (a)  When imposing a sentence for conviction of a felony offense or a sentence                                        
07 of imprisonment exceeding 90 days or upon a conviction of a violation of AS 04, a                                       
08 regulation adopted under AS 04, or an ordinance adopted in conformity with                                              
09 AS 04.21.010, the court shall prepare, as a part of the record, a sentencing report that                                
10 includes the following:                                                                                                 
11   (1)  a verbatim record of the sentencing hearing and any other in-court                                              
12 sentencing procedures;                                                                                                  
13   (2)  findings on material issues of fact and on factual questions required                                           
14 to be determined as a prerequisite to the selection of the sentence imposed;                                            
01   (3)  a clear statement of the terms of the sentence imposed; this                                                   
02 statement must include, at a minimum,                                                                                   
03   (A)  the sentence imposed;                                                                                          
04   (B)  the term of incarceration imposed, if any, including the                                                       
05 minimum term the defendant is expected to actually serve prior to being                                                 
06 released or placed on mandatory parole if the defendant's deduction for                                                 
07 good conduct under AS 33.20.010 is not forfeited; and                                                                   
08   (C)  the minimum term of incarceration the defendant must                                                           
09 serve before becoming eligible for release on discretionary parole;                                                    
10   (4)  any recommendations as to the place of confinement or the manner                                                
11 of treatment; and                                                                                                       
12   (5)  in the case of a conviction for a felony offense, information                                                   
13 assessing                                                                                                               
14   (A)  the financial, emotional, and medical effects of the offense                                                   
15 on the victim;                                                                                                          
16   (B)  the need of the victim for restitution; and                                                                    
17   (C)  any other information required by the court.                                                                   
18    * Sec. 3.  Rule 32.2(e), Alaska Rules of Criminal Procedure, is amended to read:                                     
19  (e)  Imposition of sentence.  At the sentencing hearing, the judge shall impose                                       
20 sentence and shall clearly state the precise terms of the sentence imposed, the reasons                                 
21 for the selecting the particular sentence, and the purposes the sentence is intended to                                 
22 serve.  In stating the precise terms of the sentence imposed, the judge shall                                          
23 identify the minimum term of incarceration imposed, if any, the term of                                                 
24 incarceration the defendant is expected to actually serve if the defendant is                                           
25 eligible for and does not forfeit good conduct deductions under AS 33.20.010, and                                       
26 the minimum term of incarceration, if any,  the defendant must serve before                                             
27 becoming eligible for release on discretionary parole.                                                                 
28    * Sec. 4.  The amendment of AS 12.55.025(a), made by sec. 2 of this Act, amends                                      
29 Rule 32.2, Alaska Rules of Criminal Procedure, by adding requirements for sentencing reports.                           
30    * Sec. 5.  This Act takes effect only if secs. 3 and 4 of this Act receive the two-thirds                            
31 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.