00 CS FOR SENATE BILL NO. 151(JUD) 01 "An Act relating to mitigation at sentencing in a criminal case for a defendant found by 02 the court to have been affected by a fetal alcohol spectrum disorder." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.155(d) is amended to read: 05 (d) The following factors shall be considered by the sentencing court if proven 06 in accordance with this section, and may allow imposition of a sentence below the 07 presumptive range set out in AS 12.55.125: 08 (1) the offense was principally accomplished by another person, and 09 the defendant manifested extreme caution or sincere concern for the safety or well- 10 being of the victim; 11 (2) the defendant, although an accomplice, played only a minor role in 12 the commission of the offense; 13 (3) the defendant committed the offense under some degree of duress, 14 coercion, threat, or compulsion insufficient to constitute a complete defense, but that 01 significantly affected the defendant's conduct; 02 (4) the conduct of a youthful defendant was substantially influenced by 03 another person more mature than the defendant; 04 (5) the conduct of an aged defendant was substantially a product of 05 physical or mental infirmities resulting from the defendant's age; 06 (6) in a conviction for assault under AS 11.41.200 - 11.41.220, the 07 defendant acted with serious provocation from the victim; 08 (7) except in the case of a crime defined by AS 11.41.410 - 11.41.470, 09 the victim provoked the crime to a significant degree; 10 (8) before the defendant knew that the criminal conduct had been 11 discovered, the defendant fully compensated or made a good faith effort to fully 12 compensate the victim of the defendant's criminal conduct for any damage or injury 13 sustained; 14 (9) the conduct constituting the offense was among the least serious 15 conduct included in the definition of the offense; 16 (10) the defendant was motivated to commit the offense solely by an 17 overwhelming compulsion to provide for emergency necessities for the defendant's 18 immediate family; 19 (11) after commission of the offense for which the defendant is being 20 sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other 21 persons who committed an offense; 22 (12) the facts surrounding the commission of the offense and any 23 previous offenses by the defendant establish that the harm caused by the defendant's 24 conduct is consistently minor and inconsistent with the imposition of a substantial 25 period of imprisonment; 26 (13) the defendant is convicted of an offense specified in AS 11.71 and 27 the offense involved small quantities of a controlled substance; 28 (14) the defendant is convicted of an offense specified in AS 11.71 and 29 the offense involved the distribution of a controlled substance, other than a schedule 30 IA controlled substance, to a personal acquaintance who is 19 years of age or older for 31 no profit; 01 (15) the defendant is convicted of an offense specified in AS 11.71 and 02 the offense involved the possession of a small amount of a controlled substance for 03 personal use in the defendant's home; 04 (16) in a conviction for assault or attempted assault or for homicide or 05 attempted homicide, the defendant acted in response to domestic violence perpetrated 06 by the victim against the defendant and the domestic violence consisted of aggravated 07 or repeated instances of assaultive behavior; 08 (17) except in the case of an offense defined by AS 11.41 or 09 AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the 10 time of sentencing, has successfully completed a court-ordered treatment program as 11 defined in AS 28.35.028 that was begun after the offense was committed; 12 (18) except in the case of an offense defined under AS 11.41 or 13 AS 11.46.400 or a defendant who has previously been convicted of a felony, the 14 defendant committed the offense while suffering from a mental disease or defect as 15 defined in AS 12.47.130 that was insufficient to constitute a complete defense but that 16 significantly affected the defendant's conduct; 17 (19) the defendant is convicted of an offense under AS 11.71, and the 18 defendant sought medical assistance for another person who was experiencing a drug 19 overdose contemporaneously with the commission of the offense; 20 (20) except in the case of an offense defined under AS 11.41 or 21 AS 11.46.400, the defendant committed the offense while suffering from a 22 condition diagnosed as a fetal alcohol spectrum disorder, the fetal alcohol 23 spectrum disorder substantially impaired the defendant's judgment, behavior, 24 capacity to recognize reality, or ability to cope with the ordinary demands of life, 25 and the fetal alcohol spectrum disorder, though insufficient to constitute a 26 complete defense, significantly affected the defendant's conduct; in this 27 paragraph, "fetal alcohol spectrum disorder" means a condition of impaired 28 brain function in the range of permanent birth defects caused by maternal 29 consumption of alcohol during pregnancy.